22 U.S.C. § 9562 — Statement of policy

Page 2268 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9547 title, see section 1470(w) of Pub. L. 115–254, set out as a note under section 905 of Title 2, The Congress. § 9547. Termination The provisions of this subchapter shall termi- nate on the date that is 5 years after August 2, 2017. (Pub. L. 115–44, title II, § 258, Aug. 2, 2017, 131 Stat. 934.) § 9548. Appropriate congressional committees de- fined Except as otherwise provided, in this sub- chapter, the term ‘‘appropriate congressional committees’’ means— (1) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Armed Services, the Committee on Homeland Security and Govern- mental Affairs, the Committee on Appropria- tions, and the Select Committee on Intel- ligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Financial Services, the Com- mittee on Armed Services, the Committee on Homeland Security, the Committee on Appro- priations, and the Permanent Select Com- mittee on Intelligence of the House of Rep- resentatives. (Pub. L. 115–44, title II, § 259, Aug. 2, 2017, 131 Stat. 934.) SUBCHAPTER III—EUROPEAN ENERGY SECURITY AND DIVERSIFICATION Editorial Notes CODIFICATION This subchapter was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian In- fluence in Europe and Eurasia Act of 2017 which com- prises this chapter. § 9561. Definitions In this subchapter: (1) Early-stage project support The term ‘‘early-stage project support’’ in- cludes— (A) feasibility studies; (B) resource evaluations; (C) project appraisal and costing; (D) pilot projects; (E) commercial support, such as trade mis- sions, reverse trade missions, technical workshops, international buyer programs, and international partner searchers to link suppliers to projects; (F) technical assistance and other guid- ance to improve the local regulatory envi- ronment and market frameworks to encour- age transparent competition and enhance energy security; and (G) long-term energy sector planning. (2) Late-stage project support The term ‘‘late-stage project support’’ in- cludes debt financing, insurance, and trans- action advisory services. (Pub. L. 116–94, div. P, title XX, § 2002, Dec. 20, 2019, 133 Stat. 3223.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title XX of div. P of Pub. L. 116–94, Dec. 20, 2019, 133 Stat. 3222, which is classified generally to this subchapter. For complete classifica- tion of title XX to the Code, see Short Title note set out under section 9501 of this title and Tables. CODIFICATION Section was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian Influ- ence in Europe and Eurasia Act of 2017 which comprises this chapter. § 9562. Statement of policy (a) Sense of Congress It is the sense of Congress that the United States has economic and national security in- terests in assisting European and Eurasian countries achieve energy security through diver- sification of their energy sources and supply routes. (b) Statement of policy It is the policy of the United States— (1) to advance United States foreign policy and development goals by assisting European and Eurasian countries to reduce their depend- ence on energy resources from countries that use energy dependence for undue political in- fluence, such as the Russian Federation, which has used natural gas to coerce, intimidate, and influence other countries; (2) to promote the energy security of allies and partners of the United States by encour- aging the development of accessible, trans- parent, and competitive energy markets that provide diversified sources, types, and routes of energy; (3) to encourage United States public and private sector investment in European energy infrastructure projects to bridge the gap be- tween energy security requirements and com- mercial demand in a way that is consistent with the region’s absorptive capacity; and (4) to help facilitate the export of United States energy resources, technology, and ex- pertise to global markets in a way that bene- fits the energy security of allies and partners of the United States, including in Europe and Eurasia. (Pub. L. 116–94, div. P, title XX, § 2003, Dec. 20, 2019, 133 Stat. 3223.) Editorial Notes CODIFICATION Section was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian Influ- ence in Europe and Eurasia Act of 2017 which comprises this chapter. Page 2269 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9563 § 9563. Prioritization of efforts and assistance for energy infrastructure projects in Europe and Eurasia (a) In general In pursuing the policy described in section 9562 of this title, the Secretary of State, in consulta- tion with the Secretary of Energy and the heads of other relevant United States agencies, shall, as appropriate, prioritize and expedite the ef- forts of the Department of State and those agen- cies in supporting the efforts of the European Commission and the governments of European and Eurasian countries to increase their energy security, including through— (1) providing diplomatic and political sup- port to the European Commission and those governments, as necessary— (A) to facilitate international negotiations concerning cross-border infrastructure; (B) to enhance Europe’s regulatory envi- ronment with respect to energy; and (C) to develop accessible, transparent, and competitive energy markets supplied by di- verse sources, types, and routes of energy; and (2) providing support to improve European and Eurasian energy markets, including early- stage project support and late-stage project support for the construction or improvement of energy and related infrastructure, as nec- essary— (A) to diversify the energy sources and supply routes of European and Eurasian countries; (B) to enhance energy market integration across the region; and (C) to increase competition within energy markets. (b) Project selection (1) In general The agencies described in subsection (a) shall identify energy infrastructure projects that would be appropriate for United States assistance under this section. (2) Project eligibility A project is eligible for United States assist- ance under this section if the project— (A)(i) improves electricity transmission in- frastructure, power generation through the use of a broad power mix (including fossil fuel and renewable energy), or energy effi- ciency; or (ii) advances electricity storage projects, smart grid projects, distributed generation models, or other technological innovations, as appropriate; and (B) is located in a European or Eurasian country. (3) Preference In selecting among projects that are eligible under paragraph (2), the agencies described in subsection (a) shall give preference to projects that— (A) link the energy systems of 2 or more European or Eurasian countries; (B) have already been identified by the Eu- ropean Commission as being integral for the energy security of European countries; (C) are expected to enhance energy market integration; (D) can attract funding from the private sector, an international financial institu- tion, the government of the country in which the project will be carried out, or the European Commission; or (E) have the potential to use United States goods and services during project implemen- tation. (c) Types of assistance (1) Diplomatic and political support The Secretary of State shall provide diplo- matic and political support to the European Commission and the governments of European and Eurasian countries, as necessary, includ- ing by using the diplomatic and political influ- ence and expertise of the Department of State to build the capacity of those countries to re- solve any impediments to the development of projects selected under subsection (b). (2) Early-stage project support The Director of the Trade and Development Agency shall provide early-stage project sup- port with respect to projects selected under subsection (b), as necessary. (3) Late-stage project support Agencies described in subsection (a) that provide late-stage project support shall do so with respect to projects selected under sub- section (b), as necessary. (d) Omitted (e) Exception from certain limitation under BUILD Act (1) In general For purposes of providing support for projects under this section— (A) the United States International Devel- opment Finance Corporation may provide support for projects in countries with upper- middle-income economies or high-income economies (as those terms are defined by the World Bank); (B) the restriction under section 9612(c)(2) of this title shall not apply; and (C) the Corporation shall restrict the pro- vision of such support in a country described in subparagraph (A) unless— (i) the President certifies to the appro- priate congressional committees that such support furthers the national economic or foreign policy interests of the United States; and (ii) such support is— (I) designed to produce significant de- velopmental outcomes or provide devel- opmental benefits to the poorest popu- lation of that country; or (II) necessary to preempt or counter ef- forts by a strategic competitor of the United States to secure significant polit- ical or economic leverage or acquire na- tional security-sensitive technologies or infrastructure in a country that is an ally or partner of the United States. (2) Definitions In this subsection, the terms ‘‘appropriate congressional committees’’ and ‘‘less devel-