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[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
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