Energy Security Cooperation with Allied Partners in Europe Act of 2021

II 117TH CONGRESS 1ST SESSION S. 819 To enhance the security of the United States and its allies, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 18, 2021 Mr. BARRASSO (for himself, Mr. BOOZMAN, Mr. BRAUN, Mrs. CAPITO, Mr. CORNYN, Mr. COTTON, Mr. CRAMER, Mr. CRUZ, Mr. DAINES, Mr. HAGERTY, Mr. HAWLEY, Mr. HOEVEN, Mr. KENNEDY, Ms. LUMMIS, Mr. SCOTT of Florida, Mr. SULLIVAN, and Mr. TILLIS) introduced the fol- lowing bill; which was read twice and referred to the Committee on For- eign Relations A BILL To enhance the security of the United States and its allies, 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 ‘‘Energy Security Co- 4 operation with Allied Partners in Europe Act of 2021’’. 5 SEC. 2. STATEMENT OF POLICY. 6 It is the policy of the United States— 7 VerDate Sep 11 2014 15:44 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 819 IS (1) to reduce the dependency of allies and part- 1 ners of the United States on Russian energy re- 2 sources, especially natural gas, in order for those 3 countries to achieve lasting and dependable energy 4 security; 5 (2) to condemn the Government of the Russian 6 Federation for, and to deter that government from, 7 using its energy resources as a geopolitical weapon 8 to coerce, intimidate, and influence other countries; 9 (3) to improve energy security in Europe by in- 10 creasing access to diverse, reliable, and affordable 11 energy; 12 (4) to promote energy security in Europe by 13 working with the European Union and other allies of 14 the United States to develop liberalized energy mar- 15 kets that provide diversified energy sources, sup- 16 pliers, and routes; 17 (5) to continue to strongly oppose the Nord 18 Stream 2 pipeline based on its detrimental effects on 19 the energy security of the European Union and the 20 economy of Ukraine and other countries in Central 21 Europe through which natural gas is transported; 22 and 23 VerDate Sep 11 2014 15:44 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 819 IS (6) to support countries that are allies or part- 1 ners of the United States by expediting the export 2 of energy resources from the United States. 3 SEC. 3. NORTH ATLANTIC TREATY ORGANIZATION. 4 The President should direct the United States Per- 5 manent Representative on the Council of the North Atlan- 6 tic Treaty Organization (in this Act referred to as 7 ‘‘NATO’’) to use the voice and influence of the United 8 States to encourage NATO member countries to work to- 9 gether to achieve energy security for those countries and 10 countries in Europe and Eurasia that are partners of 11 NATO. 12 SEC. 4. TRANSATLANTIC ENERGY STRATEGY. 13 (a) SENSE OF CONGRESS.—It is the sense of Con- 14 gress that the United States and other NATO member 15 countries should explore ways to ensure that NATO mem- 16 ber countries diversify their energy supplies and routes in 17 order to enhance their energy security, including through 18 the development of a transatlantic energy strategy. 19 (b) TRANSATLANTIC ENERGY STRATEGY.— 20 (1) IN GENERAL.—Not later than 180 days 21 after the date of the enactment of this Act, the Sec- 22 retary of State, in coordination with the Adminis- 23 trator of the United States Agency for International 24 Development and the Secretary of Energy, shall sub- 25 VerDate Sep 11 2014 15:44 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 819 IS mit to the appropriate congressional committees a 1 transatlantic energy strategy for the United 2 States— 3 (A) to enhance the energy security of 4 NATO member countries and countries that are 5 partners of NATO; and 6 (B) to increase exports of energy from the 7 United States to such countries. 8 (2) APPROPRIATE CONGRESSIONAL COMMIT- 9 TEES DEFINED.—In this subsection, the term ‘‘ap- 10 propriate congressional committees’’ means— 11 (A) the Committee on Foreign Relations of 12 the Senate; and 13 (B) the Committee on Foreign Affairs of 14 the House of Representatives. 15 SEC. 5. EXPEDITED APPROVAL OF EXPORTATION OF NAT- 16 URAL GAS TO UNITED STATES ALLIES. 17 (a) IN GENERAL.—Section 3(c) of the Natural Gas 18 Act (15 U.S.C. 717b(c)) is amended— 19 (1) by inserting ‘‘(1)’’ before ‘‘For purposes’’; 20 (2) by striking ‘‘nation with which there is in 21 effect a free trade agreement requiring national 22 treatment for trade in natural gas’’ and inserting 23 ‘‘foreign country described in paragraph (2)’’; and 24 (3) by adding at the end the following: 25 VerDate Sep 11 2014 15:44 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 819 IS ‘‘(2) A foreign country described in this paragraph 1 is— 2 ‘‘(A) a nation with which there is in effect a 3 free trade agreement requiring national treatment 4 for trade in natural gas; 5 ‘‘(B) a member country of the North Atlantic 6 Treaty Organization; 7 ‘‘(C) subject to paragraph (3), Japan; and 8 ‘‘(D) any other foreign country if the Secretary 9 of State, in consultation with the Secretary of De- 10 fense, determines that exportation of natural gas to 11 that foreign country would promote the national se- 12 curity interests of the United States. 13 ‘‘(3) The exportation of natural gas to Japan shall 14 be deemed to be consistent with the public interest pursu- 15 ant to paragraph (1), and applications for such expor- 16 tation shall be granted without modification or delay 17 under that paragraph, during only such period as the 18 Treaty of Mutual Cooperation and Security, signed at 19 Washington January 19, 1960, and entered into force 20 June 23, 1960 (11 UST 1632; TIAS 4509), between the 21 United States and Japan, remains in effect.’’. 22 (b) EFFECTIVE DATE.—The amendments made by 23 this section shall apply with respect to applications for the 24 authorization to export natural gas under section 3 of the 25 VerDate Sep 11 2014 15:44 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 819 IS Natural Gas Act (15 U.S.C. 717b) that are pending on, 1 or filed on or after, the date of the enactment of this Act. 2 SEC. 6. MANDATORY SANCTIONS WITH RESPECT TO THE 3 DEVELOPMENT OF PIPELINES IN THE RUS- 4 SIAN FEDERATION. 5 (a) IN GENERAL.—The President shall impose five 6 or more of the sanctions described in section 235 of the 7 Countering America’s Adversaries Through Sanctions Act 8 (22 U.S.C. 9529) with respect to a person if the President 9 determines that the person knowingly, on or after the date 10 of the enactment of this Act, makes an investment de- 11 scribed in subsection (b) or sells, leases, or provides to 12 the Government of the Russian Federation, or to any enti- 13 ty owned or controlled by that government, for the con- 14 struction of Russian energy export pipelines, goods, serv- 15 ices, technology, information, or support described in sub- 16 section (c)— 17 (1) any of which has a fair market value of 18 $1,000,000 or more; or 19 (2) that, during a 12-month period, have an ag- 20 gregate fair market value of $5,000,000 or more. 21 (b) INVESTMENT DESCRIBED.—An investment de- 22 scribed in this subsection is any contribution of assets, in- 23 cluding a loan guarantee or any other transfer of value, 24 that directly and significantly contributes to the enhance- 25 VerDate Sep 11 2014 15:44 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 819 IS ment of the ability of the Government of the Russian Fed- 1 eration, or any entity owned or controlled by that govern- 2 ment, to construct energy export pipelines. 3 (c) GOODS, SERVICES, TECHNOLOGY, INFORMATION, 4 OR SUPPORT DESCRIBED.—Goods, services, technology, 5 information, or support described in this subsection are 6 goods, services, technology, information, or support that 7 could directly and significantly facilitate the maintenance 8 or expansion of the construction, modernization, or repair 9 of energy export pipelines by the Government of the Rus- 10 sian Federation or any entity owned or controlled by that 11 government. 12 (d) PRESIDENTIAL WAIVER AUTHORITY AND NOTICE 13 TO CONGRESS.— 14 (1) PRESIDENTIAL WAIVER AUTHORITY.—The 15 President may waive the application of sanctions 16 under this section if the President determines that 17 it is in the national security interests of the United 18 States to waive such sanctions. 19 (2) NOTICE TO CONGRESS.—Not less than 15 20 days before taking action to waive the application of 21 sanctions under paragraph (1), the President shall 22 submit to the Committee on Foreign Relations of 23 the Senate and the Committee on Foreign Affairs of 24 VerDate Sep 11 2014 15:44 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S819.IS S819 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 819 IS the House of Representatives a notification of, and 1 written justification for, the action. 2 (e) EXCEPTION FOR IMPORTATION OF GOODS.— 3 (1) IN GENERAL.—The authority to impose 4 sanctions under subsection (a) shall not include the 5 authority to impose sanctions with respect to the im- 6 portation of goods. 7 (2) GOOD DEFINED.—In this subsection, the 8 term ‘‘good’’ means any article, natural or manmade 9 substance, material, supply or manufactured prod- 10 uct, including inspection and test equipment, and ex- 11 cluding technical data. 12 Æ VerDate Sep 11 2014 15:44 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S819.IS S819 pamtmann on DSKBC07HB2PROD with BILLS