[Congressional Record Volume 168, Number 153 (Thursday, September 22, 2022)]
[Senate]
[Pages S4983-S4984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5584. Mr. CORNYN (for himself and Mr. King) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 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 C of title XII, add the following:

     SEC. 1239. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, 
                   SUPPLY, OR TRANSFER OF GOLD TO OR FROM RUSSIA.

       (a) Identification.--Not later than 90 days after the date 
     of the enactment of this Act, and periodically as necessary 
     thereafter, the President--
       (1) shall submit to Congress a report identifying foreign 
     persons that knowingly participated in a significant 
     transaction--
       (A) for the sale, supply, or transfer (including 
     transportation) of gold, directly or indirectly, to or from 
     the Russian Federation or the Government of the Russian 
     Federation, including from reserves of the Central Bank of 
     the Russian Federation held outside the Russian Federation; 
     or
       (B) that otherwise involved gold in which the Government of 
     the Russian Federation had any interest; and
       (2) shall impose the sanctions described in subsection 
     (b)(1) with respect to each such person; and
       (3) may impose the sanctions described in subsection (b)(2) 
     with respect to any such person that is an alien.
       (b) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Blocking of property.--The exercise of 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 a foreign person 
     identified in the report required by 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.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a)(1) may be--
       (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 (a)(1) 
     may be 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 pursuant to section 221(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1201(i)); and
       (II) cancel any other valid visa or entry documentation 
     that is in the alien's possession.

       (c) 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.
       (d) National Interest Waiver.--The President may waive the 
     imposition of sanctions under this section with respect to a 
     person if the President--
       (1) determines that such a waiver is in the national 
     interests of the United States; and
       (2) submits to Congress a notification of the waiver and 
     the reasons for the waiver.
       (e) Termination.--
       (1) In general.--Except as provided in paragraph (2), the 
     requirement to impose sanctions under this section, and any 
     sanctions imposed under this section, shall terminate on the 
     earlier of--
       (A) the date that is 3 years after the date of the 
     enactment of this Act; or
       (B) the date that is 30 days after the date on which the 
     President certifies to Congress that--
       (i) the Government of the Russian Federation has ceased its 
     destabilizing activities with respect to the sovereignty and 
     territorial integrity of Ukraine; and
       (ii) such termination in the national interests of the 
     United States.
       (2) Transition rules.--
       (A) Continuation of certain authorities.--Any authorities 
     exercised before the termination date under paragraph (1) to 
     impose sanctions with respect to a foreign person under this 
     section may continue to be exercised on and after that date 
     if the President determines that the continuation of those 
     authorities is in the national interests of the United 
     States.
       (B) Application to ongoing investigations.--The termination 
     date under paragraph (1) shall not apply to any investigation 
     of a civil or criminal violation of this section or any 
     regulation, license, or order issued to carry out this 
     section, or the imposition of a civil or criminal penalty for 
     such a violation, if--
       (i) the violation occurred before the termination date; or
       (ii) the person involved in the violation continues to be 
     subject to sanctions pursuant to subparagraph (A).
       (f) Exceptions.--
       (1) Exceptions for authorized intelligence and law 
     enforcement activities.--This section 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 or law 
     enforcement activities of the United States.
       (2) Exception to comply with international agreements.--
     Sanctions under subsection (b)(2) may not apply with respect 
     to the admission of an alien to the United States if such 
     admission is necessary to comply with the obligations of the 
     United States under 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 the Convention on Consular 
     Relations, done at Vienna April 24, 1963, and entered into 
     force March 19, 1967, or other international obligations.
       (3) Humanitarian exemption.--The President shall not impose 
     sanctions under this

[[Page S4984]]

     section with respect to any person for conducting or 
     facilitating a transaction for the sale of agricultural 
     commodities, food, medicine, or medical devices or for the 
     provision of humanitarian assistance.
       (4) Exception relating to importation of goods.--
       (A) In general.--The requirement or authority 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 manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (g) Definitions.--In this section:
       (1) The terms ``admission'', ``admitted'', ``alien'', and 
     ``lawfully admitted for permanent residence'' have the 
     meanings given those terms in section 101 of the Immigration 
     and Nationality Act (8 U.S.C. 1101).
       (2) The term ``foreign person'' means an individual or 
     entity that is not a United States person.
       (3) 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.
       (4) 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 in the United States.
                                 ______