    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-95
    113th Congress

    An Act

    To provide for the costs of loan guarantees for Ukraine. <>

    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 ``Support for the Sovereignty,
    Integrity, Democracy, and Economic Stability of Ukraine Act of 2014''.
    SEC. 2. DEFINITIONS.

    In this Act:
    (1) Alien.--The term ``alien'' has the meaning given that
    term in section 101(a) of the Immigration and Nationality Act (8
    U.S.C. 1101(a)).
    (2) Appropriate congressional committees.--The term
    ``appropriate congressional committees'' means--
    (A) the Committee on Foreign Relations, the Select
    Committee on Intelligence, the Committee on
    Appropriations, and the majority leader and minority
    leader of the Senate; and
    (B) the Committee on Foreign Affairs, the Permanent
    Select Committee on Intelligence, the Committee on
    Appropriations, and the Speaker and minority leader of
    the House of Representatives.
    (3) Materially assisted.--The term ``materially assisted''
    means the provision of assistance that is significant and of a
    kind directly relevant to acts described in paragraph (1), (2),
    or (3) of section 8(a) or acts described in section 9(a)(1).
    (4) 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. UNITED STATES POLICY TOWARD
    UKRAINE.

    It is the policy of the United States--
    (1) to condemn the unjustified military intervention of the
    Russian Federation in the Crimea region of Ukraine and its
    concurrent occupation of that region, as well as any other form
    of political, economic, or military aggression against Ukraine;

    [[Page 1089]]

    (2) to reaffirm the commitment of the United States to, and
    to remind Russia of its ongoing commitment to, the 1994 Budapest
    Memorandum on Security Assurances, which was executed jointly
    with the Russian Federation and the United Kingdom and
    explicitly secures the independence, sovereignty, and
    territorial integrity and borders of Ukraine, and to demand the
    immediate cessation of improper activities, including the
    seizures of airfields and other locations, and the immediate
    return of Russian forces to their barracks;
    (3) to work with United States partners in the European
    Union, the North Atlantic Treaty Organization, and at the United
    Nations to ensure that all nations recognize and not undermine,
    nor seek to undermine, the independence, sovereignty, or
    territorial or economic integrity of Ukraine;
    (4) to use all appropriate economic elements of United
    States national power, in coordination with United States
    allies, to protect the independence, sovereignty, and
    territorial and economic integrity of Ukraine;
    (5) to support the people of Ukraine in their desire to
    forge closer ties with Europe, including signing an Association
    Agreement with the European Union as a means to address endemic
    corruption, consolidate democracy, and achieve sustained
    prosperity;
    (6) to use the voice and vote of the United States to secure
    sufficient resources through the International Monetary Fund to
    support needed economic structural reforms in Ukraine under
    conditions that will reinforce a sovereign decision by the
    Government of Ukraine to sign and implement an association
    agreement with the European Union;
    (7) to help the Government of Ukraine prepare for the
    presidential election in May 2014;
    (8) to reinforce the efforts of the Government of Ukraine to
    bring to justice those responsible for the acts of violence
    against peaceful protestors and other unprovoked acts of
    violence related to the antigovernment protests in that began on
    November 21, 2013;
    (9) to support the efforts of the Government of Ukraine to
    recover and return to the Ukrainian state funds stolen by former
    President Yanukovych, his family, and other current and former
    members of the Ukrainian government and elites;
    (10) to support the continued professionalization of the
    Ukrainian military;
    (11) to condemn economic extortion by the Russian Federation
    against Ukraine, Moldova, Lithuania, and other countries in the
    region designed to obstruct closer ties between the European
    Union and the countries of the Eastern Partnership and to reduce
    the harmful consequences of such extortion;
    (12) to condemn the continuing and long-standing pattern and
    practice by the Government of the Russian Federation of physical
    and economic aggression toward neighboring countries;
    (13) to enhance and extend our security cooperation with,
    security assistance to, and military exercises conducted with,
    states in Central and Eastern Europe, including North Atlantic
    Treaty Organization (NATO) member countries, NATO aspirants, and
    appropriate Eastern Partnership countries;

    [[Page 1090]]

    (14) to reaffirm United States defense commitments to its
    treaty allies under Article V of the North Atlantic Treaty;
    (15) that the continued participation of the Russian
    Federation in the Group of Eight (G-8) nations should be
    conditioned on the Government of the Russian Federation
    respecting the territorial integrity of its neighbors and
    accepting and adhering to the norms and standards of free,
    democratic societies as generally practiced by every other
    member nation of the G-8 nations;
    (16) to explore ways for the United States Government to
    assist the countries of Central and Eastern Europe to diversify
    their energy sources and achieve energy security; and
    (17) to ensure the United States maintains its predominant
    leadership position and influence within the International
    Monetary Fund, and to guarantee the International Monetary Fund
    has the resources and governance structure necessary to support
    structural reforms in Ukraine and respond to and prevent a
    potentially serious financial crisis in Ukraine or other foreign
    economic crises that threatens United States national security.
    SEC. <>  4. PROVISION OF COSTS OF LOAN
    GUARANTEES FOR UKRAINE.

    (a) In General.--From the unobligated balance of amounts
    appropriated or otherwise made available under the heading ``economic
    support fund'' under the heading ``Funds Appropriated to the President''
    in title III of the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2014 (division K of Public Law 113-76) and
    in Acts making appropriations for the Department of State, foreign
    operations, and related programs for preceding fiscal years (other than
    amounts designated pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
    901(b)(2)(A))), amounts shall be made available for the costs (as
    defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
    661a)) of loan guarantees for Ukraine that are hereby authorized to be
    provided under this Act.
    (b) Inapplicability of Certain Limitations.--Amounts made available
    for the costs of loan guarantees for Ukraine pursuant to subsection (a)
    shall not be considered ``assistance'' for the purpose of provisions of
    law limiting assistance to Ukraine.
    SEC. <>  5. RECOVERY OF ASSETS
    LINKED TO GOVERNMENTAL CORRUPTION IN UKRAINE.

    (a) <>  Asset Recovery.--The Secretary of
    State, in coordination with the Attorney General and the Secretary of
    the Treasury, shall assist, on an expedited basis as appropriate, the
    Government of Ukraine to identify, secure, and recover assets linked to
    acts of corruption by Viktor Yanukovych, members of his family, or other
    former or current officials of the Government of Ukraine or their
    accomplices in any jurisdiction through appropriate programs, including
    the Kleptocracy Asset Recovery Initiative of the Department of Justice.

    (b) Coordination.--Any asset recovery efforts undertaken pursuant to
    subsection (a) shall be coordinated through the relevant bilateral or
    multilateral entities, including, as appropriate, the Egmont Group of
    Financial Intelligence Units, the Stolen Asset Recovery Initiative of
    the World Bank Group and the United Nations Office on Drugs and Crime,
    the Camden Asset Recovery

    [[Page 1091]]

    Inter-Agency Network, and the Global Focal Point Initiative of the
    International Criminal Police Organization (INTERPOL).
    (c) Investigative Assistance.--The Secretary of State, in
    coordination with the Attorney General, shall assist the Government of
    Ukraine, the European Union, and other appropriate countries, on an
    expedited basis, with formal and informal investigative assistance and
    training, as appropriate, to support the identification, seizure, and
    return to the Government of Ukraine of assets linked to acts of
    corruption.
    (d) Priority Assigned.--The Secretary of the Treasury shall ensure
    that the Financial Crimes Enforcement Network of the Department of the
    Treasury assists the Government of Ukraine, the European Union, and
    other appropriate countries under section 314(a) of the Uniting and
    Strengthening America by Providing Appropriate Tools Required to
    Intercept and Obstruct Terrorism Act of 2001 (31 U.S.C. 5311 note).
    SEC. <>  6. DEMOCRACY, CIVIL SOCIETY,
    GOVERNANCE, AND TECHNICAL ASSISTANCE FOR
    UKRAINE AND OTHER STATES IN CENTRAL AND
    EASTERN EUROPE.

    (a) In General.--The Secretary of State shall, subject to the
    availability of appropriations, directly or through nongovernmental
    organizations--
    (1) improve democratic governance, transparency,
    accountability, rule of law, and anti-corruption efforts in
    Ukraine;
    (2) support efforts by the Government of Ukraine to foster
    greater unity among the people and regions of the country;
    (3) support the people and Government of Ukraine in
    preparing to conduct and contest free and fair elections,
    including through domestic and international election
    monitoring;
    (4) assist in diversifying Ukraine's economy, trade, and
    energy supplies, including at the national, regional, and local
    levels;
    (5) strengthen democratic institutions and political and
    civil society organizations in Ukraine;
    (6) expand free and unfettered access to independent media
    of all kinds in Ukraine and assist with the protection of
    journalists and civil society activists who have been targeted
    for free speech activities;
    (7) support political and economic reform initiatives by
    Eastern Partnership countries; and
    (8) support the efforts of the Government of Ukraine, civil
    society, and international organizations to enhance the economic
    and political empowerment of women in Ukraine and to prevent and
    address violence against women and girls in Ukraine, and support
    the inclusion of women in Ukraine in any negotiations to restore
    Ukraine's security, independence, sovereignty, or territorial or
    economic integrity.

    (b) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary of State $50,000,000 for fiscal year 2015
    to carry out the activities set forth in subsection (a). Amounts
    appropriated for the activities set forth in subsection (a) shall be
    used pursuant to the authorization and requirements contained in this
    section. Additional amounts may be authorized to be appropriated under
    other provisions of law.
    (c) <>  Strategy Requirement.--Not later
    than 60 days after the date of the enactment of this Act, the President
    shall submit to

    [[Page 1092]]

    the appropriate congressional committees a strategy to carry out the
    activities set forth in subsection (a).

    (d) Notification Requirement.--
    (1) <>  In general.--Funds appropriated
    or otherwise made available pursuant to subsection (b) may not
    be obligated until 15 days after the date on which the President
    has provided notice of intent to obligate such funds to the
    appropriate congressional committees.
    (2) <>  Waiver.--The
    President may waive the notification requirement under paragraph
    (1) if the President determines that failure to do so would pose
    a substantial risk to human health or welfare, in which case
    notification shall be provided as early as practicable, but in
    no event later than three days after taking the action to which
    such notification requirement was applicable in the context of
    the circumstances necessitating such waiver.
    SEC. <>  7. ENHANCED SECURITY
    COOPERATION WITH UKRAINE AND OTHER COUNTRIES
    IN CENTRAL AND EASTERN EUROPE.

    (a) In General.--The President shall, subject to the availability of
    appropriations--
    (1) enhance security cooperation efforts and relationships
    amongst countries in Central and Eastern Europe and among the
    United States, the European Union, and countries in Central and
    Eastern Europe;
    (2) provide additional security assistance, including
    defense articles and defense services (as those terms are
    defined in section 47 of the Arms Export Control Act (22 U.S.C.
    2794)) and military training, to countries in Central and
    Eastern Europe, including Ukraine; and
    (3) support greater reform, professionalism, and capacity-
    building efforts within the military, intelligence, and security
    services in Central and Eastern Europe, including Ukraine.

    (b) Authorization of Appropriations.--There is authorized to be
    appropriated to the President a total of $100,000,000 for fiscal years
    2015 through 2017 to carry out this section. Amounts appropriated for
    the activities set forth in subsection (a) shall be used pursuant to the
    authorization and requirements contained in this section. Additional
    amounts may be authorized to be appropriated under other provisions of
    law.
    (c) <>  Strategy Requirement.--Not later than 60
    days after the date of the enactment of this Act, the President shall
    submit to the appropriate congressional committees a strategy to carry
    out the activities set forth in subsection (a).

    (d) Notification Requirement.--
    (1) <>  In general.--Funds appropriated
    or otherwise made available pursuant to subsection (b) may not
    be obligated until 15 days after the date on which the President
    has provided notice of intent to obligate such funds to the
    appropriate congressional committees and the Committees on Armed
    Services of the Senate and the House of Representatives.
    (2) <>  Waiver.--The
    President may waive the notification requirement under paragraph
    (1) if the President determines that failure to do so would pose
    a substantial risk to human health or welfare, in which case
    notification shall be provided as early as practicable, but in
    no event later than three days after taking the action to which
    such notification requirement

    [[Page 1093]]

    was applicable in the context of the circumstances necessitating
    such waiver.
    SEC. <>  8. SANCTIONS ON PERSONS
    RESPONSIBLE FOR VIOLENCE OR UNDERMINING THE
    PEACE, SECURITY, STABILITY, SOVEREIGNTY, OR
    TERRITORIAL INTEGRITY OF UKRAINE.

    (a) <>  In General.--The President shall
    impose the sanctions described in subsection (b) with respect to--
    (1) any person, including a current or former official of
    the Government of Ukraine or a person acting on behalf of that
    Government, that the President determines has perpetrated, or is
    responsible for ordering, controlling, or otherwise directing,
    significant acts of violence or gross human rights abuses in
    Ukraine against persons associated with the antigovernment
    protests in Ukraine that began on November 21, 2013;
    (2) any person that the President determines has
    perpetrated, or is responsible for ordering, controlling, or
    otherwise directing, significant acts that are intended to
    undermine the peace, security, stability, sovereignty, or
    territorial integrity of Ukraine, including acts of economic
    extortion;
    (3) any official of the Government of the Russian
    Federation, or a close associate or family member of such an
    official, that the President determines is responsible for,
    complicit in, or responsible for ordering, controlling, or
    otherwise directing, acts of significant corruption in Ukraine,
    including the expropriation of private or public assets for
    personal gain, corruption related to government contracts or the
    extraction of natural resources, bribery, or the facilitation or
    transfer of the proceeds of corruption to foreign jurisdictions;
    and
    (4) any individual that the President determines materially
    assisted, sponsored, or provided financial, material, or
    technological support for, or goods or services in support of,
    the commission of acts described in paragraph (1), (2), or (3).

    (b) Sanctions Described.--
    (1) In general.--The sanctions described in this subsection
    are the following:
    (A) Asset blocking.--The exercise of all powers
    granted to the President by the International Emergency
    Economic Powers Act (50 U.S.C. 1701 et seq.) to the
    extent necessary to block and prohibit all transactions
    in all property and interests in property of a person
    determined by the President to be subject to subsection
    (a) if such property and interests in property are in
    the United States, come within the United States, or are
    or come within the possession or control of a United
    States person.
    (B) Exclusion from the united states and revocation
    of visa or other documentation.--In the case of an alien
    determined by the President to be subject to subsection
    (a), denial of a visa to, and exclusion from the United
    States of, the alien, and revocation in accordance with
    section 221(i) of the Immigration and Nationality Act (8
    U.S.C. 1201(i)), of any visa or other documentation of
    the alien.
    (2) Penalties.--A person that violates, attempts to violate,
    conspires to violate, or causes a violation of paragraph (1)(A)

    [[Page 1094]]

    or any regulation, license, or order issued to carry out
    paragraph (1)(A) shall be subject to the penalties set forth in
    subsections (b) and (c) of section 206 of the International
    Emergency Economic Powers Act (50 U.S.C. 1705) to the same
    extent as a person that commits an unlawful act described in
    subsection (a) of that section.
    (3) Exception relating to the importation of goods.--
    (A) In general.--The requirement to block and
    prohibit all transactions in all property and interests
    in property under paragraph (1)(A) 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.)).
    (4) Exception to comply with united nations headquarters
    agreement.--Sanctions under paragraph (1)(B) shall not apply to
    an alien if admitting the alien into the United States is
    necessary 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 United
    States, or other applicable international obligations.

    (c) <>  Waiver.--The President may waive the
    application of sanctions under subsection (b) with respect to a person
    if the President--
    (1) determines that such a waiver is in the national
    security interests of the United States; and
    (2) <>  on or before the date on which
    the waiver takes effect, submits to the Committee on Foreign
    Relations and the Committee on Banking, Housing, and Urban
    Affairs of the Senate and the Committee on Foreign Affairs and
    the Committee on Financial Services of the House of
    Representatives a notice of and a justification for the waiver.

    (d) Regulatory Authority.--The President shall issue such
    regulations, licenses, and orders as are necessary to carry out this
    section.
    SEC. <>  9. SANCTIONS ON PERSONS IN
    THE RUSSIAN FEDERATION COMPLICIT IN OR
    RESPONSIBLE FOR SIGNIFICANT CORRUPTION.

    (a) In General.--The President is authorized and encouraged to
    impose the sanctions described in subsection (b) with respect to--
    (1) any official of the Government of the Russian
    Federation, or a close associate or family member of such an
    official, that the President determines is responsible for, or
    complicit in, or responsible for ordering, controlling, or
    otherwise directing, acts of significant corruption in the
    Russian Federation, including the expropriation of private or
    public assets for personal gain, corruption related to
    government contracts or the extraction of natural resources,
    bribery, or the facilitation or transfer of the proceeds of
    corruption to foreign jurisdictions; and
    (2) any individual who has materially assisted, sponsored,
    or provided financial, material, or technological support for,

    [[Page 1095]]

    or goods or services in support of, an act described in
    paragraph (1).

    (b) Sanctions Described.--
    (1) In general.--The sanctions described in this subsection
    are the following:
    (A) Asset blocking.--The exercise of all powers
    granted to the President by the International Emergency
    Economic Powers Act (50 U.S.C. 1701 et seq.) to the
    extent necessary to block and prohibit all transactions
    in all property and interests in property of a person
    determined by the President to be subject to subsection
    (a) if such property and interests in property are in
    the United States, come within the United States, or are
    or come within the possession or control of a United
    States person.
    (B) Exclusion from the united states and revocation
    of visa or other documentation.--In the case of an alien
    determined by the President to be subject to subsection
    (a), denial of a visa to, and exclusion from the United
    States of, the alien, and revocation in accordance with
    section 221(i) of the Immigration and Nationality Act (8
    U.S.C. 1201(i)), of any visa or other documentation of
    the alien.
    (2) Penalties.--A person that violates, attempts to violate,
    conspires to violate, or causes a violation of paragraph (1)(A)
    or any regulation, license, or order issued to carry out
    paragraph (1)(A) shall be subject to the penalties set forth in
    subsections (b) and (c) of section 206 of the International
    Emergency Economic Powers Act (50 U.S.C. 1705) to the same
    extent as a person that commits an unlawful act described in
    subsection (a) of that section.
    (3) Exception relating to the importation of goods.--
    (A) In general.--The authority to block and prohibit
    all transactions in all property and interests in
    property under paragraph (1)(A) 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.)).
    (4) Exception to comply with united nations headquarters
    agreement.--Sanctions under paragraph (1)(B) shall not apply to
    an alien if admitting the alien into the United States is
    necessary 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 United
    States, or other applicable international obligations.

    (c) <>  Waiver.--The President may waive the
    application of sanctions under subsection (b) with respect to a person
    if the President--
    (1) determines that such a waiver is in the national
    security interests of the United States; and
    (2) <>  on or before the date on which
    the waiver takes effect, submits to the Committee on Foreign
    Relations and the Committee on Banking, Housing, and Urban
    Affairs of the Senate and the Committee on Foreign Affairs and
    the Committee on

    [[Page 1096]]

    Financial Services of the House of Representatives a notice of
    and a justification for the waiver.

    (d) Regulatory Authority.--The President shall issue such
    regulations, licenses, and orders as are necessary to carry out this
    section.
    SEC. <>  10. ANNUAL REPORT ON MILITARY AND
    SECURITY DEVELOPMENTS INVOLVING THE RUSSIAN
    FEDERATION.

    (a) <>  Report.--Not
    later than June 1, 2015, and June 1 of each year thereafter through
    2020, the Secretary of Defense shall submit to the specified
    congressional committees a report, in both classified and unclassified
    form, on the current and future military power of the Russian Federation
    (in this section referred to as ``Russia''). The report shall address
    the current and probable future course of military-technological
    development of the Russian military, the tenets and probable development
    of the security strategy and military strategy of the Government of
    Russia, and military organizations and operational concepts, for the 20-
    year period following submission of such report.

    (b) Matters To Be Included.--The report required under subsection
    (a) shall include the following:
    (1) <>  An assessment of the security
    situation in regions neighboring Russia.
    (2) The goals and factors shaping the security strategy and
    military strategy of the Government of Russia.
    (3) Trends in Russian security and military behavior that
    would be designed to achieve, or that are consistent with, the
    goals described in paragraph (2).
    (4) <>  An assessment of the global and
    regional security objectives of the Government of Russia,
    including objectives that would affect the North Atlantic Treaty
    Organization, the Middle East, or the People's Republic of
    China.
    (5) <>  A detailed assessment of the
    sizes, locations, and capabilities of the nuclear, special
    operations, land, sea, and air forces of the Government of
    Russia.
    (6) Developments in Russian military doctrine and training.
    (7) <>  An assessment of the
    proliferation activities of the Government of Russia and Russian
    entities, as a supplier of materials, technologies, or expertise
    relating to nuclear weapons or other weapons of mass destruction
    or missile systems.
    (8) Developments in the asymmetric capabilities of the
    Government of Russia, including its strategy and efforts to
    develop and deploy cyberwarfare and electronic warfare
    capabilities, details on the number of malicious cyber incidents
    originating from Russia against Department of Defense
    infrastructure, and associated activities originating or
    suspected of originating from Russia.
    (9) <>  The strategy and capabilities of
    space and counterspace programs in Russia, including trends,
    global and regional activities, the involvement of military and
    civilian organizations, including state-owned enterprises,
    academic institutions, and commercial entities, and efforts to
    develop, acquire, or gain access to advanced technologies that
    would enhance Russian military capabilities.
    (10) Developments in Russia's nuclear program, including the
    size and state of Russia's stockpile, its nuclear strategy

    [[Page 1097]]

    and associated doctrines, its civil and military production
    capacities, and projections of its future arsenals.
    (11) A description of the anti-access and area denial
    capabilities of the Government of Russia.
    (12) A description of Russia's command, control,
    communications, computers, intelligence, surveillance, and
    reconnaissance modernization program and its applications for
    Russia's precision guided weapons.
    (13) <>  In consultation with the
    Secretary of Energy and the Secretary of State, developments
    regarding United States-Russian engagement and cooperation on
    security matters.
    (14) Other military and security developments involving
    Russia that the Secretary of Defense considers relevant to
    United States national security.

    (c) Specified Congressional Committees Defined.--In this section,
    the term ``specified congressional committees'' means--
    (1) the Committee on Foreign Relations, the Committee on
    Armed Services, the Select Committee on Intelligence, and the
    majority leader and minority leader of the Senate; and
    (2) the Committee on Foreign Affairs, the Committee on Armed
    Services, the Permanent Select Committee on Intelligence, and
    the Speaker and minority leader of the House of Representatives.

    Approved April 3, 2014.

    LEGISLATIVE HISTORY--H.R. 4152:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 160 (2014):
    Mar. 6, considered and passed House.
    Mar. 25, 27, considered and passed Senate, amended.
    Apr. 1, House concurred in Senate amendment.