II 

117TH CONGRESS 

1ST SESSION S. 3407 

To promote security partnership with Ukraine. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 15, 2021 

Mr. RISCH (for himself, Mr. INHOFE, Mr. RUBIO, Mr. TOOMEY, Mr. BARRASSO, Mr. CORNYN, Mr. COTTON, Mr. HAGERTY, and Mr. PORTMAN) 

introduced the following bill; which was read twice and referred to the 

Committee on Foreign Relations 

A BILL 

To promote security partnership with Ukraine. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Guaranteeing Ukrainian Autonomy by Reinforcing its 

6 Defense (GUARD) Act of 2021’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—A DETERRENCE POLICY REGARDING UKRAINE 

Sec. 101. Statement of policy. 

Sec. 102. Strategy on United States diplomatic support for Ukraine. 


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Sec. 103. Special Envoy for Ukraine. 

Sec. 104. Potential designation of the Russian Federation as a state sponsor 

of terrorism. 

Sec. 105. Extension and modification of limitation on military cooperation between the United States and the Russian Federation. 

TITLE II—BOLSTERING UKRAINE’S DETERRENCE AGAINST 

RUSSIAN AGGRESSION 

Sec. 201. Appropriate congressional committees defined. 

Sec. 202. Amendment to presidential drawdown authority. 

Sec. 203. Foreign military financing. 

Sec. 204. Expedited excess defense articles transfer program. 

Sec. 205. Strategy on excess defense articles from allies. 

Sec. 206. Report on Ukrainian capabilities to counter air-based threats. 

Sec. 207. IMET cooperation with Ukraine. 

Sec. 208. Strategy on IMET programming in Ukraine. 

Sec. 209. Sense of Congress on loan program. 

Sec. 210. Strategy to protect Ukraine’s defense industry from strategic competitors. 

Sec. 211. Authorization of appropriations. 

TITLE III—SECURING UKRAINE AGAINST RUSSIA’S USE OF 

ENERGY AS A WEAPON 

Sec. 301. Imposition of sanctions with respect to Nord Stream 2. 

Sec. 302. Congressional review of waiver under protecting Europe’s Energy Security Act of 2019. 

Sec. 303. Application of congressional review under Countering America’s Adversaries Through Sanctions Act. 

Sec. 304. Inclusion of matter relating to Nord Stream 2 in report under Countering America’s Adversaries Through Sanctions Act. 

Sec. 305. Ukraine Security Assistance Initiative. 

Sec. 306. Appropriate congressional committees defined. 

1 TITLE I—A DETERRENCE POLICY 

2 REGARDING UKRAINE 

3 SEC. 101. STATEMENT OF POLICY. 

4 It is the policy of the United States to— 

5 (1) support the territorial integrity and sov6 ereignty of Ukraine; 

7 (2) declassify or downgrade United States intel8 ligence on Russian malign activities in Ukraine, 

9 Belarus, and the Baltic and Black Sea nations, ki10 netic or nonkinetic, to the maximum extent possible, 


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1 to enable and encourage dissemination to United 

2 States allies and partners and to the American pub3 lic; 

4 (3) provide critical capabilities, including sur5 face-to-air missiles, air defense systems, anti-ship 

6 missiles, anti-tank mines, and others, to Ukraine on 

7 an expedited basis; 

8 (4) encourage near-term, in-person visits by 

9 United States and Ukraine leaders to each other’s 

10 countries; and 

11 (5) support the rapid deployment of additional 

12 observers from the Organization for Security and 

13 Cooperation in Europe to monitor the Ukraine-Rus14 sian border and report aggressive acts. 

15 SEC. 102. STRATEGY ON UNITED STATES DIPLOMATIC SUP16 PORT FOR UKRAINE. 

17 (a) IN GENERAL.—Not later than 30 days after the 

18 date of the enactment of this Act, the Secretary of State 

19 shall submit to the appropriate congressional committees 

20 a report with a strategy on how the United States will 

21 work to diplomatically support Ukraine during fiscal years 

22 2022 through 2026. 

23 (b) ELEMENTS.—The report required under sub24 section (a) shall include the following elements: 


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1 (1) A description of how relevant departments 

2 and agencies of the United States Government will 

3 work together to collectively support efforts by the 

4 Government of Ukraine to deter Russian aggression 

5 in the form of military incursions, cyber attacks, the 

6 coercive use of energy resources, the disruption of 

7 lawful commerce and traffic to Ukrainian ports, use 

8 of passportization, efforts to corrupt the Ukrainian 

9 political and economic systems, and attempts to ma10 nipulate the public through disinformation cam11 paigns. 

12 (2) A description of the United States current 

13 efforts and strategy to support Ukrainian diplomatic 

14 initiatives when they align with United States inter15 ests. 

16 (3) A strategy on how the United States will 

17 use its voice and vote at the United Nations, OSCE, 

18 Council of Europe, NATO, and other relevant inter19 national bodies to support Ukraine and its reform 

20 efforts. 

21 (4) A strategy on how the United States will 

22 assist Ukraine in bolstering its diplomatic, economic, 

23 energy, and maritime relationships with key Black 

24 Sea countries, including Bulgaria, Romania, Turkey, 

25 and Georgia. 


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1 (5) A strategy on how the United States will 

2 engage with Germany, France, Ukraine, and Russia 

3 to advance the Normandy Format and Minsk Agree4 ments. 

5 (6) An assessment of Ukraine’s recent progress 

6 on anti-corruption reforms and a strategy on how 

7 the United States will work with allies to continue 

8 to engage Ukraine to ensure meaningful progress on 

9 democratic, economic, and anti-corruption reforms. 

10 (c) FORM.—The report required under subsection (a) 

11 shall be submitted in unclassified form, but may contain 

12 a classified annex. 

13 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

14 DEFINED.—In this section, the term ‘‘appropriate con15 gressional committees’’ means— 

16 (1) the Committee on Foreign Relations of the 

17 Senate; and 

18 (2) the Committee on Foreign Affairs of the 

19 House of Representatives. 

20 SEC. 103. SPECIAL ENVOY FOR UKRAINE. 

21 (a) ESTABLISHMENT.—The President should ap22 point, by and with the consent of the Senate, a Special 

23 Envoy for Ukraine, who should report to the Assistant 

24 Secretary of State for Europe and Eurasia. 


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1 (b) RANK.—The Special Envoy for Ukraine shall 

2 have the rank and status of ambassador. 

3 (c) RESPONSIBILITIES.—The Special Envoy for 

4 Ukraine should— 

5 (1) serve as the United States liaison to the 

6 Normandy Format, tasked with leading the peace 

7 process between Ukraine and the Russian Federa8 tion; 

9 (2) facilitate diplomatic outreach to and dia10 logue with countries in the Black Sea region that, 

11 like Ukraine, are faced with the impact of Russia’s 

12 growing militarization of the Sea; 

13 (3) coordinate closely with the Chief of Mission 

14 in Ukraine; 

15 (4) coordinate with the OSCE Special Moni16 toring Mission to Ukraine; and 

17 (5) provide the Committee on Foreign Relations 

18 of the Senate and the Committee on Foreign Affairs 

19 of the House of Representatives regular updates and 

20 briefings on the status of peace negotiations. 

21 (d) TERMINATION.—The Special Envoy for Ukraine 

22 position authorized under subsection (a) shall terminate 

23 5 years after the date of the enactment of this Act. 


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1 SEC. 104. POTENTIAL DESIGNATION OF THE RUSSIAN FED2 ERATION AS A STATE SPONSOR OF TER3 RORISM. 

4 (a) IN GENERAL.—Should the Government of the 

5 Russian Federation, or any of its proxies, advance their 

6 militaries on the territory or airspace of Ukraine beyond 

7 the area occupied as of December 15, 2021, the Secretary 

8 of State shall, within 5 days of that advancement, des9 ignate the Russian Federation as a state sponsor of ter10 rorism. 

11 (b) STATE SPONSOR OF TERRORISM DEFINED.—In 

12 this section, the term ‘‘state sponsor of terrorism’’ means 

13 a country, the government of which the Secretary of State 

14 has determined, for purposes of section 1754(c)(1)(A)(i) 

15 of the Export Control Reform Act of 2018 (50 U.S.C. 

16 4813(c)(1)(A)(i)), section 620A of the Foreign Assistance 

17 Act of 1961 (22 U.S.C. 2371), section 40 of the Arms 

18 Export Control Act (22 U.S.C. 2780), or any other provi19 sion of law, is a government that has repeatedly provided 

20 support for acts of international terrorism. 

21 SEC. 105. EXTENSION AND MODIFICATION OF LIMITATION 

22 ON MILITARY COOPERATION BETWEEN THE 

23 UNITED STATES AND THE RUSSIAN FEDERA24 TION. 

25 (a) EXTENSION.—Subsection (a) of section 1232 of 

26 the National Defense Authorization Act for Fiscal Year 


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1 2017 (Public Law 114–328; 130 Stat. 2488) is amended 

2 by striking ‘‘or 2021’’ and inserting ‘‘2021, or 2022’’. 

3 (b) WAIVER.—Subsection (c)(2) of such section is 

4 amended to read as follows: 

5 ‘‘(2) not later than 15 days before the date on 

6 which the waiver takes effect, and every 90 days 

7 thereafter, submits to the appropriate congressional 

8 committees— 

9 ‘‘(A) a notification that the waiver is in the 

10 national security interest of the United States 

11 and a description of the national security inter12 est covered by the waiver during the applicable 

13 reporting period; 

14 ‘‘(B) a description of any condition or pre15 requisite placed by the Russian Federation on 

16 military cooperation between the United States 

17 and the Russian Federation; 

18 ‘‘(C) a description of the results achieved 

19 by United States-Russian Federation military 

20 cooperation during the applicable reporting pe21 riod and an assessment of whether such results 

22 meet the national security objectives described 

23 under subparagraph (A); 

24 ‘‘(D) a description of the measures in place 

25 to mitigate counterintelligence or operational 


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1 security concerns and an assessment of whether 

2 such measures have succeeded, submitted in 

3 classified form as necessary; and 

4 ‘‘(E) a report explaining why the Secretary 

5 of Defense cannot make the certification under 

6 subsection (a).’’. 

7 TITLE II—BOLSTERING 

8 UKRAINE’S DETERRENCE 

9 AGAINST RUSSIAN AGGRES10 SION 

11 SEC. 201. APPROPRIATE CONGRESSIONAL COMMITTEES 

12 DEFINED. 

13 In this title, the term ‘‘appropriate congressional 

14 committees’’ means— 

15 (1) the Committee on Foreign Relations and 

16 the Committee on Armed Services of the Senate; and 

17 (2) the Committee on Foreign Affairs and the 

18 Committee on Armed Services of the House of Rep19 resentatives. 

20 SEC. 202. AMENDMENT TO PRESIDENTIAL DRAWDOWN AU21 THORITY. 

22 The authority under section 506(a) of the Foreign 

23 Assistance Act of 1961 (22 U.S.C. 2318(a)) may be exer24 cised during fiscal year 2022 for Ukraine to the maximum 

25 extent available for that fiscal year, without diminishing 


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1 the dollar limitation available under that section for such 

2 fiscal year. 

3 SEC. 203. FOREIGN MILITARY FINANCING. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated for the Department of State 

6 for fiscal year 2022 $450,000,000 for Foreign Military Fi7 nancing (FMF) assistance to Ukraine to assist the coun8 try in meeting its defense needs. 

9 (b) NOTICE TO CONGRESS.—Not later than 15 days 

10 before providing assistance or support pursuant to sub11 section (a), the Secretary of State shall submit to the ap12 propriate congressional committees and the Committees 

13 on Appropriations of the Senate and the House of Rep14 resentatives a notification containing the following: 

15 (1) A detailed description of the assistance or 

16 support to be provided, including— 

17 (A) the objectives of such assistance or 

18 support; 

19 (B) the budget for such assistance or sup20 port; and 

21 (C) the expected or estimated timeline for 

22 delivery of such assistance or support. 

23 (2) A description of such other matters as the 

24 Secretary considers appropriate. 


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1 (c) PRIORITIZATION.—Of the funds authorized under 

2 this section, $100,000,000 shall be set aside to— 

3 (1) prioritize the development of Ukrainian air 

4 defense capabilities, to include weapons systems; 

5 (2) prioritize the procurement of vessels for the 

6 Ukrainian Navy and other articles that bolster the 

7 capacity of the Ukrainian Navy to counter Russian 

8 maritime aggression and maintain the freedom of in9 nocent passage throughout the Black Sea; and 

10 (3) ensure adequate planning for maintenance 

11 for any equipment provided. 

12 (d) AUTHORITY TO PROVIDE LETHAL ASSIST13 ANCE.—The Secretary of State is authorized to provide 

14 lethal assistance under this section, including anti-armor 

15 weapon systems, mortars, crew-served weapons and am16 munition, grenade launchers and ammunition, anti-tank 

17 weapons systems, anti-ship weapons systems, anti-aircraft 

18 weapons systems, and small arms and ammunition. 

19 SEC. 204. EXPEDITED EXCESS DEFENSE ARTICLES TRANS20 FER PROGRAM. 

21 (a) IN GENERAL.—During fiscal years 2022 through 

22 2026, the delivery of excess defense articles to Ukraine 

23 shall be given the same priority as that given other coun24 tries and regions under section 516(c)(2) of the Foreign 

25 Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)). 


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1 (b) NOTIFICATION.—Notwithstanding section 516(f) 

2 of the Foreign Assistance Act of 1961 (22 U.S.C. 

3 2321j(f)), during fiscal years 2022 through 2026, the de4 livery of excess defense articles to Ukraine shall be subject 

5 to a 15-day notification requirement. 

6 SEC. 205. STRATEGY ON EXCESS DEFENSE ARTICLES FROM 

7 ALLIES. 

8 (a) IN GENERAL.—Not later than 30 days after the 

9 date of the enactment of this Act, the Secretary of State 

10 in consultation with the Secretary of Defense, shall submit 

11 to the appropriate congressional committees a classified 

12 strategy on how the United States will encourage third 

13 countries to donate excess defense equipment to Ukraine. 

14 (b) ELEMENTS.—The report required under sub15 section (a) shall include the following elements: 

16 (1) A listing of all friendly and allied nations 

17 that have excess defense material that may be com18 patible with the needs and systems utilized by the 

19 Armed Forces of Ukraine, including air defense sys20 tems, small arms and ammunition, artillery and 

21 multiple-launch rocket systems, and anti-tank sys22 tems. 

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1 courage allied nations to donate their excess defense 

2 articles to Ukraine on an expedited basis. 

3 SEC. 206. REPORT ON UKRAINIAN CAPABILITIES TO 

4 COUNTER AIR-BASED THREATS. 

5 (a) REPORT REQUIRED.—Not later than 180 days 

6 after the date of the enactment of this Act, the Secretary 

7 of Defense and the Secretary of State shall jointly submit 

8 to the appropriate committees of Congress a report on the 

9 capabilities of Ukraine to counter air-based threats. 

10 (b) ELEMENTS.—The report submitted under sub11 section (a) shall include the following elements: 

12 (1) An assessment of the risk to the armed 

13 forces of Ukraine posed by aerial threats, including 

14 current threats from weaponized unmanned aerial 

15 vehicles, manned aircraft, and missile and rocket at16 tacks. 

17 (2) An assessment of the current defensive ca18 pabilities of Ukraine to counter the threats described 

19 in paragraph (1) and assessed gaps in capabilities to 

20 address such threats. 

21 (3) A description of current efforts to build the 

22 defensive capabilities of Ukraine, an assessment of 

23 potential options for additional United States secu24 rity assistance to address shortfalls identified pursu25 ant to paragraph (2), and any considerations with 


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1 regard to absorption capacity, maintenance, and 

2 sustainment. 

3 SEC. 207. INTERNATIONAL MILITARY EDUCATION AND 

4 TRAINING COOPERATION WITH UKRAINE. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the Department of State 

7 $4,000,000 for each of fiscal years 2022 through 2026 

8 for International Military Education and Training 

9 (IMET) assistance for Ukraine. The assistance shall be 

10 made available for the following purposes: 

11 (1) Training of future leaders. 

12 (2) Fostering a better understanding of the 

13 United States. 

14 (3) Establishing a rapport between the United 

15 States Armed Forces and Ukraine’s military to build 

16 partnerships for the future. 

17 (4) Enhancement of interoperability and capa18 bilities for joint operations. 

19 (5) Focusing on professional military education, 

20 civilian control of the military, and human rights. 

21 (b) NOTICE TO CONGRESS.—Not later than 15 days 

22 before providing assistance or support pursuant to sub23 section (a), the Secretary of State shall submit to the 

24 Committee on Foreign Relations and the Committee on 

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1 eign Affairs and the Committee on Appropriations of the 

2 House of Representatives a notification containing the fol3 lowing elements: 

4 (1) A detailed description of the assistance or 

5 support to be provided, including— 

6 (A) the objectives of such assistance or 

7 support; 

8 (B) the budget for such assistance or sup9 port; and 

10 (C) the expected or estimated timeline for 

11 delivery of such assistance or support. 

12 (2) A description of such other matters as the 

13 Secretary considers appropriate. 

14 SEC. 208. STRATEGY ON IMET PROGRAMMING IN UKRAINE. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that the Government of Ukraine should fully utilize 

17 the United States IMET program, encourage eligible offi18 cers and civilian leaders to participate in the training, and 

19 promote successful graduates to positions of prominence 

20 in the Ukrainian Armed Forces. 

21 (b) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, the Secretary of State 

23 shall submit to the appropriate congressional committees 

24 a strategy for the implementation of the IMET program 

25 in Ukraine authorized under section 207. 


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1 (c) ELEMENTS.—The strategy required under sub2 section (a) shall include the following elements: 

3 (1) A clear plan, developed in close consultation 

4 with the Ukrainian Ministry of Defense and the 

5 Armed Forces of Ukraine, for how the IMET pro6 gram will be used by the United States Government 

7 and the Government of Ukraine to propel program 

8 graduates to positions of prominence in support of 

9 the Ukrainian military’s reform efforts in line with 

10 NATO standards. 

11 (2) An assessment of the education and train12 ing requirements of the Ukrainian military and clear 

13 recommendations for how IMET graduates should 

14 be assigned by the Ukrainian Ministry of Defense 

15 upon completion of education or training. 

16 (3) An accounting of the current combat re17 quirements of the Ukrainian military and an assess18 ment of the viability of alternative mobile training 

19 teams, distributed learning, and other flexible solu20 tions to reach such students. 

21 (4) An identification of opportunities to influ22 ence the next generation of leaders through attend23 ance at United States staff and war colleges, junior 

24 leader development programs, and technical schools. 


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1 (d) FORM.—The strategy required under subsection 

2 (a) shall be submitted in unclassified form, but may con3 tain a classified annex. 

4 SEC. 209. SENSE OF CONGRESS ON LOAN PROGRAM. 

5 It is the sense of Congress that— 

6 (1) as appropriate, the United States Govern7 ment should provide direct loans to Ukraine for the 

8 procurement of defense articles, defense services, 

9 and design and construction services pursuant to the 

10 authority of section 23 of the Arms Export Control 

11 Act (22 U.S.C. 2763) to support the further devel12 opment of Ukraine’s military forces; and 

13 (2) such loans should be considered an additive 

14 security assistance tool, and not a substitute for 

15 Foreign Military Financing for grant assistance or 

16 Ukraine Security Assistance Initiative programming. 

17 SEC. 210. STRATEGY TO PROTECT UKRAINE’S DEFENSE IN18 DUSTRY FROM STRATEGIC COMPETITORS. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that the United States should work with the Govern21 ment of Ukraine to ensure strategic assets and companies 

22 in Ukraine’s aerospace and defense sector are not subject 

23 to foreign ownership, control, or undue influence by stra24 tegic competitors to the United States, such as the Peo25 ple’s Republic of China (PRC). These efforts will require 


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1 support from across the executive branch and should lever2 age all available tools and authorities. 

3 (b) STRATEGY REQUIRED.— 

4 (1) IN GENERAL.—Not later than 30 days after 

5 the date of the enactment of this Act, the President, 

6 acting through the Secretary of Defense and the 

7 Secretary of State and in consultation with the 

8 heads of other relevant Departments and agencies as 

9 the President may determine, shall submit to the ap10 propriate committees of Congress a strategy to sup11 port Ukraine in protecting its aerospace and defense 

12 industry from predatory investments. 

13 (2) ELEMENTS.—The strategy required under 

14 paragraph (1) shall include the following elements: 

15 (A) An assessment of the efforts by stra16 tegic competitors, such as the PRC, to acquire 

17 strategic assets and companies in Ukraine’s 

18 aerospace and defense sector and the national 

19 security implications for Ukraine, the United 

20 States, and other NATO allies and partners. 

21 (B) An assessment of the vulnerabilities 

22 that strategic competitors of the United States 

23 exploit to acquire strategic assets in the 

24 Ukrainian aerospace and defense sector, 

25 Ukraine’s progress in addressing them, and 


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1 United States initiatives to support these ef2 forts such as assistance in strengthening 

3 Ukraine’s investment screening and national se4 curity vetting laws. 

5 (C) An assessment of Ukraine’s efforts to 

6 make reforms necessary to incentivize Western 

7 investment in Ukraine’s aerospace and defense 

8 sector and United States support for these ef9 forts. 

10 (D) A strategy to— 

11 (i) promote, as appropriate, United 

12 States direct investment in Ukraine’s aero13 space and defense sector; 

14 (ii) better leverage tools like debt fi15 nancing, equity investments, and political 

16 risk insurance to incentivize greater par17 ticipation by United States firms; 

18 (iii) provide an alternative to PRC in19 vestments; and 

20 (iv) engage like-minded allies and 

21 partners on these efforts. 

22 (3) FORM.—The strategy required under para23 graph (1) shall be submitted in classified form. 


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1 SEC. 211. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated to the Department of State $50,000,000 for each 

4 of the fiscal years 2022 through 2026 for the purposes 

5 described in subsection (b) with respect to Ukraine. 

6 (b) USE OF FUNDS.—Amounts appropriated pursu7 ant to subsection (a) may only be used— 

8 (1) to strengthen Ukraine’s cyber security, 

9 cyber resilience and intellectual property enforce10 ment; 

11 (2) to provide support and training in Ukraine 

12 for— 

13 (A) sectoral reforms related to banking 

14 and public finance management reform; 

15 (B) the privatization of state-owned enter16 prises; 

17 (C) regulatory independence; 

18 (D) subsidy reform; 

19 (E) land reform; 

20 (F) corporate governance; and 

21 (G) foreign investment screening; 

22 (3) to combat corruption, improve the rule of 

23 law, and otherwise strengthen independent legal in24 stitutions, including by— 

25 (A) expanding regional anti-corruption 

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1 istry officials, law enforcement officers, judges, 

2 and prosecutors to build peer support, share 

3 best practices, maintain reform momentum, and 

4 protect reforms from capture; and 

5 (B) supporting regional training of United 

6 States Embassy personal responsible for sup7 porting anti-corruption and the rule of law to 

8 improve their effectiveness in supporting the 

9 consolidation and expansion of reform; 

10 (4) to respond to the humanitarian crises 

11 caused or aggravated by the invasion and occupation 

12 of Ukraine by the Russian Federation, including by 

13 supporting internally displaced persons and commu14 nities in conflict-affected areas; 

15 (5) to improve participatory legislative proc16 esses in Ukraine, including through— 

17 (A) engagement with members of the 

18 Verkhovna Rada; 

19 (B) training on government oversight, legal 

20 education, political transparency and competi21 tion, and compliance with international obliga22 tions; and 

23 (C) supporting the development of profes24 sional legislative staff to advise and assist mem25 ber of the Verkhovna Rada and committees in 


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1 the execution of their duties and build legal and 

2 policy expertise within the Verkhovna Rada; 

3 and 

4 (6) to further build the capacity of civil society, 

5 independent media, human rights, and other non6 governmental organizations in Ukraine, with an em7 phasis on— 

8 (A) building capacity outside of Kyiv; and 

9 (B) regional civil society training and ex10 change programs. 

11 TITLE III—SECURING UKRAINE 

12 AGAINST RUSSIA’S USE OF 

13 ENERGY AS A WEAPON 

14 SEC. 301. IMPOSITION OF SANCTIONS WITH RESPECT TO 

15 NORD STREAM 2. 

16 (a) IN GENERAL.—Not later than 15 days after the 

17 date of the enactment of this Act, the President shall— 

18 (1) impose sanctions under subsection (b) with 

19 respect to any corporate officer of an entity estab20 lished for or responsible for the planning, construc21 tion, or operation of the Nord Stream 2 pipeline or 

22 a successor entity; and 

23 (2) impose sanctions under subsection (c) with 

24 respect to any entity described in paragraph (1). 


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1 (b) INELIGIBILITY FOR VISAS, ADMISSION, OR PA2 ROLE OF IDENTIFIED PERSONS AND CORPORATE OFFI3 CERS.— 

4 (1) VISAS, ADMISSION, OR PAROLE.—An alien 

5 described in subsection (a)(1) is— 

6 (A) inadmissible to the United States; 

7 (B) ineligible to receive a visa or other doc8 umentation to enter the United States; and 

9 (C) otherwise ineligible to be admitted or 

10 paroled into the United States or to receive any 

11 other benefit under the Immigration and Na12 tionality Act (8 U.S.C. 1101 et seq.). 

13 (2) CURRENT VISAS REVOKED.— 

14 (A) IN GENERAL.—The visa or other entry 

15 documentation of an alien described in sub16 section (a)(1) shall be revoked, regardless of 

17 when such visa or other entry documentation is 

18 or was issued. 

19 (B) IMMEDIATE EFFECT.—A revocation 

20 under clause (i) shall— 

21 (i) take effect immediately; and 

22 (ii) automatically cancel any other 

23 valid visa or entry documentation that is in 

24 the alien’s possession. 


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1 (c) BLOCKING OF PROPERTY OF IDENTIFIED PER2 SONS.—The President shall exercise all powers granted to 

3 the President by the International Emergency Economic 

4 Powers Act (50 U.S.C. 1701 et seq.) to the extent nec5 essary to block and prohibit all transactions in all property 

6 and interests in property of an entity described in sub7 section (a)(1) if such property and interests in property 

8 are in the United States, come within the United States, 

9 or are or come within the possession or control of a United 

10 States person. 

11 (d) EXCEPTIONS.— 

12 (1) EXCEPTION FOR INTELLIGENCE, LAW EN13 FORCEMENT, AND NATIONAL SECURITY ACTIVI14 TIES.—Sanctions under this section shall not apply 

15 to any authorized intelligence, law enforcement, or 

16 national security activities of the United States. 

17 (2) EXCEPTION TO COMPLY WITH UNITED NA18 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

19 under this section shall not apply with respect to the 

20 admission of an alien to the United States if the ad21 mission of the alien is necessary to permit the 

22 United States to comply with the Agreement regard23 ing the Headquarters of the United Nations, signed 

24 at Lake Success June 26, 1947, and entered into 

25 force November 21, 1947, between the United NaVerDate Sep 11 2014 22:22 Dec 20, 2021 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3407.IS S3407

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1 tions and the United States, the Convention on Con2 sular Relations, done at Vienna April 24, 1963, and 

3 entered into force March 19, 1967, or other applica4 ble international obligations. 

5 (3) EXCEPTION RELATING TO IMPORTATION OF

6 GOODS.— 

7 (A) IN GENERAL.—Notwithstanding any 

8 other provision of this section, the authorities 

9 and requirements to impose sanctions under 

10 this section shall not include the authority or a 

11 requirement to impose sanctions on the impor12 tation of goods. 

13 (B) GOOD DEFINED.—In this paragraph, 

14 the term ‘‘good’’ means any article, natural or 

15 man-made substance, material, supply or manu16 factured product, including inspection and test 

17 equipment, and excluding technical data. 

18 (e) CONDITIONS FOR REMOVAL OF SANCTIONS.— 

19 Subject to review by Congress under section 216 of the 

20 Countering America’s Adversaries Through Sanctions Act 

21 (22 U.S.C. 9511), the President may waive the application 

22 of sanctions under this section if the President— 

23 (1) determines that the waiver is in the national 

24 security interest of the United States; and 


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1 (2) submits to the appropriate committees of 

2 Congress a report on the waiver and the reason for 

3 the waiver. 

4 (f) IMPLEMENTATION; PENALTIES.— 

5 (1) IMPLEMENTATION.—The President may ex6 ercise all authorities provided to the President under 

7 sections 203 and 205 of the International Emer8 gency Economic Powers Act (50 U.S.C. 1702 and 

9 1704) to carry out this section. 

10 (2) PENALTIES.—A person that violates, at11 tempts to violate, conspires to violate, or causes a 

12 violation of this section or any regulation, license, or 

13 order issued to carry out this section shall be subject 

14 to the penalties set forth in subsections (b) and (c) 

15 of section 206 of the International Emergency Eco16 nomic Powers Act (50 U.S.C. 1705) to the same ex17 tent as a person that commits an unlawful act de18 scribed in subsection (a) of that section. 

19 (g) SUNSET.—The authority to impose sanctions 

20 under this section shall terminate on the date that is 5 

21 years after the date of the enactment of this Act. 

22 (h) DEFINITIONS.—In this section: 

23 (1) ADMISSION; ADMITTED; ALIEN.—The terms 

24 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 


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1 meanings given those terms in section 101 of the 

2 Immigration and Nationality Act (8 U.S.C. 1101). 

3 (2) APPROPRIATE COMMITTEES OF CON4 GRESS.—The term ‘‘appropriate committees of Con5 gress’’ means— 

6 (A) the Committee on Foreign Relations 

7 and the Committee on Banking, Housing, and 

8 Urban Affairs of the Senate; and 

9 (B) the Committee on Foreign Affairs and 

10 the Committee on Financial Services of the 

11 House of Representatives. 

12 (3) UNITED STATES PERSON.—The term 

13 ‘‘United States person’’ means— 

14 (A) a United States citizen or an alien law15 fully admitted for permanent residence to the 

16 United States; 

17 (B) an entity organized under the laws of 

18 the United States or any jurisdiction within the 

19 United States, including a foreign branch of 

20 such an entity; or 

21 (C) any person within the United States. 


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1 SEC. 302. CONGRESSIONAL REVIEW OF WAIVER UNDER 

2 PROTECTING EUROPE’S ENERGY SECURITY 

3 ACT OF 2019. 

4 Section 7503(f) of the Protecting Europe’s Energy 

5 Security Act of 2019 (title LXXV of Public Law 116– 

6 92; 22 U.S.C. 9526 note) is amended, in the matter pre7 ceding paragraph (1), by striking ‘‘The President’’ and in8 serting ‘‘Subject to review by Congress under section 216 

9 of the Countering America’s Adversaries Through Sanc10 tions Act (22 U.S.C. 9511), the President’’. 

11 SEC. 303. APPLICATION OF CONGRESSIONAL REVIEW 

12 UNDER COUNTERING AMERICA’S ADVER13 SARIES THROUGH SANCTIONS ACT. 

14 Section 216(a)(2) of the Countering America’s Ad15 versaries Through Sanctions Act (22 U.S.C. 9511(a)(2)) 

16 is amended— 

17 (1) in subparagraph (A)— 

18 (A) in clause (i), by inserting ‘‘(other than 

19 sanctions described in clause (i)(IV) of that 

20 subparagraph)’’ after ‘‘subparagraph (B)’’; and 

21 (B) in clause (ii), by inserting ‘‘or other22 wise remove’’ after ‘‘waive’’; and 

23 (2) in subparagraph (B)(i)— 

24 (A) in subclause (II), by striking ‘‘; or’’ 

25 and inserting a semicolon; 


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1 (B) in subclause (III), by striking ‘‘; and’’ 

2 and inserting a semicolon; and 

3 (C) by adding at the end the following: 

4 ‘‘(IV) section 7503 of the Pro5 tecting Europe’s Energy Security Act 

6 of 2019 (title LXXV of Public Law 

7 116–92; 22 U.S.C. 9526 note); or 

8 ‘‘(V) section 301 of the Guaran9 teeing Ukrainian Autonomy by Rein10 forcing its Defense (GUARD) Act of 

11 2021; and’’. 

12 SEC. 304. INCLUSION OF MATTER RELATING TO NORD 

13 STREAM 2 IN REPORT UNDER COUNTERING 

14 AMERICA’S ADVERSARIES THROUGH SANC15 TIONS ACT. 

16 Each report submitted under section 216(a)(1) of the 

17 Countering America’s Adversaries Through Sanctions Act 

18 (22 U.S.C. 9511(a)(1)) relating to sanctions under section 

19 301 of this Act or section 7503 of the Protecting Europe’s 

20 Energy Security Act of 2019 (title LXXV of Public Law 

21 116–92; 22 U.S.C. 9526 note) shall include— 

22 (1) an assessment of the security risks posed by 

23 Nord Stream 2, including— 

24 (A) the presence along Nord Stream 2 or 

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1 ridors of undersea surveillance systems and sen2 sors, fiber optic terminals, or other systems 

3 that are capable of conducting military or intel4 ligence activities unrelated to civilian energy 

5 transmission, including those designed to en6 hance Russian Federation anti-submarine war7 fare, surveillance, espionage, or sabotage capa8 bilities; 

9 (B) the use of Nord Stream-affiliated in10 frastructure, equipment, personnel, vessels, fi11 nancing, or other assets— 

12 (i) to facilitate, carry out, or conceal 

13 Russian Federation maritime surveillance, 

14 espionage, or sabotage activities; 

15 (ii) to justify the presence of Russian 

16 Federation naval vessels or military per17 sonnel or equipment in international 

18 waters or near North Atlantic Treaty Or19 ganization or partner countries; 

20 (iii) to disrupt freedom of navigation; 

21 or 

22 (iv) to pressure or intimidate coun23 tries in the Baltic Sea; 

24 (C) the involvement in the Nord Stream 2 

25 pipeline or its affiliated entities of current or 


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1 former Russian, Soviet, or Warsaw Pact intel2 ligence and military personnel and any business 

3 dealings between Nord Stream 2 and entities 

4 affiliated with the intelligence or defense sector 

5 of the Russian Federation; and 

6 (D) malign influence activities of the Gov7 ernment of the Russian Federation, including 

8 strategic corruption and efforts to influence Eu9 ropean decisionmakers, supported or financed 

10 through the Nord Stream 2 pipeline; 

11 (2) an assessment of whether the Russian Fed12 eration maintains gas transit through Ukraine at 

13 levels consistent with the volumes set forth in the 

14 Ukraine-Russian Federation gas transit agreement 

15 of December 2019 and continues to pay the transit 

16 fees specified in that agreement; 

17 (3) an assessment of the status of negotiations 

18 between the Russian Federation and Ukraine to se19 cure an agreement to extend gas transit through 

20 Ukraine beyond the expiration of the agreement de21 scribed in paragraph (2); 

22 (4) an assessment of whether the United States 

23 and Germany have agreed on a common definition 

24 for energy ‘‘weaponization’’ and the associated trig25 gers for sanctions and other enforcement actions, 


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1 pursuant to the Joint Statement of the United 

2 States and Germany on support for Ukraine, Euro3 pean energy security, and our climate goals, dated 

4 July 21, 2021; and 

5 (5) a description of the consultations with 

6 United States allies and partners in Europe, includ7 ing Ukraine, Poland, and the countries in Central 

8 and Eastern Europe most impacted by the Nord 

9 Stream 2 pipeline concerning the matters agreed to, 

10 as described in paragraph (4). 

11 SEC. 305. UKRAINE SECURITY ASSISTANCE INITIATIVE. 

12 There is authorized to be appropriated $50,000,000 

13 for fiscal year 2022 for the Ukraine Security Assistance 

14 Initiative for the purpose of providing lethal aid assist15 ance. Such amount is in addition to any other amounts 

16 appropriated or otherwise made available for such fiscal 

17 year for such purposes. 

18 SEC. 306. APPROPRIATE CONGRESSIONAL COMMITTEES 

19 DEFINED. 

20 In this title, the term ‘‘appropriate congressional 

21 committees’’ means— 

22 (1) the Committee on Foreign Relations and 

23 the Committee on Appropriations of the Senate; and 


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1 (2) the Committee on Foreign Affairs and the 

2 Committee on Appropriations of the House of Rep3 resentatives. 

Æ 


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