[Congressional Record Volume 166, Number 208 (Wednesday, December 9, 2020)]
[Extensions of Remarks]
[Page E1125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON H.R. 6395, WILLIAM M. (MAC) THORNBERRY NATIONAL 
             DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2021

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                               speech of

                          HON. ELIOT L. ENGEL

                              of new york

                    in the house of representatives

                       Tuesday, December 8, 2020

  Mr. ENGEL. Mr. Speaker, I rise today to address section 1242 of 
William M. (Mac) Thornberry National Defense Authorization Act (NDAA) 
for Fiscal Year 2021, Clarification and Expansion of Sanctions relating 
to Construction of Nord Stream 2 or TurkStream Projects.
  On July 20th of this year during House consideration of this bill, I 
rose in opposition to the amendment that added this provision to the 
NDAA, which targeted the Nord Stream 2 project with additional 
sanctions. I was concerned that these sanctions would target the wrong 
entities. Rather than deterring Russia and Putin, I was worried that it 
would be used to target European or American companies.
  Fortunately, through the conference process, in which I was a 
conferee as Chairman of the House Foreign Affairs Committee, we were 
able to improve on the language that passed the initial House and 
Senate bills. The conferees decided to include an exception for certain 
governments and governmental entities. This change was an important and 
appropriate fix to ensure our allies and partners would not be targeted 
by sanctions under this provision.
  As a conferee on this provision, I want to make clear that the term 
``government'' means any level of government in those countries, 
including local and municipal governmental entities or authorities, and 
the term ``business enterprise'' does not include any entity that 
performs any public functions or otherwise has any public 
responsibilities.
  I also want to commend my fellow conferees for agreeing to expand and 
include new language requiring, before the imposition of any sanctions 
pursuant to this provision, consultations by the Secretary of State 
with the governments of Norway, Switzerland, the United Kingdom, and 
member countries of the European Union. It is imperative that these 
consultations are true exchanges of views with the governments 
described, including EU member countries and institutions, conducted 
well before any sanctions would be imposed. The consultations must be 
deliberative and meaningful, and should take place at the Foreign 
Minister level or higher. Simple notification of a determination to 
proceed with the imposition of sanctions is not a consultation and 
would not fulfil the requirements of section 1242.
  Mr. Speaker, I would like to express my appreciation to my House and 
Senate colleagues for working with me to make sure this extremely 
difficult issue is handled with precision. In this revised provision, I 
think we got much closer to that goal.

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