S. 3436Senate117th Congress (2021-2023)Failed

Protecting Europe's Energy Security Implementation Act

Sponsored by Ted CruzSen. Ted Cruz (R-TX)
Introduced December 18, 2021

AI-Generated Summary

Updated February 8, 2026 at 8:43 AM UTC

The Protecting Europe’s Energy Security Implementation Act directs the President to impose sanctions on any corporate officers and entities that planned, built, or operate the Nord Stream 2 pipeline. The sanctions block U.S. visas, revoke existing visas, and freeze U.S. property and transactions. Any removal of these sanctions must be reviewed by Congress under the Countering America’s Adversaries Through Sanctions Act, and the authority expires after five years.

Key Provisions

  • President must impose sanctions within 15 days on corporate officers and entities involved in Nord Stream 2 planning, construction, or operation
  • Sanctions include making identified persons inadmissible to the U.S., revoking any visas they hold, and blocking U.S. property or transactions under IEEPA
  • Waivers of the sanctions can only be granted if the President determines a national‑security interest and must be reported to and reviewed by the designated congressional committees
  • Congressional review of any waiver follows the procedures of the Countering America’s Adversaries Through Sanctions Act
  • Sanctions authority automatically ends five years after the law’s enactment
  • Exceptions apply for authorized intelligence, law‑enforcement, national‑security activities, UN headquarters obligations, and do not cover importation of goods
  • Amends existing statutes to require Nord Stream 2 risk assessments in CAATSA reports and to include this Act’s provisions in the congressional review process

Legislative Activity

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4 earlier actions
SenateFloor Latest Action

Under the order of 12/18/21, not having achieved 60 votes in the affirmative, failed of passage in Senate by Yea-Nay Vote. 55 - 44. Record Vote Number: 8.

January 13, 2022

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SenateIntro Referral

Introduced in Senate

December 18, 2021

SenateCalendars

Introduced in the Senate. Read twice. Ordered Placed on Senate Legislative Calendar under General Orders. Calendar No. 231.

December 18, 2021

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S198-217)

January 13, 2022

SenateFloor

Failed of passage/not agreed to in Senate: Under the order of 12/18/21, not having achieved 60 votes in the affirmative, failed of passage in Senate by Yea-Nay Vote. 55 - 44. Record Vote Number: 8.

January 13, 2022

SenateFloor

Under the order of 12/18/21, not having achieved 60 votes in the affirmative, failed of passage in Senate by Yea-Nay Vote. 55 - 44. Record Vote Number: 8.

January 13, 2022

Floor Debate

14 members

What members said about S. 3436 on the floor

7 Republicans7 Democrats
John Thune
Sen. John ThuneR-SD · Jan 13, 2022

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, just a quick observation or two about what my colleagues from New Hampshire and Connecticut were…

Ted Cruz
Sen. Ted CruzR-TX · Jan 13, 2022

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, the eyes of history are upon us today. Each of us will be faced with a momentous question: Can…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jan 13, 2022

Mr. President, earlier today, the Republican Senate leader came to the floor and noted the fact that when the American people were asked about the issues of the moment, they didn't mention their…

Ben Sasse
Sen. Ben SasseR-NE · Jan 13, 2022

Mr. President, first, I want to commend the senior Senator from Arizona for an extraordinary stand of courage and just a great speech on the floor a few minutes ago. I rise today to defend the…

Dan Sullivan
Sen. Dan SullivanR-AK · Jan 13, 2022

Mr. President, I want to commend my colleague from Wyoming Senator Barrasso, who has been a leader on so many of these issues, and Senator Cruz on his bill, this important piece of legislation that…

Show 8 more
Kyrsten Sinema
Sen. Kyrsten SinemaD-AZ · Jan 13, 2022

Mr. President, I rise at a challenging, divisive time for our Nation. For years, America's politics have spiraled steadily downward into increasingly bitter, tribal partisanship, and our democracy…

James E. Risch
Sen. James E. RischR-ID · Jan 13, 2022

Mr. President, I ask unanimous consent that I be allowed to speak for up to 5 minutes, followed by Senator Menendez to speak for up to 10 minutes, before the scheduled rollcall vote. I think it was…

Robert Menendez
Sen. Robert MenendezD-NJ · Jan 13, 2022

Reserving the right to object, I am sorry, I didn't hear the unanimous consent request. And I object to that. Mr. President, I ask unanimous consent that I be allowed to complete my remarks before…

Christopher Murphy
Sen. Christopher MurphyD-CT · Jan 13, 2022

Madam President, first and foremost, let me thank Senator Shaheen. She has been a leader in the Senate and in our caucus on raising alarms about the danger of Nord Stream 2 to European security and…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Jan 13, 2022

Madam President, I come to the floor today to speak in opposition to S. 3436, which is the Nord Stream 2's sanctions bill sponsored by Senator Cruz. I certainly share the concerns that have been…

Rand Paul
Sen. Rand PaulR-KY · Jan 13, 2022

Mr. President, I rise today to speak against the sanctioning of German and Russian businesses over the transport of natural gas between their countries. Proponents of sanctions say: Sanction this,…

Ted Cruz
Sen. Ted CruzR-TX · Jan 13, 2022

Mr. President, in a few minutes, the Senate is going to take a vote of incalculable importance to our national security, to the future of our allies in Europe, and to the very existence of the nation…

John Barrasso
Sen. John BarrassoR-WY · Jan 13, 2022

Mr. President, first, I would like to ask unanimous consent that I be able to speak for up to 5 minutes, followed by Senator Sullivan, who is on the floor, for up to 15 minutes and then Senator Sasse…

Show 4 more
Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jan 13, 2022

Mr. President, I have a short announcement about the schedule. Due to the circumstances regarding COVID and another potentially hazardous winter storm approaching the DC area this weekend, the Senate…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Dec 17, 2021

Madam President, for the information of the Senators, I am going to read a list of UCs for Ambassadors. Then we will have three votes, one on an ambassador and two on cloture for court of appeals…

Jon Ossoff
Sen. Jon OssoffD-GA · Jan 12, 2022

Mr. President, I ask unanimous consent that when the Senate completes its business today, it recess until 10 a.m., Thursday, January 13; that following the prayer and pledge, the Journal of…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jan 13, 2022

I announce that the Senator from Hawaii (Mr. Schatz) is necessarily absent.

Bill Text

Latest available legislative text

Reading Mode
Latest
Placed on Calendar SenateIssued December 18, 2021

II

Calendar No. 231

117th CONGRESS

1st Session

S. 3436

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.

Short title

This Act may be cited as the Protecting Europe's Energy Security Implementation Act .

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.

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.

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

.

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).

December 18 (legislative day, December 17), 2021

Read twice and ordered placed on the calendar