Never Yielding Europe's Territory (NYET) Act of 2022
This bill addresses Russia's actions against Ukraine and other countries in the region.
The bill authorizes and expedites the provision of security assistance, including by (1) prioritizing delivering excess defense articles to Ukraine, (2) authorizing the Department of State to waive certain costs for defense articles leased to Ukraine, and (3) authorizing additional Foreign Military Financing for programs in Europe.
The bill also provides funding for (1) Foreign Military Financing assistance to Ukraine, (2) the Global Engagement Center to counter foreign-sponsored propaganda and disinformation, (3) the Countering Russian Influence Fund to support Ukraine and other countries in response to Russia's aggression, and (4) International Military Education and Training assistance for Ukraine.
Furthermore, the bill imposes sanctions, including on (1) senior Russian military officials responsible for planning or executing military operations that violated Ukraine's sovereignty or territorial integrity, and (2) foreign individuals or entities that acted on behalf of Russia's government to destabilize Ukraine or disrupt Ukraine's critical infrastructure.
The bill also addresses additional matters, including (1) authorizing Radio Free Europe/Radio Liberty to explore opening new bureaus to reach audiences on Russia's periphery; and (2) providing for expedited approval of natural gas exports to qualifying nations, including NATO members, whereas currently expedited approval is only available for exports to countries that are in a free trade agreement relating to natural gas with the United States.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3652 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3652
To counter the aggression of the Russian Federation against Ukraine and
Eastern European allies, to expedite security assistance to Ukraine to
bolster Ukraine's defense capabilities, and to impose sanctions
relating to the actions of the Russian Federation with respect to
Ukraine, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2022
Mr. Risch (for himself, Mr. Toomey, Mr. Inhofe, Mr. Cruz, Mr. Rubio,
Mr. Graham, Mr. Portman, Mr. Barrasso, Mr. Tillis, Mr. Wicker, Mr.
Lankford, Ms. Collins, Mr. Cramer, Mr. Young, Mrs. Blackburn, Ms.
Ernst, Mr. Cassidy, Mr. Cornyn, Mrs. Capito, Mr. Kennedy, Mr. Boozman,
Mrs. Fischer, Mr. Crapo, Mr. Romney, Mr. Johnson, Mr. Marshall, Ms.
Lummis, Mr. Tuberville, Mr. Burr, Mr. Sullivan, Mr. Blunt, Mr. Thune,
Mr. Rounds, Mr. Grassley, and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To counter the aggression of the Russian Federation against Ukraine and
Eastern European allies, to expedite security assistance to Ukraine to
bolster Ukraine's defense capabilities, and to impose sanctions
relating to the actions of the Russian Federation with respect to
Ukraine, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Never Yielding
Europe's Territory (NYET) Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Sense of Congress.
Sec. 4. Statement of policy on European security.
Sec. 5. Statement of policy on United States import policy.
TITLE I--EXPEDITING SECURITY ASSISTANCE TO UKRAINE AND BOLSTERING
UKRAINE'S DEFENSE CAPABILITIES
Sec. 101. Prioritizing delivery of excess defense articles to Ukraine.
Sec. 102. Use of Department of Defense lease authority and Special
Defense Acquisition Fund to support
Ukraine.
Sec. 103. Presidential drawdown authority.
Sec. 104. Foreign Military Financing for Ukraine.
Sec. 105. Authority to provide assistance for the defense of Ukraine.
Sec. 106. Enhancing efforts to counter Kremlin disinformation.
Sec. 107. Emergency appropriations for the Countering Russian Influence
Fund.
Sec. 108. Temporary waiver of reimbursement costs for leased defense
articles.
Sec. 109. Ukraine Democracy Defense Lend-Lease Act of 2022.
Sec. 110. Temporary expedited congressional review of arms sales to
Ukraine.
Sec. 111. International military education and training cooperation
with Ukraine.
Sec. 112. Strategy on international military education and training
programming in Ukraine.
Sec. 113. Loan authority for Ukraine.
Sec. 114. Extension and modification of limitation on military
cooperation between the United States and
the Russian Federation.
Sec. 115. Reports on security assistance and provision of defense
articles to Armed Forces of Ukraine.
Sec. 116. Report on Russian chemical and biological activities in
Ukraine.
Sec. 117. Report on policies and procedures governing support for
Ukraine.
TITLE II--COUNTERING KREMLIN MALIGN INFLUENCE AND AGGRESSION IN EUROPE
Sec. 201. Authorization of appropriations for Foreign Military
Financing grant assistance to European
allies and partners.
Sec. 202. Boost European Deterrence Initiative (EDI), including funding
for military exercises.
Sec. 203. Bolstering Ukraine's cyber defense and resiliency
capabilities.
Sec. 204. Expanded broadcasting in countries of the former Soviet Union
to combat Russian disinformation and
information operations.
Sec. 205. Report on role of intelligence and security services of the
Russian Federation in efforts to undermine
the independence and integrity of Ukraine.
Sec. 206. Deepening security and economic ties with Baltic allies.
Sec. 207. Public disclosure of assets of Vladimir Putin and his inner
circle.
Sec. 208. Report on diplomatic and military impact of Russian military
aggression in Ukraine on European security.
Sec. 209. Energy security cooperation with allied partners in Europe.
TITLE III--MEASURES TO DETER CURRENT AND ESCALATED AGGRESSION AGAINST
UKRAINE BY THE RUSSIAN FEDERATION
Sec. 301. Definitions.
Subtitle A--Sanctions To Deter Aggression Against Ukraine by the
Russian Federation
Sec. 311. Imposition of sanctions with respect to senior Russian
defense officials related to the build-up
of Russian Armed Forces along Ukraine's
border.
Sec. 312. Imposition of sanctions with respect to Nord Stream 2.
Sec. 313. Imposition of sanctions with respect to foreign persons
contributing to the destabilization of
Ukraine or malicious cyber activities
against Ukraine.
Sec. 314. Imposition of sanctions with respect to facilitating
transactions for the Russian Armed Forces.
Sec. 315. Imposition of sanctions with respect to entities on the
CAATSA section 231(e) list.
Subtitle B--Sanctions and Other Measures in Response to Escalation of
Aggression Against Ukraine by the Russian Federation
Sec. 321. Determination with respect to operations of the Russian
Federation in Ukraine.
Sec. 322. Imposition of sanctions with respect to Nord Stream 2.
Sec. 323. Imposition of sanctions with respect to Russian financial
institutions.
Sec. 324. Imposition of sanctions with respect to Russian oligarchs and
members of Putin's inner circle.
Sec. 325. Imposition of sanctions with respect to officials of the
Government of the Russian Federation
relating to operations in Ukraine.
Sec. 326. Prohibition on and imposition of sanctions with respect to
transactions involving Russian sovereign
debt.
Sec. 327. Imposition of sanctions with respect to Russian extractive
industries.
Sec. 328. Imposition of sanctions with respect to Belarus related to
the build-up of Russian Armed Forces along
Ukraine's border.
Sec. 329. Prohibition on investment in occupied Ukrainian territory.
Subtitle C--Other Matters
Sec. 341. Reports on limitation on exemption from registration under
the Foreign Agents Registration Act of
1938, as amended, for persons filing
disclosure reports under the Lobbying
Disclosure Act of 1995 who are acting on
behalf of Russian entities.
Subtitle D--General Provisions
Sec. 351. Sanctions described.
Sec. 352. Implementation; regulations; penalties.
Sec. 353. Exceptions; waiver.
Sec. 354. Termination.
TITLE IV--HUMANITARIAN ASSISTANCE TO UKRAINE
Sec. 401. Humanitarian assistance to Ukraine.
Sec. 402. Limitations on humanitarian assistance.
TITLE V--GENERAL PROVISIONS
Sec. 501. Sunset.
Sec. 502. Exception relating to importation of goods.
Sec. 503. Prohibition of funds.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Defense article; defense service.--The terms ``defense
article'' and ``defense service'' have the meanings given those
terms in section 47 of the Arms Export Control Act (22 U.S.C.
2794).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the national security interests of the United
States--
(A) to continue and deepen the security partnership
between the United States and Ukraine; and
(B) to support Ukraine's sovereignty and
territorial integrity;
(2) aggression and malign influence by the Government of
the Russian Federation and its proxies in Ukraine are a threat
to the democratic sovereignty of Ukraine and the lives and
livelihoods of its people;
(3) the increase in Russian Federation troops, armor,
artillery, and associated military equipment on Ukraine's
border that began in October 2021--
(A) threatens the safety, security, financial
stability, and sovereignty of Ukraine;
(B) is destabilizing to the security of the entire
European continent; and
(C) may presage an invasion of Ukraine by the
Russian Federation, an event that would be Russia's
second invasion of Ukraine since 2014;
(4) the United States, in coordination with the European
Union, the North Atlantic Treaty Organization (NATO), and
members of the international community, should--
(A) support the territorial integrity of Ukraine;
and
(B) take action to oppose any effort by the
Government of the Russian Federation to further
encroach on Ukraine's territory and independence;
(5) any concession made by the United States and NATO to
the demands of the Government of the Russian Federation
regarding NATO membership or expansion is antithetical to the
North Atlantic Treaty and the commitments at the core of the
liberal democratic order;
(6) economic and financial sanctions, when used as part of
a coordinated and comprehensive strategy, are a powerful tool
to advance United States foreign policy and national security
interests; and
(7) the United States, in coordination with allies and
partners of the United States, should impose substantial new
sanctions in response to each act of aggression by the
Government of the Russian Federation or its proxies, and to
their full extent in the event of escalatory military
operations or other destabilizing aggression against Ukraine.
SEC. 4. STATEMENT OF POLICY ON EUROPEAN SECURITY.
It is the policy of the United States--
(1) to support the territorial integrity of Ukraine and
other countries against aggression by the Government of the
Russian Federation or its proxies;
(2) to ensure the swift and ongoing provision to Ukraine of
lethal and nonlethal security assistance, including surface-to-
air missiles, air defense systems, anti-ship missiles, and
anti-tank capabilities, on an expedited basis through the
Foreign Military Financing program, loan programs, excess
defense articles, and the lending or leasing of military
equipment;
(3) to build the resilience of Ukraine's military defenses
and bolster Ukraine's ability to defend against aggression by
the Government of the Russian Federation by increasing
International Military Education Training, improving
interoperability with NATO forces, and engaging in critical
areas, including air, sea, and cyber defense;
(4) to declassify or downgrade United States intelligence
on Russian malign activities in Ukraine, Belarus, and the
Baltic and Black Sea nations, kinetic or non-kinetic, to the
maximum extent possible, and to enable and encourage
dissemination of this information to United States allies and
partners and to the American public;
(5) to support efforts to improve Ukraine's cybersecurity
capacity and strengthen its ability to detect, investigate,
disrupt, and deter cyberattacks by strengthening cybersecurity
policy, enhancing technical infrastructure, supporting
cybersecurity education and training, and helping Ukraine
engage with international cybersecurity frameworks and
organizations;
(6) to counter Russian propaganda and disinformation about
Ukraine and support unrestricted, independent news and
reporting for audiences on the periphery of the Russian
Federation, including by increasing support for Radio Free
Europe/Radio Liberty;
(7) to further enhance security cooperation and engagement
with regional partners, including those in the Black Sea region
and the Baltic States, to strengthen Ukrainian and regional
security;
(8) to work closely with NATO allies, particularly allies
that share a border with the Russian Federation, on any matters
related to European security;
(9) to reduce the dependence of allies and partners of the
United States on energy resources that originate in the Russian
Federation in order for such countries to achieve lasting and
dependable energy security, including by increasing access to
diverse, reliable, and affordable energy;
(10) to condemn the Government of the Russian Federation
for, and to deter such government from, using its energy
resources as a geopolitical weapon to coerce, intimidate, and
influence other countries;
(11) to formulate a rapid and comprehensive response to any
humanitarian crisis inflicted upon the people of Ukraine as a
result of Russian aggression, including mechanisms for
emergency response, observation and monitoring of abuses, and
justice and accountability, including through the Organization
for Security and Co-operation in Europe; and
(12) to remain committed to a strong and unified NATO and
to not cede to the demands of the Government of the Russian
Federation regarding NATO force posture and membership.
SEC. 5. STATEMENT OF POLICY ON UNITED STATES IMPORT POLICY.
It is the policy of the United States--
(1) to protect United States domestic fisheries and seafood
producers by addressing the unrestricted importation of seafood
products to the United States from the Russian Federation,
while an embargo currently prohibits the importation of food
and agricultural products from the United States and its allies
to the Russian Federation; and
(2) to utilize existing authorities to prohibit the
importation into the United States from the Russian Federation
of any seafood of Russian origin until the Government of the
Russian Federation has terminated its prohibition on the
importation of seafood products from the United States.
TITLE I--EXPEDITING SECURITY ASSISTANCE TO UKRAINE AND BOLSTERING
UKRAINE'S DEFENSE CAPABILITIES
SEC. 101. PRIORITIZING DELIVERY OF EXCESS DEFENSE ARTICLES TO UKRAINE.
(a) In General.--During fiscal years 2022 through 2023, the
delivery of excess defense articles to Ukraine should be given the same
priority as that given other countries and regions under section
516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(c)(2)).
(b) Notification.--Notwithstanding section 516(f) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(f)), during fiscal years 2022
through 2023, the delivery of excess defense articles to Ukraine shall
be subject to a 15-day notification requirement, unless, in the event
of a notification under section 516(f)(1), the President certifies to
the appropriate congressional committees that an emergency exists that
necessitates the immediate transfer of the article. If the President
states in his notice that an emergency exists which requires the
proposed transfer in the national security interest of the United
States, thus waiving the congressional review requirements of this
subsection, the President shall set forth in the notification a
detailed justification for his determination, including a description
of the emergency circumstances which necessitate the immediate issuance
of the letter of offer and a discussion of the national security
interests involved.
SEC. 102. USE OF DEPARTMENT OF DEFENSE LEASE AUTHORITY AND SPECIAL
DEFENSE ACQUISITION FUND TO SUPPORT UKRAINE.
(a) Use of Special Defense Acquisition Fund.--The Secretary of
Defense, in consultation with the Secretary of State, may utilize, to
the maximum extent possible, the Special Defense Acquisition Fund
established under section 51 of the Arms Export Control Act (22 U.S.C.
2795) to expedite the procurement and delivery of defense articles and
defense services for the purpose of assisting and supporting the Armed
Forces of Ukraine.
(b) Use of Lease Authority.--The Secretary of Defense, in
consultation with the Secretary of State, may utilize, to the maximum
extent possible, its lease authority, including with respect to no-cost
leases, to provide defense articles to Ukraine for the purpose of
assisting and supporting the Armed Forces of Ukraine.
SEC. 103. PRESIDENTIAL DRAWDOWN AUTHORITY.
(a) In General.--Notwithstanding any other provision of law, out of
amounts in the Treasury not otherwise appropriated, $400,000,000 shall
be available in the drawdown authority under section 506(a)(1) of the
Foreign Assistance Act (22 U.S.C. 2318(a)) for fiscal year 2022.
(b) Priority.--The Secretary of Defense shall direct the military
services to make available equipment under this authority to the
maximum extent possible.
SEC. 104. FOREIGN MILITARY FINANCING FOR UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the provision of security assistance to Ukraine is one
of the most efficient and effective mechanisms for supporting
Ukraine and ensuring that it can defend against aggression by
the Russian Federation;
(2) in light of the military build-up by the Government of
the Russian Federation, the United States, working with allies
and partners, should work to expedite the provision of defense
articles and other security assistance to Ukraine and
prioritize and facilitate assistance to respond to the most
urgent defense needs of the Armed Forces of Ukraine; and
(3) the United States should ensure adequate planning for
maintenance for any equipment provided to Ukraine.
(b) Emergency Appropriation.--
(1) In general.--There is appropriated, out of any money in
the Treasury not otherwise appropriated, $250,000,000 to the
Secretary of State for fiscal year 2022 for Foreign Military
Financing assistance to Ukraine. Of the amount so appropriated,
not less than $100,000,000 shall be used for the purpose of
providing lethal assistance, including efforts to meet
Ukraine's priority defense needs including air defense, anti-
ship, and anti-armor capabilities, as well as non-standard
munitions and ammunition compatible with existing Ukrainian
systems.
(2) Emergency designation.--
(A) In general.--The amounts provided under
paragraph (1) are designated as an emergency
requirement pursuant to section 4(g) of the Statutory
Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(B) Designation in house and senate.--This
subsection is designated as an emergency requirement
pursuant to subsections (a) and (b) of section 4001 of
S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022.
(c) Authorization of Additional Emergency Supplemental
Appropriations.--There is authorized to be appropriated, in addition to
the amount appropriated by subsection (b), $250,000,000 as an
authorization of emergency supplemental appropriations for the
Department of State for Foreign Military Financing assistance for
fiscal year 2022. If $250,000,000 is not appropriated in fiscal year
2022, the remaining balance is authorized to be appropriated in
subsequent fiscal years in accordance with Foreign Military Finance
budget procedures.
(d) Notice to Congress.--Not later than 15 days before providing
assistance or support pursuant to this section, the Secretary of State
shall submit to the appropriate congressional committees, the Committee
on Appropriations of the Senate, and the Committee on Appropriations of
the House of Representatives a notification containing the following:
(1) A detailed description of the assistance or support to
be provided, including--
(A) the objectives of such assistance or support;
(B) the budget for such assistance or support; and
(C) the expected or estimated timeline for delivery
of such assistance or support.
(2) A description of such other matters as the Secretary
considers appropriate.
(e) Authority To Provide Lethal Assistance.--The Secretary of State
is authorized to provide lethal assistance under this section,
including anti-armor weapon systems, mortars, crew-served weapons and
ammunition, grenade launchers and ammunition, anti-tank weapons
systems, anti-ship weapons systems, anti-aircraft weapons systems, and
small arms and ammunition.
SEC. 105. AUTHORITY TO PROVIDE ASSISTANCE FOR THE DEFENSE OF UKRAINE.
(a) Statement of Policy.--In the event of an invasion of Ukraine by
the Government of the Russian Federation, it is in the interests of the
United States to continue to support the Ukrainian people in their
resistance against Russian occupation, control, or attack.
(b) Establishment of Ukraine Resistance Fund.--Upon an affirmative
determination under section 321, there is established a Ukraine
Resistance Fund composed of both Department of Defense and Department
of State assistance programs as outlined in subsections (c)(1) and
(c)(2).
(c) Implementation.--
(1) Department of defense post-invasion assistance to
ukraine.--
(A) Authority.--Upon an affirmative determination
under section 321, the Secretary of Defense, in
coordination with the Secretary of State, is authorized
through fiscal year 2023 to provide assistance,
including training, lethal and non-lethal equipment,
supplies, and sustainment to the security forces of the
Government of Ukraine and appropriately vetted
Ukrainian groups and individuals for the purpose of
defending the Ukrainian people and the territorial
integrity of Ukraine from attacks by the Russian
Federation.
(B) Requirement for plan.--The Secretary of
Defense, in coordination with the Secretary of State,
shall submit to the appropriate congressional
committees not later than 15 days before providing
assistance for the first time under this paragraph a
plan for providing such assistance and an
identification of the objectives of such assistance, a
description of the process to be used to determine
recipients of such assistance, and a description of the
mechanisms and procedures that will be used to monitor
the provision of assistance.
(C) Quarterly progress report.--Not later than 90
days after exercising the authority under subparagraph
(A), and every 90 days thereafter, the Secretary of
Defense, in coordination with the Secretary of State,
shall submit to the appropriate committees of Congress
a progress report on assistance provided under such
subsection.
(D) Authority to accept contributions.--The
Secretary of Defense may accept and retain
contributions, including assistance in kind, from
foreign governments to provide assistance as authorized
by this section. Any funds so accepted by the
Secretaries shall be credited to appropriations for the
appropriate operation and maintenance accounts.
(E) Authorization of emergency supplemental
appropriations.--There is authorized to be appropriated
$250,000,000 for each of fiscal years 2022 and 2023 for
the Department of Defense for Operation and Maintenance
for carrying out activities under subparagraph (A).
(2) Emergency supplemental appropriations for state
department efforts in support of ukrainian resistance.--
(A) Authority.--Upon an affirmative determination
under section 321, the funds described in subsection
(D) shall be made available to the Secretary of State
for the Ukraine Resistance Fund to support Ukrainian
resistance against Russian efforts to occupy or subdue
territory under the authority of the internationally
recognized Government of Ukraine.
(B) Plan for implementation.--The Secretary of
State shall submit to the appropriate congressional
committees not later than 15 days before providing
assistance for the first time under subparagraph (A) a
plan for providing such assistance and an
identification of the objectives of such assistance, a
description of the process to be used to determine
recipients of such assistance, and a description of the
mechanisms and procedures that will be used to monitor
the provision of assistance.
(C) Quarterly progress report.--Not later than 90
days after exercising the authority under subparagraph
(A), and every 90 days thereafter, the Secretary of
State shall submit to the appropriate committees of
Congress, a progress report on assistance provided
under such subsection.
(D) Emergency appropriations.--
(i) Appropriations.--There is appropriated,
out of any money in the Treasury not otherwise
appropriated, $220,000,000 to the Secretary of
State for fiscal year 2022 for efforts to
support Ukrainian resistance against Russian
efforts to occupy or subdue territory under the
authority of the internationally recognized
Government of Ukraine, to remain available
until expended.
(ii) Availability.--The amounts
appropriated under clause (i) shall be made
available as follows:
(I) $20,000,000 for the Global
Engagement Center for efforts to
support Ukrainian resistance to Russian
aggression, including countering undue
political influence, providing
political support to the legitimate
government of Ukraine, countering
Russian disinformation related to its
aggression against Ukraine, exposing
potential Russian atrocities against
the people of Ukraine, and rallying
international support for the people of
Ukraine.
(II) $200,000,000 for the
Countering Russian Influence Fund for
efforts to support Ukrainian resistance
to Russian aggression, including
logistical, organizational, and
operational support for programs
pursuant to this section.
(iii) Emergency designation.--
(I) In general.--The amounts
provided under clause (i) are
designated as an emergency requirement
pursuant to section 4(g) of the
Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(II) Designation in house and
senate.--Clause (i) is designated as an
emergency requirement pursuant to
subsections (a) and (b) of section 4001
of S. Con. Res. 14 (117th Congress),
the concurrent resolution on the budget
for fiscal year 2022.
(d) Clarification on the Use of Force.--Nothing in this section may
be construed to provide authorization for the use of military force
against the Russian Federation.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
SEC. 106. ENHANCING EFFORTS TO COUNTER KREMLIN DISINFORMATION.
(a) Emergency Appropriations for Global Engagement Center.--
(1) Appropriations.--There is appropriated, out of any
money in the Treasury not otherwise appropriated, $20,000,000
to the Secretary of State for fiscal year 2022 for the Global
Engagement Center to counter foreign state- and non-state-
sponsored propaganda and disinformation, with priority given to
programs and activities in Europe.
(2) Emergency designation.--
(A) In general.--The amounts provided under
paragraph (1) are designated as an emergency
requirement pursuant to section 4(g) of the Statutory
Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(B) Designation in house and senate.--This
subsection is designated as an emergency requirement
pursuant to subsections (a) and (b) of section 4001 of
S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022.
(b) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report that
contains--
(A) a description of efforts to counter and combat
disinformation by the Russian Federation with the
additional funds provided by this subsection;
(B) a description of efforts to combat malign
influence operations of the Russian Federation aimed at
inflaming tensions and dividing Ukrainian society;
(C) a description of efforts to assist allies and
partners in Central and Eastern Europe in exposing and
countering Russian malign influence campaigns and
operations;
(D) recommendations to increase support for
independent media outlets, including Radio Free Europe/
Radio Liberty;
(E) recommendations to increase support for
independent media outlets catering to Russian-speaking
populations residing in Russian-occupied Crimea, the
Donbas region of Ukraine, and throughout Ukraine; and
(F) a description of the major Russian narratives
in Central and Eastern Europe and an assessment of
which narratives have proven most effective in
achieving Russian objectives and undermining the
influence of the United States.
(c) Elimination of Termination Date for the Global Engagement
Center.--Section 1287 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note) is amended--
(1) in subsection (h), by striking the second sentence; and
(2) by striking subsection (j).
SEC. 107. EMERGENCY APPROPRIATIONS FOR THE COUNTERING RUSSIAN INFLUENCE
FUND.
(a) Emergency Appropriations.--
(1) Appropriations.--There is appropriated, out of any
money in the Treasury not otherwise appropriated, $200,000,000
to the Secretary of State for fiscal year 2022 for the
Countering Russian Influence Fund to provide additional support
to Ukraine and Central and Eastern European allies in the wake
of aggression by the Russian Federation.
(2) Emergency designation.--
(A) In general.--The amounts provided under
paragraph (1) are designated as an emergency
requirement pursuant to section 4(g) of the Statutory
Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(B) Designation in house and senate.--This
subsection is designated as an emergency requirement
pursuant to subsections (a) and (b) of section 4001 of
S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022.
(b) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report that
contains a plan for countering and combating aggression by the
Russian Federation with the additional funds provided by this
section and supporting Ukraine and Eastern Europe allies to
improve their defenses against such aggression.
(2) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex if necessary.
SEC. 108. TEMPORARY WAIVER OF REIMBURSEMENT COSTS FOR LEASED DEFENSE
ARTICLES.
Notwithstanding section 61(a)(4) of the Arms Export Control Act (22
U.S.C. 2796(a)(4)), the Secretary of State may waive the requirement
for reimbursement of all costs, including depreciation, restoration,
and replacement costs, for defense articles leased to Ukraine during
fiscal year 2022 if the Secretary of State determines that doing so is
in the national security interest of the United States.
SEC. 109. UKRAINE DEMOCRACY DEFENSE LEND-LEASE ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Ukraine
Democracy Defense Lend-Lease Act of 2022''.
(b) Authority To Lend or Lease Defense Articles to the Government
of Ukraine.--
(1) In general.--Subject to the provisions of law described
in paragraph (2), for fiscal years 2022 and 2023, the President
may authorize the United States Government to lend or lease
defense articles to the Government of Ukraine to help bolster
Ukraine's defense capabilities and protect its civilian
population from potential invasion by the Armed Forces of the
Government of the Russian Federation.
(2) Exclusions.--For the purposes of the authority
described in paragraph (1), the following provisions of law
shall not apply:
(A) Section 503(b)(3) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2311(b)(3)).
(B) Sections 61 and 63 of the Arms Export Control
Act (22 U.S.C. 2796, 2796b).
(3) Waiver of certain report requirements.--Congress finds
that an emergency exists for purposes of subsection (b) of
section 62 of the Arms Export Control Act (22 U.S.C. 2796a),
and the requirements of subsection (b) of such section are
waived.
(4) Delegation of authority.--The President may delegate
the enhanced authority described in paragraph (1) only to an
official appointed by the President by and with the advice and
consent of the Senate.
(c) Procedures for Delivery of Defense Articles.--Not later than 60
days after the date of the enactment of this Act, the President shall
establish expedited procedures for the delivery of any defense article
loaned or leased to the Government of Ukraine under an agreement
entered into under subsection (b) to ensure timely delivery of the
article to that Government.
SEC. 110. TEMPORARY EXPEDITED CONGRESSIONAL REVIEW OF ARMS SALES TO
UKRAINE.
(a) In General.--The President is authorized to issue any letter of
offer or license to export any defense articles or defense services to
Ukraine otherwise subject to the requirements of section 36 of the Arms
Export Control Act (22 U.S.C. 2776) unless Congress enacts a joint
resolution of disapproval of such sale or export, as the case may be,
within 15 calendar days.
(b) Sunset.--The authority of subsection (a) shall terminate on
October 1, 2023.
SEC. 111. INTERNATIONAL MILITARY EDUCATION AND TRAINING COOPERATION
WITH UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) International Military Education and Training (IMET) is
a critical component of United States security assistance that
facilitates training of international forces and strengthens
cooperation and ties between the United States and foreign
countries;
(2) it is in the national interest of the United States to
further strengthen the Armed Forces of Ukraine, particularly to
enhance their defensive capability and improve interoperability
for joint operations; and
(3) the Government of Ukraine should fully utilize the
United States IMET program, encourage eligible officers and
civilian leaders to participate in the training, and promote
successful graduates to positions of prominence in the Armed
Forces of Ukraine.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of State $3,500,000 for each of fiscal
years 2022, 2023, and 2024 for International Military Education and
Training assistance for Ukraine. The assistance shall be made available
for the following purposes:
(1) Training of future leaders.
(2) Establishing a rapport between the United States Armed
Forces and the Armed Forces of Ukraine to build partnerships
for the future.
(3) Enhancement of interoperability and capabilities for
joint operations.
(4) Focusing on professional military education, civilian
control of the military, and human rights.
(5) Fostering a better understanding of the United States.
(c) Notice to Congress.--Not later than 15 days before providing
assistance or support pursuant to subsection (a), the Secretary of
State shall submit to the appropriate congressional committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a notification
containing the following elements:
(1) A detailed description of the assistance or support to
be provided, including--
(A) the objectives of such assistance or support;
(B) the budget for such assistance or support; and
(C) the expected or estimated timeline for delivery
of such assistance or support.
(2) A description of such other matters as the Secretary
considers appropriate.
(d) Emergency Appropriation.--
(1) In general.--There is appropriated, out of any money in
the Treasury not otherwise appropriated, $3,500,000 to the
Secretary of State for fiscal year 2022 for International
Military Education and Training assistance for Ukraine for the
purposes described in subsection (b).
(2) Emergency designation.--
(A) In general.--The amounts provided under
paragraph (1) are designated as an emergency
requirement pursuant to section 4(g) of the Statutory
Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(B) Designation in house and senate.--This
subsection is designated as an emergency requirement
pursuant to subsections (a) and (b) of section 4001 of
S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022.
SEC. 112. STRATEGY ON INTERNATIONAL MILITARY EDUCATION AND TRAINING
PROGRAMMING IN UKRAINE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a strategy for the implementation
of the International Military Education and Training program in Ukraine
authorized under section 111.
(b) Elements.--The strategy required under subsection (a) shall
include the following elements:
(1) A clear plan, developed in close consultation with the
Ukrainian Ministry of Defense and the Armed Forces of Ukraine,
for how the IMET program will be used by the United States
Government and the Government of Ukraine to propel program
graduates to positions of prominence in support of the reform
efforts of the Armed Forces of Ukraine in line with NATO
standards.
(2) An assessment of the education and training
requirements of the Armed Forces of Ukraine and clear
recommendations for how IMET graduates should be assigned by
the Ukrainian Ministry of Defense upon completion of education
or training.
(3) An accounting of the current combat requirements of the
Armed Forces of Ukraine and an assessment of the viability of
alternative mobile training teams, distributed learning, and
other flexible solutions to reach such students.
(4) An identification of opportunities to influence the
next generation of leaders through attendance at United States
staff and war colleges, junior leader development programs, and
technical schools.
(c) Form.--The strategy required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 113. LOAN AUTHORITY FOR UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) as appropriate, the United States Government should
provide direct loans to Ukraine for the procurement of defense
articles, defense services, and design and construction
services pursuant to the authority of section 23 of the Arms
Export Control Act (22 U.S.C. 2763) to support the further
development of Ukraine's military forces; and
(2) such loans should be considered an additive security
assistance tool and not a substitute for Foreign Military
Financing for grant assistance or Ukraine Security Assistance
Initiative programming.
(b) Authority.--For fiscal year 2022 and 2023, the President,
acting through the Secretary of State, is authorized--
(1) to make direct loans under section 23 of the Arms
Export Control Act (22 U.S.C. 2763) to Ukraine, notwithstanding
the minimum interest rate required by subsection (c)(1) of such
section; and
(2) to charge fees for such loans under paragraph (1),
which shall be collected from borrowers in accordance with
section 502(7) of the Congressional Budget Act of 1974 (2
U.S.C. 661a(7)), and which may be used to cover the costs of
such loans as defined in section 502 of the Congressional
Budget Act of 1974.
(c) Certification.--Not fewer than 15 days before entering into an
agreement to make a loan described in subsection (b), the Secretary of
State shall submit to the appropriate congressional committees a
certification--
(1) certifying that the loan will aid Ukraine in bolstering
its defensive capabilities; and
(2) describing the specific intended purpose and use of the
loan.
(d) Repayment.--A loan made under the authority provided by
subsection (b) shall be repaid in not more than 12 years, but may
include a grace period of up to 1 year on the repayment of the
principal.
SEC. 114. EXTENSION AND MODIFICATION OF LIMITATION ON MILITARY
COOPERATION BETWEEN THE UNITED STATES AND THE RUSSIAN
FEDERATION.
(a) Extension.--Subsection (a) of section 1232 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2488) is amended by striking ``or 2021'' and inserting ``2021,
2022, or 2023''.
(b) Waiver.--Subsection (c)(2) of such section is amended to read
as follows:
``(2) not later than 15 days before the date on which the
waiver takes effect, and every 90 days thereafter, submits to
the appropriate congressional committees--
``(A) a notification that the waiver is in the
national security interest of the United States and a
description of the national security interest covered
by the waiver during the applicable reporting period;
``(B) a description of any condition or
prerequisite placed by the Russian Federation on
military cooperation between the United States and the
Russian Federation;
``(C) a description of the results achieved by
United States-Russian Federation military cooperation
during the applicable reporting period and an
assessment of whether such results meet the national
security objectives described under subparagraph (A);
``(D) a description of the measures in place to
mitigate counterintelligence or operational security
concerns and an assessment of whether such measures
have succeeded, submitted in classified form as
necessary; and
``(E) a report explaining why the Secretary of
Defense cannot make the certification under subsection
(a).''.
SEC. 115. REPORTS ON SECURITY ASSISTANCE AND PROVISION OF DEFENSE
ARTICLES TO ARMED FORCES OF UKRAINE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, the President
shall submit to the appropriate congressional committees a report on
the items that the United States has provided the Government of Ukraine
to assist in its defense.
(b) Contents.--The report required by subsection (a) shall
include--
(1) a description of the steps the United States has taken
to provide and expedite security assistance, defense articles,
and any other forms of support to Ukraine and the Armed Forces
of Ukraine, including increasing air defense capabilities,
since March 1, 2021;
(2) a description of any increased assistance and support
provided by allies and partners of the United States or Ukraine
to Ukraine or the Armed Forces of Ukraine, including increasing
air defense capabilities, since March 1, 2021; and
(3) a full accounting of all items provided to the
Government of Ukraine since March 1, 2021, to include a list of
the dates upon which all of the items were provided to the
Government of Ukraine under--
(A) any execution of the presidential drawdown
authority;
(B) the Foreign Military Financing program;
(C) the Foreign Military Sales program;
(D) the Ukraine Security Assistance Initiative;
(E) the Excess Defense Articles program; and
(F) the Lend-Lease program described in section
109.
(c) Report on Efforts To Lift NSPA Restrictions on Transfers of
Defense Articles to Ukraine.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report on restrictions imposed
by the NATO Support and Procurement Agency since October 1, 2021, on
transfers of defense articles to Ukraine, including third-party
transfers, including recommendations whether and how such restrictions
should be lifted.
SEC. 116. REPORT ON RUSSIAN CHEMICAL AND BIOLOGICAL ACTIVITIES IN
UKRAINE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Director of National Intelligence, shall
submit to the appropriate congressional committees a report that
includes--
(1) a description of any actions by Russia to use, move,
develop, produce, or otherwise acquire, stockpile, retain, or
otherwise employ or deploy chemical or biological weapons in or
against Ukraine that could constitute a potential violation of
its obligations as a State Party to the Chemical Weapons
Convention or the Biological Weapons Convention, including
activities relating to--
(A) military-grade nerve agents;
(B) pharmaceutical-based agents;
(C) destruction of any chemical production
facility;
(D) chemical or biological weapons development
facilities;
(E) chemical or biological weapons production
facilities;
(F) chemical or biological weapons stockpiles; and
(G) cooperation with other nations regarding the
use, development, supply, production, transfer, or
deployment of chemical weapons;
(2) a listing of entities facilitating any activities
identified in paragraph (1); and
(3) a description of any potential or planned use of those
items listed in paragraph (1) should focus on--
(A) assassinations;
(B) targeted killings; and
(C) battlefield use.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 117. REPORT ON POLICIES AND PROCEDURES GOVERNING SUPPORT FOR
UKRAINE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report on the legal and policy guidance
governing intelligence sharing and security assistance between the
United States and Ukraine.
(b) Contents.--The report required by subsection (a) shall
include--
(1) a description of applicable diplomatic, regulatory, or
legal guidance on the provision of security assistance by the
United States to Ukraine through programs of the Department of
State and the Department of Defense, including restrictions
outside of the International Trafficking in Arms Regulations
(22 C.F.R. 120 et seq.) and prohibitions on specific
capabilities and technologies;
(2) a description of the policies, procedures, and legal
guidance on the provision of intelligence support by the United
States to the military of Ukraine, including support for
targeting, battlefield intelligence, surveillance, and
reconnaissance, and other support designed to help improve the
operational effectiveness and lethality of the Ukrainian
military; and
(3) a list of the dates on which the applicable guidance
went into effect and any guidance that was superseded.
TITLE II--COUNTERING KREMLIN MALIGN INFLUENCE AND AGGRESSION IN EUROPE
SEC. 201. AUTHORIZATION OF APPROPRIATIONS FOR FOREIGN MILITARY
FINANCING GRANT ASSISTANCE TO EUROPEAN ALLIES AND
PARTNERS.
(a) European Security Programs.--In addition to amounts otherwise
authorized to be appropriated for Foreign Military Financing, there is
authorized to be appropriated $5,000,000,000 for the Department of
State for Foreign Military Financing grant assistance programs in
Europe, to remain available until expended.
(b) Purpose.--As a direct response to recent aggression against
Ukraine by the Russian Federation, the purpose of these funds shall be
to--
(1) deter the Russian Federation's current military
escalation along the border of Ukraine, Poland, and Lithuania,
and any future military build-up by the Russian Federation in
Eastern Europe;
(2) increase deterrence capabilities of Black Sea allied
and partner nations; and
(3) incentivize greater burden-sharing among NATO allies.
(c) Eligibility.--Countries eligible for grant assistance under
this program shall include--
(1) NATO allies and Ukraine; and
(2) other European partners, if the President provides a
written notification to the appropriate congressional
committees within 30 days that such grant is in the national
security interest of the United States.
(d) Restrictions on European Foreign Military Financing.--Amounts
authorized to be appropriated under subsection (a) shall be available
subject to--
(1) adherence to defense spending goals in line with those
laid out in the 2014 Wales Summit Declaration; and
(2) formal agreements between the United States and
recipient nations to conduct joint long-range planning for
capability development and the expenditure of those funds.
(e) Emergency Designation.--
(1) In general.--The amounts provided under subsection (a)
are designated as an emergency requirement pursuant to section
4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C.
933(g)).
(2) Designation in house and senate.--Subsection (a) is
designated as an emergency requirement pursuant to subsections
(a) and (b) of section 4001 of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal
year 2022.
SEC. 202. BOOST EUROPEAN DETERRENCE INITIATIVE (EDI), INCLUDING FUNDING
FOR MILITARY EXERCISES.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Defense for fiscal year 2022 an
additional $270,000,000 for the European Defense Initiative.
(b) Use of Funds.--The amounts appropriated in subsection (a) shall
be used for military training and exercises between United States Armed
Forces and European partners to increase the overall readiness and
interoperability of United States forces, NATO allies, and theater
partners across all domains.
(c) Emergency Designation.--
(1) In general.--The amounts provided under subsection (a)
are designated as an emergency requirement pursuant to section
4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C.
933(g)).
(2) Designation in house and senate.--Subsection (a) is
designated as an emergency requirement pursuant to subsections
(a) and (b) of section 4001 of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal
year 2022.
SEC. 203. BOLSTERING UKRAINE'S CYBER DEFENSE AND RESILIENCY
CAPABILITIES.
(a) In General.--There is authorized to be appropriated to the
Department of State $25,000,000 for each of fiscal years 2022 and 2023
for the purposes described in subsection (b).
(b) Use of Funds.--Amounts appropriated pursuant to subsection (a)
may only be used--
(1) to strengthen collaboration between the Government of
Ukraine and the NATO Cooperative Cyber Defence Centre of
Excellence, the European Union Agency for Cybersecurity, the
National Cyber Security Centre of the United Kingdom, and the
European Centre of Excellence for countering Hybrid Threats to
bolster Ukraine's cyber defense capabilities and to develop
surge capabilities as necessary;
(2) to assist the Government of Ukraine in identifying
critical areas of vulnerability within its cyber defense;
(3) to strengthen the ability of the Government of Ukraine
to detect, investigate, disrupt, and deter cyberattacks and
malign digital influence operations;
(4) to strengthen the ability of the Government of Ukraine
to develop cybersecurity incident response teams and to develop
procedures for responding to and mitigating the damage of
cyberattacks;
(5) to support multilateral, intergovernmental, and
nongovernmental efforts to improve Ukraine's cybersecurity
capacity efforts;
(6) to collaborate with the Government of Ukraine to better
understand the nature of cyberattacks and malign digital
influence operations that could be used to target the United
States;
(7) to work with the private sector to help facilitate the
sharing of information and services pertaining to cybersecurity
and cyber resilience in Ukraine; and
(8) to expand the United States Transnational and High-Tech
Crime Global Law Enforcement Network to provide additional
training and capacity-building in Ukraine related to cybercrime
and intellectual property crime, including by creating new
International Computer Hacking and Intellectual Property
Attorney Advisors or Intellectual Property Law Enforcement
Coordinators.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on efforts to implement
the policy described in subsection (a).
SEC. 204. EXPANDED BROADCASTING IN COUNTRIES OF THE FORMER SOVIET UNION
TO COMBAT RUSSIAN DISINFORMATION AND INFORMATION
OPERATIONS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated $155,500,000 for Radio Free Europe/Radio Liberty for
fiscal year 2022.
(b) Authorization of New Bureaus.--Radio Free Europe/Radio Liberty
may explore opening new bureaus to help expand its ability to reach
audiences on the periphery of the Russian Federation.
(c) Initiatives To Bolster Radio Free Europe/Radio Liberty Bureaus
Around the Russian Federation.--To help expand its reach to Russian-
speaking audiences and increase its reach to audiences through digital
media, Radio Free Europe/Radio Liberty should--
(1) evaluate where Russian disinformation is most deeply
pervasive in the Eurasia region;
(2) develop strategies to better communicate with
predominately Russian-speaking regions;
(3) build on efforts to increase capacity and programming
to counter disinformation in real time;
(4) expand Russian language investigative journalism;
(5) improve the technical capacity of the Ukraine bureau;
and
(6) continue efforts to increase digital news services.
SEC. 205. REPORT ON ROLE OF INTELLIGENCE AND SECURITY SERVICES OF THE
RUSSIAN FEDERATION IN EFFORTS TO UNDERMINE THE
INDEPENDENCE AND INTEGRITY OF UKRAINE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees, the Select Committee on
Intelligence of the Senate, and the Permanent Select Committee on
Intelligence of the House of Representatives a report on the role of
the intelligence and security services of the Russian Federation in
efforts to undermine and interfere with the independence of Ukraine.
(b) Elements.--The report required under subsection (a) shall
include--
(1) an assessment of the priorities and objectives of the
intelligence and security services of the Russian Federation
with respect to Ukraine;
(2) a detailed description of the steps taken by any
intelligence or security services of the Russian Federation to
undermine the stability of Ukraine or the Government of
Ukraine;
(3) a complete list of the branches of the intelligence or
security services of the Russian Federation that have engaged
in any influence efforts or campaigns to undermine the
stability of Ukraine or the Government of Ukraine;
(4) an assessment of--
(A) the tactics and techniques used by any
intelligence and security services of the Russian
Federation with respect to Ukraine;
(B) the success of those tactics and techniques;
and
(C) whether such tactics and techniques are
designed or intended to undermine the stability of
Ukraine or dismantle or overthrow the Government of
Ukraine; and
(5) any plans by the United States to provide additional
support to the Government of Ukraine to prevent internal
destabilization efforts, including through intelligence sharing
and support for reforms and anti-corruption efforts.
SEC. 206. DEEPENING SECURITY AND ECONOMIC TIES WITH BALTIC ALLIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) supporting and bolstering the security of the Baltic
States of Estonia, Latvia, and Lithuania is in the national
security interests of the United States;
(2) the Baltic States are critical allies in countering
aggression by the Government of the Russian Federation and
maintaining the collective security of the NATO alliance;
(3) the United States should continue to support and foster
a security partnership with the Baltic States that aims to meet
their security needs and provides additional capabilities and
tools to help defend against aggression by the Government of
the Russian Federation in the region;
(4) the United States should encourage the initiative
undertaken by the Baltic States to advance the Three Seas
Initiative to strengthen transport, energy, and digital
infrastructures among eastern Europe countries;
(5) there are mutually beneficial opportunities for
increased investment and economic expansion between the United
States and the Baltic States; and
(6) improved economic ties between the United States and
the Baltic States will lead to a strengthened strategic
partnership.
(b) Baltic Security and Economic Enhancement Initiative.--
(1) In general.--The Secretary of State shall establish an
initiative to deepen and foster security and economic ties with
the Baltic States.
(2) Purpose and objectives.--The initiative established
under paragraph (1) shall have the following goals and
objectives:
(A) Ensuring the efficient and effective delivery
of security assistance to the Baltic States,
prioritizing assistance that will strengthen defenses
against conventional and hybrid warfare and improve
interoperability with NATO forces and strengthen
regional defense capabilities.
(B) Bolstering United States support for the Baltic
region's physical and energy security needs.
(C) Mitigating the impact of economic coercion by
the Russian Federation and the People's Republic of
China on the Baltic States and identifying new
opportunities for foreign direct investment and United
States business ties.
(D) Improving high-level engagement between the
United States and the Baltic States, with a focus on
improving high-level security and economic cooperation.
(3) Activities.--The initiative established under paragraph
(1) shall--
(A) develop a comprehensive security assistance
strategy to strengthen the defensive capabilities of
the Baltic States, in coordination with other security
assistance authorities, that takes into account the
unique challenges of the proximity of the Baltic States
to the Russian Federation and the threat of aggression
against the Baltic States from the Government of the
Russian Federation;
(B) send high-level representatives of the
Department of State to--
(i) the Baltic States not less frequently
than twice a year; and
(ii) major regional fora on physical and
energy security, including the Three Seas
Initiative Summit and Business Forum and the
Baltic Sea Security Conference;
(C) convene an annual trade forum, in coordination
with the governments of the Baltic States, to foster
investment opportunities in the Baltic region for
United States businesses; and
(D) foster dialogue between experts from the United
States and from the Baltic States on hybrid warfare,
cyber defenses, economic expansion, and foreign direct
investment.
SEC. 207. PUBLIC DISCLOSURE OF ASSETS OF VLADIMIR PUTIN AND HIS INNER
CIRCLE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Treasury, in coordination
with the Director of National Intelligence and the Secretary of State,
shall submit to the committees specified in subsection (d) a detailed
report on the personal net worth and assets of the President of the
Russian Federation, Vladimir Putin, and his inner circle.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an identification of significant senior foreign
political figures and oligarchs in the Russian Federation, as
determined by their closeness to Vladimir Putin;
(2) the estimated net worth and known sources of income of
the individuals identified under paragraph (1), Vladimir Putin,
and the family members of such individuals and Vladimir Putin
(including current and former spouses, partners, birth parents
of a biological child, parents, adult children, and siblings),
including assets, investments, bank accounts, business
interests, held in and outside of the Russian Federation, and
relevant beneficial ownership information;
(3) an estimate of the total annual income and personal
expenditures of Vladimir Putin and his family members for
calendar years 2017 through 2021; and
(4) all known details about the financial practices and
transparency, or lack thereof, of Vladimir Putin and the
individuals identified under paragraph (1).
(c) Form.--
(1) In general.--The report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Public availability.--The unclassified portion of the
report required by subsection (a) shall be made available on a
publicly accessible internet website.
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the appropriate congressional committees;
(2) the Select Committee on Intelligence and the Committee
on Banking, Housing, and Urban Affairs of the Senate; and
(3) the Permanent Select Committee on Intelligence and the
Committee on Financial Services of the House of
Representatives.
SEC. 208. REPORT ON DIPLOMATIC AND MILITARY IMPACT OF RUSSIAN MILITARY
AGGRESSION IN UKRAINE ON EUROPEAN SECURITY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Secretary of Defense, shall submit to the appropriate congressional
committees, the Committee on Armed Services of the Senate, and the
Committee on Armed Services of the House of Representatives a report on
the diplomatic and military implications of Russia's military
aggression in Ukraine on the security environment of Europe.
(b) Contents.--The report required by subsection (a) shall
include--
(1) an assessment of the direct impact of aggression and
malign influence of the Russian Federation in and against
Ukraine and throughout Europe on United States interests in
Europe, including--
(A) relationships with United States allies and
partners;
(B) the credibility of the United States and NATO;
and
(C) the durability of the security order in the
region;
(2) a description of United States diplomatic efforts to
counter the malign influence and aggression of the Russian
Federation against Ukraine, including--
(A) an assessment of the United States diplomatic
and consular presence of the United States in Central
and Eastern Europe and a comparison of staffing and
resource levels in the region from 2012 to 2022;
(B) a description of ongoing and planned efforts to
counter malign influence in Europe by the Russian
Federation, including corruption, election
interference, and disinformation;
(C) an assessment of any gaps or shortfalls in
diplomatic or programmatic activities of the United
States Government to address the impact of Russian
aggression and malign influence in Ukraine and
throughout Europe; and
(D) a description of United States diplomatic
efforts--
(i) to reinforce political support for
NATO;
(ii) to increase allied participation and
contributions to NATO; and
(iii) to reinforce the role of NATO in
addressing security challenges in the region;
(3) an assessment of how the Russian Federation's military
aggression in Ukraine and increased presence and activity in
Belarus, the Baltic Sea region, and the Black Sea region has
impacted United States posture and planning considerations in
Europe; and
(4) a description of military efforts by the United States
to deter Russian aggression and increase the readiness,
interoperability, and lethality of NATO allies, including--
(A) a description of the military presence of the
United States in the United States European Command
(EUCOM);
(B) an assessment of whether such presence is
sufficient to execute operational plans and deterrence
activities of the United States and NATO;
(C) a list of prioritized capability requirements
necessary for EUCOM to enhance deterrence and
operational effectiveness in Europe;
(D) a description of allied contributions to NATO
operations; and
(E) an assessment of key gaps in capability,
challenges to readiness, and obstacles to
interoperability among NATO militaries.
SEC. 209. ENERGY SECURITY COOPERATION WITH ALLIED PARTNERS IN EUROPE.
(a) Short Title.--This section may be cited as the ``Energy
Security Cooperation with Allied Partners in Europe Act''.
(b) In General.--Section 3(c) of the Natural Gas Act (15 U.S.C.
717b(c)) is amended--
(1) by striking ``(c) For purposes'' and inserting the
following:
``(c) Expedited Approval Process.--
``(1) Definition of covered nation.--
``(A) In general.--In this subsection, the term
`covered nation' means--
``(i) a nation with which there is in
effect a free trade agreement requiring
national treatment for trade in natural gas;
``(ii) a member country of the North
Atlantic Treaty Organization;
``(iii) during the period described in
subparagraph (B), Japan; and
``(iv) any other foreign country, if the
Secretary of State, in consultation with the
Secretary of Defense, determines that
exportation of natural gas to that foreign
country would promote the national security
interests of the United States.
``(B) Period described.--The period referred to in
subparagraph (A)(iii) is the period during which the
Treaty of Mutual Cooperation and Security, signed at
Washington January 19, 1960, and entered into force
June 23, 1960 (11 UST 1632; TIAS 4509), between the
United States and Japan, remains in effect.
``(2) Expedited approval.--For purposes'';
(2) in paragraph (2) (as so designated), by striking
``nation with which there is in effect a free trade agreement
requiring national treatment for trade in natural gas'' and
inserting ``covered nation''; and
(3) by adding at the end the following:
``(3) Effect.--Nothing in this subsection--
``(A) authorizes the use of eminent domain to seize
land or land rights; or
``(B) waives any requirement under--
``(i) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(ii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
``(iii) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); or
``(iv) the Clean Air Act (42 U.S.C. 7401 et
seq.).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to applications for the authorization to export
natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b)
that are pending on, or filed on or after, the date of enactment of
this Act.
TITLE III--MEASURES TO DETER CURRENT AND ESCALATED AGGRESSION AGAINST
UKRAINE BY THE RUSSIAN FEDERATION
SEC. 301. DEFINITIONS.
In this title:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'', and
``payable-through account'' have the meanings given those terms
in section 5318A of title 31, United States Code.
(2) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(4) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(M), or (Y) of section 5312(a)(2) of title 31, United States
Code.
(5) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
regulations prescribed by the Secretary of the Treasury.
(6) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(7) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person had
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
Subtitle A--Sanctions To Deter Aggression Against Ukraine by the
Russian Federation
SEC. 311. IMPOSITION OF SANCTIONS WITH RESPECT TO SENIOR RUSSIAN
DEFENSE OFFICIALS RELATED TO THE BUILD-UP OF RUSSIAN
ARMED FORCES ALONG UKRAINE'S BORDER.
Not later than 30 days after the date of the enactment of this Act,
the President shall impose the sanctions described in section 351 with
respect to not fewer than 15 senior officials of any branch of the
Armed Forces of the Russian Federation who have ordered, controlled,
directed, or were otherwise responsible for the planning or execution
of actions related to--
(1) military operations in the Donbas region of Ukraine or
the illegally occupied territory of Crimea;
(2) the build-up of the Armed Forces of the Russian
Federation along Ukraine's border on or after October 1, 2021;
or
(3) other military operations that have violated the
sovereignty or territorial integrity of Ukraine.
SEC. 312. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD STREAM 2.
(a) In General.--Not later than 15 days after the date of the
enactment of this Act, and every 30 days thereafter, if the President
is not able to make the certification described in subsection (b), the
President shall impose the sanctions described in section 351 with
respect to a foreign person that is--
(1) any entity established for or responsible for the
planning, construction, or operation of the Nord Stream 2
pipeline or a successor entity, including Nord Stream 2 AG; or
(2) any corporate officer of an entity described in
paragraph (1).
(b) Certification Described.--The certification described in this
subsection is a certification to the appropriate committees of Congress
of each of the following:
(1) The Government of Germany has provided written, public
assurances that it will prevent the Nord Stream 2 pipeline from
being certified or otherwise from becoming operational.
(2) The Government of Germany, including any regulatory
body of that Government, is taking the necessary steps to
fulfill the assurances described in paragraph (1).
(3) The publicly available database of the European Network
of Transmission System Operators for Gas has not registered the
transit of gas through the Nord Stream 2 pipeline.
(c) Waiver.--
(1) Waiver by joint resolution.--Sanctions under subsection
(a) may be waived only if there is enacted into law a joint
resolution approving such a waiver.
(2) No national security waiver.--No waiver under section
353 or any other provision of law (other than a joint
resolution described in paragraph (1)) applies with respect to
sanctions under subsection (a).
(d) Termination.--On the date on which the President has, after
making an affirmative determination under section 321, imposed
sanctions under section 322, this section shall no longer have any
force or effect.
SEC. 313. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS
CONTRIBUTING TO THE DESTABILIZATION OF UKRAINE OR
MALICIOUS CYBER ACTIVITIES AGAINST UKRAINE.
Not later than 30 days after the date of the enactment of this Act,
the President shall impose the sanctions described in section 351 with
respect to not fewer than 15 foreign persons that the President
determines have, on or after October 1, 2021, engaged in activities,
under the authority or at the direction of the Government of the
Russian Federation, including through its proxies--
(1) to destabilize Ukraine; or
(2) that disrupt, attack, illegally infiltrate, or degrade
the operations of--
(A) any official website or network of the
Government of Ukraine;
(B) any public utility that operates in Ukraine; or
(C) any critical infrastructure in Ukraine.
SEC. 314. IMPOSITION OF SANCTIONS WITH RESPECT TO FACILITATING
TRANSACTIONS FOR THE RUSSIAN ARMED FORCES.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the President shall determine whether, on or
after January 1, 2021, Promsvyazbank and any of the financial
institutions specified in section 323 have knowingly conducted or
facilitated any transactions for any branch of the Armed Forces of the
Russian Federation that has been engaged in actions directly related
to--
(1) military operations in the Donbas region of Ukraine or
the illegally occupied territory of Crimea;
(2) the build-up of the Armed Forces of the Russian
Federation along Ukraine's border on or after December 1, 2021;
or
(3) other military operations that have violated the
sovereignty or territorial integrity of Ukraine.
(b) Imposition of Sanctions.--
(1) Promsvyazbank.--If the President determines under
subsection (a) that Promsvyazbank has conducted or facilitated
any transactions described in that subsection, the President
shall impose the sanctions described in section 351(1) with
respect to Promsvyazbank.
(2) Other russian financial institutions.--If the President
determines under subsection (a) that one or more of the
financial institutions specified in section 323 have conducted
or facilitated transactions described in subsection (a), the
President shall impose the sanctions described in section
351(1) with respect to one of those financial institutions.
(c) Discretionary Sanctions With Respect to Subsidiaries and
Successor Entities.--The President may impose the sanctions described
in section 351(1) with respect to any entity owned or controlled by, or
that is a successor to, a financial institution with respect to which
sanctions are imposed under paragraph (1) or (2) of subsection (b).
SEC. 315. IMPOSITION OF SANCTIONS WITH RESPECT TO ENTITIES ON THE
CAATSA SECTION 231(E) LIST.
Not later than 30 days after the date of the enactment of this Act,
the President shall impose the sanctions described in section 351 with
respect to not fewer than 5 entities--
(1) on the list of persons determined under section 231(e)
of the Countering America's Adversaries Through Sanctions Act
(22 U.S.C. 9525(e)) to be part of, or to operate for or on
behalf of, the defense or intelligence sectors of the
Government of the Russian Federation; and
(2) not designated before such date of enactment for
inclusion in the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury.
Subtitle B--Sanctions and Other Measures in Response to Escalation of
Aggression Against Ukraine by the Russian Federation
SEC. 321. DETERMINATION WITH RESPECT TO OPERATIONS OF THE RUSSIAN
FEDERATION IN UKRAINE.
(a) In General.--The President shall determine, at such times as
are required under subsection (b), whether--
(1) the Government of the Russian Federation, including
through any of its proxies, is engaged in or knowingly
supporting an escalation of aggression, including through
offensive cyber operations, in or against Ukraine, including
compared to the level of aggression in or against Ukraine
before January 1, 2022; and
(2) if so, whether such escalation has the aim or effect of
undermining, overthrowing, or dismantling the Government of
Ukraine, occupying the territory of Ukraine, or interfering
with the sovereignty or territorial integrity of Ukraine.
(b) Timing of Determinations.--The President shall make the
determination described in subsection (a)--
(1) not later than 15 days after the date of the enactment
of this Act;
(2) after the first determination under paragraph (1), not
less frequently than every 30 days (or more frequently as
warranted) during the 1-year period beginning on such date of
enactment; and
(3) after the end of that 1-year period, not less
frequently than every 90 days.
(c) Report Required.--Upon making a determination under subsection
(a), the President shall submit a report on the determination to--
(1) the committees specified in subsection (e);
(2) the majority leader and the minority leader of the
Senate; and
(3) the Speaker and the minority leader of the House of
Representatives.
(d) Congressional Requests.--
(1) In general.--Not later than 10 days after receiving a
request from the chairman or ranking member of one of the
committees specified in subsection (e) with respect to whether
the Russian Federation, including through any of its proxies,
has engaged in an act described in subsection (a), the
President shall--
(A) determine if the Russian Federation has engaged
in such an act; and
(B) submit a report on that determination, with a
detailed explanation, to the committees specified in
subsection (e).
(2) Failure of presidential determination.--The failure of
the President to submit a report required by subparagraph (B)
of paragraph (1) by the date required by that paragraph shall
have the same effect as if the President had made an
affirmative determination under subsection (a).
(e) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 322. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD STREAM 2.
(a) In General.--Upon making an affirmative determination under
section 321 and not later than 10 days following such a determination,
the President shall impose the sanctions described in section 351 with
respect to a foreign person that is--
(1) any entity established for or responsible for the
planning, construction, or operation of the Nord Stream 2
pipeline or a successor entity, including Nord Stream 2 AG; and
(2) any corporate officer of an entity described in
paragraph (1).
(b) No Waiver.--No waiver under section 353 or any other provision
of law applies with respect to sanctions under subsection (a).
(c) Repeal of Waiver Under Protecting Europe's Energy Security
Act.--Section 7503 of the Protecting Europe's Energy Security Act of
2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526 note) is amended
by striking subsection (f).
SEC. 323. IMPOSITION OF SANCTIONS WITH RESPECT TO RUSSIAN FINANCIAL
INSTITUTIONS.
(a) Imposition of Sanctions.--
(1) In general.--
(A) Specified russian financial institutions.--Upon
making an affirmative determination under section 321
and not later than 30 days following such a
determination, the President shall impose the sanctions
described in section 351(1) with respect to each of the
following financial institutions:
(i) VTB.
(ii) VEB.RF.
(iii) The Russian Direct Investment Fund.
(iv) Alfa Bank.
(B) Additional specified russian financial
institutions.--
(i) In general.--Upon making an affirmative
determination under section 321 and not later
than 30 days following such a determination,
the President shall, subject to clause (ii),
impose the sanctions described in paragraph (1)
or (2) of section 351 with respect to each of
the following financial institutions:
(I) Sberbank.
(II) Gazprombank.
(III) Credit Bank of Moscow.
(IV) Rosselkhozbank.
(V) FC Bank Otkritie.
(VI) Promsvyazbank.
(VII) Sovcombank.
(VIII) Transkapitalbank.
(IX) Any other comparable Russian
financial institution as determined by
the President.
(ii) Type of sanctions.--The President
shall impose the sanctions described in section
351(1) with respect to not fewer than 4 of the
financial institutions specified in clause (i).
(2) Subsidiaries and successor entities.--
(A) In general.--The President shall impose, with
respect to any financial institution described in
subparagraph (B), the sanctions described in section
351 that the President determines are equivalent to the
sanctions imposed with respect to financial
institutions specified in paragraph (1).
(B) Financial institutions described.--A financial
institution described in this subparagraph is a
financial institution--
(i) owned or controlled by, or that is a
successor to, a financial institution specified
in paragraph (1); or
(ii) used or established for the purpose of
evading sanctions under this section.
(b) Additional Russian Financial Institutions.--
(1) List required.--Not later than 30 days after making an
affirmative determination under section 321, and every 90 days
thereafter, the President shall submit to the appropriate
committees of Congress a list of foreign persons that the
President determines--
(A) are financial institutions--
(i) owned or operated by the Government of
the Russian Federation; or
(ii) that are owned or controlled by, or
are successors to, a financial institution
described in clause (i); and
(B) with respect to which sanctions should be
imposed in the interest of national security of the
United States.
(2) Imposition of sanctions.--Upon the submission of each
list required by paragraph (1), the President shall impose the
sanctions described in paragraph (1) or (2) of section 351 with
respect to each foreign person identified on the list.
(c) Mandatory Imposition of Sanctions With Respect to Transactions
With Sanctioned Russian Federation Financial Institutions.--
(1) In general.--The President shall impose one or both of
the sanctions described in paragraphs (1) and (2) of section
351 with respect to a foreign financial institution that, on or
after the date that is 30 days after sanctions are imposed
under subsection (a) or (b), knowingly engages in a significant
financial transaction with any financial institution subject to
sanctions imposed under subsection (a) or (b).
(2) Wind down period for the imposition of secondary
sanctions.--The President may delay the imposition of sanctions
under paragraph (1) with respect to a financial institution for
not more than 30 days if the President determines it is
necessary to enable non-Russian persons acting in good faith to
wind down business subject to sanctions under this section.
(d) Congressional Disapproval of Waivers.--
(1) Report required.--Any waiver under section 353(b) that
applies to a sanction imposed under this section shall be
accompanied by a report submitted by the President to the
appropriate committees of Congress stating whether the waiver--
(A) is not intended to significantly alter United
States foreign policy with regard to the Russian
Federation; or
(B) is intended to significantly alter United
States foreign policy with regard to the Russian
Federation.
(2) Termination of waiver.--A waiver described in paragraph
(1) shall have no force or effect on or after the date of the
enactment of a joint resolution of disapproval enacted in
accordance with paragraph (3) with respect to the waiver.
(3) Consideration of joint resolutions of disapproval.--
(A) Joint resolution of disapproval defined.--In
this subsection, the term ``joint resolution of
disapproval'' means a joint resolution the sole matter
after the resolving clause of which is the following:
``Congress disapproves of the waiver under section
353(b) of the Never Yielding Europe's Territory (NYET)
Act of 2022 with respect to a sanction imposed under
section 323 of that Act relating to ___.'', with the
blank space being filled with a short description of
the matter to which the waiver relates.
(B) Introduction.--A joint resolution of
disapproval may be introduced at any time after the
issuance of a waiver described in paragraph (1)--
(i) in the House of Representatives, by the
majority leader or the minority leader; and
(ii) in the Senate, by the majority leader
(or the majority leader's designee) or the
minority leader (or the minority leader's
designee).
(C) Expedited procedures.--The procedures set forth
in paragraphs (4), (5), and (6) of section 216(c) of
the Countering America's Adversaries Through Sanctions
Act (22 U.S.C. 9511(c)) shall apply with respect to a
joint resolution of disapproval under this paragraph to
the same extent and in the same manner as such
procedures apply with respect to a joint resolution
under that section, except that a joint resolution of
disapproval under this paragraph shall, in the Senate,
be referred--
(i) to the Committee on Banking, Housing,
and Urban Affairs if the joint resolution
relates to a waiver that is not intended to
significantly alter United States foreign
policy with regard to the Russian Federation,
as stated in the report required by paragraph
(1); and
(ii) to the Committee on Foreign Relations
if the joint resolution relates to a waiver
that is intended to significantly alter United
States foreign policy with regard to the
Russian Federation, as stated in the report
required by paragraph (1).
(4) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, and supersedes other rules only to
the extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
SEC. 324. IMPOSITION OF SANCTIONS WITH RESPECT TO RUSSIAN OLIGARCHS AND
MEMBERS OF PUTIN'S INNER CIRCLE.
Upon making an affirmative determination under section 321 and not
later than 60 days following such a determination, the President shall
impose the sanctions described in section 351 with respect to not fewer
than 15 foreign persons--
(1) that the President determines--
(A) are listed in the classified annex submitted to
Congress with the report required by section 241 of the
Countering America's Adversaries Through Sanctions Act
(Public Law 115-44; 131 Stat. 922); or
(B) would be included in that annex, if that report
were submitted on the date of the determination; and
(2) with respect to which the President determines
sanctions should be imposed in the interest of the national
security of the United States.
SEC. 325. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS OF THE
GOVERNMENT OF THE RUSSIAN FEDERATION RELATING TO
OPERATIONS IN UKRAINE.
(a) In General.--Upon making an affirmative determination under
section 321 and not later than 60 days following such a determination,
the President shall impose the sanctions described in section 351 with
respect to each of the officials specified in subsection (b).
(b) Officials Specified.--The officials specified in this
subsection are the following:
(1) The President of the Russian Federation.
(2) The Prime Minister of the Russian Federation.
(3) The Foreign Minister of the Russian Federation.
(4) The Minister of Defense of the Russian Federation.
(5) The Chief of the General Staff of the Armed Forces of
the Russian Federation.
(6) The Commander-in-Chief of the Land Forces of the
Russian Federation.
(7) The Commander-in-Chief of the Aerospace Forces of the
Russian Federation.
(8) The Commander of the Airborne Forces of the Russian
Federation.
(9) The Commander-in-Chief of the Navy of the Russian
Federation.
(10) The Commander of the Strategic Rocket Forces of the
Russian Federation.
(11) The Commander of the Special Operations Forces of the
Russian Federation.
(12) The Commander of Logistical Support of the Armed
Forces of the Russian Federation.
(c) Additional Officials.--
(1) List required.--Not later than 30 days after making an
affirmative determination under section 321 and every 90 days
thereafter, the President shall submit to the appropriate
committees of Congress a list of foreign persons that the
President determines--
(A) are--
(i) senior officials of any branch of the
Armed Forces of the Russian Federation leading
any of the operations described in section 321;
or
(ii) senior officials of the Government of
the Russian Federation, including any
intelligence agencies or security services of
the Russian Federation, with significant roles
in planning or implementing such operations;
and
(B) with respect to which sanctions should be
imposed in the interest of the national security of the
United States.
(2) Imposition of sanctions.--Upon the submission of each
list required by paragraph (1), the President shall impose the
sanctions described in section 351 with respect to each foreign
person on the list.
SEC. 326. PROHIBITION ON AND IMPOSITION OF SANCTIONS WITH RESPECT TO
TRANSACTIONS INVOLVING RUSSIAN SOVEREIGN DEBT.
(a) Prohibition on Transactions.--Upon making an affirmative
determination under section 321 and not later than 30 days following
such a determination, the President shall prohibit all transactions by
United States persons involving the sovereign debt of the Government of
the Russian Federation issued on or after the date of the enactment of
this Act, including governmental bonds.
(b) Imposition of Sanctions With Respect to State-Owned
Enterprises.--
(1) In general.--Not later than 60 days after making an
affirmative determination under section 321, the President
shall identify and impose the sanctions described in section
351 with respect to foreign persons that the President
determines engage in transactions involving the debt--
(A) of not fewer than 10 entities owned or
controlled by the Government of the Russian Federation;
and
(B) that is not subject to any other sanctions
imposed by the United States.
(2) Applicability.--Sanctions imposed under paragraph (1)
shall apply with respect to debt of an entity described in
subparagraph (A) of that paragraph that is issued after the
date that is 90 days after the President makes an affirmative
determination under section 321.
(c) List; Imposition of Sanctions.--Not later than 30 days after
making an affirmative determination under section 321, and every 90
days thereafter, the President shall--
(1) submit to the appropriate committees of Congress a list
of foreign persons that the President determines are engaged in
transactions described in subsection (a); and
(2) impose the sanctions described in section 351 with
respect to each such person.
SEC. 327. IMPOSITION OF SANCTIONS WITH RESPECT TO RUSSIAN EXTRACTIVE
INDUSTRIES.
(a) Identification.--Not later than 60 days after making an
affirmative determination under section 321, the President shall
identify foreign persons in any of the sectors or industries of the
Russian Federation described in subsection (b) with respect to which
the President determines sanctions should be imposed in the interest of
the national security of the United States.
(b) Sectors and Industries Described.--The sectors and industries
of the Russian Federation described in this subsection are the
following:
(1) Oil and gas extraction and production.
(2) Metals extraction, mining, and production.
(3) Minerals extraction and processing.
(4) Any other sector or industry with respect to which the
President determines the imposition of sanctions is in the
United States national security interest.
(c) List; Imposition of Sanctions.--Not later than 30 days after
the date of the enactment of this Act, the President shall submit to
the appropriate committees of Congress a report describing efforts by
the United States to--
(1) mitigate the impact of Russian restrictions on natural
gas, coal, and oil exports to Europe;
(2) ensure sufficient energy supplies to Europe in the
event of the imposition of the sanctions under subsection (a);
and
(3) implement the requirements under section 209 to address
energy supply shortfalls caused by the imposition of sanctions
under subsection (a) or the termination of energy supplies by
the Russian Federation.
SEC. 328. IMPOSITION OF SANCTIONS WITH RESPECT TO BELARUS RELATED TO
THE BUILD-UP OF RUSSIAN ARMED FORCES ALONG UKRAINE'S
BORDER.
Upon making an affirmative determination under section 321 and not
later than 30 days following such a determination, if the territory of
the Republic of Belarus was used as a point of origin for Russian
aggression covered by the determination, the President shall impose the
sanctions described in section 351 with respect to--
(1) not fewer than 15 senior officials of the Armed Forces
of the Republic of Belarus;
(2) not fewer than 15 senior officials who are members of
the current leadership of the Republic of Belarus; and
(3) not fewer than 2 of the following financial
institutions:
(A) Belarusbank.
(B) BPS-Sberbank.
(C) Belinvestbank.
(D) The Development Bank of Belarus.
(E) Alfa Bank Belarus.
(F) BSB Bank.
SEC. 329. PROHIBITION ON INVESTMENT IN OCCUPIED UKRAINIAN TERRITORY.
The sale, trade, transfer, and investment of goods or services by a
United States person in regions of Ukraine occupied by a third country
are prohibited until the Secretary of State certifies that each such
region is under the jurisdiction of the Government of Ukraine.
Subtitle C--Other Matters
SEC. 341. REPORTS ON LIMITATION ON EXEMPTION FROM REGISTRATION UNDER
THE FOREIGN AGENTS REGISTRATION ACT OF 1938, AS AMENDED,
FOR PERSONS FILING DISCLOSURE REPORTS UNDER THE LOBBYING
DISCLOSURE ACT OF 1995 WHO ARE ACTING ON BEHALF OF
RUSSIAN ENTITIES.
(a) In General.--Not later than 45 days after the date of enactment
of this Act and every 90 days thereafter, the Attorney General, in
coordination with the Secretary of State, shall submit to the
appropriate committees of Congress with oversight over compliance by an
agent of a foreign principal representing interests of the Government
of the Russian Federation or entities under the control or influence of
the Government of the Russian Federation with the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), a report,
the contents of which are described in subsection (b).
(b) Contents.--The report required under subsection (a) shall--
(1) include a list of all filings made under the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during the
applicable reporting period described in subsection (c) by any
agent of a foreign principal that is based in the Russian
Federation or on behalf of any company or economic project that
is more than 33-percent owned or controlled by the Government
of the Russian Federation, a Russian state-owned enterprise, or
an individual on the list described in section 324;
(2) for each filing that meets the requirements of
paragraph (1)--
(A) list the name of the agent of the foreign
principal filing the disclosure and the foreign
principal or project on whose behalf the agent is
filing; and
(B) describe the nexus between the foreign
principal listed in the registration and the company or
economic project that is based in the Russian
Federation or more than 33-percent owned or controlled
by the Government of the Russian Federation, Russian
state-owned enterprise, or an individual described in
section 324;
(3) include a list of all enforcement actions taken under
the Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 611 et seq.), or the Lobbying Disclosure Act of 1995 (2
U.S.C. 1601 et seq.) during the applicable reporting period
described in subsection (c) against an agent of a foreign
principal that is based in the Russian Federation or on behalf
of any economic project that is more than 33-percent owned or
controlled by the Government of the Russian Federation, Russian
state-owned enterprise, or an individual on the list described
in section 324;
(4) describe any gaps in oversight or enforcement
challenges to combatting abuse of or improper registrations
under the exemption under section 3(h) of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 613(h)); and
(5) include an assessment of whether any changes to the
exemption under section 3(h) of the Foreign Agents Registration
Act of 1938, as amended (22 U.S.C. 613(h)), are necessary to
ensure sufficient safeguards against malign influence
activities by the Government of the Russian Federation or
entities under the control or influence of the Government of
the Russian Federation.
(c) Reporting Period.--For purposes of a report required under
subsection (a), the report shall cover--
(1) in the case of the initial report, calendar year 2021
and the first quarter of calendar year 2022; and
(2) in the case of each subsequent report, the quarter of
the calendar year preceding the report.
Subtitle D--General Provisions
SEC. 351. SANCTIONS DESCRIBED.
The sanctions to be imposed with respect to a foreign person under
this title are the following:
(1) Property blocking.--The President shall exercise all of
the powers granted by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in all property and
interests in property of the foreign person if such property
and interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(2) Restrictions on correspondent and payable-through
accounts.--In the case of a foreign financial institution, the
President shall prohibit the opening, and prohibit or impose
strict conditions on the maintaining, in the United States of a
correspondent account or a payable-through account by the
foreign financial institution.
(3) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an
alien, the alien is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of an alien described in
subparagraph (A) shall be revoked, regardless
of when such visa or other entry documentation
is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
SEC. 352. IMPLEMENTATION; REGULATIONS; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this title.
(b) Regulations.--The President shall issue such regulations,
licenses, and orders as are necessary to carry out this title.
(c) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this title or any
regulation, license, or order issued to carry out this title shall be
subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
SEC. 353. EXCEPTIONS; WAIVER.
(a) Exceptions.--
(1) Exception for intelligence activities.--This title
shall not apply with respect to activities subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception for compliance with international obligations
and law enforcement activities.--Sanctions under this title
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success on June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations of the United
States; or
(B) to carry out or assist law enforcement activity
in the United States.
(3) Humanitarian exception.--Sanctions under this title
shall not apply with respect to any person for conducting or
facilitating a transaction for the provision (including any
sale) of agricultural commodities, food, medicine, or medical
devices to the Russian Federation.
(b) National Security Waiver.--The President may waive the
imposition of sanctions under this title with respect to a person if
the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate committees of Congress a
notification of the waiver and the reasons for the waiver.
SEC. 354. TERMINATION.
The President may terminate the sanctions imposed under this title
after determining and certifying to the appropriate committees of
Congress that the Government of the Russian Federation has--
(1) verifiably withdrawn all of its forces from all
territory of Ukraine that was not occupied or subject to
control by forces or proxies of the Government of the Russian
Federation before December 1, 2021;
(2) ceased supporting proxies in such territory; and
(3) entered into an agreed settlement with a legitimate
democratic government of Ukraine.
TITLE IV--HUMANITARIAN ASSISTANCE TO UKRAINE
SEC. 401. HUMANITARIAN ASSISTANCE TO UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that the United
States Government, in coordination with international organizations,
other donors, and local partners, must be prepared to launch an
immediate and targeted humanitarian response to avert disaster in the
event of a Russian invasion into Ukraine.
(b) Assistance Described.--
(1) In general.--The Secretary of State and the
Administrator of the United States Agency for International
Development, consistent with the authorities under chapters 1
and 9 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq., 22 U.S.C. 2292 et seq.), shall accelerate
contingency planning for an immediate humanitarian response to
a Russian invasion into Ukraine, including, as practicable and
appropriate, support for--
(A) the prepositioning of food and non-food
humanitarian commodities;
(B) the recruitment of staff and enabling
mechanisms for disaster assistance response teams;
(C) medical support for civilian casualties of
conflict;
(D) assistance for internally displaced persons and
the communities hosting them;
(E) the adaptation and expansion of transition
initiatives that promote stabilization and early
recovery; and
(F) protection services for humanitarian actors and
civil society organizations working to address
humanitarian needs and build resilience to Russian
aggression.
(c) Congressional Briefing.--Not later than 5 days after the date
of the enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International Development
shall brief the appropriate congressional committees on the
comprehensive United States Government strategy to avert a humanitarian
catastrophe in Ukraine.
SEC. 402. LIMITATIONS ON HUMANITARIAN ASSISTANCE.
(a) Limitation.--None of the funds authorized to be appropriated or
otherwise made available by this Act may be made available for
assistance for the Government of the Russian Federation.
(b) Annexation of Crimea.--
(1) Prohibition.--
(A) In general.--None of the funds authorized to be
appropriated or otherwise made available by this Act
may be made available for assistance for the central
government of a country that the Secretary of State
determines and reports to the Committees on Foreign
Relations and Appropriations of the Senate and the
Committees on Foreign Affairs and Appropriations of the
House of Representatives has taken affirmative steps
intended to support or be supportive of the Russian
Federation annexation of Crimea or any other territory
in Ukraine.
(B) Waiver.--The Secretary may waive the
restriction on assistance under subparagraph (A) if the
Secretary determines and reports to the committees
described in such subparagraph that the waiver is in
the national security interest of the United States,
and includes a justification for such interest.
(2) Limitation.--None of the funds authorized to be
appropriated or otherwise made available by this Act may be
made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or any other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of the
Government of the Russian Federation or Russian-backed
separatists, if such activity includes the
participation of officials of the Government of the
Russian Federation or other Russian-owned or -
controlled financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of the Government of the
Russian Federation or Russian-backed separatists, if
such assistance includes the participation of Russian
Government officials of the Government of the Russian
Federation or other Russian-owned or -controlled
financial entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit, or
guarantee) for any program that violates the sovereignty or
territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the President
certifies to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on
Foreign Affairs and the Committee on Appropriations of the
House of Representatives that the Government of Ukraine has
reestablished sovereignty over Crimea and other territory in
Ukraine under the control of the Government of the Russian
Federation or Russian-backed separatists and the Government of
the Russian Federation has returned to their garrisons all
troops currently on the internationally recognized border of
Ukraine as of February 1, 2022.
TITLE V--GENERAL PROVISIONS
SEC. 501. SUNSET.
The provisions of titles I, II, and IV shall terminate on the date
that is 5 years after the date of the enactment of this Act.
SEC. 502. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--Notwithstanding any other provision of this Act,
the authority or a requirement to impose sanctions under this Act shall
not include the authority or a requirement to impose sanctions on the
importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test equipment, and
excluding technical data.
SEC. 503. PROHIBITION OF FUNDS.
No funds appropriated or authorized to be appropriated in this Act
may be used to support--
(1) any entity occupying the seat of government in Ukraine
which is not internationally recognized as the legitimate
government of Ukraine; or
(2) any entity under the direct control of the Government
of the Russian Federation.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line