[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2828 Engrossed in Senate (ES)]

113th CONGRESS
  2d Session
                                S. 2828

_______________________________________________________________________

                                 AN ACT


 
To impose sanctions with respect to the Russian Federation, to provide 
       additional assistance 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 ``Ukraine Freedom 
Support Act of 2014''.
    (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. Statement of policy regarding Ukraine.
Sec. 4. Sanctions relating to the defense and energy sectors of the 
                            Russian Federation.
Sec. 5. Sanctions on Russian and other foreign financial institutions.
Sec. 6. Increased military assistance for the Government of Ukraine.
Sec. 7. Expanded nonmilitary assistance for Ukraine.
Sec. 8. Expanded broadcasting in countries of the former Soviet Union.
Sec. 9. Support for Russian democracy and civil society organizations.
Sec. 10. Report on non-compliance by the Russian Federation of its 
                            obligations under the INF Treaty.
Sec. 11. Rule of construction.

SEC. 2. DEFINITIONS.

    In this Act:
            (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) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' 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.
            (3) Defense article; defense service; training.--The terms 
        ``defense article'', ``defense service'', and ``training'' have 
        the meanings given those terms in section 47 of the Arms Export 
        Control Act (22 U.S.C. 2794).
            (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 
        section 561.308 of title 31, Code of Federal Regulations (or 
        any corresponding similar regulation or ruling).
            (6) Foreign person.--The term ``foreign person'' means any 
        individual or entity that is not a United States citizen, a 
        permanent resident alien, or an entity organized under the laws 
        of the United States or any jurisdiction within the United 
        States.
            (7) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (8) Russian person.--The term ``Russian person'' means--
                    (A) an individual who is a citizen or national of 
                the Russian Federation; or
                    (B) an entity organized under the laws of the 
                Russian Federation.
            (9) Special russian crude oil project.--The term ``special 
        Russian crude oil project'' means a project intended to extract 
        crude oil from--
                    (A) the exclusive economic zone of the Russian 
                Federation in waters more than 500 feet deep;
                    (B) Russian Arctic offshore locations; or
                    (C) shale formations located in the Russian 
                Federation.

SEC. 3. STATEMENT OF POLICY REGARDING UKRAINE.

    It is the policy of the United States to further assist the 
Government of Ukraine in restoring its sovereignty and territorial 
integrity to deter the Government of the Russian Federation from 
further destabilizing and invading Ukraine and other independent 
countries in Central and Eastern Europe, the Caucasus, and Central 
Asia. That policy shall be carried into effect, among other things, 
through a comprehensive effort, in coordination with allies and 
partners of the United States where appropriate, that includes economic 
sanctions, diplomacy, assistance for the people of Ukraine, and the 
provision of military capabilities to the Government of Ukraine that 
will enhance the ability of that Government to defend itself and to 
restore its sovereignty and territorial integrity in the face of 
unlawful actions by the Government of the Russian Federation.

SEC. 4. SANCTIONS RELATING TO THE DEFENSE AND ENERGY SECTORS OF THE 
              RUSSIAN FEDERATION.

    (a) Sanctions Relating to the Defense Sector.--
            (1) Rosoboronexport.--Except as provided in subsection (d), 
        not later than 30 days after the date of the enactment of this 
        Act, the President shall impose 3 or more of the sanctions 
        described in subsection (c) with respect to Rosoboronexport.
            (2) Russian producers, transferors, or brokers of defense 
        articles.--Except as provided in subsection (d), on and after 
        the date that is 45 days after the date of the enactment of 
        this Act, the President shall impose 3 or more of the sanctions 
        described in subsection (c) with respect to a foreign person 
        the President determines--
                    (A) is an entity--
                            (i) owned or controlled by the Government 
                        of the Russian Federation or owned or 
                        controlled by nationals of the Russian 
                        Federation; and
                            (ii) that--
                                    (I) knowingly manufactures or sells 
                                defense articles transferred into Syria 
                                or into the territory of a specified 
                                country without the consent of the 
                                internationally recognized government 
                                of that country;
                                    (II) transfers defense articles 
                                into Syria or into the territory of a 
                                specified country without the consent 
                                of the internationally recognized 
                                government of that country; or
                                    (III) brokers or otherwise assists 
                                in the transfer of defense articles 
                                into Syria or into the territory of a 
                                specified country without the consent 
                                of the internationally recognized 
                                government of that country; or
                    (B) knowingly, on or after the date of the 
                enactment of this Act, assists, sponsors, or provides 
                financial, material, or technological support for, or 
                goods or services to or in support of, an entity 
                described in subparagraph (A) with respect to an 
                activity described in clause (ii) of that subparagraph.
            (3) Specified country defined.--
                    (A) In general.--In this subsection, the term 
                ``specified country'' means--
                            (i) Ukraine, Georgia, and Moldova; and
                            (ii) any other country designated by the 
                        President as a country of significant concern 
                        for purposes of this subsection, such as 
                        Poland, Lithuania, Latvia, Estonia, and the 
                        Central Asia republics.
                    (B) Notice to congress.--The President shall notify 
                the appropriate congressional committees in writing not 
                later than 15 days before--
                            (i) designating a country as a country of 
                        significant concern under subparagraph (A)(ii); 
                        or
                            (ii) terminating a designation under that 
                        subparagraph, including the termination of any 
                        such designation pursuant to subsection (h).
    (b) Sanctions Related to the Energy Sector.--
            (1) Development of special russian crude oil projects.--
        Except as provided in subsection (d), on and after the date 
        that is 45 days after the date of the enactment of this Act, 
        the President may impose 3 or more of the sanctions described 
        in subsection (c) with respect to a foreign person if the 
        President determines that the foreign person knowingly makes a 
        significant investment in a special Russian crude oil project.
            (2) Authorization for extension of licensing limitations on 
        certain equipment.--The President, through the Bureau of 
        Industry and Security of the Department of Commerce or the 
        Office of Foreign Assets Control of the Department of the 
        Treasury, as appropriate, may impose additional licensing 
        requirements for or other restrictions on the export or 
        reexport of items for use in the energy sector of the Russian 
        Federation, including equipment used for tertiary oil recovery.
            (3) Contingent sanction relating to gazprom.--If the 
        President determines that Gazprom is withholding significant 
        natural gas supplies from member countries of the North 
        Atlantic Treaty Organization, or further withholds significant 
        natural gas supplies from countries such as Ukraine, Georgia, 
        or Moldova, the President shall, not later than 45 days after 
        making that determination, impose the sanction described in 
        subsection (c)(7) and at least one additional sanction 
        described in subsection (c) with respect to Gazprom.
    (c) Sanctions Described.--The sanctions the President may impose 
with respect to a foreign person under subsection (a) or (b) are the 
following:
            (1) Export-import bank assistance.--The President may 
        direct the Export-Import Bank of the United States not to 
        approve the issuance of any guarantee, insurance, extension of 
        credit, or participation in the extension of credit in 
        connection with the export of any goods or services to the 
        foreign person.
            (2) Procurement sanction.--The President may prohibit the 
        head of any executive agency (as defined in section 133 of 
        title 41, United States Code) from entering into any contract 
        for the procurement of any goods or services from the foreign 
        person.
            (3) Arms export prohibition.--The President may prohibit 
        the exportation or provision by sale, lease or loan, grant, or 
        other means, directly or indirectly, of any defense article or 
        defense service to the foreign person and the issuance of any 
        license or other approval to the foreign person under section 
        38 of the Arms Export Control Act (22 U.S.C. 2778).
            (4) Dual-use export prohibition.--The President may 
        prohibit the issuance of any license and suspend any license 
        for the transfer to the foreign person of any item the export 
        of which is controlled under the Export Administration Act of 
        1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to 
        the International Emergency Economic Powers Act (50 U.S.C. 1701 
        et seq.)) or the Export Administration Regulations under 
        subchapter C of chapter VII of title 15, Code of Federal 
        Regulations.
            (5) Property transactions.--The President may, pursuant to 
        such regulations as the President may prescribe, prohibit any 
        person from--
                    (A) acquiring, holding, withholding, using, 
                transferring, withdrawing, transporting, or exporting 
                any property that is subject to the jurisdiction of the 
                United States and with respect to which the foreign 
                person has any interest;
                    (B) dealing in or exercising any right, power, or 
                privilege with respect to such property; or
                    (C) conducting any transaction involving such 
                property.
            (6) Banking transactions.--The President may, pursuant to 
        such regulations as the President may prescribe, prohibit any 
        transfers of credit or payments between financial institutions 
        or by, through, or to any financial institution, to the extent 
        that such transfers or payments are subject to the jurisdiction 
        of the United States and involve any interest of the foreign 
        person.
            (7) Prohibition on investment in equity or debt of 
        sanctioned person.--The President may, pursuant to such 
        regulations as the President may prescribe, prohibit any United 
        States person from transacting in, providing financing for, or 
        otherwise dealing in--
                    (A) debt--
                            (i) of longer than 30 days' maturity of a 
                        foreign person with respect to which sanctions 
                        are imposed under subsection (a) or of longer 
                        than 90 days' maturity of a foreign person with 
                        respect to which sanctions are imposed under 
                        subsection (b); and
                            (ii) issued on or after the date on which 
                        such sanctions are imposed with respect to the 
                        foreign person; or
                    (B) equity of the foreign person issued on or after 
                that date.
            (8) Exclusion from the united states and revocation of visa 
        or other documentation.--In the case of a foreign person who is 
        an individual, the President may direct the Secretary of State 
        to deny a visa to, and the Secretary of Homeland Security to 
        exclude from the United States, the foreign person, subject to 
        regulatory exceptions 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.
            (9) Sanctions on principal executive officers.--In the case 
        of a foreign person that is an entity, the President may impose 
        on the principal executive officer or officers of the foreign 
        person, or on individuals performing similar functions and with 
        similar authorities as such officer or officers, any of the 
        sanctions described in this subsection applicable to 
        individuals.
    (d) Exceptions.--
            (1) Importation of goods.--
                    (A) In general.--The authority to block and 
                prohibit all transactions in all property and interests 
                in property under subsection (c)(5) 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.)).
            (2) Additional exceptions.--The President shall not be 
        required to apply or maintain the sanctions under subsection 
        (a) or (b)--
                    (A) in the case of procurement of defense articles 
                or defense services under existing contracts, 
                subcontracts, or other business agreements, including 
                ancillary or incidental contracts for goods, or for 
                services or funding (including necessary financial 
                services) associated with such goods, as necessary to 
                give effect to such contracts, subcontracts, or other 
                business agreements, and the exercise of options for 
                production quantities to satisfy requirements essential 
                to the national security of the United States--
                            (i) if the President determines in writing 
                        that--
                                    (I) the foreign person to which the 
                                sanctions would otherwise be applied is 
                                a sole source supplier of the defense 
                                articles or services;
                                    (II) the defense articles or 
                                services are essential;
                                    (III) alternative sources are not 
                                readily or reasonably available; and
                                    (IV) the national interests of the 
                                United States would be adversely 
                                affected by the application or 
                                maintenance of such sanctions; or
                            (ii) if the President determines in writing 
                        that--
                                    (I) such articles or services are 
                                essential to the national security 
                                under defense coproduction agreements; 
                                and
                                    (II) the national interests of the 
                                United States would be adversely 
                                affected by the application or 
                                maintenance of such sanctions;
                    (B) in the case of procurement, to eligible 
                products, as defined in section 308(4) of the Trade 
                Agreements Act of 1979 (19 U.S.C. 2518(4)), of any 
                foreign country or instrumentality designated under 
                section 301(b)(1) of that Act (19 U.S.C. 2511(b)(1));
                    (C) to products, technology, or services provided 
                under contracts, subcontracts, or other business 
                agreements (including ancillary or incidental contracts 
                for goods, or for services or funding (including 
                necessary financial services) associated with such 
                goods, as necessary to give effect to such contracts, 
                subcontracts, or other business agreements) entered 
                into before the date on which the President publishes 
                in the Federal Register the name of the foreign person 
                with respect to which the sanctions are to be imposed;
                    (D) to--
                            (i) spare parts that are essential to 
                        United States products or production;
                            (ii) component parts, but not finished 
                        products, essential to United States products 
                        or production; or
                            (iii) routine servicing and maintenance of 
                        United States products, to the extent that 
                        alternative sources are not readily or 
                        reasonably available;
                    (E) to information and technology essential to 
                United States products or production; or
                    (F) to food, medicine, medical devices, or 
                agricultural commodities (as those terms are defined in 
                section 101 of the Comprehensive Iran Sanctions, 
                Accountability, and Divestment Act of 2010 (22 U.S.C. 
                8511)).
    (e) National Security Waiver.--
            (1) In general.--The President may waive the application of 
        sanctions under subsection (a) or (b) with respect to a foreign 
        person if the President--
                    (A) determines that the waiver is in the national 
                security interest of the United States; and
                    (B) submits to the appropriate congressional 
                committees a report on the determination and the 
                reasons for the determination.
            (2) Form of report.--The report required by paragraph 
        (1)(B) shall be submitted in unclassified form, but may include 
        a classified annex.
    (f) Transaction-specific National Security Waiver.--
            (1) In general.--The President may waive the application of 
        sanctions under subsection (a) or (b) with respect to a 
        specific transaction if the President--
                    (A) determines that the transaction is in the 
                national security interest of the United States; and
                    (B) submits to the appropriate congressional 
                committees a detailed report on the determination and 
                the specific reasons for the determination that a 
                waiver with respect to the transaction is necessary and 
                appropriate.
            (2) Form of report.--The report required by paragraph 
        (1)(B) shall be submitted in unclassified form, but may include 
        a classified annex.
    (g) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out the purposes of this section.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that violates, attempts to violate, or conspires to violate, or 
        causes a violation of, subsection (a) or (b) of this section, 
        or an order or regulation prescribed under either such 
        subsection, to the same extent that such penalties apply to a 
        person that commits an unlawful act described in section 206(a) 
        of the International Emergency Economic Powers Act.
    (h) Termination.--
            (1) In general.--Except as provided in paragraph (2), this 
        section, and sanctions imposed under this section, shall 
        terminate on the date on which the President submits to the 
        appropriate congressional committees a certification that the 
        Government of the Russian Federation has ceased ordering, 
        controlling, or otherwise directing, supporting, or financing, 
        significant acts intended to undermine the peace, security, 
        stability, sovereignty, or territorial integrity of Ukraine, 
        including through an agreement between the appropriate parties.
            (2) Applicability with respect to syria.--The termination 
        date under paragraph (1) shall not apply with respect to the 
        provisions of subsection (a) relating to the transfer of 
        defense articles into Syria or sanctions imposed pursuant to 
        such provisions.

SEC. 5. SANCTIONS ON RUSSIAN AND OTHER FOREIGN FINANCIAL INSTITUTIONS.

    (a) Facilitation of Certain Defense- and Energy-related 
Transactions.--The President may impose the sanction described in 
subsection (c) with respect to a foreign financial institution that the 
President determines knowingly engages, on or after the date of the 
enactment of this Act, in significant transactions involving activities 
described in subparagraph (A)(ii) or (B) of section 4(a)(2) or 
paragraph (1) or (3) of section 4(b) for persons with respect to which 
sanctions are imposed under section 4.
    (b) Facilitation of Financial Transactions on Behalf of Specially 
Designated Nationals.--The President may impose the sanction described 
in subsection (c) with respect to a foreign financial institution if 
the President determines that the foreign financial institution has, on 
or after the date that is 180 days after the date of the enactment of 
this Act, knowingly facilitated a significant financial transaction on 
behalf of any Russian person included on the list of specially 
designated nationals and blocked persons maintained by the Office of 
Foreign Assets Control of the Department of the Treasury, pursuant to--
            (1) this Act;
            (2) Executive Order 13660 (79 Fed. Reg. 13,493), 13661 (79 
        Fed. Reg. 15,535), or 13662 (79 Fed. Reg. 16,169); or
            (3) any other executive order addressing the crisis in 
        Ukraine.
    (c) Sanction Described.--The sanction described in this subsection 
is, with respect to a foreign financial institution, a prohibition on 
the opening, and a prohibition or the imposition of strict conditions 
on the maintaining, in the United States of a correspondent account or 
a payable-through account by the foreign financial institution.
    (d) National Security Waiver.--The President may waive the 
application of sanctions under this section with respect to a foreign 
financial institution if the President--
            (1) determines that the waiver is in the national security 
        interest of the United States; and
            (2) submits to the appropriate congressional committees a 
        report on the determination and the reasons for the 
        determination.
    (e) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out the purposes of this section.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that violates, attempts to violate, or conspires to violate, or 
        causes a violation of, subsection (a) or (b) of this section, 
        or an order or regulation prescribed under either such 
        subsection, to the same extent that such penalties apply to a 
        person that commits an unlawful act described in section 206(a) 
        of the International Emergency Economic Powers Act.
    (f) Termination.--This section, and sanctions imposed under this 
section, shall terminate on the date on which the President submits to 
the appropriate congressional committees the certification described in 
section 4(h).

SEC. 6. INCREASED MILITARY ASSISTANCE FOR THE GOVERNMENT OF UKRAINE.

    (a) In General.--The President is authorized to provide defense 
articles, defense services, and training to the Government of Ukraine 
for the purpose of countering offensive weapons and reestablishing the 
sovereignty and territorial integrity of Ukraine, including anti-tank 
and anti-armor weapons, crew weapons and ammunition, counter-artillery 
radars to identify and target artillery batteries, fire control, range 
finder, and optical and guidance and control equipment, tactical troop-
operated surveillance drones, and secure command and communications 
equipment, pursuant to the provisions of the Arms Export Control Act 
(22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq.), and other relevant provisions of law.
    (b) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the President shall submit a report detailing 
the anticipated defense articles, defense services, and training to be 
provided pursuant to this section and a timeline for the provision of 
such defense articles, defense services, and training, to--
            (1) the Committee on Foreign Relations, the Committee on 
        Appropriations, and the Committee on Armed Services of the 
        Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Appropriations, and the Committee on Armed Services of the 
        House of Representatives.
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of State $100,000,000 for fiscal year 2015, 
        $125,000,000 for fiscal year 2016, and $125,000,000 for fiscal 
        year 2017 to carry out activities under this section.
            (2) Availability of amounts.--Amounts authorized to be 
        appropriated pursuant to paragraph (1) shall remain available 
        for obligation and expenditure through the end of fiscal year 
        2018.
    (d) Authority for the Use of Funds.--The funds made available 
pursuant to subsection (c) for provision of defense articles, defense 
services, and training may be used to procure such articles, services, 
and training from the United States Government or other appropriate 
sources.
    (e) Protection of Civilians.--It is the sense of Congress that the 
Government of Ukraine should take all appropriate steps to protect 
civilians.

SEC. 7. EXPANDED NONMILITARY ASSISTANCE FOR UKRAINE.

    (a) Assistance to Internally Displaced People in Ukraine.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        a plan, including actions by the United States Government, 
        other governments, and international organizations, to meet the 
        need for protection of and assistance for internally displaced 
        persons in Ukraine, to--
                    (A) the Committee on Foreign Relations, the 
                Committee on Appropriations, and the Committee on 
                Energy and Natural Resources of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Appropriations, and the Committee on Energy and 
                Commerce of the House of Representatives.
            (2) Elements.--The plan required by paragraph (1) should 
        include, as appropriate, activities in support of--
                    (A) helping to establish a functional and 
                adequately resourced central registration system in 
                Ukraine that can ensure coordination of efforts to 
                provide assistance to internally displaced persons in 
                different regions;
                    (B) encouraging adoption of legislation in Ukraine 
                that protects internally displaced persons from 
                discrimination based on their status and provides 
                simplified procedures for obtaining the new residency 
                registration or other official documentation that is a 
                prerequisite to receiving appropriate social payments 
                under the laws of Ukraine, such as pensions and 
                disability, child, and unemployment benefits; and
                    (C) helping to ensure that information is available 
                to internally displaced persons about--
                            (i) government agencies and independent 
                        groups that can provide assistance to such 
                        persons in various regions; and
                            (ii) evacuation assistance available to 
                        persons seeking to flee armed conflict areas.
            (3) Assistance through international organizations.--The 
        President shall instruct the United States permanent 
        representative or executive director, as the case may be, to 
        the relevant United Nations voluntary agencies, including the 
        United Nations High Commissioner for Refugees and the United 
        Nations Office for the Coordination of Humanitarian Affairs, 
        and other appropriate international organizations, to use the 
        voice and vote of the United States to support appropriate 
        assistance for internally displaced persons in Ukraine.
    (b) Assistance to the Defense Sector of Ukraine.--The Secretary of 
State and the Secretary of Defense should assist entities in the 
defense sector of Ukraine to reorient exports away from customers in 
the Russian Federation and to find appropriate alternative markets for 
those entities in the defense sector of Ukraine that have already 
significantly reduced exports to and cooperation with entities in the 
defense sector of the Russian Federation.
    (c) Assistance To Address the Energy Crisis in Ukraine.--
            (1) Emergency energy assistance.--
                    (A) Plan required.--The Secretary of State and the 
                Secretary of Energy, in collaboration with the 
                Administrator of the United States Agency for 
                International Development and the Administrator of the 
                Federal Emergency Management Agency, shall work with 
                officials of the Government of Ukraine to develop a 
                short-term emergency energy assistance plan designed to 
                help Ukraine address the potentially severe short-term 
                heating fuel and electricity shortages facing Ukraine 
                in 2014 and 2015.
                    (B) Elements.--The plan required by subparagraph 
                (A) should include strategies to address heating fuel 
                and electricity shortages in Ukraine, including, as 
                appropriate--
                            (i) the acquisition of short-term, 
                        emergency fuel supplies;
                            (ii) the repair or replacement of 
                        infrastructure that could impede the 
                        transmission of electricity or transportation 
                        of fuel;
                            (iii) the prioritization of the 
                        transportation of fuel supplies to the areas 
                        where such supplies are needed most;
                            (iv) streamlining emergency communications 
                        throughout national, regional, and local 
                        governments to manage the potential energy 
                        crisis resulting from heating fuel and 
                        electricity shortages;
                            (v) forming a crisis management team within 
                        the Government of Ukraine to specifically 
                        address the potential crisis, including 
                        ensuring coordination of the team's efforts 
                        with the efforts of outside governmental and 
                        nongovernmental entities providing assistance 
                        to address the potential crisis; and
                            (vi) developing a public outreach strategy 
                        to facilitate preparation by the population and 
                        communication with the population in the event 
                        of a crisis.
                    (C) Assistance.--The Secretary of State, the 
                Secretary of Energy, and the Administrator of the 
                United States Agency for International Development are 
                authorized to provide assistance in support of, and to 
                invest in short-term solutions for, enabling Ukraine to 
                secure the energy safety of the people of Ukraine 
                during 2014 and 2015, including through--
                            (i) procurement and transport of emergency 
                        fuel supplies, including reverse pipeline flows 
                        from Europe;
                            (ii) provision of technical assistance for 
                        crisis planning, crisis response, and public 
                        outreach;
                            (iii) repair of infrastructure to enable 
                        the transport of fuel supplies;
                            (iv) repair of power generating or power 
                        transmission equipment or facilities;
                            (v) procurement and installation of 
                        compressors or other appropriate equipment to 
                        enhance short-term natural gas production;
                            (vi) procurement of mobile electricity 
                        generation units;
                            (vii) conversion of natural gas heating 
                        facilities to run on other fuels, including 
                        alternative energy sources; and
                            (viii) provision of emergency 
                        weatherization and winterization materials and 
                        supplies.
            (2) Reduction of ukraine's reliance on energy imports.--
                    (A) Plans required.--The Secretary of State, in 
                collaboration with the Secretary of Energy and the 
                Administrator of the United States Agency for 
                International Development, shall work with officials of 
                the Government of Ukraine to develop medium- and long-
                term plans to increase energy production and efficiency 
                to increase energy security by helping Ukraine reduce 
                its dependence on natural gas imported from the Russian 
                Federation.
                    (B) Elements.--The medium- and long-term plans 
                required by subparagraph (A) should include strategies, 
                as appropriate, to--
                            (i) improve corporate governance and 
                        unbundling of state-owned oil and gas sector 
                        firms;
                            (ii) increase production from natural gas 
                        fields and from other sources, including 
                        renewable energy;
                            (iii) license new oil and gas blocks 
                        transparently and competitively;
                            (iv) modernize oil and gas upstream 
                        infrastructure; and
                            (v) improve energy efficiency.
                    (C) Prioritization.--The Secretary of State, the 
                Administrator of the United States Agency for 
                International Development, and the Secretary of Energy 
                should, during fiscal years 2015 through 2018, work 
                with other donors, including multilateral agencies and 
                nongovernmental organizations, to prioritize, to the 
                extent practicable and as appropriate, the provision of 
                assistance from such donors to help Ukraine to improve 
                energy efficiency, increase energy supplies produced in 
                Ukraine, and reduce reliance on energy imports from the 
                Russian Federation, including natural gas.
                    (D) Authorization of appropriations.--There are 
                authorized to be appropriated $50,000,000 in the 
                aggregate for fiscal years 2016 through 2018 to carry 
                out activities under this paragraph.
            (3) Support from the overseas private investment 
        corporation.--The Overseas Private Investment Corporation 
        shall--
                    (A) prioritize, to the extent practicable, support 
                for investments to help increase energy efficiency, 
                develop domestic oil and natural gas reserves, improve 
                and repair electricity infrastructure, and develop 
                renewable and other sources of energy in Ukraine; and
                    (B) implement procedures for expedited review and, 
                as appropriate, approval, of applications by eligible 
                investors (as defined in section 238 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2198)) for loans, 
                loan guarantees, and insurance for such investments.
            (4) Support by the world bank group and the european bank 
        for reconstruction and development.--The President shall, to 
        the extent practicable and as appropriate, direct the United 
        States Executive Directors of the World Bank Group and the 
        European Bank for Reconstruction and Development to use the 
        voice, vote, and influence of the United States to encourage 
        the World Bank Group and the European Bank for Reconstruction 
        and Development and other international financial 
        institutions--
                    (A) to invest in, and increase their efforts to 
                promote investment in, projects to improve energy 
                efficiency, improve and repair electricity 
                infrastructure, develop domestic oil and natural gas 
                reserves, and develop renewable and other sources of 
                energy in Ukraine; and
                    (B) to stimulate private investment in such 
                projects.
    (d) Assistance to Civil Society in Ukraine.--
            (1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for International 
        Development shall, directly or through nongovernmental or 
        international organizations, such as the Organization for 
        Security and Co-operation in Europe, the National Endowment for 
        Democracy, and related organizations--
                    (A) strengthen the organizational and operational 
                capacity of democratic civil society in Ukraine;
                    (B) support the efforts of independent media 
                outlets to broadcast, distribute, and share information 
                in all regions of Ukraine;
                    (C) counter corruption and improve transparency and 
                accountability of institutions that are part of the 
                Government of Ukraine; and
                    (D) provide support for democratic organizing and 
                election monitoring in Ukraine.
            (2) Strategy required.--Not later than 60 days after the 
        date of the enactment of this Act, the President shall submit a 
        strategy to carry out the activities described in paragraph (1) 
        to--
                    (A) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of State $20,000,000 for 
        fiscal year 2016 to carry out this subsection.
            (4) Transparency requirements.--Any assistance provided 
        pursuant to this subsection shall be conducted in as 
        transparent of a manner as possible, consistent with the nature 
        and goals of this subsection. The President shall provide a 
        briefing on the activities funded by this subsection at the 
        request of the committees specified in paragraph (2).

SEC. 8. EXPANDED BROADCASTING IN COUNTRIES OF THE FORMER SOVIET UNION.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Chairman of the Broadcasting Board of 
Governors shall submit to Congress a plan, including a cost estimate, 
for immediately and substantially increasing, and maintaining through 
fiscal year 2017, the quantity of Russian-language broadcasting into 
the countries of the former Soviet Union funded by the United States in 
order to counter Russian Federation propaganda.
    (b) Prioritization of Broadcasting Into Ukraine, Georgia, and 
Moldova.--The plan required by subsection (a) shall prioritize 
broadcasting into Ukraine, Georgia, and Moldova by the Voice of America 
and Radio Free Europe/Radio Liberty.
    (c) Additional Priorities.--In developing the plan required by 
subsection (a), the Chairman shall consider--
            (1) near-term increases in Russian-language broadcasting 
        for countries of the former Soviet Union (other than the 
        countries specified in subsection (b)), including Latvia, 
        Lithuania, and Estonia; and
            (2) increases in broadcasting in other critical languages, 
        including Ukrainian and Romanian languages.
    (d) Broadcasting Defined.--In this section, the term 
``broadcasting'' means the distribution of media content via radio 
broadcasting, television broadcasting, and Internet-based platforms, 
among other platforms.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Broadcasting Board of Governors $10,000,000 for each of 
        fiscal years 2016 through 2018 to carry out activities under 
        this section.
            (2) Supplement not supplant.--Amounts authorized to be 
        appropriated pursuant to paragraph (1) shall supplement and not 
        supplant other amounts made available for activities described 
        in this section.

SEC. 9. SUPPORT FOR RUSSIAN DEMOCRACY AND CIVIL SOCIETY ORGANIZATIONS.

    (a) In General.--The Secretary of State shall, directly or through 
nongovernmental or international organizations, such as the 
Organization for Security and Co-operation in Europe, the National 
Endowment for Democracy, and related organizations--
            (1) improve democratic governance, transparency, 
        accountability, rule of law, and anti-corruption efforts in the 
        Russian Federation;
            (2) strengthen democratic institutions and political and 
        civil society organizations in the Russian Federation;
            (3) expand uncensored Internet access in the Russian 
        Federation; and
            (4) expand free and unfettered access to independent media 
        of all kinds in the Russian Federation, including through 
        increasing United States Government-supported broadcasting 
        activities, and assist with the protection of journalists and 
        civil society activists who have been targeted for free speech 
        activities.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of State $20,000,000 for each of fiscal 
years 2016 through 2018 to carry out the activities set forth in 
subsection (a).
    (c) Strategy Requirement.--Not later than 60 days after the date of 
the enactment of this Act, the President shall submit a strategy to 
carry out the activities set forth in subsection (a) to--
            (1) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives.
    (d) Transparency Requirements.--Any assistance provided pursuant to 
this section shall be conducted in as transparent of a manner as 
possible, consistent with the nature and goals of this section. The 
President shall provide a briefing on the activities funded by this 
section at the request of the committees specified in subsection (c).

SEC. 10. REPORT ON NON-COMPLIANCE BY THE RUSSIAN FEDERATION OF ITS 
              OBLIGATIONS UNDER THE INF TREATY.

    (a) Findings.--Congress makes the following findings:
            (1) The Russian Federation is in violation of its 
        obligations under the Treaty between the United States of 
        America and the Union of Soviet Socialist Republics on the 
        Elimination of Their Intermediate-Range and Shorter-Range 
        Missiles, signed at Washington December 8, 1987, and entered 
        into force June 1, 1988 (commonly referred to as the 
        ``Intermediate-Range Nuclear Forces Treaty'' or ``INF 
        Treaty'').
            (2) This behavior poses a threat to the United States, its 
        deployed forces, and its allies.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the President should hold the Russian Federation 
        accountable for being in violation of its obligations under the 
        INF Treaty; and
            (2) the President should demand the Russian Federation 
        completely and verifiably eliminate the military systems that 
        constitute the violation of its obligations under the INF 
        Treaty.
    (c) Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and every 90 days thereafter, the 
        President shall submit to the committees specified in 
        subsection (d) a report that includes the following elements:
                    (A) A description of the status of the President's 
                efforts, in cooperation with United States allies, to 
                hold the Russian Federation accountable for being in 
                violation of its obligations under the INF Treaty and 
                obtain the complete and verifiable elimination of its 
                military systems that constitute the violation of its 
                obligations under the INF Treaty.
                    (B) The President's assessment as to whether it 
                remains in the national security interests of the 
                United States to remain a party to the INF Treaty, and 
                other related treaties and agreements, while the 
                Russian Federation is in violation of its obligations 
                under the INF Treaty.
                    (C) Notification of any deployment by the Russian 
                Federation of a ground launched ballistic or cruise 
                missile system with a range of between 500 and 5,500 
                kilometers.
                    (D) A plan developed by the Secretary of State, in 
                consultation with the Director of National Intelligence 
                and the Defense Threat Reduction Agency (DTRA), to 
                verify that the Russian Federation has fully and 
                completely dismantled any ground launched cruise 
                missiles or ballistic missiles with a range of between 
                500 and 5,500 kilometers, including details on 
                facilities that inspectors need access to, people 
                inspectors need to talk with, how often inspectors need 
                the accesses for, and how much the verification regime 
                would cost.
            (2) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form but may contain a classified 
        annex.
    (d) 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. 11. RULE OF CONSTRUCTION.

    Nothing in this Act or an amendment made by this Act shall be 
construed as an authorization for the use of military force.

            Passed the Senate December 11, 2014.

            Attest:

                                                             Secretary.
113th CONGRESS

  2d Session

                                S. 2828

_______________________________________________________________________

                                 AN ACT

To impose sanctions with respect to the Russian Federation, to provide 
       additional assistance to Ukraine, and for other purposes.