Responding to the Energy Security Crisis in Ukraine and Europe (RESCUE) Act of 2023

working to ban all imports of Russian energy resources to the United States;

increasing the access of European partners and allies to immediate energy resources necessitated by the Russian Federation’s invasion of Ukraine and the resulting global energy crisis;

supporting Europe’s development and deployment of emerging and advanced energy technologies to ensure countries’ energy security and diversification away from Russian-controlled energy resources;

recognizing that the severity and cost of Russia’s damage to Ukraine’s energy infrastructure is dynamic and continues to worsen, as explained in the World Bank’s second Ukraine Rapid Damage and Needs Assessment for February 2022-February 2023, which estimates that—

supporting Ukraine’s efforts to rebuild and modernize its energy infrastructure, according to internationally accepted standards of transparency and good governance, including promoting long-term energy independence from Russia with reliable energy resources in line with the Government of Ukraine’s efforts to integrate with the energy markets and principles of Europe;

supporting Ukraine’s prospective membership in and integration with the European Union (EU), including through alignment with policies like the EU’s 20/20/20 objectives and through the synchronization and commercial integration of the Ukrainian, Moldovan, and Baltic electric power systems with the central European power system, operated by the member of the European Network of Transmission System Operators for Electricity (ENTSO–E);

utilizing the Development Finance Corporation, which has unique capabilities to help finance, convene other countries’ development finance institutions, and mobilize private finance in support of efforts to restore and reconstruction Ukraine’s energy sector and improve European energy security;

condemning attacks and any other efforts by Russian Federation forces, Russian Federation officials, or its proxies to cut off Ukrainian electricity generation units or portions of the Ukrainian electrical grid and annex these assets into the Russian electrical grid system;

condemning all efforts by the Russian Federation, its proxies, or other malign actors to interfere with Ukraine’s power networks, electricity transmission, and electricity generation units, including theft, destruction, or acts of sabotage of infrastructure;

providing technical assistance to Ukraine, Moldova, and European allies and partners of the United States to build resilience and incident response and recovery capacities against cyberattacks on energy infrastructure;

supporting Ukrainian efforts to meet European and industry standards on corporate governance, transparency in contracting and procurement, and independence from political pressure;

working with the International Atomic Energy Agency (IAEA) to implement needed safety and security requirements;

providing support to Eastern and Central European countries whose energy import, storage, and generation capacity was negatively affected by the Russian Federation’s invasion of Ukraine, and improving the resilience and safety of nuclear energy infrastructure in the region, including at Ukrainian nuclear facilities;

cooperating on activities to support Eastern and Central European countries affected by Russian Federation forces’ invasion of Ukraine, in keeping with the European Commission’s plan “to make Europe independent from Russian fossil fuels well before 2030”, including via measures “to respond to rising energy prices” and efforts to “replenish gas stocks for next winter”; and

encouraging United States private sector investment and public-private partnerships in the Three Seas Initiative to facilitate resilient development of European energy, transport, and digital sectors.

In general— The Secretary of State, in coordination with the heads of relevant Federal departments and agencies, as defined in section 11, shall conduct activities to increase Ukrainian access to energy resources to meet immediate needs, reconstruct energy infrastructure damaged by the Russian Federation forces’ attacks, and modernize and reconstruct Ukraine’s energy sector overall in accordance with international standards of efficiency, transparency, and good governance. These efforts to assist the modernization of Ukraine’s energy sector should begin immediately, where possible.

Purposes— The Secretary of State, in consultation with the Administrator of the United States Agency for International Development and heads of other relevant Federal departments and agencies, shall provide assistance to the Government of Ukraine for the acquisition of energy resources and equipment to meet critical needs and prevent power disruption resulting from attacks, malevolent acts, or other actions perpetrated by the Russian Federation or its proxies.

Notification— Congress shall be notified of any provision of assistance over $500,000 provided under subsection (b) not less than 14 days prior to the date of intended obligation of funds.

Certification requirement— Of the funds authorized to be appropriated under section 10, not more than half shall be made available until the Secretary submits a certification to the relevant congressional committees that—

Establishment— The Secretary of State, in coordination with the heads of the relevant Federal departments and agencies, shall implement and conduct activities to reduce the reliance of qualified Central, Eastern, and Southeastern European countries on energy resources controlled or exported by Russia and diversify energy resources, supplies, and routes by—

Country prioritization and exceptions— The Secretary of State, in consultation with the heads of relevant Federal departments and agencies, shall prioritize the provision of support, including financial support to qualified Central, Eastern, and Southeastern European countries that are determined to be vulnerable to Russian coercive energy practices.

Partnerships— The Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, may carry out the activities established under subsection (a), including pursuing blended finance opportunities and joint investment projects with other appropriate development finance institutions of other countries.

Authority To enter into arrangements— In carrying out the activities established under subsection (a), the Secretary of State, in coordination with the heads of the relevant Federal departments and agencies, may enter into one or more arrangements directly with qualified Central and Eastern European countries and third parties under such terms and conditions as the Secretary of State determines appropriate.

Reports— Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary of State shall submit to the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate and the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives a report that—

Technical assistance and consultation— The Administrator of the United States Agency for International Development, under the direction of the Secretary of State and in coordination with heads of relevant Federal agencies as described in this section, shall—

Use of transfer authorities— The Secretary of Energy shall take full advantage of transfer authorities to allow for maximum flexibility in utilizing expertise and resources within the Department’s Offices of Electricity and Cybersecurity, Energy Security, and Emergency Response.

Concurrence for activities related to activities for responding to the situation in Ukraine— The Secretary of Energy shall only act with the concurrence of the Secretary and the Administrator when executing activities pursuant to title IV of the Ukraine Supplemental Appropriations Act, 2022 (division N of Public Law 117–103; 136 Stat. 780) and when appropriate transfer amounts to the Department of State and the United States Agency for International Development to carry out such activities.

Sense of Congress— It is the Sense of Congress that the European Union should work expeditiously to support the synchronization of the Baltic States’ grid with ENTSO–E.

In general— The Secretary of State, in consultation with the heads of the relevant Federal departments and agencies, shall support new and existing initiatives, as appropriate, to provide technical assistance and expertise on electrical grids, energy efficiency, and energy storage integration into pre-existing and new power facilities improvements in qualified Central and Eastern European countries for purposes such as—

Consultation— In carrying out subsection (a), the Secretary of State, in consultation with the heads of the relevant Federal departments and agencies, and with the cooperation of the governments of qualified Central and Eastern European countries and, as appropriate, regional authorities in Central and Eastern European countries, shall coordinate with international financial institutions and regional economic communities, cooperatives, and the private sector.

Sense of Congress— It is the sense of Congress that Russia’s invasion of Ukraine has and will continue to contribute to significant environmental damage, some of which will be irreparable, and will threaten the health and lives of people living in Ukraine for many years to come. This damage includes—

Establishment— The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the heads of other relevant Federal agencies, shall leverage institutional expertise to aid the Government of Ukraine in—

Purposes— Funds authorized for this section under section 10 shall be used for activities of the Secretary of State, in consultation, as appropriate, with the United States Agency for International Development, to support the initial planning for rebuilding sustainable, inclusive, and resilient cities in Ukraine through—

Notification— Congress shall be notified of any provision of assistance over $500,000 provided under subsection (c) of this section not less than 14 days prior to the date of intended obligation of funds.

Purpose— To ensure the safety and security of Ukraine’s nuclear power plants (NPPs), including the Zaporizhzhya Nuclear Power Plant (ZNPP) in southern Ukraine, and the communities proximate to Ukraine’s 4 NPPs, prevent Russia’s theft or sabotage of resources, technology, and energy produced by the NPPs, and facilitate the continued service of the NPPs to the Ukrainian power grid, the Secretary of State, in coordination with the Secretary of Energy, shall—

Oversight by Inspectors General— The Inspector General of the Department of State and the Inspector General of the United States Agency for International Development, through or in coordination with the Ukraine Oversight Interagency Working Group and any other relevant Inspectors General, shall conduct oversight of the activities authorized by this Act to ensure independent and effective oversight of such programs and operations through joint or individual audits, inspections, investigations, and evaluations, as appropriate.

Reports— Not later than one year after the date of the enactment of this Act, and semiannually thereafter for 3 years, the Inspectors General described in subsection (a) shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report describing the oversight activities conducted regarding the programs and assistance authorized by this Act. The report may be submitted as part of a report by the Ukraine Oversight Interagency Working Group, in conjunction with other reports related to Ukraine oversight.

$1,100,000,000 shall be authorized for activities under section 3; and

$500,000,000 shall be authorized for activities under section 4.

Qualified Central, Eastern, and Southeastern European partners— The term qualified Central, Eastern, and Southeastern European partners means European countries that are eligible for project support pursuant to the European Energy Security and Diversification Act of 2019 (title XX of division P of Public Law 116–94). This definition shall not be construed as imposing new requirements or restrictions pursuant to the Better Utilization of Investments Leading to Development Act of 2018 (division F of Public Law 115–254) on Federal agencies.

Relevant Federal departments and agencies— The term relevant Federal departments and agencies means—