[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4955 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 606
117th CONGRESS
  2d Session
                                S. 4955

 To amend certain authorities relating to human rights violations and 
               abuses in Ukraine, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2022

 Mr. Young (for himself and Ms. Rosen) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

                            December 7, 2022

              Reported by Mr. Menendez, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend certain authorities relating to human rights violations and 
               abuses in Ukraine, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Ukraine Human Rights Policy 
Act of 2022''.</DELETED>

<DELETED>SEC. 2. CONGRESSIONAL OVERSIGHT OF MANDATORY IMPOSITION OF 
              SANCTIONS WITH RESPECT TO TRANSACTIONS WITH PERSONS 
              RESPONSIBLE FOR HUMAN RIGHTS ABUSES.</DELETED>

<DELETED>    Section 11 of the Support for the Sovereignty, Integrity, 
Democracy, and Economic Stability of Ukraine Act of 2014 (22 U.S.C. 
8910) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (d) and (e) as 
        subsections (e) and (f), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (c) the 
        following:</DELETED>
<DELETED>    ``(d) Congressional Oversight.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 60 days after 
        receiving a request from the chairman and ranking member of one 
        of the appropriate congressional committees with respect to 
        whether a person meets the criteria of a person described in 
        subsection (a), the President shall--</DELETED>
                <DELETED>    ``(A) determine if the person meets such 
                criteria; and</DELETED>
                <DELETED>    ``(B) submit a classified or unclassified 
                report to such chairman and ranking member with respect 
                to such determination that includes a statement of 
                whether or not the President imposed or intends to 
                impose sanctions under subsection (b) with respect to 
                such person.</DELETED>
        <DELETED>    ``(2) Appropriate congressional committees 
        defined.--In this subsection, the term `appropriate 
        congressional committees' means--</DELETED>
                <DELETED>    ``(A) the Committee on Foreign Affairs of 
                the House of Representatives; and</DELETED>
                <DELETED>    ``(B) the Committee on Foreign Relations 
                of the Senate.''.</DELETED>

<DELETED>SEC. 3. SENSE OF CONGRESS.</DELETED>

<DELETED>    Section 252 of the Countering America's Adversaries 
Through Sanctions Act (22 U.S.C. 9542) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (1) and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) the Government of the Russian Federation 
        bears responsibility for the continuing violence in Ukraine and 
        imposition onto Ukrainian sovereignty;'';</DELETED>
        <DELETED>    (2) by redesignating paragraphs (2) through (10) 
        as paragraphs (5) through (13), respectively;</DELETED>
        <DELETED>    (3) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) the Government of the Russian Federation's 
        invasion of Ukraine reflects years of disregard for territorial 
        integrity across the European continent;</DELETED>
        <DELETED>    ``(3) paramilitary organizations are utilized by 
        the Government of the Russian Federation to execute foreign 
        policy goals, including through influence campaigns, economic 
        coercion, and violence;</DELETED>
        <DELETED>    ``(4) ongoing violence from the Government of the 
        Russian Federation across Europe creates implications for 
        allies and partners of the United States outside of the 
        European continent, and a deterrence strategy therefore 
        requires coordination and cooperation with like-minded partners 
        across the globe;''; and</DELETED>
        <DELETED>    (4) by amending subparagraph (A) of paragraph (12) 
        (as redesignated) to read as follows:</DELETED>
                <DELETED>    ``(A) to identify vulnerabilities to 
                aggression, information operations, in particular cyber 
                warfare and military information support operations, 
                corruption, and hybrid warfare by the Government of the 
                Russian Federation and its proxy forces;''.</DELETED>

<DELETED>SEC. 4. STATEMENT OF POLICY.</DELETED>

<DELETED>    It is the policy of the United States to consider foreign 
persons who are involved in the forced relocation or detention of 
persons in Russian filtration camps as having committed gross 
violations of internationally recognized human rights for purposes of 
imposing sanctions with respect to such persons under the Global 
Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et 
seq.).</DELETED>

<DELETED>SEC. 5. REPORT ON HUMAN RIGHTS ABUSES IN UKRAINE AND AGAINST 
              UKRAINIAN RESIDENTS FORCIBLY RELOCATED TO THE RUSSIAN 
              FEDERATION.</DELETED>

<DELETED>    (a) In General.--The Secretary of State shall include in 
the report required by sections 116(d) and 502B of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304) information on 
human rights abuses in Ukraine and against individuals who reside in 
Ukraine who are forcibly relocated.</DELETED>
<DELETED>    (b) Matters To Be Included.--The information required 
under subsection (a) shall include--</DELETED>
        <DELETED>    (1) an assessment of Russian forces and Russian 
        Federation-affiliated non-state groups involved in human rights 
        abuses against civilians in Ukraine;</DELETED>
        <DELETED>    (2) an assessment of the number of individuals 
        detained in filtration camps operated by the Russian Federation 
        or its proxies;</DELETED>
        <DELETED>    (3) a description of the conditions in such camps 
        for detainees, including, to the extent practicable, an 
        assessment of--</DELETED>
                <DELETED>    (A) methods of abuse;</DELETED>
                <DELETED>    (B) efforts to force individuals to 
                renounce their faith; and</DELETED>
                <DELETED>    (C) other serious human rights 
                abuses;</DELETED>
        <DELETED>    (4) to the extent practicable, an assessment of 
        staffing levels at such camps, including such camps at which 
        military, governmental, or other units are in charge;</DELETED>
        <DELETED>    (5) a description, as appropriate, of United 
        States diplomatic efforts with allies and other countries and 
        relevant international organizations--</DELETED>
                <DELETED>    (A) to address the gross violations of 
                human rights against Ukrainians; and</DELETED>
                <DELETED>    (B) to prosecute individuals responsible 
                for committing human rights violations; and</DELETED>
        <DELETED>    (6) the identification of the offices within the 
        Department of State that are responsible for leading and 
        coordinating the diplomatic efforts referred to in paragraph 
        (5).</DELETED>
<DELETED>    (c) Collection of Information.--The Secretary shall 
collect the information required under subsection (a) in consultation 
with the heads of other relevant Federal departments and agencies and 
civil society organizations.</DELETED>

<DELETED>SEC. 6. CLASSIFIED ASSESSMENT OF ABILITY OF UNITED STATES TO 
              COLLECT INTELLIGENCE RELATING TO WAR CRIMES AND HUMAN 
              RIGHTS ABUSES.</DELETED>

<DELETED>    (a) In General.--The Secretary of State and the Director 
of National Intelligence, in consultation with such elements of the 
intelligence community (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003)) as the Director deems 
appropriate, shall submit to the committees specified in subsection (b) 
a classified report that assesses the ability of the United States 
Government to collect and analyze intelligence regarding--</DELETED>
        <DELETED>    (1) the scope and scale of war crimes committed 
        against individuals who reside in Ukraine by the Russian Armed 
        Forces or Russian Federation-affiliated non-state 
        groups;</DELETED>
        <DELETED>    (2) the scope and scale of the detention and 
        forced labor of Ukrainian nationals in Ukraine and the Russian 
        Federation;</DELETED>
        <DELETED>    (3) the gross abuses of human rights perpetrated 
        inside the filtration camps and other detention centers 
        operated by the Russian Federation or Russian Federation-
        affiliated non-state groups; and</DELETED>
        <DELETED>    (4) other actions of the Government of the Russian 
        Federation that constitute gross violations of human rights 
        related to the invasion of Ukraine by the Russian 
        Federation.</DELETED>
<DELETED>    (b) Committees Specified.--The committees specified in 
this subsection are--</DELETED>
        <DELETED>    (1) the Committee on Foreign Relations and the 
        Select Committee on Intelligence of the Senate; and</DELETED>
        <DELETED>    (2) the Committee on Foreign Affairs and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ukraine Human Rights Policy Act of 
2022''.

SEC. 2. CONGRESSIONAL OVERSIGHT OF MANDATORY IMPOSITION OF SANCTIONS 
              WITH RESPECT TO TRANSACTIONS WITH PERSONS RESPONSIBLE FOR 
              HUMAN RIGHTS ABUSES.

    Section 11 of the Support for the Sovereignty, Integrity, 
Democracy, and Economic Stability of Ukraine Act of 2014 (22 U.S.C. 
8910) is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Congressional Oversight.--
            ``(1) In general.--Not later than 60 days after receiving a 
        request from the chairman and ranking member of one of the 
        appropriate congressional committees with respect to whether a 
        person meets the criteria of a person described in subsection 
        (a), the President shall--
                    ``(A) determine if the person meets such criteria; 
                and
                    ``(B) submit a classified or unclassified report to 
                such chairman and ranking member with respect to such 
                determination that includes a statement of whether or 
                not the President imposed or intends to impose 
                sanctions under subsection (b) with respect to such 
                person.
            ``(2) Appropriate congressional committees defined.--In 
        this subsection, the term `appropriate congressional 
        committees' means--
                    ``(A) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    ``(B) the Committee on Foreign Relations of the 
                Senate.''.

SEC. 3. SENSE OF CONGRESS.

    Section 252 of the Countering America's Adversaries Through 
Sanctions Act (22 U.S.C. 9542) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) the Government of the Russian Federation bears 
        responsibility for the continuing violence in Ukraine and 
        imposition onto Ukrainian sovereignty;'';
            (2) by redesignating paragraphs (2) through (10) as 
        paragraphs (5) through (13), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) the Government of the Russian Federation's invasion 
        of Ukraine reflects years of disregard for territorial 
        integrity across the European continent;
            ``(3) paramilitary organizations are utilized by the 
        Government of the Russian Federation to execute foreign policy 
        goals, including through influence campaigns, economic 
        coercion, and violence, particularly sexual violence against 
        women;
            ``(4) ongoing violence from the Government of the Russian 
        Federation across Europe creates implications for allies and 
        partners of the United States outside of the European 
        continent, and a deterrence strategy therefore requires 
        coordination and cooperation with like-minded partners across 
        the globe;''; and
            (4) by amending subparagraph (A) of paragraph (12) (as 
        redesignated) to read as follows:
                    ``(A) to identify vulnerabilities to aggression, 
                information operations, in particular cyber warfare and 
                military information support operations, corruption, 
                and hybrid warfare by the Government of the Russian 
                Federation and its proxy forces;''.

SEC. 4. REPORT ON HUMAN RIGHTS ABUSES BY THE RUSSIAN FEDERATION IN 
              UKRAINE AND AGAINST UKRAINIAN RESIDENTS FORCIBLY 
              RELOCATED.

    (a) In General.--The Secretary of State should include in the 
report required by sections 116(d) and 502B of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151n(d) and 2304) information on human rights 
abuses committed by Russian forces or persons acting on behalf of the 
Russian Federation in Ukraine or against individuals who reside in 
Ukraine who are forcibly relocated.
    (b) Matters To Be Included.--The information required under 
subsection (a) shall include--
            (1) an assessment of Russian forces and Russian Federation-
        affiliated non-state groups involved in human rights abuses 
        against civilians in Ukraine;
            (2) an assessment of the number of individuals, including 
        the number of children, detained in filtration camps operated 
        by the Russian Federation or its proxies;
            (3) a description of the conditions in such camps for 
        detainees, including, to the extent practicable, an assessment 
        of--
                    (A) methods of abuse;
                    (B) efforts to force individuals to renounce their 
                faith;
                    (C) efforts to facilitate the forced adoption of 
                Ukrainian children in violation of Ukrainian law; and
                    (D) other serious human rights abuses;
            (4) to the extent practicable, an assessment of staffing 
        levels at such camps, including such camps at which military, 
        governmental, or other units are in charge;
            (5) a description, as appropriate, of United States 
        diplomatic efforts with allies and other countries and relevant 
        international organizations--
                    (A) to address the gross violations of human rights 
                against Ukrainians;
                    (B) to prosecute individuals responsible for 
                committing human rights violations; and
                    (C) to hold accountable through economic sanctions, 
                including sanctions under the Global Magnitsky Human 
                Rights Accountability Act (22 U.S.C. 10101 et seq.), 
                individuals responsible for gross violations of 
                internationally recognized human rights against 
                Ukrainians;
            (6) the identification of the offices within the Department 
        of State that are responsible for leading and coordinating the 
        diplomatic efforts referred to in paragraph (5);
            (7) an assessment of the use by Russian forces and Russian 
        Federation-affiliated non-state groups of rape as a weapon of 
        war, including the specific human rights abuses inflicted on 
        women and girls in Ukraine; and
            (8) efforts undertaken by the United States to monitor the 
        scope and scale of the impact and targeting of women and girls 
        in particular, especially with sexual violence, within the 
        filtration camps and other detention facilities operated by the 
        Russian Federation or its proxies.
    (c) Collection of Information.--The Secretary shall collect the 
information required under subsection (a) in consultation with the 
heads of other relevant Federal departments and agencies and civil 
society organizations.

SEC. 5. CLASSIFIED ASSESSMENT OF ABILITY OF UNITED STATES TO COLLECT 
              INTELLIGENCE RELATING TO WAR CRIMES AND HUMAN RIGHTS 
              ABUSES.

    (a) In General.--The Secretary of State and the Director of 
National Intelligence, in consultation with such elements of the 
intelligence community (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003)) as the Director deems 
appropriate, shall submit to the committees specified in subsection (b) 
a classified report that assesses the ability of the United States 
Government to collect and analyze intelligence regarding--
            (1) the scope and scale of war crimes and genocide 
        committed against individuals who reside in Ukraine by the 
        Russian Armed Forces or Russian Federation-affiliated non-state 
        groups;
            (2) the scope and scale of the detention and forced labor 
        of Ukrainian nationals in Ukraine and the Russian Federation;
            (3) the scope and scale of forced adoptions of Ukrainian 
        children;
            (4) the gross abuses of human rights perpetrated inside the 
        filtration camps and other detention centers operated by the 
        Russian Federation or Russian Federation-affiliated non-state 
        groups; and
            (5) other actions of the Government of the Russian 
        Federation that constitute gross violations of human rights 
        related to the invasion of Ukraine by the Russian Federation.
    (b) Committees Specified.--The committees specified in this 
subsection are--
            (1) the Committee on Foreign Relations and the Select 
        Committee on Intelligence of the Senate; and
            (2) the Committee on Foreign Affairs and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
                                                       Calendar No. 606

117th CONGRESS

  2d Session

                                S. 4955

_______________________________________________________________________

                                 A BILL

 To amend certain authorities relating to human rights violations and 
               abuses in Ukraine, and for other purposes.

_______________________________________________________________________

                            December 7, 2022

                       Reported with an amendment