22 U.S.C. § 9563 — Prioritization of efforts and assistance for energy infrastructure projects in Europe and Eurasia
submitted 7 years ago by Pub. L. 116-94 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 717 words · no verdicts yet
This section directs the Secretary of State and other agencies to prioritize qualifying European and Eurasian energy projects. It sets eligibility and preference rules, describes assistance, and creates an exception to certain BUILD Act limits with conditions.
(a) In general. To pursue section 9562's policy, the Secretary of State, consulting the Secretary of Energy and other relevant agency heads, must when appropriate prioritize and speed Department and agency efforts supporting the European Commission and European and Eurasian governments in increasing energy security. This includes (1) diplomatic and political support to facilitate cross-border infrastructure negotiations, improve Europe's energy regulations, and develop accessible, transparent, competitive markets with diverse energy sources, types, and routes; and (2) support for better regional energy markets, including early- and late-stage project support* for building or improving energy and related infrastructure, to diversify sources and routes, integrate markets, and increase competition.
(b) Project selection. (1) The agencies must identify suitable projects. (2) A project qualifies if it (A)(i) improves electricity transmission, power generation using a broad mix including fossil fuels and renewable energy, or energy efficiency, or (ii) advances electricity storage, smart grids, distributed generation, or other appropriate technological innovations; and (B) is in a European or Eurasian country. (3) Among eligible projects, agencies must prefer projects that (A) link two or more countries' energy systems; (B) the European Commission has identified as integral to European energy security; (C) are expected to improve market integration; (D) can attract private, international-financial-institution, host-government, or Commission funding; or (E) may use United States goods or services during implementation.
(c) Types of assistance. (1) The Secretary of State must provide needed diplomatic and political support, including Department influence and expertise to help countries overcome obstacles to selected projects. (2) The Trade and Development Agency Director must provide needed early-stage support for selected projects. (3) Agencies providing late-stage support must provide it for selected projects as needed.
(d) Omitted.
(e) Exception from certain BUILD Act limitation. (1) For support under this section, the United States International Development Finance Corporation may support projects in upper-middle-income or high-income economies, and the restriction in section 9612(c)(2) does not apply. But the Corporation must restrict that support unless (i) the President certifies to the appropriate congressional committees that it advances United States national economic or foreign-policy interests; and (ii) the support is either (I) designed for significant development results or benefits for the country's poorest people, or (II) needed to preempt or counter a strategic competitor's effort to gain major political or economic leverage or obtain national-security-sensitive technology or infrastructure in an allied or partner country. (2) “Appropriate congressional committees” and “less developed country” have the meanings in section 9601.
In pursuing the policy described in section 9562 of this title, the Secretary of State, in consultation with the Secretary of Energy and the heads of other relevant United States agencies, shall, as appropriate, prioritize and expedite the efforts of the Department of State and those agencies in supporting the efforts of the European Commission and the governments of European and Eurasian countries to increase their energy security, including through—
providing diplomatic and political support to the European Commission and those governments, as necessary—
to facilitate international negotiations concerning cross-border infrastructure;
to enhance Europe’s regulatory environment with respect to energy; and
to develop accessible, transparent, and competitive energy markets supplied by diverse sources, types, and routes of energy; and
providing support to improve European and Eurasian energy markets, including early-stage project support* and late-stage project support* for the construction or improvement of energy and related infrastructure, as necessary—
to diversify the energy sources and supply routes of European and Eurasian countries;
to enhance energy market integration across the region; and
to increase competition within energy markets.
The agencies described in subsection (a) shall identify energy infrastructure projects that would be appropriate for United States assistance under this section.
A project is eligible for United States assistance under this section if the project—
improves electricity transmission infrastructure, power generation through the use of a broad power mix (including fossil fuel and renewable energy), or energy efficiency; or
advances electricity storage projects, smart grid projects, distributed generation models, or other technological innovations, as appropriate; and
is located in a European or Eurasian country.
In selecting among projects that are eligible under paragraph (2), the agencies described in subsection (a) shall give preference to projects that—
link the energy systems of 2 or more European or Eurasian countries;
have already been identified by the European Commission as being integral for the energy security of European countries;
are expected to enhance energy market integration;
can attract funding from the private sector, an international financial institution, the government of the country in which the project will be carried out, or the European Commission; or
have the potential to use United States goods and services during project implementation.
The Secretary of State shall provide diplomatic and political support to the European Commission and the governments of European and Eurasian countries, as necessary, including by using the diplomatic and political influence and expertise of the Department of State to build the capacity of those countries to resolve any impediments to the development of projects selected under subsection (b).
The Director of the Trade and Development Agency shall provide early-stage project support with respect to projects selected under subsection (b), as necessary.
Agencies described in subsection (a) that provide late-stage project support shall do so with respect to projects selected under subsection (b), as necessary.
For purposes of providing support for projects under this section—
the United States International Development Finance Corporation may provide support for projects in countries with upper-middle-income economies or high-income economies (as those terms are defined by the World Bank);
the restriction under section 9612(c)(2) of this title shall not apply; and
the Corporation shall restrict the provision of such support in a country described in subparagraph (A) unless—
the President certifies to the appropriate congressional committees that such support furthers the national economic or foreign policy interests of the United States; and
such support is—
designed to produce significant developmental outcomes or provide developmental benefits to the poorest population of that country; or
necessary to preempt or counter efforts by a strategic competitor of the United States to secure significant political or economic leverage or acquire national security-sensitive technologies or infrastructure in a country that is an ally or partner of the United States.
In this subsection, the terms “appropriate congressional committees” and “less developed country” have the meanings given those terms in section 9601 of this title.
Source credit: (Pub. L. 116–94, div. P, title XX, § 2004, Dec. 20, 2019, 133 Stat. 3223.)
- 2019Enacted · Pub. L. 116-94 · 133 Stat. 3223
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-94 on 2019-12-20.
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