Sec. 201. Energy Security Compacts
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The Secretary is authorized to make available, from amounts authorized to be appropriated for fiscal year 2026 or any subsequent fiscal year for bilateral economic assistance (including amounts authorized to be appropriated to the Economic Resilience Initiative), amounts for the purpose of establishing multi-year agreements (to be known as Energy Security Compacts ) with partner countries 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.
Funds made available for the Economic Resilience Initiative or otherwise determined by the Secretary to be made available to support Energy Security Compacts may be transferred to, and merged with, funds appropriated for fiscal year 2026 or thereafter under the headings 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 by any Act providing appropriations for the Department of State and related programs.
The transfer authority provided by this section is in addition to any other transfer authority provided by law, and is subject to— prior consultation with— the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Appropriations and the Committee on Foreign Relations of the Senate; and the regular notification procedures of such committees. The Director for Energy Security Compacts may— enter into contracts for required technical support related to Energy Security Compacts; make grants to any partner country for the purpose of building the administrative or technical capacity necessary to facilitate the development and implementation of an Energy Security Compact between the United States and such country; and form Country Compact Teams with a designated lead, who will regularly engage with the Council, to carry out the implementation of the Compact.
Assistance under this section may not include military assistance or military training for a country. 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. Assistance under this section may not be provided for any project that is likely to cause a significant, unmitigable environmental, health, or safety hazard. None of the funds authorized to be appropriated or otherwise made available by this Act may be obligated or expended for an Energy Security Compact unless the compact and all associated activities comply with the monitoring, evaluation, performance measurement, and public reporting requirements of section 4 of the Foreign Aid Transparency and Accountability Act of 2016 ( 22 U.S.C. 2394c ).
None of the funds authorized to be appropriated or otherwise made available by this Act may be obligated or expended to provide any grant, contract, loan, or other financial assistance to an entity in which the President, the Vice President, or an immediate family member (as such term is defined in section 1128(j) of the Social Security Act ( 42 U.S.C. 1320a–7(j) )) of the President or Vice President holds, directly or indirectly, any ownership interest or serves in any managerial, officer, director, or board capacity.
Not less frequently than annually until the date that is five years after the date of the enactment of this Act, the Director for Energy Security Compacts shall submit to the appropriate congressional committees, the Executive Office of the President, the National Security Council, and the Secretary a report describing— the current status of activities authorized under this title; any obstacles to the implementation of such activities; and any updates to the multiyear financial plan developed pursuant to section 203(c)(6).
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- 42 USC 1320a–7(j)
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