(a) Short title
This Act may be cited as the Developing Overseas Mineral Investments and New Allied Networks for Critical Energies Act or the DOMINANCE Act.
(b) Table of contents
The table of contents for this Act is as follows:
(a) Findings
It is the sense of Congress that—
(1) the United States is heavily dependent on the People’s Republic of China for the production, processing, and refinement of many key critical minerals and materials;
(2) the Government of the People’s Republic of China has weaponized its dominance of critical mineral production and has intentionally created overcapacity and sold products at below-market rates in order to gain market share and move up the value chain;
(3) it is in the economic and national security interests of the United States to prevent further inroads by strategic competitors into key sectors such as energy infrastructure, critical and rare earth minerals, and other supply chains essential to United States industrial capacity and strategic security;
(4) a reliable, resilient, and diversified supply chain for energy and critical minerals is essential to meet the defense, manufacturing, technological, and energy needs of the United States;
(5) energy security is a fundamental component of United States national security, economic stability, and foreign policy strategy;
(6) the United States must utilize available trade enforcement mechanisms, as well as other appropriate policy tools, to counter coercive economic practices by strategic competitors and complement the growth of a robust domestic critical minerals industry;
(7) United States strategic interests are best served by reducing reliance on adversarial nations for energy and critical minerals, ensuring reliable and affordable electricity for industrial and strategic supply chains, expanding commercial opportunities for United States energy technologies, and securing diversified and reliable access to critical minerals for the United States and allied economies; and
(8) Government financing, development, and diplomatic tools should all be deployed in a manner that maximizes the mobilization of private capital, strengthens cooperation with allies and partners, and advances the statutory objectives of United States foreign policy, economic development, and national security—thereby making the United States safer, stronger, and more prosperous.
(b) Purpose
The purpose of this Act is to—
(1) reduce the dependence of the United States and partner countries on strategic competitors for energy, critical minerals, and related technologies;
(2) support economic growth and energy-sector modernization in partner countries through responsible and transparent development of domestic energy and mineral resources;
(3) advance United States national security and foreign policy objectives through strategic investments, policy coordination, and expanded cooperation with allies and partners;
(4) establish a coordinated interagency mechanism to align United States diplomatic, development, trade, and financing tools;
(5) strengthen the commercial competitiveness of United States energy and critical mineral companies in global markets; and
(6) secure a diversified and resilient supply and processing capacity for critical minerals necessary for United States industry, energy systems, and defense requirements, as well as those of allied and partner countries.
Section 3. Definitions
In this Act:
(1) Ally; allied country
The term ally or allied country means—
(A) any country described in section 2350a(a)(2) of title 10, United States Code; and
(B) any member country of an organization listed in such section.
(2) Appropriate congressional committees
The term appropriate congressional committees means—
(A) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on Finance, and the Committee on Appropriations of the Senate.
(3) Assistant Secretary
The term Assistant Secretary means the Assistant Secretary for Energy Security and Diplomacy, as established in section 301.
(4) Country Compact Team
The term Country Compact Team means a dedicated team formed by the Director for Energy Security Compacts to manage the day-to-day activities related to the development, negotiation, implementation, and monitoring of the Energy Security Compacts.
(5) 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.
(6) Department
The term Department means the Department of State.
(7) Partner country
The term partner country means any country eligible for an Energy Security Compact under title II.
(8) Processed
The term processed, with respect to a critical mineral, means the mineral has undergone the activities that occur after critical mineral ore is extracted from a mine up through its conversion into a metal, metal powder, or a master alloy.
(9) Secretary
The term Secretary means the Secretary of State.
(10) Under Secretary
The term Under Secretary means the Under Secretary for Economic Affairs.
(a) Statement of policy on critical mineral supply chains
It is the policy of the United States—
(1) to collaborate with allies and partners of the United States to build secure and resilient critical mineral supply chains, including in the mining, processing, reclamation and recycling, and valuation of critical minerals, as well as with respect to advanced manufacturing that includes critical minerals;
(2) to prioritize the development and production of critical minerals domestically, including both to supply domestic needs and for export to allies and partners that participate in secure and resilient supply chains for critical minerals;
(3) to reduce or eliminate reliance on critical mineral supply chains controlled by the People’s Republic of China, the Russian Federation, Iran, or any other strategic competitor to the United States;
(4) to work with allies and partners on enhancing evaluation capability, tracing, and technology in trusted countries that produce critical minerals to avoid the export of mined and processed critical minerals to adversaries of the United States;
(5) to identify and implement market-based incentives for the purposes of facilitating the creation and maintenance of secure and resilient critical mineral supply chains, including for reclamation and recycling of critical mineral resources from waste streams, in collaboration with allies and partners;
(6) to prioritize securing critical mineral supply chains in the United States foreign policy, including through the use of economic tools to invest responsibility in beneficiation and value-adding projects in partner countries in a manner that both benefits local populations and bolsters the supply of critical minerals to the United States;
(7) to work with allies and partners to address the distortive effects of predatory economic, pricing, and market manipulation practices used by the People’s Republic of China the Russian Federation, Iran, or any other strategic competitor of the United States;
(8) to coordinate policy tools and investments with allies and partners to accelerate the development of transparent, traceable, diversified, and fair markets for critical minerals and rare earths; and
(9) that collaboration with allies and partners to build secure and resilient critical mineral supply chains shall not replace United States efforts to increase domestic development and production or recycling of critical minerals.
(1) In general
The President may negotiate an agreement with the governments of foreign countries for the purposes of establishing a coalition to—
(A) facilitate the transparent mining, processing, supply, and procurement of critical minerals;
(B) facilitate advanced manufacturing that includes critical minerals; and
(C) secure an adequate supply of critical minerals and relevant products, manufacturing inputs, and components that are heavily dependent on critical mineral resources for the United States and other members of the coalition (in this title referred to as member countries).
(2) Negotiating objectives
The overall objectives for negotiating an agreement described in paragraph (1) shall be—
(A) to establish mechanisms for member countries to build secure, resilient, and transparent supply chains for critical minerals, including in—
(i) the mining, refinement, processing, and valuation of critical minerals; and
(ii) advanced manufacturing of products, components, and materials that are dependent on critical minerals;
(B) to improve economies of scale and joint cooperation with international partners in securing access to and means of production throughout the supply chains of critical minerals and manufacturing processes dependent on critical minerals;
(C) to establish mechanisms, with appropriate market-based disciplines, that provide and maintain opportunities among member countries for creating industry economies of scale to attract joint investment among member countries, including—
(i) cooperation on joint projects, including cost-sharing on building appropriate infrastructure to access deposits of critical minerals; and
(ii) creation or enhancement of national and international programs to support the development of robust industries by providing appropriate sector-specific incentives, such as political risk and other insurance opportunities, financing, and other support, for—
(I) transparent mining and processing of critical minerals;
(II) manufacturing of products, components, and materials that are dependent on critical minerals and are essential to consumer technology products or have important national security implications; and
(III) associated transportation needs that are tailored to the handling, movement, and logistics management of critical minerals and products, components, and materials that are dependent on critical minerals;
(D) to establish market-based rules for member countries regarding adoption of qualifying tax and other incentives to stimulate investment to ensure a fair playing field among member countries;
(E) to establish recommended best practices to protect—
(i) labor rights;
(ii) the natural environment and ecosystems near critical mineral industrial sites;
(iii) the safety of communities near critical mineral industrial activities through consultation; and
(iv) supply chain diversity;
(F) to advance economic growth in developing countries with critical mineral reserves, including for the benefit of the citizens of such countries;
(G) to establish rules allowing for the establishment of a consortium that is resourced and empowered to bid and compete in acquiring and securing potential deposits of critical minerals in countries that are not member countries;
(H) to establish a mechanism for joint resource mapping with procedures for equitable sharing of information on potential deposits of critical minerals not less frequently than annually;
(I) to establish appropriate mechanisms for the recognition and enforcement by a member country of judgements relating to environmental and related harms caused by mining operations within such member country in contravention of the laws of such country; and
(J) to improve supply chain security among member countries by providing for national treatment investment protections among member countries that are equal to, or better than, the standards set forth in the United States model bilateral investment treaty.
(3) Congressional consultation required
In the course of negotiations described in paragraph (1), the Secretary shall, not less frequently than annually, consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, and shall keep such committees fully apprised of such negotiations.
(c) Rule of construction
Nothing in this section shall be construed to alter any other provision of United States domestic law or regulation applicable to critical minerals.
(a) In general
The Secretary, acting through the Under Secretary of State for Economic Growth, Energy, and the Environment, may lead United States participation in a Minerals Security Partnership, for the following purposes:
(1) To identify and support investment and advocate for commercial and military use critical mineral mining, processing, and refining projects that enable robust, secure, and transparent critical mineral supply chains, in consultation with the other Federal agencies, as appropriate.
(2) To coordinate with relevant regional bureaus to develop regional diplomatic engagement strategies related to critical minerals projects and to identify projects that are priorities.
(3) To coordinate with United States missions abroad on projects, programs, and investments that enable robust and secure critical mineral supply chains.
(4) To coordinate with current and prospective members of the Minerals Security Partnership.
(5) To establish a mechanism for information-sharing with members of the Minerals Security Partnership.
(6) To establish policies and procedures, and if necessary, to provide funding to facilitate cooperation on joint projects with members of the Minerals Security Partnership and any related organizations established by the Minerals Security Partnership (including the Mineral Security Partnership Forum), including those related to cost-sharing agreements, political risk insurance, financing, equity investments, pricing mechanisms, procurement, and other support, in coordination with other Federal agencies, as appropriate.
(7) To coordinate with Development Finance Institutions, Export Credit Agencies, multilateral banks, and private banks headquartered in Minerals Security Partnership member countries to promote information exchange and co-financing through the Minerals Security Partnership Finance Network.
(8) To identify individuals within the Bureau of Energy Security and Diplomacy to monitor and coordinate responses to trade measures or policies that may adversely affect United States and allied country supplies of critical minerals or investments in third-country critical mineral markets, especially investments supported by the Minerals Security Partnership.
(9) To establish procedures to prevent, review, and deter critical mineral asset sales to prohibited foreign entities (as such term is defined in section 7701 of the Internal Revenue Code) by companies within the jurisdiction of Minerals Security Partnership and Minerals Security Partnership Forum member countries.
(10) To establish a framework for the transparent evaluation of member countries’ compliance and effectiveness in fulfilling the purposes listed in paragraphs (1) through (9) of this section.
(11) To identify and recommend priority countries for future engagement, including through an Energy Security Compact described in section 201 or any other relevant alliance between the United States and a foreign country related to securing and diversifying critical mineral supply chains.
(b) Database
As part of the Minerals Security Partnership, the Secretary, acting through the Under Secretary, may establish and maintain a database of critical mineral projects for the purpose of providing high quality and up-to-date information to the private sector in order to spur greater investment, increase the resilience of global critical minerals supply chains, and boost United States supply of critical minerals.
(1) Procedure
The Secretary, acting through the Under Secretary, shall develop a procedure for the collection, handling, and transmission of commercial information or data that is provided by other Federal departments and agencies and transmitted to members of the Minerals Security Partnership.
(2) Limitations
The procedure required in paragraph (1) shall include the following limitations:
(A) Any information or data which is geological or geophysical information or a trade secret or commercial or financial information shall, prior to transmittal, be aggregated, accumulated, or otherwise reported in such a manner as to avoid, to the fullest extent feasible, identification of any person from whom the United States obtained such information.
(B) The limitations on disclosure described in the following:
(i) section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796(d));
(ii) section 14(b) of the Federal Energy Administration Act of 1974 (15 U.S.C. 773(b));
(iii) section 9 of title 13, United States Code;
(iv) the first section of the Act of January 27, 1938, entitled An Act to make confidential certain information furnished to the Bureau of Foreign and Domestic Commerce, and for other purposes (15 U.S.C. 176a);
(v) section 1905 of title 18, United States Code; and
(vi) section 252 of the Energy Policy and Conservation Act of 1975 (42 U.S.C. 6274).
(A) International energy emergency
Notwithstanding paragraph (2), the Secretary may make any information or data available to members of the Minerals Security Partnership during an international energy supply emergency.
(B) Presidential certification
Notwithstanding paragraph (2), the Secretary may make any information or data available to members of the Minerals Security Partnership if the President certifies, after opportunity for presentation of views by interested persons, that the Minerals Security Partnership has adopted and is implementing security measures such that such information or data will not be disclosed by member countries of the Minerals Security Partnership or the agencies or employees of such countries to any person or foreign country without having been aggregated, accumulated, or otherwise reported in such manner as to avoid identification of any person from whom the United States obtained such information or data.
(d) Mineral Security Partnership staff
The Secretary shall prioritize staffing the Mineral Security Partnership with individuals who have the following qualifications:
(1) Substantive knowledge and experience in issues related to critical minerals supply chains and the application of such supply chains to strategic industries, including in the defense, energy, and technology sectors.
(2) Substantive knowledge and experience in large-scale multi-donor project financing and related technical and diplomatic arrangements, international coalition-building, development finance, and project management.
(3) Substantive knowledge and experience in trade and foreign policy, defense-industrial base policy, or national security-sensitive supply chain issues.
(e) Private sector and civil society coordination
The Secretary, acting through the Under Secretary for Economic Growth, Energy, and the Environment, shall ensure close coordination between the Department, the private sector, and relevant civil society groups regarding the implementation of this section.
(1) In general
The United States, through participation in the Minerals Security Partnership, shall prioritize projects that advance the national and economic security interests of the United States and allies and partners of the United States.
(2) Criteria requirements
The United States shall advocate for the Minerals Security Partnership to use environmental, societal, and governance standards, including as criteria for project selection, that are consistent with United States law or international agreements approved by Congress.
(3) Private sector collaboration
The Department shall coordinate with the private sector to leverage expertise and ensure projects supported by the Minerals Security Partnership are catalyzed by private sector investments and commercial offtake, with priority to the United States, through the Minerals Investment Network for Vital Energy Security and Transformation (commonly known as MINVEST).
(a) United States membership
The President may accept the Terms of Reference of and maintain membership of the United States in the International Nickel Study Group.
(b) Payments of assessed contributions
For fiscal year 2026 and each fiscal year thereafter, the United States assessed contributions to the International Nickel Study Group may be paid from amounts authorized to be appropriated under section 8 of the United Nations Participation Act of 1945 (22 U.S.C. 287e).
(a) In general
Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the heads of other relevant Federal agencies, shall develop a strategy for securing the supply chains of a diverse set of critical minerals.
(b) Elements
The strategy required by subsection shall—
(1) include—
(A) a review of the roles and responsibilities of offices and positions within the Department engaged, as of the date of the enactment of this Act, in efforts to secure critical mineral supply chains; and
(B) processes to ensure that such offices coordinate and deconflict such efforts;
(2) leverage use of United States financial, commercial, and development assistance tools and resources to advance the critical mineral policies of the United States;
(3) include targeted engagement plans for both countries that are allies or partners of the United States and countries with significant proven or estimated deposits of critical minerals or processing capacity for minerals critical to national security interests;
(4) provide for coordination with relevant Federal agencies to align trade policies to address both price volatility and incentivize the sourcing of critical minerals from trusted suppliers;
(5) strengthen collaboration with countries that are allies and partners of the United States, and leverage the leadership role of the United States in multilateral institutions engaged on critical mineral issues to shape international standards;
(6) extend the diplomatic and commercial advocacy support of the United States to private sector entities throughout critical mineral supply chains; and
(7) facilitate coordination with countries that are allies and partners of the United States to—
(A) identify best practices and develop coordinated standards for critical mineral projects;
(B) protect against inhumane labor practices; and
(C) minimize adverse environmental and social impacts from the critical minerals supply chain.
(c) Briefing required
Not later than 210 days after the date of enactment of this Act, the Secretary shall provide a briefing on the strategy developed under subsection (a) to—
(1) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.
(a) Sense of Congress
It is the sense of Congress that United States private sector entities competing for critical mineral projects abroad need support from the United States Government.
(b) Support for critical mineral projects
The Secretary shall direct an appropriate official or office of the Department to establish a mechanism and process for the United States to provide support for critical mineral projects in foreign countries, which may include—
(1) a mechanism for certifying that critical mineral projects uphold labor rights and minimize environmental impacts; and
(2) a process for United States private sector entities to engage with United States embassies in foreign countries for support when pursuing critical mineral projects in such countries.
(a) In general
The Secretary is authorized to make available, from amounts authorized to be appropriated for fiscal year 2026 or any subsequent fiscal year for bilateral economic assistance (including amounts authorized to be appropriated to the Economic Resilience Initiative), amounts for the purpose of establishing multi-year agreements (to be known as Energy Security Compacts) with partner countries 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.
(b) Transfers
Funds made available for the Economic Resilience Initiative or otherwise determined by the Secretary to be made available to support Energy Security Compacts may be transferred to, and merged with, funds appropriated for fiscal year 2026 or thereafter under the headings 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 by any Act providing appropriations for the Department of State and related programs.
(c) Consultation and notification
The transfer authority provided by this section is in addition to any other transfer authority provided by law, and is subject to—
(1) prior consultation with—
(A) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Appropriations and the Committee on Foreign Relations of the Senate; and
(2) the regular notification procedures of such committees.
(d) Assistance for the development and implementation of compacts
The Director for Energy Security Compacts may—
(1) enter into contracts for required technical support related to Energy Security Compacts;
(2) make grants to any partner country for the purpose of building the administrative or technical capacity necessary to facilitate the development and implementation of an Energy Security Compact between the United States and such country; and
(3) form Country Compact Teams with a designated lead, who will regularly engage with the Council, to carry out the implementation of the Compact.
(1) Prohibition on military assistance and training
Assistance under this section may not include military assistance or military training for a country.
(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.
(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, unmitigable environmental, health, or safety hazard.
(4) Foreign Aid Transparency and Accountability Act Compliance
None of the funds authorized to be appropriated or otherwise made available by this Act may be obligated or expended for an Energy Security Compact unless the compact and all associated activities comply with the monitoring, evaluation, performance measurement, and public reporting requirements of section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (22 U.S.C. 2394c).
(5) Limitation relating to the President and Vice President
None of the funds authorized to be appropriated or otherwise made available by this Act may be obligated or expended to provide any grant, contract, loan, or other financial assistance to an entity in which the President, the Vice President, or an immediate family member (as such term is defined in section 1128(j) of the Social Security Act (42 U.S.C. 1320a–7(j))) of the President or Vice President holds, directly or indirectly, any ownership interest or serves in any managerial, officer, director, or board capacity.
(f) Report required
Not less frequently than annually until the date that is five years after the date of the enactment of this Act, the Director for Energy Security Compacts shall submit to the appropriate congressional committees, the Executive Office of the President, the National Security Council, and the Secretary a report describing—
(1) the current status of activities authorized under this title;
(2) any obstacles to the implementation of such activities; and
(3) any updates to the multiyear financial plan developed pursuant to section 203(c)(6).
(a) Establishment
The Secretary shall establish an Office of Energy Security Compacts, which shall perform such functions related to the administration and implementation of the Energy Security Compacts described in section 201 as the Assistant Secretary may prescribe.
(b) Director for Energy Security Compact
The Office of Energy Security shall be led by a Director for Energy Security Compacts who shall be responsible to the Assistant Secretary for all matters pertaining to the administration and implementation of the Energy Security Compacts described under section 201 and such other related duties as the Secretary may from time to time designate.
(c) Responsibilities
In addition to the responsibilities described under subsection (a), the Director for Energy Security Compacts shall be responsible for supporting the Department’s participation in and leadership of the Economic Resilience Initiative and the Energy Security Compacts Council, including for all matters pertaining to the following:
(1) Drafting the contribution of the Secretary to the strategy identified in section 7030(d) of the Further Consolidated Appropriations Act, 2024 (Public Law 119–37).
(2) Leading the development, negotiation, and management of all Energy Security Compacts funded through the Economic Resilience Initiative.
(3) Consulting and coordinating with agencies and departments that are members of the Energy Security Council to develop prospective Energy Security Compacts and implement ongoing Energy Security Compacts, as appropriate.
(4) Serving as the recipient for—
(A) solicited proposals under the Energy Security Compact; and
(B) unsolicited proposals for projects to be considered for inclusion in any Energy Security Compact by national, regional, and local governments and private corporations.
(5) Signing joint agency agreements, transferring or receiving appropriated funds with any department, agency, or independent establishment of the United States Government (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 Compact described under section 301, including for the use as credit subsidy.
(6) Coordinating with other donor entities, including countries that are allies and partners of the United States, the Minerals Security Partnership, and other multilateral fora, for the purposes of deconflicting, augmenting, and leveraging, where appropriate, Energy Security Compact workplans with the development and financing activities performed by others.
(d) Personnel
The Director for Energy Security Compacts may—
(1) detail staff to a collaborating agency head with relevant sectoral, financial, or regional expertise for the negotiation or implementation of an Energy Security Compact;
(2) request core agency heads and collaborating agency heads detail personnel to the Office of Energy Security Compacts with relevant sectoral, financial, or regional expertise for the negotiation or implementation of an Energy Security Compact; and
(3) 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.
(e) Termination
The authority provided under this section shall terminate on the date that is 10 years after the date of the enactment of this Act.
(f) Report
Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Economic Affairs 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 Compacts, including career promotion tracks to supervisory and non-supervisory GS–15 positions.
(a) In general
Each Energy Security Compact should increase reliable access to energy, electricity, or critical minerals for both parties to the Energy Security Compact, 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.
(b) Prior analysis required
Before establishing an Energy Security Compact, the Office of Energy Security Compacts, in collaboration with the Energy Security Compact Council, shall conduct a constraints analysis of the energy sector and supply-chain segments needed to strengthen the partner country’s energy security, consistent with United States energy security risks and commercial opportunities.
(c) Energy security compact elements
Each Energy Security Compact shall contain—
(1) a constraints analysis of the energy sector which identifies insufficiencies in the energy sector and supply-chain segments needed to ensure the partner country’s energy security, consistent with United States energy security risks and commercial opportunities;
(2) specific objectives that the partner country and the United States expect to achieve during the term of the Energy Security Compact, including—
(A) increased energy production, reliability, and affordability in the partner country;
(B) economic growth in the partner country that may reduce the need for foreign assistance;
(C) improved access to energy, in consultation with affected communities and civil society; and
(D) improved infrastructure that enables access to critical minerals mining and processing;
(3) the responsibilities of the partner country and the United States in the achievement of such objectives;
(4) regular quantitative benchmarks to measure, where appropriate, progress toward achieving such objectives;
(5) an identification of the intended impact of the activities carried out in accordance with the Energy Security Compact;
(6) a multiyear financial plan, updated annually until the expiration of the term of the Energy Security Compact, that—
(A) estimates the amount of contributions, commitments, and other participation to be provided by the Department, Core Agencies, Collaborating Agencies, the partner country, and other entities;
(B) ensures compacts with low-income countries incorporate and are complementary to development programs administered by other United States agencies and departments, so that United States funds are used to improve feasibility for private sector investment to further development goals;
(C) identifies proposed mechanisms to implement the plan and provide oversight of the plan; and
(D) describes how the requirements described in paragraphs (1) through (5) will be met, including the role of the private sector in the achievement of such requirements;
(7) as appropriate, a description of the current and potential participation of other donors, including countries that are allies and partners of the United States or collaborating agencies in the achievement of such objectives;
(8) a description of how oversight and transparency of the foreign assistance provided through the Economic Resilience Initiative will be maintained;
(9) as appropriate, a process or processes for considering—
(A) solicited proposals under the Energy Security Compact; and
(B) unsolicited proposals by national, regional, and local units of government and private corporations;
(10) a requirement that open, fair, competitive, 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 Compact;
(11) the strategy of the partner country to sustain progress made toward achieving such objectives after expiration of the Energy Security Compact;
(12) a description of the role of both core and collaborating agencies in any design, implementation, and monitoring of programs and activities funded through the Energy Security Compact; and
(13) a description of any contribution, as appropriate, from the partner country relative to its national budget and taking into account the prevailing economic conditions, toward meeting the objectives of the Energy Security Compact.
(d) Eligibility
A country shall be considered eligible for support under this section if—
(1) the per capita income of the country is not greater than the World Bank loan threshold or the country is eligible for support from the International Bank for Reconstruction and Development or the International Development Association graduation process at the beginning of the year in which negotiations are initiated;
(2) the country has been identified as strategically or commercially important for the United States by the Director for Energy Security Compacts, Secretary, a member of the National Security Council, or the President;
(3) the Assistant Secretary determines that the country has the capacity and commitment to implement the Energy Security Compact; and
(4) the country is not a foreign country of concern, as such term is defined in section 10612(a) of Public Law 117–167 (42 U.S.C. 19221(a)).
(e) Prohibition on taxation
In addition to the elements described in subsection (c), each Energy Security Compact shall contain a provision stating that assistance provided by the United States under the Energy Security Compact shall be exempt from taxation by the government of the partner country.
(f) Approval
Each Energy Security Compact shall be recommended by the Director for Energy Security Compacts and approved by the Secretary before the United States enters into such an Energy Security Compact.
(g) Duration
The duration of each Energy Security Compact may not exceed 10 years.
(h) Subsequent and concurrent compacts
A partner country that has entered into, and has in effect, an Energy Security Compact under this section may enter into, and concurrently have in effect, additional Energy Security Compacts.
(i) Report regarding increase or extension of assistance
Not later than 15 days after making a determination to increase or extend assistance under an Energy Security Compact with a partner country, the Secretary, acting through the Director for Energy Security Compacts, shall submit to the appropriate congressional committees a written report that contains—
(1) a justification for such a determination;
(2) a detailed summary of the proposed increase in, or extension of, assistance under the Energy Security Compact; and
(3) a copy of the full text of the amendment to the Energy Security Compact.
(a) Establishment
Not later than 90 days after the date of enactment of this Act, the President should establish an Energy Security Compacts Council (in this title referred to as the Council) to coordinate and implement the Energy Security Compacts identified in this section.
(b) Composition
The Council shall be chaired by the Secretary and be composed of principal officers of executive departments from the following agencies:
(1) The United States International Development Finance Corporation.
(2) The Department of Energy.
(3) The United States Trade and Development Agency.
(4) The Export-Import Bank of the United States.
(5) The Department of Commerce.
(6) The United States Trade Representative.
(7) The Department of Defense.
(8) The Department.
(9) The Department of the Interior.
(10) Any other Federal agency or organization that the President determines to be appropriate.
(c) Vacancies
Where there is a vacancy in the office of a principal officer of an executive department, the individual acting in that capacity shall serve as a member of the Council until a new principal officer of the executive department is appointed.
(d) Delegation
The principal officer of an executive department may delegate a senior official (as described in section 1(d) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(d))) to serve on the Council, as appropriate.
(e) Duties
The Council shall—
(1) meet not less frequently than quarterly;
(2) coordinate Energy Security Compact-related activities of the core and collaborating agencies;
(3) make annual recommendations to the Director for Energy Security Compacts, taking into account the stated priorities of the National Security Council and the President, regarding the prioritization of eligible countries for Energy Security Compact negotiation; and
(4) make recommendations to improve interagency collaboration for the purposes of promoting energy security and United States national security interests abroad.
(f) Sunshine Act compliance
Meetings of the Council are subject to section 5532b of title 5, United States Code (commonly referred to as the Government in the Sunshine Act).
Section 205. Congressional notification
Not later than 30 days before entering into an Energy Security Compact, the Director for Energy Security Compacts shall—
(1) notify and consult with the appropriate congressional committees regarding such Compact;
(2) transmit to the appropriate congressional committees the text of such Compact; and
(3) provide to the appropriate congressional committees an in-person briefing regarding such Compact.
Section 206. Government Accountability Office
The Government Accountability Office shall, not later than 2 years after the date of the enactment of this Act and annually thereafter, submit to Congress an evaluation of the efficiency and development impact of projects supported by an Energy Security Compact.