Guaranteeing Ukrainian Autonomy by Reinforcing its Defense (GUARD) Act of 2021
This bill provides support for Ukraine and imposes sanctions related to Nord Stream 2, the pipeline constructed to increase exports of natural gas from Russia.
If Russia or any of its proxies militarily advance into Ukraine's territory or airspace beyond the area occupied as of December 15, 2021, the Department of State must designate Russia a state sponsor of terrorism.
The bill authorizes the State Department to provide Foreign Military Financing assistance to Ukraine in FY2022. The bill also authorizes providing Ukraine with lethal assistance, such as anti-armor weapon systems and anti-aircraft weapons systems.
From FY2022-FY2026, Ukraine shall have priority access to excess defense articles.
During the same time period, the bill also authorizes providing Ukraine with assistance, including (1) International Military Education and Training assistance; (2) assistance to strengthen cybersecurity and intellectual property enforcement; (3) support and training for banking reform, subsidy reform, corporate governance, and the privatization of state-owned enterprises; and (4) assistance to combat corruption and improve the rule of law.
Within 15 days of this bill's enactment, the President must impose sanctions on any entity responsible for planning, constructing, or operating Nord Stream 2, as well as any corporate officer of such an entity. The bill also subjects the President's authority to waive certain sanctions to congressional review.
The bill requires reports to Congress on various topics, including a strategy on using U.S. diplomacy to support Ukraine.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3407 Introduced in Senate (IS)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Guaranteeing
Ukrainian Autonomy by Reinforcing its Defense (GUARD) Act of 2021''.
(b) Table of Contents.--The table of contents for 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.
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.
TITLE I--A DETERRENCE POLICY REGARDING UKRAINE
SEC. 101. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) support the territorial integrity and sovereignty of
Ukraine;
(2) declassify or downgrade United States intelligence on
Russian malign activities in Ukraine, Belarus, and the Baltic
and Black Sea nations, kinetic or nonkinetic, to the maximum
extent possible, to enable and encourage dissemination to
United States allies and partners and to the American public;
(3) provide critical capabilities, including surface-to-air
missiles, air defense systems, anti-ship missiles, anti-tank
mines, and others, to Ukraine on an expedited basis;
(4) encourage near-term, in-person visits by United States
and Ukraine leaders to each other's countries; and
(5) support the rapid deployment of additional observers
from the Organization for Security and Cooperation in Europe to
monitor the Ukraine-Russian border and report aggressive acts.
SEC. 102. STRATEGY ON UNITED STATES DIPLOMATIC SUPPORT FOR UKRAINE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report with a strategy on how
the United States will work to diplomatically support Ukraine during
fiscal years 2022 through 2026.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of how relevant departments and agencies
of the United States Government will work together to
collectively support efforts by the Government of Ukraine to
deter Russian aggression in the form of military incursions,
cyber attacks, the coercive use of energy resources, the
disruption of lawful commerce and traffic to Ukrainian ports,
use of passportization, efforts to corrupt the Ukrainian
political and economic systems, and attempts to manipulate the
public through disinformation campaigns.
(2) A description of the United States current efforts and
strategy to support Ukrainian diplomatic initiatives when they
align with United States interests.
(3) A strategy on how the United States will use its voice
and vote at the United Nations, OSCE, Council of Europe, NATO,
and other relevant international bodies to support Ukraine and
its reform efforts.
(4) A strategy on how the United States will assist Ukraine
in bolstering its diplomatic, economic, energy, and maritime
relationships with key Black Sea countries, including Bulgaria,
Romania, Turkey, and Georgia.
(5) A strategy on how the United States will engage with
Germany, France, Ukraine, and Russia to advance the Normandy
Format and Minsk Agreements.
(6) An assessment of Ukraine's recent progress on anti-
corruption reforms and a strategy on how the United States will
work with allies to continue to engage Ukraine to ensure
meaningful progress on democratic, economic, and anti-
corruption reforms.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 103. SPECIAL ENVOY FOR UKRAINE.
(a) Establishment.--The President should appoint, by and with the
consent of the Senate, a Special Envoy for Ukraine, who should report
to the Assistant Secretary of State for Europe and Eurasia.
(b) Rank.--The Special Envoy for Ukraine shall have the rank and
status of ambassador.
(c) Responsibilities.--The Special Envoy for Ukraine should--
(1) serve as the United States liaison to the Normandy
Format, tasked with leading the peace process between Ukraine
and the Russian Federation;
(2) facilitate diplomatic outreach to and dialogue with
countries in the Black Sea region that, like Ukraine, are faced
with the impact of Russia's growing militarization of the Sea;
(3) coordinate closely with the Chief of Mission in
Ukraine;
(4) coordinate with the OSCE Special Monitoring Mission to
Ukraine; and
(5) provide the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives regular updates and briefings on the status of
peace negotiations.
(d) Termination.--The Special Envoy for Ukraine position authorized
under subsection (a) shall terminate 5 years after the date of the
enactment of this Act.
SEC. 104. POTENTIAL DESIGNATION OF THE RUSSIAN FEDERATION AS A STATE
SPONSOR OF TERRORISM.
(a) In General.--Should the Government of the Russian Federation,
or any of its proxies, advance their militaries on the territory or
airspace of Ukraine beyond the area occupied as of December 15, 2021,
the Secretary of State shall, within 5 days of that advancement,
designate the Russian Federation as a state sponsor of terrorism.
(b) State Sponsor of Terrorism Defined.--In this section, the term
``state sponsor of terrorism'' means a country, the government of which
the Secretary of State has determined, for purposes of section
1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C.
4813(c)(1)(A)(i)), section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C.
2780), or any other provision of law, is a government that has
repeatedly provided support for acts of international terrorism.
SEC. 105. EXTENSION AND MODIFICATION OF LIMITATION ON MILITARY
COOPERATION BETWEEN THE UNITED STATES AND THE RUSSIAN
FEDERATION.
(a) Extension.--Subsection (a) of section 1232 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2488) is amended by striking ``or 2021'' and inserting ``2021, or
2022''.
(b) Waiver.--Subsection (c)(2) of such section is amended to read
as follows:
``(2) not later than 15 days before the date on which the
waiver takes effect, and every 90 days thereafter, submits to
the appropriate congressional committees--
``(A) a notification that the waiver is in the
national security interest of the United States and a
description of the national security interest covered
by the waiver during the applicable reporting period;
``(B) a description of any condition or
prerequisite placed by the Russian Federation on
military cooperation between the United States and the
Russian Federation;
``(C) a description of the results achieved by
United States-Russian Federation military cooperation
during the applicable reporting period and an
assessment of whether such results meet the national
security objectives described under subparagraph (A);
``(D) a description of the measures in place to
mitigate counterintelligence or operational security
concerns and an assessment of whether such measures
have succeeded, submitted in classified form as
necessary; and
``(E) a report explaining why the Secretary of
Defense cannot make the certification under subsection
(a).''.
TITLE II--BOLSTERING UKRAINE'S DETERRENCE AGAINST RUSSIAN AGGRESSION
SEC. 201. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SEC. 202. AMENDMENT TO PRESIDENTIAL DRAWDOWN AUTHORITY.
The authority under section 506(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2318(a)) may be exercised during fiscal year 2022 for
Ukraine to the maximum extent available for that fiscal year, without
diminishing the dollar limitation available under that section for such
fiscal year.
SEC. 203. FOREIGN MILITARY FINANCING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of State for fiscal year 2022
$450,000,000 for Foreign Military Financing (FMF) assistance to Ukraine
to assist the country in meeting its defense needs.
(b) Notice to Congress.--Not later than 15 days before providing
assistance or support pursuant to subsection (a), the Secretary of
State shall submit to the appropriate congressional committees and the
Committees on Appropriations of the Senate and the House of
Representatives a notification containing the following:
(1) A detailed description of the assistance or support to
be provided, including--
(A) the objectives of such assistance or support;
(B) the budget for such assistance or support; and
(C) the expected or estimated timeline for delivery
of such assistance or support.
(2) A description of such other matters as the Secretary
considers appropriate.
(c) Prioritization.--Of the funds authorized under this section,
$100,000,000 shall be set aside to--
(1) prioritize the development of Ukrainian air defense
capabilities, to include weapons systems;
(2) prioritize the procurement of vessels for the Ukrainian
Navy and other articles that bolster the capacity of the
Ukrainian Navy to counter Russian maritime aggression and
maintain the freedom of innocent passage throughout the Black
Sea; and
(3) ensure adequate planning for maintenance for any
equipment provided.
(d) Authority To Provide Lethal Assistance.--The Secretary of State
is authorized to provide lethal assistance under this section,
including anti-armor weapon systems, mortars, crew-served weapons and
ammunition, grenade launchers and ammunition, anti-tank weapons
systems, anti-ship weapons systems, anti-aircraft weapons systems, and
small arms and ammunition.
SEC. 204. EXPEDITED EXCESS DEFENSE ARTICLES TRANSFER PROGRAM.
(a) In General.--During fiscal years 2022 through 2026, the
delivery of excess defense articles to Ukraine shall be given the same
priority as that given other countries and regions under section
516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(c)(2)).
(b) Notification.--Notwithstanding section 516(f) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(f)), during fiscal years 2022
through 2026, the delivery of excess defense articles to Ukraine shall
be subject to a 15-day notification requirement.
SEC. 205. STRATEGY ON EXCESS DEFENSE ARTICLES FROM ALLIES.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State in consultation with the
Secretary of Defense, shall submit to the appropriate congressional
committees a classified strategy on how the United States will
encourage third countries to donate excess defense equipment to
Ukraine.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A listing of all friendly and allied nations that have
excess defense material that may be compatible with the needs
and systems utilized by the Armed Forces of Ukraine, including
air defense systems, small arms and ammunition, artillery and
multiple-launch rocket systems, and anti-tank systems.
(2) A description of the diplomatic efforts undertaken by
the United States Government to encourage allied nations to
donate their excess defense articles to Ukraine on an expedited
basis.
SEC. 206. REPORT ON UKRAINIAN CAPABILITIES TO COUNTER AIR-BASED
THREATS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly submit to the appropriate committees of Congress a
report on the capabilities of Ukraine to counter air-based threats.
(b) Elements.--The report submitted under subsection (a) shall
include the following elements:
(1) An assessment of the risk to the armed forces of
Ukraine posed by aerial threats, including current threats from
weaponized unmanned aerial vehicles, manned aircraft, and
missile and rocket attacks.
(2) An assessment of the current defensive capabilities of
Ukraine to counter the threats described in paragraph (1) and
assessed gaps in capabilities to address such threats.
(3) A description of current efforts to build the defensive
capabilities of Ukraine, an assessment of potential options for
additional United States security assistance to address
shortfalls identified pursuant to paragraph (2), and any
considerations with regard to absorption capacity, maintenance,
and sustainment.
SEC. 207. INTERNATIONAL MILITARY EDUCATION AND TRAINING COOPERATION
WITH UKRAINE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of State $4,000,000 for each of fiscal
years 2022 through 2026 for International Military Education and
Training (IMET) assistance for Ukraine. The assistance shall be made
available for the following purposes:
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States Armed
Forces and Ukraine's military to build partnerships for the
future.
(4) Enhancement of interoperability and capabilities for
joint operations.
(5) Focusing on professional military education, civilian
control of the military, and human rights.
(b) Notice to Congress.--Not later than 15 days before providing
assistance or support pursuant to subsection (a), the Secretary of
State shall submit to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives a notification containing the following elements:
(1) A detailed description of the assistance or support to
be provided, including--
(A) the objectives of such assistance or support;
(B) the budget for such assistance or support; and
(C) the expected or estimated timeline for delivery
of such assistance or support.
(2) A description of such other matters as the Secretary
considers appropriate.
SEC. 208. STRATEGY ON IMET PROGRAMMING IN UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that the
Government of Ukraine should fully utilize the United States IMET
program, encourage eligible officers and civilian leaders to
participate in the training, and promote successful graduates to
positions of prominence in the Ukrainian Armed Forces.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a strategy for the implementation
of the IMET program in Ukraine authorized under section 207.
(c) Elements.--The strategy required under subsection (a) shall
include the following elements:
(1) A clear plan, developed in close consultation with the
Ukrainian Ministry of Defense and the Armed Forces of Ukraine,
for how the IMET program will be used by the United States
Government and the Government of Ukraine to propel program
graduates to positions of prominence in support of the
Ukrainian military's reform efforts in line with NATO
standards.
(2) An assessment of the education and training
requirements of the Ukrainian military and clear
recommendations for how IMET graduates should be assigned by
the Ukrainian Ministry of Defense upon completion of education
or training.
(3) An accounting of the current combat requirements of the
Ukrainian military and an assessment of the viability of
alternative mobile training teams, distributed learning, and
other flexible solutions to reach such students.
(4) An identification of opportunities to influence the
next generation of leaders through attendance at United States
staff and war colleges, junior leader development programs, and
technical schools.
(d) Form.--The strategy required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 209. SENSE OF CONGRESS ON LOAN PROGRAM.
It is the sense of Congress that--
(1) as appropriate, the United States Government should
provide direct loans to Ukraine for the procurement of defense
articles, defense services, and design and construction
services pursuant to the authority of section 23 of the Arms
Export Control Act (22 U.S.C. 2763) to support the further
development of Ukraine's military forces; and
(2) such loans should be considered an additive security
assistance tool, and not a substitute for Foreign Military
Financing for grant assistance or Ukraine Security Assistance
Initiative programming.
SEC. 210. STRATEGY TO PROTECT UKRAINE'S DEFENSE INDUSTRY FROM STRATEGIC
COMPETITORS.
(a) Sense of Congress.--It is the sense of Congress that the United
States should work with the Government of Ukraine to ensure strategic
assets and companies in Ukraine's aerospace and defense sector are not
subject to foreign ownership, control, or undue influence by strategic
competitors to the United States, such as the People's Republic of
China (PRC). These efforts will require support from across the
executive branch and should leverage all available tools and
authorities.
(b) Strategy Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the President, acting through the
Secretary of Defense and the Secretary of State and in
consultation with the heads of other relevant Departments and
agencies as the President may determine, shall submit to the
appropriate committees of Congress a strategy to support
Ukraine in protecting its aerospace and defense industry from
predatory investments.
(2) Elements.--The strategy required under paragraph (1)
shall include the following elements:
(A) An assessment of the efforts by strategic
competitors, such as the PRC, to acquire strategic
assets and companies in Ukraine's aerospace and defense
sector and the national security implications for
Ukraine, the United States, and other NATO allies and
partners.
(B) An assessment of the vulnerabilities that
strategic competitors of the United States exploit to
acquire strategic assets in the Ukrainian aerospace and
defense sector, Ukraine's progress in addressing them,
and United States initiatives to support these efforts
such as assistance in strengthening Ukraine's
investment screening and national security vetting
laws.
(C) An assessment of Ukraine's efforts to make
reforms necessary to incentivize Western investment in
Ukraine's aerospace and defense sector and United
States support for these efforts.
(D) A strategy to--
(i) promote, as appropriate, United States
direct investment in Ukraine's aerospace and
defense sector;
(ii) better leverage tools like debt
financing, equity investments, and political
risk insurance to incentivize greater
participation by United States firms;
(iii) provide an alternative to PRC
investments; and
(iv) engage like-minded allies and partners
on these efforts.
(3) Form.--The strategy required under paragraph (1) shall
be submitted in classified form.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Department of State $50,000,000 for each of the fiscal years 2022
through 2026 for the purposes described in subsection (b) with respect
to Ukraine.
(b) Use of Funds.--Amounts appropriated pursuant to subsection (a)
may only be used--
(1) to strengthen Ukraine's cyber security, cyber
resilience and intellectual property enforcement;
(2) to provide support and training in Ukraine for--
(A) sectoral reforms related to banking and public
finance management reform;
(B) the privatization of state-owned enterprises;
(C) regulatory independence;
(D) subsidy reform;
(E) land reform;
(F) corporate governance; and
(G) foreign investment screening;
(3) to combat corruption, improve the rule of law, and
otherwise strengthen independent legal institutions, including
by--
(A) expanding regional anti-corruption training and
exchanges among Ukrainian Ministry officials, law
enforcement officers, judges, and prosecutors to build
peer support, share best practices, maintain reform
momentum, and protect reforms from capture; and
(B) supporting regional training of United States
Embassy personal responsible for supporting anti-
corruption and the rule of law to improve their
effectiveness in supporting the consolidation and
expansion of reform;
(4) to respond to the humanitarian crises caused or
aggravated by the invasion and occupation of Ukraine by the
Russian Federation, including by supporting internally
displaced persons and communities in conflict-affected areas;
(5) to improve participatory legislative processes in
Ukraine, including through--
(A) engagement with members of the Verkhovna Rada;
(B) training on government oversight, legal
education, political transparency and competition, and
compliance with international obligations; and
(C) supporting the development of professional
legislative staff to advise and assist member of the
Verkhovna Rada and committees in the execution of their
duties and build legal and policy expertise within the
Verkhovna Rada; and
(6) to further build the capacity of civil society,
independent media, human rights, and other nongovernmental
organizations in Ukraine, with an emphasis on--
(A) building capacity outside of Kyiv; and
(B) regional civil society training and exchange
programs.
TITLE III--SECURING UKRAINE AGAINST RUSSIA'S USE OF ENERGY AS A WEAPON
SEC. 301. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD STREAM 2.
(a) In General.--Not later than 15 days after the date of the
enactment of this Act, the President shall--
(1) impose sanctions under subsection (b) with respect to
any corporate officer of an entity established for or
responsible for the planning, construction, or operation of the
Nord Stream 2 pipeline or a successor entity; and
(2) impose sanctions under subsection (c) with respect to
any entity described in paragraph (1).
(b) Ineligibility for Visas, Admission, or Parole of Identified
Persons and Corporate Officers.--
(1) Visas, admission, or parole.--An alien described in
subsection (a)(1) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) 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.).
(2) Current visas revoked.--
(A) In general.--The visa or other entry
documentation of an alien described in subsection
(a)(1) shall be revoked, regardless of when such visa
or other entry documentation is or was issued.
(B) Immediate effect.--A revocation under clause
(i) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid
visa or entry documentation that is in the
alien's possession.
(c) Blocking of Property of Identified Persons.--The President
shall exercise all powers granted to the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in all property and
interests in property of an entity described in subsection (a)(1) if
such property and interests in property are in the United States, come
within the United States, or are or come within the possession or
control of a United States person.
(d) Exceptions.--
(1) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under this section shall not apply with
respect to the admission of an alien to the United States if
the admission of the alien is necessary to permit the United
States to comply with the Agreement regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947, between the United
Nations and the United States, the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into
force March 19, 1967, or other applicable international
obligations.
(3) Exception relating to importation of goods.--
(A) In general.--Notwithstanding any other
provision of this section, the authorities and
requirements to impose sanctions under this section
shall not include the authority or a requirement to
impose sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or man-made
substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(e) Conditions for Removal of Sanctions.--Subject to review by
Congress under section 216 of the Countering America's Adversaries
Through Sanctions Act (22 U.S.C. 9511), the President may waive the
application of sanctions under this section if the President--
(1) determines that the waiver is in the national security
interest of the United States; and
(2) submits to the appropriate committees of Congress a
report on the waiver and the reason for the waiver.
(f) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(g) Sunset.--The authority to impose sanctions under this section
shall terminate on the date that is 5 years after the date of the
enactment of this Act.
(h) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person within the United States.
SEC. 302. CONGRESSIONAL REVIEW OF WAIVER UNDER PROTECTING EUROPE'S
ENERGY SECURITY ACT OF 2019.
Section 7503(f) of the Protecting Europe's Energy Security Act of
2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526 note) is amended,
in the matter preceding paragraph (1), by striking ``The President''
and inserting ``Subject to review by Congress under section 216 of the
Countering America's Adversaries Through Sanctions Act (22 U.S.C.
9511), the President''.
SEC. 303. APPLICATION OF CONGRESSIONAL REVIEW UNDER COUNTERING
AMERICA'S ADVERSARIES THROUGH SANCTIONS ACT.
Section 216(a)(2) of the Countering America's Adversaries Through
Sanctions Act (22 U.S.C. 9511(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``(other than
sanctions described in clause (i)(IV) of that
subparagraph)'' after ``subparagraph (B)''; and
(B) in clause (ii), by inserting ``or otherwise
remove'' after ``waive''; and
(2) in subparagraph (B)(i)--
(A) in subclause (II), by striking ``; or'' and
inserting a semicolon;
(B) in subclause (III), by striking ``; and'' and
inserting a semicolon; and
(C) by adding at the end the following:
``(IV) section 7503 of the
Protecting Europe's Energy Security Act
of 2019 (title LXXV of Public Law 116-
92; 22 U.S.C. 9526 note); or
``(V) section 301 of the
Guaranteeing Ukrainian Autonomy by
Reinforcing its Defense (GUARD) Act of
2021; and''.
SEC. 304. INCLUSION OF MATTER RELATING TO NORD STREAM 2 IN REPORT UNDER
COUNTERING AMERICA'S ADVERSARIES THROUGH SANCTIONS ACT.
Each report submitted under section 216(a)(1) of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C. 9511(a)(1))
relating to sanctions under section 301 of this Act or section 7503 of
the Protecting Europe's Energy Security Act of 2019 (title LXXV of
Public Law 116-92; 22 U.S.C. 9526 note) shall include--
(1) an assessment of the security risks posed by Nord
Stream 2, including--
(A) the presence along Nord Stream 2 or Nord Stream
1 infrastructure or pipeline corridors of undersea
surveillance systems and sensors, fiber optic
terminals, or other systems that are capable of
conducting military or intelligence activities
unrelated to civilian energy transmission, including
those designed to enhance Russian Federation anti-
submarine warfare, surveillance, espionage, or sabotage
capabilities;
(B) the use of Nord Stream-affiliated
infrastructure, equipment, personnel, vessels,
financing, or other assets--
(i) to facilitate, carry out, or conceal
Russian Federation maritime surveillance,
espionage, or sabotage activities;
(ii) to justify the presence of Russian
Federation naval vessels or military personnel
or equipment in international waters or near
North Atlantic Treaty Organization or partner
countries;
(iii) to disrupt freedom of navigation; or
(iv) to pressure or intimidate countries in
the Baltic Sea;
(C) the involvement in the Nord Stream 2 pipeline
or its affiliated entities of current or former
Russian, Soviet, or Warsaw Pact intelligence and
military personnel and any business dealings between
Nord Stream 2 and entities affiliated with the
intelligence or defense sector of the Russian
Federation; and
(D) malign influence activities of the Government
of the Russian Federation, including strategic
corruption and efforts to influence European
decisionmakers, supported or financed through the Nord
Stream 2 pipeline;
(2) an assessment of whether the Russian Federation
maintains gas transit through Ukraine at levels consistent with
the volumes set forth in the Ukraine-Russian Federation gas
transit agreement of December 2019 and continues to pay the
transit fees specified in that agreement;
(3) an assessment of the status of negotiations between the
Russian Federation and Ukraine to secure an agreement to extend
gas transit through Ukraine beyond the expiration of the
agreement described in paragraph (2);
(4) an assessment of whether the United States and Germany
have agreed on a common definition for energy ``weaponization''
and the associated triggers for sanctions and other enforcement
actions, pursuant to the Joint Statement of the United States
and Germany on support for Ukraine, European energy security,
and our climate goals, dated July 21, 2021; and
(5) a description of the consultations with United States
allies and partners in Europe, including Ukraine, Poland, and
the countries in Central and Eastern Europe most impacted by
the Nord Stream 2 pipeline concerning the matters agreed to, as
described in paragraph (4).
SEC. 305. UKRAINE SECURITY ASSISTANCE INITIATIVE.
There is authorized to be appropriated $50,000,000 for fiscal year
2022 for the Ukraine Security Assistance Initiative for the purpose of
providing lethal aid assistance. Such amount is in addition to any
other amounts appropriated or otherwise made available for such fiscal
year for such purposes.
SEC. 306. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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