II 118th CONGRESS 1st Session S. 458 IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Manchin (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a program to reduce the reliance of allied and partner nations on natural gas, petroleum, nuclear fuel, and minerals produced in Russia, and for other purposes.

1. Short title This Act may be cited as the North American Transatlantic Resource Security Partnership Act of 2023 . 2. Definition of Secretaries In this Act, the term Secretaries means the Secretary of Energy and the Secretary of the Interior. 3. Program to reduce reliance on Russian energy (a) Definition of ally or partner nation In this section, the term ally or partner nation means the Government of each of the following: (1) Australia. (2) Finland. (3) Japan. (4) The Republic of Korea. (5) Sweden. (6) Switzerland. (7) Ukraine. (8) Kosovo. (9) Moldova. (10) A country with a transmission system operator that is included in the European Network of Transmission System Operators for Electricity. (11) A member of the North Atlantic Treaty Organization. (12) Any other country designated as an ally or partner nation by the Secretaries for purposes of this Act. (b) Establishment The Secretaries shall establish a joint program (referred to in this section as the program ) to reduce the reliance of ally or partner nations on natural gas, petroleum (including crude oil and petroleum products), coal, minerals, nuclear fuel, isotopes, and other energy-related and mineral-related technologies and commodities produced in Russia by— (1) developing or manufacturing relevant resources, materials, or equipment domestically; (2) providing those resources, materials, and equipment to an ally or partner nation under such terms and conditions as the Secretaries determine appropriate; (3) issuing loans, loan guarantees, other financial assistance, or assistance in the form of an equity interest to carry out the activities described in paragraphs (1) and (2); and (4) providing relevant technical assistance to an ally or partner nation. (c) Priority In carrying out the program, the Secretaries shall give priority to activities and projects that— (1) are located in the United States; or (2) are located in or benefit countries that had an annual per capita gross domestic product of not more than $28,000 in 2020. (d) Partnerships The Secretaries may partner with other Federal agencies to carry out the program. (e) Authority To enter into agreements In carrying out the program, the Secretaries may enter into 1 or more agreements directly with an ally or partner nation or a third party under such terms and conditions as the Secretaries determine appropriate. (f) Domestic sourcing considerations (1) In general Except as provided in paragraph (2), to the extent practicable, the Secretaries may only carry out an activity described in paragraphs (1) through (4) of subsection (b) if the activity— (A) relies on resources, materials, or equipment that are developed or produced in the United States; and (B) promotes— (i) the energy and national security of the United States or ally or partner nations; or (ii) manufacturing in the United States. (2) Exception Paragraph (1) shall not apply with respect to an activity described in paragraphs (1) through (4) of subsection (b) if the Secretary of Energy certifies that such an activity cannot reasonably satisfy clause (i) or (ii) of paragraph (1)(B). (g) Reports Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretaries shall submit to the Committee on Energy and Natural Resources and the Committee on Foreign Relations of the Senate and the Committee on Energy and Commerce and the Committee on Foreign Affairs of the House of Representatives a report that— (1) identifies any resources, materials, or equipment developed under subsection (b)(1); and (2) analyzes how the program benefits domestic resource suppliers and manufacturers. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretaries to carry out this section $500,000,000 for fiscal year 2024, to remain available until September 30, 2026. (2) Nord Stream 2 pipeline discontinuation (A) Authorization of appropriations In addition to the amount authorized to be appropriated under paragraph (1), there is authorized to be appropriated to the Secretaries to carry out this section $500,000,000 for fiscal year 2024, to remain available until September 30, 2026. (B) Conditions Amounts appropriated pursuant to subparagraph (A) may only be expended if the Secretary of Energy certifies to Congress that the planning, construction, and operation of the Nord Stream 2 pipeline has been permanently discontinued, including as a result of United States sanctions imposed on any person or entity responsible for such planning, construction, or operation. 4. Domestic energy and mineral security evaluation (a) Report on domestic energy and mineral security Not later than 1 year after the date of enactment of this Act, the Secretaries shall develop and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that evaluates the energy and mineral security of the United States, including— (1) identification of any threats posed to the supply, transmission, distribution, or use of energy in the United States; (2) identification of any threats posed to the supply, processing, refining, and distribution of minerals in the United States; (3) the potential impact of the threats described in paragraphs (1) and (2) on— (A) the economy of the United States; (B) consumers and well-functioning and competitive energy and mineral markets in the United States; and (C) the national security of the United States; and (4) identification of means to strengthen domestic production while standardizing a system to support projects with ally or partner nations to establish resilient and responsible energy and mineral supply chains. (b) Consultation In developing the report under subsection (a), the Secretaries may consult with relevant Federal, State, private sector, and other entities, as the Secretaries determine appropriate. 5. Energy and related infrastructure supply chain reliability assurance program (a) In general The Secretaries shall establish a supply chain reliability assurance program (referred to in this section as the program ), under which the Secretaries shall— (1) prioritize, to the maximum extent practicable, domestic activities that ensure the establishment of secure supply chains, including energy production, mining, mineral processing, and manufacturing; (2) facilitate collaboration with Federal agencies, industrial partners, Mexico, and Canada to establish, grow, and maintain a reliable domestic supplier base of critical energy materials and technologies by establishing government-to-government partnerships and public-private partnerships— (A) to procure materials (as defined in section 2(b) of the National Materials and Minerals Policy, Research and Development Act of 1980 ( 30 U.S.C. 1601(b) )) to meet the engineering and performance requirements of the Department of Energy (referred to in this section as the Department ) and private and public entities; and (B) that may relate to— (i) high-performance computing; (ii) carbon capture materials; (iii) the electric grid, including transformers and high voltage direct current; (iv) energy storage; (v) hydropower and pumped storage hydropower; (vi) nuclear energy; (vii) catalysts; (viii) semiconductors; (ix) solar photovoltaics; (x) wind; (xi) isotopes; (xii) oil and gas; (xiii) advanced materials; and (xiv) geothermal electrical and thermal power storage; (3) improve coordination with Mexico and Canada to improve planning for material requirements and potential disruptions to commercial or contractor supply chains of materials crucial to energy and related technologies, including by— (A) assisting in coordination for forecasting future needs in existing and emerging energy and related technologies and new procurements; and (B) establishing clear requirements to increase raw material availability, expand manufacturing capabilities, support the formation of diverse, secure, and socially responsible foreign supply chains, and improve supply chain knowledge and decision-making for energy and related technologies; (4) collaborate with Federal agencies, industrial partners, and international partners to establish processes to mitigate manufacturing challenges for energy infrastructure and other energy-related products and to develop strategies to lower the long-term costs of energy materials and technology while identifying and preserving— (A) the production of materials and components required for advanced energy technologies and products, including natural gas, hydrogen, pipelines, and transmission, renewables, advanced nuclear, advanced energy materials, and commercial-scale energy storage by the Department; and (B) energy and related infrastructure; and (5) plan for— (A) the sustainment of the supply of recycled materials for energy and related technologies; and (B) required infrastructure to recycle materials for energy and related technologies. (b) Financial assistance The Secretaries may provide loans, loan guarantees, other financial assistance, and assistance in the form of an equity interest to carry out the activities under the program. (c) Funding There is authorized to be appropriated to the Secretaries to carry out this section $200,000,000 for the period of fiscal years 2024 through 2028. 6. North American energy security cooperation (a) Covered energy source defined In this section, the term covered energy source means any of the following: (1) Solar energy. (2) Biomass energy. (3) Energy efficiency technology. (4) Wind energy. (5) Geothermal energy. (6) Wave and tidal energy. (7) Advanced battery technology. (8) Hydrogen technology. (9) Nuclear energy. (10) Carbon capture, utilization, and storage technology. (11) Natural gas energy, including conventional and unconventional natural gas technologies and other associated technologies, and natural gas projects. (12) Water technologies, including water desalination, wastewater treatment and reclamation, and other water treatment refining. (13) Petroleum, petroleum derivatives, and petroleum products. (14) Critical materials (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) )) necessary for use of any of the energy sources described in paragraphs (1) through (13). (b) Sense of Congress on United States-Mexico-Canada Cooperation Agreement It is the sense of Congress that— (1) it is in the highest economic and national security interests of the United States to develop covered energy sources in the United States; (2) the states of Mexico and provinces of Canada are steadfast allies of the United States and have the capacity to produce energy and mineral resources that contribute to economic and national security; (3) enhanced cooperation between the United States, Mexico, and Canada for the purpose of research and development of covered energy sources would be in the national interests of all 3 countries; (4) energy cooperation between the United States, Mexico, and Canada and the development of natural resources by all 3 countries are in the strategic interests of the United States; (5) the United States can play a role in assisting Mexico and Canada with regional safety and security issues; (6) the Secretaries, as appropriate and in consultation with the National Science Foundation, should collaborate with Mexico and Canada with respect to research, development, and deployment of covered energy sources; (7) the United States, Mexico, and Canada should strive to develop more robust academic cooperation with respect to— (A) energy innovation technology and engineering; (B) water science; (C) technology transfer; and (D) analysis of— (i) emerging geopolitical dynamics, threats, and crises from acquisitions of natural resources and energy supplies by foreign countries; and (ii) the development of domestic resources as a response to those threats; and (8) the United States strongly urges open dialogue and continued mechanisms for regular engagement and encourages further cooperation between applicable departments, agencies, ministries, institutions of higher education, and the private sector of the United States, Mexico, and Canada on energy security issues, including with respect to— (A) identifying policy priorities associated with the development of natural resources of Mexico and Canada; (B) discussing and sharing best practices with respect to securing cyber energy infrastructure and other energy security matters; (C) leveraging natural gas to positively impact regional stability; (D) issues relating to the energy-water nexus, including improving energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, water treatment in gas and oil production processes, and other water treatment refiners; (E) technical and environmental management of deep-water exploration and production; (F) emergency response and coastal protection and restoration; (G) academic outreach and engagement; (H) private sector and business development; (I) regulatory consultations; (J) leveraging alternative transportation fuels and technologies; and (K) any other areas determined appropriate by the governments of the United States, Mexico, and Canada. (c) Program To promote North American energy cooperation (1) In general The Secretaries, in consultation with the Secretary of State, the Secretary of Commerce, and the heads of other relevant agencies, shall carry out a program to promote cooperation on energy issues with the governments of Mexico and Canada. (2) Activities Under the program required by paragraph (1), the Secretaries shall coordinate with the governments of Mexico and Canada— (A) to increase the production of energy supplies; (B) to improve energy efficiency; (C) to assist in the development and transfer of energy supply and efficiency technologies that would have a beneficial impact on world energy markets; (D) to align energy-related regulations to reduce the burden on energy companies conducting trans-border activities and to align regulations and standards in the appropriate sectors; (E) to streamline the United States presidential permitting process to ensure that requirements are consistently implemented by having a fair and reliable process for obtaining presidential permits for trans-border energy infrastructure projects; (F) to implement processes for cross-border movement of equipment and workers to avoid delays in business and trade transactions; and (G) to involve States of the United States, states of Mexico, and provinces of Canada in efforts to advance North American energy integration. (3) Loans and loan guarantees (A) Establishment In implementing cooperative agreements with the governments of Mexico and Canada entered into under this subsection, the Secretary of Energy shall establish a program under which the Secretary may provide loans and loan guarantees to support projects relating to the research, development, and commercialization of covered energy sources. (B) Eligible projects A project is eligible for a loan or loan guarantee under subparagraph (A) if the project— (i) addresses a requirement relating to improvement of covered energy sources, as determined by the Secretary of Energy; and (ii) is a joint venture between— (I) (aa) a for-profit business entity, institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )), National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )), or nonprofit entity in the United States; and (bb) a for-profit business entity, institution of higher education, or nonprofit entity in Mexico or Canada; or (II) 2 or more of the following: (aa) The United States Government. (bb) The Government of Mexico. (cc) The Government of Canada. (C) Applications (i) In general An entity seeking a loan or loan guarantee under subparagraph (A) shall submit to the Secretary of Energy an application for the loan or loan guarantee in accordance with procedures established by the Secretary, in consultation with the advisory board established under subparagraph (D). (ii) Loan guarantees The Secretary of Energy shall require any entity seeking a loan guarantee to pay all credit subsidy costs associated with the loan guarantee. (D) Advisory board (i) Establishment The Secretary of Energy shall establish an advisory board— (I) to monitor the method by which loans and loan guarantees are awarded under subparagraph (A); and (II) to provide to the Secretary of Energy periodic performance reviews of actions taken to carry out this paragraph. (ii) Composition The advisory board established under clause (i) shall be composed of 3 members, to be appointed by the Secretary of Energy, of whom— (I) 1 shall be a representative of the United States Government; (II) 1 shall be selected from a list of nominees provided by the Government of Mexico; and (III) 1 shall be selected from a list of nominees provided by the Government of Canada. (E) Contributed funds Notwithstanding section 3302 of title 31, United States Code, the Secretary of Energy may accept, retain, and use funds contributed by any person, government entity, or organization for purposes of carrying out this paragraph— (i) without further appropriation; and (ii) without fiscal year limitation. (F) Report Not later than 180 days after the date of completion of a project for which a loan or loan guarantee is provided under subparagraph (A), the recipient of the loan or loan guarantee shall submit to the Secretary of Energy a report that contains— (i) a description of how the recipient used the loan or loan guarantee; and (ii) an evaluation of the level of success of the project for which a loan or loan guarantee was provided. (d) International partnerships (1) In general The Secretary of Energy may enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between the Department of Energy, including the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )), and the government of Mexico or Canada. (2) Federal share The Secretary of Energy may not pay more than 50 percent of the costs of implementing cooperative agreements entered into pursuant to paragraph (1). (3) Annual reports If the Secretary of Energy enters into agreements authorized by paragraph (1), the Secretary shall, not less frequently than annually, submit to the committees specified in paragraph (4) a report that describes, for the year preceding submission of the report— (A) actions taken to implement such agreements; and (B) any projects undertaken pursuant to such agreements. (4) Committees specified The committees specified in this paragraph are— (A) the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (e) United States-Mexico-Canada Energy Center (1) In general The Secretary of Energy shall seek to establish, jointly with the governments of Mexico and Canada, a United States-Mexico-Canada Energy Center (in this subsection referred to as the Center ) located in the United States. (2) Purpose The purpose of the Center shall be to further dialogue and collaboration between the United States, Mexico, and Canada to develop more robust academic cooperation with respect to— (A) energy innovation technology and engineering, water science, and technology transfer; (B) analysis of emerging geopolitical dynamics, threats, and crises from acquisitions by foreign governments of natural resources and energy supplies; and (C) the development of domestic resources as a response to those implications, crises, and threats. (3) Use of experience and knowledge In establishing the Center, the Secretary of Energy shall seek to leverage the experience, knowledge, and expertise of institutions of higher education and entities in the private sector, among others, with respect to offshore energy development. 7. Strategic energy financing (a) Strategic energy and minerals portfolio at United States International Development Finance Corporation Title V of the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9671 et seq. ) is amended by adding at the end the following: 1455. Strategic energy and minerals portfolio The Corporation— (1) may provide support under title II for projects related to any type of energy, including fossil fuels, renewables (including hydropower), and nuclear energy, or the production, processing, manufacturing, or recycling of critical minerals (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) )); and (2) may not prohibit, restrict, or otherwise impede the provision of support on the basis of the type of energy involved in a project. . (b) Promotion of energy and minerals exports by Export-Import Bank of the United States (1) Strategic energy and minerals portfolio The Export-Import Bank Act of 1945 ( 12 U.S.C. 635 et seq. ) is amended by adding at the end the following: 16. Strategic energy and minerals portfolio (a) In general The Bank shall establish a strategic energy and minerals portfolio focused on providing financing (including loans, loan guarantees, and insurance) for civil nuclear energy infrastructure projects (subject to subsection (c)), natural gas infrastructure projects, and critical minerals projects (including production, processing, manufacturing, or recycling), that may facilitate— (1) increases in exports of United States energy commodities, such as regasification terminals; (2) the export of United States equipment, materials, and technology; or (3) the strategic diversification of supply chains critical to the United States economy. (b) Maximum exposure cap for strategic energy portfolio (1) In general The aggregate amount of loans, guarantees, and insurance under subsection (a) the Bank has outstanding at any one time may not exceed $50,000,000,000. (2) Treatment of defaults A default on financing provided under subsection (a) shall not— (A) be included in the default rate calculated by the Bank under section 8(g)(1); or (B) count for purposes of the freeze on lending provided for under section 6(a)(3). (c) Limitation The Bank may provide financing for civil nuclear energy infrastructure projects only in countries with which the United States has in effect a nuclear cooperation agreement under section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ). (d) Rule of construction Nothing in this section may be construed to lessen the obligation of the Bank to conduct rigorous due diligence and mitigate risks with respect to transactions or projects for which the Bank provides financing under this section. (e) Critical mineral defined In this section, the term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). . (2) Promotion of energy exports Section 2(b)(1)(C) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(1)(C) ) is amended by striking nonnuclear renewable and inserting all . (3) Modification of limitation on financing for nuclear energy exports Section 2(b)(5) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(5) ) is amended by striking any liquid metal fast breeder nuclear reactor or any nuclear fuel reprocessing facility and inserting any nuclear material, equipment, or technology not provided for under a nuclear cooperation agreement in effect under section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ) . (4) Extension of Export-Import Bank (A) Aggregate loan, guarantee, and insurance authority Section 6(a) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635e(a) ) is amended— (i) in paragraph (2), by striking 2020 through 2027, means $135,000,000,000 and inserting 2024 through 2033, means $200,000,000,000 ; and (ii) in paragraph (3), by striking If and inserting Except as provided in section 16(b)(2), if . (B) Termination Section 7 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635f ) is amended by striking 2026 and inserting 2033 .