117 HR 8958 IH: Ukraine Human Rights Policy Act of 2022
U.S. House of Representatives
2022-09-22
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I
117th CONGRESS
2d Session
H. R. 8958
IN THE HOUSE OF REPRESENTATIVES
September 22, 2022
Mr. Fallon (for himself and Mr. Panetta) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Intelligence (Permanent Select), 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 amend certain authorities relating to human rights violations and abuses in Ukraine, and for other purposes.
1.

Short title
This Act may be cited as the “Ukraine Human Rights Policy Act of 2022”.
2.

Congressional oversight of mandatory imposition of sanctions with respect to transactions with persons responsible for human rights abuses
Section 11 of the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 (22 U.S.C. 8910) is amended—
(1)
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(2)
by inserting after subsection (c) the following:
“(d)

Congressional oversight
(1)

In general
Not later than 60 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria of a person described in subsection (a), the President shall—
(A)
determine if the person meets such criteria; and
(B)
submit a classified or unclassified report to such chairman and ranking member with respect to such determination that includes a statement of whether or not the President imposed or intends to impose sanctions under subsection (b) with respect to such person.
(2)

Appropriate congressional committees defined
In this subsection, the term “appropriate congressional committees” means—
(A)
the Committee on Foreign Affairs of the House of Representatives; and
(B)
the Committee on Foreign Relations of the Senate.”.
3.

Sense of Congress
Section 252 of the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9542) is amended—
(1)
by striking paragraph (1) and inserting the following:
“(1)
the Government of the Russian Federation bears responsibility for the continuing violence in Ukraine and imposition onto Ukrainian sovereignty;”;
(2)
by redesignating paragraphs (2) through (10) as paragraphs (5) through (13), respectively;
(3)
by inserting after paragraph (1) the following:
“(2)
the Government of the Russian Federation’s invasion of Ukraine reflects years of disregard for territorial integrity across the European continent;
(3)
paramilitary organizations are utilized by the Government of the Russian Federation to execute foreign policy goals, including through influence campaigns, economic coercion, and violence;
(4)
ongoing violence from the Government of the Russian Federation across Europe creates implications for allies and partners of the United States outside of the European continent, and a deterrence strategy therefore requires coordination and cooperation with like-minded partners across the globe;”; and
(4)
by amending subparagraph (A) of paragraph (12) (as redesignated) to read as follows:
“(A)
to identify vulnerabilities to aggression, information operations, in particular cyber warfare and military information support operations, corruption, and hybrid warfare by the Government of the Russian Federation and its proxy forces;”.
4.

Statement of Policy
It is the policy of the United States to consider foreign persons who are involved in the forced relocation or detention of persons in Russian filtration camps as having committed gross violations of internationally recognized human rights for purposes of imposing sanctions with respect to such persons under the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note).
5.

Report on human rights abuses in Ukraine and against Ukrainian residents forcibly relocated to Russia
(a)

In general
The Secretary of State, in consultation with the heads of other relevant Federal departments and agencies and civil society organizations shall include in the report required by sections 116(d) and 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304) information on human rights abuses in Ukraine and against individuals who reside in Ukraine who are forcibly relocated.
(b)

Matters To be included
The information required under subsection (a) shall include—
(1)
an assessment of Russian forces and Russia-affiliated non-state groups involved in human rights abuses against civilians in Ukraine;
(2)
an assessment of the number of individuals detained in filtration camps in operated by the Russian Federation or its proxies;
(3)
a description of the conditions in such camps for detainees, including, to the extent practicable, an assessment of—
(A)
methods of abuse;
(B)
efforts to force individuals to renounce their faith; and
(C)
other serious human rights abuses;
(4)
to the extent practicable, an assessment of staffing levels at these camps, including at which military, governmental, or other units are in charge;
(5)
a description, as appropriate, of United States diplomatic efforts with allies and other nations and relevant international organizations—
(A)
to address the gross violations of human rights against Ukrainians; and
(B)
to prosecute individuals responsible for committing human rights violations; and
(6)
the identification of the offices within the Department of State that are responsible for leading and coordinating the diplomatic efforts referred to in paragraph (5).
6.

Classified report
The Secretary of State and the Director of National Intelligence, in consultation with such elements of the Intelligence Community as the Director deems appropriate, shall submit a classified report to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate that assesses the ability of the United States Government to collect and analyze intelligence regarding—
(1)
the scope and scale of war crimes committed against individuals who reside in Ukraine by the Russian Armed Forces or Russia-affiliated non-state groups;
(2)
the scope and scale of the detention and forced labor of Ukrainian nationals in Ukraine and Russia;
(3)
the gross abuses of human rights perpetrated inside the filtration camps and other detention centers operated by the Russian Federation or Russia-affiliated non-state groups; and
(4)
other actions of the Government of the Russian Federation that constitute gross violations of human rights related to the Russian Invasion of Ukraine.