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ROS22028 NP3 S.L.C.
117TH CONGRESS
2D SESSION
S. ll
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
llllllllll
Mr. MENENDEZ introduced the following bill; which was read twice and
referred to the Committee on llllllllll
A BILL
To counter the aggression of the Russian Federation against
Ukraine and Eastern European allies, to expedite secu-
rity assistance to Ukraine to bolster Ukraine’s defense
capabilities, and to impose sanctions relating to the ac-
tions of the Russian Federation with respect to Ukraine,
and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Defending Ukraine Sovereignty Act of 2022’’.
5
2
ROS22028 NP3 S.L.C.
(b) TABLE OF CONTENTS.—The table of contents for
1
this Act is as follows:
2
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 program-
ming 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 integ-
rity 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 MILI-
TARY ESCALATION AND AGGRESSION BY THE RUSSIAN FED-
ERATION 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.
3
ROS22028 NP3 S.L.C.
Sec. 305. Imposition of sanctions with respect to provision of specialized finan-
cial messaging services to sanctioned Russian financial institu-
tions.
Sec. 306. Prohibition on and imposition of sanctions with respect to trans-
actions 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.
1
In this Act:
2
(1) APPROPRIATE CONGRESSIONAL COMMIT-
3
TEES.—The term ‘‘appropriate congressional com-
4
mittees’’ means the Committee on Foreign Relations
5
of the Senate and the Committee on Foreign Affairs
6
of the House of Representatives.
7
(2) DEFENSE ARTICLE; DEFENSE SERVICE.—
8
The terms ‘‘defense article’’ and ‘‘defense service’’
9
have the meanings given those terms in section 47
10
of the Arms Export Control Act (22 U.S.C. 2794).
11
SEC. 3. SENSE OF CONGRESS.
12
It is the sense of Congress that—
13
(1) it is in the national security interests of the
14
United States to continue and deepen the security
15
partnership between the United States and Ukraine,
16
4
ROS22028 NP3 S.L.C.
and support Ukraine’s sovereignty and territorial in-
1
tegrity;
2
(2) aggression and malign influence by the Gov-
3
ernment of the Russian Federation and its proxies
4
in Ukraine is a threat to the democratic sovereignty
5
of Ukraine;
6
(3) in coordination with the European Union,
7
the North Atlantic Treaty Organization (NATO),
8
and members of the international community, the
9
United States should support the territorial integrity
10
of Ukraine and oppose any effort by the Government
11
of the Russian Federation to further encroach on
12
Ukraine’s territory and independence;
13
(4) the United States should work in close con-
14
cert with allies and partners of the United States—
15
(A) to support and expedite the provision
16
of lethal and non-lethal assistance to Ukraine;
17
and
18
(B) to support and bolster the defense of
19
Ukraine against potential renewed aggression
20
and military escalation by the Government of
21
the Russian Federation or through any of its
22
proxies;
23
(5) the United States and NATO should not
24
cede to the demands of the Government of the Rus-
25
5
ROS22028 NP3 S.L.C.
sian Federation regarding NATO membership or ex-
1
pansion;
2
(6) economic and financial sanctions, when used
3
as part of a coordinated and comprehensive strategy,
4
are a powerful tool to advance United States foreign
5
policy and national security interests; and
6
(7) the United States, in coordination with al-
7
lies and partners of the United States, should im-
8
pose substantial new sanctions in the event that the
9
Government of the Russian Federation or its proxies
10
engages in escalatory military operations or other
11
destabilizing aggression against Ukraine.
12
SEC. 4. STATEMENT OF POLICY.
13
It is the policy of the United States that—
14
(1) the United States will support the terri-
15
torial integrity of Ukraine and other Eastern Euro-
16
pean countries against aggression by the Govern-
17
ment of the Russian Federation or its proxies;
18
(2) the United States will work to ensure the
19
swift and ongoing provision of lethal and non-lethal
20
security assistance to Ukraine, particularly so long
21
as the Government of the Russian Federation or its
22
proxies has armed forces within the territorial bor-
23
ders of Ukraine or stationed near Ukraine’s border;
24
6
ROS22028 NP3 S.L.C.
(3) the United States will continue to build the
1
resiliency of Ukraine’s military and cyber defenses
2
and bolster Ukraine’s ability to defend against ag-
3
gression by the Government of the Russian Federa-
4
tion;
5
(4) the United States will continue to improve
6
Ukraine’s interoperability with NATO forces and
7
seek to further enhance security cooperation and en-
8
gagement with and among partners in the Black Sea
9
and Baltic region;
10
(5) the United States will work closely with re-
11
gional partners, including those in the Black Sea re-
12
gion and the Baltic states, to strengthen Ukrainian
13
and regional security; and
14
(6) the United States is committed to a strong
15
and unified NATO and will not cede to the demands
16
of the Government of the Russian Federation re-
17
garding NATO membership.
18
7
ROS22028 NP3 S.L.C.
TITLE I—EXPEDITING SECURITY
1
ASSISTANCE TO UKRAINE
2
AND BOLSTERING UKRAINE’S
3
DEFENSE CAPABILITIES
4
SEC. 101. PRIORITIZING DELIVERY OF EXCESS DEFENSE
5
ARTICLES TO UKRAINE.
6
(a) IN GENERAL.—During fiscal year 2022, the
7
United States should give priority to the delivery of excess
8
defense articles to Ukraine over the transfer of such arti-
9
cles to other countries and regions under section 516(c)(2)
10
of the Foreign Assistance Act of 1961 (22 U.S.C.
11
2321j(c)(2)).
12
(b) WAIVER.—The President may waive subsection
13
(a) if the President certifies to the appropriate congres-
14
sional committees, the Committee on Armed Services of
15
the Senate, and the Committee on Armed Services of the
16
House of Representatives, that such a waiver is in the na-
17
tional security interest of the United States.
18
SEC. 102. USE OF DEPARTMENT OF DEFENSE LEASE AU-
19
THORITY AND SPECIAL DEFENSE ACQUISI-
20
TION FUND TO SUPPORT UKRAINE.
21
(a) USE OF SPECIAL DEFENSE ACQUISITION
22
FUND.—The Secretary of Defense, in consultation with
23
the Secretary of State, may utilize, to the maximum extent
24
possible, the Special Defense Acquisition Fund established
25
8
ROS22028 NP3 S.L.C.
under section 51 of the Arms Export Control Act (22
1
U.S.C. 2795) to expedite the procurement and delivery of
2
defense articles and defense services for the purpose of
3
assisting and supporting the armed forces of Ukraine.
4
(b) USE OF LEASE AUTHORITY.—The Secretary of
5
Defense, in consultation with the Secretary of State, may
6
utilize, to the maximum extent possible, its lease author-
7
ity, including with respect to no-cost leases, to provide de-
8
fense articles to Ukraine for the purpose of assisting and
9
supporting the armed forces of Ukraine.
10
SEC. 103. STRATEGY FOR BOLSTERING DEFENSIVE CAPAC-
11
ITIES OF UKRAINE AND ENHANCING DELIV-
12
ERY OF SECURITY ASSISTANCE.
13
(a) IN GENERAL.—Not later than 30 days after the
14
date of the enactment of this Act, the Secretary of State
15
shall submit to the appropriate congressional committees,
16
the Committee on Armed Services of the Senate, and the
17
Committee on Armed Services of the House of Represent-
18
atives, a strategy for bolstering the defensive capabilities
19
of the armed forces of Ukraine and enhancing the delivery
20
of security assistance to Ukraine, which shall include the
21
following:
22
(1) A plan to meet the most critical capability
23
gaps and capacity shortfalls of the armed forces of
24
Ukraine.
25
9
ROS22028 NP3 S.L.C.
(2) A plan for United States cooperation with
1
allies and partners to provide immediate assistance
2
to the armed forces of Ukraine.
3
(3) A plan to prioritize the delivery of excess
4
defense articles to Ukraine in accordance with sec-
5
tion 101.
6
(4) A plan to transfer to Ukraine defense arti-
7
cles previously allocated for operations in Afghani-
8
stan that are available for transfer, as appropriate.
9
(b) FORM.—The strategy required by subsection (a)
10
shall be submitted in unclassified form, but may include
11
a classified annex if necessary.
12
SEC. 104. PRESIDENTIAL DRAWDOWN AUTHORITY.
13
The authority under section 506(a) of the Foreign
14
Assistance Act of 1961 (22 U.S.C. 2318(a)) may be exer-
15
cised during fiscal year 2022 for Ukraine to the maximum
16
extent available for that fiscal year.
17
SEC. 105. FOREIGN MILITARY FINANCING.
18
(a) SENSE OF CONGRESS.—It is the sense of Con-
19
gress that—
20
(1) the provision of security assistance to
21
Ukraine is one of the most efficient and effective
22
mechanisms for supporting Ukraine and ensuring
23
that it can defend against aggression by the Russian
24
Federation;
25
10
ROS22028 NP3 S.L.C.
(2) in light of the military build-up by the Gov-
1
ernment of the Russian Federation, the United
2
States, working with allies and partners, should
3
work to expedite the provision of defense articles
4
and other security assistance to Ukraine and
5
prioritize and facilitate assistance to respond to the
6
most urgent defense needs of the armed forces of
7
Ukraine; and
8
(3) the United States should ensure adequate
9
planning for maintenance for any equipment pro-
10
vided to Ukraine.
11
(b) AUTHORIZATION OF EMERGENCY SUPPLE-
12
MENTAL APPROPRIATIONS.—Upon an affirmative deter-
13
mination under section 302, there is authorized to be ap-
14
propriated for the Department of State for fiscal year
15
2022 $500,000,000, as an authorization of emergency
16
supplemental appropriations, for Foreign Military Financ-
17
ing assistance to Ukraine to assist the country in meeting
18
its defense needs.
19
(c) NOTICE TO CONGRESS.—Not later than 15 days
20
before providing assistance or support pursuant to sub-
21
section (a), the Secretary of State shall submit to the ap-
22
propriate congressional committees, the Committee on Ap-
23
propriations of the Senate, and the Committee on Appro-
24
11
ROS22028 NP3 S.L.C.
priations of the House of Representatives a notification
1
containing the following:
2
(1) A detailed description of the assistance or
3
support to be provided, including—
4
(A) the objectives of such assistance or
5
support;
6
(B) the budget for such assistance or sup-
7
port; and
8
(C) the expected or estimated timeline for
9
delivery of such assistance or support.
10
(2) A description of such other matters as the
11
Secretary considers appropriate.
12
(d) AUTHORITY TO PROVIDE LETHAL ASSIST-
13
ANCE.—The Secretary of State is authorized to provide
14
lethal assistance under this section, including anti-armor
15
weapon systems, mortars, crew-served weapons and am-
16
munition, grenade launchers and ammunition, anti-tank
17
weapons systems, anti-ship weapons systems, anti-aircraft
18
weapons systems, and small arms and ammunition.
19
SEC. 106. INTERNATIONAL MILITARY EDUCATION AND
20
TRAINING COOPERATION WITH UKRAINE.
21
(a) SENSE OF CONGRESS.—It is the sense of Con-
22
gress that—
23
(1) International Military Education and Train-
24
ing (IMET) is a critical component of United States
25
12
ROS22028 NP3 S.L.C.
security assistance that facilitates training of inter-
1
national forces and strengthens cooperation and ties
2
between the United States and foreign countries;
3
(2) it is in the national interest of the United
4
States to further strengthen the armed forces of
5
Ukraine, particularly to enhance their defensive ca-
6
pability and improve interoperability for joint oper-
7
ations; and
8
(3) the Government of Ukraine should fully uti-
9
lize the United States IMET program, encourage eli-
10
gible officers and civilian leaders to participate in
11
the training, and promote successful graduates to
12
positions of prominence in the armed forces of
13
Ukraine.
14
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
15
authorized to be appropriated to the Department of State
16
for fiscal year 2022 $3,000,000 for International Military
17
Education and Training assistance for Ukraine. The as-
18
sistance shall be made available for the following purposes:
19
(1) Training of future leaders.
20
(2) Establishing a rapport between the United
21
States Armed Forces and the armed forces of
22
Ukraine to build partnerships for the future.
23
(3) Enhancement of interoperability and capa-
24
bilities for joint operations.
25
13
ROS22028 NP3 S.L.C.
(4) Focusing on professional military education,
1
civilian control of the military, and human rights.
2
(5) Fostering a better understanding of the
3
United States.
4
(c) NOTICE TO CONGRESS.—Not later than 15 days
5
before providing assistance or support pursuant to sub-
6
section (a), the Secretary of State shall submit to the ap-
7
propriate congressional committees, the Committee on Ap-
8
propriations of the Senate, and the Committee on Appro-
9
priations of the House of Representatives a notification
10
containing the following elements:
11
(1) A detailed description of the assistance or
12
support to be provided, including—
13
(A) the objectives of such assistance or
14
support;
15
(B) the budget for such assistance or sup-
16
port; and
17
(C) the expected or estimated timeline for
18
delivery of such assistance or support.
19
(2) A description of such other matters as the
20
Secretary considers appropriate.
21
14
ROS22028 NP3 S.L.C.
SEC. 107. STRATEGY ON INTERNATIONAL MILITARY EDU-
1
CATION AND TRAINING PROGRAMMING IN
2
UKRAINE.
3
(a) IN GENERAL.—Not later than 90 days after the
4
date of the enactment of this Act, the Secretary of State
5
shall submit to the appropriate congressional committees
6
a strategy for the implementation of the International
7
Military Education and Training program in Ukraine au-
8
thorized under section 106.
9
(b) ELEMENTS.—The strategy required under sub-
10
section (a) shall include the following elements:
11
(1) A clear plan, developed in close consultation
12
with the Ukrainian Ministry of Defense and the
13
armed forces of Ukraine, for how the IMET pro-
14
gram will be used by the United States Government
15
and the Government of Ukraine to propel program
16
graduates to positions of prominence in support of
17
the reform efforts of the armed forces of Ukraine in
18
line with NATO standards.
19
(2) An assessment of the education and train-
20
ing requirements of the armed forces of Ukraine and
21
clear recommendations for how IMET graduates
22
should be assigned by the Ukrainian Ministry of De-
23
fense upon completion of education or training.
24
(3) An accounting of the current combat re-
25
quirements of the armed forces of Ukraine and an
26
15
ROS22028 NP3 S.L.C.
assessment of the viability of alternative mobile
1
training teams, distributed learning, and other flexi-
2
ble solutions to reach such students.
3
(4) An identification of opportunities to influ-
4
ence the next generation of leaders through attend-
5
ance at United States staff and war colleges, junior
6
leader development programs, and technical schools.
7
(c) FORM.—The strategy required under subsection
8
(a) shall be submitted in unclassified form, but may con-
9
tain a classified annex.
10
SEC. 108. SENSE OF CONGRESS ON LOAN PROGRAM.
11
It is the sense of Congress that—
12
(1) as appropriate, the United States Govern-
13
ment should provide direct loans to Ukraine for the
14
procurement of defense articles, defense services,
15
and design and construction services pursuant to the
16
authority of section 23 of the Arms Export Control
17
Act (22 U.S.C. 2763) to support the further devel-
18
opment of Ukraine’s military forces; and
19
(2) such loans should be considered an additive
20
security assistance tool, and not a substitute for
21
Foreign Military Financing for grant assistance or
22
Ukraine Security Assistance Initiative programming.
23
16
ROS22028 NP3 S.L.C.
SEC. 109. REPORT ON SECURITY ASSISTANCE AND PROVI-
1
SION OF DEFENSE ARTICLES TO ARMED
2
FORCES OF UKRAINE.
3
Not later than 90 days after the date of the enact-
4
ment of this Act, the Secretary of State shall submit to
5
the appropriate congressional committees, the Committee
6
on Armed Services of the Senate, and the Committee on
7
Armed Services of the House of Representatives, a report
8
that includes—
9
(1) a description of the steps the United States
10
has taken to provide and expedite security assist-
11
ance, defense articles, and any other forms of sup-
12
port to Ukraine and the armed forces of Ukraine,
13
including increasing air defense capabilities, since
14
September 1, 2021;
15
(2) a description of any increased assistance
16
and support provided by allies and partners of the
17
United States or Ukraine to Ukraine or the armed
18
forces of Ukraine, including increasing air defense
19
capabilities, since September 1, 2021; and
20
(3) a description of any plans by the United
21
States to provide additional assistance and support
22
to Ukraine or the armed forces of Ukraine.
23
17
ROS22028 NP3 S.L.C.
TITLE II—COUNTERING KREM-
1
LIN AGGRESSION AGAINST
2
UKRAINE AND EASTERN EU-
3
ROPEAN ALLIES
4
SEC. 201. AUTHORIZING PROGRAMS TO COUNTER AND
5
COMBAT DISINFORMATION ACTIVITIES OF
6
THE RUSSIAN FEDERATION.
7
(a) COUNTERING RUSSIAN INFLUENCE FUND.—The
8
Secretary of State should use funds available for obliga-
9
tion in the Countering Russian Influence Fund described
10
in section 7070(d) of the Department of State, Foreign
11
Operations, and Related Programs Appropriations Act,
12
2017 (division J of Public Law 115–31; 131 Stat. 706)—
13
(1) to prioritize assisting Ukraine to detect and
14
combat disinformation from the Russian Federation
15
and its proxies; and
16
(2) to assist the Government of Ukraine in de-
17
veloping new defense strategies and technologies.
18
(b) STRATEGY REQUIRED.—
19
(1) IN GENERAL.—Not later than 60 days after
20
the date of the enactment of this Act, the Secretary
21
of State shall submit to the appropriate congres-
22
sional committees a plan for countering and com-
23
bating disinformation by the Russian Federation
24
18
ROS22028 NP3 S.L.C.
and supporting free and independent media in
1
Ukraine that includes—
2
(A) a plan to assist the Government of
3
Ukraine in combating and responding to malign
4
influence operations of the Russian Federation
5
aimed at inflaming tensions and dividing
6
Ukrainian society;
7
(B) an assessment of effective efforts and
8
programs to improve media literacy in Ukraine
9
and recommendations for how the United
10
States can assist in supporting and expanding
11
those programs;
12
(C) a plan to assist the Government of
13
Ukraine improve efforts to detect and remove
14
content originating from Russian troll farms,
15
bots, and other sources aimed at sowing divi-
16
sion and disseminating disinformation in
17
Ukraine or targeting Ukrainian audiences;
18
(D) recommendations to increase support
19
for independent media outlets, including Radio
20
Free Europe/Radio Liberty; and
21
(E) recommendations to increase support
22
for independent media outlets catering to Rus-
23
sian-speaking populations residing in Russian-
24
19
ROS22028 NP3 S.L.C.
occupied Crimea, the Donbas region of Ukraine,
1
and throughout Ukraine.
2
(2) FORM.—The strategy required by para-
3
graph (1) shall be submitted in unclassified form,
4
but may include a classified annex if necessary.
5
SEC. 202. EXPANDED SUPPORT AND AUTHORIZATION FOR
6
RADIO FREE EUROPE/RADIO LIBERTY TO
7
REACH AUDIENCES ON THE PERIPHERY OF
8
THE RUSSIAN FEDERATION.
9
(a) SENSE OF CONGRESS.—It is the sense of Con-
10
gress that—
11
(1) Radio Free Europe/Radio Liberty continues
12
to fulfill its mission of providing reliable, uncen-
13
sored, and accessible news and reporting in Ukraine
14
and other countries where media freedom is re-
15
stricted;
16
(2) Radio Free Europe/Radio Liberty is one of
17
the most critical sources of unrestricted, independent
18
news and reporting for audiences on the periphery of
19
the Russian Federation;
20
(3) the Government of the Russian Federation
21
has engaged in systematic targeting of Radio Free
22
Europe/Radio Liberty reporters inside the Russian
23
Federation, which has negatively impacted the orga-
24
20
ROS22028 NP3 S.L.C.
nization’s ability to provide timely, reliable, and ac-
1
curate news from inside the country; and
2
(4) despite pressure from the Government of
3
the Russian Federation, Radio Free Europe/Radio
4
Liberty’s audience continues to grow inside the Rus-
5
sian Federation and surrounding countries.
6
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
7
authorized to be appropriated $155,500,000 for Radio
8
Free Europe/Radio Liberty for fiscal year 2022.
9
(c) AUTHORIZATION OF NEW BUREAUS.—Radio Free
10
Europe/Radio Liberty may explore opening new bureaus
11
to help expand its ability to reach audiences on the periph-
12
ery of the Russian Federation.
13
(d) INITIATIVES TO BOLSTER RADIO FREE EUROPE/
14
RADIO LIBERTY BUREAUS AROUND RUSSIAN FEDERA-
15
TION’S PERIPHERY.—To help expand its reach to Rus-
16
sian-speaking audiences and increase its reach to audi-
17
ences through digital media, Radio Free Europe/Radio
18
Liberty should—
19
(1) evaluate where Russian disinformation is
20
most deeply pervasive in the Eurasia region;
21
(2) develop strategies to better communicate
22
with predominately Russian-speaking regions;
23
(3) build on efforts to increase capacity and
24
programming to counter disinformation in real time;
25
21
ROS22028 NP3 S.L.C.
(4) expand Russian language investigative jour-
1
nalism;
2
(5) improve the technical capacity of the
3
Ukraine bureau; and
4
(6) continue efforts to increase digital news
5
services.
6
(e) REPORT REQUIRED.—Not later than 90 days
7
after the date of the enactment of this Act, the United
8
States Agency for Global Media shall submit to the appro-
9
priate congressional committees, the Committee on Appro-
10
priations of the Senate, and the Committee on Appropria-
11
tions of the House of Representatives a report that in-
12
cludes—
13
(1) recommendations of locations to open new
14
bureaus to help reach new audiences in the broader
15
Eurasia region;
16
(2) an assessment of current staffing and an-
17
ticipated staffing needs in order to effectively reach
18
audiences in the broader Eurasia region; and
19
(3) an assessment of the impact of the Govern-
20
ment of the Russian Federation closing down Radio
21
Free Europe/Radio Liberty within the Russian Fed-
22
eration.
23
22
ROS22028 NP3 S.L.C.
SEC. 203. MULTILATERAL EFFORTS TO BOLSTER
1
UKRAINE’S CYBER DEFENSE CAPABILITIES.
2
(a) STATEMENT OF POLICY.—It is the policy of the
3
United States—
4
(1) to support multilateral, intergovernmental,
5
and nongovernmental efforts to improve Ukraine’s
6
cybersecurity capacity, including addressing legisla-
7
tive and regulatory gaps in Ukraine’s cybersecurity
8
policies, improving cybersecurity sector governance,
9
and expanding collaboration among relevant stake-
10
holders in both the public and private sectors;
11
(2) to work with the Government of Ukraine to
12
strengthen cybersecurity technical capacity within
13
critical infrastructure sectors and improve the over-
14
all cybersecurity workforce by strengthening cyberse-
15
curity-related academic and training programs and
16
exchanges;
17
(3) to work closely with the NATO Cooperative
18
Cyber Defence Centre of Excellence, the European
19
Union Agency for Cybersecurity, and the National
20
Cyber Security Centre of the United Kingdom to
21
bolster Ukraine’s cyber defense capabilities; and
22
(4) to strengthen the ability of the Government
23
of Ukraine to detect, investigate, disrupt, and deter
24
cyberattacks and to develop cybersecurity incident
25
response teams.
26
23
ROS22028 NP3 S.L.C.
(b) REPORT REQUIRED.—Not later than 180 days
1
after the date of the enactment of this Act, the Secretary
2
of State shall submit to the appropriate congressional
3
committees a report on efforts to implement the policy de-
4
scribed in subsection (a).
5
(c) EVALUATION OF IMPOSITION OF SANCTIONS.—In
6
the event the Government of the Russian Federation or
7
any of its proxies engages in a cyberattack or cyber inci-
8
dent that materially disrupts or degrades any critical in-
9
frastructure in Ukraine, the President shall evaluate
10
whether imposing any of the sanctions described in section
11
310 is in the national security interests of the United
12
States.
13
SEC. 204. REPORT ON ROLE OF INTELLIGENCE AND SECU-
14
RITY SERVICES OF THE RUSSIAN FEDERA-
15
TION IN EFFORTS TO UNDERMINE THE INDE-
16
PENDENCE AND INTEGRITY OF UKRAINE.
17
(a) IN GENERAL.—Not later than 120 days after the
18
date of the enactment of this Act, the Director of National
19
Intelligence, in coordination with the Secretary of State,
20
shall submit to the appropriate congressional committees,
21
the Select Committee on Intelligence of the Senate, and
22
the Permanent Select Committee on Intelligence of the
23
House of Representatives, a report on the role of the intel-
24
ligence and security services of the Russian Federation in
25
24
ROS22028 NP3 S.L.C.
efforts to undermine and interfere with the independence
1
of Ukraine.
2
(b) ELEMENTS.—The report required by subsection
3
(a) shall include—
4
(1) an assessment of the priorities and objec-
5
tives of the intelligence and security services of the
6
Russian Federation with respect to Ukraine;
7
(2) a detailed description of the steps taken by
8
any intelligence or security services of the Russian
9
Federation to undermine the stability of Ukraine or
10
the Government of Ukraine;
11
(3) a complete list of the branches of the intel-
12
ligence or security services of the Russian Federa-
13
tion that have engaged in any influence efforts or
14
campaigns to undermine the stability of Ukraine or
15
the Government of Ukraine;
16
(4) an assessment of—
17
(A) the tactics and techniques used by any
18
intelligence and security services of the Russian
19
Federation with respect to Ukraine; and
20
(B) the success of those tactics and tech-
21
niques; and
22
(5) any plans by the United States to provide
23
additional support to the Government of Ukraine to
24
prevent internal destabilization efforts, including
25
25
ROS22028 NP3 S.L.C.
through intelligence sharing and support for reforms
1
and anti-corruption efforts.
2
SEC. 205. STRATEGY FOR FORUM ON EUROPEAN SECURITY.
3
(a) SENSE OF CONGRESS.—It is the sense of Con-
4
gress that—
5
(1) the United States should work closely with
6
NATO allies, particularly those that share a border
7
with the Russian Federation, on any matters related
8
to European security; and
9
(2) the United States Mission to the Organiza-
10
tion for Security and Co-operation in Europe (com-
11
monly referred to as the ‘‘OSCE’’) should—
12
(A) support an inclusive European security
13
dialogue that calls on OSCE participating
14
states to comply with principles set forth in the
15
Helsinki Final Act, the Charter of Paris for a
16
New Europe, and the Charter of the United
17
Nations; and
18
(B) continue to publicly call for the Gov-
19
ernment of the Russian Federation to adhere to
20
its commitments as an OSCE participating
21
state.
22
(b) STRATEGY ON EUROPEAN SECURITY.—Not later
23
than 30 days after the date of the enactment of this Act,
24
the Secretary of State shall submit to the appropriate con-
25
26
ROS22028 NP3 S.L.C.
gressional committees a strategy for continued engage-
1
ment with the Government of the Russian Federation fol-
2
lowing January 2022 security dialogues, including the
3
Strategic Stability Dialogue in Geneva, the NATO-Russia
4
Council Meeting in Brussels, and the Organization for Se-
5
curity and Co-operation in Europe Permanent Council
6
Meeting in Vienna, which shall include—
7
(1) an assessment of whether the Government
8
of the Russian Federation has sufficiently de-esca-
9
lated regional tensions, including through a signifi-
10
cant withdrawal of troops from the border of
11
Ukraine, to merit further discussion;
12
(2) an assessment of the objectives of the Gov-
13
ernment of the Russian Federation related to Euro-
14
pean security;
15
(3) a plan to reduce tensions between the Rus-
16
sian Federation and Eastern European allies, taking
17
into account the perspectives of a wide cross section
18
of European allies of the United States; and
19
(4) a plan for including Eastern European
20
NATO allies, specifically those that share a border
21
with the Russian Federation, in any conversations
22
on European security.
23
27
ROS22028 NP3 S.L.C.
(c) FORM.—The strategy required by subsection (a)
1
shall be submitted in unclassified form, but may include
2
a classified annex if necessary.
3
SEC. 206. DEEPENING SECURITY AND ECONOMIC TIES
4
WITH BALTIC ALLIES.
5
(a) SENSE OF CONGRESS.—It is the sense of Con-
6
gress that—
7
(1) supporting and bolstering the security of
8
the Baltic states of Estonia, Latvia, and Lithuania
9
is in the national security interests of the United
10
States;
11
(2) the Baltic states are critical in countering
12
aggression by the Government of the Russian Fed-
13
eration and maintaining the collective security of the
14
NATO alliance;
15
(3) the United States should continue to sup-
16
port and foster a security partnership with the Bal-
17
tic states that aims to meet their security needs and
18
provides additional capabilities and tools to help de-
19
fend against aggression by the Government of the
20
Russian Federation in the region;
21
(4) the United States should encourage the ini-
22
tiative undertaken by the Baltic states to advance
23
the Three Seas Initiative to strengthen transport,
24
28
ROS22028 NP3 S.L.C.
energy, and digital infrastructures among eastern
1
Europe countries;
2
(5) there are mutually beneficial opportunities
3
for increased investment and economic expansion be-
4
tween the United States and the Baltic states; and
5
(6) improved economic ties between the United
6
States and the Baltic states will lead to a strength-
7
ened strategic partnership.
8
(b) BALTIC SECURITY AND ECONOMIC ENHANCE-
9
MENT INITIATIVE.—
10
(1) IN GENERAL.—The Secretary of State shall
11
establish an initiative to deepen and foster security
12
and economic ties with the Baltic states.
13
(2) PURPOSE AND OBJECTIVES.—The initiative
14
established under paragraph (1) shall have the fol-
15
lowing goals and objectives:
16
(A) Ensuring the efficient and effective de-
17
livery of security assistance to the Baltic states,
18
prioritizing assistance that will bolster defenses
19
against hybrid warfare and improve interoper-
20
ability with NATO forces.
21
(B) Bolstering United States support for
22
the Baltic region’s physical and energy security
23
needs.
24
29
ROS22028 NP3 S.L.C.
(C) Mitigating the impact of economic co-
1
ercion by the Russian Federation and the Peo-
2
ple’s Republic of China on Baltic states and
3
identifying new opportunities for foreign direct
4
investment and United States business ties.
5
(D) Improving high-level engagement be-
6
tween the United States and the Baltic states,
7
with a focus on improving high-level security
8
and economic cooperation.
9
(3) ACTIVITIES.—The initiative established
10
under paragraph (1) shall—
11
(A) develop a comprehensive security as-
12
sistance strategy to strengthen the defensive ca-
13
pabilities of the Baltic states, in coordination
14
with other security assistance authorities, that
15
takes into account the unique challenges of the
16
proximity of the Baltic states to the Russian
17
Federation and the threat of aggression against
18
the Baltic states from the Government of the
19
Russian Federation;
20
(B) encourage the United States Inter-
21
national Development Finance Corporation to
22
identify new opportunities for investment in the
23
Baltic states;
24
30
ROS22028 NP3 S.L.C.
(C) send high-level representatives of the
1
Department of State to—
2
(i) the Baltic states not less fre-
3
quently than twice a year; and
4
(ii) major regional fora on physical
5
and energy security, including the Three
6
Seas Initiative Summit and Business
7
Forum and the Baltic Sea Security Con-
8
ference;
9
(D) convene an annual trade forum, in co-
10
ordination with the governments of Baltic
11
states, to foster investment opportunities in the
12
Baltic region for United States businesses; and
13
(E) foster dialogue between experts from
14
the United States and from the Baltic states on
15
hybrid warfare, cyber defenses, economic expan-
16
sion, and foreign direct investment.
17
SEC. 207. PUBLIC DISCLOSURE OF ASSETS OF VLADIMIR
18
PUTIN AND HIS INNER CIRCLE.
19
(a) IN GENERAL.—Not later than 180 days after the
20
date of the enactment of this Act, the Secretary of the
21
Treasury, in coordination with the Director of National
22
Intelligence and the Secretary of State, shall submit to
23
the committees specified in subsection (d) a detailed re-
24
port on the personal net worth and assets of the President
25
31
ROS22028 NP3 S.L.C.
of the Russian Federation, Vladimir Putin, and his inner
1
circle.
2
(b) ELEMENTS.—The report required by subsection
3
(a) shall include—
4
(1) an identification of significant senior foreign
5
political figures and oligarchs in the Russian Fed-
6
eration, as determined by their closeness to Vladimir
7
Putin;
8
(2) the estimated net worth and known sources
9
of income of the individuals identified under para-
10
graph (1), Vladimir Putin, and the family members
11
of such individuals and Vladimir Putin (including
12
spouses, children, parents, and siblings), including
13
assets, investments, bank accounts, business inter-
14
ests, held in and outside of the Russian Federation,
15
and relevant beneficial ownership information;
16
(3) an estimate of the total annual income and
17
personal expenditures of Vladimir Putin and his
18
family members for calendar years 2017 through
19
2021; and
20
(4) all known details about the financial prac-
21
tices and transparency, or lack thereof, of Vladimir
22
Putin and the individuals identified under paragraph
23
(1).
24
(c) FORM.—
25
32
ROS22028 NP3 S.L.C.
(1) IN GENERAL.—The report required by sub-
1
section (a) shall be submitted in unclassified form,
2
but may include a classified annex.
3
(2) PUBLIC AVAILABILITY.—The unclassified
4
portion of the report required by subsection (a) shall
5
be made available on a publicly accessible internet
6
website.
7
(d) COMMITTEES SPECIFIED.—The committees spec-
8
ified in this subsection are—
9
(1) the appropriate congressional committees;
10
(2) the Select Committee on Intelligence and
11
the Committee on Banking, Housing, and Urban Af-
12
fairs of the Senate; and
13
(3) the Permanent Select Committee on Intel-
14
ligence and the Committee on Financial Services of
15
the House of Representatives.
16
SEC. 208. BRIEFING TO FULFILL UNITED STATES-UKRAINE
17
STRATEGIC DIALOGUE OBJECTIVES.
18
(a) IN GENERAL.—Not later than 90 days after the
19
date of the enactment of this Act, the Secretary of State
20
shall provide to the appropriate congressional committees
21
a briefing on efforts to deepen ties with Ukraine and fully
22
implement the objectives outlined in the United States-
23
Ukraine Charter on Strategic Partnership, signed by Sec-
24
33
ROS22028 NP3 S.L.C.
retary of State Antony Blinken and Ukrainian Foreign
1
Minister Dmytro Kuleba on November 10, 2021.
2
(b) ELEMENTS.—The briefing required by subsection
3
(a) shall include the following:
4
(1) A plan to bolster support for Ukraine’s sov-
5
ereignty, independence, territorial integrity, and in-
6
violability of borders, including plans for high-level
7
representation and robust participation in Ukraine’s
8
Crimea Platform.
9
(2) A plan to highlight human rights abuses by
10
the Government of the Russian Federation in
11
Ukrainian territory, which shall include mechanisms
12
to draw attention to persecuted minorities and polit-
13
ical prisoners in Crimea and the Donbas.
14
(3) An assessment of humanitarian assistance
15
needs for those affected or displaced by the war in
16
Donbas.
17
(4) A plan to support democracy and the rule
18
of law in Ukraine, which shall include efforts to
19
build on progress made on the establishment of anti-
20
corruption institutions, land reform, local govern-
21
ance, and digitalization.
22
34
ROS22028 NP3 S.L.C.
TITLE III—DETERRENCE MEAS-
1
URES AGAINST FURTHER
2
MILITARY ESCALATION AND
3
AGGRESSION BY THE RUS-
4
SIAN FEDERATION WITH RE-
5
SPECT TO UKRAINE
6
SEC. 301. DEFINITIONS.
7
In this title:
8
(1) ADMISSION; ADMITTED; ALIEN.—The terms
9
‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the
10
meanings given those terms in section 101 of the
11
Immigration and Nationality Act (8 U.S.C. 1101).
12
(2) APPROPRIATE COMMITTEES OF CON-
13
GRESS.—The term ‘‘appropriate committees of Con-
14
gress’’ means—
15
(A) the Committee on Foreign Relations
16
and the Committee on Banking, Housing, and
17
Urban Affairs of the Senate; and
18
(B) the Committee on Foreign Affairs and
19
the Committee on Financial Services of the
20
House of Representatives.
21
(3) FINANCIAL INSTITUTION.—The term ‘‘fi-
22
nancial institution’’ means a financial institution
23
specified in subparagraph (A), (B), (C), (D), (E),
24
35
ROS22028 NP3 S.L.C.
(F), (G), (H), (I), (J), (M), or (Y) of section
1
5312(a)(2) of title 31, United States Code.
2
(4) FOREIGN FINANCIAL INSTITUTION.—The
3
term ‘‘foreign financial institution’’ has the meaning
4
given that term in regulations prescribed by the Sec-
5
retary of the Treasury.
6
(5) FOREIGN PERSON.—The term ‘‘foreign per-
7
son’’ means an individual or entity that is not a
8
United States person.
9
(6) KNOWINGLY.—The term ‘‘knowingly’’ with
10
respect to conduct, a circumstance, or a result,
11
means that a person had actual knowledge, or
12
should have known, of the conduct, the cir-
13
cumstance, or the result.
14
(7) UNITED STATES PERSON.—The term
15
‘‘United States person’’ means—
16
(A) a United States citizen or an alien law-
17
fully admitted for permanent residence to the
18
United States; or
19
(B) an entity organized under the laws of
20
the United States or any jurisdiction within the
21
United States, including a foreign branch of
22
such an entity.
23
36
ROS22028 NP3 S.L.C.
SEC. 302. DETERMINATION WITH RESPECT TO OPERATIONS
1
OF THE RUSSIAN FEDERATION IN UKRAINE.
2
(a) IN GENERAL.—The President shall determine, at
3
such times as are required under subsection (b), wheth-
4
er—
5
(1) the Government of the Russian Federation,
6
including through any of its proxies, is engaged in
7
or knowingly supporting a significant escalation in
8
hostilities or hostile action in or against Ukraine,
9
compared to the level of hostilities or hostile action
10
in or against Ukraine prior to December 1, 2021;
11
and
12
(2) if so, whether such escalation has the aim
13
or effect of undermining, overthrowing, or disman-
14
tling the Government of Ukraine, occupying the ter-
15
ritory of Ukraine, or interfering with the sovereignty
16
or territorial integrity of Ukraine.
17
(b) TIMING OF DETERMINATIONS.—The President
18
shall make the determination described in subsection (a)—
19
(1) not later than 15 days after the date of the
20
enactment of this Act;
21
(2) after the first determination under para-
22
graph (1), every 90 days (or more frequently as war-
23
ranted) during the one-year period beginning on
24
such date of enactment; and
25
37
ROS22028 NP3 S.L.C.
(3) after the end of that one-year period, every
1
120 days.
2
(c) REPORT REQUIRED.—Upon making a determina-
3
tion under this section, the President shall submit to the
4
appropriate committees of Congress, the Committee on
5
Armed Services of the Senate, and the Committee on
6
Armed Services of the House of Representatives, a report
7
on the determination.
8
SEC. 303. IMPOSITION OF SANCTIONS WITH RESPECT TO
9
OFFICIALS OF THE GOVERNMENT OF THE
10
RUSSIAN FEDERATION RELATING TO OPER-
11
ATIONS IN UKRAINE.
12
(a) IN GENERAL.—Upon making an affirmative de-
13
termination under section 302 and not later than 60 days
14
following such a determination, the President shall impose
15
the sanctions described in section 310 with respect to each
16
of the officials specified in subsection (b).
17
(b) OFFICIALS SPECIFIED.—The officials specified in
18
this subsection are the following:
19
(1) The President of the Russian Federation.
20
(2) The Prime Minister of the Russian Federa-
21
tion.
22
(3) The Foreign Minister of the Russian Fed-
23
eration.
24
38
ROS22028 NP3 S.L.C.
(4) The Minister of Defense of the Russian
1
Federation.
2
(5) The Chief of the General Staff of the
3
Armed Forces of the Russian Federation.
4
(6) The Commander-in-Chief of the Land
5
Forces of the Russian Federation.
6
(7) The Commander-in-Chief of the Aerospace
7
Forces of the Russian Federation.
8
(8) The Commander of the Airborne Forces of
9
the Russian Federation.
10
(9) The Commander-in-Chief of the Navy of the
11
Russian Federation.
12
(10) The Commander of the Strategic Rocket
13
Forces of the Russian Federation.
14
(11) The Commander of the Special Operations
15
Forces of the Russian Federation.
16
(12) The Commander of Logistical Support of
17
the Armed Forces of the Russian Federation.
18
(c) ADDITIONAL OFFICIALS.—
19
(1) LIST REQUIRED.—Not later than 30 days
20
after making an affirmative determination under
21
section 302 and every 90 days thereafter, the Presi-
22
dent shall submit to the appropriate committees of
23
Congress a list of foreign persons that the President
24
determines—
25
39
ROS22028 NP3 S.L.C.
(A) are—
1
(i) senior officials of any branch of
2
the armed forces of the Russian Federa-
3
tion leading any of the operations de-
4
scribed in section 302; or
5
(ii) senior officials of the Government
6
of the Russian Federation, including any
7
intelligence agencies or security services of
8
the Russian Federation, with significant
9
roles in planning or implementing such op-
10
erations; and
11
(B) with respect to which sanctions should
12
be imposed in the interest of the national secu-
13
rity of the United States.
14
(2) IMPOSITION OF SANCTIONS.—Upon the sub-
15
mission of each list required by paragraph (1), the
16
President shall impose the sanctions described in
17
section 310 with respect to each foreign person on
18
the list.
19
SEC. 304. IMPOSITION OF SANCTIONS WITH RESPECT TO
20
RUSSIAN FINANCIAL INSTITUTIONS.
21
(a) IMPOSITION OF SANCTIONS.—
22
(1) IN GENERAL.—Upon making an affirmative
23
determination under section 302 and not later than
24
30 days following such a determination, the Presi-
25
40
ROS22028 NP3 S.L.C.
dent shall impose the sanctions described in section
1
310(a)(1) with respect to 3 or more of the following
2
financial institutions:
3
(A) Sberbank.
4
(B) VTB.
5
(C) Gazprombank.
6
(D) VEB.RF.
7
(E) The Russian Direct Investment Fund.
8
(F) Credit Bank of Moscow.
9
(G) Alfa Bank.
10
(H) Rosselkhozbank.
11
(I) FC Bank Otkritie.
12
(J) Promsvyazbank.
13
(K) Sovcombank.
14
(L) Transkapitalbank.
15
(2) SUBSIDIARIES AND SUCCESSOR ENTITIES.—
16
The President may impose the sanctions described
17
in section 310(a)(1) with respect to any subsidiary
18
of, or successor entity to, a financial institution
19
specified in paragraph (1).
20
(b) ADDITIONAL RUSSIAN FINANCIAL INSTITU-
21
TIONS.—
22
(1) LIST REQUIRED.—Not later than 30 days
23
after making an affirmative determination under
24
section 302, and every 90 days thereafter, the Presi-
25
41
ROS22028 NP3 S.L.C.
dent shall submit to the appropriate committees of
1
Congress a list of foreign persons that the President
2
determines—
3
(A) are significant financial institutions
4
owned or operated by the Government of the
5
Russian Federation; and
6
(B) should be sanctioned in the interest of
7
United States national security.
8
(2) IMPOSITION OF SANCTIONS.—Upon the sub-
9
mission of each list required by paragraph (1), the
10
President shall impose the sanctions described in
11
section 310(a)(1) with respect to each foreign person
12
identified on the list.
13
SEC. 305. IMPOSITION OF SANCTIONS WITH RESPECT TO
14
PROVISION OF SPECIALIZED FINANCIAL MES-
15
SAGING SERVICES TO SANCTIONED RUSSIAN
16
FINANCIAL INSTITUTIONS.
17
(a) LIST OF PROVIDERS OF SPECIALIZED FINANCIAL
18
MESSAGING SERVICES TO RUSSIAN FINANCIAL INSTITU-
19
TIONS.—Not later than 60 days after making an affirma-
20
tive determination under section 302, and not later than
21
30 days after the submission of any list of Russian finan-
22
cial institutions under section 304(b)(1), the Secretary of
23
State, in consultation with the Secretary of the Treasury,
24
shall submit to the appropriate committees of Congress
25
42
ROS22028 NP3 S.L.C.
a list of all known persons that provide specialized finan-
1
cial messaging services to, or that enable or facilitate ac-
2
cess to such services for, any financial institution specified
3
in subsection (a) of section 304 or on the list required
4
by subsection (b) of that section.
5
(b) REPORT ON EFFORTS TO TERMINATE THE PRO-
6
VISION OF SPECIALIZED FINANCIAL MESSAGING SERV-
7
ICES FOR SANCTIONED RUSSIAN FINANCIAL INSTITU-
8
TIONS.—Not later than 90 days after the imposition of
9
any sanctions under section 304, and every 30 days there-
10
after as necessary, the Secretary of State, in consultation
11
with the Secretary of the Treasury, shall submit to the
12
appropriate committees of Congress a report that—
13
(1) describes the status of efforts to ensure that
14
the termination of the provision of specialized finan-
15
cial messaging services to, and the enabling and fa-
16
cilitation of access to such services for, any financial
17
institution with respect to which sanctions are im-
18
posed under section 304; and
19
(2) identifies any other provider of specialized
20
financial messaging services that continues to pro-
21
vide messaging services to, or enables or facilitates
22
access to such services for, any such financial insti-
23
tution.
24
43
ROS22028 NP3 S.L.C.
(c) AUTHORIZATION FOR THE IMPOSITION OF SANC-
1
TIONS.—If, on or after the date that is 90 days after the
2
imposition of any sanctions under section 304, a provider
3
of financial specialized financial messaging services con-
4
tinues to knowingly provide specialized financial mes-
5
saging services to, or knowingly enable or facilitate direct
6
or indirect access to such messaging services for, any fi-
7
nancial institution with respect to which sanctions are im-
8
posed under section 304, the President may impose sanc-
9
tions pursuant to that section or the International Emer-
10
gency Economic Powers Act (50 U.S.C. 1701 et seq.) with
11
respect to that provider.
12
(d) ENABLING OR FACILITATION OF ACCESS TO SPE-
13
CIALIZED FINANCIAL MESSAGING SERVICES THROUGH
14
INTERMEDIARY FINANCIAL INSTITUTIONS.—For purposes
15
of this section, enabling or facilitating direct or indirect
16
access to specialized financial messaging services includes
17
doing so by serving as an intermediary financial institu-
18
tion with access to such messaging services.
19
(e) FORM OF LISTS AND REPORTS.—Each list re-
20
quired by subsection (a) and each report required by sub-
21
section (b) shall be submitted in unclassified form, but
22
may include a classified annex.
23
44
ROS22028 NP3 S.L.C.
SEC. 306. PROHIBITION ON AND IMPOSITION OF SANC-
1
TIONS WITH RESPECT TO TRANSACTIONS IN-
2
VOLVING RUSSIAN SOVEREIGN DEBT.
3
(a) PROHIBITION ON TRANSACTIONS.—Upon making
4
an affirmative determination under section 302 and not
5
later than 30 days following such a determination, the
6
President shall prohibit all transactions by United States
7
persons involving the sovereign debt of the Government
8
of the Russian Federation issued on or after the date of
9
the enactment of this Act, including governmental bonds.
10
(b) IMPOSITION OF SANCTIONS WITH RESPECT TO
11
STATE-OWNED ENTERPRISES.—
12
(1) IN GENERAL.—Not later than 60 days after
13
making an affirmative determination under section
14
302, the President shall identify and impose the
15
sanctions described in section 310 with respect to
16
foreign persons that the President determines en-
17
gage in transactions involving the debt—
18
(A) of not less than 10 entities owned or
19
controlled by the Government of the Russian
20
Federation; and
21
(B) that is not subject to any other sanc-
22
tions imposed by the United States.
23
(2) APPLICABILITY.—Sanctions imposed under
24
paragraph (1) shall apply with respect to debt of an
25
entity described in subparagraph (A) of that para-
26
45
ROS22028 NP3 S.L.C.
graph that is issued after the date that is 90 days
1
after the President makes an affirmative determina-
2
tion under section 302.
3
(c) LIST; IMPOSITION OF SANCTIONS.—Not later
4
than 30 days after making an affirmative determination
5
under section 302, and every 90 days thereafter, the Presi-
6
dent shall—
7
(1) submit to the appropriate committees of
8
Congress a list of foreign persons that the President
9
determines are engaged in transactions described in
10
subsection (a); and
11
(2) impose the sanctions described in section
12
310 with respect to each such person.
13
SEC. 307. DEPARTMENT OF STATE REVIEW OF SANCTIONS
14
WITH RESPECT TO NORD STREAM 2.
15
(a) SENSE OF CONGRESS.—It is the sense of Con-
16
gress that—
17
(1) the Nord Stream 2 pipeline is a tool of ma-
18
lign influence of the Russian Federation and if it be-
19
comes operational, it will embolden the Russian Fed-
20
eration to further pressure and destabilize Ukraine;
21
and
22
(2) the United States should consider all avail-
23
able and appropriate measures to prevent the Nord
24
Stream 2 pipeline from becoming operational, in-
25
46
ROS22028 NP3 S.L.C.
cluding through sanctions with respect to entities
1
and individuals responsible for planning, con-
2
structing, or operating the pipeline, and through
3
diplomatic efforts.
4
(b) DEPARTMENT OF STATE REVIEW OF SANCTIONS
5
ON NORD STREAM 2.—Not later than 30 days after the
6
date of the enactment of this Act, the Secretary of State
7
shall review whether the May 19, 2021, waiver regarding
8
sanctions with respect to Nord Stream 2 AG and the chief
9
executive officer of Nord Stream 2 AG remains in the best
10
interest of United States national security, especially in
11
light of the Russian Federation’s military build-up along
12
the border of Ukraine.
13
SEC. 308. IMPOSITION OF SANCTIONS WITH RESPECT TO
14
NORD STREAM 2.
15
Upon making an affirmative determination under
16
section 302 and not later than 30 days following such a
17
determination, the President shall impose the sanctions
18
described in section 310 with respect to a foreign person
19
that is—
20
(1) any entity established for or responsible for
21
the planning, construction, or operation of the Nord
22
Stream 2 pipeline or a successor entity; and
23
(2) any corporate officer of an entity described
24
in paragraph (1).
25
47
ROS22028 NP3 S.L.C.
SEC. 309. IMPOSITION OF SANCTIONS WITH RESPECT TO
1
RUSSIAN EXTRACTIVE INDUSTRIES.
2
(a) IDENTIFICATION.—Not later than 60 days after
3
making an affirmative determination under section 302,
4
the President shall identify foreign persons in any of the
5
sectors or industries described in subsection (b) that the
6
President determines should be sanctioned in the interest
7
of United States national security.
8
(b) SECTORS AND INDUSTRIES DESCRIBED.—The
9
sectors and industries described in this subsection are the
10
following:
11
(1) Oil and gas extraction and production.
12
(2) Coal extraction, mining, and production.
13
(3) Minerals extraction and processing.
14
(4) Any other sector or industry with respect to
15
which the President determines the imposition of
16
sanctions is in the United States national security
17
interest.
18
(c) LIST; IMPOSITION OF SANCTIONS.—Not later
19
than 90 days after making an affirmative determination
20
under section 302, the President shall—
21
(1) submit to the appropriate committees of
22
Congress a list of the persons identified under sub-
23
section (a); and
24
(2) impose the sanctions described in section
25
310 with respect to each such person.
26
48
ROS22028 NP3 S.L.C.
SEC. 310. SANCTIONS DESCRIBED.
1
The sanctions to be imposed with respect to a foreign
2
person under this title are the following:
3
(1) PROPERTY BLOCKING.—The President shall
4
exercise all of the powers granted by the Inter-
5
national Emergency Economic Powers Act (50
6
U.S.C. 1701 et seq.) to the extent necessary to block
7
and prohibit all transactions in all property and in-
8
terests in property of the foreign person if such
9
property and interests in property are in the United
10
States, come within the United States, or are or
11
come within the possession or control of a United
12
States person.
13
(2) ALIENS INADMISSIBLE FOR VISAS, ADMIS-
14
SION, OR PAROLE.—
15
(A) VISAS, ADMISSION, OR PAROLE.—In
16
the case of an alien, the alien is—
17
(i) inadmissible to the United States;
18
(ii) ineligible to receive a visa or other
19
documentation to enter the United States;
20
and
21
(iii) otherwise ineligible to be admitted
22
or paroled into the United States or to re-
23
ceive any other benefit under the Immigra-
24
tion and Nationality Act (8 U.S.C. 1101 et
25
seq.).
26
49
ROS22028 NP3 S.L.C.
(B) CURRENT VISAS REVOKED.—
1
(i) IN GENERAL.—The visa or other
2
entry documentation of an alien described
3
in subparagraph (A) shall be revoked, re-
4
gardless of when such visa or other entry
5
documentation is or was issued.
6
(ii) IMMEDIATE EFFECT.—A revoca-
7
tion under clause (i) shall—
8
(I) take effect immediately; and
9
(II) automatically cancel any
10
other valid visa or entry documenta-
11
tion that is in the alien’s possession.
12
SEC. 311. IMPLEMENTATION; REGULATIONS; PENALTIES.
13
(a) IMPLEMENTATION.—The President may exercise
14
all authorities provided to the President under sections
15
203 and 205 of the International Emergency Economic
16
Powers Act (50 U.S.C. 1702 and 1704) to carry out this
17
title.
18
(b) REGULATIONS.—The President shall issue such
19
regulations, licenses, and orders as are necessary to carry
20
out this title.
21
(c) PENALTIES.—A person that violates, attempts to
22
violate, conspires to violate, or causes a violation of this
23
Act or any regulation, license, or order issued to carry out
24
this title shall be subject to the penalties set forth in sub-
25
50
ROS22028 NP3 S.L.C.
sections (b) and (c) of section 206 of the International
1
Emergency Economic Powers Act (50 U.S.C. 1705) to the
2
same extent as a person that commits an unlawful act de-
3
scribed in subsection (a) of that section.
4
SEC. 312. EXCEPTIONS; WAIVER.
5
(a) EXCEPTIONS.—
6
(1) EXCEPTION FOR INTELLIGENCE ACTIVI-
7
TIES.—This title shall not apply with respect to ac-
8
tivities subject to the reporting requirements under
9
title V of the National Security Act of 1947 (50
10
U.S.C. 3091 et seq.) or any authorized intelligence
11
activities of the United States.
12
(2) EXCEPTION FOR COMPLIANCE WITH INTER-
13
NATIONAL OBLIGATIONS AND LAW ENFORCEMENT
14
ACTIVITIES.—Sanctions under this title shall not
15
apply with respect to an alien if admitting or parol-
16
ing the alien into the United States is necessary—
17
(A) to permit the United States to comply
18
with the Agreement regarding the Head-
19
quarters of the United Nations, signed at Lake
20
Success on June 26, 1947, and entered into
21
force November 21, 1947, between the United
22
Nations and the United States, or other appli-
23
cable international obligations of the United
24
States; or
25
51
ROS22028 NP3 S.L.C.
(B) to carry out or assist law enforcement
1
activity in the United States.
2
(b) NATIONAL SECURITY WAIVER.—The President
3
may waive the imposition of sanctions under this title with
4
respect to a person if the President—
5
(1) determines that such a waiver is in the na-
6
tional security interests of the United States; and
7
(2) submits to the appropriate committees of
8
Congress a notification of the waiver and the rea-
9
sons for the waiver.
10
SEC. 313. TERMINATION.
11
The President may terminate the sanctions imposed
12
under this title after determining and certifying to the ap-
13
propriate committees of Congress that the Government of
14
the Russian Federation has—
15
(1) verifiably withdrawn all of its forces from
16
Ukrainian territory that was not occupied or subject
17
to control by forces or proxies of the Government of
18
the Russian Federation prior to December 1, 2021;
19
(2) ceased supporting proxies in Ukrainian ter-
20
ritory described in paragraph (1); and
21
(3) entered into an agreed settlement with a le-
22
gitimate democratic government of Ukraine.
23
52
ROS22028 NP3 S.L.C.
TITLE IV—GENERAL
1
PROVISIONS
2
SEC. 401. SUNSET.
3
(a) TITLES I AND II.—The provisions of titles I and
4
II shall terminate on the date that is 5 years after the
5
date of the enactment of this Act.
6
(b) TITLE III.—The provisions of title III shall ter-
7
minate on the date that is 3 years after the date of the
8
enactment of this Act.
9
SEC. 402. EXCEPTION RELATING TO IMPORTATION OF
10
GOODS.
11
(a) IN GENERAL.—Notwithstanding any other provi-
12
sion of this Act, the authority or a requirement to impose
13
sanctions under this Act shall not include the authority
14
or a requirement to impose sanctions on the importation
15
of goods.
16
(b) GOOD DEFINED.—In this section, the term
17
‘‘good’’ means any article, natural or manmade substance,
18
material, supply, or manufactured product, including in-
19
spection and test equipment, and excluding technical data.
20

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Protecting Ukraine sovereignty act of 2022

  • 1. ROS22028 NP3 S.L.C. 117TH CONGRESS 2D SESSION S. ll 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 llllllllll Mr. MENENDEZ introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL To counter the aggression of the Russian Federation against Ukraine and Eastern European allies, to expedite secu- rity assistance to Ukraine to bolster Ukraine’s defense capabilities, and to impose sanctions relating to the ac- tions of the Russian Federation with respect to Ukraine, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Defending Ukraine Sovereignty Act of 2022’’. 5
  • 2. 2 ROS22028 NP3 S.L.C. (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 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 program- ming 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 integ- rity 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 MILI- TARY ESCALATION AND AGGRESSION BY THE RUSSIAN FED- ERATION 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.
  • 3. 3 ROS22028 NP3 S.L.C. Sec. 305. Imposition of sanctions with respect to provision of specialized finan- cial messaging services to sanctioned Russian financial institu- tions. Sec. 306. Prohibition on and imposition of sanctions with respect to trans- actions 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. 1 In this Act: 2 (1) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means the Committee on Foreign Relations 5 of the Senate and the Committee on Foreign Affairs 6 of the House of Representatives. 7 (2) DEFENSE ARTICLE; DEFENSE SERVICE.— 8 The terms ‘‘defense article’’ and ‘‘defense service’’ 9 have the meanings given those terms in section 47 10 of the Arms Export Control Act (22 U.S.C. 2794). 11 SEC. 3. SENSE OF CONGRESS. 12 It is the sense of Congress that— 13 (1) it is in the national security interests of the 14 United States to continue and deepen the security 15 partnership between the United States and Ukraine, 16
  • 4. 4 ROS22028 NP3 S.L.C. and support Ukraine’s sovereignty and territorial in- 1 tegrity; 2 (2) aggression and malign influence by the Gov- 3 ernment of the Russian Federation and its proxies 4 in Ukraine is a threat to the democratic sovereignty 5 of Ukraine; 6 (3) in coordination with the European Union, 7 the North Atlantic Treaty Organization (NATO), 8 and members of the international community, the 9 United States should support the territorial integrity 10 of Ukraine and oppose any effort by the Government 11 of the Russian Federation to further encroach on 12 Ukraine’s territory and independence; 13 (4) the United States should work in close con- 14 cert with allies and partners of the United States— 15 (A) to support and expedite the provision 16 of lethal and non-lethal assistance to Ukraine; 17 and 18 (B) to support and bolster the defense of 19 Ukraine against potential renewed aggression 20 and military escalation by the Government of 21 the Russian Federation or through any of its 22 proxies; 23 (5) the United States and NATO should not 24 cede to the demands of the Government of the Rus- 25
  • 5. 5 ROS22028 NP3 S.L.C. sian Federation regarding NATO membership or ex- 1 pansion; 2 (6) economic and financial sanctions, when used 3 as part of a coordinated and comprehensive strategy, 4 are a powerful tool to advance United States foreign 5 policy and national security interests; and 6 (7) the United States, in coordination with al- 7 lies and partners of the United States, should im- 8 pose substantial new sanctions in the event that the 9 Government of the Russian Federation or its proxies 10 engages in escalatory military operations or other 11 destabilizing aggression against Ukraine. 12 SEC. 4. STATEMENT OF POLICY. 13 It is the policy of the United States that— 14 (1) the United States will support the terri- 15 torial integrity of Ukraine and other Eastern Euro- 16 pean countries against aggression by the Govern- 17 ment of the Russian Federation or its proxies; 18 (2) the United States will work to ensure the 19 swift and ongoing provision of lethal and non-lethal 20 security assistance to Ukraine, particularly so long 21 as the Government of the Russian Federation or its 22 proxies has armed forces within the territorial bor- 23 ders of Ukraine or stationed near Ukraine’s border; 24
  • 6. 6 ROS22028 NP3 S.L.C. (3) the United States will continue to build the 1 resiliency of Ukraine’s military and cyber defenses 2 and bolster Ukraine’s ability to defend against ag- 3 gression by the Government of the Russian Federa- 4 tion; 5 (4) the United States will continue to improve 6 Ukraine’s interoperability with NATO forces and 7 seek to further enhance security cooperation and en- 8 gagement with and among partners in the Black Sea 9 and Baltic region; 10 (5) the United States will work closely with re- 11 gional partners, including those in the Black Sea re- 12 gion and the Baltic states, to strengthen Ukrainian 13 and regional security; and 14 (6) the United States is committed to a strong 15 and unified NATO and will not cede to the demands 16 of the Government of the Russian Federation re- 17 garding NATO membership. 18
  • 7. 7 ROS22028 NP3 S.L.C. TITLE I—EXPEDITING SECURITY 1 ASSISTANCE TO UKRAINE 2 AND BOLSTERING UKRAINE’S 3 DEFENSE CAPABILITIES 4 SEC. 101. PRIORITIZING DELIVERY OF EXCESS DEFENSE 5 ARTICLES TO UKRAINE. 6 (a) IN GENERAL.—During fiscal year 2022, the 7 United States should give priority to the delivery of excess 8 defense articles to Ukraine over the transfer of such arti- 9 cles to other countries and regions under section 516(c)(2) 10 of the Foreign Assistance Act of 1961 (22 U.S.C. 11 2321j(c)(2)). 12 (b) WAIVER.—The President may waive subsection 13 (a) if the President certifies to the appropriate congres- 14 sional committees, the Committee on Armed Services of 15 the Senate, and the Committee on Armed Services of the 16 House of Representatives, that such a waiver is in the na- 17 tional security interest of the United States. 18 SEC. 102. USE OF DEPARTMENT OF DEFENSE LEASE AU- 19 THORITY AND SPECIAL DEFENSE ACQUISI- 20 TION FUND TO SUPPORT UKRAINE. 21 (a) USE OF SPECIAL DEFENSE ACQUISITION 22 FUND.—The Secretary of Defense, in consultation with 23 the Secretary of State, may utilize, to the maximum extent 24 possible, the Special Defense Acquisition Fund established 25
  • 8. 8 ROS22028 NP3 S.L.C. under section 51 of the Arms Export Control Act (22 1 U.S.C. 2795) to expedite the procurement and delivery of 2 defense articles and defense services for the purpose of 3 assisting and supporting the armed forces of Ukraine. 4 (b) USE OF LEASE AUTHORITY.—The Secretary of 5 Defense, in consultation with the Secretary of State, may 6 utilize, to the maximum extent possible, its lease author- 7 ity, including with respect to no-cost leases, to provide de- 8 fense articles to Ukraine for the purpose of assisting and 9 supporting the armed forces of Ukraine. 10 SEC. 103. STRATEGY FOR BOLSTERING DEFENSIVE CAPAC- 11 ITIES OF UKRAINE AND ENHANCING DELIV- 12 ERY OF SECURITY ASSISTANCE. 13 (a) IN GENERAL.—Not later than 30 days after the 14 date of the enactment of this Act, the Secretary of State 15 shall submit to the appropriate congressional committees, 16 the Committee on Armed Services of the Senate, and the 17 Committee on Armed Services of the House of Represent- 18 atives, a strategy for bolstering the defensive capabilities 19 of the armed forces of Ukraine and enhancing the delivery 20 of security assistance to Ukraine, which shall include the 21 following: 22 (1) A plan to meet the most critical capability 23 gaps and capacity shortfalls of the armed forces of 24 Ukraine. 25
  • 9. 9 ROS22028 NP3 S.L.C. (2) A plan for United States cooperation with 1 allies and partners to provide immediate assistance 2 to the armed forces of Ukraine. 3 (3) A plan to prioritize the delivery of excess 4 defense articles to Ukraine in accordance with sec- 5 tion 101. 6 (4) A plan to transfer to Ukraine defense arti- 7 cles previously allocated for operations in Afghani- 8 stan that are available for transfer, as appropriate. 9 (b) FORM.—The strategy required by subsection (a) 10 shall be submitted in unclassified form, but may include 11 a classified annex if necessary. 12 SEC. 104. PRESIDENTIAL DRAWDOWN AUTHORITY. 13 The authority under section 506(a) of the Foreign 14 Assistance Act of 1961 (22 U.S.C. 2318(a)) may be exer- 15 cised during fiscal year 2022 for Ukraine to the maximum 16 extent available for that fiscal year. 17 SEC. 105. FOREIGN MILITARY FINANCING. 18 (a) SENSE OF CONGRESS.—It is the sense of Con- 19 gress that— 20 (1) the provision of security assistance to 21 Ukraine is one of the most efficient and effective 22 mechanisms for supporting Ukraine and ensuring 23 that it can defend against aggression by the Russian 24 Federation; 25
  • 10. 10 ROS22028 NP3 S.L.C. (2) in light of the military build-up by the Gov- 1 ernment of the Russian Federation, the United 2 States, working with allies and partners, should 3 work to expedite the provision of defense articles 4 and other security assistance to Ukraine and 5 prioritize and facilitate assistance to respond to the 6 most urgent defense needs of the armed forces of 7 Ukraine; and 8 (3) the United States should ensure adequate 9 planning for maintenance for any equipment pro- 10 vided to Ukraine. 11 (b) AUTHORIZATION OF EMERGENCY SUPPLE- 12 MENTAL APPROPRIATIONS.—Upon an affirmative deter- 13 mination under section 302, there is authorized to be ap- 14 propriated for the Department of State for fiscal year 15 2022 $500,000,000, as an authorization of emergency 16 supplemental appropriations, for Foreign Military Financ- 17 ing assistance to Ukraine to assist the country in meeting 18 its defense needs. 19 (c) NOTICE TO CONGRESS.—Not later than 15 days 20 before providing assistance or support pursuant to sub- 21 section (a), the Secretary of State shall submit to the ap- 22 propriate congressional committees, the Committee on Ap- 23 propriations of the Senate, and the Committee on Appro- 24
  • 11. 11 ROS22028 NP3 S.L.C. priations of the House of Representatives a notification 1 containing the following: 2 (1) A detailed description of the assistance or 3 support to be provided, including— 4 (A) the objectives of such assistance or 5 support; 6 (B) the budget for such assistance or sup- 7 port; and 8 (C) the expected or estimated timeline for 9 delivery of such assistance or support. 10 (2) A description of such other matters as the 11 Secretary considers appropriate. 12 (d) AUTHORITY TO PROVIDE LETHAL ASSIST- 13 ANCE.—The Secretary of State is authorized to provide 14 lethal assistance under this section, including anti-armor 15 weapon systems, mortars, crew-served weapons and am- 16 munition, grenade launchers and ammunition, anti-tank 17 weapons systems, anti-ship weapons systems, anti-aircraft 18 weapons systems, and small arms and ammunition. 19 SEC. 106. INTERNATIONAL MILITARY EDUCATION AND 20 TRAINING COOPERATION WITH UKRAINE. 21 (a) SENSE OF CONGRESS.—It is the sense of Con- 22 gress that— 23 (1) International Military Education and Train- 24 ing (IMET) is a critical component of United States 25
  • 12. 12 ROS22028 NP3 S.L.C. security assistance that facilitates training of inter- 1 national forces and strengthens cooperation and ties 2 between the United States and foreign countries; 3 (2) it is in the national interest of the United 4 States to further strengthen the armed forces of 5 Ukraine, particularly to enhance their defensive ca- 6 pability and improve interoperability for joint oper- 7 ations; and 8 (3) the Government of Ukraine should fully uti- 9 lize the United States IMET program, encourage eli- 10 gible officers and civilian leaders to participate in 11 the training, and promote successful graduates to 12 positions of prominence in the armed forces of 13 Ukraine. 14 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 15 authorized to be appropriated to the Department of State 16 for fiscal year 2022 $3,000,000 for International Military 17 Education and Training assistance for Ukraine. The as- 18 sistance shall be made available for the following purposes: 19 (1) Training of future leaders. 20 (2) Establishing a rapport between the United 21 States Armed Forces and the armed forces of 22 Ukraine to build partnerships for the future. 23 (3) Enhancement of interoperability and capa- 24 bilities for joint operations. 25
  • 13. 13 ROS22028 NP3 S.L.C. (4) Focusing on professional military education, 1 civilian control of the military, and human rights. 2 (5) Fostering a better understanding of the 3 United States. 4 (c) NOTICE TO CONGRESS.—Not later than 15 days 5 before providing assistance or support pursuant to sub- 6 section (a), the Secretary of State shall submit to the ap- 7 propriate congressional committees, the Committee on Ap- 8 propriations of the Senate, and the Committee on Appro- 9 priations of the House of Representatives a notification 10 containing the following elements: 11 (1) A detailed description of the assistance or 12 support to be provided, including— 13 (A) the objectives of such assistance or 14 support; 15 (B) the budget for such assistance or sup- 16 port; and 17 (C) the expected or estimated timeline for 18 delivery of such assistance or support. 19 (2) A description of such other matters as the 20 Secretary considers appropriate. 21
  • 14. 14 ROS22028 NP3 S.L.C. SEC. 107. STRATEGY ON INTERNATIONAL MILITARY EDU- 1 CATION AND TRAINING PROGRAMMING IN 2 UKRAINE. 3 (a) IN GENERAL.—Not later than 90 days after the 4 date of the enactment of this Act, the Secretary of State 5 shall submit to the appropriate congressional committees 6 a strategy for the implementation of the International 7 Military Education and Training program in Ukraine au- 8 thorized under section 106. 9 (b) ELEMENTS.—The strategy required under sub- 10 section (a) shall include the following elements: 11 (1) A clear plan, developed in close consultation 12 with the Ukrainian Ministry of Defense and the 13 armed forces of Ukraine, for how the IMET pro- 14 gram will be used by the United States Government 15 and the Government of Ukraine to propel program 16 graduates to positions of prominence in support of 17 the reform efforts of the armed forces of Ukraine in 18 line with NATO standards. 19 (2) An assessment of the education and train- 20 ing requirements of the armed forces of Ukraine and 21 clear recommendations for how IMET graduates 22 should be assigned by the Ukrainian Ministry of De- 23 fense upon completion of education or training. 24 (3) An accounting of the current combat re- 25 quirements of the armed forces of Ukraine and an 26
  • 15. 15 ROS22028 NP3 S.L.C. assessment of the viability of alternative mobile 1 training teams, distributed learning, and other flexi- 2 ble solutions to reach such students. 3 (4) An identification of opportunities to influ- 4 ence the next generation of leaders through attend- 5 ance at United States staff and war colleges, junior 6 leader development programs, and technical schools. 7 (c) FORM.—The strategy required under subsection 8 (a) shall be submitted in unclassified form, but may con- 9 tain a classified annex. 10 SEC. 108. SENSE OF CONGRESS ON LOAN PROGRAM. 11 It is the sense of Congress that— 12 (1) as appropriate, the United States Govern- 13 ment should provide direct loans to Ukraine for the 14 procurement of defense articles, defense services, 15 and design and construction services pursuant to the 16 authority of section 23 of the Arms Export Control 17 Act (22 U.S.C. 2763) to support the further devel- 18 opment of Ukraine’s military forces; and 19 (2) such loans should be considered an additive 20 security assistance tool, and not a substitute for 21 Foreign Military Financing for grant assistance or 22 Ukraine Security Assistance Initiative programming. 23
  • 16. 16 ROS22028 NP3 S.L.C. SEC. 109. REPORT ON SECURITY ASSISTANCE AND PROVI- 1 SION OF DEFENSE ARTICLES TO ARMED 2 FORCES OF UKRAINE. 3 Not later than 90 days after the date of the enact- 4 ment of this Act, the Secretary of State shall submit to 5 the appropriate congressional committees, the Committee 6 on Armed Services of the Senate, and the Committee on 7 Armed Services of the House of Representatives, a report 8 that includes— 9 (1) a description of the steps the United States 10 has taken to provide and expedite security assist- 11 ance, defense articles, and any other forms of sup- 12 port to Ukraine and the armed forces of Ukraine, 13 including increasing air defense capabilities, since 14 September 1, 2021; 15 (2) a description of any increased assistance 16 and support provided by allies and partners of the 17 United States or Ukraine to Ukraine or the armed 18 forces of Ukraine, including increasing air defense 19 capabilities, since September 1, 2021; and 20 (3) a description of any plans by the United 21 States to provide additional assistance and support 22 to Ukraine or the armed forces of Ukraine. 23
  • 17. 17 ROS22028 NP3 S.L.C. TITLE II—COUNTERING KREM- 1 LIN AGGRESSION AGAINST 2 UKRAINE AND EASTERN EU- 3 ROPEAN ALLIES 4 SEC. 201. AUTHORIZING PROGRAMS TO COUNTER AND 5 COMBAT DISINFORMATION ACTIVITIES OF 6 THE RUSSIAN FEDERATION. 7 (a) COUNTERING RUSSIAN INFLUENCE FUND.—The 8 Secretary of State should use funds available for obliga- 9 tion in the Countering Russian Influence Fund described 10 in section 7070(d) of the Department of State, Foreign 11 Operations, and Related Programs Appropriations Act, 12 2017 (division J of Public Law 115–31; 131 Stat. 706)— 13 (1) to prioritize assisting Ukraine to detect and 14 combat disinformation from the Russian Federation 15 and its proxies; and 16 (2) to assist the Government of Ukraine in de- 17 veloping new defense strategies and technologies. 18 (b) STRATEGY REQUIRED.— 19 (1) IN GENERAL.—Not later than 60 days after 20 the date of the enactment of this Act, the Secretary 21 of State shall submit to the appropriate congres- 22 sional committees a plan for countering and com- 23 bating disinformation by the Russian Federation 24
  • 18. 18 ROS22028 NP3 S.L.C. and supporting free and independent media in 1 Ukraine that includes— 2 (A) a plan to assist the Government of 3 Ukraine in combating and responding to malign 4 influence operations of the Russian Federation 5 aimed at inflaming tensions and dividing 6 Ukrainian society; 7 (B) an assessment of effective efforts and 8 programs to improve media literacy in Ukraine 9 and recommendations for how the United 10 States can assist in supporting and expanding 11 those programs; 12 (C) a plan to assist the Government of 13 Ukraine improve efforts to detect and remove 14 content originating from Russian troll farms, 15 bots, and other sources aimed at sowing divi- 16 sion and disseminating disinformation in 17 Ukraine or targeting Ukrainian audiences; 18 (D) recommendations to increase support 19 for independent media outlets, including Radio 20 Free Europe/Radio Liberty; and 21 (E) recommendations to increase support 22 for independent media outlets catering to Rus- 23 sian-speaking populations residing in Russian- 24
  • 19. 19 ROS22028 NP3 S.L.C. occupied Crimea, the Donbas region of Ukraine, 1 and throughout Ukraine. 2 (2) FORM.—The strategy required by para- 3 graph (1) shall be submitted in unclassified form, 4 but may include a classified annex if necessary. 5 SEC. 202. EXPANDED SUPPORT AND AUTHORIZATION FOR 6 RADIO FREE EUROPE/RADIO LIBERTY TO 7 REACH AUDIENCES ON THE PERIPHERY OF 8 THE RUSSIAN FEDERATION. 9 (a) SENSE OF CONGRESS.—It is the sense of Con- 10 gress that— 11 (1) Radio Free Europe/Radio Liberty continues 12 to fulfill its mission of providing reliable, uncen- 13 sored, and accessible news and reporting in Ukraine 14 and other countries where media freedom is re- 15 stricted; 16 (2) Radio Free Europe/Radio Liberty is one of 17 the most critical sources of unrestricted, independent 18 news and reporting for audiences on the periphery of 19 the Russian Federation; 20 (3) the Government of the Russian Federation 21 has engaged in systematic targeting of Radio Free 22 Europe/Radio Liberty reporters inside the Russian 23 Federation, which has negatively impacted the orga- 24
  • 20. 20 ROS22028 NP3 S.L.C. nization’s ability to provide timely, reliable, and ac- 1 curate news from inside the country; and 2 (4) despite pressure from the Government of 3 the Russian Federation, Radio Free Europe/Radio 4 Liberty’s audience continues to grow inside the Rus- 5 sian Federation and surrounding countries. 6 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 7 authorized to be appropriated $155,500,000 for Radio 8 Free Europe/Radio Liberty for fiscal year 2022. 9 (c) AUTHORIZATION OF NEW BUREAUS.—Radio Free 10 Europe/Radio Liberty may explore opening new bureaus 11 to help expand its ability to reach audiences on the periph- 12 ery of the Russian Federation. 13 (d) INITIATIVES TO BOLSTER RADIO FREE EUROPE/ 14 RADIO LIBERTY BUREAUS AROUND RUSSIAN FEDERA- 15 TION’S PERIPHERY.—To help expand its reach to Rus- 16 sian-speaking audiences and increase its reach to audi- 17 ences through digital media, Radio Free Europe/Radio 18 Liberty should— 19 (1) evaluate where Russian disinformation is 20 most deeply pervasive in the Eurasia region; 21 (2) develop strategies to better communicate 22 with predominately Russian-speaking regions; 23 (3) build on efforts to increase capacity and 24 programming to counter disinformation in real time; 25
  • 21. 21 ROS22028 NP3 S.L.C. (4) expand Russian language investigative jour- 1 nalism; 2 (5) improve the technical capacity of the 3 Ukraine bureau; and 4 (6) continue efforts to increase digital news 5 services. 6 (e) REPORT REQUIRED.—Not later than 90 days 7 after the date of the enactment of this Act, the United 8 States Agency for Global Media shall submit to the appro- 9 priate congressional committees, the Committee on Appro- 10 priations of the Senate, and the Committee on Appropria- 11 tions of the House of Representatives a report that in- 12 cludes— 13 (1) recommendations of locations to open new 14 bureaus to help reach new audiences in the broader 15 Eurasia region; 16 (2) an assessment of current staffing and an- 17 ticipated staffing needs in order to effectively reach 18 audiences in the broader Eurasia region; and 19 (3) an assessment of the impact of the Govern- 20 ment of the Russian Federation closing down Radio 21 Free Europe/Radio Liberty within the Russian Fed- 22 eration. 23
  • 22. 22 ROS22028 NP3 S.L.C. SEC. 203. MULTILATERAL EFFORTS TO BOLSTER 1 UKRAINE’S CYBER DEFENSE CAPABILITIES. 2 (a) STATEMENT OF POLICY.—It is the policy of the 3 United States— 4 (1) to support multilateral, intergovernmental, 5 and nongovernmental efforts to improve Ukraine’s 6 cybersecurity capacity, including addressing legisla- 7 tive and regulatory gaps in Ukraine’s cybersecurity 8 policies, improving cybersecurity sector governance, 9 and expanding collaboration among relevant stake- 10 holders in both the public and private sectors; 11 (2) to work with the Government of Ukraine to 12 strengthen cybersecurity technical capacity within 13 critical infrastructure sectors and improve the over- 14 all cybersecurity workforce by strengthening cyberse- 15 curity-related academic and training programs and 16 exchanges; 17 (3) to work closely with the NATO Cooperative 18 Cyber Defence Centre of Excellence, the European 19 Union Agency for Cybersecurity, and the National 20 Cyber Security Centre of the United Kingdom to 21 bolster Ukraine’s cyber defense capabilities; and 22 (4) to strengthen the ability of the Government 23 of Ukraine to detect, investigate, disrupt, and deter 24 cyberattacks and to develop cybersecurity incident 25 response teams. 26
  • 23. 23 ROS22028 NP3 S.L.C. (b) REPORT REQUIRED.—Not later than 180 days 1 after the date of the enactment of this Act, the Secretary 2 of State shall submit to the appropriate congressional 3 committees a report on efforts to implement the policy de- 4 scribed in subsection (a). 5 (c) EVALUATION OF IMPOSITION OF SANCTIONS.—In 6 the event the Government of the Russian Federation or 7 any of its proxies engages in a cyberattack or cyber inci- 8 dent that materially disrupts or degrades any critical in- 9 frastructure in Ukraine, the President shall evaluate 10 whether imposing any of the sanctions described in section 11 310 is in the national security interests of the United 12 States. 13 SEC. 204. REPORT ON ROLE OF INTELLIGENCE AND SECU- 14 RITY SERVICES OF THE RUSSIAN FEDERA- 15 TION IN EFFORTS TO UNDERMINE THE INDE- 16 PENDENCE AND INTEGRITY OF UKRAINE. 17 (a) IN GENERAL.—Not later than 120 days after the 18 date of the enactment of this Act, the Director of National 19 Intelligence, in coordination with the Secretary of State, 20 shall submit to the appropriate congressional committees, 21 the Select Committee on Intelligence of the Senate, and 22 the Permanent Select Committee on Intelligence of the 23 House of Representatives, a report on the role of the intel- 24 ligence and security services of the Russian Federation in 25
  • 24. 24 ROS22028 NP3 S.L.C. efforts to undermine and interfere with the independence 1 of Ukraine. 2 (b) ELEMENTS.—The report required by subsection 3 (a) shall include— 4 (1) an assessment of the priorities and objec- 5 tives of the intelligence and security services of the 6 Russian Federation with respect to Ukraine; 7 (2) a detailed description of the steps taken by 8 any intelligence or security services of the Russian 9 Federation to undermine the stability of Ukraine or 10 the Government of Ukraine; 11 (3) a complete list of the branches of the intel- 12 ligence or security services of the Russian Federa- 13 tion that have engaged in any influence efforts or 14 campaigns to undermine the stability of Ukraine or 15 the Government of Ukraine; 16 (4) an assessment of— 17 (A) the tactics and techniques used by any 18 intelligence and security services of the Russian 19 Federation with respect to Ukraine; and 20 (B) the success of those tactics and tech- 21 niques; and 22 (5) any plans by the United States to provide 23 additional support to the Government of Ukraine to 24 prevent internal destabilization efforts, including 25
  • 25. 25 ROS22028 NP3 S.L.C. through intelligence sharing and support for reforms 1 and anti-corruption efforts. 2 SEC. 205. STRATEGY FOR FORUM ON EUROPEAN SECURITY. 3 (a) SENSE OF CONGRESS.—It is the sense of Con- 4 gress that— 5 (1) the United States should work closely with 6 NATO allies, particularly those that share a border 7 with the Russian Federation, on any matters related 8 to European security; and 9 (2) the United States Mission to the Organiza- 10 tion for Security and Co-operation in Europe (com- 11 monly referred to as the ‘‘OSCE’’) should— 12 (A) support an inclusive European security 13 dialogue that calls on OSCE participating 14 states to comply with principles set forth in the 15 Helsinki Final Act, the Charter of Paris for a 16 New Europe, and the Charter of the United 17 Nations; and 18 (B) continue to publicly call for the Gov- 19 ernment of the Russian Federation to adhere to 20 its commitments as an OSCE participating 21 state. 22 (b) STRATEGY ON EUROPEAN SECURITY.—Not later 23 than 30 days after the date of the enactment of this Act, 24 the Secretary of State shall submit to the appropriate con- 25
  • 26. 26 ROS22028 NP3 S.L.C. gressional committees a strategy for continued engage- 1 ment with the Government of the Russian Federation fol- 2 lowing January 2022 security dialogues, including the 3 Strategic Stability Dialogue in Geneva, the NATO-Russia 4 Council Meeting in Brussels, and the Organization for Se- 5 curity and Co-operation in Europe Permanent Council 6 Meeting in Vienna, which shall include— 7 (1) an assessment of whether the Government 8 of the Russian Federation has sufficiently de-esca- 9 lated regional tensions, including through a signifi- 10 cant withdrawal of troops from the border of 11 Ukraine, to merit further discussion; 12 (2) an assessment of the objectives of the Gov- 13 ernment of the Russian Federation related to Euro- 14 pean security; 15 (3) a plan to reduce tensions between the Rus- 16 sian Federation and Eastern European allies, taking 17 into account the perspectives of a wide cross section 18 of European allies of the United States; and 19 (4) a plan for including Eastern European 20 NATO allies, specifically those that share a border 21 with the Russian Federation, in any conversations 22 on European security. 23
  • 27. 27 ROS22028 NP3 S.L.C. (c) FORM.—The strategy required by subsection (a) 1 shall be submitted in unclassified form, but may include 2 a classified annex if necessary. 3 SEC. 206. DEEPENING SECURITY AND ECONOMIC TIES 4 WITH BALTIC ALLIES. 5 (a) SENSE OF CONGRESS.—It is the sense of Con- 6 gress that— 7 (1) supporting and bolstering the security of 8 the Baltic states of Estonia, Latvia, and Lithuania 9 is in the national security interests of the United 10 States; 11 (2) the Baltic states are critical in countering 12 aggression by the Government of the Russian Fed- 13 eration and maintaining the collective security of the 14 NATO alliance; 15 (3) the United States should continue to sup- 16 port and foster a security partnership with the Bal- 17 tic states that aims to meet their security needs and 18 provides additional capabilities and tools to help de- 19 fend against aggression by the Government of the 20 Russian Federation in the region; 21 (4) the United States should encourage the ini- 22 tiative undertaken by the Baltic states to advance 23 the Three Seas Initiative to strengthen transport, 24
  • 28. 28 ROS22028 NP3 S.L.C. energy, and digital infrastructures among eastern 1 Europe countries; 2 (5) there are mutually beneficial opportunities 3 for increased investment and economic expansion be- 4 tween the United States and the Baltic states; and 5 (6) improved economic ties between the United 6 States and the Baltic states will lead to a strength- 7 ened strategic partnership. 8 (b) BALTIC SECURITY AND ECONOMIC ENHANCE- 9 MENT INITIATIVE.— 10 (1) IN GENERAL.—The Secretary of State shall 11 establish an initiative to deepen and foster security 12 and economic ties with the Baltic states. 13 (2) PURPOSE AND OBJECTIVES.—The initiative 14 established under paragraph (1) shall have the fol- 15 lowing goals and objectives: 16 (A) Ensuring the efficient and effective de- 17 livery of security assistance to the Baltic states, 18 prioritizing assistance that will bolster defenses 19 against hybrid warfare and improve interoper- 20 ability with NATO forces. 21 (B) Bolstering United States support for 22 the Baltic region’s physical and energy security 23 needs. 24
  • 29. 29 ROS22028 NP3 S.L.C. (C) Mitigating the impact of economic co- 1 ercion by the Russian Federation and the Peo- 2 ple’s Republic of China on Baltic states and 3 identifying new opportunities for foreign direct 4 investment and United States business ties. 5 (D) Improving high-level engagement be- 6 tween the United States and the Baltic states, 7 with a focus on improving high-level security 8 and economic cooperation. 9 (3) ACTIVITIES.—The initiative established 10 under paragraph (1) shall— 11 (A) develop a comprehensive security as- 12 sistance strategy to strengthen the defensive ca- 13 pabilities of the Baltic states, in coordination 14 with other security assistance authorities, that 15 takes into account the unique challenges of the 16 proximity of the Baltic states to the Russian 17 Federation and the threat of aggression against 18 the Baltic states from the Government of the 19 Russian Federation; 20 (B) encourage the United States Inter- 21 national Development Finance Corporation to 22 identify new opportunities for investment in the 23 Baltic states; 24
  • 30. 30 ROS22028 NP3 S.L.C. (C) send high-level representatives of the 1 Department of State to— 2 (i) the Baltic states not less fre- 3 quently than twice a year; and 4 (ii) major regional fora on physical 5 and energy security, including the Three 6 Seas Initiative Summit and Business 7 Forum and the Baltic Sea Security Con- 8 ference; 9 (D) convene an annual trade forum, in co- 10 ordination with the governments of Baltic 11 states, to foster investment opportunities in the 12 Baltic region for United States businesses; and 13 (E) foster dialogue between experts from 14 the United States and from the Baltic states on 15 hybrid warfare, cyber defenses, economic expan- 16 sion, and foreign direct investment. 17 SEC. 207. PUBLIC DISCLOSURE OF ASSETS OF VLADIMIR 18 PUTIN AND HIS INNER CIRCLE. 19 (a) IN GENERAL.—Not later than 180 days after the 20 date of the enactment of this Act, the Secretary of the 21 Treasury, in coordination with the Director of National 22 Intelligence and the Secretary of State, shall submit to 23 the committees specified in subsection (d) a detailed re- 24 port on the personal net worth and assets of the President 25
  • 31. 31 ROS22028 NP3 S.L.C. of the Russian Federation, Vladimir Putin, and his inner 1 circle. 2 (b) ELEMENTS.—The report required by subsection 3 (a) shall include— 4 (1) an identification of significant senior foreign 5 political figures and oligarchs in the Russian Fed- 6 eration, as determined by their closeness to Vladimir 7 Putin; 8 (2) the estimated net worth and known sources 9 of income of the individuals identified under para- 10 graph (1), Vladimir Putin, and the family members 11 of such individuals and Vladimir Putin (including 12 spouses, children, parents, and siblings), including 13 assets, investments, bank accounts, business inter- 14 ests, held in and outside of the Russian Federation, 15 and relevant beneficial ownership information; 16 (3) an estimate of the total annual income and 17 personal expenditures of Vladimir Putin and his 18 family members for calendar years 2017 through 19 2021; and 20 (4) all known details about the financial prac- 21 tices and transparency, or lack thereof, of Vladimir 22 Putin and the individuals identified under paragraph 23 (1). 24 (c) FORM.— 25
  • 32. 32 ROS22028 NP3 S.L.C. (1) IN GENERAL.—The report required by sub- 1 section (a) shall be submitted in unclassified form, 2 but may include a classified annex. 3 (2) PUBLIC AVAILABILITY.—The unclassified 4 portion of the report required by subsection (a) shall 5 be made available on a publicly accessible internet 6 website. 7 (d) COMMITTEES SPECIFIED.—The committees spec- 8 ified in this subsection are— 9 (1) the appropriate congressional committees; 10 (2) the Select Committee on Intelligence and 11 the Committee on Banking, Housing, and Urban Af- 12 fairs of the Senate; and 13 (3) the Permanent Select Committee on Intel- 14 ligence and the Committee on Financial Services of 15 the House of Representatives. 16 SEC. 208. BRIEFING TO FULFILL UNITED STATES-UKRAINE 17 STRATEGIC DIALOGUE OBJECTIVES. 18 (a) IN GENERAL.—Not later than 90 days after the 19 date of the enactment of this Act, the Secretary of State 20 shall provide to the appropriate congressional committees 21 a briefing on efforts to deepen ties with Ukraine and fully 22 implement the objectives outlined in the United States- 23 Ukraine Charter on Strategic Partnership, signed by Sec- 24
  • 33. 33 ROS22028 NP3 S.L.C. retary of State Antony Blinken and Ukrainian Foreign 1 Minister Dmytro Kuleba on November 10, 2021. 2 (b) ELEMENTS.—The briefing required by subsection 3 (a) shall include the following: 4 (1) A plan to bolster support for Ukraine’s sov- 5 ereignty, independence, territorial integrity, and in- 6 violability of borders, including plans for high-level 7 representation and robust participation in Ukraine’s 8 Crimea Platform. 9 (2) A plan to highlight human rights abuses by 10 the Government of the Russian Federation in 11 Ukrainian territory, which shall include mechanisms 12 to draw attention to persecuted minorities and polit- 13 ical prisoners in Crimea and the Donbas. 14 (3) An assessment of humanitarian assistance 15 needs for those affected or displaced by the war in 16 Donbas. 17 (4) A plan to support democracy and the rule 18 of law in Ukraine, which shall include efforts to 19 build on progress made on the establishment of anti- 20 corruption institutions, land reform, local govern- 21 ance, and digitalization. 22
  • 34. 34 ROS22028 NP3 S.L.C. TITLE III—DETERRENCE MEAS- 1 URES AGAINST FURTHER 2 MILITARY ESCALATION AND 3 AGGRESSION BY THE RUS- 4 SIAN FEDERATION WITH RE- 5 SPECT TO UKRAINE 6 SEC. 301. DEFINITIONS. 7 In this title: 8 (1) ADMISSION; ADMITTED; ALIEN.—The terms 9 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 10 meanings given those terms in section 101 of the 11 Immigration and Nationality Act (8 U.S.C. 1101). 12 (2) APPROPRIATE COMMITTEES OF CON- 13 GRESS.—The term ‘‘appropriate committees of Con- 14 gress’’ means— 15 (A) the Committee on Foreign Relations 16 and the Committee on Banking, Housing, and 17 Urban Affairs of the Senate; and 18 (B) the Committee on Foreign Affairs and 19 the Committee on Financial Services of the 20 House of Representatives. 21 (3) FINANCIAL INSTITUTION.—The term ‘‘fi- 22 nancial institution’’ means a financial institution 23 specified in subparagraph (A), (B), (C), (D), (E), 24
  • 35. 35 ROS22028 NP3 S.L.C. (F), (G), (H), (I), (J), (M), or (Y) of section 1 5312(a)(2) of title 31, United States Code. 2 (4) FOREIGN FINANCIAL INSTITUTION.—The 3 term ‘‘foreign financial institution’’ has the meaning 4 given that term in regulations prescribed by the Sec- 5 retary of the Treasury. 6 (5) FOREIGN PERSON.—The term ‘‘foreign per- 7 son’’ means an individual or entity that is not a 8 United States person. 9 (6) KNOWINGLY.—The term ‘‘knowingly’’ with 10 respect to conduct, a circumstance, or a result, 11 means that a person had actual knowledge, or 12 should have known, of the conduct, the cir- 13 cumstance, or the result. 14 (7) UNITED STATES PERSON.—The term 15 ‘‘United States person’’ means— 16 (A) a United States citizen or an alien law- 17 fully admitted for permanent residence to the 18 United States; or 19 (B) an entity organized under the laws of 20 the United States or any jurisdiction within the 21 United States, including a foreign branch of 22 such an entity. 23
  • 36. 36 ROS22028 NP3 S.L.C. SEC. 302. DETERMINATION WITH RESPECT TO OPERATIONS 1 OF THE RUSSIAN FEDERATION IN UKRAINE. 2 (a) IN GENERAL.—The President shall determine, at 3 such times as are required under subsection (b), wheth- 4 er— 5 (1) the Government of the Russian Federation, 6 including through any of its proxies, is engaged in 7 or knowingly supporting a significant escalation in 8 hostilities or hostile action in or against Ukraine, 9 compared to the level of hostilities or hostile action 10 in or against Ukraine prior to December 1, 2021; 11 and 12 (2) if so, whether such escalation has the aim 13 or effect of undermining, overthrowing, or disman- 14 tling the Government of Ukraine, occupying the ter- 15 ritory of Ukraine, or interfering with the sovereignty 16 or territorial integrity of Ukraine. 17 (b) TIMING OF DETERMINATIONS.—The President 18 shall make the determination described in subsection (a)— 19 (1) not later than 15 days after the date of the 20 enactment of this Act; 21 (2) after the first determination under para- 22 graph (1), every 90 days (or more frequently as war- 23 ranted) during the one-year period beginning on 24 such date of enactment; and 25
  • 37. 37 ROS22028 NP3 S.L.C. (3) after the end of that one-year period, every 1 120 days. 2 (c) REPORT REQUIRED.—Upon making a determina- 3 tion under this section, the President shall submit to the 4 appropriate committees of Congress, the Committee on 5 Armed Services of the Senate, and the Committee on 6 Armed Services of the House of Representatives, a report 7 on the determination. 8 SEC. 303. IMPOSITION OF SANCTIONS WITH RESPECT TO 9 OFFICIALS OF THE GOVERNMENT OF THE 10 RUSSIAN FEDERATION RELATING TO OPER- 11 ATIONS IN UKRAINE. 12 (a) IN GENERAL.—Upon making an affirmative de- 13 termination under section 302 and not later than 60 days 14 following such a determination, the President shall impose 15 the sanctions described in section 310 with respect to each 16 of the officials specified in subsection (b). 17 (b) OFFICIALS SPECIFIED.—The officials specified in 18 this subsection are the following: 19 (1) The President of the Russian Federation. 20 (2) The Prime Minister of the Russian Federa- 21 tion. 22 (3) The Foreign Minister of the Russian Fed- 23 eration. 24
  • 38. 38 ROS22028 NP3 S.L.C. (4) The Minister of Defense of the Russian 1 Federation. 2 (5) The Chief of the General Staff of the 3 Armed Forces of the Russian Federation. 4 (6) The Commander-in-Chief of the Land 5 Forces of the Russian Federation. 6 (7) The Commander-in-Chief of the Aerospace 7 Forces of the Russian Federation. 8 (8) The Commander of the Airborne Forces of 9 the Russian Federation. 10 (9) The Commander-in-Chief of the Navy of the 11 Russian Federation. 12 (10) The Commander of the Strategic Rocket 13 Forces of the Russian Federation. 14 (11) The Commander of the Special Operations 15 Forces of the Russian Federation. 16 (12) The Commander of Logistical Support of 17 the Armed Forces of the Russian Federation. 18 (c) ADDITIONAL OFFICIALS.— 19 (1) LIST REQUIRED.—Not later than 30 days 20 after making an affirmative determination under 21 section 302 and every 90 days thereafter, the Presi- 22 dent shall submit to the appropriate committees of 23 Congress a list of foreign persons that the President 24 determines— 25
  • 39. 39 ROS22028 NP3 S.L.C. (A) are— 1 (i) senior officials of any branch of 2 the armed forces of the Russian Federa- 3 tion leading any of the operations de- 4 scribed in section 302; or 5 (ii) senior officials of the Government 6 of the Russian Federation, including any 7 intelligence agencies or security services of 8 the Russian Federation, with significant 9 roles in planning or implementing such op- 10 erations; and 11 (B) with respect to which sanctions should 12 be imposed in the interest of the national secu- 13 rity of the United States. 14 (2) IMPOSITION OF SANCTIONS.—Upon the sub- 15 mission of each list required by paragraph (1), the 16 President shall impose the sanctions described in 17 section 310 with respect to each foreign person on 18 the list. 19 SEC. 304. IMPOSITION OF SANCTIONS WITH RESPECT TO 20 RUSSIAN FINANCIAL INSTITUTIONS. 21 (a) IMPOSITION OF SANCTIONS.— 22 (1) IN GENERAL.—Upon making an affirmative 23 determination under section 302 and not later than 24 30 days following such a determination, the Presi- 25
  • 40. 40 ROS22028 NP3 S.L.C. dent shall impose the sanctions described in section 1 310(a)(1) with respect to 3 or more of the following 2 financial institutions: 3 (A) Sberbank. 4 (B) VTB. 5 (C) Gazprombank. 6 (D) VEB.RF. 7 (E) The Russian Direct Investment Fund. 8 (F) Credit Bank of Moscow. 9 (G) Alfa Bank. 10 (H) Rosselkhozbank. 11 (I) FC Bank Otkritie. 12 (J) Promsvyazbank. 13 (K) Sovcombank. 14 (L) Transkapitalbank. 15 (2) SUBSIDIARIES AND SUCCESSOR ENTITIES.— 16 The President may impose the sanctions described 17 in section 310(a)(1) with respect to any subsidiary 18 of, or successor entity to, a financial institution 19 specified in paragraph (1). 20 (b) ADDITIONAL RUSSIAN FINANCIAL INSTITU- 21 TIONS.— 22 (1) LIST REQUIRED.—Not later than 30 days 23 after making an affirmative determination under 24 section 302, and every 90 days thereafter, the Presi- 25
  • 41. 41 ROS22028 NP3 S.L.C. dent shall submit to the appropriate committees of 1 Congress a list of foreign persons that the President 2 determines— 3 (A) are significant financial institutions 4 owned or operated by the Government of the 5 Russian Federation; and 6 (B) should be sanctioned in the interest of 7 United States national security. 8 (2) IMPOSITION OF SANCTIONS.—Upon the sub- 9 mission of each list required by paragraph (1), the 10 President shall impose the sanctions described in 11 section 310(a)(1) with respect to each foreign person 12 identified on the list. 13 SEC. 305. IMPOSITION OF SANCTIONS WITH RESPECT TO 14 PROVISION OF SPECIALIZED FINANCIAL MES- 15 SAGING SERVICES TO SANCTIONED RUSSIAN 16 FINANCIAL INSTITUTIONS. 17 (a) LIST OF PROVIDERS OF SPECIALIZED FINANCIAL 18 MESSAGING SERVICES TO RUSSIAN FINANCIAL INSTITU- 19 TIONS.—Not later than 60 days after making an affirma- 20 tive determination under section 302, and not later than 21 30 days after the submission of any list of Russian finan- 22 cial institutions under section 304(b)(1), the Secretary of 23 State, in consultation with the Secretary of the Treasury, 24 shall submit to the appropriate committees of Congress 25
  • 42. 42 ROS22028 NP3 S.L.C. a list of all known persons that provide specialized finan- 1 cial messaging services to, or that enable or facilitate ac- 2 cess to such services for, any financial institution specified 3 in subsection (a) of section 304 or on the list required 4 by subsection (b) of that section. 5 (b) REPORT ON EFFORTS TO TERMINATE THE PRO- 6 VISION OF SPECIALIZED FINANCIAL MESSAGING SERV- 7 ICES FOR SANCTIONED RUSSIAN FINANCIAL INSTITU- 8 TIONS.—Not later than 90 days after the imposition of 9 any sanctions under section 304, and every 30 days there- 10 after as necessary, the Secretary of State, in consultation 11 with the Secretary of the Treasury, shall submit to the 12 appropriate committees of Congress a report that— 13 (1) describes the status of efforts to ensure that 14 the termination of the provision of specialized finan- 15 cial messaging services to, and the enabling and fa- 16 cilitation of access to such services for, any financial 17 institution with respect to which sanctions are im- 18 posed under section 304; and 19 (2) identifies any other provider of specialized 20 financial messaging services that continues to pro- 21 vide messaging services to, or enables or facilitates 22 access to such services for, any such financial insti- 23 tution. 24
  • 43. 43 ROS22028 NP3 S.L.C. (c) AUTHORIZATION FOR THE IMPOSITION OF SANC- 1 TIONS.—If, on or after the date that is 90 days after the 2 imposition of any sanctions under section 304, a provider 3 of financial specialized financial messaging services con- 4 tinues to knowingly provide specialized financial mes- 5 saging services to, or knowingly enable or facilitate direct 6 or indirect access to such messaging services for, any fi- 7 nancial institution with respect to which sanctions are im- 8 posed under section 304, the President may impose sanc- 9 tions pursuant to that section or the International Emer- 10 gency Economic Powers Act (50 U.S.C. 1701 et seq.) with 11 respect to that provider. 12 (d) ENABLING OR FACILITATION OF ACCESS TO SPE- 13 CIALIZED FINANCIAL MESSAGING SERVICES THROUGH 14 INTERMEDIARY FINANCIAL INSTITUTIONS.—For purposes 15 of this section, enabling or facilitating direct or indirect 16 access to specialized financial messaging services includes 17 doing so by serving as an intermediary financial institu- 18 tion with access to such messaging services. 19 (e) FORM OF LISTS AND REPORTS.—Each list re- 20 quired by subsection (a) and each report required by sub- 21 section (b) shall be submitted in unclassified form, but 22 may include a classified annex. 23
  • 44. 44 ROS22028 NP3 S.L.C. SEC. 306. PROHIBITION ON AND IMPOSITION OF SANC- 1 TIONS WITH RESPECT TO TRANSACTIONS IN- 2 VOLVING RUSSIAN SOVEREIGN DEBT. 3 (a) PROHIBITION ON TRANSACTIONS.—Upon making 4 an affirmative determination under section 302 and not 5 later than 30 days following such a determination, the 6 President shall prohibit all transactions by United States 7 persons involving the sovereign debt of the Government 8 of the Russian Federation issued on or after the date of 9 the enactment of this Act, including governmental bonds. 10 (b) IMPOSITION OF SANCTIONS WITH RESPECT TO 11 STATE-OWNED ENTERPRISES.— 12 (1) IN GENERAL.—Not later than 60 days after 13 making an affirmative determination under section 14 302, the President shall identify and impose the 15 sanctions described in section 310 with respect to 16 foreign persons that the President determines en- 17 gage in transactions involving the debt— 18 (A) of not less than 10 entities owned or 19 controlled by the Government of the Russian 20 Federation; and 21 (B) that is not subject to any other sanc- 22 tions imposed by the United States. 23 (2) APPLICABILITY.—Sanctions imposed under 24 paragraph (1) shall apply with respect to debt of an 25 entity described in subparagraph (A) of that para- 26
  • 45. 45 ROS22028 NP3 S.L.C. graph that is issued after the date that is 90 days 1 after the President makes an affirmative determina- 2 tion under section 302. 3 (c) LIST; IMPOSITION OF SANCTIONS.—Not later 4 than 30 days after making an affirmative determination 5 under section 302, and every 90 days thereafter, the Presi- 6 dent shall— 7 (1) submit to the appropriate committees of 8 Congress a list of foreign persons that the President 9 determines are engaged in transactions described in 10 subsection (a); and 11 (2) impose the sanctions described in section 12 310 with respect to each such person. 13 SEC. 307. DEPARTMENT OF STATE REVIEW OF SANCTIONS 14 WITH RESPECT TO NORD STREAM 2. 15 (a) SENSE OF CONGRESS.—It is the sense of Con- 16 gress that— 17 (1) the Nord Stream 2 pipeline is a tool of ma- 18 lign influence of the Russian Federation and if it be- 19 comes operational, it will embolden the Russian Fed- 20 eration to further pressure and destabilize Ukraine; 21 and 22 (2) the United States should consider all avail- 23 able and appropriate measures to prevent the Nord 24 Stream 2 pipeline from becoming operational, in- 25
  • 46. 46 ROS22028 NP3 S.L.C. cluding through sanctions with respect to entities 1 and individuals responsible for planning, con- 2 structing, or operating the pipeline, and through 3 diplomatic efforts. 4 (b) DEPARTMENT OF STATE REVIEW OF SANCTIONS 5 ON NORD STREAM 2.—Not later than 30 days after the 6 date of the enactment of this Act, the Secretary of State 7 shall review whether the May 19, 2021, waiver regarding 8 sanctions with respect to Nord Stream 2 AG and the chief 9 executive officer of Nord Stream 2 AG remains in the best 10 interest of United States national security, especially in 11 light of the Russian Federation’s military build-up along 12 the border of Ukraine. 13 SEC. 308. IMPOSITION OF SANCTIONS WITH RESPECT TO 14 NORD STREAM 2. 15 Upon making an affirmative determination under 16 section 302 and not later than 30 days following such a 17 determination, the President shall impose the sanctions 18 described in section 310 with respect to a foreign person 19 that is— 20 (1) any entity established for or responsible for 21 the planning, construction, or operation of the Nord 22 Stream 2 pipeline or a successor entity; and 23 (2) any corporate officer of an entity described 24 in paragraph (1). 25
  • 47. 47 ROS22028 NP3 S.L.C. SEC. 309. IMPOSITION OF SANCTIONS WITH RESPECT TO 1 RUSSIAN EXTRACTIVE INDUSTRIES. 2 (a) IDENTIFICATION.—Not later than 60 days after 3 making an affirmative determination under section 302, 4 the President shall identify foreign persons in any of the 5 sectors or industries described in subsection (b) that the 6 President determines should be sanctioned in the interest 7 of United States national security. 8 (b) SECTORS AND INDUSTRIES DESCRIBED.—The 9 sectors and industries described in this subsection are the 10 following: 11 (1) Oil and gas extraction and production. 12 (2) Coal extraction, mining, and production. 13 (3) Minerals extraction and processing. 14 (4) Any other sector or industry with respect to 15 which the President determines the imposition of 16 sanctions is in the United States national security 17 interest. 18 (c) LIST; IMPOSITION OF SANCTIONS.—Not later 19 than 90 days after making an affirmative determination 20 under section 302, the President shall— 21 (1) submit to the appropriate committees of 22 Congress a list of the persons identified under sub- 23 section (a); and 24 (2) impose the sanctions described in section 25 310 with respect to each such person. 26
  • 48. 48 ROS22028 NP3 S.L.C. SEC. 310. SANCTIONS DESCRIBED. 1 The sanctions to be imposed with respect to a foreign 2 person under this title are the following: 3 (1) PROPERTY BLOCKING.—The President shall 4 exercise all of the powers granted by the Inter- 5 national Emergency Economic Powers Act (50 6 U.S.C. 1701 et seq.) to the extent necessary to block 7 and prohibit all transactions in all property and in- 8 terests in property of the foreign person if such 9 property and interests in property are in the United 10 States, come within the United States, or are or 11 come within the possession or control of a United 12 States person. 13 (2) ALIENS INADMISSIBLE FOR VISAS, ADMIS- 14 SION, OR PAROLE.— 15 (A) VISAS, ADMISSION, OR PAROLE.—In 16 the case of an alien, the alien is— 17 (i) inadmissible to the United States; 18 (ii) ineligible to receive a visa or other 19 documentation to enter the United States; 20 and 21 (iii) otherwise ineligible to be admitted 22 or paroled into the United States or to re- 23 ceive any other benefit under the Immigra- 24 tion and Nationality Act (8 U.S.C. 1101 et 25 seq.). 26
  • 49. 49 ROS22028 NP3 S.L.C. (B) CURRENT VISAS REVOKED.— 1 (i) IN GENERAL.—The visa or other 2 entry documentation of an alien described 3 in subparagraph (A) shall be revoked, re- 4 gardless of when such visa or other entry 5 documentation is or was issued. 6 (ii) IMMEDIATE EFFECT.—A revoca- 7 tion under clause (i) shall— 8 (I) take effect immediately; and 9 (II) automatically cancel any 10 other valid visa or entry documenta- 11 tion that is in the alien’s possession. 12 SEC. 311. IMPLEMENTATION; REGULATIONS; PENALTIES. 13 (a) IMPLEMENTATION.—The President may exercise 14 all authorities provided to the President under sections 15 203 and 205 of the International Emergency Economic 16 Powers Act (50 U.S.C. 1702 and 1704) to carry out this 17 title. 18 (b) REGULATIONS.—The President shall issue such 19 regulations, licenses, and orders as are necessary to carry 20 out this title. 21 (c) PENALTIES.—A person that violates, attempts to 22 violate, conspires to violate, or causes a violation of this 23 Act or any regulation, license, or order issued to carry out 24 this title shall be subject to the penalties set forth in sub- 25
  • 50. 50 ROS22028 NP3 S.L.C. sections (b) and (c) of section 206 of the International 1 Emergency Economic Powers Act (50 U.S.C. 1705) to the 2 same extent as a person that commits an unlawful act de- 3 scribed in subsection (a) of that section. 4 SEC. 312. EXCEPTIONS; WAIVER. 5 (a) EXCEPTIONS.— 6 (1) EXCEPTION FOR INTELLIGENCE ACTIVI- 7 TIES.—This title shall not apply with respect to ac- 8 tivities subject to the reporting requirements under 9 title V of the National Security Act of 1947 (50 10 U.S.C. 3091 et seq.) or any authorized intelligence 11 activities of the United States. 12 (2) EXCEPTION FOR COMPLIANCE WITH INTER- 13 NATIONAL OBLIGATIONS AND LAW ENFORCEMENT 14 ACTIVITIES.—Sanctions under this title shall not 15 apply with respect to an alien if admitting or parol- 16 ing the alien into the United States is necessary— 17 (A) to permit the United States to comply 18 with the Agreement regarding the Head- 19 quarters of the United Nations, signed at Lake 20 Success on June 26, 1947, and entered into 21 force November 21, 1947, between the United 22 Nations and the United States, or other appli- 23 cable international obligations of the United 24 States; or 25
  • 51. 51 ROS22028 NP3 S.L.C. (B) to carry out or assist law enforcement 1 activity in the United States. 2 (b) NATIONAL SECURITY WAIVER.—The President 3 may waive the imposition of sanctions under this title with 4 respect to a person if the President— 5 (1) determines that such a waiver is in the na- 6 tional security interests of the United States; and 7 (2) submits to the appropriate committees of 8 Congress a notification of the waiver and the rea- 9 sons for the waiver. 10 SEC. 313. TERMINATION. 11 The President may terminate the sanctions imposed 12 under this title after determining and certifying to the ap- 13 propriate committees of Congress that the Government of 14 the Russian Federation has— 15 (1) verifiably withdrawn all of its forces from 16 Ukrainian territory that was not occupied or subject 17 to control by forces or proxies of the Government of 18 the Russian Federation prior to December 1, 2021; 19 (2) ceased supporting proxies in Ukrainian ter- 20 ritory described in paragraph (1); and 21 (3) entered into an agreed settlement with a le- 22 gitimate democratic government of Ukraine. 23
  • 52. 52 ROS22028 NP3 S.L.C. TITLE IV—GENERAL 1 PROVISIONS 2 SEC. 401. SUNSET. 3 (a) TITLES I AND II.—The provisions of titles I and 4 II shall terminate on the date that is 5 years after the 5 date of the enactment of this Act. 6 (b) TITLE III.—The provisions of title III shall ter- 7 minate on the date that is 3 years after the date of the 8 enactment of this Act. 9 SEC. 402. EXCEPTION RELATING TO IMPORTATION OF 10 GOODS. 11 (a) IN GENERAL.—Notwithstanding any other provi- 12 sion of this Act, the authority or a requirement to impose 13 sanctions under this Act shall not include the authority 14 or a requirement to impose sanctions on the importation 15 of goods. 16 (b) GOOD DEFINED.—In this section, the term 17 ‘‘good’’ means any article, natural or manmade substance, 18 material, supply, or manufactured product, including in- 19 spection and test equipment, and excluding technical data. 20