Short title

This Act may be cited as the

Deterring Authoritarian Hostilities Act of 2022

Definitions

In this Act: (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 congressional committees

The term appropriate congressional committees means—(A)the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Finance, the Select Committee on Intelligence, and the Committee on Rules and Administration of the Senate; and(B)the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Ways and Means, the Permanent Select Committee on Intelligence, and the Committee on House Administration of the House of Representatives. (4)

Appropriate congressional committees and leadership

The term appropriate congressional committees and leadership means—(A)the appropriate congressional committees;(B)the majority leader and minority leader of the Senate; and(C)the Speaker, the majority leader, and the minority leader of the House of Representatives. (5)

Financial institution

The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code. (6)

Foreign financial institution

The term foreign financial institution has the meaning given that term in regulations prescribed by the Secretary of the Treasury. (7)

Foreign person

The term foreign person means a person that is not a United States person.(8)

Good

The term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (9)

Person

The term person means individual or entity.(10)

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 of any jurisdiction within the United States, including a foreign branch of such an entity; or(C)a person in the United States.

Imposition of sanctions with respect to Nord Stream 2 AG

Not later than 30 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) of section 10 of the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 (22 U.S.C. 8909), as added by section 228 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 131 Stat. 911), with respect to Nord Stream 2 AG.

Assessment of infringement of territorial integrity of Ukraine by Russian Federation

(a)

Assessment required

(1)

In general

Not later than 20 days after the date of the enactment of this Act, and every 20 days thereafter, the Director of National Intelligence, in consultation with the Director of the Central Intelligence Agency, the Secretary of State, and the Secretary of Defense, shall transmit to the appropriate congressional committees and leadership an assessment of whether or not the Government of the Russian Federation, or any foreign person acting as an agent of or on behalf of that Government, has engaged, in the preceding 20-day period, in any act that infringes on the integrity of the territory of Ukraine (as in existence on the day before the date of the enactment of this Act).(2)

Form

The assessment required by paragraph (1) shall be submitted in an unclassified form, but any supporting information may be submitted in a classified annex.(b)

Effect of assessment

If the Director of National Intelligence assesses under subsection (a) that the Government of the Russian Federation, or any foreign person acting as an agent of or on behalf of that Government, has engaged, in the preceding 20-day period, in any act described in subsection (a)(1), the President shall impose the sanctions described in section 5.(c)

Congressional requests

Not later than 10 days after receiving a request from the chairman or ranking member of one of the appropriate congressional committees with respect to whether the Government of the Russian Federation, or any foreign person acting as an agent for or on behalf of that Government, has engaged in an act described in subsection (a)(1), the President shall—(1)determine if the Government of the Russian Federation has engaged in such an act; and(2)submit a classified or unclassified report to the committee the chairman or ranking member of which submitted the request with respect to that determination that includes a statement of whether or not the President imposed, or intends to impose, sanctions described section 5.

Imposition of sanctions

(a)

In general

On and after the date on which the Director of National Intelligence assesses under section 4 that the Government of the Russian Federation, or any foreign person acting as an agent of or on behalf of that Government, has engaged in an act that infringes on the territorial integrity of Ukraine, the President shall impose the sanctions described in subsection (c) with respect to a foreign person described in subsection (b).(b)

Foreign persons described

A foreign person described in this subsection is a foreign person that the Secretary of the Treasury, in consultation with the Secretary of State, determines—(1)(A)operates in—(i)the energy, financial, mining, or aerospace sectors of the economy of the Russian Federation; or (ii)any other sector of the economy of the Russian Federation determined by the Secretary of the Treasury, in consultation with the Secretary of State, to support actions or policies that threaten the peace, security, or stability of Ukraine or any other state actor; (B)has directly or indirectly engaged, or attempted to engage, in a significant transaction for the sale, supply, or transfer to or from the Russian Federation of significant goods or services used in connection with a sector of the economy of the Russian Federation described in subparagraph (A); or(C)has knowingly engaged in a significant transaction for the sale, supply, or transfer to or from the Russian Federation of significant goods or services used in connection with a sector of the economy of the Russian Federation described in subparagraph (A);(2)(A)is the President, the Prime Minister, the Minister of Defense, or the Ministry of Defense of the Government of the Russian Federation; or(B)is any entity controlled in whole or in part by an person described subparagraph (A) or a successor to such an entity that benefits the military of the Russian Federation; or(3)is a senior foreign political figure or oligarch in the Russian Federation identified in the report required by section 241(a) of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 131 Stat. 922);(4)knowingly and materially violates, attempts to violate, conspires to violate, or has caused or attempted to cause a violation of any license, order, regulation, or prohibition contained in or issued pursuant to Executive Order 14024 (50 U.S.C. 1701 note; relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation) or this Act;(5)is an adult family member of any person described in any of paragraphs (1) through (4);(6)knowingly facilitates a significant transaction or transactions for or on behalf of a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs (1) through (4);(7)is owned or controlled by, or has acted for or on behalf of, directly or indirectly, a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs (1) through (4); or(8)has knowingly and materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs (1) through (4).(c)

Sanctions described

The sanctions to be imposed with respect to a foreign person described in subsection (b) are the following:(1)

Blocking of property

The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in 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)

Facilitation of certain transactions

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 payable-through account by the foreign financial institution.(3)

Ineligibility for visas, admission, or parole

(A)

Visas, admission, or parole

An alien described in subsection (b) 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

An alien described in subsection (b) is subject to revocation of any visa or other entry documentation, regardless of when the 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.(C)

Public availability of information

Information about the denial or revocation of a visa or other documentation under this paragraph shall be made available to the public.(d)

Determination with respect to certain foreign financial institutions

(1)

In general

Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a determination with respect to whether any foreign financial institution identified in paragraph (2) is a foreign person described in subsection (b).(2)

Foreign financial institution identified

A foreign financial institution identified under this subsection is any of the following:(A)Sberbank.(B)VTB Bank.(C)Gazprombank.(D)Vnesheconombank.(E)Rosselkhozbank.(e)

Extension of period To allow cessation of prohibited business

The President may delay the imposition of sanctions under this section for not more than 30 days if the President certifies to the appropriate congressional committees that the extension—(1)is in the national security interest of the United States; and(2)is necessary to enable non-Russian persons impacted by sanctions under this section to wind down business prohibited as a result of those sanctions.(f)

Congressional requests

Not later than 10 days after receiving a request from the chairman or ranking member of one of the appropriate congressional committees with respect to whether a foreign person is described in subsection (b), the President shall—(1)determine if the person is so described; and(2)submit a classified or unclassified report to the committee the chairman or ranking member of which submitted the request with respect to that determination that includes a statement of whether or not the President imposed or intends to impose sanctions under this section with respect to that person.(g)

Implementation; penalties

(1)

Implementation

The President may exercise all authorities provided 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.(h)

Exceptions

(1)

Humanitarian exception

Sanctions under this section 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.(2)

Exception to comply with international obligations and for law enforcement activities

Sanctions under subsection (c)(3) 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 June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or(B)to carry out or assist law enforcement activity in the United States. (3)

Exception for the importation of goods

The requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions with respect to the importation of goods.(i)

National security waiver

(1)

In general

The President may, on a case-by-case basis, waive the application of sanctions under this section with respect to a person for renewable periods of not to exceed 90 days if the President submits to the appropriate congressional committees a determination in writing that—(A)the waiver is in the vital national security interest of the United States; and(B)failing to use the waiver will cause significant adverse harm to the vital national security interests of the United States.(2)

Sunset

The authority to issue a waiver under paragraph (1) shall terminate on the date that is 2 years after the date of the enactment of this Act.

Prohibition on transactions involving certain Russian debt

(a)

In general

The Secretary of the Treasury shall, pursuant to such regulations as the Secretary may prescribe, prohibit all transactions within the United States or by a United States person in—(1)sovereign debt of the Government of the Russian Federation issued on or after the date of the enactment of this Act, including governmental bonds; and(2)debt of any entity owned or controlled by the Russian Federation issued on or after such date of enactment, including bonds. (b)

Implementation; penalties

(1)

Implementation

The President may exercise all authorities provided 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

Reports on, and authorization of imposition of sanctions with respect to, the provision of financial communications services to the Central Bank of Russian Federation and other persons

(a)

Report on the provision of financial communications services to Central Bank of Russian Federation and other persons

Not later than 30 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a list of all known entities (including SWIFT) that provide financial communications services to, or that enable or facilitate access to such services for, the Central Bank of the Russian Federation or any person subject to sanctions under section 5.(b)

Report on efforts To terminate the provision by SWIFT of services for Central Bank of Russian Federation and other persons

Not later than 10 days after the imposition of sanctions under section 5, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on the status of efforts to ensure that SWIFT has terminated the provision of financial communications services to, and the enabling and facilitation of access to such services for, the Central Bank of the Russian Federation or any person subject to sanctions under section 5.(c)

Authorization for the imposition of sanctions

If, on or after the date that is 10 days after the date on which the report required by subsection (b) is submitted, a global financial communications services provider has not terminated the provision of financial communications services to, and the enabling and facilitation of access to such services for, the Central Bank of the Russian Federation or any person subject to sanctions under section 5, the President may impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the financial communications services provider and the directors of, and shareholders with a significant interest in, the provider. (d)

SWIFT defined

In this section, the term SWIFT means the Society for Worldwide Interbank Financial Telecommunication.

Strategy on coordination with European Union

Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a strategy for how the United States will work with member countries of the European Union to impose sanctions similar to the sanctions imposed under this Act.

Termination

The President may terminate sanctions and other measures imposed under this Act on or after the date on which the Director of National Intelligence, in consultation with the Director of the Central Intelligence Agency, the Secretary of State, and the Secretary of Defense, submits to the appropriate congressional committees and leadership a certification that—(1)the Government of the Russian Federation has withdrawn all military and paramilitary forces from territory under the control of the Government of Ukraine as of the date of the enactment of this Act; and(2)the President has received credible commitments from the Government of the Russian Federation that that Government will not engage in such hostile action in the future.