[Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)]
[Senate]
[Pages S3111-S3113]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5974. Mr. COONS (for himself and Mr. Ricketts) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F--Energy Security Pacts Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Energy Security Pacts
Act''.
SEC. 1282. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Council agency.--The term ``council agency'' means a
department, agency, or organization described in section
1286(c).
(3) Critical mineral.--The term ``critical mineral'' means
any mineral on the list of critical minerals required by
section 7002(c)(3) of the Energy Act of 2020 (30 U.S.C.
1606(c)(3)) on or after January 1, 2026.
(4) Director for energy security pacts.--The term
``Director for Energy Security Pacts'' means the Director for
Energy Security Pacts described in section 1284.
(5) Energy security pact.--The term ``Energy Security
Pact'' means an Energy Security Pact described in section
1283.
(6) Energy security pacts council.--The term ``Energy
Security Pacts Council'' means the Energy Security Pacts
Council established under section 1286.
(7) Partner country.--The term ``partner country'' means a
country eligible for participation in an Energy Security
Pact.
(8) Reliable access to energy or electricity.--The term
``reliable access to energy or electricity'' means access to
energy or electricity that enables the electric system to
consistently meet demand through a combination of generation,
forecasting, storage, and grid management tools available
across all resources and technologies.
(9) Secretary.--The term ``Secretary'' means the Secretary
of State.
(10) Senior united states government official.--The term
``senior United States Government official'' means--
(A) any individual serving in a position at level I of the
Executive Schedule under section 5312 of title 5, United
States Code; and
(B) any individual serving as a presidential special envoy.
(11) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of State for Economic Growth, Energy, and
the Environment.
SEC. 1283. AUTHORITY FOR ENERGY SECURITY PACTS.
(a) In General.--The Secretary may carry out an initiative
to establish multiyear agreements, to be known as ``Energy
Security Pacts'', with partner countries for the purpose of
enhancing the energy and economic security and stability of
the United States and partner countries, including through
efforts to counter economic coercion through the
diversification of critical mineral and energy supply chains.
(b) 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
1284(c), to carry out the implementation of Energy Security
Pacts.
(c) Limitations and Conditions.--
(1) Prohibition on military assistance and training.--
Assistance under this section may not include military
assistance or military training for a country.
(2) Condition on assistance relating to american
competitiveness or production displacement.--Prior to funding
a project pursuant to an Energy Security Pact, the Secretary,
in consultation with other relevant departments and agencies,
should conduct an assessment on whether the proposed project
would undermine the competitiveness or displace production of
relevant domestic suppliers.
(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 subtitle 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 subtitle may be obligated or
expended to provide any grant, contract, 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.
SEC. 1284. DIRECTOR OF ENERGY SECURITY PACTS.
(a) Director for Energy Security Pacts.--
(1) In general.--The activities described in this subtitle
may be led by a Director for Energy Security Pacts, who may
be--
(A) appointed by the Secretary; and
(B) responsible--
(i) to the Under Secretary for all matters pertaining to
the administration and implementation of Energy Security
Pacts; and
(ii) for such other related duties as the Secretary may
from time to time designate.
(2) Responsibilities.--In addition to the responsibilities
described in paragraph (1), the Director for Energy Security
Pacts should be responsible for supporting the coordination
and implementation of the Energy Security Pacts Council,
including for matters pertaining to the following:
(A) Leading the development, negotiation, and management of
Energy Security Pacts.
(B) Consulting and coordinating with council agencies to
develop prospective Energy Security Pacts and implement
ongoing Energy Security Pacts, as appropriate.
(C) Serving as the recipient for--
(i) solicited proposals under Energy Security Pacts; and
(ii) unsolicited proposals for projects to be considered
for inclusion in any Energy Security Pact by national,
regional, and local governments and private corporations.
(D) Signing interagency agreements from departments,
agencies, or independent establishments of the United States
Government on behalf of the Department of State (with the
consent of the head of such department, agency, or
establishment) for the purpose of developing, implementing,
or otherwise participating in an Energy Security Pact.
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(E) Coordinating with other donor entities, including
countries that are allies and partners of the United States,
the Forum on Resource Geostrategic Engagement of the
Department of State, and other multilateral fora, for
purposes of deconflicting, augmenting, and leveraging, as
appropriate, Energy Security Pact workplans with the
development and financing activities performed by others.
(3) Annual report required.--Not less frequently than
annually until the date that is 5 years after the date of the
enactment of this Act, the Director for Energy Security Pacts
shall submit to the appropriate congressional committees, the
Executive Office of the President, the National Security
Council, and the Secretary a report describing--
(A) the current status and expenditures of activities
authorized under this subtitle;
(B) any obstacles to the implementation of such activities;
and
(C) any updates to the multiyear financial plan developed
pursuant to section 1285(d)(G).
(b) Country Pact Teams.--
(1) In general.--The Secretary, in consultation with the
Under Secretary and relevant Federal departments and
agencies, may designate a Country Pact Team for each Energy
Security Pact.
(2) Leadership; duties.--Each Country Pact Team shall--
(A) be led by the Director for Energy Security Pacts, who
may regularly engage with the Energy Security Pacts Council
on matters related to the Energy Security Pact; and
(B) manage the day-to-day activities related to the
development, negotiation, implementation, and monitoring of
the Pact.
(c) Personnel.--
(1) In general.--The Under Secretary or the Under
Secretary's designee may--
(A) upon request from the heads of relevant Federal
departments and agencies, detail staff, on a reimbursable
basis, to heads of council agencies with relevant sectoral,
financial, or regional expertise for the express purpose of
supporting the negotiation or implementation of an Energy
Security Pact;
(B) request from the heads of council agencies the detail
of personnel to the Director of Energy Security Pacts with
relevant sectoral, financial, or regional expertise, on a
reimbursable basis, for the express purpose of supporting the
negotiation or implementation of an Energy Security Pact; and
(C) appoint, without regard to the provisions of sections
3309 through 3318 of title 5, United States Code, candidates
directly to positions in the competitive service, as defined
in section 2102 of that title.
(2) Detailed employees.--Any employee detailed pursuant to
a request made under paragraph (1)(A) shall remain, for the
purpose of preserving such employee's allowances, privileges,
rights, seniority, and other benefits, an employee of the
agency from which detailed.
(d) Termination.--
(1) New energy security pacts.--The authority to enter into
new Energy Security Pacts shall terminate on the date that is
15 years after the date of the enactment of this Act.
(2) Director; council.--The position of Director for Energy
Security Pacts and the Energy Security Pacts Council shall
terminate 30 days after the final Energy Security Pact
expires.
(e) Reports.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary shall submit to
the appropriate congressional committees a report that
contains plans to attract and retain diplomatic, policy,
legal, and technical expertise for civil service officers to
work with the Director of Energy Security Pacts, including
career promotion tracks to supervisory and non-supervisory
GS-15 positions.
SEC. 1285. APPROVAL, ELIGIBILITY, AND ELEMENTS OF ENERGY
SECURITY PACTS.
(a) Goal.--It shall be the goal of each Energy Security
Pact to increase reliable access to energy or electricity for
the United States and the partner country to the Energy
Security Pact, for the purpose of stimulating economic
growth, promoting United States mineral production where
possible, enabling follow-on private sector investment,
supporting the commercial competitiveness of United States
companies, or diversifying relevant supply chains.
(b) Initial Requirements.--
(1) Recommendation; analysis.--Before entering into an
Energy Security Pact--
(A) the Pact shall be recommended by the Director for
Energy Security Pacts and the Under Secretary and approved by
the Secretary, after consultation with the United States
Ambassador, or in the absence of an Ambassador, the Charge
d'Affaires, for the partner country; and
(B) the Director for Energy Security Pacts, in
collaboration with the Energy Security Pacts Council and the
partner country, shall conduct a constraints analysis that--
(i) identifies insufficiencies in the energy sector and
supply-chain segments needed to strengthen the partner
country's energy security, consistent with United States
energy security risks and commercial opportunities; and
(ii) includes an assessment of the partner country's
ability to address shared critical mineral supply chain
vulnerabilities.
(2) Congressional notification.--Not later than 30 days
before entering into an Energy Security Pact, the Director
for Energy Security Pacts shall--
(A) notify and consult with the appropriate congressional
committees regarding such Pact;
(B) transmit to the appropriate congressional committees
the text of such Pact and additional documentation that
describes the implementation of such Pact; and
(C) provide to the appropriate congressional committees an
in-person briefing regarding such Pact.
(c) Eligibility.--A country is eligible for participation
in an Energy Security Pact if--
(1)(A) the per capita income of the country is not greater
than the World Bank's loan threshold; or
(B) at the beginning of the year in which negotiations are
initiated, the country is eligible for support from the World
Bank's International Bank for Reconstruction and Development
or International Development Association graduation process;
and
(2)(A) the country has deposits of critical minerals
strategically or commercially important for the United
States; or
(B) United States adversary encroachment into the country's
energy system poses a threat to the national security of the
United States; and
(3) the country is not a covered nation (as defined in
section 4872(f) of title 10, United States Code).
(d) Energy Security Pact Elements.--
(1) In general.--Each Energy Security Pact shall contain
the following:
(A) The constraints analysis conducted under subsection
(b)(1)(B).
(B) A demonstrated effort to integrate the national
economic development strategy of the partner country.
(C) Specific objectives that the partner country and the
United States expect to achieve during the term of the Energy
Security Pact, including--
(i) increased energy production, reliability, and
affordability in the partner country;
(ii) economic growth in the partner country that may reduce
the need for foreign assistance;
(iii) improved access to energy, in consultation with
affected communities and civil society; and
(iv) improved infrastructure that enables access to
critical minerals mining and processing.
(D) The responsibilities of the partner country and the
United States in the achievement of such objectives.
(E) Regular quantitative benchmarks to measure, as
appropriate, progress toward achieving such objectives.
(F) An identification of the intended impact of the
activities carried out in accordance with the Energy Security
Pact.
(G) A multiyear financial plan, updated annually until the
expiration of the term of the Energy Security Pact, that--
(i) estimates the amount of contributions, commitments, and
other participation to be provided by council agencies, the
partner country, multilateral development banks, and other
development finance institutions as applicable;
(ii) ensures that the Pact incorporates and is
complementary to development programs administered by other
Federal departments and agencies, so that United States funds
are used to improve feasibility for private sector investment
to further development goals;
(iii) identifies proposed mechanisms to implement the plan
and provide oversight of the plan; and
(iv) describes how the requirements described in this
subsection will be met, including the role of the private
sector in the achievement of such requirements.
(H) As appropriate, a description of the current and
potential participation of other donors, including council
agencies or countries that are allies and partners of the
United States, in the achievement of the objectives described
in subparagraph (C).
(I) A description of how oversight and transparency of the
foreign assistance provided through the Energy Security Pact
will be maintained.
(J) As appropriate, a process or processes for
considering--
(i) solicited proposals under the Energy Security Pact; and
(ii) unsolicited proposals by national, regional, and local
governments and private corporations.
(K) A requirement that open, fair, competitive, and
transparent procedures are used in the administration of
grants or cooperative agreements or the procurement of goods
and services for the accomplishment of objectives under the
Energy Security Pact.
(L) The strategy of the partner country to sustain progress
made toward achieving the objectives described in
subparagraph (C) after expiration of the Energy Security
Pact.
(M) A description of the role of council agencies in any
design, implementation, and monitoring of programs and
activities funded through the Energy Security Pact.
(N) A description of any contribution, as appropriate, from
the partner country relative to its national budget and
taking into account the prevailing economic conditions,
toward meeting the objectives described in subparagraph (C).
(2) Prohibition on taxation.--In addition to the elements
described in paragraph (1), each Energy Security Pact shall
contain a provision stating that assistance provided by the
United States under the Energy Security Pact shall be exempt
from taxation by the government of the partner country.
(3) Energy sources.--An Energy Security Pact shall not
exclude, as a matter of policy,
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any specific type of energy or power generation.
(e) Notification Regarding Increase or Extension of
Assistance.--Not later than 30 days after making a
determination and before distributing funds to increase or
extend assistance under an Energy Security Pact with a
partner country, the Secretary shall submit to the
appropriate congressional committees a written notification
that contains the following:
(1) A justification for the determination.
(2) A detailed summary of the proposed increase in, or
extension of, assistance under the Energy Security Pact.
(3) A copy of the full text of the amendment to the Energy
Security Pact.
(f) Duration.--The duration of an Energy Security Pact
shall not exceed 10 years.
(g) Subsequent and Concurrent Pacts.--A partner country
that has entered into, and has in effect, an Energy Security
Pact may enter into, and concurrently have in effect, not
more than one additional Energy Security Pact.
(h) Rule of Construction.--Nothing in this section shall be
construed to alter, supersede, or otherwise affect any
authorities, restrictions, or eligibility requirements
existing on the date of the enactment of this Act applicable
to foreign assistance programs administered by any Federal
department or agency, including determinations regarding the
eligibility of countries for such assistance made pursuant to
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
or any other provision of law.
SEC. 1286. ENERGY SECURITY PACTS COUNCIL.
(a) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the President should establish
an Energy Security Pacts Council (referred to in this section
as the ``Council'') to coordinate and implement Energy
Security Pacts.
(b) Chairperson.--The Council may be chaired by the
Secretary.
(c) Composition.--The Council may be composed of principal
officers of executive departments from the following
departments and agencies:
(1) The United States International Development Finance
Corporation.
(2) The Department of Energy.
(3) The United States Trade and Development Agency.
(4) The Export-Import Bank of the United States.
(5) The Department of Commerce.
(6) The United States Trade Representative.
(7) The Department of Defense.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Millennium Challenge Corporation.
(11) The Department of the Interior.
(12) Any other Federal department, agency, or organization
that the President determines to be appropriate.
(d) Vacancies.--When there is a vacancy in the office of a
principal officer of an executive department, the individual
acting in the capacity of principal officer shall serve as a
member of the Council until a new principal officer of the
executive department is appointed.
(e) Designation.--The principal officer of an executive
department may designate a senior official of such department
to serve on the Council, as appropriate.
(f) Meetings.--The Council should meet not less frequently
than quarterly.
(g) Duties.--The Council should--
(1) coordinate Energy Security Pact-related activities of
the council agencies;
(2) make annual recommendations to the Director for Energy
Security Pacts, taking into account the stated priorities of
the National Security Council and the President, regarding
the prioritization of countries eligible for Energy Security
Pact negotiation; and
(3) make recommendations to improve interagency
collaboration for purposes of promoting energy security and
United States national security interests abroad.
(h) Sunshine Act Compliance.--Meetings of the Council are
subject to section 552b of title 5, United States Code
(commonly referred to as the ``Government in the Sunshine
Act'').
SEC. 1287. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.
Not later than 2 years after the date of the enactment of
this Act, and annually thereafter until the final Energy
Security Pact expires, the Comptroller General of the United
States shall submit to Congress an evaluation of the
efficiency and development impact of projects supported by an
Energy Security Pact.
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