[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3436 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 231
117th CONGRESS
1st Session
S. 3436
To require the imposition of sanctions with respect to entities
responsible for the planning, construction, or operation of the Nord
Stream 2 pipeline and their corporate officers and to apply
congressional review under the Countering America's Adversaries Through
Sanctions Act to the removal of sanctions relating to Nord Stream 2,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 18 (legislative day, December 17), 2021
Mr. Cruz (for himself and Mr. Risch) introduced the following bill;
which was read twice and ordered placed on the calendar
_______________________________________________________________________
A BILL
To require the imposition of sanctions with respect to entities
responsible for the planning, construction, or operation of the Nord
Stream 2 pipeline and their corporate officers and to apply
congressional review under the Countering America's Adversaries Through
Sanctions Act to the removal of sanctions relating to Nord Stream 2,
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 ``Protecting Europe's Energy Security
Implementation Act''.
SEC. 2. 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) In general.--
(A) Visas, admission, or parole.--An alien
described in subsection (a)(1) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of an alien described in
subsection (a)(1) shall be revoked, regardless
of when such visa or other entry documentation
is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(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) 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 congressional committees a
report on the waiver and the reason for the waiver.
(e) 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.
(f) 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.
(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 congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(3) 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. 3. 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. 4. 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 2 of the Protecting
Europe's Energy Security Implementation
Act; and''.
SEC. 5. 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 2 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 decision-
makers, 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); and
(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).
Calendar No. 231
117th CONGRESS
1st Session
S. 3436
_______________________________________________________________________
A BILL
To require the imposition of sanctions with respect to entities
responsible for the planning, construction, or operation of the Nord
Stream 2 pipeline and their corporate officers and to apply
congressional review under the Countering America's Adversaries Through
Sanctions Act to the removal of sanctions relating to Nord Stream 2,
and for other purposes.
_______________________________________________________________________
December 18 (legislative day, December 17), 2021
Read twice and ordered placed on the calendar