117th CONGRESS 2d Session |
To impose sanctions with respect to the Nord Stream 2 pipeline and for other purposes.
February 15, 2022
Mr. Pfluger (for himself, Mr. Banks, Mr. Crenshaw, Mr. Babin, Mr. Burgess, Mr. Weber of Texas, Mr. Mann, and Mr. Williams of Texas) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Energy and Commerce, Natural Resources, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To impose sanctions with respect to the Nord Stream 2 pipeline and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Midland Over Moscow Act”.
SEC. 2. Strategy to strengthen energy independence.
The Secretary of State, in consultation with the Secretary of Treasury, the Secretary of Commerce, the Secretary of Energy, the Secretary of Defense, and the Secretary of the Interior shall, within 180 days, submit to the appropriate congressional committees, a strategy detailing the use of diplomatic, financial, and economic means to strengthen United States energy independence, and work with NATO, and other allies and partners, to make countries in the European continent less dependent on Russian oil and gas. The strategy shall have the following elements:
(1) A description of how the reduction of regulatory barriers to domestic energy production could assist in these objectives.
(2) A description of how economic sanctions can be utilized to counter the Russian Federation’s attempts to make Europe dependent on Russian oil and gas, including a description on how the President will end waivers provided pursuant to the Protecting European Energy Security through Sanctions Act (PEESA) in connection with the Nord Stream 2 pipeline.
(3) A description of how sanctions on Russia’s financial sector, including on multiple major banks and financial systems within the Russian Federation, could be utilized to counter Russia’s energy exports to Europe.
(4) A description of how the President will use economic sanctions to permanently and irreversibly stop the Nord Stream 2 pipeline, prevent its construction, and punish all persons and entities responsible for its attempted construction, operation, or development.
(5) A description of how diplomatic efforts could be utilized to bring together our European and NATO allies, including Germany, to permanently and irreversibly stop the Nord Stream 2 pipeline.
(6) A description of how Russia’s growing relationship with China and Iran in the energy sector effects United States security interests.
(7) A description of how the President will end the moratorium on oil and gas leases on public land.
(8) A description of how diplomatic efforts could be utilized to promote dialogue within the European Union on their efforts to diversify their natural gas supply through the Southern Gas Corridor.
SEC. 3. Imposition of sanctions related to Nord Stream 2.
(a) Imposition of sanctions.—Not later than 10 days after the date of the enactment of this Act, the President shall impose sanctions under subsection (b)(1) with respect to—
(1) any entity responsible for planning, construction, maintenance, technical assistance, engineering assistance, financing, or operation of the Nord Stream 2 pipeline or a successor entity; and
(2) any other corporate officer of or principal shareholder with a controlling interest in an entity described in paragraph (1).
(1) IN GENERAL.—The sanctions described in this subsection are the following:
(A) BLOCKING OF PROPERTY.—The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person 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.
(B) ALIENS INELIGIBLE FOR VISAS, ADMISSION, OR PAROLE.—
(i) VISAS, ADMISSION, OR PAROLE.—An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, has knowingly engaged in any activity described in subsection (a) 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.).
(I) IN GENERAL.—The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation is issued.
(II) EFFECT OF REVOCATION.—A revocation under subclause (I) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
(A) UNITED NATIONS HEADQUARTERS AGREEMENT.—The sanctions described under paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien into the United States 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, or other applicable international obligations.
(B) EXCEPTION FOR INTELLIGENCE, LAW ENFORCEMENT, AND NATIONAL SECURITY ACTIVITIES.—Sanctions under paragraph (1) shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.
(C) EXCEPTION RELATING TO IMPORTATION OF GOODS.—
(i) 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.
(ii) GOOD DEFINED.—In this subparagraph, 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.
(c) Penalties.—The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out this section or the sanctions imposed pursuant to this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
(d) Implementation authority.—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) for purposes of carrying out this section.
(e) Regulatory authority.—The President shall, not later than 10 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this section.
(f) Repeal of national interest waiver under Protecting Europe’s Energy Security Act of 2019.—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) is amended—
(1) in subsection (a)(1)(C), by striking “subsection (i)” and inserting “subsection (h)”;
(2) by striking subsection (f);
(3) by redesignating subsections (g) through (k) as subsections (f) through (j), respectively; and
(4) in subsection (i), as redesignated by paragraph (3), by striking “subsection (h)” and inserting “subsection (g)”.
(a) Finding.—Congress finds that expanding natural gas exports will lead to increased investment and development of domestic supplies of natural gas that will contribute to job growth and economic development.
(b) Natural gas exports.—Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended—
(1) by inserting “or any other nation not excluded by this section” after “trade in natural gas”;
(2) by striking “(c) For purposes” and inserting the following:
“(c) Expedited application and approval process.—
“(1) IN GENERAL.—For purposes”; and
(3) by adding at the end the following:
“(A) IN GENERAL.—Any nation subject to sanctions or trade restrictions imposed by the United States is excluded from expedited approval under paragraph (1).
“(B) DESIGNATION BY PRESIDENT OR CONGRESS.—The President or Congress may designate nations that may be excluded from expedited approval under paragraph (1) for reasons of national security.
“(3) ORDER NOT REQUIRED.—No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico.”.