II 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protecting Europe’s 

3 Energy Security Implementation Act’’. 

4 SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO 

5 NORD STREAM 2. 

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

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

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

9 respect to any corporate officer of an entity estab10 lished for or responsible for the planning, construc11 tion, or operation of the Nord Stream 2 pipeline or 

12 a successor entity; and 

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

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

15 (b) INELIGIBILITY FOR VISAS, ADMISSION, OR PA16 ROLE OF IDENTIFIED PERSONS AND CORPORATE OFFI17 CERS.— 

18 (1) IN GENERAL.— 

19 (A) VISAS, ADMISSION, OR PAROLE.—An 

20 alien described in subsection (a)(1) is— 

21 (i) inadmissible to the United States; 

22 (ii) ineligible to receive a visa or other 

23 documentation to enter the United States; 

24 and 

25 (iii) otherwise ineligible to be admitted 

26 or paroled into the United States or to reVerDate Sep 11 2014 16:42 Dec 20, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3436.PCS S3436

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1 ceive any other benefit under the Immigra2 tion and Nationality Act (8 U.S.C. 1101 et 

3 seq.). 

4 (B) CURRENT VISAS REVOKED.— 

5 (i) IN GENERAL.—The visa or other 

6 entry documentation of an alien described 

7 in subsection (a)(1) shall be revoked, re8 gardless of when such visa or other entry 

9 documentation is or was issued. 

10 (ii) IMMEDIATE EFFECT.—A revoca11 tion under clause (i) shall— 

12 (I) take effect immediately; and 

13 (II) automatically cancel any 

14 other valid visa or entry documenta15 tion that is in the alien’s possession. 

16 (c) BLOCKING OF PROPERTY OF IDENTIFIED PER17 SONS.—The President shall exercise all powers granted to 

18 the President by the International Emergency Economic 

19 Powers Act (50 U.S.C. 1701 et seq.) to the extent nec20 essary to block and prohibit all transactions in all property 

21 and interests in property of an entity described in sub22 section (a)(1) if such property and interests in property 

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

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

25 States person. 


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1 (d) CONDITIONS FOR REMOVAL OF SANCTIONS.— 

2 Subject to review by Congress under section 216 of the 

3 Countering America’s Adversaries Through Sanctions Act 

4 (22 U.S.C. 9511), the President may waive the application 

5 of sanctions under this section if the President— 

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

7 security interest of the United States; and 

8 (2) submits to the appropriate congressional 

9 committees a report on the waiver and the reason 

10 for the waiver. 

11 (e) IMPLEMENTATION; PENALTIES.— 

12 (1) IMPLEMENTATION.—The President may ex13 ercise all authorities provided to the President under 

14 sections 203 and 205 of the International Emer15 gency Economic Powers Act (50 U.S.C. 1702 and 

16 1704) to carry out this section. 

17 (2) PENALTIES.—A person that violates, at18 tempts to violate, conspires to violate, or causes a 

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

20 order issued to carry out this section shall be subject 

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

22 of section 206 of the International Emergency Eco23 nomic Powers Act (50 U.S.C. 1705) to the same ex24 tent as a person that commits an unlawful act de25 scribed in subsection (a) of that section. 


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1 (f) EXCEPTIONS.— 

2 (1) EXCEPTION FOR INTELLIGENCE, LAW EN3 FORCEMENT, AND NATIONAL SECURITY ACTIVI4 TIES.—Sanctions under this section shall not apply 

5 to any authorized intelligence, law enforcement, or 

6 national security activities of the United States. 

7 (2) EXCEPTION TO COMPLY WITH UNITED NA8 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

9 under this section shall not apply with respect to the 

10 admission of an alien to the United States if the ad11 mission of the alien is necessary to permit the 

12 United States to comply with the Agreement regard13 ing the Headquarters of the United Nations, signed 

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

15 force November 21, 1947, between the United Na16 tions and the United States, the Convention on Con17 sular Relations, done at Vienna April 24, 1963, and 

18 entered into force March 19, 1967, or other applica19 ble international obligations. 

20 (3) EXCEPTION RELATING TO IMPORTATION OF

21 GOODS.— 

22 (A) IN GENERAL.—Notwithstanding any 

23 other provision of this section, the authorities 

24 and requirements to impose sanctions under 

25 this section shall not include the authority or a 


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1 requirement to impose sanctions on the impor2 tation of goods. 

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

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

5 man-made substance, material, supply or manu6 factured product, including inspection and test 

7 equipment, and excluding technical data. 

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

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

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

11 (h) DEFINITIONS.—In this section: 

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

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

14 meanings given those terms in section 101 of the 

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

16 (2) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional com18 mittees’’ means— 

19 (A) the Committee on Foreign Relations 

20 and the Committee on Banking, Housing, and 

21 Urban Affairs of the Senate; and 

22 (B) the Committee on Foreign Affairs and 

23 the Committee on Financial Services of the 

24 House of Representatives. 


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1 (3) UNITED STATES PERSON.—The term 

2 ‘‘United States person’’ means— 

3 (A) a United States citizen or an alien law4 fully admitted for permanent residence to the 

5 United States; 

6 (B) an entity organized under the laws of 

7 the United States or any jurisdiction within the 

8 United States, including a foreign branch of 

9 such an entity; or 

10 (C) any person within the United States. 

11 SEC. 3. CONGRESSIONAL REVIEW OF WAIVER UNDER PRO12 TECTING EUROPE’S ENERGY SECURITY ACT 

13 OF 2019. 

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

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

16 92; 22 U.S.C. 9526 note) is amended, in the matter pre17 ceding paragraph (1), by striking ‘‘The President’’ and in18 serting ‘‘Subject to review by Congress under section 216 

19 of the Countering America’s Adversaries Through Sanc20 tions Act (22 U.S.C. 9511), the President’’. 


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1 SEC. 4. APPLICATION OF CONGRESSIONAL REVIEW UNDER 

2 COUNTERING AMERICA’S ADVERSARIES 

3 THROUGH SANCTIONS ACT. 

4 Section 216(a)(2) of the Countering America’s Ad5 versaries Through Sanctions Act (22 U.S.C. 9511(a)(2)) 

6 is amended— 

7 (1) in subparagraph (A)— 

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

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

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

11 (B) in clause (ii), by inserting ‘‘or other12 wise remove’’ after ‘‘waive’’; and 

13 (2) in subparagraph (B)(i)— 

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

15 and inserting a semicolon; 

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

17 and inserting a semicolon; and 

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

19 ‘‘(IV) section 7503 of the Pro20 tecting Europe’s Energy Security Act 

21 of 2019 (title LXXV of Public Law 

22 116–92; 22 U.S.C. 9526 note); or 

23 ‘‘(V) section 2 of the Protecting 

24 Europe’s Energy Security Implemen25 tation Act; and’’. 


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1 SEC. 5. INCLUSION OF MATTER RELATING TO NORD 

2 STREAM 2 IN REPORT UNDER COUNTERING 

3 AMERICA’S ADVERSARIES THROUGH SANC4 TIONS ACT. 

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

6 Countering America’s Adversaries Through Sanctions Act 

7 (22 U.S.C. 9511(a)(1)) relating to sanctions under section 

8 2 of this Act or section 7503 of the Protecting Europe’s 

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

10 116–92; 22 U.S.C. 9526 note) shall include— 

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

12 Nord Stream 2, including— 

13 (A) the presence along Nord Stream 2 or 

14 Nord Stream 1 infrastructure or pipeline cor15 ridors of undersea surveillance systems and sen16 sors, fiber optic terminals, or other systems 

17 that are capable of conducting military or intel18 ligence activities unrelated to civilian energy 

19 transmission, including those designed to en20 hance Russian Federation anti-submarine war21 fare, surveillance, espionage, or sabotage capa22 bilities; 

23 (B) the use of Nord Stream-affiliated in24 frastructure, equipment, personnel, vessels, fi25 nancing, or other assets— 


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

2 Russian Federation maritime surveillance, 

3 espionage, or sabotage activities; 

4 (ii) to justify the presence of Russian 

5 Federation naval vessels or military per6 sonnel or equipment in international 

7 waters or near North Atlantic Treaty Or8 ganization or partner countries; 

9 (iii) to disrupt freedom of navigation; 

10 or 

11 (iv) to pressure or intimidate coun12 tries in the Baltic Sea; 

13 (C) the involvement in the Nord Stream 2 

14 pipeline or its affiliated entities of current or 

15 former Russian, Soviet, or Warsaw Pact intel16 ligence and military personnel and any business 

17 dealings between Nord Stream 2 and entities 

18 affiliated with the intelligence or defense sector 

19 of the Russian Federation; and 

20 (D) malign influence activities of the Gov21 ernment of the Russian Federation, including 

22 strategic corruption and efforts to influence Eu23 ropean decision-makers, supported or financed 

24 through the Nord Stream 2 pipeline; 


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1 (2) an assessment of whether the Russian Fed2 eration maintains gas transit through Ukraine at 

3 levels consistent with the volumes set forth in the 

4 Ukraine-Russian Federation gas transit agreement 

5 of December 2019 and continues to pay the transit 

6 fees specified in that agreement; 

7 (3) an assessment of the status of negotiations 

8 between the Russian Federation and Ukraine to se9 cure an agreement to extend gas transit through 

10 Ukraine beyond the expiration of the agreement de11 scribed in paragraph (2); and 

12 (4) an assessment of whether the United States 

13 and Germany have agreed on a common definition 

14 for energy ‘‘weaponization’’ and the associated trig15 gers for sanctions and other enforcement actions, 

16 pursuant to the Joint Statement of the United 

17 States and Germany on support for Ukraine, Euro18 pean energy security, and our climate goals, dated 

19 July 21, 2021; and 

20 (5) a description of the consultations with 

21 United States allies and partners in Europe, includ22 ing Ukraine, Poland, and the countries in Central 

23 and Eastern Europe most impacted by the Nord 

24 Stream 2 pipeline concerning the matters agreed to 

25 as described in paragraph (4). 


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Calendar No. 231 

117TH CONGRESS 

1ST SESSION S. 3436 

A BILL 

To require the imposition of sanctions with respect 

D

and for other purposes. moval of sanctions relating to Nord Stream 2, Adversaries Through Sanctions Act to the resional review under the Countering America’s and their corporate officers and to apply congrestion, or operation of the Nord Stream 2 pipeline to entities responsible for the planning, construcECEMBER 18 (legislative day, DECEMBER 17), 2021 

Read twice and ordered placed on the calendar 


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