[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2537 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2537
To ensure that recent actions involving Ukraine are not withheld from
Congress and the people of the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 2019
Mr. Menendez introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To ensure that recent actions involving Ukraine are not withheld from
Congress and the people of the United States, 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.
This Act may be cited as the ``Ukraine Foreign Assistance Integrity
and Accountability Act of 2019''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since 2014, the United States Senate and the United
States House of Representatives, with broad bipartisan support,
have provided millions of dollars in security and development
assistance to Ukraine as it defends against Kremlin aggression
in Crimea and eastern Ukraine.
(2) Security assistance for Ukraine has enhanced the army,
national guard, and navy of Ukraine and helped the country
defend against Russian aggression.
(3) Since 2014, the United States has imposed a series of
sanctions on the Russian Federation in response to its illegal
occupation of Crimea and continued military operations in
eastern Ukraine.
(4) Security and development assistance programing have
been designed, implemented, and supported by personnel at the
Department of State, the Department of Defense, and the United
States Agency for International Development.
(5) Before submitting notifications to obligate funds to
Congress, the Department of State has traditionally shared
obligation notifications with the Office of Management and
Budget, to be reviewed for approximately 5 days.
(6) On June 21, 2019, the Department of State sent a
notification to the Office of Management and Budget to obligate
security assistance funding for Ukraine.
(7) On September 22, 2019, President Donald Trump
acknowledged that he raised a 2020 United States presidential
candidate in a call with Ukrainian President Volodymyr
Zelensky.
(8) On September 11, 2019, the Department of State sent a
notification to the Committee on Foreign Relations of the
Senate to obligate security assistance funding for Ukraine.
SEC. 3. INVESTIGATION INTO WITHHOLDING OF UKRAINE FOREIGN ASSISTANCE.
(a) Sense of the Senate.--It is the sense of the Senate that
security assistance provided to the country of Ukraine is in the vital
national security interests of the United States and is a critical
component of United States efforts to counter aggression and malign
influence on the part of the Government of the Russian Federation.
(b) Inspector General Investigation.--
(1) In general.--The Inspector General of the Department of
State shall immediately investigate and, not later than October
25, 2019, provide to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report on inappropriate interference into
foreign assistance designated for Ukraine.
(2) Elements.--The investigation and report under this
subsection shall include the following elements:
(A) An examination of when and how the Department
of State first learned $141,500,000 in foreign military
assistance for Ukraine would be delayed, and the extent
of the involvement of the Secretary of State and other
political appointees of the President in deciding to
suspend that assistance and implement that decision.
(B) An assessment of the reasons the Office of
Management and Budget provided for blocking the
obligation of the foreign assistance funds in question
to Ukraine.
(C) A detailed explanation of why funds were
ultimately delayed, and who made that decision.
(D) An assessment of whether the Department of
State communicated, internally or externally, including
with United States or Ukrainian officials, about
efforts or requests to investigate any presidential
candidates for the 2020 United States presidential
election.
SEC. 4. PRODUCTION OF ALL RECORDS RELATED TO INAPPROPRIATE INTERFERENCE
IN THE PROVISION OF FOREIGN ASSISTANCE TO UKRAINE.
(a) In General.--The Department of State shall immediately search
for, collect, and produce to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives the following records:
(1) All records in the Department of State's custody or
control related to foreign military assistance for Ukraine
received, originating from, or created since September 1, 2018.
(2) All records in the Department of State's custody or
control related to efforts or requests to investigate any
presidential candidates for the 2020 United States presidential
election.
(3) All records since September 1, 2018, regarding
assistance to Ukraine, pertaining to the President's personal
lawyer, or efforts or requests to investigate any presidential
candidates for the 2020 United States presidential election,
between--
(A) the Department of State and the White House;
(B) the Department of State and the National
Security Council; and
(C) the Department of State and the Office of
Management and Budget.
(4) All records in the Department of State's custody or
control related to the President's personal attorney,
including--
(A) communications between the Department and the
President's personal attorney;
(B) records relating to any efforts by the
Department of State to support or facilitate any
activities or meetings for the President's personal
attorney, whether in the United States, Ukraine, or
elsewhere; and
(C) records relating to meetings between the
President's personal attorney and officials of the
Government of Ukraine.
(5) A list of Department of State officials who were
briefed by the President's personal attorney about his
communications with any officials of the Government of Ukraine.
(6) All records in the Department of State's custody or
control related to the President's call on July 25, 2019, with
the President of Ukraine, Volodymyr Zelensky.
(b) Record Defined.--In this section, the term ``record'' means any
written, typed, recorded, graphic, printed, or audio material of any
kind, including--
(1) documents, memoranda, cables, letters, facsimiles,
calendar items, or spreadsheets;
(2) transcripts, notes, or minutes of any meetings,
telephone conversations, or discussions; and
(3) electronic communications and attachments thereto,
including emails, text messages, instant messages, direct
messages (such as messages over iMessage, WhatsApp, Signal,
Viper, Facebook, or Twitter) regardless of whether maintained,
sent, or received on a government or non-government (i.e.
personal) account.
SEC. 5. IMMEDIATE OBLIGATION OF FUNDS APPROPRIATED FOR UKRAINE SECURITY
ASSISTANCE.
(a) In General.--The President shall immediately obligate all funds
appropriated--
(1) for the Ukraine Security Assistance Initiative for
fiscal year 2019 under section 9013 of the Department of
Defense Appropriations Act, 2019 (division A of Public Law 115-
245); and
(2) for Foreign Military Financing Overseas Contingency
Operations for fiscal year 2018 and for the Foreign Military
Financing Program for fiscal year 2019 and subject to
Department of State congressional notification 19-286,
submitted on September 11, 2019.
(b) Purposes and Authorities.--Amounts made available pursuant to
subsection (a) shall be available for the same purposes and under the
same authorities for which such amounts were originally provided.
SEC. 6. COUNTERING RUSSIAN INFLUENCE FUND.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Countering Russian Influence Fund described in
section 7070(d) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of Public Law
115-31; 131 Stat. 706), $250,000,000 for fiscal years 2020 and 2021.
(b) Use of Funds.--Amounts in the Countering Russian Influence Fund
shall be used in countries of Europe and Eurasia the Secretary of State
has determined are vulnerable to malign influence by the Russian
Federation to effectively implement, subject to the availability of
funds, the following goals:
(1) To assist in protecting critical infrastructure and
electoral mechanisms from cyberattacks.
(2) To combat corruption, improve the rule of law, and
otherwise strengthen independent judiciaries and prosecutors
general offices.
(3) To respond to the humanitarian crises and instability
caused or aggravated by the invasions and occupations of
Georgia, Moldova, and Ukraine by the Russian Federation.
(4) To improve participatory legislative processes and
legal education, political transparency and competition, and
compliance with international obligations.
(5) To build the capacity of civil society, media, and
other nongovernmental organizations countering the influence
and propaganda of the Russian Federation to combat corruption,
prioritize access to truthful information, and operate freely
in all regions.
(6) To assist the Secretary of State in executing the
functions specified in section 1239(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 113 note) for the purposes of recognizing,
understanding, exposing, and countering propaganda and
disinformation efforts by foreign governments, in coordination
with the relevant regional Assistant Secretary or Assistant
Secretaries of the Department of State.
(c) Revision of Activities for Which Amounts May Be Used.--The
Secretary of State may modify a goal described in subsection (b) if,
not later than 15 days before revising such goal, the Secretary
notifies the appropriate congressional committees of the revision.
(d) Implementation.--
(1) In general.--The Secretary of State shall, acting
through the Coordinator of United States Assistance to Europe
and Eurasia (authorized pursuant to section 601 of the Support
for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5461)
and section 102 of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 (22 U.S.C.
5812)), and in consultation with the Administrator for the
United States Agency for International Development, the
Director of the Global Engagement Center of the Department of
State, the Secretary of Defense, EUCOM, the Chief Executive
Officer of the United States Agency for Global Media, and the
heads of other relevant Federal agencies, coordinate and carry
out activities to achieve the goals described in subsection
(b).
(2) Method.--Activities to achieve the goals described in
subsection (b) shall be carried out through--
(A) initiatives of the United States Government;
(B) Federal grant programs such as the Information
Access Fund;
(C) nongovernmental or international organizations;
or
(D) support exchanges with countries facing state-
sponsored disinformation and pressure campaigns,
particularly in Europe and Eurasia, provided that a
portion of the funds are made available through a
process whereby the Bureau of Educational and Cultural
Affairs of the Department of State solicits proposals
from posts located in affected countries to counter
state-sponsored disinformation and hybrid threats,
promote democracy, and support exchanges with countries
facing state-sponsored disinformation and pressure
campaigns.
(3) Report on implementation.--
(A) In general.--Not later than April 1 of each
year, the Secretary of State, acting through the
Coordinator of United States Assistance to Europe and
Eurasia, shall submit to the appropriate congressional
committees a report on the programs and activities
carried out to achieve the goals described in
subsection (b) during the preceding fiscal year.
(B) Elements.--Each report required by subparagraph
(A) shall include, with respect to each program or
activity described in that subparagraph--
(i) the amount of funding for the program
or activity;
(ii) the goal described in subsection (b)
to which the program or activity relates; and
(iii) an assessment of whether or not the
goal was met.
(e) Coordination With Global Partners.--
(1) In general.--In order to maximize impact, eliminate
duplication, and speed the achievement of the goals described
in subsection (b), the Secretary of State shall ensure
coordination with--
(A) the European Union and its institutions;
(B) the governments of countries that are members
of the North Atlantic Treaty Organization or the
European Union; and
(C) international organizations and quasi-
governmental funding entities that carry out programs
and activities that seek to accomplish the goals
described in subsection (b).
(f) Rule of Construction.--Nothing in this section shall be
construed to apply to or limit United States foreign assistance not
provided using amounts available in the Countering Russian Influence
Fund.
(g) Expansion of Pilot Program.--
(1) In general.--The Secretary of State shall expand the
pilot program required under section 254(g) of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C. 9543(g))
to hire additional personnel within the Bureau for Democracy,
Human Rights, and Labor to develop and implement programs
focused on combating corruption, improving rule of law, and
building capacity of civil society, political parties, and
independent media.
(2) Report on ensuring adequate staffing for governance
activities.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives a report on implementation of the pilot program
required under section 254(g) of the Countering Russian
Influence in Europe and Eurasia Act of 2017 (22 U.S.C.
9543(g)).
(h) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of the
House of Representatives.
SEC. 7. COORDINATING AID AND ASSISTANCE ACROSS EUROPE AND EURASIA.
It is the sense of Congress that--
(1) the Government of the Russian Federation has applied,
and continues to apply traditional uses of force, intelligence
operations, cyberattacks, and influence campaigns, including
through the use of corruption, disinformation, and cultural and
social influence, which represent clear and present threats to
the countries of Europe and Eurasia;
(2) in response, governments in Europe and Eurasia should
redouble efforts to build resilience within their institutions,
political systems, and civil societies;
(3) the United States Government supports the democratic
and rule of law-based institutions that the Government of the
Russian Federation seeks to undermine, including the North
Atlantic Treaty Organization (NATO), the Organization for
Security and Cooperation in Europe, and the European Union;
(4) the United States Government should continue to work
with and strengthen such institutions, including the European
Union, as a partner against aggression by the Government of the
Russian Federation through the coordination of aid programs,
development assistance, and other efforts to counter malign
Russian influence;
(5) the United States Government should continue to work
with the individual countries of Europe and Eurasia to bolster
efforts to counter malign Russian influence in all its forms;
and
(6) the United States Government should increase assistance
and diplomatic efforts in Europe, including in European Union
and NATO countries, to address threats to fundamental human
rights and backsliding in rule of law protections, operating
space for independent media and civil society, and other
democratic institutions, whose strength is critical to
defending against malign Russian influence over the long term.
SEC. 8. OFFICE OF SANCTIONS COORDINATION OF THE DEPARTMENT OF STATE.
(a) In General.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Office of Sanctions Coordination.--
``(1) In general.--There is established, within the
Department of State, an Office of Sanctions Coordination
(referred to in this subsection as the `Office').
``(2) Head.--The head of the Office shall--
``(A) have the rank and status of ambassador;
``(B) be appointed by the President, by and with
the advice and consent of the Senate; and
``(C) report to the Under Secretary for Political
Affairs.
``(3) Duties.--The head of the Office shall--
``(A) serve as the principal advisor to the senior
management of the Department and the Secretary
regarding the role of the Department in the development
and implementation of sanctions policy, including
sanctions with respect to the Russian Federation, Iran,
North Korea, and other countries;
``(B) represent the United States in diplomatic and
multilateral fora on sanctions matters;
``(C) consult and closely coordinate with the
European Union to ensure the maximum effectiveness of
sanctions imposed by the United States and the European
Union with respect to the Russian Federation;
``(D) advise the Secretary directly and provide
input with respect to all activities, policies, and
programs of all bureaus and offices of the Department
relating to the implementation of sanctions policy; and
``(E) serve as the principal liaison of the
Department to other Federal agencies involved in the
design and implementation of sanctions policy.
``(4) Rule of construction.--Nothing in this subsection may
be construed to preclude--
``(A) the Office from being elevated to a Bureau
within the Department; or
``(B) the head of the Office from being elevated to
level of an Assistant Secretary.''.
(b) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report detailing the efforts of the Office
of Sanctions Coordination established under the amendments made by
subsection (a) to coordinate sanctions policy with the European Union.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of the
House of Representatives.
SEC. 9. REPORT ON COORDINATION OF SANCTIONS BETWEEN THE UNITED STATES
AND EUROPEAN UNION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the President
shall submit to the appropriate congressional committees a report that
includes the following:
(1) A description of each instance, during the period
specified in subsection (b)--
(A) in which the United States has imposed
sanctions with respect to a person for activity related
to the Russian Federation, but in which the European
Union has not imposed corresponding sanctions; and
(B) in which the European Union has imposed
sanctions with respect to a person for activity related
to the Russian Federation, but in which the United
States has not imposed corresponding sanctions.
(2) An explanation for the reason for each discrepancy
between sanctions imposed by the European Union and sanctions
imposed by the United States described in subparagraphs (A) and
(B) of paragraph (1).
(b) Period Specified.--The period specified in this subsection is--
(1) in the case of the first report submitted under
subsection (a), the period beginning on the date of the
enactment of this Act and ending on the date the report is
submitted; and
(2) in the case of a subsequent such report, the 180-day
period preceding the submission of the report.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of the
House of Representatives.
SEC. 10. SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION.
(a) In General.--Part 2 of subtitle A of title II of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C. 9521 et seq.) is
amended--
(1) by redesignating sections 235, 236, 237, and 238 as
sections 238, 239, 239B, and 239C, respectively; and
(2) by inserting after section 234 the following:
``SEC. 235. SANCTIONS WITH RESPECT TO TRANSACTIONS WITH CERTAIN RUSSIAN
POLITICAL FIGURES AND OLIGARCHS.
``On and after the date that is 180 days after the date of the
enactment of the Ukraine Foreign Assistance Integrity and
Accountability Act of 2019, the President shall impose the sanctions
described in section 224(b) with respect to--
``(1) political figures, oligarchs, and other persons that
facilitate illicit and corrupt activities, directly or
indirectly, on behalf of the President of the Russian
Federation, Vladimir Putin, and persons acting for or on behalf
of such political figures, oligarchs, and persons;
``(2) Russian parastatal entities that facilitate illicit
and corrupt activities, directly or indirectly, on behalf of
the President of the Russian Federation, Vladimir Putin;
``(3) family members of persons described in paragraph (1)
or (2) that derive significant benefits from such illicit and
corrupt activities; and
``(4) persons, including financial institutions, engaging
in significant transactions with persons described in paragraph
(1), (2), or (3).
``SEC. 236. SANCTIONS WITH RESPECT TO TRANSACTIONS WITH THE CYBER
SECTOR OF THE RUSSIAN FEDERATION.
``On and after the date that is 60 days after the date of the
enactment of the Ukraine Foreign Assistance Integrity and
Accountability Act of 2019, the President shall impose the sanctions
described in section 224(b) with respect to a person, including any
financial institution, that the President determines--
``(1) knowingly engages in significant transactions with
any person in the Russian Federation that supports or
facilitates malicious cyber activities; or
``(2) is knowingly owned or controlled by, or knowingly
acts or purports to act for or on behalf of, directly or
indirectly, a person that engages in significant transactions
described in paragraph (1).
``SEC. 237. SANCTIONS FOR VIOLATIONS BY THE RUSSIAN FEDERATION OF
FREEDOM OF NAVIGATION.
``(a) Determination of Violation.--
``(1) In general.--Not later than 90 days after the date of
the enactment of Ukraine Foreign Assistance Integrity and
Accountability Act of 2019, and every 180 days thereafter, the
Secretary of State shall determine and certify to the
committees specified in subsection (d) whether the Government
of the Russian Federation, including the armed forces or coast
guard of the Russian Federation, has interfered with the
freedom of navigation of one or more vessels in the Kerch
Strait or elsewhere in a manner inconsistent with international
law during the 180 days preceding the certification.
``(2) Publication of certification.--Not later than 15 days
after submitting a certification under paragraph (1), the
Secretary shall publish the certification in the Federal
Register.
``(b) Imposition of Sanctions.--On and after the date that is 90
days after the publication of a certification under paragraph (2) of
subsection (a) indicating that the Government of the Russian Federation
has interfered with the freedom of navigation of one or more vessels as
described in paragraph (1) of that subsection, all entities operating
in the shipbuilding sector of the Russian Federation shall be subject
to the same restrictions as an entity 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.
``(c) Removal of Sanctions.--The restrictions imposed pursuant to
subsection (b) shall remain in effect until the date on which the
Secretary of State determines and certifies to the committees specified
in subsection (d) that--
``(1) the Government of the Russian Federation, including
the armed forces and coast guard of the Russian Federation, has
not interfered with the freedom of navigation of any vessels in
the Kerch Strait or elsewhere in a manner inconsistent with
international law during the 3-year period preceding the
submission of that certification; and
``(2) the Government of the Russian Federation has provided
assurances that that Government will not engage in such
interference in the future.
``(d) Committees Specified.--The committees specified in this
subsection are--
``(1) the appropriate congressional committees; and
``(2) the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives.''.
(b) Conforming and Technical Amendments.--
(1) Implementation and penalties.--Part 2 of subtitle A of
title II of the Countering America's Adversaries Through
Sanctions Act (22 U.S.C. 9521 et seq.), as amended by this
section, is further amended by inserting after section 239 the
following:
``SEC. 239A. IMPLEMENTATION AND PENALTIES.
``(a) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this part.
``(b) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this part or any
regulation, license, or order issued to carry out this part 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.''.
(2) Clerical amendment.--The table of contents for the
Countering America's Adversaries Through Sanctions Act is
amended by striking the items relating to sections 235 through
238 and inserting the following:
``Sec. 235. Sanctions with respect to transactions with certain Russian
political figures and oligarchs.
``Sec. 236. Sanctions with respect to transactions with the cyber
sector of the Russian Federation.
``Sec. 237. Sanctions for violations by the Russian Federation of
freedom of navigation.
``Sec. 238. Sanctions described.
``Sec. 239. Exceptions, waiver, and termination.
``Sec. 239A. Implementation and penalties.
``Sec. 239B. Exception relating to activities of the National
Aeronautics and Space Administration.
``Sec. 239C. Rule of construction.''.
(3) Conforming amendments.--Part 2 of subtitle A of title
II of the Countering America's Adversaries Through Sanctions
Act (22 U.S.C. 9521 et seq.), as amended by this section, is
further amended--
(A) in section 231, by striking subsection (e); and
(B) by striking ``section 235'' each place it
appears and inserting ``section 238''.
(4) Guidance.--The President shall, in a prompt and timely
way, publish guidance on the implementation of this section and
the amendments made by this section and any regulations
prescribed pursuant to this section or any such amendment.
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