Protecting Europe's Energy Security Act of 2019
This bill directs the President to impose visa- and asset-blocking sanctions on any foreign person that knowingly provides pipe-laying vessels for constructing a Russian-origin energy export pipeline that makes landfall in Germany or Turkey.
The President may waive the sanctions as to specific persons if it is in the U.S. national interest to do so and if the President notifies Congress of the decision.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3206 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3206
To impose sanctions with respect to the provision of certain vessels
for the construction of Russian energy export pipelines, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2019
Mr. Kinzinger (for himself, Mr. Pence, and Mr. Heck) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committee on 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
_______________________________________________________________________
A BILL
To impose sanctions with respect to the provision of certain vessels
for the construction of Russian energy export pipelines, 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
Act of 2019''.
SEC. 2. SENSE OF CONGRESS ON RUSSIAN ENERGY PROJECTS.
It is the sense of Congress that--
(1) the Government of the Russian Federation, working
through Russian state-owned enterprises, uses energy as a tool
of coercion and political leverage;
(2) the Government of Russia pursues a strategy to make
European countries dependent on Russia for energy supplies, so
as to increase this political leverage;
(3) a central aspect to this Russian strategy is the
development of export energy pipelines that are driven not by
commercial viability but by the foreign policy goals of Russia;
(4) the Nord Stream 2 pipeline and the Turk Stream pipeline
are two examples of such Russian energy export pipelines;
(5) the President should take action to halt such Russian
energy export pipelines unless the President determines that
doing so is not in the national interest of the United States;
and
(6) in making such a determination, the President should
consider whether--
(A) the non-Russian parties involved in the project
have put in place safeguards to minimize the ability of
Russia to use the pipeline as a tool of coercion and
political leverage, including by requiring unbundling
of energy production and transmission, transparency in
the energy market, and effective regulatory oversight;
and
(B) the non-Russian parties involved in the project
have taken concrete steps to ensure that it will not
result in a significant decrease in the transit of
Russian energy exports through existing pipelines in
other countries, particularly Ukraine.
SEC. 3. SANCTIONS WITH RESPECT TO THE PROVISION OF PIPE-LAYING VESSELS
FOR THE CONSTRUCTION OF RUSSIAN ENERGY EXPORT PIPELINES.
(a) In General.--The President shall impose the sanctions described
in subsection (b) on each foreign person that the President determines
knowingly, on or after the date of the enactment of this Act, sells,
leases, or provides pipe-laying vessels for the construction of any
Russian-origin energy export pipeline that makes landfall in Germany or
Turkey.
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The blocking, in accordance
with the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), of all transactions in all
property and interests in property of a 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) Inadmissibility to the united states.--In the
case of a foreign person who is an individual--
(i) ineligibility to receive a visa to
enter the United States or to be admitted to
the United States; or
(ii) if the individual has been issued a
visa or other documentation, revocation, in
accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C.
1201(i)), of the visa or other documentation.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of a
measure imposed pursuant to subsection (a) or any regulation,
license, or order issued to carry out this section shall be
subject to the penalties specified 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 such
section.
(3) Exception relating to importation of goods.--
(A) In general.--The requirement to block and
prohibit all transactions in all property and interests
in property under subsection (b)(1)(A) does not include
the authority to impose sanctions on the importation of
goods.
(B) Good defined.--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.
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) 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, or other applicable
international obligations.
(c) Implementation; Regulatory Authority.--
(1) Implementation.--The President may exercise all
authorities provided 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) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out
this section.
(d) National Interest Waiver.--The President may waive the
application of the sanctions under subsection (b) with respect to a
foreign person if the President--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) submits to the appropriate congressional committees a
notice of and justification for the waiver.
(e) Termination and Sunset.--The authority to impose sanctions with
regards to a person involved in the construction of a particular
Russian energy export pipeline under subsection (b), and any sanctions
imposed pursuant to such authority, shall terminate on the earlier of--
(1) the date on which the President certifies to the
appropriate congressional committees that appropriate
safeguards have been put in place to--
(A) minimize the ability of Russia to use the
pipeline as a tool of coercion and political leverage,
including by achieving unbundling of energy production
and transmission so that Russian state-owned entities
do not control the transmission network for the
pipelines, transparency in the energy market, and
effective regulatory oversight; and
(B) ensure, barring unforeseen circumstances, that
the project would not result in a decrease of more than
25 percent in the transit of Russian energy exports
through existing pipelines in other countries,
particularly Ukraine, relative to the average monthly
transit of Russian energy exports through such
pipelines in 2018; or
(2) the date that is 10 years after the date of the
enactment of this Act.
(f) 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 Affairs, the Committee
on the Judiciary, and the Committee on Financial
Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) Pipe-laying vessel.--The term ``pipe-laying vessel''
means an offshore vessel that can be used in the construction
of subsea infrastructure and is engaged in pipe-laying at
depths of 100 feet or more below sea level.
(6) 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;
or
(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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on 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.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Committee Agreed to Seek Consideration Under Suspension of the Rules.
Referred to the Subcommittee on Immigration and Citizenship.
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