What This Bill Does
This bill creates programs to help allied nations become less dependent on Russian energy and minerals. The bill also establishes partnerships between the United States, Mexico, and Canada to develop energy resources and secure supply chains for critical materials.
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Who It Affects
* The Secretary of Energy and Secretary of the Interior
* Allied and partner nations (including European countries, NATO members, Australia, Japan, South Korea, and others designated by the Secretaries)
* U.S. businesses developing energy and mineral projects
* Mexico and Canada (through cooperation agreements)
* The Export-Import Bank and U.S. International Development Finance Corporation
* Private companies seeking loans or loan guarantees for energy projects
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Key Provisions
* The Secretaries of Energy and Interior must establish a joint program to help allied nations reduce dependence on Russian natural gas, petroleum, coal, minerals, nuclear fuel, and related technologies by developing resources domestically, providing equipment to allies, offering loans and financial assistance, and providing technical support (Sec. 3(b))
* The Secretaries must prioritize activities located in the United States or in countries with annual income of $28,000 or less per person in 2020 (Sec. 3(c))
* Activities must use U.S.-developed or produced resources and equipment whenever practical, or promote U.S. energy security, national security, or manufacturing (Sec. 3(f))
* The Secretaries must submit annual reports identifying resources developed and analyzing how the program benefits U.S. suppliers and manufacturers (Sec. 3(g))
* Additional funding becomes available only if the Secretary of Energy certifies that the Nord Stream 2 pipeline project has been permanently discontinued (Sec. 3(h)(2))
* The Secretary of Energy can provide loans and loan guarantees to support joint ventures between U.S. and Mexican or Canadian entities for developing covered energy sources, with an advisory board of three members (one from the U.S., one from Mexico, one from Canada) overseeing the program (Sec. 6(c)(3))
* The Secretary of Energy shall seek to establish a United States-Mexico-Canada Energy Center located in the United States to develop academic cooperation on energy innovation and technology transfer (Sec. 6(e))
* The Export-Import Bank may provide financing for civil nuclear energy infrastructure projects, natural gas infrastructure projects, and critical minerals projects up to a maximum of $50 billion outstanding at any time (Sec. 7(b)(1))
* The Export-Import Bank's total lending authority is increased from $135 billion to $200 billion for fiscal years 2024 through 2033 (Sec. 7(4)(A))
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What Changes
If this law passes, the U.S. government will create new programs to help friendly countries buy American energy and minerals instead of Russian ones. The government will offer loans and financial help to companies developing these resources. A new energy center will be created to bring together experts from the United States, Mexico, and Canada. The Export-Import Bank will have more money to lend for energy and minerals projects. U.S. companies developing energy projects may have easier access to government support and loans.
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Important Definitions
* **Ally or partner nation**: Includes Australia, Finland, Japan, South Korea, Sweden, Switzerland, Ukraine, Kosovo, Moldova, NATO members, and countries in the European Network of Transmission System Operators for Electricity. The Secretaries can also designate any other country as an ally or partner nation.
* **Covered energy source**: Solar, biomass, wind, geothermal, wave and tidal, advanced batteries, hydrogen, nuclear, carbon capture technology, natural gas, water technologies, petroleum products, and critical materials needed for these energy sources.
* **Critical minerals**: Minerals defined in the Energy Act of 2020 that are necessary for energy technologies.
* **Secretaries**: The Secretary of Energy and the Secretary of the Interior.
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 458
To establish a program to reduce the reliance of allied and partner nations
on natural gas, petroleum, nuclear fuel, and minerals produced in Russia,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 15, 2023
Mr. MANCHIN (for himself and Ms. MURKOWSKI) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
A BILL
To establish a program to reduce the reliance of allied and
partner nations on natural gas, petroleum, nuclear fuel,
and minerals produced in Russia, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘North American
4
Transatlantic Resource Security Partnership Act of
5
2023’’.
6
SEC. 2. DEFINITION OF SECRETARIES.
7
In this Act, the term ‘‘Secretaries’’ means the Sec-
8
retary of Energy and the Secretary of the Interior.
9
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SEC. 3. PROGRAM TO REDUCE RELIANCE ON RUSSIAN EN-
1
ERGY.
2
(a) DEFINITION OF ALLY OR PARTNER NATION.—
3
In this section, the term ‘‘ally or partner nation’’ means
4
the Government of each of the following:
5
(1) Australia.
6
(2) Finland.
7
(3) Japan.
8
(4) The Republic of Korea.
9
(5) Sweden.
10
(6) Switzerland.
11
(7) Ukraine.
12
(8) Kosovo.
13
(9) Moldova.
14
(10) A country with a transmission system op-
15
erator that is included in the European Network of
16
Transmission System Operators for Electricity.
17
(11) A member of the North Atlantic Treaty
18
Organization.
19
(12) Any other country designated as an ally or
20
partner nation by the Secretaries for purposes of
21
this Act.
22
(b) ESTABLISHMENT.—The Secretaries shall estab-
23
lish a joint program (referred to in this section as the
24
‘‘program’’) to reduce the reliance of ally or partner na-
25
tions on natural gas, petroleum (including crude oil and
26
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•S 458 IS
petroleum products), coal, minerals, nuclear fuel, isotopes,
1
and other energy-related and mineral-related technologies
2
and commodities produced in Russia by—
3
(1) developing or manufacturing relevant re-
4
sources, materials, or equipment domestically;
5
(2) providing those resources, materials, and
6
equipment to an ally or partner nation under such
7
terms and conditions as the Secretaries determine
8
appropriate;
9
(3) issuing loans, loan guarantees, other finan-
10
cial assistance, or assistance in the form of an equity
11
interest to carry out the activities described in para-
12
graphs (1) and (2); and
13
(4) providing relevant technical assistance to an
14
ally or partner nation.
15
(c) PRIORITY.—In carrying out the program, the Sec-
16
retaries shall give priority to activities and projects that—
17
(1) are located in the United States; or
18
(2) are located in or benefit countries that had
19
an annual per capita gross domestic product of not
20
more than $28,000 in 2020.
21
(d) PARTNERSHIPS.—The Secretaries may partner
22
with other Federal agencies to carry out the program.
23
(e) AUTHORITY TO ENTER INTO AGREEMENTS.—In
24
carrying out the program, the Secretaries may enter into
25
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•S 458 IS
1 or more agreements directly with an ally or partner na-
1
tion or a third party under such terms and conditions as
2
the Secretaries determine appropriate.
3
(f) DOMESTIC SOURCING CONSIDERATIONS.—
4
(1) IN GENERAL.—Except as provided in para-
5
graph (2), to the extent practicable, the Secretaries
6
may only carry out an activity described in para-
7
graphs (1) through (4) of subsection (b) if the activ-
8
ity—
9
(A) relies on resources, materials, or equip-
10
ment that are developed or produced in the
11
United States; and
12
(B) promotes—
13
(i) the energy and national security of
14
the United States or ally or partner na-
15
tions; or
16
(ii) manufacturing in the United
17
States.
18
(2) EXCEPTION.—Paragraph (1) shall not
19
apply with respect to an activity described in para-
20
graphs (1) through (4) of subsection (b) if the Sec-
21
retary of Energy certifies that such an activity can-
22
not reasonably satisfy clause (i) or (ii) of paragraph
23
(1)(B).
24
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•S 458 IS
(g) REPORTS.—Not later than 90 days after the date
1
of enactment of this Act, and annually thereafter, the Sec-
2
retaries shall submit to the Committee on Energy and
3
Natural Resources and the Committee on Foreign Rela-
4
tions of the Senate and the Committee on Energy and
5
Commerce and the Committee on Foreign Affairs of the
6
House of Representatives a report that—
7
(1) identifies any resources, materials, or equip-
8
ment developed under subsection (b)(1); and
9
(2) analyzes how the program benefits domestic
10
resource suppliers and manufacturers.
11
(h) AUTHORIZATION OF APPROPRIATIONS.—
12
(1) IN GENERAL.—There is authorized to be
13
appropriated to the Secretaries to carry out this sec-
14
tion $500,000,000 for fiscal year 2024, to remain
15
available until September 30, 2026.
16
(2) NORD
STREAM
2
PIPELINE
DISCONTINU-
17
ATION.—
18
(A)
AUTHORIZATION
OF
APPROPRIA-
19
TIONS.—In addition to the amount authorized
20
to be appropriated under paragraph (1), there
21
is authorized to be appropriated to the Secre-
22
taries to carry out this section $500,000,000
23
for fiscal year 2024, to remain available until
24
September 30, 2026.
25
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•S 458 IS
(B) CONDITIONS.—Amounts appropriated
1
pursuant to subparagraph (A) may only be ex-
2
pended if the Secretary of Energy certifies to
3
Congress that the planning, construction, and
4
operation of the Nord Stream 2 pipeline has
5
been permanently discontinued, including as a
6
result of United States sanctions imposed on
7
any person or entity responsible for such plan-
8
ning, construction, or operation.
9
SEC. 4. DOMESTIC ENERGY AND MINERAL SECURITY EVAL-
10
UATION.
11
(a) REPORT ON DOMESTIC ENERGY AND MINERAL
12
SECURITY.—Not later than 1 year after the date of enact-
13
ment of this Act, the Secretaries shall develop and submit
14
to the Committee on Energy and Natural Resources of
15
the Senate and the Committee on Energy and Commerce
16
of the House of Representatives a report that evaluates
17
the energy and mineral security of the United States, in-
18
cluding—
19
(1) identification of any threats posed to the
20
supply, transmission, distribution, or use of energy
21
in the United States;
22
(2) identification of any threats posed to the
23
supply, processing, refining, and distribution of min-
24
erals in the United States;
25
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•S 458 IS
(3) the potential impact of the threats described
1
in paragraphs (1) and (2) on—
2
(A) the economy of the United States;
3
(B) consumers and well-functioning and
4
competitive energy and mineral markets in the
5
United States; and
6
(C) the national security of the United
7
States; and
8
(4) identification of means to strengthen do-
9
mestic production while standardizing a system to
10
support projects with ally or partner nations to es-
11
tablish resilient and responsible energy and mineral
12
supply chains.
13
(b) CONSULTATION.—In developing the report under
14
subsection (a), the Secretaries may consult with relevant
15
Federal, State, private sector, and other entities, as the
16
Secretaries determine appropriate.
17
SEC. 5. ENERGY AND RELATED INFRASTRUCTURE SUPPLY
18
CHAIN RELIABILITY ASSURANCE PROGRAM.
19
(a) IN GENERAL.—The Secretaries shall establish a
20
supply chain reliability assurance program (referred to in
21
this section as the ‘‘program’’), under which the Secre-
22
taries shall—
23
(1) prioritize, to the maximum extent prac-
24
ticable, domestic activities that ensure the establish-
25
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•S 458 IS
ment of secure supply chains, including energy pro-
1
duction, mining, mineral processing, and manufac-
2
turing;
3
(2) facilitate collaboration with Federal agen-
4
cies, industrial partners, Mexico, and Canada to es-
5
tablish, grow, and maintain a reliable domestic sup-
6
plier base of critical energy materials and tech-
7
nologies by establishing government-to-government
8
partnerships and public-private partnerships—
9
(A) to procure materials (as defined in sec-
10
tion 2(b) of the National Materials and Min-
11
erals Policy, Research and Development Act of
12
1980 (30 U.S.C. 1601(b))) to meet the engi-
13
neering and performance requirements of the
14
Department of Energy (referred to in this sec-
15
tion as the ‘‘Department’’) and private and
16
public entities; and
17
(B) that may relate to—
18
(i) high-performance computing;
19
(ii) carbon capture materials;
20
(iii) the electric grid, including trans-
21
formers and high voltage direct current;
22
(iv) energy storage;
23
(v) hydropower and pumped storage
24
hydropower;
25
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•S 458 IS
(vi) nuclear energy;
1
(vii) catalysts;
2
(viii) semiconductors;
3
(ix) solar photovoltaics;
4
(x) wind;
5
(xi) isotopes;
6
(xii) oil and gas;
7
(xiii) advanced materials; and
8
(xiv) geothermal electrical and ther-
9
mal power storage;
10
(3) improve coordination with Mexico and Can-
11
ada to improve planning for material requirements
12
and potential disruptions to commercial or con-
13
tractor supply chains of materials crucial to energy
14
and related technologies, including by—
15
(A) assisting in coordination for fore-
16
casting future needs in existing and emerging
17
energy and related technologies and new pro-
18
curements; and
19
(B) establishing clear requirements to in-
20
crease raw material availability, expand manu-
21
facturing capabilities, support the formation of
22
diverse, secure, and socially responsible foreign
23
supply chains, and improve supply chain knowl-
24
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•S 458 IS
edge and decision-making for energy and re-
1
lated technologies;
2
(4) collaborate with Federal agencies, industrial
3
partners, and international partners to establish
4
processes to mitigate manufacturing challenges for
5
energy infrastructure and other energy-related prod-
6
ucts and to develop strategies to lower the long-term
7
costs of energy materials and technology while iden-
8
tifying and preserving—
9
(A) the production of materials and com-
10
ponents required for advanced energy tech-
11
nologies and products, including natural gas,
12
hydrogen, pipelines, and transmission, renew-
13
ables, advanced nuclear, advanced energy mate-
14
rials, and commercial-scale energy storage by
15
the Department; and
16
(B) energy and related infrastructure; and
17
(5) plan for—
18
(A) the sustainment of the supply of recy-
19
cled materials for energy and related tech-
20
nologies; and
21
(B) required infrastructure to recycle ma-
22
terials for energy and related technologies.
23
(b) FINANCIAL ASSISTANCE.—The Secretaries may
24
provide loans, loan guarantees, other financial assistance,
25
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•S 458 IS
and assistance in the form of an equity interest to carry
1
out the activities under the program.
2
(c) FUNDING.—There is authorized to be appro-
3
priated to the Secretaries to carry out this section
4
$200,000,000 for the period of fiscal years 2024 through
5
2028.
6
SEC. 6. NORTH AMERICAN ENERGY SECURITY COOPERA-
7
TION.
8
(a) COVERED ENERGY SOURCE DEFINED.—In this
9
section, the term ‘‘covered energy source’’ means any of
10
the following:
11
(1) Solar energy.
12
(2) Biomass energy.
13
(3) Energy efficiency technology.
14
(4) Wind energy.
15
(5) Geothermal energy.
16
(6) Wave and tidal energy.
17
(7) Advanced battery technology.
18
(8) Hydrogen technology.
19
(9) Nuclear energy.
20
(10) Carbon capture, utilization, and storage
21
technology.
22
(11) Natural gas energy, including conventional
23
and unconventional natural gas technologies and
24
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•S 458 IS
other associated technologies, and natural gas
1
projects.
2
(12) Water technologies, including water desali-
3
nation, wastewater treatment and reclamation, and
4
other water treatment refining.
5
(13) Petroleum, petroleum derivatives, and pe-
6
troleum products.
7
(14) Critical materials (as defined in section
8
7002(a) of the Energy Act of 2020 (30 U.S.C.
9
1606(a))) necessary for use of any of the energy
10
sources described in paragraphs (1) through (13).
11
(b) SENSE OF CONGRESS ON UNITED STATES-MEX-
12
ICO-CANADA COOPERATION AGREEMENT.—It is the sense
13
of Congress that—
14
(1) it is in the highest economic and national
15
security interests of the United States to develop
16
covered energy sources in the United States;
17
(2) the states of Mexico and provinces of Can-
18
ada are steadfast allies of the United States and
19
have the capacity to produce energy and mineral re-
20
sources that contribute to economic and national se-
21
curity;
22
(3) enhanced cooperation between the United
23
States, Mexico, and Canada for the purpose of re-
24
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search and development of covered energy sources
1
would be in the national interests of all 3 countries;
2
(4) energy cooperation between the United
3
States, Mexico, and Canada and the development of
4
natural resources by all 3 countries are in the stra-
5
tegic interests of the Uni
[Text truncated for display. Full text available on Congress.gov.]