What This Bill Does
This bill aims to reduce allied countries' dependence on Russian energy, particularly natural gas, and to support European energy security. It directs the U.S. government to work with NATO allies on energy strategy and makes it easier to export American natural gas to certain countries.
Who It Affects
NATO member countries and their energy partners; companies that export or invest in natural gas projects; the U.S. State Department, Energy Department, and U.S. Agency for International Development; people or companies doing business with Russian energy pipeline projects.
Key Provisions
• The Secretary of State must work with the Energy Secretary and U.S. Agency for International Development to develop and submit a transatlantic energy strategy within 180 days of the bill becoming law (Sec. 4)
• Natural gas exports to NATO members, Japan, countries with U.S. free trade agreements, and countries the Secretary of State determines benefit U.S. national security interests shall be automatically approved without delay (Sec. 5)
• The President must impose five or more sanctions against any person or company that invests $1 million or more, or $5 million or more over 12 months, in Russian energy pipeline construction (Sec. 6)
• The President can waive these sanctions if he determines it serves U.S. national security interests, but must notify Congress at least 15 days before doing so (Sec. 6)
• Sanctions cannot apply to imported goods themselves, only to services and technology (Sec. 6)
What Changes
Natural gas export approvals to NATO allies and certain other countries become faster and automatic rather than case-by-case. Companies and individuals investing in Russian pipeline projects face mandatory sanctions. The U.S. government creates a formal strategy to help European countries diversify their energy sources away from Russia.
Important Definitions
Investment: A contribution of assets, including loan guarantees or transfer of value, that directly and significantly helps Russia construct energy export pipelines (Sec. 6)
Goods: Physical products, materials and supplies, but not technical data (Sec. 6)
Goods, services, technology, information or support: Anything that could directly and significantly help maintain, expand, construct, modernize or repair Russian energy pipelines (Sec. 6)
Effective Date
The natural gas export changes apply to applications pending on or filed after the bill becomes law (Sec. 5). The transatlantic energy strategy must be submitted within 180 days of the bill becoming law (Sec. 4).
II
118TH CONGRESS
1ST SESSION
S. 548
To enhance the security of the United States and its allies, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 28, 2023
Mr. BARRASSO (for himself, Mrs. BLACKBURN, Mr. BRAUN, Mrs. BRITT, Mr.
BOOZMAN, Mrs. CAPITO, Mr. CASSIDY, Mr. CORNYN, Mr. COTTON, Mr.
CRAMER, Mr. CRUZ, Mr. DAINES, Mr. GRASSLEY, Mr. HAGERTY, Mr.
HOEVEN, Mrs. HYDE-SMITH, Mr. KENNEDY, Mr. LANKFORD, Ms. LUM-
MIS, Mr. MARSHALL, Mr. ROUNDS, Mr. SCOTT of Florida, Mr. SCOTT of
South Carolina, Mr. SULLIVAN, Mr. TILLIS, Mr. TUBERVILLE, Mr. GRA-
HAM, Mr. HAWLEY, and Mrs. FISCHER) introduced the following bill;
which was read twice and referred to the Committee on Foreign 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 2023’’.
5
SEC. 2. STATEMENT OF POLICY.
6
It is the policy of the United States—
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(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
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(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-
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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:
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‘‘(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
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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
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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
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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
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