[Congressional Record Volume 167, Number 205 (Monday, November 29, 2021)]
[Senate]
[Pages S8795-S8796]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4859. Mr. RISCH (for himself, Mr. Portman, Mr. Cruz, Mr. Barrasso, 
Mr. Johnson, Mr. Cotton, Mr. Daines, and Mr. Wicker) submitted an 
amendment intended to be proposed to amendment SA 3867 proposed by Mr. 
Reed to the bill H.R. 4350, to authorize appropriations for fiscal year 
2022 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle D of title XII, add the following:

     SEC. 1237. 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) In general.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a)(1) 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 subsection (a)(1) 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.

       (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) 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 congressional committees a 
     report on the waiver and the reason for the waiver.
       (e) 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.
       (f) 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.

[[Page S8796]]

       (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.
       (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 congressional committees.--The term 
     ``appropriate congressional committees'' 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. 1238. 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. 1239. 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 1237 of the National Defense Authorization 
     Act for Fiscal Year 2022; and''.

     SEC. 1240. 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 1237 
     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 decision-makers, 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); and
       (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).
                                 ______