22 U.S.C. § 9546: Ukranian energy security

Summary

The United States must help Ukraine strengthen its energy security, produce more energy at home, and rely less on energy from the Russian Federation. The Secretary of State, working with the USAID Administrator and the Secretary of Energy, must make a plan with Ukraine. The plan must cover opening and modernizing markets, stronger and independent regulators, more supply sources, better grid reliability, and energy-saving steps. Examples include using modern oil and gas technology, doing surveys and international tenders for new resources, better electric links with Europe, fixing and protecting power and fuel infrastructure, transparent privatization of state energy firms, emergency fuel procurement (including reverse pipeline flows from Europe), crisis planning help, and programs to cut building energy use. Not later than 180 days after August 2, 2017, and every 180 days after that, the Secretary of State must report to Congress on the plan, funding, and progress. The Secretary (or a designee) must brief the listed congressional committees within 30 days after each report. “Appropriate congressional committees” means the Senate Foreign Relations and Appropriations Committees and the House Foreign Affairs and Appropriations Committees. The law authorizes $30,000,000 for the Department of State for fiscal years 2018 and 2019 to carry out these strategies. The United States also finds that Russia uses its energy position to influence other countries and says the U.S. should help European and Eurasian countries diversify away from Russian energy, with the Export-Import Bank and the U.S. International Development Finance Corporation playing key roles. Amounts in the Countering Russian Influence Fund under section 9543 must be used to give technical advice to these countries on energy security.

Title 22, §9546

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Statement of policy

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;

(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)Plan to promote energy security in Ukraine

(1)In general

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)Elements

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)Reports

(A)Implementation of Ukraine Freedom Support Act of 2014 [22 U.S.C. 8921 et seq.] provisions

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)In general

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)Briefings

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)Appropriate congressional committees defined

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)Supporting efforts of countries in Europe and Eurasia to decrease their dependence on Russian sources of energy

(1)Findings

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)Sense of Congress

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)Use of Countering Russian Influence Fund to provide technical assistance

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)Authorization of appropriations

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)Rule of construction

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