22 U.S.C. § 9546 — Ukranian energy security

Page 2266 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9546 1 So in original. Probably should be ‘‘Caucasus;’’. to the appropriate congressional committees and leadership a report on funds provided by, or funds the use of which was directed by, the Gov- ernment of the Russian Federation or any Rus- sian person with the intention of influencing the outcome of any election or campaign in any country in Europe or Eurasia during the pre- ceding year, including through direct support to any political party, candidate, lobbying cam- paign, nongovernmental organization, or civic organization. (b) Form of report Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (c) Definitions In this section: (1) Appropriate congressional committees and leadership The term ‘‘appropriate congressional com- mittees and leadership’’ means— (A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Armed Services, the Committee on Homeland Secu- rity and Governmental Affairs, the Com- mittee on Appropriations, the Select Com- mittee on Intelligence, and the majority and minority leaders of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Financial Services, the Com- mittee on Armed Services, the Committee on Homeland Security, the Committee on Appropriations, the Permanent Select Com- mittee on Intelligence, and the Speaker, the majority leader, and the minority leader of the House of Representatives. (2) Russian person The term ‘‘Russian person’’ means— (A) an individual who is a citizen or na- tional of the Russian Federation; or (B) an entity organized under the laws of the Russian Federation or otherwise subject to the jurisdiction of the Government of the Russian Federation. (Pub. L. 115–44, title II, § 256, Aug. 2, 2017, 131 Stat. 930.) § 9546. Ukranian energy security (a) Statement of policy It is the policy of the United States— (1) to support the Government of Ukraine in restoring its sovereign and territorial integ- rity; (2) to condemn and oppose all of the desta- bilizing efforts by the Government of the Rus- sian Federation in Ukraine in violation of its obligations and international commitments; (3) to never recognize the illegal annexation of Crimea by the Government of the Russian Federation or the separation of any portion of Ukrainian territory through the use of mili- tary force; (4) to deter the Government of the Russian Federation from further destabilizing and in- vading Ukraine and other independent coun- tries in Central and Eastern Europe and the Caucuses; 1 (5) to assist in promoting reform in regu- latory oversight and operations in Ukraine’s energy sector, including the establishment and empowerment of an independent regu- latory organization; (6) to encourage and support fair competi- tion, market liberalization, and reliability in Ukraine’s energy sector; (7) to help Ukraine and United States allies and partners in Europe reduce their depend- ence on Russian energy resources, especially natural gas, which the Government of the Rus- sian Federation uses as a weapon to coerce, in- timidate, and influence other countries; (8) to work with European Union member states and European Union institutions to pro- mote energy security through developing di- versified and liberalized energy markets that provide diversified sources, suppliers, and routes; (9) to continue to oppose the NordStream 2 pipeline given its detrimental impacts on the European Union’s energy security, gas market development in Central and Eastern Europe, and energy reforms in Ukraine; and (10) that the United States Government should prioritize the export of United States energy resources in order to create American jobs, help United States allies and partners, and strengthen United States foreign policy. (b) Plan to promote energy security in Ukraine (1) In general The Secretary of State, in coordination with the Administrator of the United States Agen- cy for International Development and the Sec- retary of Energy, shall work with the Govern- ment of Ukraine to develop a plan to increase energy security in Ukraine, increase the amount of energy produced in Ukraine, and re- duce Ukraine’s reliance on energy imports from the Russian Federation. (2) Elements The plan developed under paragraph (1) shall include strategies for market liberalization, effective regulation and oversight, supply di- versification, energy reliability, and energy efficiency, such as through supporting— (A) the promotion of advanced technology and modern operating practices in Ukraine’s oil and gas sector; (B) modern geophysical and meteorolog- ical survey work as needed followed by international tenders to help attract quali- fied investment into exploration and devel- opment of areas with untapped resources in Ukraine; (C) a broadening of Ukraine’s electric power transmission interconnection with Europe; (D) the strengthening of Ukraine’s capa- bility to maintain electric power grid sta- bility and reliability; (E) independent regulatory oversight and operations of Ukraine’s gas market and elec- tricity sector; (F) the implementation of primary gas law including pricing, tariff structure, and legal regulatory implementation; (G) privatization of government owned en- ergy companies through credible legal Page 2267 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9546 frameworks and a transparent process com- pliant with international best practices; (H) procurement and transport of emer- gency fuel supplies, including reverse pipe- line flows from Europe; (I) provision of technical assistance for cri- sis planning, crisis response, and public out- reach; (J) repair of infrastructure to enable the transport of fuel supplies; (K) repair of power generating or power transmission equipment or facilities; and (L) improved building energy efficiency and other measures designed to reduce en- ergy demand in Ukraine. (3) Reports (A) Implementation of Ukraine Freedom Sup- port Act of 2014 [22 U.S.C. 8921 et seq.] provisions Not later than 180 days after August 2, 2017, the Secretary of State shall submit to the appropriate congressional committees a report detailing the status of implementing the provisions required under section 7(c) of the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8926(c)), including detailing the plans required under that section, the level of funding that has been allocated to and ex- pended for the strategies set forth under that section, and progress that has been made in implementing the strategies devel- oped pursuant to that section. (B) In general Not later than 180 days after August 2, 2017, and every 180 days thereafter, the Sec- retary of State shall submit to the appro- priate congressional committees a report de- tailing the plan developed under paragraph (1), the level of funding that has been allo- cated to and expended for the strategies set forth in paragraph (2), and progress that has been made in implementing the strategies. (C) Briefings The Secretary of State, or a designee of the Secretary, shall brief the appropriate congressional committees not later than 30 days after the submission of each report under subparagraph (B). In addition, the De- partment of State shall make relevant offi- cials available upon request to brief the ap- propriate congressional committees on all available information that relates directly or indirectly to Ukraine or energy security in Eastern Europe. (D) Appropriate congressional committees defined In this paragraph, the term ‘‘appropriate congressional committees’’ means— (i) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (ii) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (c) Supporting efforts of countries in Europe and Eurasia to decrease their dependence on Russian sources of energy (1) Findings Congress makes the following findings: (A) The Government of the Russian Fed- eration uses its strong position in the energy sector as leverage to manipulate the inter- nal politics and foreign relations of the countries of Europe and Eurasia. (B) This influence is based not only on the Russian Federation’s oil and natural gas re- sources, but also on its state-owned nuclear power and electricity companies. (2) Sense of Congress It is the sense of Congress that— (A) the United States should assist the ef- forts of the countries of Europe and Eurasia to enhance their energy security through di- versification of energy supplies in order to lessen dependencies on Russian Federation energy resources and state-owned entities; and (B) the Export-Import Bank of the United States and the United States International Development Finance Corporation should play key roles in supporting critical energy projects that contribute to that goal. (3) Use of Countering Russian Influence Fund to provide technical assistance Amounts in the Countering Russian Influ- ence Fund pursuant to section 9543 of this title shall be used to provide technical advice to countries described in subsection (b)(1) of such section designed to enhance energy security and lessen dependence on energy from Russian Federation sources. (d) Authorization of appropriations There is authorized to be appropriated for the Department of State a total of $30,000,000 for fis- cal years 2018 and 2019 to carry out the strate- gies set forth in subsection (b)(2) and other ac- tivities under this section related to the pro- motion of energy security in Ukraine. (e) Rule of construction Nothing in this section shall be construed as affecting the responsibilities required and au- thorities provided under section 7 of the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8926). (Pub. L. 115–44, title II, § 257, Aug. 2, 2017, 131 Stat. 931; Pub. L. 115–254, div. F, title VI, § 1470(t), Oct. 5, 2018, 132 Stat. 3519.) Editorial Notes REFERENCES IN TEXT The Ukraine Freedom Support Act of 2014, referred to in subsec. (b)(3)(A), is Pub. L. 113–272, Dec. 18, 2014, 128 Stat. 2952, which is classified generally to chapter 96A (§ 8921 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 8921 of this title and Tables. AMENDMENTS 2018—Subsec. (c)(2)(B). Pub. L. 115–254 substituted ‘‘United States International Development Finance Corporation’’ for ‘‘Overseas Private Investment Cor- poration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of this 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.