S.Amdt. 2376

SA 2376. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to
authorize appropriations for fiscal year 2021 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 With Respect to the Russian Federation

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 and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Armed
Services, the Select Committee on Intelligence, and the
majority leader and the minority leader of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the
Permanent Select Committee on Intelligence, and the Speaker,
the majority leader, and the minority leader of the House of
Representatives.
(3) 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.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
regulations prescribed by the Secretary of the Treasury.
(5) 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.
(6) United states financial institution.--The term ``United
States financial institution'' has the meaning given that
term in regulations prescribed by the Secretary of the
Treasury.
(7) 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 of any jurisdiction within the United States, including a
foreign branch of such an entity.

SEC. 1292. IMPOSITION OF SANCTIONS WITH RESPECT TO GOVERNMENT
OF RUSSIAN FEDERATION RELATING TO BOUNTIES ON
MEMBERS OF ARMED FORCES AND ALLIED FORCES IN
AFGHANISTAN.

(a) Certification and Report.--
(1) Certification required.--Not later than 15 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the appropriate
congressional committees and leadership a certification with
respect to--
(A) whether or not the Government of the Russian
Federation, or proxies of that Government, was responsible
for offering bounties for the killing of members of the Armed
Forces of the United States or members of the Resolute
Support Mission led by the North Atlantic Treaty Organization
(commonly referred to as ``NATO'') in Afghanistan;
(B) whether the information described in subparagraph (A)
was provided to--
(i) senior officials of the United States Government,
including the President and the Vice President, and, if so,
when that information was provided to those officials; and
(ii) allies of the United States serving in Afghanistan
under the NATO-led Resolute Support Mission.
(2) Report required.--Not later than 15 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees and
leadership a report describing the measures taken by the
Department of Defense to provide greater protection to
members of the Armed Forces of the United States in
Afghanistan.
(3) Form.--The certification required by paragraph (1) and
the report required by paragraph (2) shall be submitted in
unclassified form but may include a classified annex.
(b) Imposition of Sanctions.--
(1) In general.--If the Director of National Intelligence
certifies under subsection (a)(1)(A) that the Government of
the Russian Federation or any its proxies was responsible for
bounties described in that subsection, the President shall,
not later than 15 days after the date of the certification,
impose the following sanctions:
(A) Property blocking.--The President shall block and
prohibit, pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), all transactions in
property and interests in property of each person described
in paragraph (2) 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.
(B) Aliens inadmissible for visas, admission, or parole.--
(i) Visas, admission, or parole.--An alien described in
paragraph (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.).

(ii) Current visas revoked.--

(I) In general.--The visa or other entry documentation of
an alien described in paragraph (2) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
(II) Immediate effect.--A revocation under subclause (I)
shall--

(aa) take effect immediately; and
(bb) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(C) Rejection of transactions with defense and intelligence
sectors of russian federation.--The Secretary of the Treasury
shall instruct all United States financial institutions to
reject all financial transactions involving any person on the
list, as of the date of the enactment of this Act, produced
by the Secretary of State pursuant to section 231(e) of the
Countering America's Adversaries Through Sanctions Act (22
U.S.C. 9525(e)).
(2) Persons described.--A person described in this
paragraph is any of the following:
(A) Vladimir Putin or any person acting for or on behalf of
Vladimir Putin, including any person managing any of his
assets anywhere in the world.
(B) Any senior official of the Government of the Russian
Federation determined by the

[[Page S4073]]

President to have been involved in the activity described in
subsection (a)(1)(A).
(C) Any official of a defense or intelligence unit of that
Government, including the Main Intelligence Agency of the
General Staff of the Armed Forces of the Russian Federation,
if that unit is determined by the President to have been
involved in the activity described in subsection (a)(1)(A).

SEC. 1293. IMPOSITION OF SANCTIONS WITH RESPECT TO
TRANSACTIONS WITH CERTAIN RUSSIAN POLITICAL
FIGURES AND OLIGARCHS.

(a) In General.--On and after the date that is 30 days
after the date of the enactment of this Act, the President
shall block and prohibit, pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), all
transactions in property and interests in property of each
person described in subsection (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.
(b) Persons Described.--The persons described in this
subsection are--
(1) political figures, oligarchs, and other persons that
facilitate illicit and corrupt activities, directly or
indirectly, on behalf of the President of the Russian
Federation, Vladimir Putin, and persons acting for or on
behalf of such political figures, oligarchs, and persons;
(2) Russian parastatal entities that facilitate illicit and
corrupt activities, directly or indirectly, on behalf of the
President of the Russian Federation, Vladimir Putin;
(3) family members of persons described in paragraph (1) or
(2) that derive significant benefits from such illicit and
corrupt activities; and
(4) persons, including financial institutions, that
knowingly engage in significant transactions with persons
described in paragraph (1), (2), or (3).
(c) Updated Report on Oligarchs and Parastatal Entities of
the Russian Federation.--Section 241 of the Countering
America's Adversaries Through Sanctions Act (Public Law 115-
44; 131 Stat. 922) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a) the following:
``(b) Updated Report.--Not later than 180 days after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2021, the Secretary of the Treasury, in
consultation with the Director of National Intelligence and
the Secretary of State, shall submit to the appropriate
congressional committees an updated report on oligarchs and
parastatal entities of the Russian Federation that builds on
the report submitted under subsection (a) on January 29,
2018, by--
``(1) including the matters described in paragraphs (1)
through (5) of subsection (a); and
``(2) excluding from the portion of the report responsive
to paragraph (1) of subsection (a) any individual with
respect to which there is no credible information suggesting
the individual has the close financial or political
relationships, or engages in the illicit activities,
described in subsection (a).''; and
(3) in subsection (c), as redesignated by paragraph (1), by
striking ``The report required under subsection (a)'' and
inserting ``The reports required by subsections (a) and
(b)''.
(d) Strategy Required.--Not later than 60 days after the
date of the enactment of this Act, the President shall submit
to the appropriate congressional committees and leadership a
strategy describing how the President will coordinate with
the European Union and its individual member countries with
respect to efforts to deny Russian persons described in the
updated report required by subsection (b) of section 241 of
the Countering America's Adversaries Through Sanctions Act,
as amended by subsection (c), access to financial
institutions or real estate in the European Union or United
States.

SEC. 1294. IMPLEMENTATION; PENALTIES.

(a) 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 the extent necessary to carry out this subtitle.
(b) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of the
provisions of subparagraph (A) or (C) of section 1292(b)(1)
or section 1293(a), or any regulation, license, or order
issued to carry out such provisions, 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. 1295. EXCEPTIONS.

(a) 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.
(b) Exception to Comply With International Obligations and
for Law Enforcement Activities.--Sanctions under section
1292(b)(1)(B) shall not apply with respect to an alien if
admitting or paroling the alien into the United States is
necessary--
(1) 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, or other applicable international obligations; or
(2) to carry out or assist law enforcement activity in the
United States.
(c) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions under this subtitle shall not include the authority
or a requirement to impose sanctions on the importation of
goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(d) Exception Relating to Activities of the National
Aeronautics and Space Administration.--
(1) In general.--This subtitle shall not apply with respect
to activities of the National Aeronautics and Space
Administration.
(2) Rule of construction.--Nothing in this subtitle or the
amendments made by this title shall be construed to authorize
the imposition of any sanction or other condition,
limitation, restriction, or prohibition, that directly or
indirectly impedes the supply by any entity of the Russian
Federation of any product or service, or the procurement of
such product or service by any contractor or subcontractor of
the United States or any other entity, relating to or in
connection with any space launch conducted for--
(A) the National Aeronautics and Space Administration; or
(B) any other non-Department of Defense customer.

SEC. 1296. RULE OF CONSTRUCTION.

Nothing in this subtitle shall be construed--
(1) to supersede the limitations or exceptions on the use
of rocket engines for national security purposes under
section 1608 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3626; 10 U.S.C. 2271 note), as
amended by section 1607 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1100)
and section 1602 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2582); or
(2) to prohibit a contractor or subcontractor of the
Department of Defense from acquiring components referred to
in such section 1608.
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