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S. 3652: Never Yielding Europe’s Territory (NYET) Act of 2022


The text of the bill below is as of Feb 15, 2022 (Introduced).


II

117th CONGRESS

2d Session

S. 3652

IN THE SENATE OF THE UNITED STATES

February 15, 2022

(for himself, Mr. Toomey, Mr. Inhofe, Mr. Cruz, Mr. Rubio, Mr. Graham, Mr. Portman, Mr. Barrasso, Mr. Tillis, Mr. Wicker, Mr. Lankford, Ms. Collins, Mr. Cramer, Mr. Young, Mrs. Blackburn, Ms. Ernst, Mr. Cassidy, Mr. Cornyn, Mrs. Capito, Mr. Kennedy, Mr. Boozman, Mrs. Fischer, Mr. Crapo, Mr. Romney, Mr. Johnson, Mr. Marshall, Ms. Lummis, Mr. Tuberville, Mr. Burr, Mr. Sullivan, Mr. Blunt, Mr. Thune, Mr. Rounds, Mr. Grassley, and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

A BILL

To counter the aggression of the Russian Federation against Ukraine and Eastern European allies, to expedite security assistance to Ukraine to bolster Ukraine’s defense capabilities, and to impose sanctions relating to the actions of the Russian Federation with respect to Ukraine, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Never Yielding Europe’s Territory (NYET) Act of 2022.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Sense of Congress.

Sec. 4. Statement of policy on European security.

Sec. 5. Statement of policy on United States import 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. Presidential drawdown authority.

Sec. 104. Foreign Military Financing for Ukraine.

Sec. 105. Authority to provide assistance for the defense of Ukraine.

Sec. 106. Enhancing efforts to counter Kremlin disinformation.

Sec. 107. Emergency appropriations for the Countering Russian Influence Fund.

Sec. 108. Temporary waiver of reimbursement costs for leased defense articles.

Sec. 109. Ukraine Democracy Defense Lend-Lease Act of 2022.

Sec. 110. Temporary expedited congressional review of arms sales to Ukraine.

Sec. 111. International military education and training cooperation with Ukraine.

Sec. 112. Strategy on international military education and training programming in Ukraine.

Sec. 113. Loan authority for Ukraine.

Sec. 114. Extension and modification of limitation on military cooperation between the United States and the Russian Federation.

Sec. 115. Reports on security assistance and provision of defense articles to Armed Forces of Ukraine.

Sec. 116. Report on Russian chemical and biological activities in Ukraine.

Sec. 117. Report on policies and procedures governing support for Ukraine.

TITLE II—Countering Kremlin malign influence and aggression in Europe

Sec. 201. Authorization of appropriations for Foreign Military Financing grant assistance to European allies and partners.

Sec. 202. Boost European Deterrence Initiative (EDI), including funding for military exercises.

Sec. 203. Bolstering Ukraine’s cyber defense and resiliency capabilities.

Sec. 204. Expanded broadcasting in countries of the former Soviet Union to combat Russian disinformation and information operations.

Sec. 205. Report on role of intelligence and security services of the Russian Federation in efforts to undermine the independence and integrity of Ukraine.

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. Report on diplomatic and military impact of Russian military aggression in Ukraine on European security.

Sec. 209. Energy security cooperation with allied partners in Europe.

TITLE III—Measures to deter current and escalated aggression against Ukraine by the Russian Federation

Sec. 301. Definitions.

Subtitle A—Sanctions To deter aggression against Ukraine by the Russian Federation

Sec. 311. Imposition of sanctions with respect to senior Russian defense officials related to the build-up of Russian Armed Forces along Ukraine’s border.

Sec. 312. Imposition of sanctions with respect to Nord Stream 2.

Sec. 313. Imposition of sanctions with respect to foreign persons contributing to the destabilization of Ukraine or malicious cyber activities against Ukraine.

Sec. 314. Imposition of sanctions with respect to facilitating transactions for the Russian Armed Forces.

Sec. 315. Imposition of sanctions with respect to entities on the CAATSA section 231(e) list.

Subtitle B—Sanctions and other measures in response to escalation of aggression against Ukraine by the Russian Federation

Sec. 321. Determination with respect to operations of the Russian Federation in Ukraine.

Sec. 322. Imposition of sanctions with respect to Nord Stream 2.

Sec. 323. Imposition of sanctions with respect to Russian financial institutions.

Sec. 324. Imposition of sanctions with respect to Russian oligarchs and members of Putin’s inner circle.

Sec. 325. Imposition of sanctions with respect to officials of the Government of the Russian Federation relating to operations in Ukraine.

Sec. 326. Prohibition on and imposition of sanctions with respect to transactions involving Russian sovereign debt.

Sec. 327. Imposition of sanctions with respect to Russian extractive industries.

Sec. 328. Imposition of sanctions with respect to Belarus related to the build-up of Russian Armed Forces along Ukraine’s border.

Sec. 329. Prohibition on investment in occupied Ukrainian territory.

Subtitle C—Other matters

Sec. 341. Reports on limitation on exemption from registration under the Foreign Agents Registration Act of 1938, as amended, for persons filing disclosure reports under the Lobbying Disclosure Act of 1995 who are acting on behalf of Russian entities.

Subtitle D—General provisions

Sec. 351. Sanctions described.

Sec. 352. Implementation; regulations; penalties.

Sec. 353. Exceptions; waiver.

Sec. 354. Termination.

TITLE IV—Humanitarian assistance to Ukraine

Sec. 401. Humanitarian assistance to Ukraine.

Sec. 402. Limitations on humanitarian assistance.

TITLE V—General provisions

Sec. 501. Sunset.

Sec. 502. Exception relating to importation of goods.

Sec. 503. Prohibition of funds.

2.

Definitions

In this Act:

(1)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(2)

Defense article; defense service

The terms defense article and defense service have the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).

3.

Sense of Congress

It is the sense of Congress that—

(1)

it is in the national security interests of the United States—

(A)

to continue and deepen the security partnership between the United States and Ukraine; and

(B)

to support Ukraine’s sovereignty and territorial integrity;

(2)

aggression and malign influence by the Government of the Russian Federation and its proxies in Ukraine are a threat to the democratic sovereignty of Ukraine and the lives and livelihoods of its people;

(3)

the increase in Russian Federation troops, armor, artillery, and associated military equipment on Ukraine’s border that began in October 2021—

(A)

threatens the safety, security, financial stability, and sovereignty of Ukraine;

(B)

is destabilizing to the security of the entire European continent; and

(C)

may presage an invasion of Ukraine by the Russian Federation, an event that would be Russia’s second invasion of Ukraine since 2014;

(4)

the United States, in coordination with the European Union, the North Atlantic Treaty Organization (NATO), and members of the international community, should—

(A)

support the territorial integrity of Ukraine; and

(B)

take action to oppose any effort by the Government of the Russian Federation to further encroach on Ukraine’s territory and independence;

(5)

any concession made by the United States and NATO to the demands of the Government of the Russian Federation regarding NATO membership or expansion is antithetical to the North Atlantic Treaty and the commitments at the core of the liberal democratic order;

(6)

economic and financial sanctions, when used as part of a coordinated and comprehensive strategy, are a powerful tool to advance United States foreign policy and national security interests; and

(7)

the United States, in coordination with allies and partners of the United States, should impose substantial new sanctions in response to each act of aggression by the Government of the Russian Federation or its proxies, and to their full extent in the event of escalatory military operations or other destabilizing aggression against Ukraine.

4.

Statement of policy on European security

It is the policy of the United States—

(1)

to support the territorial integrity of Ukraine and other countries against aggression by the Government of the Russian Federation or its proxies;

(2)

to ensure the swift and ongoing provision to Ukraine of lethal and nonlethal security assistance, including surface-to-air missiles, air defense systems, anti-ship missiles, and anti-tank capabilities, on an expedited basis through the Foreign Military Financing program, loan programs, excess defense articles, and the lending or leasing of military equipment;

(3)

to build the resilience of Ukraine’s military defenses and bolster Ukraine’s ability to defend against aggression by the Government of the Russian Federation by increasing International Military Education Training, improving interoperability with NATO forces, and engaging in critical areas, including air, sea, and cyber defense;

(4)

to declassify or downgrade United States intelligence on Russian malign activities in Ukraine, Belarus, and the Baltic and Black Sea nations, kinetic or non-kinetic, to the maximum extent possible, and to enable and encourage dissemination of this information to United States allies and partners and to the American public;

(5)

to support efforts to improve Ukraine’s cybersecurity capacity and strengthen its ability to detect, investigate, disrupt, and deter cyberattacks by strengthening cybersecurity policy, enhancing technical infrastructure, supporting cybersecurity education and training, and helping Ukraine engage with international cybersecurity frameworks and organizations;

(6)

to counter Russian propaganda and disinformation about Ukraine and support unrestricted, independent news and reporting for audiences on the periphery of the Russian Federation, including by increasing support for Radio Free Europe/Radio Liberty;

(7)

to further enhance security cooperation and engagement with regional partners, including those in the Black Sea region and the Baltic States, to strengthen Ukrainian and regional security;

(8)

to work closely with NATO allies, particularly allies that share a border with the Russian Federation, on any matters related to European security;

(9)

to reduce the dependence of allies and partners of the United States on energy resources that originate in the Russian Federation in order for such countries to achieve lasting and dependable energy security, including by increasing access to diverse, reliable, and affordable energy;

(10)

to condemn the Government of the Russian Federation for, and to deter such government from, using its energy resources as a geopolitical weapon to coerce, intimidate, and influence other countries;

(11)

to formulate a rapid and comprehensive response to any humanitarian crisis inflicted upon the people of Ukraine as a result of Russian aggression, including mechanisms for emergency response, observation and monitoring of abuses, and justice and accountability, including through the Organization for Security and Co-operation in Europe; and

(12)

to remain committed to a strong and unified NATO and to not cede to the demands of the Government of the Russian Federation regarding NATO force posture and membership.

5.

Statement of policy on United States import policy

It is the policy of the United States—

(1)

to protect United States domestic fisheries and seafood producers by addressing the unrestricted importation of seafood products to the United States from the Russian Federation, while an embargo currently prohibits the importation of food and agricultural products from the United States and its allies to the Russian Federation; and

(2)

to utilize existing authorities to prohibit the importation into the United States from the Russian Federation of any seafood of Russian origin until the Government of the Russian Federation has terminated its prohibition on the importation of seafood products from the United States.

I

Expediting security assistance to Ukraine and bolstering Ukraine’s defense capabilities

101.

Prioritizing delivery of excess defense articles to Ukraine

(a)

In general

During fiscal years 2022 through 2023, the delivery of excess defense articles to Ukraine should be given the same priority as that given other countries and regions under section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)).

(b)

Notification

Notwithstanding section 516(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)), during fiscal years 2022 through 2023, the delivery of excess defense articles to Ukraine shall be subject to a 15-day notification requirement, unless, in the event of a notification under section 516(f)(1), the President certifies to the appropriate congressional committees that an emergency exists that necessitates the immediate transfer of the article. If the President states in his notice that an emergency exists which requires the proposed transfer in the national security interest of the United States, thus waiving the congressional review requirements of this subsection, the President shall set forth in the notification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate issuance of the letter of offer and a discussion of the national security interests involved.

102.

Use of Department of Defense lease authority and Special Defense Acquisition Fund to support Ukraine

(a)

Use of special defense acquisition fund

The Secretary of Defense, in consultation with the Secretary of State, may utilize, to the maximum extent possible, the Special Defense Acquisition Fund established under section 51 of the Arms Export Control Act (22 U.S.C. 2795) to expedite the procurement and delivery of defense articles and defense services for the purpose of assisting and supporting the Armed Forces of Ukraine.

(b)

Use of lease authority

The Secretary of Defense, in consultation with the Secretary of State, may utilize, to the maximum extent possible, its lease authority, including with respect to no-cost leases, to provide defense articles to Ukraine for the purpose of assisting and supporting the Armed Forces of Ukraine.

103.

Presidential drawdown authority

(a)

In general

Notwithstanding any other provision of law, out of amounts in the Treasury not otherwise appropriated, $400,000,000 shall be available in the drawdown authority under section 506(a)(1) of the Foreign Assistance Act (22 U.S.C. 2318(a)) for fiscal year 2022.

(b)

Priority

The Secretary of Defense shall direct the military services to make available equipment under this authority to the maximum extent possible.

104.

Foreign Military Financing for Ukraine

(a)

Sense of Congress

It is the sense of Congress that—

(1)

the provision of security assistance to Ukraine is one of the most efficient and effective mechanisms for supporting Ukraine and ensuring that it can defend against aggression by the Russian Federation;

(2)

in light of the military build-up by the Government of the Russian Federation, the United States, working with allies and partners, should work to expedite the provision of defense articles and other security assistance to Ukraine and prioritize and facilitate assistance to respond to the most urgent defense needs of the Armed Forces of Ukraine; and

(3)

the United States should ensure adequate planning for maintenance for any equipment provided to Ukraine.

(b)

Emergency appropriation

(1)

In general

There is appropriated, out of any money in the Treasury not otherwise appropriated, $250,000,000 to the Secretary of State for fiscal year 2022 for Foreign Military Financing assistance to Ukraine. Of the amount so appropriated, not less than $100,000,000 shall be used for the purpose of providing lethal assistance, including efforts to meet Ukraine’s priority defense needs including air defense, anti-ship, and anti-armor capabilities, as well as non-standard munitions and ammunition compatible with existing Ukrainian systems.

(2)

Emergency designation

(A)

In general

The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

(B)

Designation in House and Senate

This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.

(c)

Authorization of additional emergency supplemental appropriations

There is authorized to be appropriated, in addition to the amount appropriated by subsection (b), $250,000,000 as an authorization of emergency supplemental appropriations for the Department of State for Foreign Military Financing assistance for fiscal year 2022. If $250,000,000 is not appropriated in fiscal year 2022, the remaining balance is authorized to be appropriated in subsequent fiscal years in accordance with Foreign Military Finance budget procedures.

(d)

Notice to Congress

Not later than 15 days before providing assistance or support pursuant to this section, the Secretary of State shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notification containing the following:

(1)

A detailed description of the assistance or support to be provided, including—

(A)

the objectives of such assistance or support;

(B)

the budget for such assistance or support; and

(C)

the expected or estimated timeline for delivery of such assistance or support.

(2)

A description of such other matters as the Secretary considers appropriate.

(e)

Authority To provide lethal assistance

The Secretary of State is authorized to provide lethal assistance under this section, including anti-armor weapon systems, mortars, crew-served weapons and ammunition, grenade launchers and ammunition, anti-tank weapons systems, anti-ship weapons systems, anti-aircraft weapons systems, and small arms and ammunition.

105.

Authority to provide assistance for the defense of Ukraine

(a)

Statement of policy

In the event of an invasion of Ukraine by the Government of the Russian Federation, it is in the interests of the United States to continue to support the Ukrainian people in their resistance against Russian occupation, control, or attack.

(b)

Establishment of Ukraine Resistance Fund

Upon an affirmative determination under section 321, there is established a Ukraine Resistance Fund composed of both Department of Defense and Department of State assistance programs as outlined in subsections (c)(1) and (c)(2).

(c)

Implementation

(1)

Department of Defense post-invasion assistance to Ukraine

(A)

Authority

Upon an affirmative determination under section 321, the Secretary of Defense, in coordination with the Secretary of State, is authorized through fiscal year 2023 to provide assistance, including training, lethal and non-lethal equipment, supplies, and sustainment to the security forces of the Government of Ukraine and appropriately vetted Ukrainian groups and individuals for the purpose of defending the Ukrainian people and the territorial integrity of Ukraine from attacks by the Russian Federation.

(B)

Requirement for plan

The Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees not later than 15 days before providing assistance for the first time under this paragraph a plan for providing such assistance and an identification of the objectives of such assistance, a description of the process to be used to determine recipients of such assistance, and a description of the mechanisms and procedures that will be used to monitor the provision of assistance.

(C)

Quarterly progress report

Not later than 90 days after exercising the authority under subparagraph (A), and every 90 days thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a progress report on assistance provided under such subsection.

(D)

Authority to accept contributions

The Secretary of Defense may accept and retain contributions, including assistance in kind, from foreign governments to provide assistance as authorized by this section. Any funds so accepted by the Secretaries shall be credited to appropriations for the appropriate operation and maintenance accounts.

(E)

Authorization of emergency supplemental appropriations

There is authorized to be appropriated $250,000,000 for each of fiscal years 2022 and 2023 for the Department of Defense for Operation and Maintenance for carrying out activities under subparagraph (A).

(2)

Emergency supplemental appropriations for State Department efforts in support of Ukrainian resistance

(A)

Authority

Upon an affirmative determination under section 321, the funds described in subsection (D) shall be made available to the Secretary of State for the Ukraine Resistance Fund to support Ukrainian resistance against Russian efforts to occupy or subdue territory under the authority of the internationally recognized Government of Ukraine.

(B)

Plan for implementation

The Secretary of State shall submit to the appropriate congressional committees not later than 15 days before providing assistance for the first time under subparagraph (A) a plan for providing such assistance and an identification of the objectives of such assistance, a description of the process to be used to determine recipients of such assistance, and a description of the mechanisms and procedures that will be used to monitor the provision of assistance.

(C)

Quarterly progress report

Not later than 90 days after exercising the authority under subparagraph (A), and every 90 days thereafter, the Secretary of State shall submit to the appropriate committees of Congress, a progress report on assistance provided under such subsection.

(D)

Emergency appropriations

(i)

Appropriations

There is appropriated, out of any money in the Treasury not otherwise appropriated, $220,000,000 to the Secretary of State for fiscal year 2022 for efforts to support Ukrainian resistance against Russian efforts to occupy or subdue territory under the authority of the internationally recognized Government of Ukraine, to remain available until expended.

(ii)

Availability

The amounts appropriated under clause (i) shall be made available as follows:

(I)

$20,000,000 for the Global Engagement Center for efforts to support Ukrainian resistance to Russian aggression, including countering undue political influence, providing political support to the legitimate government of Ukraine, countering Russian disinformation related to its aggression against Ukraine, exposing potential Russian atrocities against the people of Ukraine, and rallying international support for the people of Ukraine.

(II)

$200,000,000 for the Countering Russian Influence Fund for efforts to support Ukrainian resistance to Russian aggression, including logistical, organizational, and operational support for programs pursuant to this section.

(iii)

Emergency designation

(I)

In general

The amounts provided under clause (i) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

(II)

Designation in House and Senate

Clause (i) is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.

(d)

Clarification on the use of force

Nothing in this section may be construed to provide authorization for the use of military force against the Russian Federation.

(e)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means—

(1)

the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and

(2)

the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.

106.

Enhancing efforts to counter Kremlin disinformation

(a)

Emergency appropriations for Global Engagement Center

(1)

Appropriations

There is appropriated, out of any money in the Treasury not otherwise appropriated, $20,000,000 to the Secretary of State for fiscal year 2022 for the Global Engagement Center to counter foreign state- and non-state-sponsored propaganda and disinformation, with priority given to programs and activities in Europe.

(2)

Emergency designation

(A)

In general

The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

(B)

Designation in House and Senate

This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.

(b)

Report required

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that contains—

(A)

a description of efforts to counter and combat disinformation by the Russian Federation with the additional funds provided by this subsection;

(B)

a description of efforts to combat malign influence operations of the Russian Federation aimed at inflaming tensions and dividing Ukrainian society;

(C)

a description of efforts to assist allies and partners in Central and Eastern Europe in exposing and countering Russian malign influence campaigns and operations;

(D)

recommendations to increase support for independent media outlets, including Radio Free Europe/Radio Liberty;

(E)

recommendations to increase support for independent media outlets catering to Russian-speaking populations residing in Russian-occupied Crimea, the Donbas region of Ukraine, and throughout Ukraine; and

(F)

a description of the major Russian narratives in Central and Eastern Europe and an assessment of which narratives have proven most effective in achieving Russian objectives and undermining the influence of the United States.

(c)

Elimination of termination date for the global engagement center

Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2656 note) is amended—

(1)

in subsection (h), by striking the second sentence; and

(2)

by striking subsection (j).

107.

Emergency appropriations for the Countering Russian Influence Fund

(a)

Emergency appropriations

(1)

Appropriations

There is appropriated, out of any money in the Treasury not otherwise appropriated, $200,000,000 to the Secretary of State for fiscal year 2022 for the Countering Russian Influence Fund to provide additional support to Ukraine and Central and Eastern European allies in the wake of aggression by the Russian Federation.

(2)

Emergency designation

(A)

In general

The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

(B)

Designation in House and Senate

This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.

(b)

Report required

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that contains a plan for countering and combating aggression by the Russian Federation with the additional funds provided by this section and supporting Ukraine and Eastern Europe allies to improve their defenses against such aggression.

(2)

Form

The strategy required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary.

108.

Temporary waiver of reimbursement costs for leased defense articles

Notwithstanding section 61(a)(4) of the Arms Export Control Act (22 U.S.C. 2796(a)(4)), the Secretary of State may waive the requirement for reimbursement of all costs, including depreciation, restoration, and replacement costs, for defense articles leased to Ukraine during fiscal year 2022 if the Secretary of State determines that doing so is in the national security interest of the United States.

109.

Ukraine Democracy Defense Lend-Lease Act of 2022

(a)

Short title

This section may be cited as the Ukraine Democracy Defense Lend-Lease Act of 2022.

(b)

Authority To lend or lease defense articles to the Government of Ukraine

(1)

In general

Subject to the provisions of law described in paragraph (2), for fiscal years 2022 and 2023, the President may authorize the United States Government to lend or lease defense articles to the Government of Ukraine to help bolster Ukraine’s defense capabilities and protect its civilian population from potential invasion by the Armed Forces of the Government of the Russian Federation.

(2)

Exclusions

For the purposes of the authority described in paragraph (1), the following provisions of law shall not apply:

(A)

Section 503(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2311(b)(3)).

(B)

Sections 61 and 63 of the Arms Export Control Act (22 U.S.C. 2796, 2796b).

(3)

Waiver of certain report requirements

Congress finds that an emergency exists for purposes of subsection (b) of section 62 of the Arms Export Control Act (22 U.S.C. 2796a), and the requirements of subsection (b) of such section are waived.

(4)

Delegation of authority

The President may delegate the enhanced authority described in paragraph (1) only to an official appointed by the President by and with the advice and consent of the Senate.

(c)

Procedures for delivery of defense articles

Not later than 60 days after the date of the enactment of this Act, the President shall establish expedited procedures for the delivery of any defense article loaned or leased to the Government of Ukraine under an agreement entered into under subsection (b) to ensure timely delivery of the article to that Government.

110.

Temporary expedited congressional review of arms sales to Ukraine

(a)

In general

The President is authorized to issue any letter of offer or license to export any defense articles or defense services to Ukraine otherwise subject to the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) unless Congress enacts a joint resolution of disapproval of such sale or export, as the case may be, within 15 calendar days.

(b)

Sunset

The authority of subsection (a) shall terminate on October 1, 2023.

111.

International military education and training cooperation with Ukraine

(a)

Sense of Congress

It is the sense of Congress that—

(1)

International Military Education and Training (IMET) is a critical component of United States security assistance that facilitates training of international forces and strengthens cooperation and ties between the United States and foreign countries;

(2)

it is in the national interest of the United States to further strengthen the Armed Forces of Ukraine, particularly to enhance their defensive capability and improve interoperability for joint operations; and

(3)

the Government of Ukraine should fully utilize the United States IMET program, encourage eligible officers and civilian leaders to participate in the training, and promote successful graduates to positions of prominence in the Armed Forces of Ukraine.

(b)

Authorization of appropriations

There is authorized to be appropriated to the Department of State $3,500,000 for each of fiscal years 2022, 2023, and 2024 for International Military Education and Training assistance for Ukraine. The assistance shall be made available for the following purposes:

(1)

Training of future leaders.

(2)

Establishing a rapport between the United States Armed Forces and the Armed Forces of Ukraine to build partnerships for the future.

(3)

Enhancement of interoperability and capabilities for joint operations.

(4)

Focusing on professional military education, civilian control of the military, and human rights.

(5)

Fostering a better understanding of the United States.

(c)

Notice to Congress

Not later than 15 days before providing assistance or support pursuant to subsection (a), the Secretary of State shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notification containing the following elements:

(1)

A detailed description of the assistance or support to be provided, including—

(A)

the objectives of such assistance or support;

(B)

the budget for such assistance or support; and

(C)

the expected or estimated timeline for delivery of such assistance or support.

(2)

A description of such other matters as the Secretary considers appropriate.

(d)

Emergency appropriation

(1)

In general

There is appropriated, out of any money in the Treasury not otherwise appropriated, $3,500,000 to the Secretary of State for fiscal year 2022 for International Military Education and Training assistance for Ukraine for the purposes described in subsection (b).

(2)

Emergency designation

(A)

In general

The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

(B)

Designation in House and Senate

This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.

112.

Strategy on international military education and training programming in Ukraine

(a)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a strategy for the implementation of the International Military Education and Training program in Ukraine authorized under section 111.

(b)

Elements

The strategy required under subsection (a) shall include the following elements:

(1)

A clear plan, developed in close consultation with the Ukrainian Ministry of Defense and the Armed Forces of Ukraine, for how the IMET program will be used by the United States Government and the Government of Ukraine to propel program graduates to positions of prominence in support of the reform efforts of the Armed Forces of Ukraine in line with NATO standards.

(2)

An assessment of the education and training requirements of the Armed Forces of Ukraine and clear recommendations for how IMET graduates should be assigned by the Ukrainian Ministry of Defense upon completion of education or training.

(3)

An accounting of the current combat requirements of the Armed Forces of Ukraine and an assessment of the viability of alternative mobile training teams, distributed learning, and other flexible solutions to reach such students.

(4)

An identification of opportunities to influence the next generation of leaders through attendance at United States staff and war colleges, junior leader development programs, and technical schools.

(c)

Form

The strategy required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

113.

Loan authority for Ukraine

(a)

Sense of Congress

It is the sense of Congress that—

(1)

as appropriate, the United States Government should provide direct loans to Ukraine for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act (22 U.S.C. 2763) to support the further development of Ukraine’s military forces; and

(2)

such loans should be considered an additive security assistance tool and not a substitute for Foreign Military Financing for grant assistance or Ukraine Security Assistance Initiative programming.

(b)

Authority

For fiscal year 2022 and 2023, the President, acting through the Secretary of State, is authorized—

(1)

to make direct loans under section 23 of the Arms Export Control Act (22 U.S.C. 2763) to Ukraine, notwithstanding the minimum interest rate required by subsection (c)(1) of such section; and

(2)

to charge fees for such loans under paragraph (1), which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(7)), and which may be used to cover the costs of such loans as defined in section 502 of the Congressional Budget Act of 1974.

(c)

Certification

Not fewer than 15 days before entering into an agreement to make a loan described in subsection (b), the Secretary of State shall submit to the appropriate congressional committees a certification—

(1)

certifying that the loan will aid Ukraine in bolstering its defensive capabilities; and

(2)

describing the specific intended purpose and use of the loan.

(d)

Repayment

A loan made under the authority provided by subsection (b) shall be repaid in not more than 12 years, but may include a grace period of up to 1 year on the repayment of the principal.

114.

Extension and modification of limitation on military cooperation between the United States and the Russian Federation

(a)

Extension

Subsection (a) of section 1232 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488) is amended by striking or 2021 and inserting 2021, 2022, or 2023.

(b)

Waiver

Subsection (c)(2) of such section is amended to read as follows:

(2)

not later than 15 days before the date on which the waiver takes effect, and every 90 days thereafter, submits to the appropriate congressional committees—

(A)

a notification that the waiver is in the national security interest of the United States and a description of the national security interest covered by the waiver during the applicable reporting period;

(B)

a description of any condition or prerequisite placed by the Russian Federation on military cooperation between the United States and the Russian Federation;

(C)

a description of the results achieved by United States-Russian Federation military cooperation during the applicable reporting period and an assessment of whether such results meet the national security objectives described under subparagraph (A);

(D)

a description of the measures in place to mitigate counterintelligence or operational security concerns and an assessment of whether such measures have succeeded, submitted in classified form as necessary; and

(E)

a report explaining why the Secretary of Defense cannot make the certification under subsection (a).

.

115.

Reports on security assistance and provision of defense articles to Armed Forces of Ukraine

(a)

In general

Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on the items that the United States has provided the Government of Ukraine to assist in its defense.

(b)

Contents

The report required by subsection (a) shall include—

(1)

a description of the steps the United States has taken to provide and expedite security assistance, defense articles, and any other forms of support to Ukraine and the Armed Forces of Ukraine, including increasing air defense capabilities, since March 1, 2021;

(2)

a description of any increased assistance and support provided by allies and partners of the United States or Ukraine to Ukraine or the Armed Forces of Ukraine, including increasing air defense capabilities, since March 1, 2021; and

(3)

a full accounting of all items provided to the Government of Ukraine since March 1, 2021, to include a list of the dates upon which all of the items were provided to the Government of Ukraine under—

(A)

any execution of the presidential drawdown authority;

(B)

the Foreign Military Financing program;

(C)

the Foreign Military Sales program;

(D)

the Ukraine Security Assistance Initiative;

(E)

the Excess Defense Articles program; and

(F)

the Lend-Lease program described in section 109.

(c)

Report on efforts To lift NSPA restrictions on transfers of defense articles to ukraine

Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on restrictions imposed by the NATO Support and Procurement Agency since October 1, 2021, on transfers of defense articles to Ukraine, including third-party transfers, including recommendations whether and how such restrictions should be lifted.

116.

Report on Russian chemical and biological activities in Ukraine

(a)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees a report that includes—

(1)

a description of any actions by Russia to use, move, develop, produce, or otherwise acquire, stockpile, retain, or otherwise employ or deploy chemical or biological weapons in or against Ukraine that could constitute a potential violation of its obligations as a State Party to the Chemical Weapons Convention or the Biological Weapons Convention, including activities relating to—

(A)

military-grade nerve agents;

(B)

pharmaceutical-based agents;

(C)

destruction of any chemical production facility;

(D)

chemical or biological weapons development facilities;

(E)

chemical or biological weapons production facilities;

(F)

chemical or biological weapons stockpiles; and

(G)

cooperation with other nations regarding the use, development, supply, production, transfer, or deployment of chemical weapons;

(2)

a listing of entities facilitating any activities identified in paragraph (1); and

(3)

a description of any potential or planned use of those items listed in paragraph (1) should focus on—

(A)

assassinations;

(B)

targeted killings; and

(C)

battlefield use.

(b)

Form

The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(c)

Appropriate committees of Congress

In this section, the term appropriate committees of Congress means—

(1)

the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and

(2)

the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.

117.

Report on policies and procedures governing support for Ukraine

(a)

In general

Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the legal and policy guidance governing intelligence sharing and security assistance between the United States and Ukraine.

(b)

Contents

The report required by subsection (a) shall include—

(1)

a description of applicable diplomatic, regulatory, or legal guidance on the provision of security assistance by the United States to Ukraine through programs of the Department of State and the Department of Defense, including restrictions outside of the International Trafficking in Arms Regulations (22 C.F.R. 120 et seq.) and prohibitions on specific capabilities and technologies;

(2)

a description of the policies, procedures, and legal guidance on the provision of intelligence support by the United States to the military of Ukraine, including support for targeting, battlefield intelligence, surveillance, and reconnaissance, and other support designed to help improve the operational effectiveness and lethality of the Ukrainian military; and

(3)

a list of the dates on which the applicable guidance went into effect and any guidance that was superseded.

II

Countering Kremlin malign influence and aggression in Europe

201.

Authorization of appropriations for Foreign Military Financing grant assistance to European allies and partners

(a)

European security programs

In addition to amounts otherwise authorized to be appropriated for Foreign Military Financing, there is authorized to be appropriated $5,000,000,000 for the Department of State for Foreign Military Financing grant assistance programs in Europe, to remain available until expended.

(b)

Purpose

As a direct response to recent aggression against Ukraine by the Russian Federation, the purpose of these funds shall be to—

(1)

deter the Russian Federation’s current military escalation along the border of Ukraine, Poland, and Lithuania, and any future military build-up by the Russian Federation in Eastern Europe;

(2)

increase deterrence capabilities of Black Sea allied and partner nations; and

(3)

incentivize greater burden-sharing among NATO allies.

(c)

Eligibility

Countries eligible for grant assistance under this program shall include—

(1)

NATO allies and Ukraine; and

(2)

other European partners, if the President provides a written notification to the appropriate congressional committees within 30 days that such grant is in the national security interest of the United States.

(d)

Restrictions on European foreign military financing

Amounts authorized to be appropriated under subsection (a) shall be available subject to—

(1)

adherence to defense spending goals in line with those laid out in the 2014 Wales Summit Declaration; and

(2)

formal agreements between the United States and recipient nations to conduct joint long-range planning for capability development and the expenditure of those funds.

(e)

Emergency designation

(1)

In general

The amounts provided under subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

(2)

Designation in House and Senate

Subsection (a) is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.

202.

Boost European Deterrence Initiative (EDI), including funding for military exercises

(a)

Authorization of appropriations

There is authorized to be appropriated for the Department of Defense for fiscal year 2022 an additional $270,000,000 for the European Defense Initiative.

(b)

Use of funds

The amounts appropriated in subsection (a) shall be used for military training and exercises between United States Armed Forces and European partners to increase the overall readiness and interoperability of United States forces, NATO allies, and theater partners across all domains.

(c)

Emergency designation

(1)

In general

The amounts provided under subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

(2)

Designation in House and Senate

Subsection (a) is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.

203.

Bolstering Ukraine’s cyber defense and resiliency capabilities

(a)

In general

There is authorized to be appropriated to the Department of State $25,000,000 for each of fiscal years 2022 and 2023 for the purposes described in subsection (b).

(b)

Use of funds

Amounts appropriated pursuant to subsection (a) may only be used—

(1)

to strengthen collaboration between the Government of Ukraine and the NATO Cooperative Cyber Defence Centre of Excellence, the European Union Agency for Cybersecurity, the National Cyber Security Centre of the United Kingdom, and the European Centre of Excellence for countering Hybrid Threats to bolster Ukraine’s cyber defense capabilities and to develop surge capabilities as necessary;

(2)

to assist the Government of Ukraine in identifying critical areas of vulnerability within its cyber defense;

(3)

to strengthen the ability of the Government of Ukraine to detect, investigate, disrupt, and deter cyberattacks and malign digital influence operations;

(4)

to strengthen the ability of the Government of Ukraine to develop cybersecurity incident response teams and to develop procedures for responding to and mitigating the damage of cyberattacks;

(5)

to support multilateral, intergovernmental, and nongovernmental efforts to improve Ukraine’s cybersecurity capacity efforts;

(6)

to collaborate with the Government of Ukraine to better understand the nature of cyberattacks and malign digital influence operations that could be used to target the United States;

(7)

to work with the private sector to help facilitate the sharing of information and services pertaining to cybersecurity and cyber resilience in Ukraine; and

(8)

to expand the United States Transnational and High-Tech Crime Global Law Enforcement Network to provide additional training and capacity-building in Ukraine related to cybercrime and intellectual property crime, including by creating new International Computer Hacking and Intellectual Property Attorney Advisors or Intellectual Property Law Enforcement Coordinators.

(c)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on efforts to implement the policy described in subsection (a).

204.

Expanded broadcasting in countries of the former Soviet Union to combat Russian disinformation and information operations

(a)

Authorization of appropriations

There is authorized to be appropriated $155,500,000 for Radio Free Europe/Radio Liberty for fiscal year 2022.

(b)

Authorization of new bureaus

Radio Free Europe/Radio Liberty may explore opening new bureaus to help expand its ability to reach audiences on the periphery of the Russian Federation.

(c)

Initiatives To bolster Radio Free Europe/Radio Liberty bureaus around the Russian Federation

To help expand its reach to Russian-speaking audiences and increase its reach to audiences through digital media, Radio Free Europe/Radio Liberty should—

(1)

evaluate where Russian disinformation is most deeply pervasive in the Eurasia region;

(2)

develop strategies to better communicate with predominately Russian-speaking regions;

(3)

build on efforts to increase capacity and programming to counter disinformation in real time;

(4)

expand Russian language investigative journalism;

(5)

improve the technical capacity of the Ukraine bureau; and

(6)

continue efforts to increase digital news services.

205.

Report on role of intelligence and security services of the Russian Federation in efforts to undermine the independence and integrity of Ukraine

(a)

In general

Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of State, shall submit to the appropriate congressional committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report on the role of the intelligence and security services of the Russian Federation in efforts to undermine and interfere with the independence of Ukraine.

(b)

Elements

The report required under subsection (a) shall include—

(1)

an assessment of the priorities and objectives of the intelligence and security services of the Russian Federation with respect to Ukraine;

(2)

a detailed description of the steps taken by any intelligence or security services of the Russian Federation to undermine the stability of Ukraine or the Government of Ukraine;

(3)

a complete list of the branches of the intelligence or security services of the Russian Federation that have engaged in any influence efforts or campaigns to undermine the stability of Ukraine or the Government of Ukraine;

(4)

an assessment of—

(A)

the tactics and techniques used by any intelligence and security services of the Russian Federation with respect to Ukraine;

(B)

the success of those tactics and techniques; and

(C)

whether such tactics and techniques are designed or intended to undermine the stability of Ukraine or dismantle or overthrow the Government of Ukraine; and

(5)

any plans by the United States to provide additional support to the Government of Ukraine to prevent internal destabilization efforts, including through intelligence sharing and support for reforms and anti-corruption efforts.

206.

Deepening security and economic ties with Baltic allies

(a)

Sense of Congress

It is the sense of Congress that—

(1)

supporting and bolstering the security of the Baltic States of Estonia, Latvia, and Lithuania is in the national security interests of the United States;

(2)

the Baltic States are critical allies in countering aggression by the Government of the Russian Federation and maintaining the collective security of the NATO alliance;

(3)

the United States should continue to support and foster a security partnership with the Baltic States that aims to meet their security needs and provides additional capabilities and tools to help defend against aggression by the Government of the Russian Federation in the region;

(4)

the United States should encourage the initiative undertaken by the Baltic States to advance the Three Seas Initiative to strengthen transport, energy, and digital infrastructures among eastern Europe countries;

(5)

there are mutually beneficial opportunities for increased investment and economic expansion between the United States and the Baltic States; and

(6)

improved economic ties between the United States and the Baltic States will lead to a strengthened strategic partnership.

(b)

Baltic security and economic enhancement initiative

(1)

In general

The Secretary of State shall establish an initiative to deepen and foster security and economic ties with the Baltic States.

(2)

Purpose and objectives

The initiative established under paragraph (1) shall have the following goals and objectives:

(A)

Ensuring the efficient and effective delivery of security assistance to the Baltic States, prioritizing assistance that will strengthen defenses against conventional and hybrid warfare and improve interoperability with NATO forces and strengthen regional defense capabilities.

(B)

Bolstering United States support for the Baltic region’s physical and energy security needs.

(C)

Mitigating the impact of economic coercion by the Russian Federation and the People’s Republic of China on the Baltic States and identifying new opportunities for foreign direct investment and United States business ties.

(D)

Improving high-level engagement between the United States and the Baltic States, with a focus on improving high-level security and economic cooperation.

(3)

Activities

The initiative established under paragraph (1) shall—

(A)

develop a comprehensive security assistance strategy to strengthen the defensive capabilities of the Baltic States, in coordination with other security assistance authorities, that takes into account the unique challenges of the proximity of the Baltic States to the Russian Federation and the threat of aggression against the Baltic States from the Government of the Russian Federation;

(B)

send high-level representatives of the Department of State to—

(i)

the Baltic States not less frequently than twice a year; and

(ii)

major regional fora on physical and energy security, including the Three Seas Initiative Summit and Business Forum and the Baltic Sea Security Conference;

(C)

convene an annual trade forum, in coordination with the governments of the Baltic States, to foster investment opportunities in the Baltic region for United States businesses; and

(D)

foster dialogue between experts from the United States and from the Baltic States on hybrid warfare, cyber defenses, economic expansion, and foreign direct investment.

207.

Public disclosure of assets of Vladimir Putin and his inner circle

(a)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in coordination with the Director of National Intelligence and the Secretary of State, shall submit to the committees specified in subsection (d) a detailed report on the personal net worth and assets of the President of the Russian Federation, Vladimir Putin, and his inner circle.

(b)

Elements

The report required by subsection (a) shall include—

(1)

an identification of significant senior foreign political figures and oligarchs in the Russian Federation, as determined by their closeness to Vladimir Putin;

(2)

the estimated net worth and known sources of income of the individuals identified under paragraph (1), Vladimir Putin, and the family members of such individuals and Vladimir Putin (including current and former spouses, partners, birth parents of a biological child, parents, adult children, and siblings), including assets, investments, bank accounts, business interests, held in and outside of the Russian Federation, and relevant beneficial ownership information;

(3)

an estimate of the total annual income and personal expenditures of Vladimir Putin and his family members for calendar years 2017 through 2021; and

(4)

all known details about the financial practices and transparency, or lack thereof, of Vladimir Putin and the individuals identified under paragraph (1).

(c)

Form

(1)

In general

The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(2)

Public availability

The unclassified portion of the report required by subsection (a) shall be made available on a publicly accessible internet website.

(d)

Committees specified

The committees specified in this subsection are—

(1)

the appropriate congressional committees;

(2)

the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(3)

the Permanent Select Committee on Intelligence and the Committee on Financial Services of the House of Representatives.

208.

Report on diplomatic and military impact of Russian military aggression in Ukraine on European security

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the diplomatic and military implications of Russia’s military aggression in Ukraine on the security environment of Europe.

(b)

Contents

The report required by subsection (a) shall include—

(1)

an assessment of the direct impact of aggression and malign influence of the Russian Federation in and against Ukraine and throughout Europe on United States interests in Europe, including—

(A)

relationships with United States allies and partners;

(B)

the credibility of the United States and NATO; and

(C)

the durability of the security order in the region;

(2)

a description of United States diplomatic efforts to counter the malign influence and aggression of the Russian Federation against Ukraine, including—

(A)

an assessment of the United States diplomatic and consular presence of the United States in Central and Eastern Europe and a comparison of staffing and resource levels in the region from 2012 to 2022;

(B)

a description of ongoing and planned efforts to counter malign influence in Europe by the Russian Federation, including corruption, election interference, and disinformation;

(C)

an assessment of any gaps or shortfalls in diplomatic or programmatic activities of the United States Government to address the impact of Russian aggression and malign influence in Ukraine and throughout Europe; and

(D)

a description of United States diplomatic efforts—

(i)

to reinforce political support for NATO;

(ii)

to increase allied participation and contributions to NATO; and

(iii)

to reinforce the role of NATO in addressing security challenges in the region;

(3)

an assessment of how the Russian Federation’s military aggression in Ukraine and increased presence and activity in Belarus, the Baltic Sea region, and the Black Sea region has impacted United States posture and planning considerations in Europe; and

(4)

a description of military efforts by the United States to deter Russian aggression and increase the readiness, interoperability, and lethality of NATO allies, including—

(A)

a description of the military presence of the United States in the United States European Command (EUCOM);

(B)

an assessment of whether such presence is sufficient to execute operational plans and deterrence activities of the United States and NATO;

(C)

a list of prioritized capability requirements necessary for EUCOM to enhance deterrence and operational effectiveness in Europe;

(D)

a description of allied contributions to NATO operations; and

(E)

an assessment of key gaps in capability, challenges to readiness, and obstacles to interoperability among NATO militaries.

209.

Energy security cooperation with allied partners in Europe

(a)

Short title

This section may be cited as the Energy Security Cooperation with Allied Partners in Europe Act.

(b)

In general

Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended—

(1)

by striking (c) For purposes and inserting the following:

(c)

Expedited approval process

(1)

Definition of covered nation

(A)

In general

In this subsection, the term covered nation means—

(i)

a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas;

(ii)

a member country of the North Atlantic Treaty Organization;

(iii)

during the period described in subparagraph (B), Japan; and

(iv)

any other foreign country, if the Secretary of State, in consultation with the Secretary of Defense, determines that exportation of natural gas to that foreign country would promote the national security interests of the United States.

(B)

Period described

The period referred to in subparagraph (A)(iii) is the period during which the Treaty of Mutual Cooperation and Security, signed at Washington January 19, 1960, and entered into force June 23, 1960 (11 UST 1632; TIAS 4509), between the United States and Japan, remains in effect.

(2)

Expedited approval

For purposes

;

(2)

in paragraph (2) (as so designated), by striking nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas and inserting covered nation; and

(3)

by adding at the end the following:

(3)

Effect

Nothing in this subsection—

(A)

authorizes the use of eminent domain to seize land or land rights; or

(B)

waives any requirement under—

(i)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(ii)

the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(iii)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

(iv)

the Clean Air Act (42 U.S.C. 7401 et seq.).

.

(c)

Effective date

The amendments made by this section shall apply with respect to applications for the authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) that are pending on, or filed on or after, the date of enactment of this Act.

III

Measures to deter current and escalated aggression against Ukraine by the Russian Federation

301.

Definitions

In this title:

(1)

Account; correspondent account; payable-through account

The terms account, correspondent account, and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code.

(2)

Admission; admitted; alien

The terms admission, admitted, and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

(3)

Appropriate committees of Congress

The term appropriate committees of Congress means—

(A)

the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(B)

the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.

(4)

Financial institution

The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code.

(5)

Foreign financial institution

The term foreign financial institution has the meaning given that term in regulations prescribed by the Secretary of the Treasury.

(6)

Foreign person

The term foreign person means an individual or entity that is not a United States person.

(7)

Knowingly

The term knowingly with respect to conduct, a circumstance, or a result, means that a person had actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(8)

United states person

The term United States person means—

(A)

a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

(B)

an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

A

Sanctions To deter aggression against Ukraine by the Russian Federation

311.

Imposition of sanctions with respect to senior Russian defense officials related to the build-up of Russian Armed Forces along Ukraine’s border

Not later than 30 days after the date of the enactment of this Act, the President shall impose the sanctions described in section 351 with respect to not fewer than 15 senior officials of any branch of the Armed Forces of the Russian Federation who have ordered, controlled, directed, or were otherwise responsible for the planning or execution of actions related to—

(1)

military operations in the Donbas region of Ukraine or the illegally occupied territory of Crimea;

(2)

the build-up of the Armed Forces of the Russian Federation along Ukraine’s border on or after October 1, 2021; or

(3)

other military operations that have violated the sovereignty or territorial integrity of Ukraine.

312.

Imposition of sanctions with respect to Nord Stream 2

(a)

In general

Not later than 15 days after the date of the enactment of this Act, and every 30 days thereafter, if the President is not able to make the certification described in subsection (b), the President shall impose the sanctions described in section 351 with respect to a foreign person that is—

(1)

any entity established for or responsible for the planning, construction, or operation of the Nord Stream 2 pipeline or a successor entity, including Nord Stream 2 AG; or

(2)

any corporate officer of an entity described in paragraph (1).

(b)

Certification described

The certification described in this subsection is a certification to the appropriate committees of Congress of each of the following:

(1)

The Government of Germany has provided written, public assurances that it will prevent the Nord Stream 2 pipeline from being certified or otherwise from becoming operational.

(2)

The Government of Germany, including any regulatory body of that Government, is taking the necessary steps to fulfill the assurances described in paragraph (1).

(3)

The publicly available database of the European Network of Transmission System Operators for Gas has not registered the transit of gas through the Nord Stream 2 pipeline.

(c)

Waiver

(1)

Waiver by joint resolution

Sanctions under subsection (a) may be waived only if there is enacted into law a joint resolution approving such a waiver.

(2)

No national security waiver

No waiver under section 353 or any other provision of law (other than a joint resolution described in paragraph (1)) applies with respect to sanctions under subsection (a).

(d)

Termination

On the date on which the President has, after making an affirmative determination under section 321, imposed sanctions under section 322, this section shall no longer have any force or effect.

313.

Imposition of sanctions with respect to foreign persons contributing to the destabilization of Ukraine or malicious cyber activities against Ukraine

Not later than 30 days after the date of the enactment of this Act, the President shall impose the sanctions described in section 351 with respect to not fewer than 15 foreign persons that the President determines have, on or after October 1, 2021, engaged in activities, under the authority or at the direction of the Government of the Russian Federation, including through its proxies—

(1)

to destabilize Ukraine; or

(2)

that disrupt, attack, illegally infiltrate, or degrade the operations of—

(A)

any official website or network of the Government of Ukraine;

(B)

any public utility that operates in Ukraine; or

(C)

any critical infrastructure in Ukraine.

314.

Imposition of sanctions with respect to facilitating transactions for the Russian Armed Forces

(a)

In general

Not later than 30 days after the date of the enactment of this Act, the President shall determine whether, on or after January 1, 2021, Promsvyazbank and any of the financial institutions specified in section 323 have knowingly conducted or facilitated any transactions for any branch of the Armed Forces of the Russian Federation that has been engaged in actions directly related to—

(1)

military operations in the Donbas region of Ukraine or the illegally occupied territory of Crimea;

(2)

the build-up of the Armed Forces of the Russian Federation along Ukraine’s border on or after December 1, 2021; or

(3)

other military operations that have violated the sovereignty or territorial integrity of Ukraine.

(b)

Imposition of sanctions

(1)

Promsvyazbank

If the President determines under subsection (a) that Promsvyazbank has conducted or facilitated any transactions described in that subsection, the President shall impose the sanctions described in section 351(1) with respect to Promsvyazbank.

(2)

Other Russian financial institutions

If the President determines under subsection (a) that one or more of the financial institutions specified in section 323 have conducted or facilitated transactions described in subsection (a), the President shall impose the sanctions described in section 351(1) with respect to one of those financial institutions.

(c)

Discretionary sanctions with respect to subsidiaries and successor entities

The President may impose the sanctions described in section 351(1) with respect to any entity owned or controlled by, or that is a successor to, a financial institution with respect to which sanctions are imposed under paragraph (1) or (2) of subsection (b).

315.

Imposition of sanctions with respect to entities on the CAATSA section 231(e) list

Not later than 30 days after the date of the enactment of this Act, the President shall impose the sanctions described in section 351 with respect to not fewer than 5 entities—

(1)

on the list of persons determined under section 231(e) of the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9525(e)) to be part of, or to operate for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation; and

(2)

not designated before such date of enactment for inclusion in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury.

B

Sanctions and other measures in response to escalation of aggression against Ukraine by the Russian Federation

321.

Determination with respect to operations of the Russian Federation in Ukraine

(a)

In general

The President shall determine, at such times as are required under subsection (b), whether—

(1)

the Government of the Russian Federation, including through any of its proxies, is engaged in or knowingly supporting an escalation of aggression, including through offensive cyber operations, in or against Ukraine, including compared to the level of aggression in or against Ukraine before January 1, 2022; and

(2)

if so, whether such escalation has the aim or effect of undermining, overthrowing, or dismantling the Government of Ukraine, occupying the territory of Ukraine, or interfering with the sovereignty or territorial integrity of Ukraine.

(b)

Timing of determinations

The President shall make the determination described in subsection (a)—

(1)

not later than 15 days after the date of the enactment of this Act;

(2)

after the first determination under paragraph (1), not less frequently than every 30 days (or more frequently as warranted) during the 1-year period beginning on such date of enactment; and

(3)

after the end of that 1-year period, not less frequently than every 90 days.

(c)

Report required

Upon making a determination under subsection (a), the President shall submit a report on the determination to—

(1)

the committees specified in subsection (e);

(2)

the majority leader and the minority leader of the Senate; and

(3)

the Speaker and the minority leader of the House of Representatives.

(d)

Congressional requests

(1)

In general

Not later than 10 days after receiving a request from the chairman or ranking member of one of the committees specified in subsection (e) with respect to whether the Russian Federation, including through any of its proxies, has engaged in an act described in subsection (a), the President shall—

(A)

determine if the Russian Federation has engaged in such an act; and

(B)

submit a report on that determination, with a detailed explanation, to the committees specified in subsection (e).

(2)

Failure of presidential determination

The failure of the President to submit a report required by subparagraph (B) of paragraph (1) by the date required by that paragraph shall have the same effect as if the President had made an affirmative determination under subsection (a).

(e)

Committees specified

The committees specified in this subsection are—

(1)

the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and

(2)

the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.

322.

Imposition of sanctions with respect to Nord Stream 2

(a)

In general

Upon making an affirmative determination under section 321 and not later than 10 days following such a determination, the President shall impose the sanctions described in section 351 with respect to a foreign person that is—

(1)

any entity established for or responsible for the planning, construction, or operation of the Nord Stream 2 pipeline or a successor entity, including Nord Stream 2 AG; and

(2)

any corporate officer of an entity described in paragraph (1).

(b)

No waiver

No waiver under section 353 or any other provision of law applies with respect to sanctions under subsection (a).

(c)

Repeal of waiver under Protecting Europe’s Energy Security Act

Section 7503 of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public Law 116–92; 22 U.S.C. 9526 note) is amended by striking subsection (f).

323.

Imposition of sanctions with respect to Russian financial institutions

(a)

Imposition of sanctions

(1)

In general

(A)

Specified Russian financial institutions

Upon making an affirmative determination under section 321 and not later than 30 days following such a determination, the President shall impose the sanctions described in section 351(1) with respect to each of the following financial institutions:

(i)

VTB.

(ii)

VEB.RF.

(iii)

The Russian Direct Investment Fund.

(iv)

Alfa Bank.

(B)

Additional specified Russian financial institutions

(i)

In general

Upon making an affirmative determination under section 321 and not later than 30 days following such a determination, the President shall, subject to clause (ii), impose the sanctions described in paragraph (1) or (2) of section 351 with respect to each of the following financial institutions:

(I)

Sberbank.

(II)

Gazprombank.

(III)

Credit Bank of Moscow.

(IV)

Rosselkhozbank.

(V)

FC Bank Otkritie.

(VI)

Promsvyazbank.

(VII)

Sovcombank.

(VIII)

Transkapitalbank.

(IX)

Any other comparable Russian financial institution as determined by the President.

(ii)

Type of sanctions

The President shall impose the sanctions described in section 351(1) with respect to not fewer than 4 of the financial institutions specified in clause (i).

(2)

Subsidiaries and successor entities

(A)

In general

The President shall impose, with respect to any financial institution described in subparagraph (B), the sanctions described in section 351 that the President determines are equivalent to the sanctions imposed with respect to financial institutions specified in paragraph (1).

(B)

Financial institutions described

A financial institution described in this subparagraph is a financial institution—

(i)

owned or controlled by, or that is a successor to, a financial institution specified in paragraph (1); or

(ii)

used or established for the purpose of evading sanctions under this section.

(b)

Additional Russian financial institutions

(1)

List required

Not later than 30 days after making an affirmative determination under section 321, and every 90 days thereafter, the President shall submit to the appropriate committees of Congress a list of foreign persons that the President determines—

(A)

are financial institutions—

(i)

owned or operated by the Government of the Russian Federation; or

(ii)

that are owned or controlled by, or are successors to, a financial institution described in clause (i); and

(B)

with respect to which sanctions should be imposed in the interest of national security of the United States.

(2)

Imposition of sanctions

Upon the submission of each list required by paragraph (1), the President shall impose the sanctions described in paragraph (1) or (2) of section 351 with respect to each foreign person identified on the list.

(c)

Mandatory imposition of sanctions with respect to transactions with sanctioned Russian Federation financial institutions

(1)

In general

The President shall impose one or both of the sanctions described in paragraphs (1) and (2) of section 351 with respect to a foreign financial institution that, on or after the date that is 30 days after sanctions are imposed under subsection (a) or (b), knowingly engages in a significant financial transaction with any financial institution subject to sanctions imposed under subsection (a) or (b).

(2)

Wind down period for the imposition of secondary sanctions

The President may delay the imposition of sanctions under paragraph (1) with respect to a financial institution for not more than 30 days if the President determines it is necessary to enable non-Russian persons acting in good faith to wind down business subject to sanctions under this section.

(d)

Congressional disapproval of waivers

(1)

Report required

Any waiver under section 353(b) that applies to a sanction imposed under this section shall be accompanied by a report submitted by the President to the appropriate committees of Congress stating whether the waiver—

(A)

is not intended to significantly alter United States foreign policy with regard to the Russian Federation; or

(B)

is intended to significantly alter United States foreign policy with regard to the Russian Federation.

(2)

Termination of waiver

A waiver described in paragraph (1) shall have no force or effect on or after the date of the enactment of a joint resolution of disapproval enacted in accordance with paragraph (3) with respect to the waiver.

(3)

Consideration of joint resolutions of disapproval

(A)

Joint resolution of disapproval defined

In this subsection, the term joint resolution of disapproval means a joint resolution the sole matter after the resolving clause of which is the following: Congress disapproves of the waiver under section 353(b) of the Never Yielding Europe’s Territory (NYET) Act of 2022 with respect to a sanction imposed under section 323 of that Act relating to ___., with the blank space being filled with a short description of the matter to which the waiver relates.

(B)

Introduction

A joint resolution of disapproval may be introduced at any time after the issuance of a waiver described in paragraph (1)—

(i)

in the House of Representatives, by the majority leader or the minority leader; and

(ii)

in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee).

(C)

Expedited procedures

The procedures set forth in paragraphs (4), (5), and (6) of section 216(c) of the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9511(c)) shall apply with respect to a joint resolution of disapproval under this paragraph to the same extent and in the same manner as such procedures apply with respect to a joint resolution under that section, except that a joint resolution of disapproval under this paragraph shall, in the Senate, be referred—

(i)

to the Committee on Banking, Housing, and Urban Affairs if the joint resolution relates to a waiver that is not intended to significantly alter United States foreign policy with regard to the Russian Federation, as stated in the report required by paragraph (1); and

(ii)

to the Committee on Foreign Relations if the joint resolution relates to a waiver that is intended to significantly alter United States foreign policy with regard to the Russian Federation, as stated in the report required by paragraph (1).

(4)

Rules of House of Representatives and Senate

This subsection is enacted by Congress—

(A)

as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and

(B)

with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

324.

Imposition of sanctions with respect to Russian oligarchs and members of Putin’s inner circle

Upon making an affirmative determination under section 321 and not later than 60 days following such a determination, the President shall impose the sanctions described in section 351 with respect to not fewer than 15 foreign persons—

(1)

that the President determines—

(A)

are listed in the classified annex submitted to Congress with the report required by section 241 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 131 Stat. 922); or

(B)

would be included in that annex, if that report were submitted on the date of the determination; and

(2)

with respect to which the President determines sanctions should be imposed in the interest of the national security of the United States.

325.

Imposition of sanctions with respect to officials of the Government of the Russian Federation relating to operations in Ukraine

(a)

In general

Upon making an affirmative determination under section 321 and not later than 60 days following such a determination, the President shall impose the sanctions described in section 351 with respect to each of the officials specified in subsection (b).

(b)

Officials specified

The officials specified in this subsection are the following:

(1)

The President of the Russian Federation.

(2)

The Prime Minister of the Russian Federation.

(3)

The Foreign Minister of the Russian Federation.

(4)

The Minister of Defense of the Russian Federation.

(5)

The Chief of the General Staff of the Armed Forces of the Russian Federation.

(6)

The Commander-in-Chief of the Land Forces of the Russian Federation.

(7)

The Commander-in-Chief of the Aerospace Forces of the Russian Federation.

(8)

The Commander of the Airborne Forces of the Russian Federation.

(9)

The Commander-in-Chief of the Navy of the Russian Federation.

(10)

The Commander of the Strategic Rocket Forces of the Russian Federation.

(11)

The Commander of the Special Operations Forces of the Russian Federation.

(12)

The Commander of Logistical Support of the Armed Forces of the Russian Federation.

(c)

Additional officials

(1)

List required

Not later than 30 days after making an affirmative determination under section 321 and every 90 days thereafter, the President shall submit to the appropriate committees of Congress a list of foreign persons that the President determines—

(A)

are—

(i)

senior officials of any branch of the Armed Forces of the Russian Federation leading any of the operations described in section 321; or

(ii)

senior officials of the Government of the Russian Federation, including any intelligence agencies or security services of the Russian Federation, with significant roles in planning or implementing such operations; and

(B)

with respect to which sanctions should be imposed in the interest of the national security of the United States.

(2)

Imposition of sanctions

Upon the submission of each list required by paragraph (1), the President shall impose the sanctions described in section 351 with respect to each foreign person on the list.

326.

Prohibition on and imposition of sanctions with respect to transactions involving Russian sovereign debt

(a)

Prohibition on transactions

Upon making an affirmative determination under section 321 and not later than 30 days following such a determination, the President shall prohibit all transactions by United States persons involving the sovereign debt of the Government of the Russian Federation issued on or after the date of the enactment of this Act, including governmental bonds.

(b)

Imposition of sanctions with respect to state-Owned enterprises

(1)

In general

Not later than 60 days after making an affirmative determination under section 321, the President shall identify and impose the sanctions described in section 351 with respect to foreign persons that the President determines engage in transactions involving the debt—

(A)

of not fewer than 10 entities owned or controlled by the Government of the Russian Federation; and

(B)

that is not subject to any other sanctions imposed by the United States.

(2)

Applicability

Sanctions imposed under paragraph (1) shall apply with respect to debt of an entity described in subparagraph (A) of that paragraph that is issued after the date that is 90 days after the President makes an affirmative determination under section 321.

(c)

List; imposition of sanctions

Not later than 30 days after making an affirmative determination under section 321, and every 90 days thereafter, the President shall—

(1)

submit to the appropriate committees of Congress a list of foreign persons that the President determines are engaged in transactions described in subsection (a); and

(2)

impose the sanctions described in section 351 with respect to each such person.

327.

Imposition of sanctions with respect to Russian extractive industries

(a)

Identification

Not later than 60 days after making an affirmative determination under section 321, the President shall identify foreign persons in any of the sectors or industries of the Russian Federation described in subsection (b) with respect to which the President determines sanctions should be imposed in the interest of the national security of the United States.

(b)

Sectors and industries described

The sectors and industries of the Russian Federation described in this subsection are the following:

(1)

Oil and gas extraction and production.

(2)

Metals extraction, mining, and production.

(3)

Minerals extraction and processing.

(4)

Any other sector or industry with respect to which the President determines the imposition of sanctions is in the United States national security interest.

(c)

List; imposition of sanctions

Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report describing efforts by the United States to—

(1)

mitigate the impact of Russian restrictions on natural gas, coal, and oil exports to Europe;

(2)

ensure sufficient energy supplies to Europe in the event of the imposition of the sanctions under subsection (a); and

(3)

implement the requirements under section 209 to address energy supply shortfalls caused by the imposition of sanctions under subsection (a) or the termination of energy supplies by the Russian Federation.

328.

Imposition of sanctions with respect to Belarus related to the build-up of Russian Armed Forces along Ukraine’s border

Upon making an affirmative determination under section 321 and not later than 30 days following such a determination, if the territory of the Republic of Belarus was used as a point of origin for Russian aggression covered by the determination, the President shall impose the sanctions described in section 351 with respect to—

(1)

not fewer than 15 senior officials of the Armed Forces of the Republic of Belarus;

(2)

not fewer than 15 senior officials who are members of the current leadership of the Republic of Belarus; and

(3)

not fewer than 2 of the following financial institutions:

(A)

Belarusbank.

(B)

BPS-Sberbank.

(C)

Belinvestbank.

(D)

The Development Bank of Belarus.

(E)

Alfa Bank Belarus.

(F)

BSB Bank.

329.

Prohibition on investment in occupied Ukrainian territory

The sale, trade, transfer, and investment of goods or services by a United States person in regions of Ukraine occupied by a third country are prohibited until the Secretary of State certifies that each such region is under the jurisdiction of the Government of Ukraine.

C

Other matters

341.

Reports on limitation on exemption from registration under the Foreign Agents Registration Act of 1938, as amended, for persons filing disclosure reports under the Lobbying Disclosure Act of 1995 who are acting on behalf of Russian entities

(a)

In general

Not later than 45 days after the date of enactment of this Act and every 90 days thereafter, the Attorney General, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress with oversight over compliance by an agent of a foreign principal representing interests of the Government of the Russian Federation or entities under the control or influence of the Government of the Russian Federation with the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), a report, the contents of which are described in subsection (b).

(b)

Contents

The report required under subsection (a) shall—

(1)

include a list of all filings made under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during the applicable reporting period described in subsection (c) by any agent of a foreign principal that is based in the Russian Federation or on behalf of any company or economic project that is more than 33-percent owned or controlled by the Government of the Russian Federation, a Russian state-owned enterprise, or an individual on the list described in section 324;

(2)

for each filing that meets the requirements of paragraph (1)—

(A)

list the name of the agent of the foreign principal filing the disclosure and the foreign principal or project on whose behalf the agent is filing; and

(B)

describe the nexus between the foreign principal listed in the registration and the company or economic project that is based in the Russian Federation or more than 33-percent owned or controlled by the Government of the Russian Federation, Russian state-owned enterprise, or an individual described in section 324;

(3)

include a list of all enforcement actions taken under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), or the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during the applicable reporting period described in subsection (c) against an agent of a foreign principal that is based in the Russian Federation or on behalf of any economic project that is more than 33-percent owned or controlled by the Government of the Russian Federation, Russian state-owned enterprise, or an individual on the list described in section 324;

(4)

describe any gaps in oversight or enforcement challenges to combatting abuse of or improper registrations under the exemption under section 3(h) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 613(h)); and

(5)

include an assessment of whether any changes to the exemption under section 3(h) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 613(h)), are necessary to ensure sufficient safeguards against malign influence activities by the Government of the Russian Federation or entities under the control or influence of the Government of the Russian Federation.

(c)

Reporting period

For purposes of a report required under subsection (a), the report shall cover—

(1)

in the case of the initial report, calendar year 2021 and the first quarter of calendar year 2022; and

(2)

in the case of each subsequent report, the quarter of the calendar year preceding the report.

D

General provisions

351.

Sanctions described

The sanctions to be imposed with respect to a foreign person under this title are the following:

(1)

Property blocking

The President shall exercise all of the powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(2)

Restrictions on correspondent and payable-through accounts

In the case of a foreign financial institution, the President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution.

(3)

Aliens inadmissible for visas, admission, or parole

(A)

Visas, admission, or parole

In the case of an alien, the alien is—

(i)

inadmissible to the United States;

(ii)

ineligible to receive a visa or other documentation to enter the United States; and

(iii)

otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(B)

Current visas revoked

(i)

In general

The visa or other entry documentation of an alien described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation is or was issued.

(ii)

Immediate effect

A revocation under clause (i) shall—

(I)

take effect immediately; and

(II)

automatically cancel any other valid visa or entry documentation that is in the alien’s possession.

352.

Implementation; regulations; penalties

(a)

Implementation

The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this title.

(b)

Regulations

The President shall issue such regulations, licenses, and orders as are necessary to carry out this title.

(c)

Penalties

A person that violates, attempts to violate, conspires to violate, or causes a violation of this title or any regulation, license, or order issued to carry out this title shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

353.

Exceptions; waiver

(a)

Exceptions

(1)

Exception for intelligence activities

This title shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.

(2)

Exception for compliance with international obligations and law enforcement activities

Sanctions under this title shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—

(A)

to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or

(B)

to carry out or assist law enforcement activity in the United States.

(3)

Humanitarian exception

Sanctions under this title shall not apply with respect to any person for conducting or facilitating a transaction for the provision (including any sale) of agricultural commodities, food, medicine, or medical devices to the Russian Federation.

(b)

National security waiver

The President may waive the imposition of sanctions under this title with respect to a person if the President—

(1)

determines that such a waiver is in the national security interests of the United States; and

(2)

submits to the appropriate committees of Congress a notification of the waiver and the reasons for the waiver.

354.

Termination

The President may terminate the sanctions imposed under this title after determining and certifying to the appropriate committees of Congress that the Government of the Russian Federation has—

(1)

verifiably withdrawn all of its forces from all territory of Ukraine that was not occupied or subject to control by forces or proxies of the Government of the Russian Federation before December 1, 2021;

(2)

ceased supporting proxies in such territory; and

(3)

entered into an agreed settlement with a legitimate democratic government of Ukraine.

IV

Humanitarian assistance to Ukraine

401.

Humanitarian assistance to Ukraine

(a)

Sense of Congress

It is the sense of Congress that the United States Government, in coordination with international organizations, other donors, and local partners, must be prepared to launch an immediate and targeted humanitarian response to avert disaster in the event of a Russian invasion into Ukraine.

(b)

Assistance described

(1)

In general

The Secretary of State and the Administrator of the United States Agency for International Development, consistent with the authorities under chapters 1 and 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 22 U.S.C. 2292 et seq.), shall accelerate contingency planning for an immediate humanitarian response to a Russian invasion into Ukraine, including, as practicable and appropriate, support for—

(A)

the prepositioning of food and non-food humanitarian commodities;

(B)

the recruitment of staff and enabling mechanisms for disaster assistance response teams;

(C)

medical support for civilian casualties of conflict;

(D)

assistance for internally displaced persons and the communities hosting them;

(E)

the adaptation and expansion of transition initiatives that promote stabilization and early recovery; and

(F)

protection services for humanitarian actors and civil society organizations working to address humanitarian needs and build resilience to Russian aggression.

(c)

Congressional briefing

Not later than 5 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall brief the appropriate congressional committees on the comprehensive United States Government strategy to avert a humanitarian catastrophe in Ukraine.

402.

Limitations on humanitarian assistance

(a)

Limitation

None of the funds authorized to be appropriated or otherwise made available by this Act may be made available for assistance for the Government of the Russian Federation.

(b)

Annexation of Crimea

(1)

Prohibition

(A)

In general

None of the funds authorized to be appropriated or otherwise made available by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the House of Representatives has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea or any other territory in Ukraine.

(B)

Waiver

The Secretary may waive the restriction on assistance under subparagraph (A) if the Secretary determines and reports to the committees described in such subparagraph that the waiver is in the national security interest of the United States, and includes a justification for such interest.

(2)

Limitation

None of the funds authorized to be appropriated or otherwise made available by this Act may be made available for—

(A)

the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or any other territory in Ukraine;

(B)

the facilitation, financing, or guarantee of United States Government investments in Crimea or other territory in Ukraine under the control of the Government of the Russian Federation or Russian-backed separatists, if such activity includes the participation of officials of the Government of the Russian Federation or other Russian-owned or -controlled financial entities; or

(C)

assistance for Crimea or other territory in Ukraine under the control of the Government of the Russian Federation or Russian-backed separatists, if such assistance includes the participation of Russian Government officials of the Government of the Russian Federation or other Russian-owned or -controlled financial entities.

(3)

International financial institutions

The Secretary of the Treasury shall instruct the United States executive directors of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institution (including any loan, credit, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine.

(4)

Duration

The requirements and limitations of this subsection shall cease to be in effect if the President certifies to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives that the Government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of the Government of the Russian Federation or Russian-backed separatists and the Government of the Russian Federation has returned to their garrisons all troops currently on the internationally recognized border of Ukraine as of February 1, 2022.

V

General provisions

501.

Sunset

The provisions of titles I, II, and IV shall terminate on the date that is 5 years after the date of the enactment of this Act.

502.

Exception relating to importation of goods

(a)

In general

Notwithstanding any other provision of this Act, the authority or a requirement to impose sanctions under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods.

(b)

Good defined

In this section, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.

503.

Prohibition of funds

No funds appropriated or authorized to be appropriated in this Act may be used to support—

(1)

any entity occupying the seat of government in Ukraine which is not internationally recognized as the legitimate government of Ukraine; or

(2)

any entity under the direct control of the Government of the Russian Federation.