117 S4955 RS: Ukraine Human Rights Policy Act of 2022 U.S. Senate 2022-12-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Short title

This Act may be cited as the

Ukraine Human Rights Policy Act of 2022

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.

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;

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. 10101 et seq.).

Report on human rights abuses in Ukraine and against Ukrainian residents forcibly relocated to the Russian Federation

(a)

In general

The Secretary of State 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

Collection of information

The Secretary shall collect the information required under subsection (a) in consultation with the heads of other relevant Federal departments and agencies and civil society organizations.

Classified assessment of ability of United States to collect intelligence relating to war crimes and human rights abuses

(a)

In general

The Secretary of State and the Director of National Intelligence, in consultation with such elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) as the Director deems appropriate, shall submit to the committees specified in subsection (b) a classified report 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 Russian Federation-affiliated non-state groups; (2)the scope and scale of the detention and forced labor of Ukrainian nationals in Ukraine and the Russian Federation;(3)the gross abuses of human rights perpetrated inside the filtration camps and other detention centers operated by the Russian Federation or Russian Federation-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 invasion of Ukraine by the Russian Federation.(b)

Committees specified

The committees specified in this subsection are—(1)the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and(2)the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

Short title

This Act may be cited as the

Ukraine Human Rights Policy Act of 2022

Congressional oversight of mandatory imposition of sanctions with respect to transactions with persons responsible for human rights abuses

(d)

Congressional oversight

(1)

In general

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.

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, particularly sexual violence against women;(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:

Report on human rights abuses by the Russian Federation in Ukraine and against Ukrainian residents forcibly relocated

(a)

In general

The Secretary of State should 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 committed by Russian forces or persons acting on behalf of the Russian Federation in Ukraine or 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 Russian Federation-affiliated non-state groups involved in human rights abuses against civilians in Ukraine; (2)an assessment of the number of individuals, including the number of children, detained in filtration camps 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; (C)efforts to facilitate the forced adoption of Ukrainian children in violation of Ukrainian law; and (D)other serious human rights abuses; (4)to the extent practicable, an assessment of staffing levels at such camps, including such camps at which military, governmental, or other units are in charge;(5)a description, as appropriate, of United States diplomatic efforts with allies and other countries and relevant international organizations—(A)to address the gross violations of human rights against Ukrainians; (B)to prosecute individuals responsible for committing human rights violations; and (C)to hold accountable through economic sanctions, including sanctions under the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.), individuals responsible for gross violations of internationally recognized human rights against Ukrainians; (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);(7)an assessment of the use by Russian forces and Russian Federation-affiliated non-state groups of rape as a weapon of war, including the specific human rights abuses inflicted on women and girls in Ukraine; and(8)efforts undertaken by the United States to monitor the scope and scale of the impact and targeting of women and girls in particular, especially with sexual violence, within the filtration camps and other detention facilities operated by the Russian Federation or its proxies. (c)

Collection of information

The Secretary shall collect the information required under subsection (a) in consultation with the heads of other relevant Federal departments and agencies and civil society organizations.

Classified assessment of ability of United States to collect intelligence relating to war crimes and human rights abuses

(a)

In general

The Secretary of State and the Director of National Intelligence, in consultation with such elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) as the Director deems appropriate, shall submit to the committees specified in subsection (b) a classified report that assesses the ability of the United States Government to collect and analyze intelligence regarding—(1)the scope and scale of war crimes and genocide committed against individuals who reside in Ukraine by the Russian Armed Forces or Russian Federation-affiliated non-state groups; (2)the scope and scale of the detention and forced labor of Ukrainian nationals in Ukraine and the Russian Federation;(3)the scope and scale of forced adoptions of Ukrainian children; (4)the gross abuses of human rights perpetrated inside the filtration camps and other detention centers operated by the Russian Federation or Russian Federation-affiliated non-state groups; and(5)other actions of the Government of the Russian Federation that constitute gross violations of human rights related to the invasion of Ukraine by the Russian Federation.(b)

Committees specified

December 7, 2022

Reported with an amendment