USC Subchapter III

22 U.S.C. § 9561 Definitions

In this subchapter: (1) Early-stage project supportThe term “early-stage project support” includes—(A) feasibility studies; (B) resource evaluations; (C) project appraisal and costing; (D) pilot projects; (E) commercial support, such as trade missions, reverse trade missions, technical workshops, international buyer programs, and international partner searchers to link suppliers to projects; (F) technical assistance and other guidance to improve the local regulatory environment and market frameworks to encourage transparent competition and enhance energy security; and (G) long-term energy sector planning. (2) Late-stage project supportThe term “late-stage project support” includes debt financing, insurance, and transaction advisory services.

22 U.S.C. § 9562 Statement of policy

(a) Sense of CongressIt is the sense of Congress that the United States has economic and national security interests in assisting European and Eurasian countries achieve energy security through diversification of their energy sources and supply routes. (b) Statement of policyIt 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 dependence on energy resources from countries that use energy dependence for undue political influence, 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 encouraging the development of accessible, transparent, 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 between energy security requirements and commercial 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 expertise to global markets in a way that benefits the energy security of allies and partners of the United States, including in Europe and Eurasia.

22 U.S.C. § 9563 Prioritization of efforts and assistance for energy infrastructure projects in Europe and Eurasia

(a) In generalIn pursuing the policy described in section 9562 of this title, the Secretary of State, in consultation with the Secretary of Energy and the heads of other relevant United States agencies, shall, as appropriate, prioritize and expedite the efforts of the Department of State and those agencies 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 support to the European Commission and those governments, as necessary—(A) to facilitate international negotiations concerning cross-border infrastructure; (B) to enhance Europe’s regulatory environment with respect to energy; and (C) to develop accessible, transparent, and competitive energy markets supplied by diverse 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 necessary—(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 generalThe agencies described in subsection (a) shall identify energy infrastructure projects that would be appropriate for United States assistance under this section. (2) Project eligibilityA project is eligible for United States assistance under this section if the project—(A)(i) improves electricity transmission infrastructure, power generation through the use of a broad power mix (including fossil fuel and renewable energy), or energy efficiency; 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) PreferenceIn 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 European 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 institution, 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 implementation. (c) Types of assistance(1) Diplomatic and political supportThe Secretary of State shall provide diplomatic and political support to the European Commission and the governments of European and Eurasian countries, as necessary, including by using the diplomatic and political influence and expertise of the Department of State to build the capacity of those countries to resolve any impediments to the development of projects selected under subsection (b). (2) Early-stage project supportThe Director of the Trade and Development Agency shall provide early-stage project support with respect to projects selected under subsection (b), as necessary. (3) Late-stage project supportAgencies described in subsection (a) that provide late-stage project support shall do so with respect to projects selected under subsection (b), as necessary. (d) Omitted (e) Exception from certain limitation under BUILD Act(1) In generalFor purposes of providing support for projects under this section—(A) the United States International Development 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 provision of such support in a country described in subparagraph (A) unless—(i) the President certifies to the appropriate 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 developmental outcomes or provide developmental benefits to the poorest population of that country; or (II) necessary to preempt or counter efforts by a strategic competitor of the United States to secure significant political or economic leverage or acquire national security-sensitive technologies or infrastructure in a country that is an ally or partner of the United States. (2) DefinitionsIn this subsection, the terms “appropriate congressional committees” and “less developed country” have the meanings given those terms in section 9601 of this title.

22 U.S.C. § 9564 Progress reports

Not later than one year after December 20, 2019, and annually thereafter, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on progress made in providing assistance for projects under section 9563 of this title that includes— (1) a description of the energy infrastructure projects the United States has identified for such assistance; and (2) for each such project—(A) a description of the role of the United States in the project, including in early-stage project support and late-stage project support; (B) the amount and form of any debt financing and insurance provided by the United States Government for the project; (C) the amount and form of any early-stage project support; and (D) an update on the progress made on the project as of the date of the report.