S.Amdt. 4859

SA 4859. Mr. RISCH (for himself, Mr. Portman, Mr. Cruz, Mr. Barrasso,
Mr. Johnson, Mr. Cotton, Mr. Daines, and Mr. Wicker) 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 subtitle D of title XII, add the following:

SEC. 1237. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD
STREAM 2.

(a) In General.--Not later than 15 days after the date of
the enactment of this Act, the President shall--
(1) impose sanctions under subsection (b) with respect to
any corporate officer of an entity established for or
responsible for the planning, construction, or operation of
the Nord Stream 2 pipeline or a successor entity; and
(2) impose sanctions under subsection (c) with respect to
any entity described in paragraph (1).
(b) Ineligibility for Visas, Admission, or Parole of
Identified Persons and Corporate Officers.--
(1) In general.--
(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
(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 described in subsection (a)(1) 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.

(c) Blocking of Property of Identified Persons.--The
President shall exercise 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
an entity described in 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.
(d) Conditions for Removal of Sanctions.--Subject to review
by Congress under section 216 of the Countering America's
Adversaries Through Sanctions Act (22 U.S.C. 9511), the
President may waive the application of sanctions under this
section if the President--
(1) determines that the waiver is in the national security
interest of the United States; and
(2) submits to the appropriate congressional committees a
report on the waiver and the reason for the waiver.
(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, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.

[[Page S8796]]

(2) Exception to comply with united nations headquarters
agreement.--Sanctions under this section shall not apply with
respect to the admission of an alien to the United States if
the admission of the alien is necessary 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, the
Convention on Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or other
applicable international obligations.
(3) Exception relating to importation of goods.--
(A) In general.--Notwithstanding any other provision of
this section, the authorities and requirements 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 man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(g) Sunset.--The authority to impose sanctions under this
section shall terminate on the date that is 5 years after the
date of the enactment of this Act.
(h) Definitions.--In this section:
(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) 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;
(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 within the United States.

SEC. 1238. CONGRESSIONAL REVIEW OF WAIVER UNDER PROTECTING
EUROPE'S ENERGY SECURITY ACT OF 2019.

Section 7503(f) of the Protecting Europe's Energy Security
Act of 2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526
note) is amended, in the matter preceding paragraph (1), by
striking ``The President'' and inserting ``Subject to review
by Congress under section 216 of the Countering America's
Adversaries Through Sanctions Act (22 U.S.C. 9511), the
President''.

SEC. 1239. APPLICATION OF CONGRESSIONAL REVIEW UNDER
COUNTERING AMERICA'S ADVERSARIES THROUGH
SANCTIONS ACT.

Section 216(a)(2) of the Countering America's Adversaries
Through Sanctions Act (22 U.S.C. 9511(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``(other than sanctions
described in clause (i)(IV) of that subparagraph)'' after
``subparagraph (B)''; and
(B) in clause (ii), by inserting ``or otherwise remove''
after ``waive''; and
(2) in subparagraph (B)(i)--
(A) in subclause (II), by striking ``; or'' and inserting a
semicolon;
(B) in subclause (III), by striking ``; and'' and inserting
a semicolon; and
(C) by adding at the end the following:

``(IV) section 7503 of the Protecting Europe's Energy
Security Act of 2019 (title LXXV of Public Law 116-92; 22
U.S.C. 9526 note); or
``(V) section 1237 of the National Defense Authorization
Act for Fiscal Year 2022; and''.

SEC. 1240. INCLUSION OF MATTER RELATING TO NORD STREAM 2 IN
REPORT UNDER COUNTERING AMERICA'S ADVERSARIES
THROUGH SANCTIONS ACT.

Each report submitted under section 216(a)(1) of the
Countering America's Adversaries Through Sanctions Act (22
U.S.C. 9511(a)(1)) relating to sanctions under section 1237
of this Act or section 7503 of the Protecting Europe's Energy
Security Act of 2019 (title LXXV of Public Law 116-92; 22
U.S.C. 9526 note) shall include--
(1) an assessment of the security risks posed by Nord
Stream 2, including--
(A) the presence along Nord Stream 2 or Nord Stream 1
infrastructure or pipeline corridors of undersea surveillance
systems and sensors, fiber optic terminals, or other systems
that are capable of conducting military or intelligence
activities unrelated to civilian energy transmission,
including those designed to enhance Russian Federation anti-
submarine warfare, surveillance, espionage, or sabotage
capabilities;
(B) the use of Nord Stream-affiliated infrastructure,
equipment, personnel, vessels, financing, or other assets--
(i) to facilitate, carry out, or conceal Russian Federation
maritime surveillance, espionage, or sabotage activities;
(ii) to justify the presence of Russian Federation naval
vessels or military personnel or equipment in international
waters or near North Atlantic Treaty Organization or partner
countries;
(iii) to disrupt freedom of navigation; or
(iv) to pressure or intimidate countries in the Baltic Sea;
(C) the involvement in the Nord Stream 2 pipeline or its
affiliated entities of current or former Russian, Soviet, or
Warsaw Pact intelligence and military personnel and any
business dealings between Nord Stream 2 and entities
affiliated with the intelligence or defense sector of the
Russian Federation; and
(D) malign influence activities of the Government of the
Russian Federation, including strategic corruption and
efforts to influence European decision-makers, supported or
financed through the Nord Stream 2 pipeline;
(2) an assessment of whether the Russian Federation
maintains gas transit through Ukraine at levels consistent
with the volumes set forth in the Ukraine-Russian Federation
gas transit agreement of December 2019 and continues to pay
the transit fees specified in that agreement;
(3) an assessment of the status of negotiations between the
Russian Federation and Ukraine to secure an agreement to
extend gas transit through Ukraine beyond the expiration of
the agreement described in paragraph (2); and
(4) an assessment of whether the United States and Germany
have agreed on a common definition for energy
``weaponization'' and the associated triggers for sanctions
and other enforcement actions, pursuant to the Joint
Statement of the United States and Germany on support for
Ukraine, European energy security, and our climate goals,
dated July 21, 2021; and
(5) a description of the consultations with United States
allies and partners in Europe, including Ukraine, Poland, and
the countries in Central and Eastern Europe most impacted by
the Nord Stream 2 pipeline concerning the matters agreed to
as described in paragraph (4).
______