[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8465 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8465
To amend the Foreign Assistance Act of 1961 to provide for the
designation of certain countries, including Ukraine, the Republic of
Georgia, and the Republic of Moldova, as major democratic allies, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2022
Mr. Cohen (for himself and Mr. Wilson of South Carolina) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To amend the Foreign Assistance Act of 1961 to provide for the
designation of certain countries, including Ukraine, the Republic of
Georgia, and the Republic of Moldova, as major democratic allies, 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.
This Act may be cited as the ``Euro-Atlantic Solidarity and Major
Democratic Ally Act of 2022''.
SEC. 2. DESIGNATION OF MAJOR DEMOCRATIC ALLIES; IMPROVED OVERSIGHT OF
CERTAIN DESIGNATED ALLIES.
(a) Designation and Oversight.--Chapter 2 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2311 et seq.) is amended by adding at
the end the following new sections:
``SEC. 518. DESIGNATION OF MAJOR DEMOCRATIC ALLIES.
``(a) Designation.--
``(1) In general.--The President may designate a country
that the President determines meets the standards under
paragraph (2) as a major democratic ally for purposes of this
Act and the Arms Export Control Act (22 U.S.C. 2751 et seq.).
``(2) Standards.--A country meets the standards under this
paragraph if the country--
``(A) adheres to democratic principles; or
``(B) demonstrates progress towards such
principles.
``(3) Notice to congress.--The President shall notify the
Congress in writing at least 30 days before--
``(A) designating a country as a major democratic
ally pursuant to paragraph (1); or
``(B) terminating such a designation.
``(4) Initial designations.--Ukraine, the Republic of
Georgia, and the Republic of Moldova shall be deemed to have
been so designated by the President as of the effective date of
this section, and the President is not required to notify the
Congress of such designation of those countries.
``(b) Benefits for Designated Countries.--
``(1) Improved provision of defense articles.--The
President, in coordination with the Secretary of Defense, shall
take such steps as may be necessary to simplify and accelerate
the provision of defense articles to countries designated as
major democratic allies under subsection (a), including by
ensuring that, in selecting countries with which the Secretary
of Defense will seek to enter into a security of supply
arrangement, the Secretary of Defense gives priority to such
countries.
``(2) Improved trade terms for defense articles and
strategic materials.--The President, in coordination with the
Secretary of State and the Secretary of Commerce, shall provide
for improved trade terms for defense articles and strategic
materials between countries designated as major democratic
allies under subsection (a) and the United States, including by
waiving or reducing, in whole or in part, tariffs for the
importation from such countries into the United States of such
articles and materials.
``(3) Democratic alliance commissions.--
``(A) In general.--The President shall seek to
establish a bilateral commission between each country
designated as a major democratic ally under subsection
(a) and the United States for the purpose of
facilitating bilateral efforts relating to security
cooperation, security assistance, the promotion of
democracy, human rights, trade, and such other issues
as the President may determine appropriate and
consistent with such designation. Each commission so
established shall be known as a `Democratic Alliance
Commission'.
``(B) Meetings.--Each Democratic Alliance
Commission established between a country designated as
a major democratic ally and the United States pursuant
to paragraph (A) shall hold regular meetings. Such
meetings shall be co-chaired by the Secretary of State
(or the Special Advisor under section 519(a), as an
alternate co-chair) and an appropriate counterpart of
the government of such country.
``(C) Preexisting commissions.--If the President
determines that, as of the date on which a country is
designated as a major democratic ally under subsection
(a) or deemed to have been so designated, there is a
previously established bilateral commission between
that country and the United States with the capability
to serve the purpose referred to in subparagraph (A),
such commission may be deemed a `Democratic Alliance
Commission' for purposes of that subparagraph and the
President shall not be required to seek to establish a
new commission.
``(c) Termination.--With respect to the designation of a country as
a major democratic ally under this section, the President may terminate
such designation if the President determines, taking into consideration
the findings of the annual reports submitted pursuant to section 519(c)
and such other considerations as the President may determine
appropriate, that the country does not meet the standards under
subsection (a)(2).
``(d) Rule of Construction.--The designation of a country as a
major democratic ally under this section may not be construed as a
substitute or impediment to--
``(1) accession to the North Atlantic Treaty Organization;
``(2) entrance into a bilateral security treaty with the
United States; or
``(3) entrance into any other form of alliance or alignment
with the United States or the Euro-Atlantic community.
``(e) Definitions.--In this section:
``(1) Defense article.--The term `defense article' has the
meaning given that term in section 47 of the Arms Export
Control Act (22 U.S.C. 2794).
``(2) Security supply arrangement.--The term `security
supply arrangement' means a non-binding international agreement
between the Secretary of Defense and an appropriate counterpart
from a foreign government that provides a framework for the
priority receipt and provision of defense articles and defense
services between the United States and the foreign government.
``(3) Strategic material.--The term `strategic material'
means a material determined strategic by the President, such as
titanium, steel, manganese, and rare earth elements.
``SEC. 519. OVERSIGHT OF MAJOR NON-NATO ALLIES AND MAJOR DEMOCRATIC
ALLIES.
``(a) Special Advisor.--
``(1) Appointment.--The Secretary of State shall appoint a
Special Advisor for Major Non-NATO Allies and Major Democratic
Allies.
``(2) Pay rate.--The Special Advisor under paragraph (1)
shall be compensated at the rate provided for Level IV of the
Executive Schedule Pay Rates under section 5315 of title 5,
United States Code.
``(3) Duties.--The duties of the Special Advisor under
paragraph (1) shall include the following:
``(A) Overseeing the relations of the United States
with covered countries to ensure each covered country
receives appropriate benefits and adheres to
appropriate standards in accordance with the respective
covered designation of that country.
``(B) Overseeing support by the United States for
the promotion of democracy in covered countries.
``(C) Advising the President on the addition of new
covered countries.
``(D) Advising the President on the termination of
covered designations, including by assisting in the
development of recommendations included in the annual
report under subsection (c).
``(E) Coordinating efforts under each Democratic
Alliance Commission established pursuant to paragraph
(3) of section 518(b), including by serving as
alternate co-chair of meetings pursuant to subparagraph
(B) of such paragraph.
``(4) Staff and detailees.--
``(A) Staff.--The Special Advisor under paragraph
(1) may appoint personnel from among employees in the
civil service or members of the Foreign Service as the
Special Advisor considers appropriate.
``(B) Detailees.--Upon request of the Special
Advisor under paragraph (1), the head of any office of
the legislative branch or Federal department or agency
may detail, on a reimbursable basis, any personnel of
that office, department, or agency to the Special
Advisor to assist in carrying out the duties under
paragraph (3). The Special Advisor shall encourage, to
the maximum extent practicable, the detail of personnel
under this subparagraph in carrying out such duties, to
ensure interagency coordination.
``(b) Deputy Special Advisor.--
``(1) Designation.--The Secretary of State shall designate
a civil service officer or Foreign Service officer serving in a
position classified at GS-15 under the General Schedule under
subchapter III of chapter 53 of title 5, United States Code, or
(in the case of a detailee) an equivalent level under another
wage system, as the Deputy Special Advisor for Major Non-NATO
Allies and Major Democratic Allies.
``(2) Relationship to special advisor.--The Deputy Special
Advisor under paragraph (1) shall report to the Special Advisor
under subsection (a)(1) and shall serve as Special Advisor in
the absence of the Special Advisor.
``(c) Annual Report.--
``(1) In general.--The Secretary of State (in coordination
with the Secretary of Defense, the Secretary of Commerce, and
the Special Advisor under subsection (a)(1)) shall annually
submit to the President and Congress, and make publicly
available, a report on covered countries.
``(2) Matters.--Each report submitted under paragraph (1)
shall include an assessment of the following:
``(A) Efforts taken by each covered country to
promote positive relations between the covered country
and other allies and partners of the United States.
``(B) The activities and goals of each Democratic
Alliance Commission established pursuant to section
518(b)(3).
``(C) The adherence to, or progress made towards,
democratic principles by each covered country.
``(D) The suitability of each covered country to
maintain the respective covered designation of that
country (which may include, at the discretion of the
Secretary of State, a recommendation on whether the
President should terminate such covered designation).
``(d) Definitions.--In this section:
``(1) Covered country.--The term `covered country' means a
country with a covered designation.
``(2) Covered designation.--The term `covered designation'
means a designation as a major non-NATO ally pursuant to
section 517 or a major defense ally pursuant to section 518.''.
(b) Equivalency of Major Democratic Allies to Major Non-NATO
Allies.--
(1) Equivalency under foreign assistance act of 1961.--The
Foreign Assistance Act of 1961, as amended by subsection (a),
is further amended--
(A) in section 514(c)(2) (22 U.S.C. 2321h), by
inserting `` a major democratic ally,'' after ``a major
non-NATO ally,'';
(B) in section 516(c)(2) (22 U.S.C. 2321j), by
inserting `` and major democratic allies'' after
``major non-NATO allies'';
(C) in section 620J(a)(2) (22 U.S.C. 2378a), by
striking ``(as defined in section 644(q))'' and
inserting ``or a major democratic ally (as such terms
are defined in section 644)''; and
(D) in section 644 (22 U.S.C. 2403), by adding at
the end the following new subsection:
``(r) Major Democratic Ally.--In this section, the term `major
democratic ally' means a country which is designated in accordance with
section 518 as a major democratic ally for purposes of this Act and the
Arms Export Control Act (22 U.S.C. 2751 et seq.).''.
(2) Equivalency under arms export control act.--The Arms
Export Control Act is amended--
(A) in section 21(g) (22 U.S.C. 2761), by inserting
`` or major democratic allies'' after ``major non-NATO
allies''; and
(B) in section 65(a)(1) (22 U.S.C. 2796d), by
inserting ``, or a major democratic ally,'' after
``major non-NATO ally'' each place it appears.
(c) Conforming Amendment.--Section 5315 of title 5, United States
Code, is amended by adding at the end the following new item:
``Special Advisor for Major Non-NATO Allies and Major
Democratic Allies.''.
SEC. 3. DEFENSE OF UKRAINE, REPUBLIC OF GEORGIA, AND OTHER COUNTRIES
FROM RUSSIAN AGGRESSION.
(a) Sense of Congress.--Consistent with longstanding United States
policy, and consistent with the declaration at the 2008 North Atlantic
Treaty Organization (NATO) Summit in Bucharest, Romania, that Ukraine
and the Republic of Georgia will accede to NATO, it is the sense of
Congress that Ukraine, the Republic of Georgia, and the Republic of
Moldova, should it wish to join, would be welcome and valuable allies
in NATO upon accession.
(b) Actions Relating to Ukraine and Republic of Georgia.--
(1) In general.--The President shall--
(A) direct the Permanent Representative of the
United States to NATO to use the voice, vote, and
influence of the United States at NATO to advocate for
and accelerate the accession of Ukraine and the
Republic of Georgia to NATO; and
(B) until the date on which such accessions have
occurred, take such steps as may be necessary to ensure
the independence, sovereignty, and security of Ukraine
and the Republic of Georgia.
(2) Annual report.--On an annual basis until the date on
which Ukraine and the Republic of Georgia accede to NATO, the
Secretary of State shall submit to Congress a report on the
efforts taken by the President during the year covered by the
report to advocate for and accelerate the accession of Ukraine
and the Republic of Georgia to NATO.
(c) United States Policy Relating to Defense of Certain NATO Member
States.--
(1) In general.--It is the policy of the United States that
the President shall consider any direct or indirect armed
attack attributable to the Russian Federation against a member
state of NATO intervening in defense of any country described
in paragraph (2) against Russian aggression as an armed attack
subject to the principle of collective defense pursuant to
Article 5 of the North Atlantic Treaty, signed at Washington on
April 4, 1949.
(2) Countries described.--The countries described in this
paragraph are the following:
(A) The Republic of Georgia.
(B) Moldova.
(C) Ukraine.
(D) Any other country in Europe that is not a
member state of NATO.
(d) Plans Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall complete the
development of a separate plan for the defense against Russia,
consistent with the required actions under subsection (b)(1), as
applicable, of each of the countries listed in subparagraphs (A)
through (C) of subsection (c)(2).
SEC. 4. SENSE OF CONGRESS ON DETERRENCE OF FURTHER RUSSIAN AGGRESSION
AGAINST UKRAINE WITH RESPECT TO THREAT OF WEAPONS OF MASS
DESTRUCTION.
(a) Findings.--Congress finds the following:
(1) The Russian Federation is currently engaged in a
brutal, illegal, premeditated, and destructive war against the
sovereign, democratic country of Ukraine.
(2) The Russian war on Ukraine is in gross, clear, and
uncorrected violation of the principles of the Helsinki Final
Act, in contravention of the United Nations Charter, in
violation of its obligations under the 1994 Budapest
Memorandum, and an unmitigated moral stain on its countenance.
(3) The Russian leadership has made numerous implied and
overt threats regarding the potential use of chemical,
biological, or nuclear weapons of mass destruction in
connection with its barbaric war on Ukraine.
(4) The Russian war on Ukraine is not only a humanitarian
catastrophe and a global and national security crisis, but also
a direct and potentially irreparable threat to global
nonproliferation, including notorious and gross Russian
violations of its obligations under the Budapest Memorandums
and the conduct of a civilized state.
(5) In exchange for Ukraine eliminating all nuclear weapons
from its territory, the 1994 Budapest Memorandum committed its
signatories, Russia, the United Kingdom, and the United States,
to refrain from the threat or use of force or economic coercion
against Ukraine, and provided guarantees for the independence
and sovereignty and territorial integrity of Ukraine.
(6) The employment of chemical or biological weapons by
Russia would be in violation of its obligations under the
Chemical Weapons Convention, the Geneva Protocol, and the
Biological Weapons Convention.
(7) The United States does not seek war, and urges an
immediate end to Russian aggression in and against Ukraine, but
the potential use of chemical, biological, or nuclear weapons
of mass destruction by the Russian military constitutes grave
escalation over redlines that imperil United States national
security and international peace.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should--
(A) declare that the Russian employment of
chemical, biological, or nuclear weapons of mass
destruction, including low-yield ``tactical'' nuclear
weapons, ``false flag'' operations using such weapons
of mass destruction, and the purposeful or deliberate
targeting or neglect of nuclear facilities that leads
to a nuclear event, against or in connection with the
Russian war on Ukraine, would represent crimes against
humanity;
(B) treat such crimes against humanity as an urgent
national and global security threat that may require,
in concert with other member states of the North
Atlantic Treaty Organization, the employment of any
available conventional means as necessary to secure the
peace, including the potential need to degrade and
destroy offending Russian forces in Ukraine; and
(C) make immediate efforts to provide the military
and other material means needed for the legitimate
democratic Government of Ukraine to be able to defend
its national sovereignty; and
(2) Congress stands ready to make additional appropriations
or pass other legislation to meet the needs of securing the
common struggle of Ukraine, Europe, and the United States
against Russian aggression.
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