[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3407 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 3407

             To promote security partnership with Ukraine.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 15, 2021

    Mr. Risch (for himself, Mr. Inhofe, Mr. Rubio, Mr. Toomey, Mr. 
    Barrasso, Mr. Cornyn, Mr. Cotton, Mr. Hagerty, and Mr. Portman) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
             To promote security partnership with Ukraine.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Guaranteeing 
Ukrainian Autonomy by Reinforcing its Defense (GUARD) Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
             TITLE I--A DETERRENCE POLICY REGARDING UKRAINE

Sec. 101. Statement of policy.
Sec. 102. Strategy on United States diplomatic support for Ukraine.
Sec. 103. Special Envoy for Ukraine.
Sec. 104. Potential designation of the Russian Federation as a state 
                            sponsor of terrorism.
Sec. 105. Extension and modification of limitation on military 
                            cooperation between the United States and 
                            the Russian Federation.
  TITLE II--BOLSTERING UKRAINE'S DETERRENCE AGAINST RUSSIAN AGGRESSION

Sec. 201. Appropriate congressional committees defined.
Sec. 202. Amendment to presidential drawdown authority.
Sec. 203. Foreign military financing.
Sec. 204. Expedited excess defense articles transfer program.
Sec. 205. Strategy on excess defense articles from allies.
Sec. 206. Report on Ukrainian capabilities to counter air-based 
                            threats.
Sec. 207. IMET cooperation with Ukraine.
Sec. 208. Strategy on IMET programming in Ukraine.
Sec. 209. Sense of Congress on loan program.
Sec. 210. Strategy to protect Ukraine's defense industry from strategic 
                            competitors.
Sec. 211. Authorization of appropriations.
 TITLE III--SECURING UKRAINE AGAINST RUSSIA'S USE OF ENERGY AS A WEAPON

Sec. 301. Imposition of sanctions with respect to Nord Stream 2.
Sec. 302. Congressional review of waiver under protecting Europe's 
                            Energy Security Act of 2019.
Sec. 303. Application of congressional review under Countering 
                            America's Adversaries Through Sanctions 
                            Act.
Sec. 304. Inclusion of matter relating to Nord Stream 2 in report under 
                            Countering America's Adversaries Through 
                            Sanctions Act.
Sec. 305. Ukraine Security Assistance Initiative.
Sec. 306. Appropriate congressional committees defined.

             TITLE I--A DETERRENCE POLICY REGARDING UKRAINE

SEC. 101. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) support the territorial integrity and sovereignty of 
        Ukraine;
            (2) declassify or downgrade United States intelligence on 
        Russian malign activities in Ukraine, Belarus, and the Baltic 
        and Black Sea nations, kinetic or nonkinetic, to the maximum 
        extent possible, to enable and encourage dissemination to 
        United States allies and partners and to the American public;
            (3) provide critical capabilities, including surface-to-air 
        missiles, air defense systems, anti-ship missiles, anti-tank 
        mines, and others, to Ukraine on an expedited basis;
            (4) encourage near-term, in-person visits by United States 
        and Ukraine leaders to each other's countries; and
            (5) support the rapid deployment of additional observers 
        from the Organization for Security and Cooperation in Europe to 
        monitor the Ukraine-Russian border and report aggressive acts.

SEC. 102. STRATEGY ON UNITED STATES DIPLOMATIC SUPPORT FOR UKRAINE.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report with a strategy on how 
the United States will work to diplomatically support Ukraine during 
fiscal years 2022 through 2026.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) A description of how relevant departments and agencies 
        of the United States Government will work together to 
        collectively support efforts by the Government of Ukraine to 
        deter Russian aggression in the form of military incursions, 
        cyber attacks, the coercive use of energy resources, the 
        disruption of lawful commerce and traffic to Ukrainian ports, 
        use of passportization, efforts to corrupt the Ukrainian 
        political and economic systems, and attempts to manipulate the 
        public through disinformation campaigns.
            (2) A description of the United States current efforts and 
        strategy to support Ukrainian diplomatic initiatives when they 
        align with United States interests.
            (3) A strategy on how the United States will use its voice 
        and vote at the United Nations, OSCE, Council of Europe, NATO, 
        and other relevant international bodies to support Ukraine and 
        its reform efforts.
            (4) A strategy on how the United States will assist Ukraine 
        in bolstering its diplomatic, economic, energy, and maritime 
        relationships with key Black Sea countries, including Bulgaria, 
        Romania, Turkey, and Georgia.
            (5) A strategy on how the United States will engage with 
        Germany, France, Ukraine, and Russia to advance the Normandy 
        Format and Minsk Agreements.
            (6) An assessment of Ukraine's recent progress on anti-
        corruption reforms and a strategy on how the United States will 
        work with allies to continue to engage Ukraine to ensure 
        meaningful progress on democratic, economic, and anti-
        corruption reforms.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate; and
            (2) the Committee on Foreign Affairs of the House of 
        Representatives.

SEC. 103. SPECIAL ENVOY FOR UKRAINE.

    (a) Establishment.--The President should appoint, by and with the 
consent of the Senate, a Special Envoy for Ukraine, who should report 
to the Assistant Secretary of State for Europe and Eurasia.
    (b) Rank.--The Special Envoy for Ukraine shall have the rank and 
status of ambassador.
    (c) Responsibilities.--The Special Envoy for Ukraine should--
            (1) serve as the United States liaison to the Normandy 
        Format, tasked with leading the peace process between Ukraine 
        and the Russian Federation;
            (2) facilitate diplomatic outreach to and dialogue with 
        countries in the Black Sea region that, like Ukraine, are faced 
        with the impact of Russia's growing militarization of the Sea;
            (3) coordinate closely with the Chief of Mission in 
        Ukraine;
            (4) coordinate with the OSCE Special Monitoring Mission to 
        Ukraine; and
            (5) provide the Committee on Foreign Relations of the 
        Senate and the Committee on Foreign Affairs of the House of 
        Representatives regular updates and briefings on the status of 
        peace negotiations.
    (d) Termination.--The Special Envoy for Ukraine position authorized 
under subsection (a) shall terminate 5 years after the date of the 
enactment of this Act.

SEC. 104. POTENTIAL DESIGNATION OF THE RUSSIAN FEDERATION AS A STATE 
              SPONSOR OF TERRORISM.

    (a) In General.--Should the Government of the Russian Federation, 
or any of its proxies, advance their militaries on the territory or 
airspace of Ukraine beyond the area occupied as of December 15, 2021, 
the Secretary of State shall, within 5 days of that advancement, 
designate the Russian Federation as a state sponsor of terrorism.
    (b) State Sponsor of Terrorism Defined.--In this section, the term 
``state sponsor of terrorism'' means a country, the government of which 
the Secretary of State has determined, for purposes of section 
1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 
4813(c)(1)(A)(i)), section 620A of the Foreign Assistance Act of 1961 
(22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 
2780), or any other provision of law, is a government that has 
repeatedly provided support for acts of international terrorism.

SEC. 105. 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, or 
2022''.
    (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).''.

  TITLE II--BOLSTERING UKRAINE'S DETERRENCE AGAINST RUSSIAN AGGRESSION

SEC. 201. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this title, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Armed Services of the House of Representatives.

SEC. 202. AMENDMENT TO PRESIDENTIAL DRAWDOWN AUTHORITY.

    The authority under section 506(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2318(a)) may be exercised during fiscal year 2022 for 
Ukraine to the maximum extent available for that fiscal year, without 
diminishing the dollar limitation available under that section for such 
fiscal year.

SEC. 203. FOREIGN MILITARY FINANCING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Department of State for fiscal year 2022 
$450,000,000 for Foreign Military Financing (FMF) assistance to Ukraine 
to assist the country in meeting its defense needs.
    (b) 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 and the 
Committees on Appropriations of the Senate and 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.
    (c) Prioritization.--Of the funds authorized under this section, 
$100,000,000 shall be set aside to--
            (1) prioritize the development of Ukrainian air defense 
        capabilities, to include weapons systems;
            (2) prioritize the procurement of vessels for the Ukrainian 
        Navy and other articles that bolster the capacity of the 
        Ukrainian Navy to counter Russian maritime aggression and 
        maintain the freedom of innocent passage throughout the Black 
        Sea; and
            (3) ensure adequate planning for maintenance for any 
        equipment provided.
    (d) Authority To Provide Lethal Assistance.--The Secretary of State 
is authorized to provide lethal assistance under this section, 
including anti-armor weapon systems, mortars, crew-served weapons and 
ammunition, grenade launchers and ammunition, anti-tank weapons 
systems, anti-ship weapons systems, anti-aircraft weapons systems, and 
small arms and ammunition.

SEC. 204. EXPEDITED EXCESS DEFENSE ARTICLES TRANSFER PROGRAM.

    (a) In General.--During fiscal years 2022 through 2026, the 
delivery of excess defense articles to Ukraine shall 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 2026, the delivery of excess defense articles to Ukraine shall 
be subject to a 15-day notification requirement.

SEC. 205. STRATEGY ON EXCESS DEFENSE ARTICLES FROM ALLIES.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State in consultation with the 
Secretary of Defense, shall submit to the appropriate congressional 
committees a classified strategy on how the United States will 
encourage third countries to donate excess defense equipment to 
Ukraine.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) A listing of all friendly and allied nations that have 
        excess defense material that may be compatible with the needs 
        and systems utilized by the Armed Forces of Ukraine, including 
        air defense systems, small arms and ammunition, artillery and 
        multiple-launch rocket systems, and anti-tank systems.
            (2) A description of the diplomatic efforts undertaken by 
        the United States Government to encourage allied nations to 
        donate their excess defense articles to Ukraine on an expedited 
        basis.

SEC. 206. REPORT ON UKRAINIAN CAPABILITIES TO COUNTER AIR-BASED 
              THREATS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense and the Secretary of 
State shall jointly submit to the appropriate committees of Congress a 
report on the capabilities of Ukraine to counter air-based threats.
    (b) Elements.--The report submitted under subsection (a) shall 
include the following elements:
            (1) An assessment of the risk to the armed forces of 
        Ukraine posed by aerial threats, including current threats from 
        weaponized unmanned aerial vehicles, manned aircraft, and 
        missile and rocket attacks.
            (2) An assessment of the current defensive capabilities of 
        Ukraine to counter the threats described in paragraph (1) and 
        assessed gaps in capabilities to address such threats.
            (3) A description of current efforts to build the defensive 
        capabilities of Ukraine, an assessment of potential options for 
        additional United States security assistance to address 
        shortfalls identified pursuant to paragraph (2), and any 
        considerations with regard to absorption capacity, maintenance, 
        and sustainment.

SEC. 207. INTERNATIONAL MILITARY EDUCATION AND TRAINING COOPERATION 
              WITH UKRAINE.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of State $4,000,000 for each of fiscal 
years 2022 through 2026 for International Military Education and 
Training (IMET) assistance for Ukraine. The assistance shall be made 
available for the following purposes:
            (1) Training of future leaders.
            (2) Fostering a better understanding of the United States.
            (3) Establishing a rapport between the United States Armed 
        Forces and Ukraine's military to build partnerships for the 
        future.
            (4) Enhancement of interoperability and capabilities for 
        joint operations.
            (5) Focusing on professional military education, civilian 
        control of the military, and human rights.
    (b) 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 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 a notification containing the following elements:
            (1) A detailed description of the assistance or support to 
        be provided, including--
                    (A) the objectives of such assistance or support;
                    (B) the budget for such assistance or support; and
                    (C) the expected or estimated timeline for delivery 
                of such assistance or support.
            (2) A description of such other matters as the Secretary 
        considers appropriate.

SEC. 208. STRATEGY ON IMET PROGRAMMING IN UKRAINE.

    (a) Sense of Congress.--It is the sense of Congress that 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 Ukrainian Armed Forces.
    (b) In General.--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 strategy for the implementation 
of the IMET program in Ukraine authorized under section 207.
    (c) 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 
        Ukrainian military's reform efforts in line with NATO 
        standards.
            (2) An assessment of the education and training 
        requirements of the Ukrainian military 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 
        Ukrainian military 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.
    (d) Form.--The strategy required under subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex.

SEC. 209. SENSE OF CONGRESS ON LOAN PROGRAM.

    It is the sense of Congress that--
            (1) as appropriate, the United States Government should 
        provide direct loans to Ukraine for the procurement of defense 
        articles, defense services, and design and construction 
        services pursuant to the authority of section 23 of the Arms 
        Export Control Act (22 U.S.C. 2763) to support the further 
        development of Ukraine's military forces; and
            (2) such loans should be considered an additive security 
        assistance tool, and not a substitute for Foreign Military 
        Financing for grant assistance or Ukraine Security Assistance 
        Initiative programming.

SEC. 210. STRATEGY TO PROTECT UKRAINE'S DEFENSE INDUSTRY FROM STRATEGIC 
              COMPETITORS.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States should work with the Government of Ukraine to ensure strategic 
assets and companies in Ukraine's aerospace and defense sector are not 
subject to foreign ownership, control, or undue influence by strategic 
competitors to the United States, such as the People's Republic of 
China (PRC). These efforts will require support from across the 
executive branch and should leverage all available tools and 
authorities.
    (b) Strategy Required.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the President, acting through the 
        Secretary of Defense and the Secretary of State and in 
        consultation with the heads of other relevant Departments and 
        agencies as the President may determine, shall submit to the 
        appropriate committees of Congress a strategy to support 
        Ukraine in protecting its aerospace and defense industry from 
        predatory investments.
            (2) Elements.--The strategy required under paragraph (1) 
        shall include the following elements:
                    (A) An assessment of the efforts by strategic 
                competitors, such as the PRC, to acquire strategic 
                assets and companies in Ukraine's aerospace and defense 
                sector and the national security implications for 
                Ukraine, the United States, and other NATO allies and 
                partners.
                    (B) An assessment of the vulnerabilities that 
                strategic competitors of the United States exploit to 
                acquire strategic assets in the Ukrainian aerospace and 
                defense sector, Ukraine's progress in addressing them, 
                and United States initiatives to support these efforts 
                such as assistance in strengthening Ukraine's 
                investment screening and national security vetting 
                laws.
                    (C) An assessment of Ukraine's efforts to make 
                reforms necessary to incentivize Western investment in 
                Ukraine's aerospace and defense sector and United 
                States support for these efforts.
                    (D) A strategy to--
                            (i) promote, as appropriate, United States 
                        direct investment in Ukraine's aerospace and 
                        defense sector;
                            (ii) better leverage tools like debt 
                        financing, equity investments, and political 
                        risk insurance to incentivize greater 
                        participation by United States firms;
                            (iii) provide an alternative to PRC 
                        investments; and
                            (iv) engage like-minded allies and partners 
                        on these efforts.
            (3) Form.--The strategy required under paragraph (1) shall 
        be submitted in classified form.

SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Department of State $50,000,000 for each of the fiscal years 2022 
through 2026 for the purposes described in subsection (b) with respect 
to Ukraine.
    (b) Use of Funds.--Amounts appropriated pursuant to subsection (a) 
may only be used--
            (1) to strengthen Ukraine's cyber security, cyber 
        resilience and intellectual property enforcement;
            (2) to provide support and training in Ukraine for--
                    (A) sectoral reforms related to banking and public 
                finance management reform;
                    (B) the privatization of state-owned enterprises;
                    (C) regulatory independence;
                    (D) subsidy reform;
                    (E) land reform;
                    (F) corporate governance; and
                    (G) foreign investment screening;
            (3) to combat corruption, improve the rule of law, and 
        otherwise strengthen independent legal institutions, including 
        by--
                    (A) expanding regional anti-corruption training and 
                exchanges among Ukrainian Ministry officials, law 
                enforcement officers, judges, and prosecutors to build 
                peer support, share best practices, maintain reform 
                momentum, and protect reforms from capture; and
                    (B) supporting regional training of United States 
                Embassy personal responsible for supporting anti-
                corruption and the rule of law to improve their 
                effectiveness in supporting the consolidation and 
                expansion of reform;
            (4) to respond to the humanitarian crises caused or 
        aggravated by the invasion and occupation of Ukraine by the 
        Russian Federation, including by supporting internally 
        displaced persons and communities in conflict-affected areas;
            (5) to improve participatory legislative processes in 
        Ukraine, including through--
                    (A) engagement with members of the Verkhovna Rada;
                    (B) training on government oversight, legal 
                education, political transparency and competition, and 
                compliance with international obligations; and
                    (C) supporting the development of professional 
                legislative staff to advise and assist member of the 
                Verkhovna Rada and committees in the execution of their 
                duties and build legal and policy expertise within the 
                Verkhovna Rada; and
            (6) to further build the capacity of civil society, 
        independent media, human rights, and other nongovernmental 
        organizations in Ukraine, with an emphasis on--
                    (A) building capacity outside of Kyiv; and
                    (B) regional civil society training and exchange 
                programs.

 TITLE III--SECURING UKRAINE AGAINST RUSSIA'S USE OF ENERGY AS A WEAPON

SEC. 301. 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, the President shall--
            (1) impose sanctions under subsection (b) with respect to 
        any corporate officer of an entity established for or 
        responsible for the planning, construction, or operation of the 
        Nord Stream 2 pipeline or a successor entity; and
            (2) impose sanctions under subsection (c) with respect to 
        any entity described in paragraph (1).
    (b) Ineligibility for Visas, Admission, or Parole of Identified 
Persons and Corporate Officers.--
            (1) Visas, admission, or parole.--An alien described in 
        subsection (a)(1) is--
                    (A) inadmissible to the United States;
                    (B) ineligible to receive a visa or other 
                documentation to enter the United States; and
                    (C) 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.).
            (2) Current visas revoked.--
                    (A) In general.--The visa or other entry 
                documentation of an alien described in subsection 
                (a)(1) shall be revoked, regardless of when such visa 
                or other entry documentation is or was issued.
                    (B) 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.
    (c) Blocking of Property of Identified Persons.--The President 
shall exercise 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 an entity described in subsection (a)(1) 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.
    (d) Exceptions.--
            (1) Exception for intelligence, law enforcement, and 
        national security activities.--Sanctions under this section 
        shall not apply to any authorized intelligence, law 
        enforcement, or national security activities of the United 
        States.
            (2) Exception to comply with united nations headquarters 
        agreement.--Sanctions under this section shall not apply with 
        respect to the admission of an alien to the United States if 
        the admission of the alien 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, the Convention on Consular 
        Relations, done at Vienna April 24, 1963, and entered into 
        force March 19, 1967, or other applicable international 
        obligations.
            (3) Exception relating to importation of goods.--
                    (A) In general.--Notwithstanding any other 
                provision of this section, the authorities and 
                requirements to impose sanctions under this section 
                shall not include the authority or a requirement to 
                impose sanctions on the importation of goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or man-made 
                substance, material, supply or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
    (e) Conditions for Removal of Sanctions.--Subject to review by 
Congress under section 216 of the Countering America's Adversaries 
Through Sanctions Act (22 U.S.C. 9511), the President may waive the 
application of sanctions under this section if the President--
            (1) determines that the waiver is in the national security 
        interest of the United States; and
            (2) submits to the appropriate committees of Congress a 
        report on the waiver and the reason for the waiver.
    (f) Implementation; Penalties.--
            (1) 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 section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or any regulation, license, or order issued to carry 
        out this section 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.
    (g) Sunset.--The authority to impose sanctions under this section 
shall terminate on the date that is 5 years after the date of the 
enactment of this Act.
    (h) Definitions.--In this section:
            (1) Admission; admitted; alien.--The terms ``admission'', 
        ``admitted'', and ``alien'' have the meanings given those terms 
        in section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101).
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives.
            (3) 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;
                    (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; 
                or
                    (C) any person within the United States.

SEC. 302. CONGRESSIONAL REVIEW OF WAIVER UNDER PROTECTING EUROPE'S 
              ENERGY SECURITY ACT OF 2019.

    Section 7503(f) 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, 
in the matter preceding paragraph (1), by striking ``The President'' 
and inserting ``Subject to review by Congress under section 216 of the 
Countering America's Adversaries Through Sanctions Act (22 U.S.C. 
9511), the President''.

SEC. 303. APPLICATION OF CONGRESSIONAL REVIEW UNDER COUNTERING 
              AMERICA'S ADVERSARIES THROUGH SANCTIONS ACT.

    Section 216(a)(2) of the Countering America's Adversaries Through 
Sanctions Act (22 U.S.C. 9511(a)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by inserting ``(other than 
                sanctions described in clause (i)(IV) of that 
                subparagraph)'' after ``subparagraph (B)''; and
                    (B) in clause (ii), by inserting ``or otherwise 
                remove'' after ``waive''; and
            (2) in subparagraph (B)(i)--
                    (A) in subclause (II), by striking ``; or'' and 
                inserting a semicolon;
                    (B) in subclause (III), by striking ``; and'' and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
                                    ``(IV) 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); or
                                    ``(V) section 301 of the 
                                Guaranteeing Ukrainian Autonomy by 
                                Reinforcing its Defense (GUARD) Act of 
                                2021; and''.

SEC. 304. INCLUSION OF MATTER RELATING TO NORD STREAM 2 IN REPORT UNDER 
              COUNTERING AMERICA'S ADVERSARIES THROUGH SANCTIONS ACT.

    Each report submitted under section 216(a)(1) of the Countering 
America's Adversaries Through Sanctions Act (22 U.S.C. 9511(a)(1)) 
relating to sanctions under section 301 of this Act or 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) shall include--
            (1) an assessment of the security risks posed by Nord 
        Stream 2, including--
                    (A) the presence along Nord Stream 2 or Nord Stream 
                1 infrastructure or pipeline corridors of undersea 
                surveillance systems and sensors, fiber optic 
                terminals, or other systems that are capable of 
                conducting military or intelligence activities 
                unrelated to civilian energy transmission, including 
                those designed to enhance Russian Federation anti-
                submarine warfare, surveillance, espionage, or sabotage 
                capabilities;
                    (B) the use of Nord Stream-affiliated 
                infrastructure, equipment, personnel, vessels, 
                financing, or other assets--
                            (i) to facilitate, carry out, or conceal 
                        Russian Federation maritime surveillance, 
                        espionage, or sabotage activities;
                            (ii) to justify the presence of Russian 
                        Federation naval vessels or military personnel 
                        or equipment in international waters or near 
                        North Atlantic Treaty Organization or partner 
                        countries;
                            (iii) to disrupt freedom of navigation; or
                            (iv) to pressure or intimidate countries in 
                        the Baltic Sea;
                    (C) the involvement in the Nord Stream 2 pipeline 
                or its affiliated entities of current or former 
                Russian, Soviet, or Warsaw Pact intelligence and 
                military personnel and any business dealings between 
                Nord Stream 2 and entities affiliated with the 
                intelligence or defense sector of the Russian 
                Federation; and
                    (D) malign influence activities of the Government 
                of the Russian Federation, including strategic 
                corruption and efforts to influence European 
                decisionmakers, supported or financed through the Nord 
                Stream 2 pipeline;
            (2) an assessment of whether the Russian Federation 
        maintains gas transit through Ukraine at levels consistent with 
        the volumes set forth in the Ukraine-Russian Federation gas 
        transit agreement of December 2019 and continues to pay the 
        transit fees specified in that agreement;
            (3) an assessment of the status of negotiations between the 
        Russian Federation and Ukraine to secure an agreement to extend 
        gas transit through Ukraine beyond the expiration of the 
        agreement described in paragraph (2);
            (4) an assessment of whether the United States and Germany 
        have agreed on a common definition for energy ``weaponization'' 
        and the associated triggers for sanctions and other enforcement 
        actions, pursuant to the Joint Statement of the United States 
        and Germany on support for Ukraine, European energy security, 
        and our climate goals, dated July 21, 2021; and
            (5) a description of the consultations with United States 
        allies and partners in Europe, including Ukraine, Poland, and 
        the countries in Central and Eastern Europe most impacted by 
        the Nord Stream 2 pipeline concerning the matters agreed to, as 
        described in paragraph (4).

SEC. 305. UKRAINE SECURITY ASSISTANCE INITIATIVE.

    There is authorized to be appropriated $50,000,000 for fiscal year 
2022 for the Ukraine Security Assistance Initiative for the purpose of 
providing lethal aid assistance. Such amount is in addition to any 
other amounts appropriated or otherwise made available for such fiscal 
year for such purposes.

SEC. 306. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this title, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives.
                                 <all>