[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5719-S5720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6196. Mr. VAN HOLLEN (for himself and Mr. Toomey) 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. ESTABLISHMENT AND ENFORCEMENT OF PRICE CAP ON
EXPORTS OF PETROLEUM AND PETROLEUM PRODUCTS
FROM THE RUSSIAN FEDERATION.
(a) Price Cap on Russian Petroleum and Petroleum
Products.--
(1) Establishment of price cap.--
(A) In general.--Not later than March 30, 2023, the
President shall, in consultation with the governments of
countries that are allies and partners of the United States,
establish a cap on the price of seaborne petroleum and
petroleum products exported from the Russian Federation.
(B) Reductions in price cap.--The President shall reduce
the price cap established under subparagraph (A) not less
frequently than once each year, on or before March 30, 2024,
March 30, 2025, and March 30, 2026, in a manner that ensures
that, by March 30, 2026, the cap is low enough to prevent the
Russian Federation from making a profit on exports of
seaborne petroleum and petroleum products.
(2) Suspension of price cap reduction.--For any year for
which the President is required under subparagraph (B) of
paragraph (1) to reduce the cap established under
subparagraph (A) of that paragraph, the President may suspend
the requirement to reduce the cap if--
(A) the President--
(i) determines that the suspension is necessary to prevent
an unacceptable increase in the global price of petroleum;
and
(ii) not less than 30 days before the suspension is to take
effect, submits to the appropriate congressional committees a
report on the suspension that includes an explanation of the
basis for the suspension; and
(B) a joint resolution of disapproval is not enacted into
law under subsection (d) during the 30-day period referred to
in subparagraph (A)(ii).
(3) Imposition of sanctions to enforce price cap.--The
President shall impose one of the sanctions described in
subsection (b) with respect to any foreign person that, on or
after March 30, 2023, knowingly imports, brokers, insures,
reinsures, or finances the sale of seaborne petroleum or
petroleum products exported from the Russian Federation at a
price that is higher than the price cap in effect under
paragraph (1).
(b) Sanctions Described.--The sanctions that may be imposed
with respect to a foreign person under subsection (a) are the
following:
(1) Property blocking.--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 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) Prohibition on correspondent and payable-through
accounts.--A prohibition on the opening or maintaining in the
United States of a correspondent account or a payable-through
account by the foreign person.
(c) National Interest Waiver.--The President may waive the
imposition of sanctions under this section with respect to a
foreign person if--
(1) the President--
(A) determines the waiver in the national interests of the
United States; and
(B) not less than 30 days before the waiver is to take
effect, submits to the appropriate congressional committees a
report on the waiver that includes an explanation of the
basis for the waiver; and
(2) a joint resolution of disapproval is not enacted into
law under subsection (d) during the 30-day period referred to
in paragraph (1)(B).
(d) Joint Resolutions of Disapproval.--
(1) Definition.--In this subsection, the term ``joint
resolution of disapproval'' means--
(A) in the case of a joint resolution of disapproval
referred to in subsection (a)(2)(B), a joint resolution of
either House of Congress the sole matter after the resolving
clause of which is the following: ``Congress disapproves of
the suspension of the requirement to reduce the price cap
established under subsection (a) of section 1239 of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 proposed by the President in the report submitted to
Congress under paragraph (2)(A)(ii) of that subsection on
___.'', with the blank space being filled with the
appropriate date; and
(B) in the case of a joint resolution of disapproval
referred to in subsection (c)(2), a joint resolution of
either House of Congress the sole matter after the resolving
clause of which is the following: ``Congress disapproves of
the waiver of the imposition of sanctions under subsection
(c) of section 1239 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 proposed by the
President in the report submitted to Congress under paragraph
(1)(B) of that subsection on ___ relating to ___'', with the
[[Page S5720]]
first blank space being filled with the appropriate date and
the second blank space being filled with the name of the
person to which the waiver would apply; and
(2) Introduction.--During the 30-day period referred to in
subsection (a)(2)(B) or (c)(2), as the case may be, a joint
resolution of disapproval may be introduced--
(A) in the House of Representatives, by the majority leader
or the minority leader; and
(B) in the Senate, by the majority leader (or the majority
leader's designee) or the minority leader (or the minority
leader's designee).
(3) Floor consideration in house of representatives.--If a
committee of the House of Representatives to which a joint
resolution of disapproval has been referred has not reported
the joint resolution within 10 calendar days after the date
of referral, that committee shall be discharged from further
consideration of the joint resolution.
(4) Consideration in the senate.--
(A) Committee referral.--A joint resolution of disapproval
introduced in the Senate shall be referred to the Committee
on Banking, Housing, and Urban Affairs.
(B) Reporting and discharge.--If the Committee on Banking,
Housing, and Urban Affairs has not reported the joint
resolution within 10 calendar days after the date of referral
of the joint resolution, that committee shall be discharged
from further consideration of the joint resolution and the
joint resolution shall be placed on the appropriate calendar.
(C) Proceeding to consideration.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in order at any
time after the Committee on Banking, Housing, and Urban
Affairs reports a joint resolution of disapproval to the
Senate or has been discharged from consideration of such a
joint resolution (even though a previous motion to the same
effect has been disagreed to) to move to proceed to the
consideration of the joint resolution, and all points of
order against the joint resolution (and against consideration
of the joint resolution) are waived. The motion to proceed is
not debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order.
(D) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate, as the case may be, to the procedure
relating to a joint resolution of disapproval shall be
decided without debate.
(E) Consideration of veto messages.--Debate in the Senate
of any veto message with respect to a joint resolution of
disapproval, including all debatable motions and appeals in
connection with the joint resolution, shall be limited to 10
hours, to be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
(5) Rules relating to senate and house of
representatives.--
(A) Treatment of senate joint resolution in house.--In the
House of Representatives, the following procedures shall
apply to a joint resolution of disapproval received from the
Senate (unless the House has already passed a joint
resolution relating to the same proposed action):
(i) The joint resolution shall be referred to the
appropriate committees.
(ii) If a committee to which a joint resolution has been
referred has not reported the joint resolution within 2
calendar days after the date of referral, that committee
shall be discharged from further consideration of the joint
resolution.
(iii) Beginning on the third legislative day after each
committee to which a joint resolution has been referred
reports the joint resolution to the House or has been
discharged from further consideration thereof, it shall be in
order to move to proceed to consider the joint resolution in
the House. All points of order against the motion are waived.
Such a motion shall not be in order after the House has
disposed of a motion to proceed on the joint resolution. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
(iv) The joint resolution shall be considered as read. All
points of order against the joint resolution and against its
consideration are waived. The previous question shall be
considered as ordered on the joint resolution to final
passage without intervening motion except 2 hours of debate
equally divided and controlled by the sponsor of the joint
resolution (or a designee) and an opponent. A motion to
reconsider the vote on passage of the joint resolution shall
not be in order.
(B) Treatment of house joint resolution in senate.--
(i) Receipt before passage.--If, before the passage by the
Senate of a joint resolution of disapproval, the Senate
receives an identical joint resolution from the House of
Representatives, the following procedures shall apply:
(I) That joint resolution shall not be referred to a
committee.
(II) With respect to that joint resolution--
(aa) the procedure in the Senate shall be the same as if no
joint resolution had been received from the House of
Representatives; but
(bb) the vote on passage shall be on the joint resolution
from the House of Representatives.
(ii) Receipt after passage.--If, following passage of a
joint resolution of disapproval in the Senate, the Senate
receives an identical joint resolution from the House of
Representatives, that joint resolution shall be placed on the
appropriate Senate calendar.
(iii) No companion measure.--If a joint resolution of
disapproval is received from the House, and no companion
joint resolution has been introduced in the Senate, the
Senate procedures under this subsection shall apply to the
House joint resolution.
(C) Application to revenue measures.--The provisions of
this paragraph shall not apply in the House of
Representatives to a joint resolution of disapproval that is
a revenue measure.
(6) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
and supersedes other rules only to the extent that it is
inconsistent with such rules; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
(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 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 relating to importation of goods.--
(A) In general.--The authority or a requirement 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) Termination.--This section and the requirements to
impose sanctions under this section shall terminate on the
earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date on which the President submits to the
appropriate congressional committees a certification that--
(A) the Government of Ukraine has reached a diplomatic
agreement with the Government of the Russian Federation that
is supported by the United States to provide for the
cessation of hostilities in Ukraine; and
(B) it is in the national security interests of the United
States to terminate the requirements to impose sanctions
under this Act.
(h) Definitions.--In this section:
(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) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person had
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) United states person.--The term ``United States
person'' means--
(A) an individual who is 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.
______