[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2527 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2527
To amend the Energy Policy and Conservation Act to reinstate the ban on
the export of crude oil and natural gas produced in the United States,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 19, 2019
Mr. Markey (for himself, Mr. Merkley, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Energy Policy and Conservation Act to reinstate the ban on
the export of crude oil and natural gas produced in the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Block All New Oil Exports Act'' or
the ``BAN Oil Exports Act''.
SEC. 2. DOMESTIC USE OF ENERGY SUPPLIES AND RELATED MATERIALS AND
EQUIPMENT.
(a) In General.--The Energy Policy and Conservation Act (42 U.S.C.
6201 et seq.) is amended by inserting after section 101 the following:
``SEC. 103. DOMESTIC USE OF ENERGY SUPPLIES AND RELATED MATERIALS AND
EQUIPMENT.
``(a) Export Restrictions.--The President, by rule, under such
terms and conditions as the President determines to be appropriate and
necessary to carry out the purposes of this Act, may restrict exports
of--
``(1) coal, petroleum products, natural gas, or
petrochemical feedstocks; and
``(2) supplies of materials or equipment that the President
determines to be necessary--
``(A) to maintain or further exploration,
production, refining, or transportation of energy
supplies; or
``(B) for the construction or maintenance of energy
facilities within the United States.
``(b) Prohibition of Export of Crude Oil and Natural Gas.--
``(1) Rule.--Subject to paragraph (2), the President shall
exercise the authority provided under subsection (a) to
promulgate a rule prohibiting the export of crude oil and
natural gas produced in the United States.
``(2) Exemptions.--
``(A) In general.--In accordance with subparagraph
(A), the President may exempt from a prohibition on the
export of crude oil and natural gas under paragraph (1)
any crude oil or natural gas exports that the President
determines to be consistent with--
``(i) the national interest; and
``(ii) the purposes of this Act.
``(B) Requirements.--An exemption from a rule
prohibiting crude oil or natural gas exports under
paragraph (1)--
``(i) shall be--
``(I) included in the rule; or
``(II) provided for in an amendment
to the rule; and
``(ii) may be based on--
``(I) the purpose for export;
``(II) the class of seller or
purchaser;
``(III) the country of destination;
or
``(IV) any other reasonable
classification or basis that the
President determines to be--
``(aa) appropriate; and
``(bb) consistent with--
``(AA) the national
interest; and
``(BB) the purposes
of this Act.
``(c) Imposition of Restrictions.--
``(1) In general.--In order to implement any rule
promulgated under subsection (a), the President may direct the
Secretary of Commerce to impose such restrictions as are
specified in the rule on exports of--
``(A) coal, petroleum products, natural gas, or
petrochemical feedstocks; and
``(B) supplies of materials and equipment described
in paragraph (2) of that subsection.
``(2) Procedures.--The Secretary shall impose restrictions
under paragraph (1) pursuant to procedures established under
the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.).
``(d) Restrictions and National Interest.--Any finding by the
President pursuant to subsection (a) or (b) and any action taken by the
Secretary of Commerce pursuant to those subsections shall take into
account the national interest as related to the need to leave
uninterrupted or unimpaired--
``(1) exchanges in similar quantity for convenience or
increased efficiency of transportation with persons or the
government of a foreign state;
``(2) temporary exports for convenience or increased
efficiency of transportation across parts of an adjacent
foreign state before reentering the United States; and
``(3) the historical trading relations of the United States
with Canada and Mexico.
``(e) Waiver of Notice and Comment Period.--
``(1) In general.--Subject to paragraph (2), subchapter II
of chapter 5 of title 5, United States Code, shall apply with
respect to the promulgation of any rule pursuant to this
section.
``(2) Waiver.--
``(A) In general.--The President may waive with
respect to the promulgation of any rule pursuant to
this section the notice and comment provisions of
subchapter II of chapter 5 of title 5, United States
Code, only if the President determines that compliance
with the requirements may seriously impair the ability
of the President to impose effective and timely
prohibitions on exports.
``(B) Opportunity for comment.--If the notice and
comment provisions of subchapter II of chapter 5 of
title 5, United States Code, are waived under
subparagraph (A) with respect to a rule promulgated
under this section, the President shall provide
interested persons an opportunity to comment on the
rule as soon as practicable after the date on which the
rule is promulgated.
``(3) Enforcement and penalty provisions.--If the President
determines to request the Secretary of Commerce to impose
specified restrictions pursuant to subsection (c), the
enforcement and penalty provisions of the Export Control Reform
Act of 2018 (50 U.S.C. 4801 et seq.) shall apply to any
violation of the restrictions.''.
(b) Clerical and Conforming Amendments.--
(1) Clerical amendment.--The table of contents for the
Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is
amended by inserting before the item relating to section 104
the following:
``103. Domestic use of energy supplies and related materials and
equipment.''.
(2) Conforming amendment.--Section 101 of division O of the
Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a), is
amended by striking subsections (b) through (d).
<all>
BAN Oil Exports Act
#2527 | S Congress #116
Policy Area: Energy
Last Action: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (9/19/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text