[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 830 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 830
To contain, reverse, and deter Russian aggression in Ukraine, to assist
Ukraine's democratic transition, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2017
Mr. Engel (for himself, Mr. Kinzinger, Mr. Bilirakis, Mr. Brendan F.
Boyle of Pennsylvania, Mr. Burgess, Mr. Cicilline, Mr. Cohen, Mr.
Connolly, Mr. Costa, Mr. Delaney, Ms. DelBene, Mr. Fitzpatrick, Mr.
Harris, Ms. Kaptur, Mr. Keating, Ms. Kelly of Illinois, Mr. Levin, Mr.
Lipinski, Mr. Meehan, Mr. Pascrell, Mr. Rush, Mr. Shimkus, Mr. Smith of
New Jersey, Mrs. Wagner, and Mr. Weber of Texas) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committees on Financial Services, the Judiciary,
and Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To contain, reverse, and deter Russian aggression in Ukraine, to assist
Ukraine's democratic transition, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Stability and
Democracy for Ukraine Act'' or the ``STAND for Ukraine Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Statements of policy.
TITLE I--CRIMEA ANNEXATION NON-RECOGNITION
Sec. 101. United States policy against recognition of territorial
changes effected by force alone.
Sec. 102. Prohibitions against United States recognition of the Russian
Federation's annexation of Crimea.
Sec. 103. Determinations and codification of sanctions under Executive
Order No. 13685.
TITLE II--SANCTIONS PROVISIONS
Sec. 201. Prohibiting certain transactions with foreign sanctions
evaders and serious human rights abusers
with respect to the Russian Federation.
Sec. 202. Report on certain foreign financial institutions.
Sec. 203. Requirements relating to transfers of defense articles and
defense services to the Russian Federation.
TITLE III--OTHER MATTERS
Sec. 301. Strategy to respond to Russian Federation-supported
information and propaganda efforts directed
toward Russian-speaking communities in
countries bordering the Russian Federation.
Sec. 302. Cost limitation.
Sec. 303. Sunset.
SEC. 2. STATEMENTS OF POLICY.
(a) In General.--It is the policy of the United States to further
assist the Government of Ukraine in restoring its sovereignty and
territorial integrity to contain, reverse, and deter Russian aggression
in Ukraine. 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
sanctions, diplomacy, and assistance, including lethal defensive
weapons systems, for the people of Ukraine intended to enhance their
ability to consolidate a rule of law-based democracy with a free market
economy and to exercise their right under international law to self-
defense.
(b) Additional Statement of Policy.--It is further the policy of
the United States--
(1) to use its voice, vote, and influence in international
fora to encourage others to provide assistance that is similar
to assistance described in subsection (a) to Ukraine; and
(2) to ensure that any relevant sanctions relief for the
Russian Federation is contingent on timely, complete, and
verifiable implementation of the Minsk Agreements, especially
the restoration of Ukraine's control of the entirety of its
eastern border with the Russian Federation in the conflict
zone.
TITLE I--CRIMEA ANNEXATION NON-RECOGNITION
SEC. 101. UNITED STATES POLICY AGAINST RECOGNITION OF TERRITORIAL
CHANGES EFFECTED BY FORCE ALONE.
Between the years of 1940 and 1991, the United States did not
recognize the forcible incorporation and annexation of the three Baltic
States of Lithuania, Latvia, and Estonia into the Soviet Union under a
policy known as the ``Stimson Doctrine''.
SEC. 102. PROHIBITIONS AGAINST UNITED STATES RECOGNITION OF THE RUSSIAN
FEDERATION'S ANNEXATION OF CRIMEA.
(a) In General.--In accordance with United States policy enumerated
in section 101, no Federal department or agency should take any action
or extend any assistance that recognizes or implies any recognition of
the de jure or de facto sovereignty of the Russian Federation over
Crimea, its airspace, or its territorial waters.
(b) Documents Portraying Crimea as Part of Russian Federation.--In
accordance with United States policy enumerated in section 101, the
Government Publishing Office should not print any map, document,
record, or other paper of the United States portraying or otherwise
indicating Crimea as part of the territory of the Russian Federation.
SEC. 103. DETERMINATIONS AND CODIFICATION OF SANCTIONS UNDER EXECUTIVE
ORDER NO. 13685.
(a) Determinations.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the President shall submit to the
appropriate congressional committees a report that contains the
assessment described in paragraph (2).
(2) Assessment described.--The assessment described in this
paragraph is--
(A) a review of each person designated pursuant to
Executive Order No. 13660 (March 6, 2014; 79 Fed. Reg.
13493; relating to blocking property of certain persons
contributing to the situation in Ukraine) or Executive
Order No. 13661 (March 16, 2014; 79 Fed. Reg. 15535;
relating to blocking property of additional persons
contributing to the situation in Ukraine); and
(B) a determination as to whether any such person
meets the criteria for designation pursuant to
Executive Order No. 13685 (December 19, 2014; 79 Fed.
Reg. 77357; relating to blocking property of certain
persons and prohibiting certain transactions with
respect to the Crimea region of Ukraine).
(3) Form.--The assessment required by paragraph (2) shall
be submitted in unclassified form but may contain a classified
annex.
(b) Codification.--United States sanctions provided for in
Executive Order No. 13685, as in effect on the day before the date of
the enactment of this Act, shall remain in effect until the date on
which the President submits to the appropriate congressional committees
a certification described in subsection (c).
(c) Certification.--A certification described in this subsection is
a certification of the President that Ukraine's sovereignty over Crimea
has been restored.
(d) Rule of Construction.--Nothing in this section shall be
construed to restrict the authority of the President to impose
additional United States sanctions with specific respect to the Russian
Federation's occupation of Crimea pursuant to Executive Order No.
13685.
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of the
House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
TITLE II--SANCTIONS PROVISIONS
SEC. 201. PROHIBITING CERTAIN TRANSACTIONS WITH FOREIGN SANCTIONS
EVADERS AND SERIOUS HUMAN RIGHTS ABUSERS WITH RESPECT TO
THE RUSSIAN FEDERATION.
The Support for the Sovereignty, Integrity, Democracy, and Economic
Stability of Ukraine Act of 2014 (Public Law 113-95; 22 U.S.C. 8901 et
seq.) is amended by adding at the end the following new sections:
``SEC. 10. PROHIBITING CERTAIN TRANSACTIONS WITH FOREIGN SANCTIONS
EVADERS WITH RESPECT TO THE RUSSIAN FEDERATION.
``(a) In General.--The President is authorized to impose with
respect to a foreign person the sanctions described in subsection (b)
if the President determines that the foreign person knowingly--
``(1) has materially violated, attempted to violate,
conspired to violate, or caused a violation of any license,
order, regulation, or prohibition contained in, or issued
pursuant to any covered Executive order; or
``(2) has facilitated significant deceptive or structured
transactions for or on behalf of any person subject to United
States sanctions concerning the Russian Federation.
``(b) Sanctions Described.--
``(1) In general.--The sanctions described in this
subsection are 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.
``(2) Penalties.--A person that is subject to sanctions
described in paragraph (1) 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.
``(c) Waiver.--The President may waive the application of sanctions
under subsection (b) on a case-by-case for a period of not more than
120 days, and may renew that waiver for additional periods of not more
than 120 days with respect to a person if the President determines that
such a waiver is in the national interests of the United States and on
or before the date on which the waiver takes effect, submits to the
appropriate congressional committees a notice of and justification for
the waiver.
``(d) Implementation Authority.--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)
for purposes of carrying out this section.
``(e) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
``(f) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs, the
Committee on Financial Services, and the Committee on
Ways and Means of the House of Representatives; and
``(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
``(2) Covered executive order.--The term `covered Executive
order' means any of the following:
``(A) Executive Order No. 13660 (March 6, 2014; 79
Fed. Reg. 13493; relating to blocking property of
certain persons contributing to the situation in
Ukraine).
``(B) Executive Order No. 13661 (March 16, 2014; 79
Fed. Reg. 15535; relating to blocking property of
additional persons contributing to the situation in
Ukraine).
``(C) Executive Order No. 13685 (December 19, 2014;
79 Fed. Reg. 77357; relating to blocking property of
certain persons and prohibiting certain transactions
with respect to the Crimea region of Ukraine).
``(3) Foreign person.--The term `foreign person' has the
meaning given such term in section 595.304 of title 31, Code of
Federal Regulations, as in effect on the date of the enactment
of this Act.
``(4) Structured.--The term `structured', with respect to a
transaction, has the meaning given the term `structure' in
paragraph (xx) of section 1010.100 of title 31, Code of Federal
Regulations.
``(5) United states person.--The term `United States
person' has the meaning given such term in section 589.312 of
title 31, Code of Federal Regulations, as in effect on the date
of the enactment of this Act.
``SEC. 11. PROHIBITING CERTAIN TRANSACTIONS IN AREAS CONTROLLED BY THE
RUSSIAN FEDERATION.
``(a) In General.--The President is authorized to impose with
respect to a foreign person the sanctions described in subsection (b)
if the President determines that the foreign person, based on credible
information--
``(1) is responsible for, complicit in, or responsible for
ordering, controlling, or otherwise directing, the commission
of serious human rights abuses in any territory forcibly
occupied or otherwise controlled by the Government of the
Russian Federation;
``(2) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services to, a foreign person that is responsible for,
complicit in, or responsible for ordering, controlling, or
otherwise directing, the commission of serious human rights
abuses in any territory forcibly occupied or otherwise
controlled by the Government of the Russian Federation; or
``(3) is owned or controlled by a foreign person, or has
acted or purported to act for or on behalf of, directly or
indirectly, a foreign person, that is responsible for,
complicit in, or responsible for ordering, controlling, or
otherwise directing, the commission of serious human rights
abuses in any territory forcibly occupied or otherwise
controlled by the Government of the Russian Federation.
``(b) Sanctions Described.--
``(1) In general.--The sanctions described in this
subsection are the exercise of all powers granted to the
President by the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), without regard to section 202 of such
Act, 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.
``(2) Penalties.--A person that is subject to sanctions
described in paragraph (1) 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.
``(c) Waiver.--The President may waive the application of sanctions
under subsection (b) on a case-by-case for a period of not more than
120 days, and may renew that waiver for additional periods of not more
than 120 days with respect to a person if the President determines that
such a waiver is in the national interests of the United States and on
or before the date on which the waiver takes effect, submits to the
appropriate congressional committees a notice of and justification for
the waiver.
``(d) Implementation Authority.--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)
for purposes of carrying out this section.
``(e) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
``(f) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs, the
Committee on Financial Services, and the Committee on
Ways and Means of the House of Representatives; and
``(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
``(2) Foreign person.--The term `foreign person' has the
meaning given such term in section 595.304 of title 31, Code of
Federal Regulations, as in effect on the date of enactment of
this section.
``(3) United states person.--The term `United States
person' has the meaning given such term in section 589.312 of
title 31, Code of Federal Regulations, as in effect on the date
of enactment of this section.''.
SEC. 202. REPORT ON CERTAIN FOREIGN FINANCIAL INSTITUTIONS.
The Support for the Sovereignty, Integrity, Democracy, and Economic
Stability of Ukraine Act of 2014 (Public Law 113-95; 22 U.S.C. 8901 et
seq.) is amended by inserting after section 11 (as added by section 201
of this Act) the following new section:
``SEC. 12. REPORT ON CERTAIN FOREIGN FINANCIAL INSTITUTIONS.
``(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Secretary of State and the Secretary of
the Treasury shall jointly submit to the appropriate congressional
committees a report on--
``(1) foreign financial institutions that are in direct
control of assets owned or controlled by the Government of
Ukraine in a manner determined by the Secretary of State and
the Secretary of the Treasury to be in violation of the
sovereignty, independence, or territorial integrity of Ukraine;
``(2) foreign financial institutions that are directly or
indirectly assisting or otherwise aiding the violation of
sovereignty, independence, and territorial integrity of
Ukraine; and
``(3) foreign financial institutions determined by the
Secretary of State and the Secretary of the Treasury to be
complicit in illicit financial activity, including money
laundering, financing of terrorism, transnational organized
crime, or misappropriation of state assets, that are--
``(A) organized under the laws of the Russian
Federation; or
``(B) owned or controlled by a foreign person whose
property or interests in property have been blocked
pursuant to any covered Executive order.
``(b) Form.--The report required to be submitted under this
subsection shall be submitted in unclassified form but may include a
classified annex.
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs, the
Committee on Financial Services, the Committee on Ways
and Means, and the Committee on the Judiciary of the
House of Representatives; and
``(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on the Judiciary of the Senate.
``(2) Covered executive order.--The term `covered Executive
order' has the meaning given the term in section 10(f) of this
Act.''.
SEC. 203. REQUIREMENTS RELATING TO TRANSFERS OF DEFENSE ARTICLES AND
DEFENSE SERVICES TO THE RUSSIAN FEDERATION.
(a) Statement of Policy.--It is the policy of the United States to
oppose the transfer of defense articles and defense services from any
country that is a member of the North Atlantic Treaty Organization
(NATO) to, or on behalf of, the Russian Federation, during any period
in which the Russian Federation forcibly occupies the territory of
Ukraine or of a NATO member country.
(b) Adoption of NATO Policy.--The President shall use the voice,
vote, and influence of the United States in NATO to seek the adoption
of a policy by NATO that is consistent with the policy of the United
States specified in subsection (a).
(c) Monitoring and Identification of Transfers.--
(1) In general.--The President shall direct the heads of
the appropriate departments and agencies of the United States
to identify those transfers of defense articles and defense
services described in subsection (a) that are contrary to the
policy of the United States specified in subsection (a).
(2) Report.--
(A) In general.--The President shall submit a
written report to the chairmen and ranking members of
the appropriate committees of Congress within 5 days of
the receipt of information indicating that a transfer
described in paragraph (1) has occurred.
(B) Form.--The report required under subparagraph
(A) shall be submitted in unclassified form but may
include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate.
(2) Defense articles and defense services.--The terms
``defense article'' and ``defense service'' have the meanings
given such terms in section 47 of the Arms Export Control Act
(22 U.S.C. 2794 note).
TITLE III--OTHER MATTERS
SEC. 301. STRATEGY TO RESPOND TO RUSSIAN FEDERATION-SUPPORTED
INFORMATION AND PROPAGANDA EFFORTS DIRECTED TOWARD
RUSSIAN-SPEAKING COMMUNITIES IN COUNTRIES BORDERING THE
RUSSIAN FEDERATION.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State shall develop and
implement a strategy to respond to Russian Federation-supported
disinformation and propaganda efforts directed toward persons in
countries bordering the Russian Federation.
(b) Matters To Be Included.--The strategy required under subsection
(a) should include the following:
(1) Development of a response to propaganda and
disinformation campaigns as an element of the ongoing crisis in
Ukraine, specifically--
(A) assistance in building the capacity of the
Ukrainian military to document conflict zones and
disseminate information in real-time;
(B) assistance in enhancing broadcast capacity with
terrestrial television transmitters in Eastern Ukraine;
and
(C) media training for officials of the Government
of Ukraine.
(2) Establishment of a partnership with partner governments
and private-sector entities to provide Russian-language
entertainment and news content to broadcasters in Russian-
speaking communities bordering the Russian Federation.
(3) Assessment of the extent of Russian Federation
influence in political parties, financial institutions, media
organizations, and other entities seeking to exert political
influence and sway public opinion in favor of Russian
Federation policy across Europe.
(c) Report.--The Secretary of State shall submit to the appropriate
congressional committees a report on the strategy required under
subsection (a) and its implementation.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 302. COST LIMITATION.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.
SEC. 303. SUNSET.
This Act and the amendments made by this Act shall cease to be
effective beginning on the date that is 5 years after the date of the
enactment of this Act.
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