[Congressional Record Volume 167, Number 205 (Monday, November 29, 2021)]
[Senate]
[Pages S8796-S8798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4860. Mr. MENENDEZ 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 title XII, add the following:

Subtitle H--Sanctions Relating to the Actions of the Russian Federation 
                        With Respect to Ukraine

     SEC. 1291. DEFINITIONS.

       In this subtitle:
       (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) Defense article; defense service.--The terms ``defense 
     article'' and ``defense service'' have the meanings given 
     those terms in section 47 of the Arms Export Control Act (22 
     U.S.C. 2794).
       (4) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (M), or (Y) of section 5312(a)(2) of title 31, United 
     States Code.
       (5) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     regulations prescribed by the Secretary of the Treasury.
       (6) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (7) Knowingly.--The term ``knowingly'' with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (8) 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 any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 1292. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) it is in the national security interests of the United 
     States to continue and deepen the security partnership 
     between the United States and Ukraine, including through 
     providing both lethal and non-lethal assistance to Ukraine;
       (2) aggression and malign influence by the Government of 
     the Russian Federation in Ukraine is a threat to the 
     democratic sovereignty of Ukraine, a valued and key partner 
     of the United States;
       (3) economic and financial sanctions, when used as part of 
     a coordinated and comprehensive strategy, are a powerful tool 
     to advance United States foreign policy and national security 
     interests;
       (4) the United States should expedite the provision of 
     lethal and non-lethal assistance to Ukraine, and use all 
     available tools to

[[Page S8797]]

     support and bolster the defense of Ukraine against potential 
     aggression and military escalation by the Government of the 
     Russian Federation;
       (5) the United States should work closely with partners and 
     allies to encourage the provision of lethal and non-lethal 
     assistance to support and bolster the defense of Ukraine; and
       (6) substantial new sanctions should be imposed in the 
     event that the Government of the Russian Federation engages 
     in escalatory military or other offensive operations against 
     Ukraine.

     SEC. 1293. DETERMINATION WITH RESPECT TO OPERATIONS OF THE 
                   RUSSIAN FEDERATION IN UKRAINE.

       Not later than 15 days after the date of the enactment of 
     this Act, and periodically as necessary thereafter, the 
     President shall--
       (1) determine whether--
       (A) the Government of the Russian Federation is engaged in 
     or knowingly supporting a significant escalation in 
     hostilities or hostile action in or against Ukraine, compared 
     to the level of hostilities or hostile action in or against 
     Ukraine prior to November 1, 2021; and
       (B) if so, whether such escalation has the aim of 
     undermining, overthrowing, or dismantling the Government of 
     Ukraine, occupying the territory of Ukraine, or interfering 
     with the sovereignty or territorial integrity of Ukraine; and
       (2) submit to the appropriate congressional committees a 
     report on that determination.

     SEC. 1294. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS 
                   OF THE GOVERNMENT OF THE RUSSIAN FEDERATION 
                   RELATING TO OPERATIONS IN UKRAINE.

       (a) In General.--Upon making an affirmative determination 
     under section 1293(1) and not later than 30 days following 
     such a determination, the President shall impose the 
     sanctions described in subsection (d) with respect to each of 
     the officials specified in subsection (b).
       (b) Officials Specified.--The officials specified in this 
     subsection are the following:
       (1) The President of the Russian Federation.
       (2) The Prime Minister of the Russian Federation.
       (3) The Foreign Minister of the Russian Federation.
       (4) The Minister of Defense of the Russian Federation.
       (5) The Chief of the General Staff of the Armed Forces of 
     the Russian Federation.
       (6) The Commander-in-Chief of the Land Forces of the 
     Russian Federation.
       (7) The Commander of the Aerospace Forces of the Russian 
     Federation.
       (8) The Commander of the Airborne Forces of the Russian 
     Federation.
       (9) The Commander in Chief of the Navy of the Russian 
     Federation.
       (10) The Commander of the Strategic Rocket Forces of the 
     Russian Federation.
       (11) The Commander of the Special Operations Forces of the 
     Russian Federation.
       (12) The Commander of Logistical Support of the Russian 
     Armed Forces.
       (c) Additional Officials.--
       (1) List required.--Not later than 30 days after making an 
     affirmative determination under section 1293(1), and every 90 
     days thereafter, the President shall submit to the 
     appropriate congressional committees a list of foreign 
     persons that the President determines are--
       (A) senior officials of any branch of the armed forces of 
     the Russian Federation leading any of the operations 
     described in section 1293(1); or
       (B) senior officials of the Government of the Russian 
     Federation, including any branch of the armed forces or 
     intelligence agencies of the Russian Federation, engaged in 
     planning or implementing such operations.
       (2) Imposition of sanctions.--Upon the submission of each 
     list required by paragraph (1), the President shall impose 
     the sanctions described in subsection (d) with respect to 
     each foreign person identified on the list.
       (d) Sanctions Described.--The sanctions to be imposed with 
     respect to a foreign person under this section are the 
     following:
       (1) Property blocking.--The President shall exercise all of 
     the powers granted 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 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) Aliens inadmissible for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (b) or (c) 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 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.

     SEC. 1295. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
                   FINANCIAL INSTITUTIONS.

       (a) Imposition of Sanctions.--
       (1) In general.--Upon making an affirmative determination 
     under section 1293(1) and not later than 30 days following 
     such a determination, the President shall impose the 
     sanctions described in subsection (c) with respect to 3 or 
     more of the following financial institutions:
       (A) Sberbank.
       (B) VTB.
       (C) Gazprombank.
       (D) VEB.RF.
       (E) RDIF.
       (F) Promsvyazbank.
       (2) Subsidiaries and successor entities.--The President may 
     impose the sanctions described in subsection (c) with respect 
     to any subsidiary of, or successor entity to, a financial 
     institution specified in paragraph (1).
       (b) Additional Foreign Financial Institutions.--
       (1) List required.--Not later than 30 days after making an 
     affirmative determination under section 1293(1), and every 90 
     days thereafter, the President shall submit to the 
     appropriate congressional committees a list of foreign 
     persons that the President determines--
       (A) are significant financial institutions owned or 
     operated by the Government of the Russian Federation; and
       (B) should be sanctioned in the interest of United States 
     national security.
       (2) Imposition of sanctions.--Upon the submission of each 
     list required by paragraph (1), the President shall impose 
     the sanctions described in subsection (c) with respect to 
     each foreign person identified on the list.
       (c) Sanctions Described.--The President shall exercise all 
     of the powers granted 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 foreign person subject to 
     subsection (a) or (b) 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.

     SEC. 1296. PROHIBITION ON AND IMPOSITION OF SANCTIONS WITH 
                   RESPECT TO TRANSACTIONS INVOLVING RUSSIAN 
                   SOVEREIGN DEBT.

       (a) Prohibition on Transactions.--Upon making an 
     affirmative determination under section 1293(1) and not later 
     than 30 days following such a determination, the President 
     shall prohibit all transactions by United States persons 
     involving the sovereign debt of the Government of the Russian 
     Federation issued on or after the date of the enactment of 
     this Act, including governmental bonds.
       (b) Imposition of Sanctions With Respect to State-owned 
     Enterprises.--
       (1) In general.--Not later than 60 days after making an 
     affirmative determination under section 1293(1), the 
     President shall identify and impose the sanctions described 
     in subsection (d) with respect to foreign persons that the 
     President determines engage in transactions involving the 
     debt--
       (A) of not less than 10 entities owned or controlled by the 
     Government of the Russian Federation; and
       (B) that is not subject to any other sanctions imposed by 
     the United States.
       (2) Applicability.--Sanctions imposed under paragraph (1) 
     shall apply with respect to debt of an entity described in 
     subparagraph (A) of that paragraph that is issued after the 
     date that is 90 days after the President makes an affirmative 
     determination under section 1293(1).
       (c) List; Imposition of Sanctions.--Not later than 30 days 
     after making an affirmative determination under section 
     1293(1), and every 90 days thereafter, the President shall--
       (1) submit to the appropriate congressional committees a 
     list of foreign persons that the President determines are 
     engaged in transactions described in subsection (a); and
       (2) impose the sanctions described in subsection (d) with 
     respect to each such person.
       (d) Sanctions Described.--The sanctions to be imposed with 
     respect to a foreign person described in subsection (b) or 
     (c) are the following:
       (1) Property blocking.--The President shall exercise all of 
     the powers granted 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 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) Aliens inadmissible for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (b) or (c) 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 shall be revoked, regardless of when such visa or 
     other entry documentation is or was issued.

[[Page S8798]]

       (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.

     SEC. 1297. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD 
                   STREAM 2.

       (a) In General.--Upon making an affirmative determination 
     under section 1293(1) and not later than 30 days following 
     such a determination, the President shall impose the 
     sanctions described in subsection (b) with respect to a 
     foreign person that is--
       (1) any entity established for or responsible for the 
     planning, construction, or operation of the Nord Stream 2 
     pipeline or a successor entity; and
       (2) any corporate officer of an entity described in 
     paragraph (1).
       (b) Sanctions Described.--The sanctions to be imposed with 
     respect to a foreign person under this section are the 
     following:
       (1) Property blocking.--The President shall exercise all of 
     the powers granted 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 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) Aliens inadmissible for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a)(2) 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 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.

     SEC. 1298. SANCTIONS WITH RESPECT TO RUSSIAN EXTRACTIVE 
                   INDUSTRIES.

       (a) Identification.--Not later than 60 days after making an 
     affirmative determination under section 1293(1), the 
     President shall identify foreign persons in any of the 
     sectors or industries described in subsection (b) that the 
     President determines should be sanctioned in the interest of 
     United States national security.
       (b) Sectors and Industries Described.--The sectors and 
     industries described in this subsection are the following:
       (1) Oil and gas extraction and production.
       (2) Coal extraction, mining, and production.
       (3) Minerals extraction and processing.
       (4) Any other sector or industry with respect to which the 
     President determines the imposition of sanctions is in the 
     United States national security interest.
       (c) List; Imposition of Sanctions.--Not later than 90 days 
     after making an affirmative determination under section 
     1293(1), the President shall--
       (1) submit to the appropriate congressional committees a 
     list of the persons identified under subsection (a); and
       (2) impose the sanctions described in subsection (d) with 
     respect to each such person.
       (d) Sanctions Described.--The sanctions to be imposed with 
     respect to a foreign person under subsection (c) are the 
     following:
       (1) Property blocking.--The President shall exercise all of 
     the powers granted 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 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) Aliens inadmissible for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (c) 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 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.

     SEC. 1299. AUTHORIZATION FOR USE OF WAR RESERVE STOCKPILE FOR 
                   ARMED FORCES OF UKRAINE.

        Notwithstanding section 514 of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2321h) or any other authorized limits set 
     in law, the Secretary of Defense, in concurrence with the 
     Secretary of State, is authorized to transfer defense 
     articles from any war reserve stockpile to Ukraine for the 
     purpose of assisting and supporting the Armed Forces of 
     Ukraine.

     SEC. 1299A. USE OF DEPARTMENT OF DEFENSE LEASE AUTHORITY AND 
                   SPECIAL DEFENSE ACQUISITION FUND TO SUPPORT 
                   UKRAINE.

       (a) Use of Special Defense Acquisition Fund.--The Secretary 
     of Defense, in concurrence with the Secretary of State, shall 
     utilize, to the maximum extent possible, the Special Defense 
     Acquisition Fund established under section 51 of the Arms 
     Export Control Act (22 U.S.C. 2795) to expedite the 
     procurement and delivery of defense articles and defense 
     services for the purpose of assisting and supporting the 
     Armed Forces of Ukraine.
       (b) Use of Lease Authority.--The Secretary of Defense, in 
     concurrence with the Secretary of State, shall utilize, to 
     the maximum extent possible, its lease authority, including 
     with respect to no-cost leases, to provide defense articles 
     to Ukraine for the purpose of assisting and supporting the 
     Armed Forces of Ukraine.

     SEC. 1299B. IMPLEMENTATION; REGULATIONS; PENALTIES.

       (a) 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 subtitle.
       (b) Regulations.--The President shall issue such 
     regulations, licenses, and orders as are necessary to carry 
     out this subtitle.
       (c) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     subtitle or any regulation, license, or order issued to carry 
     out this subtitle 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.

     SEC. 1299C. EXCEPTIONS; WAIVER.

       (a) Exceptions.--
       (1) Intelligence activities.--This subtitle shall not apply 
     with respect to activities subject to the reporting 
     requirements under title V of the National Security Act of 
     1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence 
     activities of the United States.
       (2) Exception comply with united nations headquarters 
     agreement and law enforcement objectives.--Sanctions under 
     this subtitle shall not apply to an alien if admitting the 
     alien into the United States--
       (A) is necessary to permit the United States to comply with 
     the Agreement regarding the Headquarters of the United 
     Nations, signed at Lake Success on June 26, 1947, and entered 
     into force November 21, 1947, between the United Nations and 
     the United States, or other applicable international 
     obligations of the United States; or
       (B) would further important law enforcement objectives.
       (3) Exception relating to importation of goods.--
       (A) In general.--Notwithstanding any other provision of 
     this subtitle, the authority or a requirement to impose 
     sanctions under this subtitle 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 manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (b) National Security Waiver.--The President may waive the 
     imposition of sanctions under this subtitle 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) submits to the appropriate congressional committees a 
     notification of the waiver and the reasons for the waiver.

     SEC. 1299D. TERMINATION.

       The President may terminate the sanctions imposed under 
     this subtitle after determining and certifying to the 
     appropriate congressional committees that the Government of 
     the Russian Federation has--
       (1) verifiably withdrawn all of its forces from Ukrainian 
     territory that was not occupied or subject to control by 
     forces or proxies of the Government of the Russian Federation 
     prior to November 1, 2021;
       (2) ceased supporting proxies in Ukrainian territory 
     described in paragraph (1); and
       (3) has entered into an agreed settlement with a legitimate 
     democratic government of Ukraine.

     SEC. 1299E. SUNSET.

        The provisions of this subtitle shall terminate on the 
     date that is 3 years after the date of the enactment of this 
     Act.

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