22 U.S.C. § 9563 — Prioritization of efforts and assistance for

Page 2269 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9563 § 9563. Prioritization of efforts and assistance for energy infrastructure projects in Europe and Eurasia (a) In general In pursuing the policy described in section 9562 of this title, the Secretary of State, in consulta- tion with the Secretary of Energy and the heads of other relevant United States agencies, shall, as appropriate, prioritize and expedite the ef- forts of the Department of State and those agen- cies 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 sup- port to the European Commission and those governments, as necessary— (A) to facilitate international negotiations concerning cross-border infrastructure; (B) to enhance Europe’s regulatory envi- ronment with respect to energy; and (C) to develop accessible, transparent, and competitive energy markets supplied by di- verse 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 nec- essary— (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 assist- ance under this section if the project— (A)(i) improves electricity transmission in- frastructure, power generation through the use of a broad power mix (including fossil fuel and renewable energy), or energy effi- ciency; 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 Eu- ropean 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 institu- tion, 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 implemen- tation. (c) Types of assistance (1) Diplomatic and political support The Secretary of State shall provide diplo- matic and political support to the European Commission and the governments of European and Eurasian countries, as necessary, includ- ing by using the diplomatic and political influ- ence and expertise of the Department of State to build the capacity of those countries to re- solve 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 sup- port 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 sub- section (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 Devel- opment 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 pro- vision of such support in a country described in subparagraph (A) unless— (i) the President certifies to the appro- priate 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 de- velopmental outcomes or provide devel- opmental benefits to the poorest popu- lation of that country; or (II) necessary to preempt or counter ef- forts by a strategic competitor of the United States to secure significant polit- ical or economic leverage or acquire na- tional 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 devel- Page 2270 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9564 oped 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.) Editorial Notes REFERENCES IN TEXT The BUILD Act, referred to in subsec. (e), probably means the BUILD Act of 2018, also known as the Better Utilization of Investments Leading to Development Act of 2018, which is classified principally to chapter 103 (§ 9601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. CODIFICATION Section was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian Influ- ence in Europe and Eurasia Act of 2017 which comprises this chapter. Section is comprised of section 2004 of Pub. L. 116–94. Subsec. (d) of section 2004 of Pub. L. 116–94 amended sections 2421 and 9543 of this title. Executive Documents DELEGATION OF AUTHORITY UNDER THE EUROPEAN ENERGY SECURITY AND DIVERSIFICATION ACT OF 2019 Memorandum of President of the United States, June 8, 2022, 87 F.R. 35853, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State the functions and authorities vested in the President by section 2004(e)(1)(C) of the European Energy Security and Diversification Act of 2019 (22 U.S.C. 9563(e)(1)(C)) (the ‘‘Act’’). The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision ref- erenced in this memorandum. Any reference in this memorandum to the Act shall be deemed to be a ref- erence to such Act as amended from time to time. You are authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. § 9564. Progress reports Not later than one year after December 20, 2019, and annually thereafter, the President shall submit to the Committee on Foreign Rela- tions of the Senate and the Committee on For- eign Affairs of the House of Representatives a report on progress made in providing assistance for projects under section 9563 of this title that includes— (1) a description of the energy infrastructure projects the United States has identified for such assistance; and (2) for each such project— (A) a description of the role of the United States in the project, including in early- stage project support and late-stage project support; (B) the amount and form of any debt fi- nancing and insurance provided by the United States Government for the project; (C) the amount and form of any early- stage project support; and (D) an update on the progress made on the project as of the date of the report. (Pub. L. 116–94, div. P, title XX, § 2005, Dec. 20, 2019, 133 Stat. 3226.) Editorial Notes CODIFICATION Section was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian Influ- ence in Europe and Eurasia Act of 2017 which comprises this chapter. CHAPTER 103—BETTER UTILIZATION OF INVESTMENTS LEADING TO DEVELOPMENT Sec. 9601. Definitions. SUBCHAPTER I—ESTABLISHMENT 9611. Statement of policy. 9612. United States International Development Fi- nance Corporation. 9613. Management of Corporation. 9614. Independent accountability mechanism. SUBCHAPTER II—AUTHORITIES 9621. Authorities relating to provision of support. 9622. Terms and conditions. 9623. Payment of losses. 9624. Termination. SUBCHAPTER III—ADMINISTRATIVE AND GENERAL PROVISIONS 9631. Operations. 9632. Corporate powers. 9633. Maximum contingent liability. 9634. Corporate funds. 9635. Coordination with other development agen- cies. SUBCHAPTER IV—MONITORING, EVALUATION, AND REPORTING 9651. Establishment of risk and audit committees. 9652. Performance measures, evaluation, and learn- ing. 9653. Annual report. 9654. Publicly available project information. 9655. Engagement with investors. 9656. Notifications to be provided by the Corpora- tion. SUBCHAPTER V—CONDITIONS, RESTRICTIONS, AND PROHIBITIONS 9671. Limitations and preferences. 9672. Additionality and avoidance of market dis- tortion. 9673. Prohibition on support in countries that sup- port terrorism or violate human rights and with sanctioned persons. 9674. Applicability of certain provisions of law. SUBCHAPTER VI—TRANSITIONAL PROVISIONS 9681. Definitions. 9682. Reorganization plan. 9683. Transfer of functions. 9684. Termination of Overseas Private Investment Corporation and other superceded authori- ties. 9685. Transitional authorities. 9686. Savings provisions. 9687. Other terminations. 9688. Incidental transfers. 9689. Reference. § 9601. Definitions In this chapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means—