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[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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