S.Amdt. 4860

SA 4860. Mr. MENENDEZ 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 title XII, add the following:

Subtitle H--Sanctions Relating to the Actions of the Russian Federation
With Respect to Ukraine

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.--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) Defense article; defense service.--The terms ``defense
article'' and ``defense service'' have the meanings given
those terms in section 47 of the Arms Export Control Act (22
U.S.C. 2794).
(4) 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.
(5) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
regulations prescribed by the Secretary of the Treasury.
(6) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(7) 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.
(8) 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 any jurisdiction within the United States, including a
foreign branch of such an entity.

SEC. 1292. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) it is in the national security interests of the United
States to continue and deepen the security partnership
between the United States and Ukraine, including through
providing both lethal and non-lethal assistance to Ukraine;
(2) aggression and malign influence by the Government of
the Russian Federation in Ukraine is a threat to the
democratic sovereignty of Ukraine, a valued and key partner
of the United States;
(3) economic and financial sanctions, when used as part of
a coordinated and comprehensive strategy, are a powerful tool
to advance United States foreign policy and national security
interests;
(4) the United States should expedite the provision of
lethal and non-lethal assistance to Ukraine, and use all
available tools to

[[Page S8797]]

support and bolster the defense of Ukraine against potential
aggression and military escalation by the Government of the
Russian Federation;
(5) the United States should work closely with partners and
allies to encourage the provision of lethal and non-lethal
assistance to support and bolster the defense of Ukraine; and
(6) substantial new sanctions should be imposed in the
event that the Government of the Russian Federation engages
in escalatory military or other offensive operations against
Ukraine.

SEC. 1293. DETERMINATION WITH RESPECT TO OPERATIONS OF THE
RUSSIAN FEDERATION IN UKRAINE.

Not later than 15 days after the date of the enactment of
this Act, and periodically as necessary thereafter, the
President shall--
(1) determine whether--
(A) the Government of the Russian Federation is engaged in
or knowingly supporting a significant escalation in
hostilities or hostile action in or against Ukraine, compared
to the level of hostilities or hostile action in or against
Ukraine prior to November 1, 2021; and
(B) if so, whether such escalation has the aim of
undermining, overthrowing, or dismantling the Government of
Ukraine, occupying the territory of Ukraine, or interfering
with the sovereignty or territorial integrity of Ukraine; and
(2) submit to the appropriate congressional committees a
report on that determination.

SEC. 1294. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS
OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
RELATING TO OPERATIONS IN UKRAINE.

(a) In General.--Upon making an affirmative determination
under section 1293(1) and not later than 30 days following
such a determination, the President shall impose the
sanctions described in subsection (d) with respect to each of
the officials specified in subsection (b).
(b) Officials Specified.--The officials specified in this
subsection are the following:
(1) The President of the Russian Federation.
(2) The Prime Minister of the Russian Federation.
(3) The Foreign Minister of the Russian Federation.
(4) The Minister of Defense of the Russian Federation.
(5) The Chief of the General Staff of the Armed Forces of
the Russian Federation.
(6) The Commander-in-Chief of the Land Forces of the
Russian Federation.
(7) The Commander of the Aerospace Forces of the Russian
Federation.
(8) The Commander of the Airborne Forces of the Russian
Federation.
(9) The Commander in Chief of the Navy of the Russian
Federation.
(10) The Commander of the Strategic Rocket Forces of the
Russian Federation.
(11) The Commander of the Special Operations Forces of the
Russian Federation.
(12) The Commander of Logistical Support of the Russian
Armed Forces.
(c) Additional Officials.--
(1) List required.--Not later than 30 days after making an
affirmative determination under section 1293(1), and every 90
days thereafter, the President shall submit to the
appropriate congressional committees a list of foreign
persons that the President determines are--
(A) senior officials of any branch of the armed forces of
the Russian Federation leading any of the operations
described in section 1293(1); or
(B) senior officials of the Government of the Russian
Federation, including any branch of the armed forces or
intelligence agencies of the Russian Federation, engaged in
planning or implementing such operations.
(2) Imposition of sanctions.--Upon the submission of each
list required by paragraph (1), the President shall impose
the sanctions described in subsection (d) with respect to
each foreign person identified on the list.
(d) Sanctions Described.--The sanctions to be imposed with
respect to a foreign person under this section are the
following:
(1) Property blocking.--The President shall exercise all of
the powers granted 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 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) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (b) or (c) 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 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.

SEC. 1295. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
FINANCIAL INSTITUTIONS.

(a) Imposition of Sanctions.--
(1) In general.--Upon making an affirmative determination
under section 1293(1) and not later than 30 days following
such a determination, the President shall impose the
sanctions described in subsection (c) with respect to 3 or
more of the following financial institutions:
(A) Sberbank.
(B) VTB.
(C) Gazprombank.
(D) VEB.RF.
(E) RDIF.
(F) Promsvyazbank.
(2) Subsidiaries and successor entities.--The President may
impose the sanctions described in subsection (c) with respect
to any subsidiary of, or successor entity to, a financial
institution specified in paragraph (1).
(b) Additional Foreign Financial Institutions.--
(1) List required.--Not later than 30 days after making an
affirmative determination under section 1293(1), and every 90
days thereafter, the President shall submit to the
appropriate congressional committees a list of foreign
persons that the President determines--
(A) are significant financial institutions owned or
operated by the Government of the Russian Federation; and
(B) should be sanctioned in the interest of United States
national security.
(2) Imposition of sanctions.--Upon the submission of each
list required by paragraph (1), the President shall impose
the sanctions described in subsection (c) with respect to
each foreign person identified on the list.
(c) Sanctions Described.--The President shall exercise all
of the powers granted 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 subject to
subsection (a) or (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.

SEC. 1296. PROHIBITION ON AND IMPOSITION OF SANCTIONS WITH
RESPECT TO TRANSACTIONS INVOLVING RUSSIAN
SOVEREIGN DEBT.

(a) Prohibition on Transactions.--Upon making an
affirmative determination under section 1293(1) and not later
than 30 days following such a determination, the President
shall prohibit all transactions by United States persons
involving the sovereign debt of the Government of the Russian
Federation issued on or after the date of the enactment of
this Act, including governmental bonds.
(b) Imposition of Sanctions With Respect to State-owned
Enterprises.--
(1) In general.--Not later than 60 days after making an
affirmative determination under section 1293(1), the
President shall identify and impose the sanctions described
in subsection (d) with respect to foreign persons that the
President determines engage in transactions involving the
debt--
(A) of not less than 10 entities owned or controlled by the
Government of the Russian Federation; and
(B) that is not subject to any other sanctions imposed by
the United States.
(2) Applicability.--Sanctions imposed under paragraph (1)
shall apply with respect to debt of an entity described in
subparagraph (A) of that paragraph that is issued after the
date that is 90 days after the President makes an affirmative
determination under section 1293(1).
(c) List; Imposition of Sanctions.--Not later than 30 days
after making an affirmative determination under section
1293(1), and every 90 days thereafter, the President shall--
(1) submit to the appropriate congressional committees a
list of foreign persons that the President determines are
engaged in transactions described in subsection (a); and
(2) impose the sanctions described in subsection (d) with
respect to each such person.
(d) Sanctions Described.--The sanctions to be imposed with
respect to a foreign person described in subsection (b) or
(c) are the following:
(1) Property blocking.--The President shall exercise all of
the powers granted 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 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) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (b) or (c) 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 shall be revoked, regardless of when such visa or
other entry documentation is or was issued.

[[Page S8798]]

(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.

SEC. 1297. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD
STREAM 2.

(a) In General.--Upon making an affirmative determination
under section 1293(1) and not later than 30 days following
such a determination, the President shall impose the
sanctions described in subsection (b) with respect to a
foreign person that is--
(1) any entity established for or responsible for the
planning, construction, or operation of the Nord Stream 2
pipeline or a successor entity; and
(2) any corporate officer of an entity described in
paragraph (1).
(b) Sanctions Described.--The sanctions to be imposed with
respect to a foreign person under this section are the
following:
(1) Property blocking.--The President shall exercise all of
the powers granted 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 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) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a)(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.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of
an alien 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.

SEC. 1298. SANCTIONS WITH RESPECT TO RUSSIAN EXTRACTIVE
INDUSTRIES.

(a) Identification.--Not later than 60 days after making an
affirmative determination under section 1293(1), the
President shall identify foreign persons in any of the
sectors or industries described in subsection (b) that the
President determines should be sanctioned in the interest of
United States national security.
(b) Sectors and Industries Described.--The sectors and
industries described in this subsection are the following:
(1) Oil and gas extraction and production.
(2) Coal extraction, mining, and production.
(3) Minerals extraction and processing.
(4) Any other sector or industry with respect to which the
President determines the imposition of sanctions is in the
United States national security interest.
(c) List; Imposition of Sanctions.--Not later than 90 days
after making an affirmative determination under section
1293(1), the President shall--
(1) submit to the appropriate congressional committees a
list of the persons identified under subsection (a); and
(2) impose the sanctions described in subsection (d) with
respect to each such person.
(d) Sanctions Described.--The sanctions to be imposed with
respect to a foreign person under subsection (c) are the
following:
(1) Property blocking.--The President shall exercise all of
the powers granted 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 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) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (c) 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 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.

SEC. 1299. AUTHORIZATION FOR USE OF WAR RESERVE STOCKPILE FOR
ARMED FORCES OF UKRAINE.

Notwithstanding section 514 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h) or any other authorized limits set
in law, the Secretary of Defense, in concurrence with the
Secretary of State, is authorized to transfer defense
articles from any war reserve stockpile to Ukraine for the
purpose of assisting and supporting the Armed Forces of
Ukraine.

SEC. 1299A. USE OF DEPARTMENT OF DEFENSE LEASE AUTHORITY AND
SPECIAL DEFENSE ACQUISITION FUND TO SUPPORT
UKRAINE.

(a) Use of Special Defense Acquisition Fund.--The Secretary
of Defense, in concurrence with the Secretary of State, shall
utilize, to the maximum extent possible, the Special Defense
Acquisition Fund established under section 51 of the Arms
Export Control Act (22 U.S.C. 2795) to expedite the
procurement and delivery of defense articles and defense
services for the purpose of assisting and supporting the
Armed Forces of Ukraine.
(b) Use of Lease Authority.--The Secretary of Defense, in
concurrence with the Secretary of State, shall utilize, to
the maximum extent possible, its lease authority, including
with respect to no-cost leases, to provide defense articles
to Ukraine for the purpose of assisting and supporting the
Armed Forces of Ukraine.

SEC. 1299B. IMPLEMENTATION; REGULATIONS; PENALTIES.

(a) 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 subtitle.
(b) Regulations.--The President shall issue such
regulations, licenses, and orders as are necessary to carry
out this subtitle.
(c) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
subtitle or any regulation, license, or order issued to carry
out this subtitle 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. 1299C. EXCEPTIONS; WAIVER.

(a) Exceptions.--
(1) 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.
(2) Exception comply with united nations headquarters
agreement and law enforcement objectives.--Sanctions under
this subtitle shall not apply to an alien if admitting the
alien into the United States--
(A) is necessary to permit the United States to comply with
the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success on June 26, 1947, and entered
into force November 21, 1947, between the United Nations and
the United States, or other applicable international
obligations of the United States; or
(B) would further important law enforcement objectives.
(3) Exception relating to importation of goods.--
(A) In general.--Notwithstanding any other provision of
this subtitle, the authority or a requirement to impose
sanctions under this subtitle 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.
(b) National Security Waiver.--The President may waive the
imposition of sanctions under this subtitle with respect to a
person if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
notification of the waiver and the reasons for the waiver.

SEC. 1299D. TERMINATION.

The President may terminate the sanctions imposed under
this subtitle after determining and certifying to the
appropriate congressional committees that the Government of
the Russian Federation has--
(1) verifiably withdrawn all of its forces from Ukrainian
territory that was not occupied or subject to control by
forces or proxies of the Government of the Russian Federation
prior to November 1, 2021;
(2) ceased supporting proxies in Ukrainian territory
described in paragraph (1); and
(3) has entered into an agreed settlement with a legitimate
democratic government of Ukraine.

SEC. 1299E. SUNSET.

The provisions of this subtitle shall terminate on the
date that is 3 years after the date of the enactment of this
Act.

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