§9546 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Requires the Secretary of State, working with USAID and the Department of Energy, to make a plan with the Government of Ukraine to boost Ukraine’s energy security, increase domestic energy production, and cut its reliance on energy from Russia. It says the United States supports Ukraine’s sovereignty, rejects Russia’s annexation of Crimea, opposes Russia’s destabilizing actions, and will help Ukraine reform its energy sector, promote fair competition, and work with the EU to diversify energy sources. It also opposes the Nord Stream 2 pipeline and wants the United States to export more energy to help allies and create jobs. The plan must cover market opening, stronger regulation, more supply options, reliable grids, and better energy efficiency. It may include helping with new technology, surveys and international tenders for exploration, better electricity links with Europe, grid stability, an independent regulator, gas laws and pricing, transparent privatization, emergency fuel supplies (including reverse pipeline flows), crisis planning help, repairs to fuel and power infrastructure, and building efficiency measures. The Secretary must report on related work required under the Ukraine Freedom Support Act of 2014 within 180 days after August 2, 2017, and then every 180 days after that, and must brief Congress within 30 days of each report. Reports go to the Senate Foreign Relations and Appropriations Committees and the House Foreign Affairs and Appropriations Committees. Money from the Countering Russian Influence Fund may pay for technical advice, and up to $30,000,000 is authorized for the State Department for fiscal years 2018 and 2019 to carry out these strategies. It does not change duties under the Ukraine Freedom Support Act of 2014.

Title 22, §9546

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)It is the policy of the United States—

(1)to support the Government of Ukraine in restoring its sovereign and territorial integrity;

(2)to condemn and oppose all of the destabilizing efforts by the Government of the Russian Federation in Ukraine in violation of its obligations and international commitments;

(3)to never recognize the illegal annexation of Crimea by the Government of the Russian Federation or the separation of any portion of Ukrainian territory through the use of military force;

(4)to deter the Government of the Russian Federation from further destabilizing and invading Ukraine and other independent countries in Central and Eastern Europe and the Caucuses; 11 So in original. Probably should be “Caucasus;”.

(5)to assist in promoting reform in regulatory oversight and operations in Ukraine’s energy sector, including the establishment and empowerment of an independent regulatory organization;

(6)to encourage and support fair competition, market liberalization, and reliability in Ukraine’s energy sector;

(7)to help Ukraine and United States allies and partners in Europe reduce their dependence on Russian energy resources, especially natural gas, which the Government of the Russian Federation uses as a weapon to coerce, intimidate, and influence other countries;

(8)to work with European Union member states and European Union institutions to promote energy security through developing diversified and liberalized energy markets that provide diversified sources, suppliers, and routes;

(9)to continue to oppose the NordStream 2 pipeline given its detrimental impacts on the European Union’s energy security, gas market development in Central and Eastern Europe, and energy reforms in Ukraine; and

(10)that the United States Government should prioritize the export of United States energy resources in order to create American jobs, help United States allies and partners, and strengthen United States foreign policy.

(b)(1)The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Energy, shall work with the Government of Ukraine to develop a plan to increase energy security in Ukraine, increase the amount of energy produced in Ukraine, and reduce Ukraine’s reliance on energy imports from the Russian Federation.

(2)The plan developed under paragraph (1) shall include strategies for market liberalization, effective regulation and oversight, supply diversification, energy reliability, and energy efficiency, such as through supporting—

(A)the promotion of advanced technology and modern operating practices in Ukraine’s oil and gas sector;

(B)modern geophysical and meteorological survey work as needed followed by international tenders to help attract qualified investment into exploration and development of areas with untapped resources in Ukraine;

(C)a broadening of Ukraine’s electric power transmission interconnection with Europe;

(D)the strengthening of Ukraine’s capability to maintain electric power grid stability and reliability;

(E)independent regulatory oversight and operations of Ukraine’s gas market and electricity sector;

(F)the implementation of primary gas law including pricing, tariff structure, and legal regulatory implementation;

(G)privatization of government owned energy companies through credible legal frameworks and a transparent process compliant with international best practices;

(H)procurement and transport of emergency fuel supplies, including reverse pipeline flows from Europe;

(I)provision of technical assistance for crisis planning, crisis response, and public outreach;

(J)repair of infrastructure to enable the transport of fuel supplies;

(K)repair of power generating or power transmission equipment or facilities; and

(L)improved building energy efficiency and other measures designed to reduce energy demand in Ukraine.

(3)(A)Not later than 180 days after August 2, 2017, the Secretary of State shall submit to the appropriate congressional committees a report detailing the status of implementing the provisions required under section 7(c) of the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8926(c)), including detailing the plans required under that section, the level of funding that has been allocated to and expended for the strategies set forth under that section, and progress that has been made in implementing the strategies developed pursuant to that section.

(B)Not later than 180 days after August 2, 2017, and every 180 days thereafter, the Secretary of State shall submit to the appropriate congressional committees a report detailing the plan developed under paragraph (1), the level of funding that has been allocated to and expended for the strategies set forth in paragraph (2), and progress that has been made in implementing the strategies.

(C)The Secretary of State, or a designee of the Secretary, shall brief the appropriate congressional committees not later than 30 days after the submission of each report under subparagraph (B). In addition, the Department of State shall make relevant officials available upon request to brief the appropriate congressional committees on all available information that relates directly or indirectly to Ukraine or energy security in Eastern Europe.

(D)In this paragraph, the term “appropriate congressional committees” means—

(i)the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and

(ii)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

(c)(1)Congress makes the following findings:

(A)The Government of the Russian Federation uses its strong position in the energy sector as leverage to manipulate the internal politics and foreign relations of the countries of Europe and Eurasia.

(B)This influence is based not only on the Russian Federation’s oil and natural gas resources, but also on its state-owned nuclear power and electricity companies.

(2)It is the sense of Congress that—

(A)the United States should assist the efforts of the countries of Europe and Eurasia to enhance their energy security through diversification of energy supplies in order to lessen dependencies on Russian Federation energy resources and state-owned entities; and

(B)the Export-Import Bank of the United States and the United States International Development Finance Corporation should play key roles in supporting critical energy projects that contribute to that goal.

(3)Amounts in the Countering Russian Influence Fund pursuant to section 9543 of this title shall be used to provide technical advice to countries described in subsection (b)(1) of such section designed to enhance energy security and lessen dependence on energy from Russian Federation sources.

(d)There is authorized to be appropriated for the Department of State a total of $30,000,000 for fiscal years 2018 and 2019 to carry out the strategies set forth in subsection (b)(2) and other activities under this section related to the promotion of energy security in Ukraine.

(e)Nothing in this section shall be construed as affecting the responsibilities required and authorities provided under section 7 of the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8926).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Ukraine Freedom Support Act of 2014, referred to in subsec. (b)(3)(A), is Pub. L. 113–272, Dec. 18, 2014, 128 Stat. 2952, which is classified generally to chapter 96A (§ 8921 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 8921 of this title and Tables.

Amendments

2018—Subsec. (c)(2)(B). Pub. L. 115–254 substituted “United States International Development Finance Corporation” for “Overseas Private Investment Corporation”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of this title, see section 1470(w) of Pub. L. 115–254, set out as a note under section 905 of Title 2, The Congress.

§9546 Ukranian energy security