Energy Security Cooperation with Allied Partners in Europe Act of 2019

II Calendar No. 334 116TH CONGRESS 1ST SESSION S. 1830 To enhance the security of the United States and its allies, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 13, 2019 Mr. BARRASSO (for himself, Mr. GARDNER, Mr. DAINES, Mr. PERDUE, Mr. COTTON, Mrs. CAPITO, Mr. TILLIS, Mrs. BLACKBURN, Mr. ROBERTS, Mr. KENNEDY, Mr. CORNYN, Mr. CRAMER, Mr. BRAUN, Mr. ENZI, Mr. HOEVEN, Mr. ISAKSON, Mr. SCOTT of Florida, Mr. BOOZMAN, Mr. SUL- LIVAN, and Mr. CRUZ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations DECEMBER 17, 2019 Reported by Mr. RISCH, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] 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 2019’’. 5 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1830.RS S1830 kjohnson on DSK79L0C42 with BILLS 2 •S 1830 RS SEC. 2. STATEMENT OF POLICY. 1 It is the policy of the United States— 2 (1) to reduce the dependency of allies and part- 3 ners of the United States on Russian energy re- 4 sources, especially natural gas, in order for those 5 countries to achieve lasting and dependable energy 6 security; 7 (2) to condemn the Government of the Russian 8 Federation for, and to deter that government from, 9 using its energy resources as a geopolitical weapon 10 to coerce, intimidate, and influence other countries; 11 (3) to improve energy security in Europe by in- 12 creasing access to diverse, reliable, and affordable 13 energy; 14 (4) to promote energy security in Europe by 15 working with the European Union and other allies of 16 the United States to develop liberalized energy mar- 17 kets that provide diversified energy sources, sup- 18 pliers, and routes; 19 (5) to continue to strongly oppose the Nord 20 Stream 2 pipeline based on its detrimental effects on 21 the energy security of the European Union and the 22 economy of Ukraine and other countries in Central 23 Europe through which natural gas is transported; 24 and 25 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1830.RS S1830 kjohnson on DSK79L0C42 with BILLS 3 •S 1830 RS (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 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1830.RS S1830 kjohnson on DSK79L0C42 with BILLS 4 •S 1830 RS 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 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1830.RS S1830 kjohnson on DSK79L0C42 with BILLS 5 •S 1830 RS ‘‘(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 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1830.RS S1830 kjohnson on DSK79L0C42 with BILLS 6 •S 1830 RS 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 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1830.RS S1830 kjohnson on DSK79L0C42 with BILLS 7 •S 1830 RS 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.—The President may waive the application 14 of sanctions under this section for a period of not more 15 than 90 days, and may renew such a waiver for additional 16 periods of not more than 90 days each, if, not less than 17 15 days before the waiver or the renewal of the waiver 18 takes effect, the President— 19 (1) determines that the waiver is in the national 20 security interests of the United States; and 21 (2) submits to the Committee on Foreign Rela- 22 tions of the Senate and the Committee on Foreign 23 Affairs of the House of Representatives a notifica- 24 tion of, and written justification for, the waiver. 25 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1830.RS S1830 kjohnson on DSK79L0C42 with BILLS 8 •S 1830 RS (e) EXCEPTION FOR IMPORTATION OF GOODS.— 1 (1) IN GENERAL.—The authority to impose 2 sanctions under subsection (a) shall not include the 3 authority to impose sanctions with respect to the im- 4 portation of goods. 5 (2) GOOD DEFINED.—In this subsection, the 6 term ‘‘good’’ means any article, natural or manmade 7 substance, material, supply or manufactured prod- 8 uct, including inspection and test equipment, and ex- 9 cluding technical data. 10 SECTION 1. SHORT TITLE. 11 This Act may be cited as the ‘‘Energy Security Co- 12 operation with Allied Partners in Europe Act of 2019’’. 13 SEC. 2. STATEMENT OF POLICY. 14 It is the policy of the United States— 15 (1) to reduce the dependency of allies and part- 16 ners of the United States on Russian energy resources, 17 especially natural gas, in order for those countries to 18 achieve lasting and dependable energy security; 19 (2) to condemn the Government of the Russian 20 Federation for, and to deter that government from, 21 using its energy resources as a geopolitical weapon to 22 coerce, intimidate, and influence other countries; 23 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S1830.RS S1830 kjohnson on DSK79L0C42 with BILLS 9 •S 1830 RS (3) to improve energy security in Europe by in- 1 creasing access to diverse, reliable, and affordable en- 2 ergy; 3 (4) to promote energy security in Europe by 4 working with the European Union and other allies of 5 the United States to develop liberalized energy mar- 6 kets that provide diversified energy sources, suppliers, 7 and routes; 8 (5) to continue to strongly oppose the Nord 9 Stream 2 pipeline based on its detrimental effects on 10 the energy security of the European Union and the 11 economy of Ukraine and other countries in Central 12 Europe through which natural gas is transported; 13 and 14 (6) to support countries that are allies or part- 15 ners of the United States by expediting the export of 16 energy resources from the United States. 17 SEC. 3. NORTH ATLANTIC TREATY ORGANIZATION. 18 The President should direct the United States Perma- 19 nent Representative on the Council of the North Atlantic 20 Treaty Organization (in this Act referred to as ‘‘NATO’’) 21 to use the voice and influence of the United States to encour- 22 age NATO member countries to work together to achieve en- 23 ergy security for those countries and countries in Europe 24 and Eurasia that are partners of NATO. 25 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S1830.RS S1830 kjohnson on DSK79L0C42 with BILLS 10 •S 1830 RS SEC. 4. TRANSATLANTIC ENERGY STRATEGY. 1 (a) SENSE OF CONGRESS.—It is the sense of Congress 2 that the United States and other NATO member countries 3 should explore ways to ensure that NATO member countries 4 diversify their energy supplies and routes in order to en- 5 hance their energy security, including through the develop- 6 ment of a transatlantic energy strategy. 7 (b) TRANSATLANTIC ENERGY STRATEGY.— 8 (1) IN GENERAL.—Not later than 180 days after 9 the date of the enactment of this Act, the Secretary of 10 State, in coordination with the Administrator of the 11 United States Agency for International Development 12 and the Secretary of Energy, shall submit to the ap- 13 propriate congressional committees a transatlantic 14 energy strategy for the United States— 15 (A) to enhance the energy security of NATO 16 member countries and countries that are part- 17 ners of NATO; and 18 (B) to increase exports of energy, energy 19 technologies, and energy development services 20 from the United States to such countries. 21 (2) APPROPRIATE CONGRESSIONAL COMMITTEES 22 DEFINED.—In this subsection, the term ‘‘appropriate 23 congressional committees’’ means— 24 (A) the Committee on Foreign Relations of 25 the Senate; and 26 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S1830.RS S1830 kjohnson on DSK79L0C42 with BILLS 11 •S 1830 RS (B) the Committee on Foreign Affairs of the 1 House of Representatives. 2 SEC. 5. EXPEDITED APPROVAL OF EXPORTATION OF NAT- 3 URAL GAS TO UNITED STATES ALLIES. 4 (a) IN GENERAL.—Section 3(c) of the Natural Gas Act 5 (15 U.S.C. 717b(c)) is amended— 6 (1) by inserting ‘‘(1)’’ before ‘‘For purposes’’; 7 (2) by striking ‘‘nation with which there is in ef- 8 fect a free trade agreement requiring national treat- 9 ment for trade in natural gas’’ and inserting ‘‘foreign 10 country described in paragraph (2)’’; and 11 (3) by adding at the end the following: 12 ‘‘(2) A foreign country described in this paragraph 13 is— 14 ‘‘(A) a nation with which there is in effect a free 15 trade agreement requiring national treatment for 16 trade in natural gas; 17 ‘‘(B) a member country of the North Atlantic 18 Treaty Organization; 19 ‘‘(C) subject to paragraph (3), Japan; and 20 ‘‘(D) any other foreign country if the Secretary 21 of State, in consultation with the Secretary of De- 22 fense, determines that exportation of natural gas to 23 that foreign country would promote the national secu- 24 rity interests of the United States. 25 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00 [Text truncated for display. Full text available on Congress.gov.]