[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4392 Reported in Senate (RS)]
<DOC>
Calendar No. 508
119th CONGRESS
2d Session
S. 4392
To promote United States and allied energy and mineral security, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2026
Mr. Coons (for himself, Mr. Ricketts, Mr. Hickenlooper, and Mr. Curtis)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
July 27, 2026
Reported by Mr. Risch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To promote United States and allied energy and mineral security, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Energy Security Pacts
Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations,
the Committee on Finance, and the Committee on
Appropriations of the Senate; and</DELETED>
<DELETED> (B) the Committee on Foreign Affairs, the
Committee on Ways and Means, and the Committee on
Appropriations of the House of
Representatives.</DELETED>
<DELETED> (2) Council agency.--The term ``council agency''
means a department, agency, or organization described in
section 6(c).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Director for energy security pacts.--The term
``Director for Energy Security Pacts'' means the Director for
Energy Security Pacts described in section 4.</DELETED>
<DELETED> (5) Energy security pact.--The term ``Energy
Security Pact'' means an Energy Security Pact described in
section 3.</DELETED>
<DELETED> (6) Energy security pacts council.--The term
``Energy Security Pacts Council'' means the Energy Security
Pacts Council established under section 6.</DELETED>
<DELETED> (7) Partner country.--The term ``partner country''
means a country eligible for participation in an Energy
Security Pact.</DELETED>
<DELETED> (8) Secretary.--The term ``Secretary'' means the
Secretary of State.</DELETED>
<DELETED> (9) Under secretary.--The term ``Under Secretary''
means the Under Secretary of State for Economic Growth, Energy,
and the Environment.</DELETED>
<DELETED>SEC. 3. AUTHORITY AND FUNDING FOR ENERGY SECURITY
PACTS.</DELETED>
<DELETED> (a) In General.--The Secretary may establish multiyear
agreements (to be known as ``Energy Security Pacts'') 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 countries, including through efforts
to counter economic coercion through the diversification of critical
mineral and energy supply chains.</DELETED>
<DELETED> (b) Funding.--</DELETED>
<DELETED> (1) Availability of amounts.--The Secretary may
make available, from amounts authorized to be appropriated for
fiscal year 2026 or any subsequent fiscal year under the
heading ``National Security Investment Programs'' in Acts
making appropriations for the Department of State, foreign
operations, and related programs (including amounts authorized
to be appropriated to the Economic Resilience Initiative),
amounts for the purpose of establishing and implementing Energy
Security Pacts.</DELETED>
<DELETED> (2) Transfers.--Funds authorized to be made
available pursuant to paragraph (1) may be transferred to, and
merged with, funds appropriated for fiscal year 2026 or any
subsequent fiscal year under the headings ``United States 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'' to carry out the purpose
described in paragraph (1).</DELETED>
<DELETED> (3) Consultation and notification.--The transfer
authority provided by this subsection is--</DELETED>
<DELETED> (A) in addition to any other transfer
authority provided by law; and</DELETED>
<DELETED> (B) subject to--</DELETED>
<DELETED> (i) prior consultation with--
</DELETED>
<DELETED> (I) the Committee on
Appropriations and the Committee on
Foreign Relations of the Senate;
and</DELETED>
<DELETED> (II) the Committee on
Appropriations and the Committee on
Foreign Affairs of the House of
Representatives; and</DELETED>
<DELETED> (ii) the regular notification
procedures of such committees.</DELETED>
<DELETED> (c) Assistance for the Development and Implementation of
Pacts.--The Director for Energy Security Pacts may--</DELETED>
<DELETED> (1) enter into contracts for required technical
support related to Energy Security Pacts;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) lead Country Pact Teams, in accordance with
section 4(c), to carry out the implementation of Energy
Security Pacts.</DELETED>
<DELETED> (d) Limitations.--</DELETED>
<DELETED> (1) Prohibition on military assistance and
training.--Assistance under this section may not include
military assistance or military training for a
country.</DELETED>
<DELETED> (2) 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 production.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) 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 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.</DELETED>
<DELETED> (5) 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 grant, contract, loan, 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.</DELETED>
<DELETED> (6) Other prohibition.--Assistance under this
section may not be used in any manner otherwise prohibited by
any provision of law.</DELETED>
<DELETED>SEC. 4. OFFICE OF ENERGY SECURITY PACTS.</DELETED>
<DELETED> (a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall establish an Office
of Energy Security Pacts, which shall perform such functions related to
the administration, coordination, and implementation of Energy Security
Pacts as the Under Secretary may prescribe.</DELETED>
<DELETED> (b) Director for Energy Security Pacts.--</DELETED>
<DELETED> (1) In general.--The Office of Energy Security
shall be led by a Director for Energy Security Pacts, who shall
be--</DELETED>
<DELETED> (A) appointed by the Secretary;
and</DELETED>
<DELETED> (B) responsible--</DELETED>
<DELETED> (i) to the Under Secretary for all
matters pertaining to the administration and
implementation of Energy Security Pacts;
and</DELETED>
<DELETED> (ii) for such other related duties
as the Secretary may from time to time
designate.</DELETED>
<DELETED> (2) Responsibilities.--In addition to the
responsibilities described in paragraph (1), 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 Council, including for all matters pertaining to the
following:</DELETED>
<DELETED> (A) Drafting the contribution of the
Secretary to the strategy required by section 7030(d)
of the Further Consolidated Appropriations Act, 2024
(Public Law 118-47; 138 Stat. 782).</DELETED>
<DELETED> (B) Leading the development, negotiation,
and management of all Energy Security Pacts.</DELETED>
<DELETED> (C) Consulting and coordinating with
council agencies to develop prospective Energy Security
Pacts and implement ongoing Energy Security Pacts, as
appropriate.</DELETED>
<DELETED> (D) Serving as the recipient for--
</DELETED>
<DELETED> (i) solicited proposals under
Energy Security Pacts; and</DELETED>
<DELETED> (ii) unsolicited proposals for
projects to be considered for inclusion in any
Energy Security Pact by national, regional, and
local governments and private
corporations.</DELETED>
<DELETED> (E) Signing joint agency agreements on
behalf of the Department of State, transferring or
receiving appropriated funds from any department,
agency, or independent establishment 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, including for use as a credit
subsidy to provide loans.</DELETED>
<DELETED> (F) 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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the current status of activities
authorized under this Act;</DELETED>
<DELETED> (B) any obstacles to the implementation of
such activities; and</DELETED>
<DELETED> (C) any updates to the multiyear financial
plan developed pursuant to section 5(d)(G).</DELETED>
<DELETED> (c) Country Pact Teams.--</DELETED>
<DELETED> (1) In general.--The Secretary, in consultation
with the Under Secretary and relevant Federal departments and
agencies, shall designate a Country Pact Team for each Energy
Security Pact.</DELETED>
<DELETED> (2) Leadership; duties.--Each Country Pact Team
shall--</DELETED>
<DELETED> (A) be led by the Director for Energy
Security Pacts, who shall regularly engage with the
Energy Security Pacts Council on matters related to the
Energy Security Pact; and</DELETED>
<DELETED> (B) manage the day-to-day activities
related to the development, negotiation,
implementation, and monitoring of the Pact.</DELETED>
<DELETED> (d) Personnel.--</DELETED>
<DELETED> (1) In general.--The Under Secretary or the Under
Secretary's designee may--</DELETED>
<DELETED> (A) detail staff 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;</DELETED>
<DELETED> (B) request from the heads of council
agencies the detail of personnel to the Office 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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Detailed employees.--Any employee detailed
pursuant to a request made under paragraph (1)(B) 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.</DELETED>
<DELETED> (e) Termination.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Office; director; council.--The Office of
Energy Security Pacts, the position of Director for Energy
Security Pacts, and the Energy Security Pacts Council shall
terminate after the final Energy Security Pact
expires.</DELETED>
<DELETED> (f) 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 in the Office of Energy Security Pacts,
including career promotion tracks to supervisory and non-supervisory
GS-15 positions.</DELETED>
<DELETED>SEC. 5. APPROVAL, ELIGIBILITY, AND ELEMENTS OF ENERGY SECURITY
PACTS.</DELETED>
<DELETED> (a) Goal.--It shall be the goal of each Energy Security
Pact to increase reliable access to energy or electricity, including
that needed for production of critical minerals, for the United States
and the partner country to the Energy Security Pact, for the purpose of
stimulating economic growth, enabling follow-on private sector
investment, supporting the commercial competitiveness of United States
companies, or diversifying relevant supply chains.</DELETED>
<DELETED> (b) Initial Requirements.--</DELETED>
<DELETED> (1) Recommendation; analysis.--Before entering
into an Energy Security Pact--</DELETED>
<DELETED> (A) the Pact shall be recommended by the
Director for Energy Security Pacts and the Under
Secretary and approved by the Secretary; and</DELETED>
<DELETED> (B) the Director for Energy Security
Pacts, in collaboration with the Energy Secur