,,ii  #aaith ,,congress  #b;d ,session  
,s4 #dcib  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #bg1    
#bjbf,mr4 ,coons 7for himself and ,mr4  
,ricketts7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,foreign ,relations
  ,a ,,bill  ,to promote ,united ,states
 and allied energy and mineral security1
 and for other purposes4  #a4 ,short    
title ,this ,act may be cited as the    
,energy ,security ,pacts ,act4  #b4     
,definitions ,in this ,act3 7#a7        
,appropriate congressional committees   
,the term appropriate congressional     
committees means-- 7,a7 the ,committee  
on ,foreign ,relations1 the ,committee  
on ,finance1 and the ,committee on      
,appropriations of the ,senate2 and     
7,b7 the ,committee on ,foreign         
,affairs1 the ,committee on ,ways and   
,means1 and the ,committee on           
,appropriations of the ,house of        
,representatives4  7#b7 ,council agency 
,the term council agency means a        

department1 agency1 or organization     
described in section #f7;c74  7#c7      
,critical mineral ,the term critical    
mineral means any mineral on the list of
 critical minerals required by section  
#gjjb7;c77#c7 of the ,energy ,act of    
#bjbj 7#cj ,u4,s4,c4 #afjf7;c77#c77 on  
or after ,january #a1 #bjbf4  7#d7      
,director for ,energy ,security ,pacts  
,the term ,director for ,energy         
,security ,pacts means the ,director for
 ,energy ,security ,pacts described in  
section #d4  7#e7 ,energy ,security     
,pact ,the term ,energy ,security ,pact 
means an ,energy ,security ,pact        
described in section #c4  7#f7 ,energy  
,security ,pacts ,council ,the term     
,energy ,security ,pacts ,council means 
the ,energy ,security ,pacts ,council   
established under section #f4  7#g7     
,partner country ,the term partner      
country means a country eligible for    
participation in an ,energy ,security   
,pact4  7#h7 ,secretary ,the term       
,secretary means the ,secretary of      

,state4  7#i7 ,under ,secretary ,the    
term ,under ,secretary means the ,under 
,secretary of ,state for ,economic      
,growth1 ,energy1 and the ,environment4 
#c4 ,authority and funding for ,energy  
,security ,pacts  7a7 ,in general ,the  
,secretary may establish multiyear      
agreements 7to be known as ,energy      
,security ,pacts7 with partner countries
 under which the ,secretary may         
coordinate and provide assistance to    
enhance the energy and economic security
 and stability of the ,united ,states   
and such partner countries1 including   
through efforts to counter economic     
coercion through the diversification of 
critical mineral and energy supply      
chains4  7b7 ,funding  7#a7             
,availability of amounts ,the ,secretary
 may make available1 from amounts       
authorized to be appropriated for fiscal
 year #bjbf or any subsequent fiscal    
year under the heading ,national        
,security ,investment ,programs in ,acts
 making appropriations for the          

,department of ,state1 foreign          
operations1 and related programs        
7including amounts authorized to be     
appropriated to the ,economic           
,resilience ,initiative71 amounts for   
the purpose of establishing and         
implementing ,energy ,security ,pacts4  
7#b7 ,transfers ,funds authorized to be 
made available pursuant to paragraph    
7#a7 may be transferred to1 and merged  
with1 funds appropriated for fiscal year
 #bjbf or any subsequent fiscal year    
under the headings ,united ,states      
,trade and ,development ,agency1        
,millennium ,challenge ,corporation1    
,united ,states ,international          
,development ,finance-,corporate        
,capital ,account1 ,united ,states      
,international ,development             
,finance-,program ,account1 ,development
 ,finance ,corporate ,equity ,investment
 ,account1 and ,export-,import ,bank of 
the ,united ,states-,program ,account to
 carry out the purpose described in     
paragraph 7#a74  7#c7 ,consultation and 

notification ,the transfer authority    
provided by this subsection is-- 7,a7 in
 addition to any other transfer         
authority provided by law2 and  7,b7    
subject to-- 7i7 prior consultation     
with-- 7,i7 the ,committee on           
,appropriations and the ,committee on   
,foreign ,relations of the ,senate2 and 
7,,ii7 the ,committee on ,appropriations
 and the ,committee on ,foreign ,affairs
 of the ,house of ,representatives2 and 
7ii7 the regular notification procedures
 of such committees4  7c7 ,assistance   
for the development and implementation  
of ,pacts ,the ,director for ,energy    
,security ,pacts may-- 7#a7 enter into  
contracts for required technical support
 related to ,energy ,security ,pacts2   
7#b7 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 country2 and  7#c7 lead
 ,country ,pact ,teams1 in accordance   
with section #d7;c71 to carry out the   
implementation of ,energy ,security     
,pacts4  7d7 ,limitations  7#a7         
,prohibition on military assistance and 
training ,assistance under this section 
may not include military assistance or  
military training for a country4  7#b7  
,prohibition on assistance relating to  
united states job loss or production    
displacement ,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 production4  7#c7       
,prohibition on assistance relating to  
environmental1 health1 or safety hazards
 ,assistance under this section may not 
be provided for any project that is     
likely to cause a significant           
environmental1 health1 or safety hazard4
  7#d7 ,foreign ,aid ,transparency and  

,accountability ,act compliance ,none of
 the funds authorized to be appropriated
 or otherwise made available to carry   
out this ,act may be obligated or       
expended for an ,energy ,security ,pact 
unless the ,secretary complies with the 
requirements of section #d of the       
,foreign ,aid ,transparency and         
,accountability ,act of #bjaf 7#bb      
,u4,s4,c4 #bcid;c7 with respect to the  
,pact and all activities associated with
 the ,pact4  7#e7 ,prohibition on       
assistance for certain entities ,none of
 the funds authorized to be appropriated
 or otherwise made available to carry   
out this ,act may be obligated or       
expended to provide any grant1 contract1
 loan1 or other financial assistance to 
an entity in which a senior ,united     
,states ,government official or an      
immediate family member 7as defined in  
section #aabh7;j7 of the ,social        
,security ,act 7#db ,u4,s4,c4           
#acbj;a-#g7;j777 of such official holds 
any ownership interest or serves in any 

managerial1 officer1 director1 or board 
capacity4  7#f7 ,other prohibition      
,assistance under this section may not  
be used in any manner otherwise         
prohibited by any provision of law4  #d4
 ,office of ,energy ,security ,pacts    
7a7 ,establishment ,not later than #ahj 
days after the date of the enactment of 
this ,act1 the ,secretary shall         
establish an ,office of ,energy         
,security ,pacts1 which shall perform   
such functions related to the           
administration1 coordination1 and       
implementation of ,energy ,security     
,pacts as the ,under ,secretary may     
prescribe4  7b7 ,director for ,energy   
,security ,pacts  7#a7 ,in general ,the 
,office of ,energy ,security shall be   
led by a ,director for ,energy ,security
 ,pacts1 who shall be-- 7,a7 appointed  
by the ,secretary2 and  7,b7            
responsible-- 7i7 to the ,under         
,secretary for all matters pertaining to
 the administration and implementation  
of ,energy ,security ,pacts2 and  7ii7  

for such other related duties as the    
,secretary may from time to time        
designate4  7#b7 ,responsibilities ,in  
addition to the responsibilities        
described in paragraph 7#a71 the        
,director for ,energy ,security ,pacts  
shall be responsible for supporting the 
coordination and implementation by the  
,department of ,state of the ,economic  
,resilience ,initiative and the ,energy 
,security ,pacts ,council1 including for
 all matters pertaining to the          
following3 7,a7 ,drafting the           
contribution of the ,secretary to the   
strategy required by section #gjcj7;d7  
of the ,further ,consolidated           
,appropriations ,act1 #bjbd 7,public    
,law #aah-dg2 #ach ,stat4 #ghb74  7,b7  
,leading the development1 negotiation1  
and management of all ,energy ,security 
,pacts4  7,c7 ,consulting and           
coordinating with council agencies to   
develop prospective ,energy ,security   
,pacts and implement ongoing ,energy    
,security ,pacts1 as appropriate4  7,d7 

,serving as the recipient for-- 7i7     
solicited proposals under ,energy       
,security ,pacts2 and  7ii7 unsolicited 
proposals for projects to be considered 
for inclusion in any ,energy ,security  
,pact by national1 regional1 and local  
governments and private corporations4   
7,e7 ,signing joint agency agreements on
 behalf of the ,department of ,state1   
transferring or receiving appropriated  
funds from any department1 agency1 or   
independent establishment of the ,united
 ,states ,government on behalf of the   
,department of ,state 7with the consent 
of the head of such department1 agency1 
or establishment7 for the purpose of    
developing1 implementing1 or otherwise  
participating in an ,energy ,security   
,pact1 including for use as a credit    
subsidy to provide loans4  7,f7         
,coordinating with other donor entities1
 including countries that are allies and
 partners of the ,united ,states1 the   
,forum on ,resource ,geostrategic       
,engagement of the ,department of       

,state1 and other multilateral fora1 for
 purposes of deconflicting1 augmenting1 
and leveraging1 as appropriate1 ,energy 
,security ,pact workplans with the      
development and financing activities    
performed by others4  7#c7 ,annual      
report required ,not less frequently    
than annually until the date that is #e 
years after the date of the enactment of
 this ,act1 the ,director for ,energy   
,security ,pacts shall submit to the    
appropriate congressional committees1   
the ,executive ,office of the           
,president1 the ,national ,security     
,council1 and the ,secretary a report   
describing-- 7,a7 the current status of 
activities authorized under this ,act2  
7,b7 any obstacles to the implementation
 of such activities2 and  7,c7 any      
updates to the multiyear financial plan 
developed pursuant to section           
#e7;d77,g74  7c7 ,country ,pact ,teams  
7#a7 ,in general ,the ,secretary1 in    
consultation with the ,under ,secretary 
and relevant ,federal departments and   

agencies1 shall designate a ,country    
,pact ,team for each ,energy ,security  
,pact4  7#b7 ,leadership2 duties ,each  
,country ,pact ,team shall-- 7,a7 be led
 by the ,director for ,energy ,security 
,pacts1 who shall regularly engage with 
the ,energy ,security ,pacts ,council on
 matters related to the ,energy         
,security ,pact2 and  7,b7 manage the   
day-to-day activities related to the    
development1 negotiation1               
implementation1 and monitoring of the   
,pact4  7d7 ,personnel  7#a7 ,in general
 ,the ,under ,secretary or the ,under   
,secretary's designee may-- 7,a7 detail 
staff to heads of council agencies with 
relevant sectoral1 financial1 or        
regional expertise for the express      
purpose of supporting the negotiation or
 implementation of an ,energy ,security 
,pact2  7,b7 request from the heads of  
council agencies the detail of personnel
 to the ,office of ,energy ,security    
,pacts with relevant sectoral1          
financial1 or regional expertise1 on a  

reimbursable basis1 for the express     
purpose of supporting the negotiation or
 implementation of an ,energy ,security 
,pact2 and  7,c7 appoint1 without regard
 to the provisions of sections #ccji    
through #ccah of title #e1 ,united      
,states ,code1 candidates directly to   
positions in the competitive service1 as
 defined in section #bajb of that title4
  7#b7 ,detailed employees ,any employee
 detailed pursuant to a request made    
under paragraph 7#a77;,b7 shall remain1 
for the purpose of preserving such      
employee's allowances1 privileges1      
rights1 seniority1 and other benefits1  
an employee of the agency from which    
detailed4  7e7 ,termination  7#a7 ,new  
,energy ,security ,pacts ,the authority 
to enter into new ,energy ,security     
,pacts shall terminate on the date that 
is #ae years after the date of the      
enactment of this ,act4  7#b7 ,office2  
,director2 ,council ,the ,office of     
,energy ,security ,pacts1 the position  
of ,director for ,energy ,security      

,pacts1 and the ,energy ,security ,pacts
 ,council shall terminate after the     
final ,energy ,security ,pact expires4  
7f7 ,reports ,not later than #ahj days  
after the date of the enactment of this 
,act1 the ,under ,secretary shall submit
 to the appropriate congressional       
committees a report that contains plans 
to attract and retain diplomatic1       
policy1 legal1 and technical expertise  
for civil service officers in the       
,office of ,energy ,security ,pacts1    
including career promotion tracks to    
supervisory and non-supervisory ,,gs-#ae
 positions4  #e4 ,approval1 eligibility1
 and elements of ,energy ,security      
,pacts  7a7 ,goal ,it shall be the goal 
of each ,energy ,security ,pact to      
increase reliable access to energy or   
electricity1 including that needed for  
production of critical minerals1 for the
 ,united ,states and the partner country
 to the ,energy ,security ,pact1 for the
 purpose of stimulating economic growth1
 enabling follow-on private sector      

investment1 supporting the commercial   
competitiveness of ,united ,states      
companies1 or diversifying relevant     
supply chains4  7b7 ,initial            
requirements  7#a7 ,recommendation2     
analysis ,before entering into an       
,energy ,security ,pact-- 7,a7 the ,pact
 shall be recommended by the ,director  
for ,energy ,security ,pacts and the    
,under ,secretary and approved by the   
,secretary2 and  7,b7 the ,director for 
,energy ,security ,pacts1 in            
collaboration with the ,energy ,security
 ,pacts ,council and partner country1   
shall conduct a constraints analysis    
that identifies insufficiencies in the  
energy sector and supply-chain segments 
needed to strengthen the partner        
country's energy security1 consistent   
with ,united ,states energy security    
risks and commercial opportunities4     
7#b7 ,congressional notification ,not   
later than #cj days before entering into
 an ,energy ,security ,pact1 the        
,director for ,energy ,security ,pacts  

shall-- 7,a7 notify and consult with the
 appropriate congressional committees   
regarding such ,pact2  7,b7 transmit to 
the appropriate congressional committees
 the text of such ,pact2 and  7,c7      
provide to the appropriate congressional
 committees an in-person briefing       
regarding such ,pact4  7c7 ,eligibility 
,a country is eligible for participation
 in an ,energy ,security ,pact if--     
7#a77;,a7 the per capita income of the  
country is not greater than the ,world  
,bank's loan threshold2 or  7,b7 at the 
beginning of the year in which          
negotiations are initiated1 the country 
is eligible for support from the ,world 
,bank's ,international ,bank for        
,reconstruction and ,development or     
,international ,development ,association
 graduation process2  7#b7 the country  
has been identified as strategically or 
commercially important for the ,united  
,states by the ,secretary or the        
,president2  7#c7 the ,under ,secretary 
determines that the country has the     

capacity and commitment to implement the
 ,energy ,security ,pact2 and  7#d7 the 
country is not a foreign country of     
concern 7as defined in section          
#ajfab7;a7 of the ,research and         
,development1 ,competition1 and         
,innovation ,act 7#db ,u4,s4,c4         
#aibba7;a7774  7d7 ,energy ,security    
,pact elements  7#a7 ,in general ,each  
,energy ,security ,pact shall contain   
the following3 7,a7 ,the constraints    
analysis conducted under subsection     
7b77#a77;,b74  7,b7 ,a demonstrated     
effort to integrate the national        
economic development strategy of the    
partner country4  7,c7 ,specific        
objectives that the partner country and 
the ,united ,states expect to achieve   
during the term of the ,energy ,security
 ,pact1 including-- 7i7 increased energy
 production1 reliability1 and           
affordability in the partner country2   
7ii7 economic growth in the partner     
country that may reduce the need for    
foreign assistance2  7iii7 improved     

access to energy1 in consultation with  
affected communities and civil society2 
and  7iv7 improved infrastructure that  
enables access to critical minerals     
mining and processing4  7,d7 ,the       
responsibilities of the partner country 
and the ,united ,states in the          
achievement of such objectives4  7,e7   
,regular quantitative benchmarks to     
measure1 as appropriate1 progress toward
 achieving such objectives4  7,f7 ,an   
identification of the intended impact of
 the activities carried out in          
accordance with the ,energy ,security   
,pact4  7,g7 ,a multiyear financial     
plan1 updated annually until the        
expiration of the term of the ,energy   
,security ,pact1 that-- 7i7 estimates   
the amount of contributions1            
commitments1 and other participation to 
be provided by council agencies1 the    
partner country1 multilateral           
development banks1 and other development
 finance institutions as applicable2    
7ii7 ensures that the ,pact incorporates

 and is complementary to development    
programs administered by other ,federal 
departments and agencies1 so that       
,united ,states funds are used to       
improve feasibility for private sector  
investment to further development goals2
  7iii7 identifies proposed mechanisms  
to implement the plan and provide       
oversight of the plan2 and  7iv7        
describes how the requirements described
 in this subsection will be met1        
including the role of the private sector
 in the achievement of such             
requirements4  7,h7 ,as appropriate1 a  
description of the current and potential
 participation of other donors1         
including council agencies or countries 
that are allies and partners of the     
,united ,states1 in the achievement of  
the objectives described in subparagraph
 7,c74  7,i7 ,a description of how      
oversight and transparency of the       
foreign assistance provided through the 
,economic ,resilience ,initiative will  
be maintained4  7,j7 ,as appropriate1 a 

process or processes for considering--  
7i7 solicited proposals under the       
,energy ,security ,pact2 and  7ii7      
unsolicited proposals by national1      
regional1 and local governments and     
private corporations4  7,k7 ,a          
requirement that open1 fair1            
competitive1 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 ,pact4  7,l7 ,the 
strategy of the partner country to      
sustain progress made toward achieving  
the objectives described in subparagraph
 7,c7 after expiration of the ,energy   
,security ,pact4  7,m7 ,a description of
 the role of council agencies in any    
design1 implementation1 and monitoring  
of programs and activities funded       
through the ,energy ,security ,pact4    
7,n7 ,a description of any contribution1
 as appropriate1 from the partner       
country relative to its national budget 

and taking into account the prevailing  
economic conditions1 toward meeting the 
objectives described in subparagraph    
7,c74  7#b7 ,prohibition on taxation ,in
 addition to the elements described in  
paragraph 7#a71 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 country4  
7#c7 ,energy sources ,an ,energy        
,security ,pact shall not exclude1 as a 
matter of policy1 any specific type of  
energy or power generation4  7e7        
,notification regarding increase or     
extension of assistance ,not later than 
#ae days after making a determination   
and before distributing funds to        
increase or extend assistance under an  
,energy ,security ,pact with a partner  
country1 the ,secretary1 acting through 
the ,director for ,energy ,security     
,pacts1 shall submit to the appropriate 
congressional committees a written      

notification that contains the          
following3 7#a7 ,a justification for the
 determination4  7#b7 ,a detailed       
summary of the proposed increase in1 or 
extension of1 assistance under the      
,energy ,security ,pact4  7#c7 ,a copy  
of the full text of the amendment to the
 ,energy ,security ,pact4  7f7 ,duration
 ,the duration of an ,energy ,security  
,pact may not exceed #aj years4  7g7    
,subsequent and concurrent pacts ,a     
partner country that has entered into1  
and has in effect1 an ,energy ,security 
,pact may enter into1 and concurrently  
have in effect1 additional ,energy      
,security ,pacts4  7h7 ,rule of         
construction ,nothing in this section   
shall be construed to alter1 supersede1 
or otherwise affect any authorities1    
restrictions1 or eligibility            
requirements existing on the date of the
 enactment of this ,act applicable to   
foreign assistance programs administered
 by any ,federal department or agency1  
including determinations regarding the  

eligibility of countries for such       
assistance made pursuant to the ,foreign
 ,assistance ,act of #aifa 7#bb         
,u4,s4,c4 #baea et seq47 or any other   
provision of law4  #f4 ,energy ,security
 ,pacts ,council  7a7 ,establishment    
,not later than #ij days after the date 
of the enactment of this ,act1 the      
,president shall establish an ,energy   
,security ,pacts ,council 7in this      
section referred to as the ,council7 to 
coordinate and implement ,energy        
,security ,pacts4  7b7 ,chairperson ,the
 ,council shall be chaired by the       
,secretary4  7c7 ,composition ,the      
,council shall be composed of principal 
officers of executive departments from  
the following3 7#a7 ,the ,united ,states
 ,international ,development ,finance   
,corporation4  7#b7 ,the ,department of 
,energy4  7#c7 ,the ,united ,states     
,trade and ,development ,agency4  7#d7  
,the ,export-,import ,bank of the       
,united ,states4  7#e7 ,the ,department 
of ,commerce4  7#f7 ,the ,united ,states

 ,trade ,representative4  7#g7 ,the     
,department of ,defense4  7#h7 ,the     
,department of ,state4  7#i7 ,the       
,department of the ,treasury4  7#aj7    
,the ,millennium ,challenge             
,corporation4  7#aa7 ,the ,department of
 the ,interior4  7#ab7 ,any other       
,federal department1 agency1 or         
organization that the ,president        
determines to be appropriate4  7d7      
,vacancies ,when there is a vacancy in  
the office of a principal officer of an 
executive department1 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          
appointed4  7e7 ,delegation ,the        
principal officer of an executive       
department may delegate a senior        
official 7as described in section #a7;d7
 of the ,state ,department ,basic       
,authorities ,act of #aief 7#bb         
,u4,s4,c4 #bfea;a7d77 or following other
 relevant agency guidance7 to serve on  

the ,council1 as appropriate4  7f7      
,meetings ,the ,council shall meet not  
less frequently than quarterly4  7g7    
,duties ,the ,council shall-- 7#a7      
coordinate ,energy ,security            
,pact-related activities of the council 
agencies2  7#b7 make annual             
recommendations to the ,director for    
,energy ,security ,pacts1 taking into   
account the stated priorities of the    
,national ,security ,council and the    
,president1 regarding the prioritization
 of countries eligible for ,energy      
,security ,pact negotiation2 and  7#c7  
make recommendations to improve         
interagency collaboration for purposes  
of promoting energy security and ,united
 ,states national security interests    
abroad4  7h7 ,sunshine ,act compliance  
,meetings of the ,council are subject to
 section #eeb;b of title #e1 ,united    
,states ,code 7commonly referred to as  
the ,government in the ,sunshine ,act74 
#g4 ,evaluation by ,government          
,accountability ,office ,not later than 

#b years after the date of the enactment
 of this ,act1 and annually thereafter  
until the final ,energy ,security ,pact 
expires1 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 ,pact4