In the nature of a substitute.

SA 2867. Mr. REID (for Mr. Menendez (for himself and Mr. Corker))
proposed an amendment to the bill H.R. 4152, to provide for the costs
of loan guarantees for Ukraine; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Support for the Sovereignty,
Integrity, Democracy, and Economic Stability of Ukraine Act
of 2014''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Alien.--The term ``alien'' has the meaning given that
term in section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Select
Committee on Intelligence, the Committee on Appropriations,
and the majority leader and minority leader of the Senate;
and
(B) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, the Committee on Appropriations,
and the Speaker and minority leader of the House of
Representatives.
(3) Materially assisted.--The term ``materially assisted''
means the provision of assistance that is significant and of
a kind directly relevant to acts described in paragraph (1),
(2), or (3) of section 8(a) or acts described in section
9(a)(1).
(4) 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 of any jurisdiction within the United States, including a
foreign branch of such an entity.

SEC. 3. UNITED STATES POLICY TOWARD UKRAINE.

It is the policy of the United States--
(1) to condemn the unjustified military intervention of the
Russian Federation in the Crimea region of Ukraine and its
concurrent occupation of that region, as well as any other
form of political, economic, or military aggression against
Ukraine;
(2) to reaffirm the commitment of the United States to, and
to remind Russia of its ongoing commitment to, the 1994
Budapest Memorandum on Security Assurances, which was
executed jointly with the Russian Federation and the United
Kingdom and explicitly secures the independence, sovereignty,
and territorial integrity and borders of Ukraine, and to
demand the immediate cessation of improper activities,
including the seizures of airfields and other locations, and
the immediate return of Russian forces to their barracks;
(3) to work with United States partners in the European
Union, the North Atlantic Treaty Organization, and at the
United Nations to ensure that all nations recognize and not
undermine, nor seek to undermine, the independence,
sovereignty, or territorial or economic integrity of Ukraine;
(4) to use all appropriate economic elements of United
States national power, in coordination with United States
allies, to protect the independence, sovereignty, and
territorial and economic integrity of Ukraine;
(5) to support the people of Ukraine in their desire to
forge closer ties with Europe, including signing an
Association Agreement with the European Union as a means to
address endemic corruption, consolidate democracy, and
achieve sustained prosperity;
(6) to use the voice and vote of the United States to
secure sufficient resources through the International
Monetary Fund to support needed economic structural reforms
in Ukraine under conditions that will reinforce a sovereign
decision by the Government of Ukraine to sign and implement
an association agreement with the European Union;
(7) to help the Government of Ukraine prepare for the
presidential election in May 2014;
(8) to reinforce the efforts of the Government of Ukraine
to bring to justice those responsible for the acts of
violence against peaceful protestors and other unprovoked
acts of violence related to the antigovernment protests in
that began on November 21, 2013;
(9) to support the efforts of the Government of Ukraine to
recover and return to the Ukrainian state funds stolen by
former President Yanukovych, his family, and other current
and former members of the Ukrainian government and elites;
(10) to support the continued professionalization of the
Ukrainian military;
(11) to condemn economic extortion by the Russian
Federation against Ukraine, Moldova, Lithuania, and other
countries in the region designed to obstruct closer ties
between the European Union and the countries of the Eastern
Partnership and to reduce the harmful consequences of such
extortion;
(12) to condemn the continuing and long-standing pattern
and practice by the Government of the Russian Federation of
physical and economic aggression toward neighboring
countries;
(13) to enhance and extend our security cooperation with,
security assistance to, and military exercises conducted
with, states in Central and Eastern Europe, including North
Atlantic Treaty Organization (NATO) member countries, NATO
aspirants, and appropriate Eastern Partnership countries;
(14) to reaffirm United States defense commitments to its
treaty allies under Article V of the North Atlantic Treaty;
(15) that the continued participation of the Russian
Federation in the Group of Eight

[[Page S1737]]

(G-8) nations should be conditioned on the Government of the
Russian Federation respecting the territorial integrity of
its neighbors and accepting and adhering to the norms and
standards of free, democratic societies as generally
practiced by every other member nation of the G-8 nations;
(16) to explore ways for the United States Government to
assist the countries of Central and Eastern Europe to
diversify their energy sources and achieve energy security;
and
(17) to ensure the United States maintains its predominant
leadership position and influence within the International
Monetary Fund, and to guarantee the International Monetary
Fund has the resources and governance structure necessary to
support structural reforms in Ukraine and respond to and
prevent a potentially serious financial crisis in Ukraine or
other foreign economic crises that threatens United States
national security.

SEC. 4. PROVISION OF COSTS OF LOAN GUARANTEES FOR UKRAINE.

(a) In General.--From the unobligated balance of amounts
appropriated or otherwise made available under the heading
``economic support fund'' under the heading ``Funds
Appropriated to the President'' in title III of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76)
and in Acts making appropriations for the Department of
State, foreign operations, and related programs for preceding
fiscal years (other than amounts designated pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A))), amounts
shall be made available for the costs (as defined in section
502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a))
of loan guarantees for Ukraine that are hereby authorized to
be provided under this Act.
(b) Inapplicability of Certain Limitations.--Amounts made
available for the costs of loan guarantees for Ukraine
pursuant to subsection (a) shall not be considered
``assistance'' for the purpose of provisions of law limiting
assistance to Ukraine.

SEC. 5. RECOVERY OF ASSETS LINKED TO GOVERNMENTAL CORRUPTION
IN UKRAINE.

(a) Asset Recovery.--The Secretary of State, in
coordination with the Attorney General and the Secretary of
the Treasury, shall assist, on an expedited basis as
appropriate, the Government of Ukraine to identify, secure,
and recover assets linked to acts of corruption by Viktor
Yanukovych, members of his family, or other former or current
officials of the Government of Ukraine or their accomplices
in any jurisdiction through appropriate programs, including
the Kleptocracy Asset Recovery Initiative of the Department
of Justice.
(b) Coordination.--Any asset recovery efforts undertaken
pursuant to subsection (a) shall be coordinated through the
relevant bilateral or multilateral entities, including, as
appropriate, the Egmont Group of Financial Intelligence
Units, the Stolen Asset Recovery Initiative of the World Bank
Group and the United Nations Office on Drugs and Crime, the
Camden Asset Recovery Inter-Agency Network, and the Global
Focal Point Initiative of the International Criminal Police
Organization (INTERPOL).
(c) Investigative Assistance.--The Secretary of State, in
coordination with the Attorney General, shall assist the
Government of Ukraine, the European Union, and other
appropriate countries, on an expedited basis, with formal and
informal investigative assistance and training, as
appropriate, to support the identification, seizure, and
return to the Government of Ukraine of assets linked to acts
of corruption.
(d) Priority Assigned.--The Secretary of the Treasury shall
ensure that the Financial Crimes Enforcement Network of the
Department of the Treasury assists the Government of Ukraine,
the European Union, and other appropriate countries under
section 314(a) of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001 (31 U.S.C. 5311 note).

SEC. 6. DEMOCRACY, CIVIL SOCIETY, GOVERNANCE, AND TECHNICAL
ASSISTANCE FOR UKRAINE AND OTHER STATES IN
CENTRAL AND EASTERN EUROPE.

(a) In General.--The Secretary of State shall, subject to
the availability of appropriations, directly or through
nongovernmental organizations--
(1) improve democratic governance, transparency,
accountability, rule of law, and anti-corruption efforts in
Ukraine;
(2) support efforts by the Government of Ukraine to foster
greater unity among the people and regions of the country;
(3) support the people and Government of Ukraine in
preparing to conduct and contest free and fair elections,
including through domestic and international election
monitoring;
(4) assist in diversifying Ukraine's economy, trade, and
energy supplies, including at the national, regional, and
local levels;
(5) strengthen democratic institutions and political and
civil society organizations in Ukraine;
(6) expand free and unfettered access to independent media
of all kinds in Ukraine and assist with the protection of
journalists and civil society activists who have been
targeted for free speech activities;
(7) support political and economic reform initiatives by
Eastern Partnership countries; and
(8) support the efforts of the Government of Ukraine, civil
society, and international organizations to enhance the
economic and political empowerment of women in Ukraine and to
prevent and address violence against women and girls in
Ukraine, and support the inclusion of women in Ukraine in any
negotiations to restore Ukraine's security, independence,
sovereignty, or territorial or economic integrity.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of State $50,000,000 for
fiscal year 2015 to carry out the activities set forth in
subsection (a). Amounts appropriated for the activities set
forth in subsection (a) shall be used pursuant to the
authorization and requirements contained in this section.
Additional amounts may be authorized to be appropriated under
other provisions of law.
(c) Strategy Requirement.--Not later than 60 days after the
date of the enactment of this Act, the President shall submit
to the appropriate congressional committees a strategy to
carry out the activities set forth in subsection (a).
(d) Notification Requirement.--
(1) In general.--Funds appropriated or otherwise made
available pursuant to subsection (b) may not be obligated
until 15 days after the date on which the President has
provided notice of intent to obligate such funds to the
appropriate congressional committees.
(2) Waiver.--The President may waive the notification
requirement under paragraph (1) if the President determines
that failure to do so would pose a substantial risk to human
health or welfare, in which case notification shall be
provided as early as practicable, but in no event later than
three days after taking the action to which such notification
requirement was applicable in the context of the
circumstances necessitating such waiver.

SEC. 7. ENHANCED SECURITY COOPERATION WITH UKRAINE AND OTHER
COUNTRIES IN CENTRAL AND EASTERN EUROPE.

(a) In General.--The President shall, subject to the
availability of appropriations--
(1) enhance security cooperation efforts and relationships
amongst countries in Central and Eastern Europe and among the
United States, the European Union, and countries in Central
and Eastern Europe;
(2) provide additional security assistance, including
defense articles and defense services (as those terms are
defined in section 47 of the Arms Export Control Act (22
U.S.C. 2794)) and military training, to countries in Central
and Eastern Europe, including Ukraine; and
(3) support greater reform, professionalism, and capacity-
building efforts within the military, intelligence, and
security services in Central and Eastern Europe, including
Ukraine.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the President a total of $100,000,000
for fiscal years 2015 through 2017 to carry out this section.
Amounts appropriated for the activities set forth in
subsection (a) shall be used pursuant to the authorization
and requirements contained in this section. Additional
amounts may be authorized to be appropriated under other
provisions of law.
(c) Strategy Requirement.--Not later than 60 days after the
date of the enactment of this Act, the President shall submit
to the appropriate congressional committees a strategy to
carry out the activities set forth in subsection (a).
(d) Notification Requirement.--
(1) In general.--Funds appropriated or otherwise made
available pursuant to subsection (b) may not be obligated
until 15 days after the date on which the President has
provided notice of intent to obligate such funds to the
appropriate congressional committees and the Committees on
Armed Services of the Senate and the House of
Representatives.
(2) Waiver.--The President may waive the notification
requirement under paragraph (1) if the President determines
that failure to do so would pose a substantial risk to human
health or welfare, in which case notification shall be
provided as early as practicable, but in no event later than
three days after taking the action to which such notification
requirement was applicable in the context of the
circumstances necessitating such waiver.

SEC. 8. SANCTIONS ON PERSONS RESPONSIBLE FOR VIOLENCE OR
UNDERMINING THE PEACE, SECURITY, STABILITY,
SOVEREIGNTY, OR TERRITORIAL INTEGRITY OF
UKRAINE.

(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to--
(1) any person, including a current or former official of
the Government of Ukraine or a person acting on behalf of
that Government, that the President determines has
perpetrated, or is responsible for ordering, controlling, or
otherwise directing, significant acts of violence or gross
human rights abuses in Ukraine against persons associated
with the antigovernment protests in Ukraine that began on
November 21, 2013;
(2) any person that the President determines has
perpetrated, or is responsible for ordering, controlling, or
otherwise directing, significant acts that are intended to
undermine the peace, security, stability, sovereignty, or
territorial integrity of Ukraine, including acts of economic
extortion;
(3) any official of the Government of the Russian
Federation, or a close associate or family member of such an
official, that the President determines is responsible for,

[[Page S1738]]

complicit in, or responsible for ordering, controlling, or
otherwise directing, acts of significant corruption in
Ukraine, including the expropriation of private or public
assets for personal gain, corruption related to government
contracts or the extraction of natural resources, bribery, or
the facilitation or transfer of the proceeds of corruption to
foreign jurisdictions; and
(4) any individual that the President determines materially
assisted, sponsored, or provided financial, material, or
technological support for, or goods or services in support
of, the commission of acts described in paragraph (1), (2),
or (3).
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The exercise of all powers granted to
the President 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 a person determined by the President to be
subject to subsection (a) 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.
(B) Exclusion from the united states and revocation of visa
or other documentation.--In the case of an alien determined
by the President to be subject to subsection (a), denial of a
visa to, and exclusion from the United States of, the alien,
and revocation in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)), of any
visa or other documentation of the alien.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (1)(A) or any regulation, license, or order issued
to carry out paragraph (1)(A) 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.
(3) Exception relating to the importation of goods.--
(A) In general.--The requirement to block and prohibit all
transactions in all property and interests in property under
paragraph (1)(A) shall not include the authority to impose
sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term ``good'' has
the meaning given that term in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415) (as
continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)).
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply
to an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(c) Waiver.--The President may waive the application of
sanctions under subsection (b) 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) on or before the date on which the waiver takes effect,
submits to the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Foreign Affairs and the Committee
on Financial Services of the House of Representatives a
notice of and a justification for the waiver.
(d) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry
out this section.

SEC. 9. SANCTIONS ON PERSONS IN THE RUSSIAN FEDERATION
COMPLICIT IN OR RESPONSIBLE FOR SIGNIFICANT
CORRUPTION.

(a) In General.--The President is authorized and encouraged
to impose the sanctions described in subsection (b) with
respect to--
(1) any official of the Government of the Russian
Federation, or a close associate or family member of such an
official, that the President determines is responsible for,
or complicit in, or responsible for ordering, controlling, or
otherwise directing, acts of significant corruption in the
Russian Federation, including the expropriation of private or
public assets for personal gain, corruption related to
government contracts or the extraction of natural resources,
bribery, or the facilitation or transfer of the proceeds of
corruption to foreign jurisdictions; and
(2) any individual who has materially assisted, sponsored,
or provided financial, material, or technological support
for, or goods or services in support of, an act described in
paragraph (1).
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The exercise of all powers granted to
the President 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 a person determined by the President to be
subject to subsection (a) 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.
(B) Exclusion from the united states and revocation of visa
or other documentation.--In the case of an alien determined
by the President to be subject to subsection (a), denial of a
visa to, and exclusion from the United States of, the alien,
and revocation in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)), of any
visa or other documentation of the alien.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (1)(A) or any regulation, license, or order issued
to carry out paragraph (1)(A) 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.
(3) Exception relating to the importation of goods.--
(A) In general.--The authority to block and prohibit all
transactions in all property and interests in property under
paragraph (1)(A) shall not include the authority to impose
sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term ``good'' has
the meaning given that term in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415) (as
continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)).
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply
to an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(c) Waiver.--The President may waive the application of
sanctions under subsection (b) 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) on or before the date on which the waiver takes effect,
submits to the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Foreign Affairs and the Committee
on Financial Services of the House of Representatives a
notice of and a justification for the waiver.
(d) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry
out this section.

SEC. 10. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE RUSSIAN FEDERATION.

(a) Report.--Not later than June 1, 2015, and June 1 of
each year thereafter through 2020, the Secretary of Defense
shall submit to the specified congressional committees a
report, in both classified and unclassified form, on the
current and future military power of the Russian Federation
(in this section referred to as ``Russia''). The report shall
address the current and probable future course of military-
technological development of the Russian military, the tenets
and probable development of the security strategy and
military strategy of the Government of Russia, and military
organizations and operational concepts, for the 20-year
period following submission of such report.
(b) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) An assessment of the security situation in regions
neighboring Russia.
(2) The goals and factors shaping the security strategy and
military strategy of the Government of Russia.
(3) Trends in Russian security and military behavior that
would be designed to achieve, or that are consistent with,
the goals described in paragraph (2).
(4) An assessment of the global and regional security
objectives of the Government of Russia, including objectives
that would affect the North Atlantic Treaty Organization, the
Middle East, or the People's Republic of China.
(5) A detailed assessment of the sizes, locations, and
capabilities of the nuclear, special operations, land, sea,
and air forces of the Government of Russia.
(6) Developments in Russian military doctrine and training.
(7) An assessment of the proliferation activities of the
Government of Russia and Russian entities, as a supplier of
materials, technologies, or expertise relating to nuclear
weapons or other weapons of mass destruction or missile
systems.
(8) Developments in the asymmetric capabilities of the
Government of Russia, including its strategy and efforts to
develop and deploy cyberwarfare and electronic warfare
capabilities, details on the number of malicious cyber
incidents originating from Russia against Department of
Defense infrastructure, and associated activities originating
or suspected of originating from Russia.

[[Page S1739]]

(9) The strategy and capabilities of space and counterspace
programs in Russia, including trends, global and regional
activities, the involvement of military and civilian
organizations, including state-owned enterprises, academic
institutions, and commercial entities, and efforts to
develop, acquire, or gain access to advanced technologies
that would enhance Russian military capabilities.
(10) Developments in Russia's nuclear program, including
the size and state of Russia's stockpile, its nuclear
strategy and associated doctrines, its civil and military
production capacities, and projections of its future
arsenals.
(11) A description of the anti-access and area denial
capabilities of the Government of Russia.
(12) A description of Russia's command, control,
communications, computers, intelligence, surveillance, and
reconnaissance modernization program and its applications for
Russia's precision guided weapons.
(13) In consultation with the Secretary of Energy and the
Secretary of State, developments regarding United States-
Russian engagement and cooperation on security matters.
(14) Other military and security developments involving
Russia that the Secretary of Defense considers relevant to
United States national security.
(c) Specified Congressional Committees Defined.--In this
section, the term ``specified congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Select Committee on Intelligence, and the
majority leader and minority leader of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Permanent Select Committee on
Intelligence, and the Speaker and minority leader of the
House of Representatives.
______