Energy Security Cooperation with Allied Partners in Europe Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2046 To enhance the security of the United States and its allies, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 18, 2021 Mrs. MILLER of West Virginia (for herself, Mr. ARRINGTON, and Mr. MCKIN- LEY) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Energy and Commerce, Financial Services, Oversight and Reform, Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 21:13 May 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2046.IH H2046 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2046 IH (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 21:13 May 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2046.IH H2046 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2046 IH (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 21:13 May 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2046.IH H2046 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2046 IH 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, energy 7 technologies, and energy development services 8 from the United States to such countries. 9 (2) APPROPRIATE CONGRESSIONAL COMMIT- 10 TEES DEFINED.—In this subsection, the term ‘‘ap- 11 propriate congressional committees’’ means— 12 (A) the Committee on Foreign Relations of 13 the Senate; and 14 (B) the Committee on Foreign Affairs of 15 the House of Representatives. 16 SEC. 5. EXPEDITED APPROVAL OF EXPORTATION OF NAT- 17 URAL GAS TO UNITED STATES ALLIES. 18 (a) IN GENERAL.—Section 3(c) of the Natural Gas 19 Act (15 U.S.C. 717b(c)) is amended— 20 (1) by inserting ‘‘(1)’’ before ‘‘For purposes’’; 21 (2) by striking ‘‘nation with which there is in 22 effect a free trade agreement requiring national 23 treatment for trade in natural gas’’ and inserting 24 ‘‘foreign country described in paragraph (2)’’; and 25 VerDate Sep 11 2014 21:13 May 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2046.IH H2046 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2046 IH (3) by adding at the end the following: 1 ‘‘(2) A foreign country described in this para- 2 graph is— 3 ‘‘(A) a nation with which there is in effect 4 a free trade agreement requiring national treat- 5 ment for trade in natural gas; 6 ‘‘(B) a member country of the North At- 7 lantic Treaty Organization; 8 ‘‘(C) subject to paragraph (3), Japan; and 9 ‘‘(D) any other foreign country if the Sec- 10 retary of Energy, in consultation with the Sec- 11 retary of State and Secretary of Defense, deter- 12 mines that exportation of natural gas to that 13 foreign country would promote the national se- 14 curity interests of the United States. 15 ‘‘(3) The exportation of natural gas to Japan 16 shall be deemed to be consistent with the public in- 17 terest pursuant to paragraph (1), and applications 18 for such exportation shall be granted without modi- 19 fication or delay under that paragraph, during only 20 such period as the Treaty of Mutual Cooperation 21 and Security, signed at Washington January 19, 22 1960, and entered into force June 23, 1960 (11 23 UST 1632; TIAS 4509), between the United States 24 and Japan, remains in effect.’’. 25 VerDate Sep 11 2014 21:13 May 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2046.IH H2046 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2046 IH (b) EFFECTIVE DATE.—The amendments made by 1 this section shall apply with respect to applications for the 2 authorization to export natural gas under section 3 of the 3 Natural Gas Act (15 U.S.C. 717b) that are pending on, 4 or filed on or after, the date of the enactment of this Act. 5 SEC. 6. MANDATORY SANCTIONS WITH RESPECT TO THE 6 DEVELOPMENT OF PIPELINES IN THE RUS- 7 SIAN FEDERATION. 8 (a) IN GENERAL.—The President shall impose five 9 or more of the sanctions described in section 235 of the 10 Countering America’s Adversaries Through Sanctions Act 11 (22 U.S.C. 9529) with respect to a person if the President 12 determines that the person knowingly, on or after the date 13 of the enactment of this Act, makes an investment de- 14 scribed in subsection (b) or sells, leases, or provides to 15 the Government of the Russian Federation, or to any enti- 16 ty owned or controlled by that government, for the con- 17 struction of Russian energy export pipelines, goods, serv- 18 ices, technology, information, or support described in sub- 19 section (c)— 20 (1) any of which has a fair market value of 21 $1,000,000 or more; or 22 (2) that, during a 12-month period, have an ag- 23 gregate fair market value of $5,000,000 or more. 24 VerDate Sep 11 2014 21:13 May 18, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2046.IH H2046 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2046 IH (b) INVESTMENT DESCRIBED.—An investment de- 1 scribed in this subsection is any contribution of assets, in- 2 cluding a loan guarantee or any other transfer of value, 3 that directly and significantly contributes to the enhance- 4 ment of the ability of the Government of the Russian Fed- 5 eration, or any entity owned or controlled by that govern- 6 ment, to construct energy export pipelines. 7 (c) GOODS, SERVICES, TECHNOLOGY, INFORMATION, 8 OR SUPPORT DESCRIBED.—Goods, services, technology, 9 information, or support described in this subsection are 10 goods, services, technology, information, or support that 11 could directly and significantly facilitate the maintenance 12 or expansion of the construction, modernization, or repair 13 of energy export pipelines by the Government of the Rus- 14 sian Federation or any entity owned or controlled by that 15 government. 16 (d) PRESIDENTIAL WAIVER AUTHORITY AND NOTICE 17 TO CONGRESS.— 18 (1) PRESIDENTIAL WAIVER AUTHORITY.—The 19 President may waive the application of sanctions 20 under this section if the President determines that 21 it is in the national security interests of the United 22 States to waive such sanctions. 23 (2) NOTICE TO CONGRESS.—Not less than 15 24 days before taking action to waive the application of 25 VerDate Sep 11 2014 21:13 May 18, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2046.IH H2046 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2046 IH sanctions under paragraph (1), the President shall 1 submit to the Committee on Foreign Relations of 2 the Senate and the Committee on Foreign Affairs of 3 the House of Representatives a notification of, and 4 written justification for, the action. 5 (e) EXCEPTION FOR IMPORTATION OF GOODS.— 6 (1) IN GENERAL.—The authority to impose 7 sanctions under subsection (a) shall not include the 8 authority to impose sanctions with respect to the im- 9 portation of goods. 10 (2) GOOD DEFINED.—In this subsection, the 11 term ‘‘good’’ means any article, natural or manmade 12 substance, material, supply or manufactured prod- 13 uct, including inspection and test equipment, and ex- 14 cluding technical data. 15 Æ VerDate Sep 11 2014 21:13 May 18, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H2046.IH H2046 pbinns on DSKJLVW7X2PROD with BILLS