[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3513 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3513
To impose additional sanctions with respect to the Russian Federation
if the Government of the Russian Federation infringes on the
territorial integrity of Ukraine, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 13 (legislative day, January 10), 2022
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To impose additional sanctions with respect to the Russian Federation
if the Government of the Russian Federation infringes on the
territorial integrity of Ukraine, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deterring Authoritarian Hostilities
Act of 2022''.
SEC. 2. DEFINITIONS.
In this Act:
(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) 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).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on Finance,
the Select Committee on Intelligence, and the Committee
on Rules and Administration of the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on Ways and Means, the
Permanent Select Committee on Intelligence, and the
Committee on House Administration of the House of
Representatives.
(4) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the appropriate congressional committees;
(B) the majority leader and minority leader of the
Senate; and
(C) the Speaker, the majority leader, and the
minority leader of the House of Representatives.
(5) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2)
of title 31, United States Code.
(6) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
regulations prescribed by the Secretary of the Treasury.
(7) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(8) Good.--The term ``good'' means any article, natural or
manmade substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(9) Person.--The term ``person'' means individual or
entity.
(10) 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 of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) a person in the United States.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD STREAM 2 AG.
Not later than 30 days after the date of the enactment of this Act,
the President shall impose the sanctions described in subsection (b) of
section 10 of the Support for the Sovereignty, Integrity, Democracy,
and Economic Stability of Ukraine Act of 2014 (22 U.S.C. 8909), as
added by section 228 of the Countering America's Adversaries Through
Sanctions Act (Public Law 115-44; 131 Stat. 911), with respect to Nord
Stream 2 AG.
SEC. 4. ASSESSMENT OF INFRINGEMENT OF TERRITORIAL INTEGRITY OF UKRAINE
BY RUSSIAN FEDERATION.
(a) Assessment Required.--
(1) In general.--Not later than 20 days after the date of
the enactment of this Act, and every 20 days thereafter, the
Director of National Intelligence, in consultation with the
Director of the Central Intelligence Agency, the Secretary of
State, and the Secretary of Defense, shall transmit to the
appropriate congressional committees and leadership an
assessment of whether or not the Government of the Russian
Federation, or any foreign person acting as an agent of or on
behalf of that Government, has engaged, in the preceding 20-day
period, in any act that infringes on the integrity of the
territory of Ukraine (as in existence on the day before the
date of the enactment of this Act).
(2) Form.--The assessment required by paragraph (1) shall
be submitted in an unclassified form, but any supporting
information may be submitted in a classified annex.
(b) Effect of Assessment.--If the Director of National Intelligence
assesses under subsection (a) that the Government of the Russian
Federation, or any foreign person acting as an agent of or on behalf of
that Government, has engaged, in the preceding 20-day period, in any
act described in subsection (a)(1), the President shall impose the
sanctions described in section 5.
(c) Congressional Requests.--Not later than 10 days after receiving
a request from the chairman or ranking member of one of the appropriate
congressional committees with respect to whether the Government of the
Russian Federation, or any foreign person acting as an agent for or on
behalf of that Government, has engaged in an act described in
subsection (a)(1), the President shall--
(1) determine if the Government of the Russian Federation
has engaged in such an act; and
(2) submit a classified or unclassified report to the
committee the chairman or ranking member of which submitted the
request with respect to that determination that includes a
statement of whether or not the President imposed, or intends
to impose, sanctions described section 5.
SEC. 5. IMPOSITION OF SANCTIONS.
(a) In General.--On and after the date on which the Director of
National Intelligence assesses under section 4 that the Government of
the Russian Federation, or any foreign person acting as an agent of or
on behalf of that Government, has engaged in an act that infringes on
the territorial integrity of Ukraine, the President shall impose the
sanctions described in subsection (c) with respect to a foreign person
described in subsection (b).
(b) Foreign Persons Described.--A foreign person described in this
subsection is a foreign person that the Secretary of the Treasury, in
consultation with the Secretary of State, determines--
(1)(A) operates in--
(i) the energy, financial, mining, or aerospace
sectors of the economy of the Russian Federation; or
(ii) any other sector of the economy of the Russian
Federation determined by the Secretary of the Treasury,
in consultation with the Secretary of State, to support
actions or policies that threaten the peace, security,
or stability of Ukraine or any other state actor;
(B) has directly or indirectly engaged, or attempted to
engage, in a significant transaction for the sale, supply, or
transfer to or from the Russian Federation of significant goods
or services used in connection with a sector of the economy of
the Russian Federation described in subparagraph (A); or
(C) has knowingly engaged in a significant transaction for
the sale, supply, or transfer to or from the Russian Federation
of significant goods or services used in connection with a
sector of the economy of the Russian Federation described in
subparagraph (A);
(2)(A) is the President, the Prime Minister, the Minister
of Defense, or the Ministry of Defense of the Government of the
Russian Federation; or
(B) is any entity controlled in whole or in part by an
person described subparagraph (A) or a successor to such an
entity that benefits the military of the Russian Federation; or
(3) is a senior foreign political figure or oligarch in the
Russian Federation identified in the report required by section
241(a) of the Countering America's Adversaries Through
Sanctions Act (Public Law 115-44; 131 Stat. 922);
(4) knowingly and materially violates, attempts to violate,
conspires to violate, or has caused or attempted to cause a
violation of any license, order, regulation, or prohibition
contained in or issued pursuant to Executive Order 14024 (50
U.S.C. 1701 note; relating to blocking property with respect to
specified harmful foreign activities of the Government of the
Russian Federation) or this Act;
(5) is an adult family member of any person described in
any of paragraphs (1) through (4);
(6) knowingly facilitates a significant transaction or
transactions for or on behalf of a person described, or a
person that has engaged in the activity described, as the case
may be, in any of paragraphs (1) through (4);
(7) is owned or controlled by, or has acted for or on
behalf of, directly or indirectly, a person described, or a
person that has engaged in the activity described, as the case
may be, in any of paragraphs (1) through (4); or
(8) has knowingly and materially assisted, sponsored, or
provided financial, material, or technological support for, or
goods or services to or in support of, a person described, or a
person that has engaged in the activity described, as the case
may be, in any of paragraphs (1) through (4).
(c) Sanctions Described.--The sanctions to be imposed with respect
to a foreign person described in subsection (b) are the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President under 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) Facilitation of certain transactions.--In the case of a
foreign financial institution, the President shall prohibit the
opening, and prohibit or impose strict conditions on the
maintaining, in the United States of a correspondent account or
payable-through account by the foreign financial institution.
(3) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (b) 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.--An alien described in
subsection (b) 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) Public availability of information.--
Information about the denial or revocation of a visa or
other documentation under this paragraph shall be made
available to the public.
(d) Determination With Respect to Certain Foreign Financial
Institutions.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a determination with
respect to whether any foreign financial institution identified
in paragraph (2) is a foreign person described in subsection
(b).
(2) Foreign financial institution identified.--A foreign
financial institution identified under this subsection is any
of the following:
(A) Sberbank.
(B) VTB Bank.
(C) Gazprombank.
(D) Vnesheconombank.
(E) Rosselkhozbank.
(e) Extension of Period To Allow Cessation of Prohibited
Business.--The President may delay the imposition of sanctions under
this section for not more than 30 days if the President certifies to
the appropriate congressional committees that the extension--
(1) is in the national security interest of the United
States; and
(2) is necessary to enable non-Russian persons impacted by
sanctions under this section to wind down business prohibited
as a result of those sanctions.
(f) Congressional Requests.--Not later than 10 days after receiving
a request from the chairman or ranking member of one of the appropriate
congressional committees with respect to whether a foreign person is
described in subsection (b), the President shall--
(1) determine if the person is so described; and
(2) submit a classified or unclassified report to the
committee the chairman or ranking member of which submitted the
request with respect to that determination that includes a
statement of whether or not the President imposed or intends to
impose sanctions under this section with respect to that
person.
(g) 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.
(h) Exceptions.--
(1) Humanitarian exception.--Sanctions under this section
shall not apply with respect to any person for conducting or
facilitating a transaction for the provision (including any
sale) of agricultural commodities, food, medicine, or medical
devices to the Russian Federation.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(c)(3) shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) 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
(B) to carry out or assist law enforcement activity
in the United States.
(3) Exception for the importation of goods.--The
requirement to impose sanctions under this section shall not
include the authority or a requirement to impose sanctions with
respect to the importation of goods.
(i) National Security Waiver.--
(1) In general.--The President may, on a case-by-case
basis, waive the application of sanctions under this section
with respect to a person for renewable periods of not to exceed
90 days if the President submits to the appropriate
congressional committees a determination in writing that--
(A) the waiver is in the vital national security
interest of the United States; and
(B) failing to use the waiver will cause
significant adverse harm to the vital national security
interests of the United States.
(2) Sunset.--The authority to issue a waiver under
paragraph (1) shall terminate on the date that is 2 years after
the date of the enactment of this Act.
SEC. 6. PROHIBITION ON TRANSACTIONS INVOLVING CERTAIN RUSSIAN DEBT.
(a) In General.--The Secretary of the Treasury shall, pursuant to
such regulations as the Secretary may prescribe, prohibit all
transactions within the United States or by a United States person in--
(1) sovereign debt of the Government of the Russian
Federation issued on or after the date of the enactment of this
Act, including governmental bonds; and
(2) debt of any entity owned or controlled by the Russian
Federation issued on or after such date of enactment, including
bonds.
(b) 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.
SEC. 7. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH
RESPECT TO, THE PROVISION OF FINANCIAL COMMUNICATIONS
SERVICES TO THE CENTRAL BANK OF RUSSIAN FEDERATION AND
OTHER PERSONS.
(a) Report on the Provision of Financial Communications Services to
Central Bank of Russian Federation and Other Persons.--Not later than
30 days after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a list of all known entities (including SWIFT)
that provide financial communications services to, or that enable or
facilitate access to such services for, the Central Bank of the Russian
Federation or any person subject to sanctions under section 5.
(b) Report on Efforts To Terminate the Provision by SWIFT of
Services for Central Bank of Russian Federation and Other Persons.--Not
later than 10 days after the imposition of sanctions under section 5,
the Secretary of the Treasury shall submit to the appropriate
congressional committees a report on the status of efforts to ensure
that SWIFT has terminated the provision of financial communications
services to, and the enabling and facilitation of access to such
services for, the Central Bank of the Russian Federation or any person
subject to sanctions under section 5.
(c) Authorization for the Imposition of Sanctions.--If, on or after
the date that is 10 days after the date on which the report required by
subsection (b) is submitted, a global financial communications services
provider has not terminated the provision of financial communications
services to, and the enabling and facilitation of access to such
services for, the Central Bank of the Russian Federation or any person
subject to sanctions under section 5, the President may impose
sanctions pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) with respect to the financial communications
services provider and the directors of, and shareholders with a
significant interest in, the provider.
(d) SWIFT Defined.--In this section, the term ``SWIFT'' means the
Society for Worldwide Interbank Financial Telecommunication.
SEC. 8. STRATEGY ON COORDINATION WITH EUROPEAN UNION.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committees a strategy for how the United States will work with member
countries of the European Union to impose sanctions similar to the
sanctions imposed under this Act.
SEC. 9. TERMINATION.
The President may terminate sanctions and other measures imposed
under this Act on or after the date on which the Director of National
Intelligence, in consultation with the Director of the Central
Intelligence Agency, the Secretary of State, and the Secretary of
Defense, submits to the appropriate congressional committees and
leadership a certification that--
(1) the Government of the Russian Federation has withdrawn
all military and paramilitary forces from territory under the
control of the Government of Ukraine as of the date of the
enactment of this Act; and
(2) the President has received credible commitments from
the Government of the Russian Federation that that Government
will not engage in such hostile action in the future.
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