§ 9563. Prioritization of efforts and assistance for energy infrastructure projects in Europe and Eurasia

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(a)In general In pursuing the policy described in section 9562 of this title, the Secretary of State, in consultation with the Secretary of Energy and the heads of other relevant United States agencies, shall, as appropriate, prioritize and expedite the efforts of the Department of State and those agencies in supporting the efforts of the European Commission and the governments of European and Eurasian countries to increase their energy security, including through—

(1)providing diplomatic and political support to the European Commission and those governments, as necessary—

(A)to facilitate international negotiations concerning cross-border infrastructure;

(B)to enhance Europe’s regulatory environment with respect to energy; and

(C)to develop accessible, transparent, and competitive energy markets supplied by diverse sources, types, and routes of energy; and

(2)providing support to improve European and Eurasian energy markets, including early-stage project support and late-stage project support for the construction or improvement of energy and related infrastructure, as necessary—

(A)to diversify the energy sources and supply routes of European and Eurasian countries;

(B)to enhance energy market integration across the region; and

(C)to increase competition within energy markets.

(b)Project selection

(1)In general The agencies described in subsection

(a)shall identify energy infrastructure projects that would be appropriate for United States assistance under this section.

(2)Project eligibility A project is eligible for United States assistance under this section if the project—

(i)improves electricity transmission infrastructure, power generation through the use of a broad power mix (including fossil fuel and renewable energy), or energy efficiency; or

(ii)advances electricity storage projects, smart grid projects, distributed generation models, or other technological innovations, as appropriate; and

(B)is located in a European or Eurasian country.

(3)Preference In selecting among projects that are eligible under paragraph (2), the agencies described in subsection

(a)shall give preference to projects that—

(A)link the energy systems of 2 or more European or Eurasian countries;

(B)have already been identified by the European Commission as being integral for the energy security of European countries;

(C)are expected to enhance energy market integration;

(D)can attract funding from the private sector, an international financial institution, the government of the country in which the project will be carried out, or the European Commission; or

(E)have the potential to use United States goods and services during project implementation.

(c)Types of assistance

(1)Diplomatic and political support The Secretary of State shall provide diplomatic and political support to the European Commission and the governments of European and Eurasian countries, as necessary, including by using the diplomatic and political influence and expertise of the Department of State to build the capacity of those countries to resolve any impediments to the development of projects selected under subsection (b).

(2)Early-stage project support The Director of the Trade and Development Agency shall provide early-stage project support with respect to projects selected under subsection (b), as necessary.

(3)Late-stage project support Agencies described in subsection

(a)that provide late-stage project support shall do so with respect to projects selected under subsection (b), as necessary.

(d)Omitted

(e)Exception from certain limitation under BUILD Act

(1)In general For purposes of providing support for projects under this section—

(A)the United States International Development Finance Corporation may provide support for projects in countries with upper-middle-income economies or high-income economies (as those terms are defined by the World Bank);

(B)the restriction under section 9612(c)(2) of this title shall not apply; and

(C)the Corporation shall restrict the provision of such support in a country described in subparagraph

(A)unless—

(i)the President certifies to the appropriate congressional committees that such support furthers the national economic or foreign policy interests of the United States; and

(ii)such support is—

(I)designed to produce significant developmental outcomes or provide developmental benefits to the poorest population of that country; or

(II)necessary to preempt or counter efforts by a strategic competitor of the United States to secure significant political or economic leverage or acquire national security-sensitive technologies or infrastructure in a country that is an ally or partner of the United States.

(2)Definitions In this subsection, the terms “appropriate congressional committees” and “less developed country” have the meanings given those terms in section 9601 of this title.

(Pub. L. 116–94, div. P, title XX, § 2004, Dec. 20, 2019, 133 Stat. 3223.)

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