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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4152 Enrolled Bill (ENR)]

        H.R.4152

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen

                                 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;
        (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;
        (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 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 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 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) 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, 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 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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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