[Congressional Record Volume 168, Number 162 (Tuesday, October 11, 2022)]
[Senate]
[Pages S6610-S6611]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6467. Mr. REED (for Mr. Cornyn (for himself and Mr. King))
submitted an amendment intended to be proposed to amendment SA 5499
proposed by Mr. Reed (for himself and Mr. Inhofe) to the bill H.R.
7900, to authorize appropriations for fiscal year 2023 for military
activities of the Department of Defense and 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) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
[[Page S6611]]
(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) is
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 immediately; and
(II) automatically 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 and national security 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, law enforcement, or national security
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 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.
______