[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3488 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 251
117th CONGRESS
2d Session
S. 3488
To counter the aggression of the Russian Federation against Ukraine and
Eastern European allies, to expedite security assistance to Ukraine to
bolster Ukraine's defense capabilities, and to impose sanctions
relating to the actions of the Russian Federation with respect to
Ukraine, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 12 (legislative day, January 10), 2022
Mr. Menendez (for himself, Mr. Schumer, Mr. Durbin, Mr. Cardin, Mrs.
Shaheen, Mr. Coons, Mr. Murphy, Mr. Kaine, Mr. Markey, Mr. Merkley, Mr.
Booker, Mr. Schatz, Mr. Van Hollen, Mrs. Feinstein, Mr. Wyden, Mr.
Reed, Mr. Carper, Ms. Stabenow, Ms. Klobuchar, Mr. Tester, Mr. Warner,
Mr. Bennet, Mrs. Gillibrand, Mr. Blumenthal, Ms. Baldwin, Ms. Hirono,
Mr. Heinrich, Ms. Duckworth, Ms. Hassan, Ms. Rosen, Mr. Kelly, Mr.
Lujan, Mr. Hickenlooper, Mr. Padilla, Ms. Smith, Mr. Peters, Mrs.
Murray, Mr. Whitehouse, Mr. Casey, Mr. Manchin, Mr. King, and Mr.
Warnock) introduced the following bill; which was read the first time
January 18, 2022
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To counter the aggression of the Russian Federation against Ukraine and
Eastern European allies, to expedite security assistance to Ukraine to
bolster Ukraine's defense capabilities, and to impose sanctions
relating to the actions of the Russian Federation with respect to
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Defending Ukraine
Sovereignty Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Sense of Congress.
Sec. 4. Statement of policy.
TITLE I--EXPEDITING SECURITY ASSISTANCE TO UKRAINE AND BOLSTERING
UKRAINE'S DEFENSE CAPABILITIES
Sec. 101. Prioritizing delivery of excess defense articles to Ukraine.
Sec. 102. Use of Department of Defense lease authority and Special
Defense Acquisition Fund to support
Ukraine.
Sec. 103. Strategy for bolstering defensive capacities of Ukraine and
enhancing delivery of security assistance.
Sec. 104. Presidential drawdown authority.
Sec. 105. Foreign Military Financing.
Sec. 106. International Military Education and Training cooperation
with Ukraine.
Sec. 107. Strategy on International Military Education and Training
programming in Ukraine.
Sec. 108. Sense of Congress on loan program.
Sec. 109. Report on security assistance and provision of defense
articles to armed forces of Ukraine.
TITLE II--COUNTERING KREMLIN AGGRESSION AGAINST UKRAINE AND EASTERN
EUROPEAN ALLIES
Sec. 201. Authorizing programs to counter and combat disinformation
activities of the Russian Federation.
Sec. 202. Expanded support and authorization for Radio Free Europe/
Radio Liberty to reach audiences on the
periphery of the Russian Federation.
Sec. 203. Multilateral efforts to bolster Ukraine's cyber defense
capabilities.
Sec. 204. Report on role of intelligence and security services of the
Russian Federation in efforts to undermine
the independence and integrity of Ukraine.
Sec. 205. Strategy for forum on European security.
Sec. 206. Deepening security and economic ties with Baltic allies.
Sec. 207. Public disclosure of assets of Vladimir Putin and his inner
circle.
Sec. 208. Briefing to fulfill United States-Ukraine strategic dialogue
objectives.
TITLE III--DETERRENCE MEASURES AGAINST FURTHER MILITARY ESCALATION AND
AGGRESSION BY THE RUSSIAN FEDERATION WITH RESPECT TO UKRAINE
Sec. 301. Definitions.
Sec. 302. Determination with respect to operations of the Russian
Federation in Ukraine.
Sec. 303. Imposition of sanctions with respect to officials of the
Government of the Russian Federation
relating to operations in Ukraine.
Sec. 304. Imposition of sanctions with respect to Russian financial
institutions.
Sec. 305. Imposition of sanctions with respect to provision of
specialized financial messaging services to
sanctioned Russian financial institutions.
Sec. 306. Prohibition on and imposition of sanctions with respect to
transactions involving Russian sovereign
debt.
Sec. 307. Department of State review of sanctions with respect to Nord
Stream 2.
Sec. 308. Imposition of sanctions with respect to Nord Stream 2.
Sec. 309. Imposition of sanctions with respect to Russian extractive
industries.
Sec. 310. Sanctions described.
Sec. 311. Implementation; regulations; penalties.
Sec. 312. Exceptions; waiver.
Sec. 313. Termination.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Sunset.
Sec. 402. Exception relating to importation of goods.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Defense article; defense service.--The terms ``defense
article'' and ``defense service'' have the meanings given those
terms in section 47 of the Arms Export Control Act (22 U.S.C.
2794).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the national security interests of the United
States to continue and deepen the security partnership between
the United States and Ukraine, and support Ukraine's
sovereignty and territorial integrity;
(2) aggression and malign influence by the Government of
the Russian Federation and its proxies in Ukraine is a threat
to the democratic sovereignty of Ukraine;
(3) in coordination with the European Union, the North
Atlantic Treaty Organization (NATO), and members of the
international community, the United States should support the
territorial integrity of Ukraine and oppose any effort by the
Government of the Russian Federation to further encroach on
Ukraine's territory and independence;
(4) the United States should work in close concert with
allies and partners of the United States--
(A) to support and expedite the provision of lethal
and non-lethal assistance to Ukraine; and
(B) to support and bolster the defense of Ukraine
against potential renewed aggression and military
escalation by the Government of the Russian Federation
or through any of its proxies;
(5) the United States and NATO should not cede to the
demands of the Government of the Russian Federation regarding
NATO membership or expansion;
(6) economic and financial sanctions, when used as part of
a coordinated and comprehensive strategy, are a powerful tool
to advance United States foreign policy and national security
interests; and
(7) the United States, in coordination with allies and
partners of the United States, should impose substantial new
sanctions in the event that the Government of the Russian
Federation or its proxies engages in escalatory military
operations or other destabilizing aggression against Ukraine.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States that--
(1) the United States will support the territorial
integrity of Ukraine and other Eastern European countries
against aggression by the Government of the Russian Federation
or its proxies;
(2) the United States will work to ensure the swift and
ongoing provision of lethal and non-lethal security assistance
to Ukraine, particularly so long as the Government of the
Russian Federation or its proxies has armed forces within the
territorial borders of Ukraine or stationed near Ukraine's
border;
(3) the United States will continue to build the resiliency
of Ukraine's military and cyber defenses and bolster Ukraine's
ability to defend against aggression by the Government of the
Russian Federation;
(4) the United States will continue to improve Ukraine's
interoperability with NATO forces and seek to further enhance
security cooperation and engagement with and among partners in
the Black Sea and Baltic region;
(5) the United States will work closely with regional
partners, including those in the Black Sea region and the
Baltic states, to strengthen Ukrainian and regional security;
and
(6) the United States is committed to a strong and unified
NATO and will not cede to the demands of the Government of the
Russian Federation regarding NATO membership.
TITLE I--EXPEDITING SECURITY ASSISTANCE TO UKRAINE AND BOLSTERING
UKRAINE'S DEFENSE CAPABILITIES
SEC. 101. PRIORITIZING DELIVERY OF EXCESS DEFENSE ARTICLES TO UKRAINE.
(a) In General.--During fiscal year 2022, the United States should
give priority to the delivery of excess defense articles to Ukraine
over the transfer of such articles to other countries and regions under
section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(c)(2)).
(b) Waiver.--The President may waive subsection (a) if the
President certifies to the appropriate congressional committees, the
Committee on Armed Services of the Senate, and the Committee on Armed
Services of the House of Representatives, that such a waiver is in the
national security interest of the United States.
SEC. 102. USE OF DEPARTMENT OF DEFENSE LEASE AUTHORITY AND SPECIAL
DEFENSE ACQUISITION FUND TO SUPPORT UKRAINE.
(a) Use of Special Defense Acquisition Fund.--The Secretary of
Defense, in consultation with the Secretary of State, may utilize, to
the maximum extent possible, the Special Defense Acquisition Fund
established under section 51 of the Arms Export Control Act (22 U.S.C.
2795) to expedite the procurement and delivery of defense articles and
defense services for the purpose of assisting and supporting the armed
forces of Ukraine.
(b) Use of Lease Authority.--The Secretary of Defense, in
consultation with the Secretary of State, may utilize, to the maximum
extent possible, its lease authority, including with respect to no-cost
leases, to provide defense articles to Ukraine for the purpose of
assisting and supporting the armed forces of Ukraine.
SEC. 103. STRATEGY FOR BOLSTERING DEFENSIVE CAPACITIES OF UKRAINE AND
ENHANCING DELIVERY OF SECURITY ASSISTANCE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees, the Committee on Armed Services
of the Senate, and the Committee on Armed Services of the House of
Representatives, a strategy for bolstering the defensive capabilities
of the armed forces of Ukraine and enhancing the delivery of security
assistance to Ukraine, which shall include the following:
(1) A plan to meet the most critical capability gaps and
capacity shortfalls of the armed forces of Ukraine.
(2) A plan for United States cooperation with allies and
partners to provide immediate assistance to the armed forces of
Ukraine.
(3) A plan to prioritize the delivery of excess defense
articles to Ukraine in accordance with section 101.
(4) A plan to transfer to Ukraine defense articles
previously allocated for operations in Afghanistan that are
available for transfer, as appropriate.
(b) Form.--The strategy required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex if
necessary.
SEC. 104. PRESIDENTIAL DRAWDOWN AUTHORITY.
The authority under section 506(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2318(a)) may be exercised during fiscal year 2022 for
Ukraine to the maximum extent available for that fiscal year.
SEC. 105. FOREIGN MILITARY FINANCING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the provision of security assistance to Ukraine is one
of the most efficient and effective mechanisms for supporting
Ukraine and ensuring that it can defend against aggression by
the Russian Federation;
(2) in light of the military build-up by the Government of
the Russian Federation, the United States, working with allies
and partners, should work to expedite the provision of defense
articles and other security assistance to Ukraine and
prioritize and facilitate assistance to respond to the most
urgent defense needs of the armed forces of Ukraine; and
(3) the United States should ensure adequate planning for
maintenance for any equipment provided to Ukraine.
(b) Authorization of Emergency Supplemental Appropriations.--Upon
an affirmative determination under section 302, there is authorized to
be appropriated for the Department of State for fiscal year 2022
$500,000,000, as an authorization of emergency supplemental
appropriations, for Foreign Military Financing assistance to Ukraine to
assist the country in meeting its defense needs.
(c) Notice to Congress.--Not later than 15 days before providing
assistance or support pursuant to subsection (a), the Secretary of
State shall submit to the appropriate congressional committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a notification
containing the following:
(1) A detailed description of the assistance or support to
be provided, including--
(A) the objectives of such assistance or support;
(B) the budget for such assistance or support; and
(C) the expected or estimated timeline for delivery
of such assistance or support.
(2) A description of such other matters as the Secretary
considers appropriate.
(d) Authority To Provide Lethal Assistance.--The Secretary of State
is authorized to provide lethal assistance under this section,
including anti-armor weapon systems, mortars, crew-served weapons and
ammunition, grenade launchers and ammunition, anti-tank weapons
systems, anti-ship weapons systems, anti-aircraft weapons systems, and
small arms and ammunition.
SEC. 106. INTERNATIONAL MILITARY EDUCATION AND TRAINING COOPERATION
WITH UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) International Military Education and Training (IMET) is
a critical component of United States security assistance that
facilitates training of international forces and strengthens
cooperation and ties between the United States and foreign
countries;
(2) it is in the national interest of the United States to
further strengthen the armed forces of Ukraine, particularly to
enhance their defensive capability and improve interoperability
for joint operations; and
(3) the Government of Ukraine should fully utilize the
United States IMET program, encourage eligible officers and
civilian leaders to participate in the training, and promote
successful graduates to positions of prominence in the armed
forces of Ukraine.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of State for fiscal year 2022 $3,000,000
for International Military Education and Training assistance for
Ukraine. The assistance shall be made available for the following
purposes:
(1) Training of future leaders.
(2) Establishing a rapport between the United States Armed
Forces and the armed forces of Ukraine to build partnerships
for the future.
(3) Enhancement of interoperability and capabilities for
joint operations.
(4) Focusing on professional military education, civilian
control of the military, and human rights.
(5) Fostering a better understanding of the United States.
(c) Notice to Congress.--Not later than 15 days before providing
assistance or support pursuant to subsection (a), the Secretary of
State shall submit to the appropriate congressional committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a notification
containing the following elements:
(1) A detailed description of the assistance or support to
be provided, including--
(A) the objectives of such assistance or support;
(B) the budget for such assistance or support; and
(C) the expected or estimated timeline for delivery
of such assistance or support.
(2) A description of such other matters as the Secretary
considers appropriate.
SEC. 107. STRATEGY ON INTERNATIONAL MILITARY EDUCATION AND TRAINING
PROGRAMMING IN UKRAINE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a strategy for the implementation
of the International Military Education and Training program in Ukraine
authorized under section 106.
(b) Elements.--The strategy required under subsection (a) shall
include the following elements:
(1) A clear plan, developed in close consultation with the
Ukrainian Ministry of Defense and the armed forces of Ukraine,
for how the IMET program will be used by the United States
Government and the Government of Ukraine to propel program
graduates to positions of prominence in support of the reform
efforts of the armed forces of Ukraine in line with NATO
standards.
(2) An assessment of the education and training
requirements of the armed forces of Ukraine and clear
recommendations for how IMET graduates should be assigned by
the Ukrainian Ministry of Defense upon completion of education
or training.
(3) An accounting of the current combat requirements of the
armed forces of Ukraine and an assessment of the viability of
alternative mobile training teams, distributed learning, and
other flexible solutions to reach such students.
(4) An identification of opportunities to influence the
next generation of leaders through attendance at United States
staff and war colleges, junior leader development programs, and
technical schools.
(c) Form.--The strategy required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 108. SENSE OF CONGRESS ON LOAN PROGRAM.
It is the sense of Congress that--
(1) as appropriate, the United States Government should
provide direct loans to Ukraine for the procurement of defense
articles, defense services, and design and construction
services pursuant to the authority of section 23 of the Arms
Export Control Act (22 U.S.C. 2763) to support the further
development of Ukraine's military forces; and
(2) such loans should be considered an additive security
assistance tool, and not a substitute for Foreign Military
Financing for grant assistance or Ukraine Security Assistance
Initiative programming.
SEC. 109. REPORT ON SECURITY ASSISTANCE AND PROVISION OF DEFENSE
ARTICLES TO ARMED FORCES OF UKRAINE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committees, the Committee on Armed Services of the Senate, and the
Committee on Armed Services of the House of Representatives, a report
that includes--
(1) a description of the steps the United States has taken
to provide and expedite security assistance, defense articles,
and any other forms of support to Ukraine and the armed forces
of Ukraine, including increasing air defense capabilities,
since September 1, 2021;
(2) a description of any increased assistance and support
provided by allies and partners of the United States or Ukraine
to Ukraine or the armed forces of Ukraine, including increasing
air defense capabilities, since September 1, 2021; and
(3) a description of any plans by the United States to
provide additional assistance and support to Ukraine or the
armed forces of Ukraine.
TITLE II--COUNTERING KREMLIN AGGRESSION AGAINST UKRAINE AND EASTERN
EUROPEAN ALLIES
SEC. 201. AUTHORIZING PROGRAMS TO COUNTER AND COMBAT DISINFORMATION
ACTIVITIES OF THE RUSSIAN FEDERATION.
(a) Countering Russian Influence Fund.--The Secretary of State
should use funds available for obligation in the Countering Russian
Influence Fund described in section 7070(d) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31; 131 Stat. 706)--
(1) to prioritize assisting Ukraine to detect and combat
disinformation from the Russian Federation and its proxies; and
(2) to assist the Government of Ukraine in developing new
defense strategies and technologies.
(b) Strategy Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a plan for
countering and combating disinformation by the Russian
Federation and supporting free and independent media in Ukraine
that includes--
(A) a plan to assist the Government of Ukraine in
combating and responding to malign influence operations
of the Russian Federation aimed at inflaming tensions
and dividing Ukrainian society;
(B) an assessment of effective efforts and programs
to improve media literacy in Ukraine and
recommendations for how the United States can assist in
supporting and expanding those programs;
(C) a plan to assist the Government of Ukraine
improve efforts to detect and remove content
originating from Russian troll farms, bots, and other
sources aimed at sowing division and disseminating
disinformation in Ukraine or targeting Ukrainian
audiences;
(D) recommendations to increase support for
independent media outlets, including Radio Free Europe/
Radio Liberty; and
(E) recommendations to increase support for
independent media outlets catering to Russian-speaking
populations residing in Russian-occupied Crimea, the
Donbas region of Ukraine, and throughout Ukraine.
(2) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex if necessary.
SEC. 202. EXPANDED SUPPORT AND AUTHORIZATION FOR RADIO FREE EUROPE/
RADIO LIBERTY TO REACH AUDIENCES ON THE PERIPHERY OF THE
RUSSIAN FEDERATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Radio Free Europe/Radio Liberty continues to fulfill
its mission of providing reliable, uncensored, and accessible
news and reporting in Ukraine and other countries where media
freedom is restricted;
(2) Radio Free Europe/Radio Liberty is one of the most
critical sources of unrestricted, independent news and
reporting for audiences on the periphery of the Russian
Federation;
(3) the Government of the Russian Federation has engaged in
systematic targeting of Radio Free Europe/Radio Liberty
reporters inside the Russian Federation, which has negatively
impacted the organization's ability to provide timely,
reliable, and accurate news from inside the country; and
(4) despite pressure from the Government of the Russian
Federation, Radio Free Europe/Radio Liberty's audience
continues to grow inside the Russian Federation and surrounding
countries.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $155,500,000 for Radio Free Europe/Radio Liberty for
fiscal year 2022.
(c) Authorization of New Bureaus.--Radio Free Europe/Radio Liberty
may explore opening new bureaus to help expand its ability to reach
audiences on the periphery of the Russian Federation.
(d) Initiatives To Bolster Radio Free Europe/Radio Liberty Bureaus
Around Russian Federation's Periphery.--To help expand its reach to
Russian-speaking audiences and increase its reach to audiences through
digital media, Radio Free Europe/Radio Liberty should--
(1) evaluate where Russian disinformation is most deeply
pervasive in the Eurasia region;
(2) develop strategies to better communicate with
predominately Russian-speaking regions;
(3) build on efforts to increase capacity and programming
to counter disinformation in real time;
(4) expand Russian language investigative journalism;
(5) improve the technical capacity of the Ukraine bureau;
and
(6) continue efforts to increase digital news services.
(e) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the United States Agency for Global Media shall
submit to the appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations of
the House of Representatives a report that includes--
(1) recommendations of locations to open new bureaus to
help reach new audiences in the broader Eurasia region;
(2) an assessment of current staffing and anticipated
staffing needs in order to effectively reach audiences in the
broader Eurasia region; and
(3) an assessment of the impact of the Government of the
Russian Federation closing down Radio Free Europe/Radio Liberty
within the Russian Federation.
SEC. 203. MULTILATERAL EFFORTS TO BOLSTER UKRAINE'S CYBER DEFENSE
CAPABILITIES.
(a) Statement of Policy.--It is the policy of the United States--
(1) to support multilateral, intergovernmental, and
nongovernmental efforts to improve Ukraine's cybersecurity
capacity, including addressing legislative and regulatory gaps
in Ukraine's cybersecurity policies, improving cybersecurity
sector governance, and expanding collaboration among relevant
stakeholders in both the public and private sectors;
(2) to work with the Government of Ukraine to strengthen
cybersecurity technical capacity within critical infrastructure
sectors and improve the overall cybersecurity workforce by
strengthening cybersecurity-related academic and training
programs and exchanges;
(3) to work closely with the NATO Cooperative Cyber Defence
Centre of Excellence, the European Union Agency for
Cybersecurity, and the National Cyber Security Centre of the
United Kingdom to bolster Ukraine's cyber defense capabilities;
and
(4) to strengthen the ability of the Government of Ukraine
to detect, investigate, disrupt, and deter cyberattacks and to
develop cybersecurity incident response teams.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on efforts to implement
the policy described in subsection (a).
(c) Evaluation of Imposition of Sanctions.--In the event the
Government of the Russian Federation or any of its proxies engages in a
cyberattack or cyber incident that materially disrupts or degrades any
critical infrastructure in Ukraine, the President shall evaluate
whether imposing any of the sanctions described in section 310 is in
the national security interests of the United States.
SEC. 204. REPORT ON ROLE OF INTELLIGENCE AND SECURITY SERVICES OF THE
RUSSIAN FEDERATION IN EFFORTS TO UNDERMINE THE
INDEPENDENCE AND INTEGRITY OF UKRAINE.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees, the Select Committee on
Intelligence of the Senate, and the Permanent Select Committee on
Intelligence of the House of Representatives, a report on the role of
the intelligence and security services of the Russian Federation in
efforts to undermine and interfere with the independence of Ukraine.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an assessment of the priorities and objectives of the
intelligence and security services of the Russian Federation
with respect to Ukraine;
(2) a detailed description of the steps taken by any
intelligence or security services of the Russian Federation to
undermine the stability of Ukraine or the Government of
Ukraine;
(3) a complete list of the branches of the intelligence or
security services of the Russian Federation that have engaged
in any influence efforts or campaigns to undermine the
stability of Ukraine or the Government of Ukraine;
(4) an assessment of--
(A) the tactics and techniques used by any
intelligence and security services of the Russian
Federation with respect to Ukraine; and
(B) the success of those tactics and techniques;
and
(5) any plans by the United States to provide additional
support to the Government of Ukraine to prevent internal
destabilization efforts, including through intelligence sharing
and support for reforms and anti-corruption efforts.
SEC. 205. STRATEGY FOR FORUM ON EUROPEAN SECURITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should work closely with NATO allies,
particularly those that share a border with the Russian
Federation, on any matters related to European security; and
(2) the United States Mission to the Organization for
Security and Co-operation in Europe (commonly referred to as
the ``OSCE'') should--
(A) support an inclusive European security dialogue
that calls on OSCE participating states to comply with
principles set forth in the Helsinki Final Act, the
Charter of Paris for a New Europe, and the Charter of
the United Nations; and
(B) continue to publicly call for the Government of
the Russian Federation to adhere to its commitments as
an OSCE participating state.
(b) Strategy on European Security.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a strategy for
continued engagement with the Government of the Russian Federation
following January 2022 security dialogues, including the Strategic
Stability Dialogue in Geneva, the NATO-Russia Council Meeting in
Brussels, and the Organization for Security and Co-operation in Europe
Permanent Council Meeting in Vienna, which shall include--
(1) an assessment of whether the Government of the Russian
Federation has sufficiently de-escalated regional tensions,
including through a significant withdrawal of troops from the
border of Ukraine, to merit further discussion;
(2) an assessment of the objectives of the Government of
the Russian Federation related to European security;
(3) a plan to reduce tensions between the Russian
Federation and Eastern European allies, taking into account the
perspectives of a wide cross section of European allies of the
United States; and
(4) a plan for including Eastern European NATO allies,
specifically those that share a border with the Russian
Federation, in any conversations on European security.
(c) Form.--The strategy required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex if
necessary.
SEC. 206. DEEPENING SECURITY AND ECONOMIC TIES WITH BALTIC ALLIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) supporting and bolstering the security of the Baltic
states of Estonia, Latvia, and Lithuania is in the national
security interests of the United States;
(2) the Baltic states are critical in countering aggression
by the Government of the Russian Federation and maintaining the
collective security of the NATO alliance;
(3) the United States should continue to support and foster
a security partnership with the Baltic states that aims to meet
their security needs and provides additional capabilities and
tools to help defend against aggression by the Government of
the Russian Federation in the region;
(4) the United States should encourage the initiative
undertaken by the Baltic states to advance the Three Seas
Initiative to strengthen transport, energy, and digital
infrastructures among eastern Europe countries;
(5) there are mutually beneficial opportunities for
increased investment and economic expansion between the United
States and the Baltic states; and
(6) improved economic ties between the United States and
the Baltic states will lead to a strengthened strategic
partnership.
(b) Baltic Security and Economic Enhancement Initiative.--
(1) In general.--The Secretary of State shall establish an
initiative to deepen and foster security and economic ties with
the Baltic states.
(2) Purpose and objectives.--The initiative established
under paragraph (1) shall have the following goals and
objectives:
(A) Ensuring the efficient and effective delivery
of security assistance to the Baltic states,
prioritizing assistance that will bolster defenses
against hybrid warfare and improve interoperability
with NATO forces.
(B) Bolstering United States support for the Baltic
region's physical and energy security needs.
(C) Mitigating the impact of economic coercion by
the Russian Federation and the People's Republic of
China on Baltic states and identifying new
opportunities for foreign direct investment and United
States business ties.
(D) Improving high-level engagement between the
United States and the Baltic states, with a focus on
improving high-level security and economic cooperation.
(3) Activities.--The initiative established under paragraph
(1) shall--
(A) develop a comprehensive security assistance
strategy to strengthen the defensive capabilities of
the Baltic states, in coordination with other security
assistance authorities, that takes into account the
unique challenges of the proximity of the Baltic states
to the Russian Federation and the threat of aggression
against the Baltic states from the Government of the
Russian Federation;
(B) encourage the United States International
Development Finance Corporation to identify new
opportunities for investment in the Baltic states;
(C) send high-level representatives of the
Department of State to--
(i) the Baltic states not less frequently
than twice a year; and
(ii) major regional fora on physical and
energy security, including the Three Seas
Initiative Summit and Business Forum and the
Baltic Sea Security Conference;
(D) convene an annual trade forum, in coordination
with the governments of Baltic states, to foster
investment opportunities in the Baltic region for
United States businesses; and
(E) foster dialogue between experts from the United
States and from the Baltic states on hybrid warfare,
cyber defenses, economic expansion, and foreign direct
investment.
SEC. 207. PUBLIC DISCLOSURE OF ASSETS OF VLADIMIR PUTIN AND HIS INNER
CIRCLE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury, in coordination
with the Director of National Intelligence and the Secretary of State,
shall submit to the committees specified in subsection (d) a detailed
report on the personal net worth and assets of the President of the
Russian Federation, Vladimir Putin, and his inner circle.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an identification of significant senior foreign
political figures and oligarchs in the Russian Federation, as
determined by their closeness to Vladimir Putin;
(2) the estimated net worth and known sources of income of
the individuals identified under paragraph (1), Vladimir Putin,
and the family members of such individuals and Vladimir Putin
(including spouses, children, parents, and siblings), including
assets, investments, bank accounts, business interests, held in
and outside of the Russian Federation, and relevant beneficial
ownership information;
(3) an estimate of the total annual income and personal
expenditures of Vladimir Putin and his family members for
calendar years 2017 through 2021; and
(4) all known details about the financial practices and
transparency, or lack thereof, of Vladimir Putin and the
individuals identified under paragraph (1).
(c) Form.--
(1) In general.--The report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Public availability.--The unclassified portion of the
report required by subsection (a) shall be made available on a
publicly accessible internet website.
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the appropriate congressional committees;
(2) the Select Committee on Intelligence and the Committee
on Banking, Housing, and Urban Affairs of the Senate; and
(3) the Permanent Select Committee on Intelligence and the
Committee on Financial Services of the House of
Representatives.
SEC. 208. BRIEFING TO FULFILL UNITED STATES-UKRAINE STRATEGIC DIALOGUE
OBJECTIVES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall provide to the
appropriate congressional committees a briefing on efforts to deepen
ties with Ukraine and fully implement the objectives outlined in the
United States-Ukraine Charter on Strategic Partnership, signed by
Secretary of State Antony Blinken and Ukrainian Foreign Minister Dmytro
Kuleba on November 10, 2021.
(b) Elements.--The briefing required by subsection (a) shall
include the following:
(1) A plan to bolster support for Ukraine's sovereignty,
independence, territorial integrity, and inviolability of
borders, including plans for high-level representation and
robust participation in Ukraine's Crimea Platform.
(2) A plan to highlight human rights abuses by the
Government of the Russian Federation in Ukrainian territory,
which shall include mechanisms to draw attention to persecuted
minorities and political prisoners in Crimea and the Donbas.
(3) An assessment of humanitarian assistance needs for
those affected or displaced by the war in Donbas.
(4) A plan to support democracy and the rule of law in
Ukraine, which shall include efforts to build on progress made
on the establishment of anti-corruption institutions, land
reform, local governance, and digitalization.
TITLE III--DETERRENCE MEASURES AGAINST FURTHER MILITARY ESCALATION AND
AGGRESSION BY THE RUSSIAN FEDERATION WITH RESPECT TO UKRAINE
SEC. 301. DEFINITIONS.
In this title:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(3) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(M), or (Y) of section 5312(a)(2) of title 31, United States
Code.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
regulations prescribed by the Secretary of the Treasury.
(5) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(6) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person had
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(7) 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 any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 302. DETERMINATION WITH RESPECT TO OPERATIONS OF THE RUSSIAN
FEDERATION IN UKRAINE.
(a) In General.--The President shall determine, at such times as
are required under subsection (b), whether--
(1) the Government of the Russian Federation, including
through any of its proxies, is engaged in or knowingly
supporting a significant escalation in hostilities or hostile
action in or against Ukraine, compared to the level of
hostilities or hostile action in or against Ukraine prior to
December 1, 2021; and
(2) if so, whether such escalation has the aim or effect of
undermining, overthrowing, or dismantling the Government of
Ukraine, occupying the territory of Ukraine, or interfering
with the sovereignty or territorial integrity of Ukraine.
(b) Timing of Determinations.--The President shall make the
determination described in subsection (a)--
(1) not later than 15 days after the date of the enactment
of this Act;
(2) after the first determination under paragraph (1),
every 90 days (or more frequently as warranted) during the one-
year period beginning on such date of enactment; and
(3) after the end of that one-year period, every 120 days.
(c) Report Required.--Upon making a determination under this
section, the President shall submit to the appropriate committees of
Congress, the Committee on Armed Services of the Senate, and the
Committee on Armed Services of the House of Representatives, a report
on the determination.
SEC. 303. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS OF THE
GOVERNMENT OF THE RUSSIAN FEDERATION RELATING TO
OPERATIONS IN UKRAINE.
(a) In General.--Upon making an affirmative determination under
section 302 and not later than 60 days following such a determination,
the President shall impose the sanctions described in section 310 with
respect to each of the officials specified in subsection (b).
(b) Officials Specified.--The officials specified in this
subsection are the following:
(1) The President of the Russian Federation.
(2) The Prime Minister of the Russian Federation.
(3) The Foreign Minister of the Russian Federation.
(4) The Minister of Defense of the Russian Federation.
(5) The Chief of the General Staff of the Armed Forces of
the Russian Federation.
(6) The Commander-in-Chief of the Land Forces of the
Russian Federation.
(7) The Commander-in-Chief of the Aerospace Forces of the
Russian Federation.
(8) The Commander of the Airborne Forces of the Russian
Federation.
(9) The Commander-in-Chief of the Navy of the Russian
Federation.
(10) The Commander of the Strategic Rocket Forces of the
Russian Federation.
(11) The Commander of the Special Operations Forces of the
Russian Federation.
(12) The Commander of Logistical Support of the Armed
Forces of the Russian Federation.
(c) Additional Officials.--
(1) List required.--Not later than 30 days after making an
affirmative determination under section 302 and every 90 days
thereafter, the President shall submit to the appropriate
committees of Congress a list of foreign persons that the
President determines--
(A) are--
(i) senior officials of any branch of the
armed forces of the Russian Federation leading
any of the operations described in section 302;
or
(ii) senior officials of the Government of
the Russian Federation, including any
intelligence agencies or security services of
the Russian Federation, with significant roles
in planning or implementing such operations;
and
(B) with respect to which sanctions should be
imposed in the interest of the national security of the
United States.
(2) Imposition of sanctions.--Upon the submission of each
list required by paragraph (1), the President shall impose the
sanctions described in section 310 with respect to each foreign
person on the list.
SEC. 304. IMPOSITION OF SANCTIONS WITH RESPECT TO RUSSIAN FINANCIAL
INSTITUTIONS.
(a) Imposition of Sanctions.--
(1) In general.--Upon making an affirmative determination
under section 302 and not later than 30 days following such a
determination, the President shall impose the sanctions
described in section 310(a)(1) with respect to 3 or more of the
following financial institutions:
(A) Sberbank.
(B) VTB.
(C) Gazprombank.
(D) VEB.RF.
(E) The Russian Direct Investment Fund.
(F) Credit Bank of Moscow.
(G) Alfa Bank.
(H) Rosselkhozbank.
(I) FC Bank Otkritie.
(J) Promsvyazbank.
(K) Sovcombank.
(L) Transkapitalbank.
(2) Subsidiaries and successor entities.--The President may
impose the sanctions described in section 310(a)(1) with
respect to any subsidiary of, or successor entity to, a
financial institution specified in paragraph (1).
(b) Additional Russian Financial Institutions.--
(1) List required.--Not later than 30 days after making an
affirmative determination under section 302, and every 90 days
thereafter, the President shall submit to the appropriate
committees of Congress a list of foreign persons that the
President determines--
(A) are significant financial institutions owned or
operated by the Government of the Russian Federation;
and
(B) should be sanctioned in the interest of United
States national security.
(2) Imposition of sanctions.--Upon the submission of each
list required by paragraph (1), the President shall impose the
sanctions described in section 310(a)(1) with respect to each
foreign person identified on the list.
SEC. 305. IMPOSITION OF SANCTIONS WITH RESPECT TO PROVISION OF
SPECIALIZED FINANCIAL MESSAGING SERVICES TO SANCTIONED
RUSSIAN FINANCIAL INSTITUTIONS.
(a) List of Providers of Specialized Financial Messaging Services
to Russian Financial Institutions.--Not later than 60 days after making
an affirmative determination under section 302, and not later than 30
days after the submission of any list of Russian financial institutions
under section 304(b)(1), the Secretary of State, in consultation with
the Secretary of the Treasury, shall submit to the appropriate
committees of Congress a list of all known persons that provide
specialized financial messaging services to, or that enable or
facilitate access to such services for, any financial institution
specified in subsection (a) of section 304 or on the list required by
subsection (b) of that section.
(b) Report on Efforts To Terminate the Provision of Specialized
Financial Messaging Services for Sanctioned Russian Financial
Institutions.--Not later than 90 days after the imposition of any
sanctions under section 304, and every 30 days thereafter as necessary,
the Secretary of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate committees of Congress a
report that--
(1) describes the status of efforts to ensure that the
termination of the provision of specialized financial messaging
services to, and the enabling and facilitation of access to
such services for, any financial institution with respect to
which sanctions are imposed under section 304; and
(2) identifies any other provider of specialized financial
messaging services that continues to provide messaging services
to, or enables or facilitates access to such services for, any
such financial institution.
(c) Authorization for the Imposition of Sanctions.--If, on or after
the date that is 90 days after the imposition of any sanctions under
section 304, a provider of financial specialized financial messaging
services continues to knowingly provide specialized financial messaging
services to, or knowingly enable or facilitate direct or indirect
access to such messaging services for, any financial institution with
respect to which sanctions are imposed under section 304, the President
may impose sanctions pursuant to that section or the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to
that provider.
(d) Enabling or Facilitation of Access to Specialized Financial
Messaging Services Through Intermediary Financial Institutions.--For
purposes of this section, enabling or facilitating direct or indirect
access to specialized financial messaging services includes doing so by
serving as an intermediary financial institution with access to such
messaging services.
(e) Form of Lists and Reports.--Each list required by subsection
(a) and each report required by subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 306. PROHIBITION ON AND IMPOSITION OF SANCTIONS WITH RESPECT TO
TRANSACTIONS INVOLVING RUSSIAN SOVEREIGN DEBT.
(a) Prohibition on Transactions.--Upon making an affirmative
determination under section 302 and not later than 30 days following
such a determination, the President shall prohibit all transactions by
United States persons involving the sovereign debt of the Government of
the Russian Federation issued on or after the date of the enactment of
this Act, including governmental bonds.
(b) Imposition of Sanctions With Respect to State-owned
Enterprises.--
(1) In general.--Not later than 60 days after making an
affirmative determination under section 302, the President
shall identify and impose the sanctions described in section
310 with respect to foreign persons that the President
determines engage in transactions involving the debt--
(A) of not less than 10 entities owned or
controlled by the Government of the Russian Federation;
and
(B) that is not subject to any other sanctions
imposed by the United States.
(2) Applicability.--Sanctions imposed under paragraph (1)
shall apply with respect to debt of an entity described in
subparagraph (A) of that paragraph that is issued after the
date that is 90 days after the President makes an affirmative
determination under section 302.
(c) List; Imposition of Sanctions.--Not later than 30 days after
making an affirmative determination under section 302, and every 90
days thereafter, the President shall--
(1) submit to the appropriate committees of Congress a list
of foreign persons that the President determines are engaged in
transactions described in subsection (a); and
(2) impose the sanctions described in section 310 with
respect to each such person.
SEC. 307. DEPARTMENT OF STATE REVIEW OF SANCTIONS WITH RESPECT TO NORD
STREAM 2.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Nord Stream 2 pipeline is a tool of malign
influence of the Russian Federation and if it becomes
operational, it will embolden the Russian Federation to further
pressure and destabilize Ukraine; and
(2) the United States should consider all available and
appropriate measures to prevent the Nord Stream 2 pipeline from
becoming operational, including through sanctions with respect
to entities and individuals responsible for planning,
constructing, or operating the pipeline, and through diplomatic
efforts.
(b) Department of State Review of Sanctions on Nord Stream 2.--Not
later than 30 days after the date of the enactment of this Act, the
Secretary of State shall review whether the May 19, 2021, waiver
regarding sanctions with respect to Nord Stream 2 AG and the chief
executive officer of Nord Stream 2 AG remains in the best interest of
United States national security, especially in light of the Russian
Federation's military build-up along the border of Ukraine.
SEC. 308. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD STREAM 2.
Upon making an affirmative determination under section 302 and not
later than 30 days following such a determination, the President shall
impose the sanctions described in section 310 with respect to a foreign
person that is--
(1) any entity established for or responsible for the
planning, construction, or operation of the Nord Stream 2
pipeline or a successor entity; and
(2) any corporate officer of an entity described in
paragraph (1).
SEC. 309. IMPOSITION OF SANCTIONS WITH RESPECT TO RUSSIAN EXTRACTIVE
INDUSTRIES.
(a) Identification.--Not later than 60 days after making an
affirmative determination under section 302, the President shall
identify foreign persons in any of the sectors or industries described
in subsection (b) that the President determines should be sanctioned in
the interest of United States national security.
(b) Sectors and Industries Described.--The sectors and industries
described in this subsection are the following:
(1) Oil and gas extraction and production.
(2) Coal extraction, mining, and production.
(3) Minerals extraction and processing.
(4) Any other sector or industry with respect to which the
President determines the imposition of sanctions is in the
United States national security interest.
(c) List; Imposition of Sanctions.--Not later than 90 days after
making an affirmative determination under section 302, the President
shall--
(1) submit to the appropriate committees of Congress a list
of the persons identified under subsection (a); and
(2) impose the sanctions described in section 310 with
respect to each such person.
SEC. 310. SANCTIONS DESCRIBED.
The sanctions to be imposed with respect to a foreign person under
this title are the following:
(1) Property blocking.--The President shall exercise all of
the powers granted 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 the foreign person 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.
(2) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an
alien, the alien 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.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of an alien described in
subparagraph (A) shall be revoked, regardless
of when such visa or other entry documentation
is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
SEC. 311. IMPLEMENTATION; REGULATIONS; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this title.
(b) Regulations.--The President shall issue such regulations,
licenses, and orders as are necessary to carry out this title.
(c) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this Act or any
regulation, license, or order issued to carry out this title 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.
SEC. 312. EXCEPTIONS; WAIVER.
(a) Exceptions.--
(1) Exception for intelligence activities.--This title
shall not apply with respect to activities subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception for compliance with international obligations
and law enforcement activities.--Sanctions under this title
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success on June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations of the United
States; or
(B) to carry out or assist law enforcement activity
in the United States.
(b) National Security Waiver.--The President may waive the
imposition of sanctions under this title 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) submits to the appropriate committees of Congress a
notification of the waiver and the reasons for the waiver.
SEC. 313. TERMINATION.
The President may terminate the sanctions imposed under this title
after determining and certifying to the appropriate committees of
Congress that the Government of the Russian Federation has--
(1) verifiably withdrawn all of its forces from Ukrainian
territory that was not occupied or subject to control by forces
or proxies of the Government of the Russian Federation prior to
December 1, 2021;
(2) ceased supporting proxies in Ukrainian territory
described in paragraph (1); and
(3) entered into an agreed settlement with a legitimate
democratic government of Ukraine.
TITLE IV--GENERAL PROVISIONS
SEC. 401. SUNSET.
(a) Titles I and II.--The provisions of titles I and II shall
terminate on the date that is 5 years after the date of the enactment
of this Act.
(b) Title III.--The provisions of title III shall terminate on the
date that is 3 years after the date of the enactment of this Act.
SEC. 402. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--Notwithstanding any other provision of this Act,
the authority or a requirement to impose sanctions under this Act shall
not include the authority or a requirement to impose sanctions on the
importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test equipment, and
excluding technical data.
Calendar No. 251
117th CONGRESS
2d Session
S. 3488
_______________________________________________________________________
A BILL
To counter the aggression of the Russian Federation against Ukraine and
Eastern European allies, to expedite security assistance to Ukraine to
bolster Ukraine's defense capabilities, and to impose sanctions
relating to the actions of the Russian Federation with respect to
Ukraine, and for other purposes.
_______________________________________________________________________
January 18, 2022
Read the second time and placed on the calendar