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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4278 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 4278

_______________________________________________________________________

                                 AN ACT

 
To support the independence, sovereignty, and territorial integrity of 
                    Ukraine, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Ukraine Support 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. United States policy.
                     TITLE I--ASSISTANCE PROVISIONS

Sec. 101. Support for democratic governance and civil society in 
                            Ukraine.
Sec. 102. Economic reform in Ukraine.
Sec. 103. United States international programming to Ukraine and 
                            neighboring regions.
Sec. 104. Overseas Private Investment Corporation.
Sec. 105. Enhanced assistance for law enforcement and the judicial 
                            system in Ukraine.
Sec. 106. Enhanced security cooperation among Central and Eastern 
                            European NATO member states.
Sec. 107. United States-Ukraine security assistance.
Sec. 108. Recovery of assets linked to corruption in Ukraine.
Sec. 109. European Bank for Reconstruction and Development.
Sec. 110. Offset.
                     TITLE II--SANCTIONS PROVISIONS

Sec. 201. Continuation in effect of sanctions with respect to the 
                            blocking of certain persons contributing to 
                            the situation in Ukraine.
Sec. 202. Imposition of additional sanctions on persons responsible for 
                            violence or who undermine the independence, 
                            sovereignty, or territorial or economic 
                            integrity of Ukraine.
Sec. 203. Imposition of additional sanctions on persons complicit in or 
                            responsible for significant corruption in 
                            the Russian Federation.
Sec. 204. Report on certain foreign financial institutions.
Sec. 205. Sense of Congress on human rights in the Russian Federation.
Sec. 206. Certification described and submission to Congress.
Sec. 207. Sense of Congress on suspension of all activities and 
                            meetings of the NATO-Russia Council.
Sec. 208. Definitions.
                    TITLE III--REPORTING PROVISIONS

Sec. 301. Annual report on security developments in the Russian 
                            Federation and their effects on Ukrainian 
                            sovereignty.
Sec. 302. Presidential determination and report on compliance by 
                            Russian Federation of its obligations under 
                            INF Treaty.
Sec. 303. Report on geopolitical impact of energy exports.
Sec. 304.  Amendment to the Iran, North Korea, and Syria 
                            Nonproliferation Act.

SEC. 2. UNITED STATES POLICY.

    It is the policy of the United States--
            (1) to support the right of the people of Ukraine to freely 
        determine their future, including their country's relationship 
        with other nations and international organizations, without 
        interference, intimidation, or coercion by other countries;
            (2) to support the people of Ukraine in their desire to 
        address endemic corruption, consolidate democracy, and achieve 
        sustained prosperity;
            (3) to support 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 anti-government protests that began on 
        November 21, 2013;
            (4) to support the efforts of the Government of Ukraine to 
        identify, investigate, recover, and return to the Ukrainian 
        state assets unaccounted for under the leadership and departure 
        from Ukraine of former President Yanukovych, his family, and 
        other current and former members of the Ukrainian government, 
        along with others legitimately charged by government 
        authorities with similar offenses;
            (5) to assist the Government of Ukraine in preparations for 
        the presidential election scheduled for May 25, 2014, and to 
        participate in efforts to ensure that this election is 
        conducted in accordance with international standards;
            (6) to promote democratic values, transparent and 
        accountable government institutions, and advance United States 
        national security interests through United States international 
        broadcasting, including the Voice of America and Radio Free 
        Europe/Radio Liberty (RFE/RL), Incorporated;
            (7) to support needed economic structural reforms in 
        Ukraine, including in the fiscal, energy, pension, and banking 
        sectors, among others;
            (8) to support energy diversification initiatives to reduce 
        Russian control of energy supplies to Ukraine and other 
        European countries, including United States promotion of 
        increased natural gas exports to, and energy efficiency in, 
        Ukraine, which could be enhanced by advances in new energy 
        technologies;
            (9) to condemn the armed intervention of the Russian 
        Federation in Ukraine, including its continuing political, 
        economic, and military aggression against that country;
            (10) to work with United States allies and partners in 
        Europe and around the world, including at the United Nations, 
        to ensure that all nations refuse to recognize the illegal 
        annexation of Crimea by the Russian Federation and reaffirm the 
        independence, sovereignty, and territorial integrity of 
        Ukraine;
            (11) to refuse to recognize the legitimacy of the illegal 
        referendum in Crimea on March 16, 2014, on the status of that 
        region of Ukraine, which was held under conditions of 
        occupation and coercion by Russian forces;
            (12) to support the deployment of international monitors to 
        Ukraine to assess the current status of its territorial 
        integrity and the safety of all people in Ukraine;
            (13) to encourage the Government of Ukraine to continue to 
        respect and protect the rights of all ethnic, religious, and 
        linguistic minorities;
            (14) to encourage the Government of Ukraine to promote and 
        protect the human rights, as recognized by the Universal 
        Declaration of Human Rights, of all individuals as they seek 
        freedom, democracy, and equality under the law;
            (15) to work with United States allies and partners to 
        condemn any violation by Russian Federation occupation forces 
        or their proxies of the rights of ethnic, religious, and 
        linguistic minorities in Crimea, including the region's Tatar 
        population;
            (16) to call on all Ukrainians to respect the legitimate 
        government authorities, as well as all Ukrainian laws and the 
        Constitution of Ukraine in all regions of Ukraine, including 
        Crimea;
            (17) to maintain existing sanctions against and consider 
        all available options for further sanctions on the Russian 
        Federation until Ukrainian sovereignty, independence, and 
        territorial integrity are not being violated by the Russian 
        Federation; and
            (18) to honor and abide by its commitments undertaken 
        pursuant to Article 5 of the North Atlantic Treaty, signed at 
        Washington, District of Columbia, on April 4, 1949, and entered 
        into force on August 24, 1949.

                     TITLE I--ASSISTANCE PROVISIONS

SEC. 101. SUPPORT FOR DEMOCRATIC GOVERNANCE AND CIVIL SOCIETY IN 
              UKRAINE.

    (a) In General.--The President is authorized and encouraged to 
provide assistance to support democracy and civil society, including 
community-based and faith-based organizations, in Ukraine by 
undertaking the activities described in subsection (b).
    (b) Activities Described.--The activities described in this 
subsection are--
            (1) improving democratic governance, transparency, 
        accountability, rule of law, and anti-corruption efforts;
            (2) supporting Ukrainian efforts to foster greater unity 
        among people and regions of the country, combat anti-Semitism 
        and discrimination, and promote respect for religious freedom;
            (3) supporting the people and Government of Ukraine in 
        preparing to conduct and participate in free and fair 
        elections, including through domestic and international 
        election monitoring;
            (4) assisting Ukraine in diversifying its economy, trade, 
        and energy supplies, including at the national, regional, and 
        local levels;
            (5) strengthening democratic institutions and political and 
        civil society organizations; and
            (6) expanding free and unfettered access to independent 
        media of all kinds in Ukraine and assisting with the protection 
        of journalists and civil society activists who have been 
        targeted for free speech activities.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the President $50,000,000 for fiscal year 2014 to carry 
out this section.

SEC. 102. ECONOMIC REFORM IN UKRAINE.

    (a) Findings.--Congress finds the following:
            (1) The Ukrainian economy is weak and vulnerable, as 
        evidenced by short-term debt interest rates as high as 15 
        percent, a high proportion of foreign exchange-denominated 
        government debt that will mature in 2014 and 2015, a banking 
        sector with non-performing loans at the high level of 14 
        percent, a financing gap which the Government of Ukraine has 
        estimated will amount to $35 billion over the next two years, 
        and a large underground economy. This economic condition 
        undermines democratic prospects in Ukraine.
            (2) Years of poor economic management and performance have 
        undermined and may continue to undermine political stability 
        and unity within Ukraine.
            (3) On March 6, 2014, the House of Representatives passed 
        H.R. 4152, to redirect previously appropriated funds to cover 
        the cost of roughly $1 billion in loan guarantees for Ukraine.
    (b) Statement of Policy.--It shall be the policy of the United 
States to work with other countries and international institutions to 
stabilize the Ukrainian economy, while promoting critically needed 
structural economic reforms in Ukraine, including--
            (1) cutting the massive natural gas subsidies that have led 
        to market inefficiencies;
            (2) reducing the bloated public sector;
            (3) maintaining a market-determined exchange rate;
            (4) strengthening the vulnerable banking sector;
            (5) promoting a robust, independent, and impartial 
        judiciary, due process, and uniform application of law; and
            (6) reducing corruption, such as by supporting reform 
        efforts of the Government of Ukraine to pass legislation 
        related to greater accountability for government officials, 
        greater protection of private property, and increased 
        transparency of government funds.
    (c) Sense of Congress.--It is the sense of Congress that loan 
guarantees provided by the United States for Ukraine should be used to 
promote government, banking and energy sector reform, and anti-
corruption efforts in Ukraine.

SEC. 103. UNITED STATES INTERNATIONAL PROGRAMMING TO UKRAINE AND 
              NEIGHBORING REGIONS.

    (a) Findings and Declarations.--Congress finds and declares the 
following:
            (1) The Russian Government has deliberately blocked the 
        Ukrainian people's access to uncensored sources of information 
        and has provided alternative news and information that is both 
        inaccurate and inflammatory.
            (2) United States international programming exists to 
        advance the United States interests and values by presenting 
        accurate and comprehensive news and information, which is the 
        foundation for democratic governance.
            (3) The opinions and views of the Ukrainian people, 
        especially those people located in the eastern regions and 
        Crimea, are not being accurately represented in Russian 
        dominated mass media.
            (4) Russian forces have seized more than five television 
        stations in Crimea and taken over transmissions, switching to a 
        24/7 Russian propaganda format; this increase in programming 
        augments the already robust pro-Russian programming to Ukraine.
            (5) United States international programming has the 
        potential to combat this anti-democratic propaganda.
    (b) Programming.--Radio Free Europe/Radio Liberty (RFE/RL), 
Incorporated, and the Voice of America service to Ukraine and 
neighboring regions shall--
            (1) provide news and information that is accessible, 
        credible, and accurate;
            (2) emphasize investigative and analytical journalism to 
        highlight inconsistencies and misinformation provided by 
        Russian or pro-Russian media outlets;
            (3) prioritize programming to areas where access to 
        uncensored sources of information is limited or non-existent, 
        especially populations serviced by Russian supported media 
        outlets;
            (4) increase the number of reporters and organizational 
        presence in eastern Ukraine, especially in Crimea;
            (5) promote democratic processes, respect for human rights, 
        freedom of the press, and territorial sovereignty; and
            (6) take necessary preparatory steps to continue and 
        increase programming and content that promotes democracy and 
        government transparency in Russia.
    (c) Programming Surge.--RFE/RL, Incorporated, and Voice of America 
programming to Ukraine and neighboring regions shall--
            (1) prioritize programming to eastern Ukraine, including 
        Crimea, and Moldova, and to ethnic and linguistic Russian 
        populations, as well as to Tatar minorities;
            (2) prioritize news and information that directly 
        contributes to the target audiences' understanding of political 
        and economic developments in Ukraine and Moldova, including 
        countering misinformation that may originate from other news 
        outlets, especially Russian supported news outlets;
            (3) provide programming content 24 hours a day, seven days 
        a week to target populations, using all available and effective 
        distribution outlets, including--
                    (A) at least 8 weekly hours of total original 
                television and video content in Ukrainian, Russian, and 
                Tatar languages, not inclusive of live video streaming 
                coverage of breaking news, to be distributed on 
                satellite, digital, and through regional television 
                affiliates by the Voice of America; and
                    (B) at least 14 weekly hours the total audio 
                content in Ukrainian, Russian, and Tatar languages to 
                be distributed on satellite, digital, and through 
                regional radio affiliates of RFE/RL, Incorporated;
            (4) expand the use, audience, and audience engagement of 
        mobile news and multimedia platforms by RFE/RL, Incorporated, 
        and the Voice of America, including through Internet-based 
        social networking platforms; and
            (5) partner with private sector broadcasters and affiliates 
        to seek and start co-production for new, original content, when 
        possible, to increase distribution.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated for fiscal year 2014, in addition to funds otherwise made 
available for such purposes, up to $10,000,000 to carry out programming 
in the Ukrainian, Balkan, Russian, and Tatar language services of RFE/
RL, Incorporated, and the Voice of America, for the purpose of 
bolstering existing United States programming to the people of Ukraine 
and neighboring regions, and increasing programming capacity and 
jamming circumvention technology to overcome any disruptions to 
service.
    (e) Report.--Not later than 15 days after the date of the enactment 
of this Act, the Broadcasting Board of Governors shall submit to the 
Committees on Foreign Affairs and Appropriations of the House of 
Representatives and the Committees on Foreign Relations and 
Appropriations of the Senate a detailed report on plans to increase 
broadcasts pursuant to subsections (a) and (b).

SEC. 104. OVERSEAS PRIVATE INVESTMENT CORPORATION.

    It is the sense of Congress that the Overseas Private Investment 
Corporation should prioritize investments in Ukraine.

SEC. 105. ENHANCED ASSISTANCE FOR LAW ENFORCEMENT AND THE JUDICIAL 
              SYSTEM IN UKRAINE.

    (a) Statement of Policy.--It shall be the policy of the United 
States--
            (1) to assist Ukraine to eliminate the human rights abuses 
        associated with the Berkut forces in order to foster a 
        democratically reformed police force with strong public 
        oversight, which is critical to fostering political unity and 
        stability throughout Ukraine; and
            (2) to assist Ukraine to develop a robust, independent, and 
        impartial judicial system at national, regional, and local 
        levels, which is essential to ensure that the rights of all 
        citizens are respected, and maintain appropriate checks and 
        balances between the co-equal branches of government.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $8,000,000 for fiscal year 2014 to enhance United States 
efforts to assist Ukraine to strengthen law enforcement capabilities 
and maintain the rule of law.

SEC. 106. ENHANCED SECURITY COOPERATION AMONG CENTRAL AND EASTERN 
              EUROPEAN NATO MEMBER STATES.

    (a) In General.--The Secretary of State, in consultation with the 
heads of other appropriate United States departments and agencies, 
shall seek to provide enhanced security cooperation with Central and 
Eastern European North Atlantic Treaty Organization (NATO) member 
states by undertaking the activities described in subsection (b).
    (b) Activities Described.--The activities described in this 
subsection are--
            (1) enhancing existing security cooperation, including 
        defense and military-to-military cooperation, among Central and 
        Eastern European NATO member states;
            (2) enhancing security relationships among the United 
        States, the European Union, and Central and Eastern European 
        NATO member states;
            (3) providing defense articles, defense services, and 
        military training to Central and Eastern European NATO member 
        states;
            (4) expanding the scope and frequency of military exercises 
        among Central and Eastern European NATO member states; and
            (5) supporting greater reform, professionalism, and 
        capacity-building efforts within the military, intelligence, 
        and security services in Central and Eastern European NATO 
        member states.

SEC. 107. UNITED STATES-UKRAINE SECURITY ASSISTANCE.

    (a) Findings.--Congress finds that--
            (1) in fiscal year 2013 the United States provided Ukraine 
        with nearly $2,000,000 in assistance under chapter 5 of part II 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; 
        relating to International Military Education Training) and 
        nearly $7,000,000 in assistance under section 23 of the Arms 
        Export Control Act (22 U.S.C. 2763; relating to the Foreign 
        Military Financing Program); and
            (2) Ukraine has been a longstanding member of NATO's 
        Partnership for Peace.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) United States assistance to Ukraine under chapter 5 of 
        part II of the Foreign Assistance Act of 1961 and section 23 of 
        the Arms Export Control Act should be increased;
            (2) consistent with section 506(a) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2318(a)), the President is 
        encouraged to draw down defense articles from the stocks of the 
        Department of Defense, in order to provide security assistance, 
        which could include communication equipment, clothing, fuel and 
        other forms of appropriate assistance, to the Government of 
        Ukraine; and
            (3) the Government of Ukraine should make greater efforts 
        to secure the protection of classified information and military 
        equipment.
    (c) Statement of Policy.--It shall be the policy of the United 
States, in consultation with the Government of Ukraine, to enhance 
Ukraine's self defense, including through appropriate assistance to 
improve the capabilities of the country's armed forces.
    (d) Review of Security Assistance.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        consultation with the heads of other appropriate United States 
        departments and agencies, shall submit to Congress a report on 
        the results of a review of all United States security 
        assistance to the Government of Ukraine.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form but may contain a classified 
        annex.

SEC. 108. RECOVERY OF ASSETS LINKED TO CORRUPTION IN UKRAINE.

    (a) Sense of Congress.--It is the sense of Congress that the 
Administration should provide expedited assistance to the Government of 
Ukraine through appropriate United States Government and multilateral 
programs, including the Department of Justice's Kleptocracy Asset 
Recovery Initiative, the Egmont Group, the Stolen Asset Recovery 
Initiative, the Camden Asset Recovery Inter-Agency Network, and the 
Asset Recovery Focal Point Initiative, to identify, investigate, 
secure, and recover assets missing from the Government of Ukraine or 
linked to purported acts of corruption by former President Viktor 
Yanukovych, members of his family, other former or current senior 
foreign political figures of the Government of Ukraine, and their 
accomplices in any jurisdiction.
    (b) Definition.--In this section, the term ``senior foreign 
political figure'' has the meaning given the term in section 208.

SEC. 109. EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT.

    (a) Findings.--The Congress finds the following:
            (1) Article 1 of the Agreement Establishing the European 
        Bank for Reconstruction and Development (EBRD) states that the 
        EBRD should support investments in countries that are committed 
        to and applying the principles of multiparty democracy, 
        pluralism, and market economics, and the EBRD has recognized 
        that Russian ``progress in the application of these principles 
        . . . has been uneven''.
            (2) Russia received 21 percent of the investments made by 
        the EBRD in 2013, which is more than any other country received 
        from the EBRD in that year, and has received an inordinate 
        ratio of investment from the EBRD since the 2006 Capital 
        Resources Review.
    (b) Sense of the Congress.--It is the sense of the Congress that 
the European Bank for Reconstruction and Development (EBRD) should 
increase investments in Ukraine and cease new investments in the 
Russian Federation, and the United States Government should press the 
EBRD to support new investment in Ukraine and halt consideration of new 
investment in Russia.

SEC. 110. OFFSET.

    Section 102(a) of the Enhanced Partnership with Pakistan Act of 
2009 (22 U.S.C. 8412(a); Public Law 111-73; 123 Stat. 2068) is amended 
by striking ``$1,500,000,000'' and inserting ``$1,430,000,000''.

                     TITLE II--SANCTIONS PROVISIONS

SEC. 201. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO THE 
              BLOCKING OF CERTAIN PERSONS CONTRIBUTING TO THE SITUATION 
              IN UKRAINE.

    (a) In General.--United States sanctions described in subsection 
(b), as in effect on the day before the date of the enactment of this 
Act, shall remain in effect until the earlier of--
            (1) the date that is 90 days after the date on which the 
        President submits to the appropriate congressional committees 
        the certification described in subsection (a) of section 206 in 
        accordance with subsection (b) of such section; or
            (2) the date that is 30 days after any date subsequent to 
        January 1, 2020, on which the President submits to the 
        appropriate congressional committees in writing a determination 
        that the termination of such sanctions imposed is in the vital 
        national security interests of the United States.
    (b) Sanctions Described.--United States sanctions described in this 
subsection are sanctions imposed under the following executive orders:
            (1) Executive Order 13660 (March 6, 2014; relating to 
        blocking property of certain persons contributing to the 
        situation in Ukraine).
            (2) Executive Order 13661 (March 16, 2014; relating to 
        blocking property of additional persons contributing to the 
        situation in Ukraine).
            (3) Executive Order 13662 (March 20, 2014; relating to 
        blocking property of additional persons contributing to the 
        situation in Ukraine).

SEC. 202. IMPOSITION OF ADDITIONAL SANCTIONS ON PERSONS RESPONSIBLE FOR 
              VIOLENCE OR WHO UNDERMINE THE INDEPENDENCE, SOVEREIGNTY, 
              OR TERRITORIAL OR ECONOMIC INTEGRITY OF UKRAINE.

    (a) Statement of Policy.--It shall be the policy of the United 
States to impose sanctions with respect to those individuals within and 
outside of the Government of the Russian Federation whom the President 
determines wields significant influence over the formation and 
implementation of Russian foreign policy, in particular with respect to 
the violation of Ukraine's sovereignty, democracy, and territorial 
integrity.
    (b) Criteria for Imposition of Sanctions.--A foreign person or an 
alien is subject to sanctions under subsection (c) in accordance with 
the provisions of such subsection if the foreign person or alien, on or 
after November 21, 2013--
            (1) is knowingly responsible for or complicit in, or 
        engaged in, directly or indirectly--
                    (A) actions that significantly undermine democratic 
                processes or institutions in Ukraine;
                    (B) actions that significantly threaten the peace, 
                security, stability, sovereignty, or territorial 
                integrity of Ukraine;
                    (C) acts of significant corruption in Ukraine, or 
                the seizure or expropriation of significant economic 
                assets from Ukraine, including the expropriation of 
                private or state assets for personal gain, or the 
                facilitation or transfer of the proceeds of such 
                expropriation to foreign jurisdictions; or
                    (D) the commission of serious human rights abuses 
                against citizens of Ukraine or citizens of the Russian 
                Federation;
            (2) is a current or former senior foreign political figure 
        of the Government of the Russian Federation who has engaged in 
        any activity described in paragraph (1);
            (3) operates in the arms or related materiel sector in the 
        Russian Federation that has engaged in any activity described 
        in paragraph (1);
            (4) is a current or former senior foreign political figure 
        of an entity that has, or whose members have, knowingly engaged 
        in any activity described in paragraph (1), (2), or (3) or of 
        an entity whose property and interests in property are blocked 
        pursuant to this section;
            (5) has knowingly materially assisted, sponsored, or 
        provided financial, material, or technological support for, or 
        goods or services to or in support of, any activity described 
        in paragraph (1), (2), or (3) or of any person whose property 
        and interests in property are blocked pursuant to this section; 
        or
            (6) is owned or controlled by, or has acted or purported to 
        act for or on behalf of, directly or indirectly, any person 
        whose property and interests in property are blocked pursuant 
        to this section.
    (c) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        are the following:
                    (A) Asset blocking.--With respect to a foreign 
                person who the President, acting through the Secretary 
                of the Treasury and in consultation with the Secretary 
                of State (or their designees), determines meets the 
                requirements described in subsection (b) (and, if the 
                President determines such foreign person is a senior 
                foreign political figure, such foreign person is not 
                included in the classified annex of a report submitted 
                to the appropriate congressional committees under 
                subsection (e)(1)), the President, acting through the 
                Secretary of the Treasury and in consultation with the 
                Secretary of State (or their designees), shall to the 
                extent necessary investigate, block during the pendency 
                of an investigation, regulate, direct and compel, 
                nullify, void, prevent or prohibit, any acquisition, 
                holding, withholding, use, transfer, withdrawal, 
                transportation, or exportation of, or dealing in, or 
                exercising any right, power, or privilege with respect 
                to, or transactions involving, any property or 
                interests in property of such person to the extent such 
                property or interests in property are subject to the 
                jurisdiction of the United States, pursuant to the 
                applicable provisions of the International Emergency 
                Economic Powers Act (50 U.S.C. 1701 et seq.).
                    (B) Aliens ineligible for visas, admission, or 
                parole.--
                            (i) Visas, admission, or parole.--An alien 
                        who the Secretary of State or the Secretary of 
                        Homeland Security (or a designee of one of such 
                        Secretaries) knows, or has reason to believe, 
                        meets any of the criteria described in 
                        subsection (b) is--
                                    (I) inadmissible to the United 
                                States;
                                    (II) ineligible to receive a visa 
                                or other documentation to enter the 
                                United States; and
                                    (III) otherwise ineligible to be 
                                admitted or paroled into the United 
                                States or to receive any other benefit 
                                under the Immigration and Nationality 
                                Act (8 U.S.C. 1101 et seq.).
                            (ii) Current visas revoked.--
                                    (I) In general.--The issuing 
                                consular officer, the Secretary of 
                                State, or the Secretary of Homeland 
                                Security (or a designee of one of such 
                                Secretaries) shall revoke any visa or 
                                other entry documentation issued to an 
                                alien who meets any of the criteria 
                                described in subsection (b), regardless 
                                of when issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I)--
                                            (aa) shall take effect 
                                        immediately; and
                                            (bb) shall automatically 
                                        cancel any other valid visa or 
                                        entry documentation that is in 
                                        the alien's possession.
            (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) Regulatory authority.--The President shall, not later 
        than 90 days after the date of the enactment of this Act, 
        promulgate regulations as necessary for the implementation of 
        this section.
            (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.
            (5) Rule of construction.--Nothing in this section shall be 
        construed to limit the authority of the President to impose 
        additional sanctions pursuant to the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.), relevant 
        executive orders, regulations, or other provisions of law.
    (d) Waiver.--The President may waive the application of sanctions 
under subsection (c) with respect to a foreign person or alien if the 
President--
            (1) determines that such a waiver is vital to the national 
        interest of the United States; and
            (2) not less than 15 days after the waiver takes effect, 
        submits to the appropriate congressional committees a notice of 
        the waiver and a justification for such waiver.
    (e) Report.--
            (1) Report required.--
                    (A) In general.--Not later than 30 days after the 
                date of the enactment of this Act, and at least once 
                every 180 days thereafter for a period not to exceed 2 
                years, the Secretary of State, in consultation with the 
                Secretary of the Treasury, shall submit to the 
                appropriate congressional committees a detailed report 
                with respect to senior foreign political figures of the 
                Russian Federation that have been determined to have 
                engaged in activities described in subsection (b).
                    (B) Form.--The report required by subparagraph (A) 
                shall be submitted in unclassified form but may contain 
                a classified annex.
            (2) Requests by chairperson and ranking member of 
        appropriate congressional committees.--
                    (A) In general.--Not later than 120 days after 
                receiving a written request from the chairperson and 
                ranking member of one of the appropriate congressional 
                committees with respect to whether a senior foreign 
                political figure of the Russian Federation is 
                responsible for engaging in activities described in 
                subsection (b), the President shall submit a response 
                to the chairperson and ranking member of the committee 
                which made the request with respect to the status of 
                the person.
                    (B) Form.--The President may submit a response 
                required by subparagraph (A) in classified form if the 
                President determines that it is necessary for the 
                national security interests of the United States to do 
                so.
    (f) Definitions.--In this section:
            (1) Admitted.--The term ``admitted'' has the meaning given 
        such term in section 101(a)(13)(A) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(13)(A)).
            (2) Alien.--The term ``alien'' has the meaning given such 
        term in section 101(a)(3) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(3)).
            (3) Financial institution.--The term ``financial 
        institution'' has the meaning given that term in section 5312 
        of title 31, United States Code.
            (4) Foreign person.--The term ``foreign person'' means--
                    (A) an individual who is not a United States 
                person;
                    (B) a corporation, partnership, or other 
                nongovernmental entity which is not a United States 
                person; or
                    (C) any representative, agent or instrumentality 
                of, or an individual working on behalf of a foreign 
                government.
            (5) Paroled.--The term ``paroled'' means paroled into the 
        United States under section 212(d)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(5)).
            (6) 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.
    (g) Termination.--This section and any sanction imposed by this 
section shall remain in effect until the earlier of--
            (1) the date that is 90 days after the date on which the 
        President submits to the appropriate congressional committees 
        the certification described in subsection (a) of section 206 in 
        accordance with subsection (b) of such section; or
            (2) the date that is 30 days after any date subsequent to 
        January 1, 2020, on which the President submits to the 
        appropriate congressional committees in writing a determination 
        that the termination of this section and the sanctions imposed 
        by this section is in the vital national security interests of 
        the United States.

SEC. 203. IMPOSITION OF ADDITIONAL SANCTIONS ON PERSONS COMPLICIT IN OR 
              RESPONSIBLE FOR SIGNIFICANT CORRUPTION IN THE RUSSIAN 
              FEDERATION.

    (a) Findings.--Congress finds the following:
            (1) On March 20, 2014, the Department of the Treasury 
        designated four individuals and one financial institution for 
        acting for or on behalf of or materially assisting, sponsoring, 
        or providing financial, material, or technological support for, 
        or goods or services to or in support of, a senior official of 
        the Government of the Russian Federation.
            (2) Widespread corruption at senior levels of the 
        Government of the Russian Federation, in combination with the 
        suppression of political freedoms and the concentration of 
        enormous wealth in the hands of individuals exercising 
        extensive influence over government policy, has contributed to 
        the establishment of an authoritarian system that does not 
        respect the rights of the Russian people.
    (b) Authority for Imposition of Sanctions.--
            (1) Asset blocking.--The President, acting through the 
        Secretary of the Treasury and in consultation with the 
        Secretary of State (or their designees), is authorized to 
        impose sanctions described in paragraph (1)(A) of section 
        202(c) in accordance with the provisions of such section 
        against a foreign person if the foreign person is a senior 
        foreign political figure or a close associate of such senior 
        foreign political figure with respect to whom the President, 
        acting through the Secretary of the Treasury and in 
        consultation with the Secretary of State (or their designees), 
        determines meets one or more of the criteria described in 
        subsection (c).
            (2) Aliens ineligible for visas, admission, or parole.--The 
        Secretary of State or the Secretary of Homeland Security (or a 
        designee of one of such Secretaries) is authorized to impose 
        sanctions described in paragraph (1)(B) of section 202(c) in 
        accordance with the provisions of such section against an alien 
        if the alien is a senior foreign political figure or a close 
        associate of such senior foreign political figure with respect 
        to whom the Secretary of State or the Secretary of Homeland 
        Security (or a designee of one of such Secretaries) knows, or 
        has reason to believe, meets one or more of the criteria 
        described in subsection (c).
    (c) Criteria for Imposition of Sanctions.--The criteria described 
in this subsection are the following:
            (1) The foreign person or alien 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.
            (2) The foreign person or alien 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).
    (d) Waiver.--The waiver provisions of subsection (d) of section 202 
shall apply with respect to this section and any sanction imposed by 
this section to the same extent and in the same manner as such waiver 
provisions apply to section 202 and any sanction imposed by such 
section.
    (e) Definitions.--In this section, the terms ``foreign person'' and 
``alien'' have the meanings given such terms in section 202(f).

SEC. 204. REPORT ON CERTAIN FOREIGN FINANCIAL INSTITUTIONS.

    (a) Findings.--Congress finds the following:
            (1) On February 26, 2014, the Department of the Treasury's 
        Financial Crimes Enforcement Network advised United States 
        financial institutions of their responsibility to take 
        reasonable, risk-based steps regarding the potential suspicious 
        movement of assets related to Viktor Yanukovych departing Kyiv 
        and abdicating his responsibilities and other senior officials 
        resigning from their positions or departing Kyiv.
            (2) United States financial institutions are required to 
        apply enhanced scrutiny to private banking accounts held by or 
        on behalf of senior foreign political figures and to monitor 
        transactions that could potentially represent misappropriated 
        or diverted state assets, the proceeds of bribery or other 
        illegal payments, or other public corruption proceeds.
            (3) On March 3, 2014, the Government of Ukraine announced 
        that it had initiated criminal proceedings against a number of 
        former Ukrainian officials or close associates of former 
        Ukrainian officials.
            (4) On March 5, 2014, the European Union, based on 
        information from Ukraine's Prosecutor General, issued a Council 
        Regulation requiring the European Union to freeze the funds and 
        economic resources of various former Ukrainian officials and 
        their close associates.
            (5) The Government of Canada has taken similar action 
        against the same individuals.
            (6) The measures being taken against these former Ukrainian 
        officials and their close associates increase the risk that 
        they will seek to move their assets in a deceptive fashion.
            (7) Foreign financial institutions should apply similar, 
        enhanced due-diligence and reporting requirements.
            (8) The United States has a strong interest in seeing the 
        international financial system protected from illicit financial 
        activity, including money laundering, terrorism and 
        proliferation financing, transnational organized crime, and the 
        misappropriation of state assets, and international sanctions 
        evasion, among others.
            (9) The Department of the Treasury possesses a range of 
        authorities to insulate the United States financial system from 
        entities or jurisdictions that pose an illicit financing risk.
    (b) Statement of Policy.--It shall be the policy of the United 
States to use all of its regulatory and statutory authorities to 
closely scrutinize all foreign financial institutions, including those 
in the Russian Federation, that may be complicit in enabling foreign 
persons and transnational criminal enterprises to evade or otherwise 
circumvent United States and international sanctions, launder the 
proceeds of criminal activity, finance acts of terrorism and the 
proliferation of weapons of mass destruction, or any other illicit 
activity that presents risks and vulnerabilities to the United States 
financial system.
    (c) Report.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, and every 180 days thereafter for a 
        period not to exceed 2 years, the Secretary of State and the 
        Secretary of the Treasury shall jointly submit to the 
        appropriate congressional committees a report on--
                    (A) foreign financial institutions that are in 
                direct control of Government of Ukraine state-owned or 
                controlled assets in a manner determined by the 
                Secretary of State and the Secretary of the Treasury to 
                be contrary to the interests of the Government of 
                Ukraine;
                    (B) foreign financial institutions determined by 
                the Secretary of State and the Secretary of the 
                Treasury to be complicit in illicit financial activity, 
                including money laundering, terrorism and proliferation 
                financing, transnational organized crime, or 
                misappropriation of state assets, that are--
                            (i) organized under the laws of the Russian 
                        Federation; or
                            (ii) owned or controlled by a foreign 
                        person described in section 202(b); and
                    (C) foreign financial institutions that are 
                directly or indirectly assisting or otherwise aiding 
                the violation of Ukrainian sovereignty, independence, 
                and territorial integrity, including the Crimea.
            (2) Form.--The report required to be submitted under this 
        subsection shall be submitted in an unclassified form, to the 
        extent appropriate, but may include a classified annex.

SEC. 205. SENSE OF CONGRESS ON HUMAN RIGHTS IN THE RUSSIAN FEDERATION.

    It is the sense of Congress that the President should greatly 
expand the list of 18 Russian officials and others published on April 
12, 2013, who were engaged in actions described in section 404 of the 
Sergei Magnitsky Rule of Law Accountability Act of 2012 (title IV of 
Public Law 112-208; 22 U.S.C. 5811) regarding the death of Sergei 
Magnitsky, illegal activity by officials of the Government of the 
Russian Federation, or violations of human rights and other offenses in 
Russia.

SEC. 206. CERTIFICATION DESCRIBED AND SUBMISSION TO CONGRESS.

    (a) In General.--A certification described in this section is a 
certification of the President to Congress that Ukrainian sovereignty, 
independence, and territorial integrity is not being violated by the 
Russian Federation or any other state actor.
    (b) Submission to Congress.--
            (1) In general.--The President shall submit the 
        certification described in subsection (a) to the appropriate 
        congressional committees in writing and shall include a 
        justification for the certification.
            (2) Form of certification.--The certification described in 
        subsection (a) shall be submitted in unclassified form but may 
        contain a classified annex.

SEC. 207. SENSE OF CONGRESS ON SUSPENSION OF ALL ACTIVITIES AND 
              MEETINGS OF THE NATO-RUSSIA COUNCIL.

    It is the sense of Congress that the United States should work to 
temporarily suspend all activities and meetings of the NATO-Russia 
Council.

SEC. 208. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--Except as 
        otherwise provided, the term ``appropriate congressional 
        committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Financial Services, the Committee on Ways and Means, 
                and the Committee on the Judiciary of the House of 
                Representatives; and
                    (B) Committee on Foreign Relations, the Committee 
                on Banking, Housing, and Urban Affairs, and the 
                Committee on the Judiciary of the Senate.
            (2) Senior foreign political figure.--The term ``senior 
        foreign political figure'' has the meaning given the term in 
        section 1010.605 of title 31, Code of Federal Regulations.

                    TITLE III--REPORTING PROVISIONS

SEC. 301. ANNUAL REPORT ON SECURITY DEVELOPMENTS IN THE RUSSIAN 
              FEDERATION AND THEIR EFFECTS ON UKRAINIAN SOVEREIGNTY.

    (a) Report.--Not later than September 30, 2014, and September 30 of 
each year thereafter through 2020, the Secretary of State shall submit 
to the specified congressional committees a report, in both classified 
and unclassified form, on the current and future security and foreign 
policy posture of the Russian Federation (in this section referred to 
as ``Russia'').
    (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, including Crimea.
            (2) The goals and factors shaping the security strategy of 
        the Government of Russia, including potential annexation of 
        non-Russian territory.
            (3) Trends in Russian security 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 and how they affect 
        neighboring countries, including Ukraine.
            (6) Developments in Russian military doctrine and training 
        and whether the developments have differed from before the 
        annexation of Crimea.
            (7) Other security developments involving Russia that the 
        Secretary of State 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 Affairs and the Committee on 
        Armed Services of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate.

SEC. 302. PRESIDENTIAL DETERMINATION AND REPORT ON COMPLIANCE BY 
              RUSSIAN FEDERATION OF ITS OBLIGATIONS UNDER INF TREATY.

    (a) Finding.--Congress finds that there are reports that the 
Russian Federation is in material breach 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, commonly referred to as the Intermediate-Range 
Nuclear Forces (INF) Treaty, signed at Washington December 8, 1987, and 
entered into force June 1, 1988.
    (b) Report.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the President shall submit to the 
        Committee on Foreign Affairs of the House of Representatives 
        and the Committee on Foreign Relations of the Senate a report 
        that includes a determination as to whether or not the Russian 
        Federation is in material breach of its obligations under the 
        INF Treaty.
            (2) Additional matters to be included.--If the President 
        determines that the Russian Federation is in material breach of 
        its obligations under the INF Treaty, the report shall also 
        include the following:
                    (A) A description of the measures taken to hold the 
                Russian Federation accountable for its violation of its 
                obligations under the INF Treaty.
                    (B) A description of the measures being taken to 
                ensure that the Russian Federation completely and 
                verifiably eliminates any military system that 
                constitutes a material breach of its obligations under 
                the INF Treaty.
            (3) Form.--The report required by this subsection shall be 
        submitted in unclassified form but may contain a classified 
        annex.

SEC. 303. REPORT ON GEOPOLITICAL IMPACT OF ENERGY EXPORTS.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Department of State's Special Envoy and 
Coordinator for International Energy Affairs shall submit to the 
appropriate congressional committees a detailed, quantitative, and 
substantive report on the potential short, medium, and long-term 
impacts of increased United States natural gas and oil exports on 
Russia's economic and political influence over Ukraine and other 
European countries.
    (b) Definition.--In this subsection, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Foreign Affairs and the Committee on 
        Energy and Commerce of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Energy and Natural Resources of the Senate.

SEC. 304. AMENDMENT TO THE IRAN, NORTH KOREA, AND SYRIA 
              NONPROLIFERATION ACT.

    (a) Findings.--Congress finds the following:
            (1) Iran continues its longstanding effort to obtain banned 
        components for its nuclear and missile programs in violation of 
        its obligations under successive United Nations Security 
        Council Resolutions.
            (2) Russian entities, including Rosoboronexport, have been 
        sanctioned with respect to proliferation activities, 
        particularly sanctions under the Iran, North Korea, and Syria 
        Nonproliferation Act (Public Law 106-178; 50 U.S.C. 1701 note).
            (3) The Department of State must expeditiously restore the 
        deterrent effect of the Iran, North Korea, and Syria 
        Nonproliferation Act by fully applying and enforcing such Act.
    (b) Amendment.--Section 2 of the Iran, North Korea, and Syria 
Nonproliferation Act (Public Law 106-178; 50 U.S.C. 1701 note) is 
amended by adding at the end the following:
    ``(f) Plan To Expedite Reports and Sanctions Under This Act.--
            ``(1) In general.--Not later than 30 days after the date of 
        the enactment of the Ukraine Support Act, the President shall 
        submit to the Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations in the 
        Senate, a plan, to include specific timetables, to expedite the 
        implementation of this Act with respect to submission of 
        reports required under subsection (a) and the application of 
        measures to certain foreign persons under section 3.
            ``(2) Special emphasis on syria.--In the submission of 
        reports required under subsection (a) and in accordance with 
        the plan required under paragraph (1), the President is 
        encouraged to place a special emphasis on any foreign person in 
        Russia, including any Russian Federation official, that is 
        engaged in any activity described in subsection (a) with 
        respect to the government of President Bashar al-Assad and any 
        affiliates thereof.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to preclude or exempt the President from 
        fulfilling or otherwise deviating from the requirements under 
        subsection (b).''.

            Passed the House of Representatives March 27, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 4278

_______________________________________________________________________

                                 AN ACT

To support the independence, sovereignty, and territorial integrity of 
                    Ukraine, and for other purposes.
```