[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4152 Enrolled Bill (ENR)]
H.R.4152
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To provide for the costs of loan guarantees for Ukraine.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support for the Sovereignty,
Integrity, Democracy, and Economic Stability of Ukraine Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alien.--The term ``alien'' has the meaning given that term
in section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Select
Committee on Intelligence, the Committee on Appropriations, and
the majority leader and minority leader of the Senate; and
(B) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, the Committee on Appropriations, and
the Speaker and minority leader of the House of
Representatives.
(3) Materially assisted.--The term ``materially assisted''
means the provision of assistance that is significant and of a kind
directly relevant to acts described in paragraph (1), (2), or (3)
of section 8(a) or acts described in section 9(a)(1).
(4) 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 of any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 3. UNITED STATES POLICY TOWARD UKRAINE.
It is the policy of the United States--
(1) to condemn the unjustified military intervention of the
Russian Federation in the Crimea region of Ukraine and its
concurrent occupation of that region, as well as any other form of
political, economic, or military aggression against Ukraine;
(2) to reaffirm the commitment of the United States to, and to
remind Russia of its ongoing commitment to, the 1994 Budapest
Memorandum on Security Assurances, which was executed jointly with
the Russian Federation and the United Kingdom and explicitly
secures the independence, sovereignty, and territorial integrity
and borders of Ukraine, and to demand the immediate cessation of
improper activities, including the seizures of airfields and other
locations, and the immediate return of Russian forces to their
barracks;
(3) to work with United States partners in the European Union,
the North Atlantic Treaty Organization, and at the United Nations
to ensure that all nations recognize and not undermine, nor seek to
undermine, the independence, sovereignty, or territorial or
economic integrity of Ukraine;
(4) to use all appropriate economic elements of United States
national power, in coordination with United States allies, to
protect the independence, sovereignty, and territorial and economic
integrity of Ukraine;
(5) to support the people of Ukraine in their desire to forge
closer ties with Europe, including signing an Association Agreement
with the European Union as a means to address endemic corruption,
consolidate democracy, and achieve sustained prosperity;
(6) to use the voice and vote of the United States to secure
sufficient resources through the International Monetary Fund to
support needed economic structural reforms in Ukraine under
conditions that will reinforce a sovereign decision by the
Government of Ukraine to sign and implement an association
agreement with the European Union;
(7) to help the Government of Ukraine prepare for the
presidential election in May 2014;
(8) to reinforce the efforts of the Government of Ukraine to
bring to justice those responsible for the acts of violence against
peaceful protestors and other unprovoked acts of violence related
to the antigovernment protests in that began on November 21, 2013;
(9) to support the efforts of the Government of Ukraine to
recover and return to the Ukrainian state funds stolen by former
President Yanukovych, his family, and other current and former
members of the Ukrainian government and elites;
(10) to support the continued professionalization of the
Ukrainian military;
(11) to condemn economic extortion by the Russian Federation
against Ukraine, Moldova, Lithuania, and other countries in the
region designed to obstruct closer ties between the European Union
and the countries of the Eastern Partnership and to reduce the
harmful consequences of such extortion;
(12) to condemn the continuing and long-standing pattern and
practice by the Government of the Russian Federation of physical
and economic aggression toward neighboring countries;
(13) to enhance and extend our security cooperation with,
security assistance to, and military exercises conducted with,
states in Central and Eastern Europe, including North Atlantic
Treaty Organization (NATO) member countries, NATO aspirants, and
appropriate Eastern Partnership countries;
(14) to reaffirm United States defense commitments to its
treaty allies under Article V of the North Atlantic Treaty;
(15) that the continued participation of the Russian Federation
in the Group of Eight (G-8) nations should be conditioned on the
Government of the Russian Federation respecting the territorial
integrity of its neighbors and accepting and adhering to the norms
and standards of free, democratic societies as generally practiced
by every other member nation of the G-8 nations;
(16) to explore ways for the United States Government to assist
the countries of Central and Eastern Europe to diversify their
energy sources and achieve energy security; and
(17) to ensure the United States maintains its predominant
leadership position and influence within the International Monetary
Fund, and to guarantee the International Monetary Fund has the
resources and governance structure necessary to support structural
reforms in Ukraine and respond to and prevent a potentially serious
financial crisis in Ukraine or other foreign economic crises that
threatens United States national security.
SEC. 4. PROVISION OF COSTS OF LOAN GUARANTEES FOR UKRAINE.
(a) In General.--From the unobligated balance of amounts
appropriated or otherwise made available under the heading ``economic
support fund'' under the heading ``Funds Appropriated to the
President'' in title III of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014 (division K
of Public Law 113-76) and in Acts making appropriations for the
Department of State, foreign operations, and related programs for
preceding fiscal years (other than amounts designated pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A))), amounts shall be made
available for the costs (as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a)) of loan guarantees for Ukraine that
are hereby authorized to be provided under this Act.
(b) Inapplicability of Certain Limitations.--Amounts made available
for the costs of loan guarantees for Ukraine pursuant to subsection (a)
shall not be considered ``assistance'' for the purpose of provisions of
law limiting assistance to Ukraine.
SEC. 5. RECOVERY OF ASSETS LINKED TO GOVERNMENTAL CORRUPTION IN
UKRAINE.
(a) Asset Recovery.--The Secretary of State, in coordination with
the Attorney General and the Secretary of the Treasury, shall assist,
on an expedited basis as appropriate, the Government of Ukraine to
identify, secure, and recover assets linked to acts of corruption by
Viktor Yanukovych, members of his family, or other former or current
officials of the Government of Ukraine or their accomplices in any
jurisdiction through appropriate programs, including the Kleptocracy
Asset Recovery Initiative of the Department of Justice.
(b) Coordination.--Any asset recovery efforts undertaken pursuant
to subsection (a) shall be coordinated through the relevant bilateral
or multilateral entities, including, as appropriate, the Egmont Group
of Financial Intelligence Units, the Stolen Asset Recovery Initiative
of the World Bank Group and the United Nations Office on Drugs and
Crime, the Camden Asset Recovery Inter-Agency Network, and the Global
Focal Point Initiative of the International Criminal Police
Organization (INTERPOL).
(c) Investigative Assistance.--The Secretary of State, in
coordination with the Attorney General, shall assist the Government of
Ukraine, the European Union, and other appropriate countries, on an
expedited basis, with formal and informal investigative assistance and
training, as appropriate, to support the identification, seizure, and
return to the Government of Ukraine of assets linked to acts of
corruption.
(d) Priority Assigned.--The Secretary of the Treasury shall ensure
that the Financial Crimes Enforcement Network of the Department of the
Treasury assists the Government of Ukraine, the European Union, and
other appropriate countries under section 314(a) of the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001 (31 U.S.C. 5311 note).
SEC. 6. DEMOCRACY, CIVIL SOCIETY, GOVERNANCE, AND TECHNICAL ASSISTANCE
FOR UKRAINE AND OTHER STATES IN CENTRAL AND EASTERN EUROPE.
(a) In General.--The Secretary of State shall, subject to the
availability of appropriations, directly or through nongovernmental
organizations--
(1) improve democratic governance, transparency,
accountability, rule of law, and anti-corruption efforts in
Ukraine;
(2) support efforts by the Government of Ukraine to foster
greater unity among the people and regions of the country;
(3) support the people and Government of Ukraine in preparing
to conduct and contest free and fair elections, including through
domestic and international election monitoring;
(4) assist in diversifying Ukraine's economy, trade, and energy
supplies, including at the national, regional, and local levels;
(5) strengthen democratic institutions and political and civil
society organizations in Ukraine;
(6) expand free and unfettered access to independent media of
all kinds in Ukraine and assist with the protection of journalists
and civil society activists who have been targeted for free speech
activities;
(7) support political and economic reform initiatives by
Eastern Partnership countries; and
(8) support the efforts of the Government of Ukraine, civil
society, and international organizations to enhance the economic
and political empowerment of women in Ukraine and to prevent and
address violence against women and girls in Ukraine, and support
the inclusion of women in Ukraine in any negotiations to restore
Ukraine's security, independence, sovereignty, or territorial or
economic integrity.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State $50,000,000 for fiscal year 2015
to carry out the activities set forth in subsection (a). Amounts
appropriated for the activities set forth in subsection (a) shall be
used pursuant to the authorization and requirements contained in this
section. Additional amounts may be authorized to be appropriated under
other provisions of law.
(c) Strategy Requirement.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a strategy to carry out the
activities set forth in subsection (a).
(d) Notification Requirement.--
(1) In general.--Funds appropriated or otherwise made available
pursuant to subsection (b) may not be obligated until 15 days after
the date on which the President has provided notice of intent to
obligate such funds to the appropriate congressional committees.
(2) Waiver.--The President may waive the notification
requirement under paragraph (1) if the President determines that
failure to do so would pose a substantial risk to human health or
welfare, in which case notification shall be provided as early as
practicable, but in no event later than three days after taking the
action to which such notification requirement was applicable in the
context of the circumstances necessitating such waiver.
SEC. 7. ENHANCED SECURITY COOPERATION WITH UKRAINE AND OTHER COUNTRIES
IN CENTRAL AND EASTERN EUROPE.
(a) In General.--The President shall, subject to the availability
of appropriations--
(1) enhance security cooperation efforts and relationships
amongst countries in Central and Eastern Europe and among the
United States, the European Union, and countries in Central and
Eastern Europe;
(2) provide additional security assistance, including defense
articles and defense services (as those terms are defined in
section 47 of the Arms Export Control Act (22 U.S.C. 2794)) and
military training, to countries in Central and Eastern Europe,
including Ukraine; and
(3) support greater reform, professionalism, and capacity-
building efforts within the military, intelligence, and security
services in Central and Eastern Europe, including Ukraine.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the President a total of $100,000,000 for fiscal years
2015 through 2017 to carry out this section. Amounts appropriated for
the activities set forth in subsection (a) shall be used pursuant to
the authorization and requirements contained in this section.
Additional amounts may be authorized to be appropriated under other
provisions of law.
(c) Strategy Requirement.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a strategy to carry out the
activities set forth in subsection (a).
(d) Notification Requirement.--
(1) In general.--Funds appropriated or otherwise made available
pursuant to subsection (b) may not be obligated until 15 days after
the date on which the President has provided notice of intent to
obligate such funds to the appropriate congressional committees and
the Committees on Armed Services of the Senate and the House of
Representatives.
(2) Waiver.--The President may waive the notification
requirement under paragraph (1) if the President determines that
failure to do so would pose a substantial risk to human health or
welfare, in which case notification shall be provided as early as
practicable, but in no event later than three days after taking the
action to which such notification requirement was applicable in the
context of the circumstances necessitating such waiver.
SEC. 8. SANCTIONS ON PERSONS RESPONSIBLE FOR VIOLENCE OR UNDERMINING
THE PEACE, SECURITY, STABILITY, SOVEREIGNTY, OR TERRITORIAL INTEGRITY
OF UKRAINE.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to--
(1) any person, including a current or former official of the
Government of Ukraine or a person acting on behalf of that
Government, that the President determines has perpetrated, or is
responsible for ordering, controlling, or otherwise directing,
significant acts of violence or gross human rights abuses in
Ukraine against persons associated with the antigovernment protests
in Ukraine that began on November 21, 2013;
(2) any person that the President determines has perpetrated,
or is responsible for ordering, controlling, or otherwise
directing, significant acts that are intended to undermine the
peace, security, stability, sovereignty, or territorial integrity
of Ukraine, including acts of economic extortion;
(3) any official of the Government of the Russian Federation,
or a close associate or family member of such an official, that the
President determines is responsible for, complicit in, or
responsible for ordering, controlling, or otherwise directing, acts
of significant corruption in Ukraine, including the expropriation
of private or public assets for personal gain, corruption related
to government contracts or the extraction of natural resources,
bribery, or the facilitation or transfer of the proceeds of
corruption to foreign jurisdictions; and
(4) any individual that the President determines materially
assisted, sponsored, or provided financial, material, or
technological support for, or goods or services in support of, the
commission of acts described in paragraph (1), (2), or (3).
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection are
the following:
(A) Asset blocking.--The exercise of all powers granted to
the President 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 a person determined by the President to be subject
to subsection (a) 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.
(B) Exclusion from the united states and revocation of visa
or other documentation.--In the case of an alien determined by
the President to be subject to subsection (a), denial of a visa
to, and exclusion from the United States of, the alien, and
revocation in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)), of any visa or other
documentation of the alien.
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of paragraph (1)(A) or
any regulation, license, or order issued to carry out paragraph
(1)(A) 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.
(3) Exception relating to the importation of goods.--
(A) In general.--The requirement to block and prohibit all
transactions in all property and interests in property under
paragraph (1)(A) shall not include the authority to impose
sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term ``good'' has
the meaning given that term in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415) (as continued
in effect pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.)).
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to an
alien if admitting the alien into the United States is necessary to
permit the United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between the United
Nations and the United States, or other applicable international
obligations.
(c) Waiver.--The President may waive the application of sanctions
under subsection (b) 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) on or before the date on which the waiver takes effect,
submits to the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee
on Foreign Affairs and the Committee on Financial Services of the
House of Representatives a notice of and a justification for the
waiver.
(d) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
SEC. 9. SANCTIONS ON PERSONS IN THE RUSSIAN FEDERATION COMPLICIT IN OR
RESPONSIBLE FOR SIGNIFICANT CORRUPTION.
(a) In General.--The President is authorized and encouraged to
impose the sanctions described in subsection (b) with respect to--
(1) any official of the Government of the Russian Federation,
or a close associate or family member of such an official, that the
President determines is responsible for, or complicit in, or
responsible for ordering, controlling, or otherwise directing, acts
of significant corruption in the Russian Federation, including the
expropriation of private or public assets for personal gain,
corruption related to government contracts or the extraction of
natural resources, bribery, or the facilitation or transfer of the
proceeds of corruption to foreign jurisdictions; and
(2) any individual who has materially assisted, sponsored, or
provided financial, material, or technological support for, or
goods or services in support of, an act described in paragraph (1).
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection are
the following:
(A) Asset blocking.--The exercise of all powers granted to
the President 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 a person determined by the President to be subject
to subsection (a) 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.
(B) Exclusion from the united states and revocation of visa
or other documentation.--In the case of an alien determined by
the President to be subject to subsection (a), denial of a visa
to, and exclusion from the United States of, the alien, and
revocation in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)), of any visa or other
documentation of the alien.
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of paragraph (1)(A) or
any regulation, license, or order issued to carry out paragraph
(1)(A) 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.
(3) Exception relating to the importation of goods.--
(A) In general.--The authority to block and prohibit all
transactions in all property and interests in property under
paragraph (1)(A) shall not include the authority to impose
sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term ``good'' has
the meaning given that term in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415) (as continued
in effect pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.)).
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to an
alien if admitting the alien into the United States is necessary to
permit the United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between the United
Nations and the United States, or other applicable international
obligations.
(c) Waiver.--The President may waive the application of sanctions
under subsection (b) 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) on or before the date on which the waiver takes effect,
submits to the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee
on Foreign Affairs and the Committee on Financial Services of the
House of Representatives a notice of and a justification for the
waiver.
(d) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
SEC. 10. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE RUSSIAN FEDERATION.
(a) Report.--Not later than June 1, 2015, and June 1 of each year
thereafter through 2020, the Secretary of Defense shall submit to the
specified congressional committees a report, in both classified and
unclassified form, on the current and future military power of the
Russian Federation (in this section referred to as ``Russia''). The
report shall address the current and probable future course of
military-technological development of the Russian military, the tenets
and probable development of the security strategy and military strategy
of the Government of Russia, and military organizations and operational
concepts, for the 20-year period following submission of such report.
(b) Matters To Be Included.--The report required under subsection
(a) shall include the following:
(1) An assessment of the security situation in regions
neighboring Russia.
(2) The goals and factors shaping the security strategy and
military strategy of the Government of Russia.
(3) Trends in Russian security and military behavior that would
be designed to achieve, or that are consistent with, the goals
described in paragraph (2).
(4) An assessment of the global and regional security
objectives of the Government of Russia, including objectives that
would affect the North Atlantic Treaty Organization, the Middle
East, or the People's Republic of China.
(5) A detailed assessment of the sizes, locations, and
capabilities of the nuclear, special operations, land, sea, and air
forces of the Government of Russia.
(6) Developments in Russian military doctrine and training.
(7) An assessment of the proliferation activities of the
Government of Russia and Russian entities, as a supplier of
materials, technologies, or expertise relating to nuclear weapons
or other weapons of mass destruction or missile systems.
(8) Developments in the asymmetric capabilities of the
Government of Russia, including its strategy and efforts to develop
and deploy cyberwarfare and electronic warfare capabilities,
details on the number of malicious cyber incidents originating from
Russia against Department of Defense infrastructure, and associated
activities originating or suspected of originating from Russia.
(9) The strategy and capabilities of space and counterspace
programs in Russia, including trends, global and regional
activities, the involvement of military and civilian organizations,
including state-owned enterprises, academic institutions, and
commercial entities, and efforts to develop, acquire, or gain
access to advanced technologies that would enhance Russian military
capabilities.
(10) Developments in Russia's nuclear program, including the
size and state of Russia's stockpile, its nuclear strategy and
associated doctrines, its civil and military production capacities,
and projections of its future arsenals.
(11) A description of the anti-access and area denial
capabilities of the Government of Russia.
(12) A description of Russia's command, control,
communications, computers, intelligence, surveillance, and
reconnaissance modernization program and its applications for
Russia's precision guided weapons.
(13) In consultation with the Secretary of Energy and the
Secretary of State, developments regarding United States-Russian
engagement and cooperation on security matters.
(14) Other military and security developments involving Russia
that the Secretary of Defense considers relevant to United States
national security.
(c) Specified Congressional Committees Defined.--In this section,
the term ``specified congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on Armed
Services, the Select Committee on Intelligence, and the majority
leader and minority leader of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, the Permanent Select Committee on Intelligence, and the
Speaker and minority leader of the House of Representatives.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.