[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8465 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 8465

    To amend the Foreign Assistance Act of 1961 to provide for the 
 designation of certain countries, including Ukraine, the Republic of 
 Georgia, and the Republic of Moldova, as major democratic allies, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2022

Mr. Cohen (for himself and Mr. Wilson of South Carolina) introduced the 
 following bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend the Foreign Assistance Act of 1961 to provide for the 
 designation of certain countries, including Ukraine, the Republic of 
 Georgia, and the Republic of Moldova, as major democratic allies, 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 ``Euro-Atlantic Solidarity and Major 
Democratic Ally Act of 2022''.

SEC. 2. DESIGNATION OF MAJOR DEMOCRATIC ALLIES; IMPROVED OVERSIGHT OF 
              CERTAIN DESIGNATED ALLIES.

    (a) Designation and Oversight.--Chapter 2 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2311 et seq.) is amended by adding at 
the end the following new sections:

``SEC. 518. DESIGNATION OF MAJOR DEMOCRATIC ALLIES.

    ``(a) Designation.--
            ``(1) In general.--The President may designate a country 
        that the President determines meets the standards under 
        paragraph (2) as a major democratic ally for purposes of this 
        Act and the Arms Export Control Act (22 U.S.C. 2751 et seq.).
            ``(2) Standards.--A country meets the standards under this 
        paragraph if the country--
                    ``(A) adheres to democratic principles; or
                    ``(B) demonstrates progress towards such 
                principles.
            ``(3) Notice to congress.--The President shall notify the 
        Congress in writing at least 30 days before--
                    ``(A) designating a country as a major democratic 
                ally pursuant to paragraph (1); or
                    ``(B) terminating such a designation.
            ``(4) Initial designations.--Ukraine, the Republic of 
        Georgia, and the Republic of Moldova shall be deemed to have 
        been so designated by the President as of the effective date of 
        this section, and the President is not required to notify the 
        Congress of such designation of those countries.
    ``(b) Benefits for Designated Countries.--
            ``(1) Improved provision of defense articles.--The 
        President, in coordination with the Secretary of Defense, shall 
        take such steps as may be necessary to simplify and accelerate 
        the provision of defense articles to countries designated as 
        major democratic allies under subsection (a), including by 
        ensuring that, in selecting countries with which the Secretary 
        of Defense will seek to enter into a security of supply 
        arrangement, the Secretary of Defense gives priority to such 
        countries.
            ``(2) Improved trade terms for defense articles and 
        strategic materials.--The President, in coordination with the 
        Secretary of State and the Secretary of Commerce, shall provide 
        for improved trade terms for defense articles and strategic 
        materials between countries designated as major democratic 
        allies under subsection (a) and the United States, including by 
        waiving or reducing, in whole or in part, tariffs for the 
        importation from such countries into the United States of such 
        articles and materials.
            ``(3) Democratic alliance commissions.--
                    ``(A) In general.--The President shall seek to 
                establish a bilateral commission between each country 
                designated as a major democratic ally under subsection 
                (a) and the United States for the purpose of 
                facilitating bilateral efforts relating to security 
                cooperation, security assistance, the promotion of 
                democracy, human rights, trade, and such other issues 
                as the President may determine appropriate and 
                consistent with such designation. Each commission so 
                established shall be known as a `Democratic Alliance 
                Commission'.
                    ``(B) Meetings.--Each Democratic Alliance 
                Commission established between a country designated as 
                a major democratic ally and the United States pursuant 
                to paragraph (A) shall hold regular meetings. Such 
                meetings shall be co-chaired by the Secretary of State 
                (or the Special Advisor under section 519(a), as an 
                alternate co-chair) and an appropriate counterpart of 
                the government of such country.
                    ``(C) Preexisting commissions.--If the President 
                determines that, as of the date on which a country is 
                designated as a major democratic ally under subsection 
                (a) or deemed to have been so designated, there is a 
                previously established bilateral commission between 
                that country and the United States with the capability 
                to serve the purpose referred to in subparagraph (A), 
                such commission may be deemed a `Democratic Alliance 
                Commission' for purposes of that subparagraph and the 
                President shall not be required to seek to establish a 
                new commission.
    ``(c) Termination.--With respect to the designation of a country as 
a major democratic ally under this section, the President may terminate 
such designation if the President determines, taking into consideration 
the findings of the annual reports submitted pursuant to section 519(c) 
and such other considerations as the President may determine 
appropriate, that the country does not meet the standards under 
subsection (a)(2).
    ``(d) Rule of Construction.--The designation of a country as a 
major democratic ally under this section may not be construed as a 
substitute or impediment to--
            ``(1) accession to the North Atlantic Treaty Organization;
            ``(2) entrance into a bilateral security treaty with the 
        United States; or
            ``(3) entrance into any other form of alliance or alignment 
        with the United States or the Euro-Atlantic community.
    ``(e) Definitions.--In this section:
            ``(1) Defense article.--The term `defense article' has the 
        meaning given that term in section 47 of the Arms Export 
        Control Act (22 U.S.C. 2794).
            ``(2) Security supply arrangement.--The term `security 
        supply arrangement' means a non-binding international agreement 
        between the Secretary of Defense and an appropriate counterpart 
        from a foreign government that provides a framework for the 
        priority receipt and provision of defense articles and defense 
        services between the United States and the foreign government.
            ``(3) Strategic material.--The term `strategic material' 
        means a material determined strategic by the President, such as 
        titanium, steel, manganese, and rare earth elements.

``SEC. 519. OVERSIGHT OF MAJOR NON-NATO ALLIES AND MAJOR DEMOCRATIC 
              ALLIES.

    ``(a) Special Advisor.--
            ``(1) Appointment.--The Secretary of State shall appoint a 
        Special Advisor for Major Non-NATO Allies and Major Democratic 
        Allies.
            ``(2) Pay rate.--The Special Advisor under paragraph (1) 
        shall be compensated at the rate provided for Level IV of the 
        Executive Schedule Pay Rates under section 5315 of title 5, 
        United States Code.
            ``(3) Duties.--The duties of the Special Advisor under 
        paragraph (1) shall include the following:
                    ``(A) Overseeing the relations of the United States 
                with covered countries to ensure each covered country 
                receives appropriate benefits and adheres to 
                appropriate standards in accordance with the respective 
                covered designation of that country.
                    ``(B) Overseeing support by the United States for 
                the promotion of democracy in covered countries.
                    ``(C) Advising the President on the addition of new 
                covered countries.
                    ``(D) Advising the President on the termination of 
                covered designations, including by assisting in the 
                development of recommendations included in the annual 
                report under subsection (c).
                    ``(E) Coordinating efforts under each Democratic 
                Alliance Commission established pursuant to paragraph 
                (3) of section 518(b), including by serving as 
                alternate co-chair of meetings pursuant to subparagraph 
                (B) of such paragraph.
            ``(4) Staff and detailees.--
                    ``(A) Staff.--The Special Advisor under paragraph 
                (1) may appoint personnel from among employees in the 
                civil service or members of the Foreign Service as the 
                Special Advisor considers appropriate.
                    ``(B) Detailees.--Upon request of the Special 
                Advisor under paragraph (1), the head of any office of 
                the legislative branch or Federal department or agency 
                may detail, on a reimbursable basis, any personnel of 
                that office, department, or agency to the Special 
                Advisor to assist in carrying out the duties under 
                paragraph (3). The Special Advisor shall encourage, to 
                the maximum extent practicable, the detail of personnel 
                under this subparagraph in carrying out such duties, to 
                ensure interagency coordination.
    ``(b) Deputy Special Advisor.--
            ``(1) Designation.--The Secretary of State shall designate 
        a civil service officer or Foreign Service officer serving in a 
        position classified at GS-15 under the General Schedule under 
        subchapter III of chapter 53 of title 5, United States Code, or 
        (in the case of a detailee) an equivalent level under another 
        wage system, as the Deputy Special Advisor for Major Non-NATO 
        Allies and Major Democratic Allies.
            ``(2) Relationship to special advisor.--The Deputy Special 
        Advisor under paragraph (1) shall report to the Special Advisor 
        under subsection (a)(1) and shall serve as Special Advisor in 
        the absence of the Special Advisor.
    ``(c) Annual Report.--
            ``(1) In general.--The Secretary of State (in coordination 
        with the Secretary of Defense, the Secretary of Commerce, and 
        the Special Advisor under subsection (a)(1)) shall annually 
        submit to the President and Congress, and make publicly 
        available, a report on covered countries.
            ``(2) Matters.--Each report submitted under paragraph (1) 
        shall include an assessment of the following:
                    ``(A) Efforts taken by each covered country to 
                promote positive relations between the covered country 
                and other allies and partners of the United States.
                    ``(B) The activities and goals of each Democratic 
                Alliance Commission established pursuant to section 
                518(b)(3).
                    ``(C) The adherence to, or progress made towards, 
                democratic principles by each covered country.
                    ``(D) The suitability of each covered country to 
                maintain the respective covered designation of that 
                country (which may include, at the discretion of the 
                Secretary of State, a recommendation on whether the 
                President should terminate such covered designation).
    ``(d) Definitions.--In this section:
            ``(1) Covered country.--The term `covered country' means a 
        country with a covered designation.
            ``(2) Covered designation.--The term `covered designation' 
        means a designation as a major non-NATO ally pursuant to 
        section 517 or a major defense ally pursuant to section 518.''.
    (b) Equivalency of Major Democratic Allies to Major Non-NATO 
Allies.--
            (1) Equivalency under foreign assistance act of 1961.--The 
        Foreign Assistance Act of 1961, as amended by subsection (a), 
        is further amended--
                    (A) in section 514(c)(2) (22 U.S.C. 2321h), by 
                inserting `` a major democratic ally,'' after ``a major 
                non-NATO ally,'';
                    (B) in section 516(c)(2) (22 U.S.C. 2321j), by 
                inserting `` and major democratic allies'' after 
                ``major non-NATO allies'';
                    (C) in section 620J(a)(2) (22 U.S.C. 2378a), by 
                striking ``(as defined in section 644(q))'' and 
                inserting ``or a major democratic ally (as such terms 
                are defined in section 644)''; and
                    (D) in section 644 (22 U.S.C. 2403), by adding at 
                the end the following new subsection:
    ``(r) Major Democratic Ally.--In this section, the term `major 
democratic ally' means a country which is designated in accordance with 
section 518 as a major democratic ally for purposes of this Act and the 
Arms Export Control Act (22 U.S.C. 2751 et seq.).''.
            (2) Equivalency under arms export control act.--The Arms 
        Export Control Act is amended--
                    (A) in section 21(g) (22 U.S.C. 2761), by inserting 
                `` or major democratic allies'' after ``major non-NATO 
                allies''; and
                    (B) in section 65(a)(1) (22 U.S.C. 2796d), by 
                inserting ``, or a major democratic ally,'' after 
                ``major non-NATO ally'' each place it appears.
    (c) Conforming Amendment.--Section 5315 of title 5, United States 
Code, is amended by adding at the end the following new item:
            ``Special Advisor for Major Non-NATO Allies and Major 
        Democratic Allies.''.

SEC. 3. DEFENSE OF UKRAINE, REPUBLIC OF GEORGIA, AND OTHER COUNTRIES 
              FROM RUSSIAN AGGRESSION.

    (a) Sense of Congress.--Consistent with longstanding United States 
policy, and consistent with the declaration at the 2008 North Atlantic 
Treaty Organization (NATO) Summit in Bucharest, Romania, that Ukraine 
and the Republic of Georgia will accede to NATO, it is the sense of 
Congress that Ukraine, the Republic of Georgia, and the Republic of 
Moldova, should it wish to join, would be welcome and valuable allies 
in NATO upon accession.
    (b) Actions Relating to Ukraine and Republic of Georgia.--
            (1) In general.--The President shall--
                    (A) direct the Permanent Representative of the 
                United States to NATO to use the voice, vote, and 
                influence of the United States at NATO to advocate for 
                and accelerate the accession of Ukraine and the 
                Republic of Georgia to NATO; and
                    (B) until the date on which such accessions have 
                occurred, take such steps as may be necessary to ensure 
                the independence, sovereignty, and security of Ukraine 
                and the Republic of Georgia.
            (2) Annual report.--On an annual basis until the date on 
        which Ukraine and the Republic of Georgia accede to NATO, the 
        Secretary of State shall submit to Congress a report on the 
        efforts taken by the President during the year covered by the 
        report to advocate for and accelerate the accession of Ukraine 
        and the Republic of Georgia to NATO.
    (c) United States Policy Relating to Defense of Certain NATO Member 
States.--
            (1) In general.--It is the policy of the United States that 
        the President shall consider any direct or indirect armed 
        attack attributable to the Russian Federation against a member 
        state of NATO intervening in defense of any country described 
        in paragraph (2) against Russian aggression as an armed attack 
        subject to the principle of collective defense pursuant to 
        Article 5 of the North Atlantic Treaty, signed at Washington on 
        April 4, 1949.
            (2) Countries described.--The countries described in this 
        paragraph are the following:
                    (A) The Republic of Georgia.
                    (B) Moldova.
                    (C) Ukraine.
                    (D) Any other country in Europe that is not a 
                member state of NATO.
    (d) Plans Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall complete the 
development of a separate plan for the defense against Russia, 
consistent with the required actions under subsection (b)(1), as 
applicable, of each of the countries listed in subparagraphs (A) 
through (C) of subsection (c)(2).

SEC. 4. SENSE OF CONGRESS ON DETERRENCE OF FURTHER RUSSIAN AGGRESSION 
              AGAINST UKRAINE WITH RESPECT TO THREAT OF WEAPONS OF MASS 
              DESTRUCTION.

    (a) Findings.--Congress finds the following:
            (1) The Russian Federation is currently engaged in a 
        brutal, illegal, premeditated, and destructive war against the 
        sovereign, democratic country of Ukraine.
            (2) The Russian war on Ukraine is in gross, clear, and 
        uncorrected violation of the principles of the Helsinki Final 
        Act, in contravention of the United Nations Charter, in 
        violation of its obligations under the 1994 Budapest 
        Memorandum, and an unmitigated moral stain on its countenance.
            (3) The Russian leadership has made numerous implied and 
        overt threats regarding the potential use of chemical, 
        biological, or nuclear weapons of mass destruction in 
        connection with its barbaric war on Ukraine.
            (4) The Russian war on Ukraine is not only a humanitarian 
        catastrophe and a global and national security crisis, but also 
        a direct and potentially irreparable threat to global 
        nonproliferation, including notorious and gross Russian 
        violations of its obligations under the Budapest Memorandums 
        and the conduct of a civilized state.
            (5) In exchange for Ukraine eliminating all nuclear weapons 
        from its territory, the 1994 Budapest Memorandum committed its 
        signatories, Russia, the United Kingdom, and the United States, 
        to refrain from the threat or use of force or economic coercion 
        against Ukraine, and provided guarantees for the independence 
        and sovereignty and territorial integrity of Ukraine.
            (6) The employment of chemical or biological weapons by 
        Russia would be in violation of its obligations under the 
        Chemical Weapons Convention, the Geneva Protocol, and the 
        Biological Weapons Convention.
            (7) The United States does not seek war, and urges an 
        immediate end to Russian aggression in and against Ukraine, but 
        the potential use of chemical, biological, or nuclear weapons 
        of mass destruction by the Russian military constitutes grave 
        escalation over redlines that imperil United States national 
        security and international peace.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the President should--
                    (A) declare that the Russian employment of 
                chemical, biological, or nuclear weapons of mass 
                destruction, including low-yield ``tactical'' nuclear 
                weapons, ``false flag'' operations using such weapons 
                of mass destruction, and the purposeful or deliberate 
                targeting or neglect of nuclear facilities that leads 
                to a nuclear event, against or in connection with the 
                Russian war on Ukraine, would represent crimes against 
                humanity;
                    (B) treat such crimes against humanity as an urgent 
                national and global security threat that may require, 
                in concert with other member states of the North 
                Atlantic Treaty Organization, the employment of any 
                available conventional means as necessary to secure the 
                peace, including the potential need to degrade and 
                destroy offending Russian forces in Ukraine; and
                    (C) make immediate efforts to provide the military 
                and other material means needed for the legitimate 
                democratic Government of Ukraine to be able to defend 
                its national sovereignty; and
            (2) Congress stands ready to make additional appropriations 
        or pass other legislation to meet the needs of securing the 
        common struggle of Ukraine, Europe, and the United States 
        against Russian aggression.
                                 <all>