[Congressional Record Volume 160, Number 151 (Thursday, December 11, 2014)]
[Senate]
[Pages S6602-S6607]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UKRAINE FREEDOM SUPPORT ACT OF 2014
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 573, S. 2828.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 2828) to impose sanctions with respect to the
Russian Federation, to provide additional assistance to
Ukraine, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Foreign Relations, with
amendments, as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italics.)
S. 2828
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Ukraine
Freedom Support Act of 2014''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy regarding Ukraine.
Sec. 4. Sanctions relating to the defense and energy sectors of the
Russian Federation.
Sec. 5. Sanctions on Russian and other foreign financial institutions.
Sec. 6. Codification of executive orders addressing the crisis in
Ukraine.
Sec. 7. Major non-NATO ally status for Ukraine, Georgia, and Moldova.
Sec. 8. Increased military assistance for the Government of Ukraine.
Sec. 9. Expanded nonmilitary assistance for Ukraine.
Sec. 10. Expanded broadcasting in countries of the former Soviet Union.
Sec. 11. Support for Russian democracy and civil society organizations.
Sec. 12. Report on non-compliance by the Russian Federation of its
obligations under the INF Treaty.
SEC. 2. DEFINITIONS.
In this Act:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'',
and ``payable-through account'' have the meanings given those
terms in section 5318A of title 31, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) Control.--The term ``control'' means--
(A) in the case of a corporation, to hold at least 50
percent (by vote or value) of the capital structure of the
corporation; or
(B) in the case of any other entity, to hold interests
representing at least 50 percent of the capital structure of
the entity.
(4) Defense article; defense service; training.--The terms
``defense article'', ``defense service'', and ``training''
have the
[[Page S6603]]
meanings given those terms in section 47 of the Arms Export
Control Act (22 U.S.C. 2794).
(5) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I),
(J), (M), or (Y) of section 5312(a)(2) of title 31, United
States Code.
(6) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 561.308 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
(7) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) National.--The term ``national'' has the meaning given
that term in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)).
(9) Person.--The term ``person'' means--
(A) an individual;
(B) a corporation, business association, partnership,
society, trust, any other nongovernmental entity,
organization, or group, or any governmental entity operating
as a business enterprise; or
(C) any successor to any entity described in subparagraph
(B).
(10) Russian person.--The term ``Russian person'' means--
(A) an individual who is a citizen or national of the
Russian Federation; or
(B) an entity organized under the laws of the Russian
Federation.
(11) Special russian crude oil project.--The term ``special
Russian crude oil project'' means a project intended to
extract crude oil from--
(A) the exclusive economic zone of the Russian Federation
in waters more than 500 feet deep;
(B) Russian Arctic offshore locations; or
(C) shale formations located in the Russian Federation.
(12) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 3. STATEMENT OF POLICY REGARDING UKRAINE.
It is the policy of the United States to further assist the
Government of Ukraine in restoring its sovereignty and
territorial integrity to deter the Government of the Russian
Federation from further destabilizing and invading Ukraine
and other independent countries in Eastern Europe and Central
Asia. That policy shall be carried into effect, among other
things, through a comprehensive effort, in coordination with
allies and partners of the United States where appropriate,
that includes economic sanctions, diplomacy, assistance for
the people of Ukraine, and the provision of military
capabilities to the Government of Ukraine that will enhance
the ability of that Government to defend itself and to
restore its sovereignty and territorial integrity in the face
of unlawful actions by the Government of the Russian
Federation.
SEC. 4. SANCTIONS RELATING TO THE DEFENSE AND ENERGY SECTORS
OF THE RUSSIAN FEDERATION.
(a) Sanctions Relating to the Defense Sector.--
(1) Rosoboronexport.--Except as provided in subsection (d),
not later than 30 days after the date of the enactment of
this Act, the President shall impose 3 or more of the
sanctions described in subsection (c) with respect to
Rosoboronexport.
(2) Russian producers, transferors, or brokers of defense
articles.--Except as provided in subsection (d), not later
than 45 days after the date of the enactment of this Act, the
President shall impose 3 or more of the sanctions described
in subsection (c) with respect to a person the President
determines--
(A) is an entity--
(i) owned by the Government of the Russian Federation or
controlled by nationals of the Russian Federation; and
(ii) that--
(I) manufactures or sells defense articles transferred into
Syria or into the territory of a specified country without
the consent of the internationally recognized government of
that country;
(II) transfers defense articles into Syria or into the
territory of a specified country without the consent of the
internationally recognized government of that country; or
(III) brokers or otherwise assists in the transfer of
defense articles into Syria or into the territory of a
specified country without the consent of the internationally
recognized government of that country; or
(B) knowingly, on or after the date of the enactment of
this Act, assists, sponsors, or provides financial, material,
or technological support for, or goods or services to or in
support of, an entity described in subparagraph (A) with
respect to an activity described in clause (ii) of that
subparagraph.
(3) Specified country defined.--
(A) In general.--In this subsection, the term ``specified
country'' means--
(i) Ukraine, Georgia, and Moldova; and
(ii) any other country designated by the President as a
country of significant concern for purposes of this
subsection, such as Poland, Lithuania, Latvia, Estonia, and
the Central Asia republics.
(B) Notice to congress.--The President shall notify the
appropriate congressional committees in writing not later
than 15 days before--
(i) designating a country as a country of significant
concern under subparagraph (A)(ii); or
(ii) terminating a designation under that subparagraph,
including the termination of any such designation pursuant to
[subsection (g)] subsection (h).
(b) Sanctions Related to the Energy Sector.--
(1) Development of special russian crude oil projects.--
Except as provided in subsection (d), not later than 45 days
after the date of the enactment of this Act, the President
shall impose 3 or more of the sanctions described in
subsection (c) with respect to a person if the President
determines that the person knowingly makes a significant
investment in a special Russian crude oil project.
(2) Authorization for extension of licensing limitations on
certain equipment.--The President, through the Bureau of
Industry and Security of the Department of Commerce or the
Office of Foreign Assets Control of the Department of the
Treasury, as appropriate, may impose additional licensing
requirements for or other restrictions on the export or
reexport of items for use in the energy sector of the Russian
Federation, including equipment used for tertiary oil
recovery.
(3) Contingent sanction relating to gazprom.--If the
President determines that Gazprom is withholding significant
natural gas supplies from member countries of the North
Atlantic Treaty Organization, or further withholds
significant natural gas supplies from countries such as
Ukraine, Georgia, or Moldova, the President shall, not later
than 45 days after making that determination, impose the
sanction described in subsection (c)(7) and at least one
additional sanction described in subsection (c) with respect
to Gazprom.
(c) Sanctions Described.--The sanctions the President may
impose with respect to a foreign person under subsection (a)
or (b) are the following:
(1) Export-import bank assistance.--The President may
direct the Export-Import Bank of the United States not to
approve the issuance of any guarantee, insurance, extension
of credit, or participation in the extension of credit in
connection with the export of any goods or services to the
foreign person.
(2) Procurement sanction.--The President may prohibit the
head of any executive agency (as defined in section 133 of
title 41, United States Code) from entering into any contract
for the procurement of any goods or services from the foreign
person.
(3) Arms export prohibition.--The President may prohibit
the exportation or provision by sale, lease or loan, grant,
or other means, directly or indirectly, of any defense
article or defense service to the foreign person and the
issuance of any license or other approval to the foreign
person under section 38 of the Arms Export Control Act (22
U.S.C. 2778).
(4) Dual-use export prohibition.--The President may
prohibit the issuance of any license and suspend any license
for the transfer to the foreign person of any item the export
of which is controlled under the Export Administration Act of
1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.)) or the Export Administration Regulations under
subchapter C of chapter VII of title 15, Code of Federal
Regulations.
(5) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using, transferring,
withdrawing, transporting, or exporting any property that is
subject to the jurisdiction of the United States and with
respect to which the foreign person has any interest;
(B) dealing in or exercising any right, power, or privilege
with respect to such property; or
(C) conducting any transaction involving such property.
(6) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial
institutions or by, through, or to any financial institution,
to the extent that such transfers or payments are subject to
the jurisdiction of the United States and involve any
interest of the foreign person.
(7) Prohibition on investment in equity or debt of
sanctioned person.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
United States person from investing in or purchasing
significant amounts of equity or debt instruments of the
foreign person.
(8) Exclusion from the united states and revocation of visa
or other documentation.--In the case of a foreign person who
is an individual, the President may direct the Secretary of
State to deny a visa to, and the Secretary of Homeland
Security to exclude from the United States, the foreign
person, subject to regulatory exceptions to permit the United
States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the
[[Page S6604]]
United States, or other applicable international obligations.
(9) Sanctions on principal executive officers.--In the case
of a foreign person that is an entity, the President may
impose on the principal executive officer or officers of the
foreign person, or on individuals performing similar
functions and with similar authorities as such officer or
officers, any of the sanctions described in this subsection
applicable to individuals.
(d) Exceptions.--
(1) Importation of goods.--
(A) In general.--The authority to block and prohibit all
transactions in all property and interests in property under
subsection (c)(5) shall not include the authority to impose
sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term ``good'' has
the meaning given that term in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415) (as
continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)).
(2) Additional exceptions.--The President shall not be
required to apply or maintain the sanctions under subsection
(a) or (b)--
(A) in the case of procurement of defense articles or
defense services--
(i) under existing contracts or subcontracts, including the
exercise of options for production quantities to satisfy
requirements essential to the national security of the United
States;
(ii) if the President determines in writing that--
(I) the person to which the sanctions would otherwise be
applied is a sole source supplier of the defense articles or
services;
(II) the defense articles or services are essential;
(III) alternative sources are not readily or reasonably
available; and
(IV) the national interests of the United States would be
adversely affected by the application or maintenance of such
sanctions; or
(iii) if the President determines in writing that--
(I) such articles or services are essential to the national
security under defense coproduction agreements; and
(II) the national interests of the United States would be
adversely affected by the application or maintenance of such
sanctions;
(B) in the case of procurement, to eligible products, as
defined in section 308(4) of the Trade Agreements Act of 1979
(19 U.S.C. 2518(4)), of any foreign country or
instrumentality designated under section 301(b)(1) of that
Act (19 U.S.C. 2511(b)(1));
(C) to products, technology, or services provided under
contracts entered into before the date on which the President
publishes in the Federal Register the name of the person with
respect to which the sanctions are to be imposed;
(D) to--
(i) spare parts that are essential to United States
products or production;
(ii) component parts, but not finished products, essential
to United States products or production; or
(iii) routine servicing and maintenance of United States
products, to the extent that alternative sources are not
readily or reasonably available;
(E) to information and technology essential to United
States products or production; or
(F) to food, medicine, medical devices, or agricultural
commodities (as those terms are defined in section 101 of the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 (22 U.S.C. 8511)).
(e) National Security Waiver.--
(1) In general.--The President may waive the application of
sanctions under subsection (a) or (b) with respect to a
person if the President--
(A) determines that the waiver is in the national security
interest of the United States; and
(B) submits to the appropriate congressional committees a
report on the determination and the reasons for the
determination.
(2) Form of report.--The report required by paragraph
(1)(B) shall be submitted in unclassified form, but may
include a classified annex.
(f) Transaction-specific National Security Waiver.--
(1) In general.--The President may waive the application of
sanctions under subsection (a) or (b) with respect to a
specific transaction if the President--
(A) determines that the transaction is in the national
security interest of the United States; and
(B) submits to the appropriate congressional committees a
detailed report on the determination and the specific reasons
for the determination that a waiver with respect to the
transaction is necessary and appropriate.
(2) Form of report.--The report required by paragraph
(1)(B) shall be submitted in unclassified form, but may
include a classified annex.
(g) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, or conspires to violate,
or causes a violation of, subsection (a) or (b) of this
section, or an order or regulation prescribed under either
such subsection, to the same extent that such penalties apply
to a person that commits an unlawful act described in section
206(a) of the International Emergency Economic Powers Act.
[(h) Termination.--This section, and sanctions imposed
under this section, shall terminate on the date on which the
President submits to the appropriate congressional committees
a certification that the Government of the Russian Federation
has ceased ordering, controlling, or otherwise directing,
supporting, or financing, significant acts intended to
undermine the peace, security, stability, sovereignty, or
territorial integrity of Ukraine, Georgia, and Moldova.]
(h) Termination.--This section, and sanctions imposed under
this section, shall terminate on the date on which the
President submits to the appropriate congressional committees
a certification that the Government of the Russian Federation
has ceased ordering, controlling, or otherwise directing,
supporting, or financing, significant acts intended to
undermine the peace, security, stability, sovereignty, or
territorial integrity of Ukraine, Georgia, and Moldova,
including through an agreement between the appropriate
parties.
SEC. 5. SANCTIONS ON RUSSIAN AND OTHER FOREIGN FINANCIAL
INSTITUTIONS.
(a) Facilitation of Certain Defense- and Energy-Related
Transactions.--The President may impose the sanction
described in subsection (c) with respect to a foreign
financial institution that the President determines engages,
on or after the date of the enactment of this Act, in
significant transactions involving--
(1) persons with respect to which sanctions are imposed
under section 4; and
(2) activities described in subsection (a) or (b) of that
section.
(b) Facilitation of Financial Transactions on Behalf of
Specially Designated Nationals.--The President may impose the
sanction described in subsection (c) with respect to a
foreign financial institution if the President determines
that the foreign financial institution has, on or after the
date that is 180 days after the date of the enactment of this
Act, knowingly facilitated a significant financial
transaction on behalf of any Russian person 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, pursuant to--
(1) this Act;
(2) Executive Order 13660 (79 Fed. Reg. 13,493), 13661 (79
Fed. Reg. 15,535), or 13662 (79 Fed. Reg. 16,169); or
(3) any other executive order addressing the crisis in
Ukraine.
(c) Sanction Described.--The sanction described in this
subsection is, with respect to a foreign financial
institution, a prohibition on the opening, and a prohibition
or the imposition of strict conditions on the maintaining, in
the United States of a correspondent account or a payable-
through account by the foreign financial institution.
(d) National Security Waiver.--The President may waive the
application of sanctions under this section with respect to a
foreign financial institution if the President--
(1) determines that the waiver is in the national security
interest of the United States; and
(2) submits to the appropriate congressional committees a
report on the determination and the reasons for the
determination.
(e) Termination.--This section, and sanctions imposed under
this section, shall terminate on the date on which the
President submits to the appropriate congressional committees
the certification described in section 4(h).
SEC. 6. CODIFICATION OF EXECUTIVE ORDERS ADDRESSING THE
CRISIS IN UKRAINE.
(a) In General.--United States[United States] sanctions
with respect to the Russian Federation provided for in
Executive Orders 13660 (79 Fed. Reg. 13,493), 13661 (79 Fed.
Reg. 15,535), and 13662 (79 Fed. Reg. 16,169), as in effect
on the day before the date of the enactment of this Act,
shall remain in effect until the date on which the President
submits to the appropriate congressional committees the
certification described in section 4(h).
(b) Exceptions and Waivers.--Sanctions referred to in
subsection (a) shall, as appropriate, be subject to the
exceptions and waivers provided for in subsections (d), (e),
and (f) of section 4.
SEC. 7. MAJOR NON-NATO ALLY STATUS FOR UKRAINE, GEORGIA, AND
MOLDOVA.
Section 517 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321k) is amended by adding at the end the following:
``(c) Additional Designations.--
``(1) In general.--Effective on the date of the enactment
of the Ukraine Freedom Support Act of 2014, Ukraine, Georgia,
and Moldova are each designated as a major non-NATO ally for
purposes of this Act and the Arms Export Control Act (22
U.S.C. 2751 et seq.).
``(2) Notice of termination of designation.--The President
shall notify Congress in accordance with subsection (a)(2)
before terminating the designation of a country specified in
paragraph (1).''.
SEC. 8. INCREASED MILITARY ASSISTANCE FOR THE GOVERNMENT OF
UKRAINE.
(a) In General.--The President is authorized to provide
defense articles, defense services, and training to the
Government of Ukraine for the purpose of countering offensive
weapons and reestablishing the sovereignty and territorial
integrity of Ukraine,
[[Page S6605]]
including anti-tank and anti-armor weapons, crew weapons and
ammunition, counter-artillery radars to identify and target
artillery batteries, fire control, range finder, and optical
and guidance and control equipment, tactical troop-operated
surveillance drones, and secure command and communications
equipment, pursuant to the provisions of the Arms Export
Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), and other relevant
provisions of law.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the President shall submit a
report detailing the anticipated defense articles, defense
services, and training to be provided pursuant to this
section and a timeline for the provision of such defense
articles, defense services, and training, to--
(1) the Committee on Foreign Relations, the Committee on
Appropriations, and the Committee on Armed Services of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on Armed Services of the
House of Representatives.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of State $350,000,000 for fiscal year 2015 to
carry out activities under this section.
(2) Availability of amounts.--Amounts authorized to be
appropriated pursuant to paragraph (1) shall remain available
for obligation and expenditure through the end of fiscal year
2017.
(d) Authority for the Use of Funds.--The funds made
available pursuant to subsection (c) for provision of defense
articles, defense services, and training may be used to
procure such articles, services, and training from the United
States Government or other appropriate sources.
SEC. 9. EXPANDED NONMILITARY ASSISTANCE FOR UKRAINE.
(a) Assistance to Internally Displaced People in Ukraine.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall
submit a plan, including actions by the United States
Government, other governments, and international
organizations, to meet the need for protection of and
assistance for internally displaced persons in Ukraine, to--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, and the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on Energy and Commerce of
the House of Representatives.
(2) Elements.--The plan required by paragraph (1) should
include, as appropriate, activities in support of--
(A) helping to establish a functional and adequately
resourced central registration system in Ukraine that can
ensure coordination of efforts to provide assistance to
internally displaced persons in different regions;
(B) encouraging adoption of legislation in Ukraine that
protects internally displaced persons from discrimination
based on their status and provides simplified procedures for
obtaining the new residency registration or other official
documentation that is a prerequisite to receiving appropriate
social payments under the laws of Ukraine, such as pensions,
and disability, child, and unemployment benefits; and
(C) helping to ensure that information is available to
internally displaced persons about--
(i) government agencies and independent groups that can
provide assistance to such persons in various regions; and
(ii) evacuation assistance available to persons seeking to
flee armed conflict areas.
(3) Assistance through international organizations.--The
President shall instruct the United States permanent
representative or executive director, as the case may be, to
the relevant United Nations voluntary agencies, including the
United Nations High Commissioner for Refugees and the United
Nations Office for the Coordination of Humanitarian Affairs,
and other appropriate international organizations, to use the
voice and vote of the United States to support appropriate
assistance for internally displaced persons in Ukraine.
(b) Assistance to the Defense Sector of Ukraine.--The
Secretary of State and the Secretary of Defense should assist
entities in the defense sector of Ukraine to reorient exports
away from customers in the Russian Federation and to find
appropriate alternative markets for those entities in the
defense sector of Ukraine that have already significantly
reduced exports to and cooperation with entities in the
defense sector of the Russian Federation.
(c) Assistance To Address the Energy Crisis in Ukraine.--
(1) Emergency energy assistance.--
(A) Plan required.--The Secretary of State and the
Secretary of Energy, in collaboration with the Administrator
of the United States Agency for International Development and
the Administrator of the Federal Emergency Management Agency,
shall work with officials of the Government of Ukraine to
develop a short-term emergency energy assistance plan
designed to help Ukraine address the potentially severe
short-term, heating fuel and electricity shortages facing
Ukraine in 2014 and 2015.
(B) Elements.--The plan required by subparagraph (A) should
include strategies to address heating fuel and electricity
shortages in Ukraine, including, as appropriate--
(i) the acquisition of short-term, emergency fuel supplies;
(ii) the repair or replacement of infrastructure that could
impede the transmission of electricity or transportation of
fuel;
(iii) the prioritization of the transportation of fuel
supplies to the areas where such supplies are needed most;
(iv) streamlining emergency communications throughout
national, regional, and local governments to manage the
potential energy crisis resulting from heating fuel and
electricity shortages;
(v) forming a crisis management team within the Government
of Ukraine to specifically address the potential crisis,
including ensuring coordination of the team's efforts with
the efforts of outside governmental and nongovernmental
entities providing assistance to address the potential
crisis; and
(vi) developing a public outreach strategy to facilitate
preparation by the population and communication with the
population in the event of a crisis.
(C) Assistance.--The Secretary of State, the Secretary of
Energy, and the Administrator of the United States Agency for
International Development are authorized to provide
assistance in support of, and to invest in short-term
solutions for, enabling Ukraine to secure the energy safety
of the people of Ukraine during 2014 and 2015, including
through--
(i) procurement and transport of emergency fuel supplies,
including reverse pipeline flows from Europe;
(ii) provision of technical assistance for crisis planning,
crisis response, and public outreach;
(iii) repair of infrastructure to enable the transport of
fuel supplies;
(iv) repair of power generating or power transmission
equipment or facilities;
(v) procurement and installation of compressors or other
appropriate equipment to enhance short-term natural gas
production;
(vi) procurement of mobile electricity generation units;
[and]
(vii) conversion of natural gas heating facilities to run
on other fuels, including alternative energy sources[.]; and
(viii) provision of emergency weatherization and
winterization materials and supplies.
(D) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of State, the Secretary
of Energy, and the Administrator of the United States Agency
for International Development $50,000,000 in the aggregate
for fiscal year 2015 to carry out activities under this
paragraph.
(2) Reduction of ukraine's reliance on energy imports.--
(A) Plans required.--The Secretary of State, in
collaboration with the Secretary of Energy and the
Administrator of the United States Agency for International
Development, shall work with officials of the Government of
Ukraine to develop medium- and long-term plans to increase
energy production and efficiency to increase energy security
by helping Ukraine reduce its dependence on natural gas
imported from the Russian Federation.
(B) Elements.--The medium- and long-term plans required by
subparagraph (A) should include strategies, as appropriate,
to--
(i) improve corporate governance and unbundling of state-
owned oil and gas sector firms;
(ii) increase production from natural gas fields and from
other sources, including renewable energy;
(iii) license new oil and gas blocks transparently and
competitively;
(iv) modernize oil and gas upstream infrastructure; and
(v) improve energy efficiency.
(C) Prioritization.--The Secretary of State, the
Administrator of the United States Agency for International
Development, and the Secretary of Energy should, during
fiscal years 2015 through 2017, work with other donors,
including multilateral agencies and nongovernmental
organizations, to prioritize, to the extent practicable and
as appropriate, the provision of assistance from such donors
to help Ukraine to improve energy efficiency, increase energy
supplies produced in Ukraine, and reduce reliance on energy
imports from the Russian Federation, including natural gas.
(D) Authorization of appropriations.--There are authorized
to be appropriated $50,000,000 in the aggregate for fiscal
years 2015 through 2017 to carry out activities under this
paragraph.
(3) Support from the overseas private investment
corporation.--The Overseas Private Investment Corporation
shall--
(A) prioritize, to the extent practicable, support for
investments to help increase energy efficiency, develop
domestic oil and natural gas reserves, improve and repair
electricity infrastructure, and develop renewable and other
sources of energy in Ukraine; and
(B) implement procedures for expedited review and, as
appropriate, approval, of applications by eligible investors
(as defined in section 238 of the Foreign Assistance Act of
1961 (22 U.S.C. 2198)) for loans, loan guarantees, and
insurance for such investments.
(4) Support by the world bank group and the european bank
for reconstruction and development.--The President shall, to
the
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extent practicable and as appropriate, direct the United
States Executive Directors of the World Bank Group and the
European Bank for Reconstruction and Development to use the
voice, vote, and influence of the United States to encourage
the World Bank Group and the European Bank for Reconstruction
and Development and other international financial
institutions--
(A) to invest in, and increase their efforts to promote
investment in, projects to improve energy efficiency, improve
and repair electricity infrastructure, develop domestic oil
and natural gas reserves, and develop renewable and other
sources of energy in Ukraine; and
(B) to stimulate private investment in such projects.
(d) Assistance to Civil Society in Ukraine.--
(1) In general.--The Secretary of State and the
Administrator of the United States Agency for International
Development shall, directly or through nongovernmental or
international [organizations] organizations, such as the
Organization for Security and Co-operation in Europe, the
National Endowment for Democracy, and related organizations--
(A) strengthen the organizational and operational capacity
of democratic civil society in Ukraine;
(B) support the efforts of independent media outlets to
broadcast, distribute, and share information in all regions
of Ukraine;
(C) counter corruption and improve transparency and
accountability of institutions that are part of the
Government of Ukraine; and
(D) provide support for democratic organizing and election
monitoring in Ukraine.
(2) Strategy required.--Not later than 60 days after the
date of the enactment of this Act, the President shall submit
a strategy to carry out the activities described in paragraph
(1) [to the committees specified in subsection (a)(1).] to--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of State $20,000,000 for
fiscal year 2015 to carry out this subsection.
(4) Transparency requirements.--Any assistance provided
pursuant to this subsection shall be conducted in as
transparent of a manner as possible, consistent with the
nature and goals of this subsection. The President shall
provide a briefing on the activities funded by this
subsection at the request of the committees specified in
paragraph (2).
SEC. 10. EXPANDED BROADCASTING IN COUNTRIES OF THE FORMER
SOVIET UNION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Chairman of the Broadcasting
Board of Governors shall submit to Congress a plan, including
a cost estimate, for immediately and substantially
increasing, and maintaining through fiscal year 2017, the
quantity of Russian-language broadcasting into the countries
of the former Soviet Union funded by the United States in
order to counter Russian Federation propaganda.
(b) Prioritization of Broadcasting Into Ukraine, Georgia,
and Moldova.--The plan required by subsection (a) shall
prioritize broadcasting into Ukraine, Georgia, and Moldova by
the Voice of America and Radio Free Europe/Radio Liberty.
(c) Additional Priorities.--In developing the plan required
by subsection (a), the Chairman shall consider--
(1) near-term increases in Russian-language broadcasting
for countries of the former Soviet Union (other than the
countries specified in subsection (b)), including Latvia,
Lithuania, and Estonia; and
(2) increases in broadcasting in other critical languages,
including Ukrainian and Romanian languages.
(d) Broadcasting Defined.--In this section, the term
``broadcasting'' means the distribution of media content via
radio broadcasting, television broadcasting, and Internet-
based platforms, among other platforms.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Broadcasting Board of Governors $10,000,000 for each of
fiscal years 2015 through 2017 to carry out activities under
this section.
(2) Supplement not supplant.--Amounts authorized to be
appropriated pursuant to paragraph (1) shall supplement and
not supplant other amounts made available for activities
described in this section.
SEC. 11. SUPPORT FOR RUSSIAN DEMOCRACY AND CIVIL SOCIETY
ORGANIZATIONS.
(a) In General.--The Secretary of State shall, directly or
through nongovernmental or international organizations, such
as the Organization for Security and Co-operation in Europe,
the National Endowment for Democracy, and related
organizations--
(1) improve democratic governance, transparency,
accountability, rule of law, and anti-corruption efforts in
the Russian Federation;
(2) strengthen democratic institutions and political and
civil society organizations in the Russian Federation;
(3) expand uncensored Internet access in the Russian
Federation; and
(4) expand free and unfettered access to independent media
of all kinds in the Russian Federation, including through
increasing United States Government-supported broadcasting
activities, and assist with the protection of journalists and
civil society activists who have been targeted for free
speech activities.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of State $20,000,000 for
each of fiscal years 2015 through 2017 to carry out the
activities set forth in subsection (a).
(c) Strategy Requirement.--Not later than 60 days after the
date of the enactment of this Act, the President shall submit
a strategy to carry out the activities set forth in
subsection (a) to--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(d) Transparency Requirements.--Any assistance provided
pursuant to this section shall be conducted in as transparent
of a manner as possible, consistent with the nature and goals
of this section. The President shall provide a briefing on
the activities funded by this section at the request of the
committees specified in subsection (c).
SEC. 12. REPORT ON NON-COMPLIANCE BY THE RUSSIAN FEDERATION
OF ITS OBLIGATIONS UNDER THE INF TREATY.
(a) Findings.--Congress makes the following findings:
(1) The Russian Federation is in violation of its
obligations under the Treaty between the United States of
America and the Union of Soviet Socialist Republics on the
Elimination of Their Intermediate-Range and Shorter-Range
Missiles, signed at Washington December 8, 1987, and entered
into force June 1, 1988 (commonly referred to as the
``Intermediate-Range Nuclear Forces Treaty'' or ``INF
Treaty'').
(2) This behavior poses a threat to the United States, its
deployed forces, and its allies.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should hold the Russian Federation
accountable for being in violation of its obligations under
the INF Treaty; and
(2) the President should demand the Russian Federation
completely and verifiably eliminate the military systems that
constitute the violation of its obligations under the INF
Treaty.
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter, the
President shall submit to the committees specified in
subsection (d) a report that includes the following elements:
(A) A description of the status of the President's efforts,
in cooperation with United States allies, to hold the Russian
Federation accountable for being in violation of its
obligations under the INF Treaty and obtain the complete and
verifiable elimination of its military systems that
constitute the violation of its obligations under the INF
Treaty.
(B) The President's assessment as to whether it remains in
the national security interests of the United States to
remain a party to the INF Treaty, and other related treaties
and agreements, while the Russian Federation is in violation
of its obligations under the INF Treaty.
(C) Notification of any deployment by the Russian
Federation of a ground launched ballistic or cruise missile
system with a range of between 500 and 5,500 kilometers.
(D) A plan developed by the Secretary of State, in
consultation with the Director of National Intelligence and
the Defense Threat Reduction Agency (DTRA), to verify that
the Russian Federation has fully and completely dismantled
any ground launched cruise missiles or ballistic missiles
with a range of between 500 and 5,500 kilometers, including
details on facilities that inspectors need access to, people
inspectors need to talk with, how often inspectors need the
accesses for, and how much the verification regime would
cost.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
Mr. JOHNSON of South Dakota. Mr. President, the Banking Committee has
jurisdiction over economic, trade, banking, and financial sanctions.
During the last year, I have worked with my colleagues in Congress to
authorize the President to impose tough sanctions targeting President
Putin and his cronies, and he has enlisted our allies in that effort.
We all agree that if Putin continues to intimidate the people of
Ukraine he must face intensifying economic and political isolation.
But unlike with the sanctions bill enacted earlier this year, the
Foreign Relations Committee did not consult the Banking Committee on
this bill prior to its markup. Even so, my staff has worked
cooperatively with Foreign Relations staff in recent weeks to fix many
of the most significant textual problems which would have made its
implementation unworkable. Those negotiations have now progressed to a
point where I have been satisfied with the changes included in the
substitute amendment. While it is still not perfect and contains some
provisions
[[Page S6607]]
which in my view are unnecessary, we have made substantial progress.
The President has worked to impose punishing sanctions on Russia,
maximizing their effect on Russia while minimizing their effect on the
U.S. and Western allies. I heard personally from Secretary Lew the
administration's concern that the mandatory global energy sanctions in
a prior version of this bill could have driven a wedge between the U.S.
and our allies. They could have ensnared potentially hundreds of our
allies' businesses--including firms whose governments in Europe and
elsewhere may otherwise be working with us to isolate Russia. That
problem has now been resolved, and the substitute now gives the
President discretion to target firms involved in these activities
should he so choose. I am confident he will now be able to implement
these measures in a way which is sensitive to the concerns of our
allies, and which can protect innocent U.S. investors in pension funds,
mutual funds, and emerging market funds which hold stock in European,
Asian or other firms subject to potential sanction under the bill.
Sanctions should offer the President flexibility to continue to work
with allies to maximize pressure on Russia as its economy reels under
the stress of sanctions, falling world oil prices, and a falling ruble.
I support the aid to Ukraine authorized in this bill, and I support
further sanctions on Russia that will not drive a wedge between the
U.S. and our allies, that will protect innocent U.S. investors, and
that can be implemented with minimal confusion or delay. I am glad we
were able finally to reach agreement on the bill and appreciate the
cooperation of my colleagues in this effort.
Mr. DURBIN. I further ask unanimous consent that the committee-
reported amendments be withdrawn; the Menendez-Corker substitute
amendment, which is at the desk, be agreed to; the bill, as amended, be
read a third time; and the Senate proceed to vote on passage of the
bill, as amended.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The committee-reported amendments were withdrawn.
The amendment (No. 4092) in the nature of a substitute was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. If there is no further debate, the bill having
been read the third time, the question is, Shall it pass?
The bill (S. 2828), as amended, was passed.
Mr. DURBIN. Mr. President, I ask unanimous consent that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
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