[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4509 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4509

    To provide for security in the Black Sea region, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2022

   Mrs. Shaheen (for herself, Mr. Romney, Mr. Coons, Mr. Tillis, Mr. 
 Cardin, and Mr. Wicker) introduced the following bill; which was read 
        twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
    To provide for security in the Black Sea region, 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 ``Black Sea Security Act of 2022''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Black Sea region is of critical importance to the 
        national security of six nations: Ukraine, Georgia, Moldova, 
        Romania, Bulgaria, and Turkey.
            (2) The Black Sea region has been a zone of increasing 
        tension and conflict on the eastern border of the European 
        Union and the North Atlantic Treaty Organization (NATO) 
        following President Vladimir Putin's 2014 and 2022 invasions of 
        Ukraine and 2008 invasion of Georgia, which still has 
        territories illegally occupied by the Russian Federation.
            (3) Since the illegal attempted annexation of Ukraine's 
        Crimea region in 2014, the Russian Federation has enhanced the 
        Black Sea Fleet to increase its presence in the region, 
        enhanced its air and coastal defenses, disregarded 
        international law regarding freedom of navigation to interrupt 
        in regular shipping routes, and threatened freedom of 
        navigation exercises in the Black Sea.
            (4) Since its military interventions in the Black Sea 
        region starting in 2008, the Russian Federation has undertaken 
        persistent hybrid measures to further destabilize the region 
        through malign influence campaigns.
            (5) Since the 2022 invasion of Ukraine by the Russian 
        Federation, the unity among Black Sea countries has 
        strengthened, particularly among NATO member countries Romania, 
        Bulgaria, and Turkey.
            (6) The Russian Federation is leveraging its illegal claim 
        over Black Sea waters and the territories of Black Sea region 
        states to execute military exercises to threaten the 
        territorial sovereignty of Ukraine and kill innocent civilians.
            (7) Russia has a long history of using its position in the 
        Black Sea and Crimea to threaten NATO allies, including the HMS 
        Defender incident of June 2021, when a British ship was 
        harassed by Russian ships while undertaking a freedom of 
        navigation patrol in waters near the Crimean Peninsula.
            (8) While NATO has conducted routine exercises in the 
        region, the United States presence in the Black Sea has 
        decreased since Russia's annexation of Crimea due to competing 
        security priorities among allies, a lack of available ships and 
        resources, and a lack of a clearly defined regional strategy.
            (9) While, in February 2022, Turkey blocked the entry of 
        Russian warships into the Black Sea pursuant to the Convention 
        regarding the Regime of the Straits, signed at Montreux, 
        Switzerland July 20, 1936 (commonly known as the ``Montreux 
        Convention''), the Montreux Convention does not account for the 
        increase in size, weight, and capabilities of modern warships, 
        and Russia does not have the same limits on tonnage as non-
        littoral states.
            (10) Turkey has resisted attempts to change its 
        interpretation of the Montreux Convention to avoid weakening 
        their position in the region.
            (11) While NATO has long recognized the strategic 
        importance of the Black Sea, Russia has sought to capitalize on 
        at times divergent priorities among NATO members in the region 
        to advance expansionist claims.
            (12) On February 24, 2022, Russian Federation President 
        Vladimir Putin instigated an unprovoked, unjustified, and 
        unlawful war violating the territorial integrity of the 
        sovereign country of Ukraine and is using the Russian 
        Federation's military presence on the Black Sea to kill 
        innocent Ukrainian civilians.
            (13) The Russian Federation's unprovoked war on Ukraine has 
        underscored the importance of the Black Sea region to United 
        States national security interests.
            (14) The Russian Federation's unprovoked war has caused a 
        food security crisis as 20,000,000-30,000,000 tons of Ukrainian 
        grain remain unable to leave Ukraine in an efficient and secure 
        manner. The war has also impeded Ukraine's ability to produce 
        and transport next year's harvest.
            (15) The Russian Federation's actions in and around the 
        Black Sea have also disrupted secure, reliable access to energy 
        resources throughout Europe. Notably, Gazprom suspended natural 
        gas supplies to Poland and Bulgaria on April 27, 2022, after 
        the two countries refused to abide by a March 31, 2022, Russian 
        decree that all payments be made in rubles, in violation of the 
        terms of their contracts with Gazprom.
            (16) The People's Republic of China (PRC)'s coercive 
        economic policies also threaten the economic stability of the 
        Black Sea region.

SEC. 3. SENSE OF CONGRESS ON BLACK SEA SECURITY.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) it is in the interest of the United States to prevent 
        the spread of further armed conflict in Europe by recognizing 
        the Black Sea region as an arena of Russian aggression;
            (2) the littoral members of the Black Sea are critical in 
        countering aggression by the Government of the Russian 
        Federation and maintaining the collective security of the NATO 
        alliance;
            (3) the repeated, illegal, unprovoked, and violent attempts 
        of the Russian Federation to expand its territory and control 
        access to the Mediterranean through the Black Sea constitutes a 
        threat to the national security of the United States and the 
        NATO alliance;
            (4) the United States condemns attempts by the Russian 
        Federation to change or alter boundaries in the Black Sea 
        region by any means contrary to international law;
            (5) the United States and its allies should robustly 
        counter Russia's illegal territorial claims on the Crimean 
        Peninsula, along Ukraine's territorial waters in the Black Sea 
        and the Sea of Azov, in the Black Sea's international waters, 
        and in the territories it is illegally occupying in Ukraine;
            (6) the United States should continue to work within NATO 
        and with NATO allies to develop a long-term strategy to enhance 
        security, establish a permanent, sustainable presence in the 
        eastern flank, and bolster the democratic resilience of its 
        allies and partners in the region;
            (7) the United States should also work with the European 
        Union in coordinating a strategy to support democratic 
        initiatives and economic prosperity in the region, which 
        includes two European Union members and four aspirant nations;
            (8) the United States should explore efforts to rebuild 
        trust and bilateral relations with Turkey, a key ally in the 
        Black Sea region and a bulwark against Iran;
            (9) it is in the interest of the United States that NATO 
        adopt a robust strategy toward the Black Sea, including by 
        working with interested partner countries in the region to 
        advance common security objectives;
            (10) the United States should work to foster dialogue among 
        countries within the Black Sea region to improve communication 
        and intelligence sharing and increase cyber defense 
        capabilities;
            (11) countries with historic and economic ties to Russia 
        are looking to the United States and Europe to provide a 
        positive economic presence in the broader region as a 
        counterbalance to the Russian Federation's malign influence in 
        the region;
            (12) it is in the interest of the United States to support 
        and bolster the economic ties between the United States and 
        Black Sea partners;
            (13) the United States should support the initiative 
        undertaken by central and eastern European states to advance 
        the Three Seas Initiative Fund to strengthen transport, energy, 
        and digital infrastructure connectivity in the region between 
        the Adriatic Sea, Baltic Sea, and Black Sea;
            (14) there are mutually beneficial opportunities for 
        increased investment and economic expansion, particularly on 
        energy, climate, and transport infrastructure initiatives, 
        between the United States and Black Sea states and the broader 
        region;
            (15) improved economic ties between the United States and 
        the Black Sea states and the broader region can lead to a 
        strengthened strategic partnership;
            (16) the United States must address the food security 
        challenges arising from closure of Ukraine's Black Sea ports, 
        as this global challenge will have critical national security 
        implications for the United States, our partners, and allies;
            (17) Russia has a brutal history of using hunger as a 
        weapon and must be stopped; and
            (18) countering the PRC's coercive economic pursuits 
        remains an important policy imperative in order to further 
        integrate the Black Sea countries into western economies and 
        improve regional stability.

SEC. 4. REPORT ON UNITED STATES POLICY TOWARD THE BLACK SEA REGION.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the National Security Council, in coordination 
with the Department of State, Department of Defense, the Department of 
the Treasury, the Department of Commerce, the Department of Energy, the 
United States Agency for International Development, the Trade and 
Development Agency, the United States Export-Import Bank, the 
Department of Agriculture, and the United States International 
Development Finance Corporation, shall deliver to the appropriate 
congressional committees an interagency report that outlines current 
United States efforts and policy options toward Black Sea countries and 
the broader region and addresses the matters addressed in section 3, 
including NATO engagement in the region.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) An overview of ongoing efforts by relevant United 
        States Government agencies toward the Black Sea region, both 
        through bilateral initiatives with Black Sea countries and any 
        regional initiatives toward the region, to provide military and 
        security assistance, economic support, and good governance 
        initiatives.
            (2) A description of current efforts and policy options 
        that can be undertaken by the Department of State, the United 
        States International Development Finance Corporation, the 
        United States Export-Import Bank, the Trade and Development 
        Agency, the Department of Energy, the Department of the 
        Treasury, the Department of Commerce, and the Department of 
        Agriculture to promote economic growth, integration, and 
        quality infrastructure (including for energy integration and 
        independence) in the Black Sea littoral states and the broader 
        region.
            (3) A breakdown of initiatives to provide the following 
        types of support, together with a breakdown of funding to 
        support these efforts:
                    (A) Military assistance, including infrastructure 
                in support of enhanced deployments and supply logistics 
                in the region.
                    (B) Economic assistance, including support for the 
                food security crisis.
                    (C) Countering Russian disinformation and 
                propaganda in the Black Sea region.
                    (D) Energy diversification and regional market 
                integration and supply to reduce dependence on energy 
                from the Russian Federation and promote clean energy 
                initiatives.
                    (E) Using economic statecraft tools, such as trade 
                and monetary policy, equity investments and debt 
                financing and political risk insurance, to increase the 
                United States bilateral trade and investment in the 
                region and opportunities for near-shoring production in 
                the broader region for the European market.
                    (F) Fostering greater regional cooperation.
                    (G) Increasing access to global capital markets and 
                enhancement of local and regional sources of capital 
                for critical infrastructure and other investments.
                    (H) A plan for helping United States allies in the 
                region to accelerate their transitions from legacy 
                Russian military equipment and promote NATO 
                interoperability.
                    (I) Strengthening rule-of-law and anti-corruption 
                efforts.
                    (J) Addressing the PRC's coercive economic actions.
            (4) An assessment of NATO engagement in the region and 
        policy options to address the changed regional security 
        environment, including NATO's presence in the region and an 
        outline of NATO's planned and recent military exercises in the 
        region, in particular those under Headquarters Multinational 
        Division Southeast (in Romania) and the four new battle groups 
        in Romania, Bulgaria, Hungary, and Slovakia.

SEC. 5. UNITED STATES POLICY.

    It is the policy of the United States to--
            (1) actively deter the threat of further Russian escalation 
        in the Black Sea region and defend freedom of navigation in the 
        Black Sea to prevent the spread of further armed conflict in 
        Europe;
            (2) advocate within NATO, among NATO allies, and within the 
        European Union to develop a long-term coordinated strategy to 
        enhance security, establish a permanent, sustainable presence 
        in the eastern flank, and bolster the democratic resilience of 
        United States allies and partners in the region;
            (3) support and bolster the economic ties between the 
        United States and Black Sea partners, and mobilize the United 
        States International Development Finance Corporation, the 
        Export-Import Bank, the Trade and Development Agency, the 
        Department of State, the United States Agency for International 
        Development, the Department of Agriculture, and the Department 
        of Commerce to increase United States presence and investment 
        in Black Sea countries;
            (4) provide economic alternatives to the PRC's coercive 
        economic options that destabilize and further erode economic 
        integration of the Black Sea littoral states;
            (5) ensure that the United States continues to support 
        Black Sea countries to strengthen their democratic institutions 
        to prevent corruption and accelerate their advancement into the 
        Euroatlantic community; and
            (6) encourage the initiative undertaken by central and 
        eastern European states to advance the Three Seas Initiative to 
        strengthen transport, energy, and digital infrastructure 
        connectivity in the region between the Adriatic Sea, Baltic 
        Sea, and Black Sea.

SEC. 6. BLACK SEA SECURITY AND DEVELOPMENT STRATEGY.

    (a) Black Sea Development and Security Strategy.--No later than 360 
days after the enactment of this Act, drawing from the policy options 
developed in the report in section 4, the National Security Council, in 
coordination with the Department of State, the Department of Defense, 
the United States International Development Finance Corporation, the 
United States Agency for International Development, the United States 
Export-Import Bank, the Trade and Development Agency the Department of 
Commerce, the Department of Energy, the Department of Agriculture, and 
the Department of the Treasury, shall direct an interagency strategy, 
based on the findings of the report under section 4, to increase 
military assistance and coordination with NATO and the European Union, 
deepen economic ties, strengthen economic and energy security and 
enhance security assistance with Black Sea countries, and support 
efforts to bolster their democratic resilience.
    (b) Purpose and Objectives.--The initiative established under 
subsection (a) shall have the following goals and objectives:
            (1) Ensuring the efficient and effective delivery of 
        security assistance to the Black Sea states, prioritizing 
        assistance that will bolster defenses against hybrid warfare 
        and improve interoperability with NATO forces.
            (2) Bolstering United States support for the region's 
        energy security and integration with Europe and reducing their 
        dependence on Russia while supporting energy diversification.
            (3) Mitigating the impact of economic coercion by the 
        Russian Federation and the PRC on Black Sea states and 
        identifying new opportunities for foreign direct investment 
        from the United States and cooperating countries and the 
        enhancement of United States business ties.
            (4) Increasing high-level engagement between the United 
        States and the Black Sea states, and reinforcing economic 
        growth, financing quality infrastructure, and reinforcing trade 
        with a focus on improving high-level economic cooperation.
            (5) Increasing coordination with the European Union and the 
        North Atlantic Treaty Organization to maximize effectiveness 
        and minimize duplication.
    (c) Activities.--
            (1) Security.--The strategy established under subsection 
        (a) shall include the following elements related to security:
                    (A) A plan to increase interagency coordination 
                toward the Black Sea region.
                    (B) A strategy for--
                            (i) the United States to increase NATO's 
                        presence and capabilities in the Black Sea 
                        region, including land and air forces; or
                            (ii) a United States-led initiative with 
                        NATO member countries to increase coordination, 
                        presence, and regional engagement among Black 
                        Sea countries.
                    (C) A strategy to increase military assistance 
                toward Black Sea countries, particularly Ukraine, 
                Romania, Bulgaria, and Georgia.
                    (D) Prioritization of intelligence, surveillance, 
                and reconnaissance systems to monitor Russian 
                operations in the Black Sea region, as well as 
                upgrading from air policing to air defense missions.
                    (E) An assessment of the value of establishing a 
                joint, multinational three-star headquarters on the 
                Black Sea, responsible for planning, readiness, 
                exercises, and coordination of all military activity in 
                the greater Black Sea region.
                    (F) An overview of Foreign Military Financing, 
                International Military Education and Training, and 
                other United States security assistance to the region.
                    (G) A plan for communicating the changes to NATO 
                posture to the public in allied and partner countries, 
                as well as in the Russian Federation and Belarus.
                    (H) A plan for combating Russian disinformation and 
                propaganda in the Black Sea region, utilizing the 
                resources of the United States Government, including 
                the Global Engagement Center.
                    (I) A plan to promote greater freedom of 
                navigation, working primarily with Turkey, Ukraine, 
                Romania, and Bulgaria to allow for greater security and 
                economic Black Sea access.
            (2) Economic prosperity.--The strategy established under 
        subsection (a) shall include the following elements related to 
        economic prosperity:
                    (A) A strategy to foster dialogue between experts 
                from the United States and from the Black Sea states on 
                economic expansion, foreign direct investment, 
                strengthening rule of law initiatives, and mitigating 
                economic coercion by Russia and the PRC.
                    (B) A strategy for the United States International 
                Development Finance Corporation and all Federal 
                departments and agencies that contribute to United 
                States economic statecraft to identify new 
                opportunities for private investment in Black Sea 
                states.
                    (C) An evaluation undertaken by United States 
                International Development Finance Corporation to 
                establish regional offices in Georgia, Ukraine, or 
                Romania.
                    (D) Assessments on energy diversification. The 
                assessment should focus on the immediate need to 
                replace energy supplies from Russia, and recognize the 
                long-term importance of broader energy diversification, 
                including clean energy initiatives.
                    (E) Assessments of potential food security 
                solutions.
            (3) Democratic resilience.--The strategy established under 
        subsection (a) shall include the following elements related to 
        democratic resilience:
                    (A) A strategy to increase independent media and 
                United States-supported media initiatives to combat 
                foreign malign influence in the Black Sea region.
                    (B) Greater mobilization of initiatives spearheaded 
                by the Global Engagement Center and the United States 
                Agency for International Development to counter Russian 
                propaganda and disinformation in the Black Sea region.
            (4) Regional connectivity.--The strategy established under 
        subsection (a) shall promote regional connectivity by sending 
        high-level representatives of the Department of State or other 
        agency partners to--
                    (A) the Black Sea region not less frequently than 
                twice a year; and
                    (B) major regional fora on infrastructure and 
                energy security, including the Three Seas Initiative 
                Summit.
    (d) Identification of Necessary Programs and Resources.--No later 
than 360 days after the date of the enactment of this Act, the 
interagency shall identify any necessary program, policy, or budgetary 
resources required, by agency, to support implementation of the Black 
Sea Security Strategy for fiscal years 2024, 2025, and 2026.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Armed Services, and the Committee on Appropriations 
                of the House of Representatives.
            (2) Black sea states.--The term ``Black Sea states'' means 
        Turkey, Romania, Bulgaria, Moldova, Ukraine, and Georgia.
            (3) Three seas initiative investment fund countries.-- The 
        term ``Three Seas Initiative Investment Fund countries'' means 
        Estonia, Latvia, Lithuania, Poland, the Czech Republic, 
        Slovakia, Hungary, Slovenia, Austria, Croatia, Romania, and 
        Bulgaria.
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