What This Bill Does
This bill aims to reduce how much energy the United States and its allies depend on Russia, particularly for natural gas. The bill creates policies to help European countries and NATO members diversify their energy sources and buy more American energy.
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Who It Affects
Companies that want to export natural gas from the United States. NATO member countries and U.S. allies in Europe. The President and the Secretary of State. Any person or entity that invests in or provides services to help Russia build energy pipelines.
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Key Provisions
* The Secretary of State, working with other agencies, must create and submit a plan within 180 days for how the United States will help NATO countries improve their energy security and buy more American energy exports (Sec. 4).
* Companies can now get faster approval to export natural gas to NATO member countries, Japan, and any other country the Secretary of Energy determines helps U.S. national security (Sec. 5).
* The President must punish anyone who invests $1 million or more (or $5 million in a 12-month period) in Russian energy pipelines or provides services that help Russia build pipelines (Sec. 6).
* The President can skip these punishments only if it protects U.S. national security, but must tell Congress at least 15 days before doing so (Sec. 6).
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What Changes
The natural gas export approval process becomes faster for U.S. allies. Companies helping Russia build pipelines face mandatory penalties. The United States commits to creating a detailed strategy for European energy security.
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Important Definitions
* Energy export pipelines: pipelines that carry energy resources like natural gas for export purposes
* Fair market value: the price something would sell for in an open market
* Good: any physical item, material, product or supply (not including technical information)
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Effective Date
The natural gas export changes apply immediately to applications pending or filed on or after the date the bill becomes law (Sec. 5). The 180-day deadline for submitting the energy strategy begins when the bill becomes law (Sec. 4).
I
118TH CONGRESS
1ST SESSION H. R. 1253
To enhance the security of the United States and its allies, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 28, 2023
Mrs. MILLER of West Virginia (for herself, Mr. ARRINGTON, and Mr.
CUELLAR) introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs, and in addition to the Committees on Energy
and Commerce, Financial Services, Oversight and Accountability, 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 2023’’.
5
SEC. 2. STATEMENT OF POLICY.
6
It is the policy of the United States—
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•HR 1253 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
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•HR 1253 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
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•HR 1253 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
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•HR 1253 IH
(3) by adding at the end the following:
1
‘‘(2) A foreign country described in this paragraph
2
is—
3
‘‘(A) a nation with which there is in effect a
4
free trade agreement requiring national treatment
5
for trade in natural gas;
6
‘‘(B) a member country of the North Atlantic
7
Treaty Organization;
8
‘‘(C) subject to paragraph (3), Japan; and
9
‘‘(D) any other foreign country if the Secretary
10
of Energy, in consultation with the Secretary of
11
State and Secretary of Defense, determines that ex-
12
portation of natural gas to that foreign country
13
would promote the national security interests of the
14
United States.
15
‘‘(3) The exportation of natural gas to Japan shall
16
be deemed to be consistent with the public interest pursu-
17
ant to paragraph (1), and applications for such expor-
18
tation shall be granted without modification or delay
19
under that paragraph, during only such period as the
20
Treaty of Mutual Cooperation and Security, signed at
21
Washington January 19, 1960, and entered into force
22
June 23, 1960 (11 UST 1632; TIAS 4509), between the
23
United States and Japan, remains in effect.’’.
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•HR 1253 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
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•HR 1253 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
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•HR 1253 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
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