Authority and funding for Energy Security Pacts
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(a) In general The Secretary may establish multiyear agreements (to be known as Energy Security Pacts) with partner countries under which the Secretary may coordinate and provide assistance to enhance the energy and economic security and stability of the United States and such partner countries, including through efforts to counter economic coercion through the diversification of critical mineral and energy supply chains. (b) Funding (1) Availability of amounts The Secretary may make available, from amounts authorized to be appropriated for fiscal year 2026 or any subsequent fiscal year under the heading National Security Investment Programs in Acts making appropriations for the Department of State, foreign operations, and related programs (including amounts authorized to be appropriated to the Economic Resilience Initiative), amounts for the purpose of establishing and implementing Energy Security Pacts. (2) Transfers Funds authorized to be made available pursuant to paragraph (1) may be transferred to, and merged with, funds appropriated for fiscal year 2026 or any subsequent fiscal year under the headings United States Trade and Development Agency, Millennium Challenge Corporation, United States International Development Finance–Corporate Capital Account, United States International Development Finance–Program Account, Development Finance Corporate Equity Investment Account, and Export-Import Bank of the United States–Program Account to carry out the purpose described in paragraph (1). (3) Consultation and notification The transfer authority provided by this subsection is— (A) in addition to any other transfer authority provided by law; and (B) subject to— (i) prior consultation with— (I) the Committee on Appropriations and the Committee on Foreign Relations of the Senate; and (II) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and (ii) the regular notification procedures of such committees. (c) Assistance for the development and implementation of Pacts The Director for Energy Security Pacts may— (1) enter into contracts for required technical support related to Energy Security Pacts; (2) make grants to partner countries that meet eligibility requirements for United States foreign assistance for the purpose of building the administrative or technical capacity necessary to facilitate the development and implementation of an Energy Security Pact between the United States and such country; and (3) lead Country Pact Teams, in accordance with section 4(c), to carry out the implementation of Energy Security Pacts. (d) Limitations (1) Prohibition on military assistance and training Assistance under this section may not include military assistance or military training for a country. (2) Prohibition on assistance relating to united states job loss or production displacement Assistance under this section may not be provided for any project that is likely to cause a substantial loss of United States jobs or a substantial displacement of United States production. (3) Prohibition on assistance relating to environmental, health, or safety hazards Assistance under this section may not be provided for any project that is likely to cause a significant environmental, health, or safety hazard. (4) Foreign Aid Transparency and Accountability Act compliance None of the funds authorized to be appropriated or otherwise made available to carry out this Act may be obligated or expended for an Energy Security Pact unless the Secretary complies with the requirements of section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (22 U.S.C. 2394c) with respect to the Pact and all activities associated with the Pact. (5) Prohibition on assistance for certain entities None of the funds authorized to be appropriated or otherwise made available to carry out this Act may be obligated or expended to provide any grant, contract, loan, or other financial assistance to an entity in which a senior United States Government official or an immediate family member (as defined in section 1128(j) of the Social Security Act (42 U.S.C. 1320a–7(j))) of such official holds any ownership interest or serves in any managerial, officer, director, or board capacity. (6) Other prohibition Assistance under this section may not be used in any manner otherwise prohibited by any provision of law.
(a) In general The Secretary may establish multiyear agreements (to be known as Energy Security Pacts) with partner countries under which the Secretary may coordinate and provide assistance to enhance the energy and economic security and stability of the United States and such partner countries, including through efforts to counter economic coercion through the diversification of critical mineral and energy supply chains. (b) Funding (1) Availability of amounts The Secretary may make available, from amounts authorized to be appropriated for fiscal year 2026 or any subsequent fiscal year under the heading National Security Investment Programs in Acts making appropriations for the Department of State, foreign operations, and related programs (including amounts authorized to be appropriated to the Economic Resilience Initiative), amounts for the purpose of establishing and implementing Energy Security Pacts. (2) Transfers Funds authorized to be made available pursuant to paragraph (1) may be transferred to, and merged with, funds appropriated for fiscal year 2026 or any subsequent fiscal year under the headings United States Trade and Development Agency, Millennium Challenge Corporation, United States International Development Finance–Corporate Capital Account, United States International Development Finance–Program Account, Development Finance Corporate Equity Investment Account, and Export-Import Bank of the United States–Program Account to carry out the purpose described in paragraph (1). (3) Consultation and notification The transfer authority provided by this subsection is— (A) in addition to any other transfer authority provided by law; and (B) subject to— (i) prior consultation with— (I) the Committee on Appropriations and the Committee on Foreign Relations of the Senate; and (II) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and (ii) the regular notification procedures of such committees. (c) Assistance for the development and implementation of Pacts The Director for Energy Security Pacts may— (1) enter into contracts for required technical support related to Energy Security Pacts; (2) make grants to partner countries that meet eligibility requirements for United States foreign assistance for the purpose of building the administrative or technical capacity necessary to facilitate the development and implementation of an Energy Security Pact between the United States and such country; and (3) lead Country Pact Teams, in accordance with section 4(c), to carry out the implementation of Energy Security Pacts. (d) Limitations (1) Prohibition on military assistance and training Assistance under this section may not include military assistance or military training for a country. (2) Prohibition on assistance relating to united states job loss or production displacement Assistance under this section may not be provided for any project that is likely to cause a substantial loss of United States jobs or a substantial displacement of United States production. (3) Prohibition on assistance relating to environmental, health, or safety hazards Assistance under this section may not be provided for any project that is likely to cause a significant environmental, health, or safety hazard. (4) Foreign Aid Transparency and Accountability Act compliance None of the funds authorized to be appropriated or otherwise made available to carry out this Act may be obligated or expended for an Energy Security Pact unless the Secretary complies with the requirements of section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (22 U.S.C. 2394c) with respect to the Pact and all activities associated with the Pact. (5) Prohibition on assistance for certain entities None of the funds authorized to be appropriated or otherwise made available to carry out this Act may be obligated or expended to provide any grant, contract, loan, or other financial assistance to an entity in which a senior United States Government official or an immediate family member (as defined in section 1128(j) of the Social Security Act (42 U.S.C. 1320a–7(j))) of such official holds any ownership interest or serves in any managerial, officer, director, or board capacity. (6) Other prohibition Assistance under this section may not be used in any manner otherwise prohibited by any provision of law.
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