What This Bill Does
This bill changes rules about selling oil from the Strategic Petroleum Reserve (a supply of oil the government keeps for emergencies). It stops the government from selling this oil to certain countries and groups. The Secretary of Energy can make an exception only if they say it is needed for national security.
Who It Affects
The Secretary of Energy (the government official who manages energy policy) is directly affected, as they must enforce these new rules. Companies or countries trying to buy American oil from the Strategic Petroleum Reserve are affected. Any entity owned or controlled by the banned countries is also affected.
Key Provisions
- The Secretary cannot export or sell Strategic Petroleum Reserve oil to China, North Korea, Russia, Iran, or any country under U.S. sanctions (Sec. 164(a))
- The Secretary cannot export or sell this oil to any entity owned, controlled or influenced by those countries or by the Chinese Communist Party (Sec. 164(a))
- The Secretary can issue a waiver (an official permission to break the rule) only if they certify that doing so is in the national security interests of the United States (Sec. 164(b))
- The Secretary must issue a rule explaining how to carry out this law within 60 days of the law taking effect (Sec. 164(c))
What Changes
The government gains a new legal requirement to block oil sales from the Strategic Petroleum Reserve to specific countries and organizations. The Secretary gains authority to make exceptions in national security situations.
Important Definitions
The bill does not explicitly define "Strategic Petroleum Reserve," "petroleum products," "owned," "controlled," "influenced," or "national security interests."
I
118TH CONGRESS
1ST SESSION
H. R. 293
To amend the Energy Policy and Conservation Act to prohibit the export
or sale of petroleum products from the Strategic Petroleum Reserve
to certain entities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 11, 2023
Ms. HOULAHAN (for herself, Mr. BACON, Mr. KILDEE, Ms. SALAZAR, Ms.
KUSTER, Mr. FALLON, Ms. DAVIDS of Kansas, Mr. OBERNOLTE, Mr.
TRONE, Mr. FITZPATRICK, Ms. SLOTKIN, Miss GONZA´LEZ-COLO´N, Mr.
COHEN, Mrs. KIM
of California, Mr. COSTA, Mr. ELLZEY, Mr.
MOSKOWITZ, Ms. BUDZINSKI, Mr. PAPPAS, Mr. CLEAVER, Ms. WILD, Mr.
GARAMENDI, Mr. PETERS, Mr. KIM of New Jersey, Mr. KEATING, Ms.
TITUS, Mr. QUIGLEY, Mr. SCHNEIDER, Mrs. CHERFILUS-MCCORMICK,
Ms. DELAURO, Ms. KAPTUR, Mr. PHILLIPS, Mr. BERA, Mr. BISHOP of
Georgia, Ms. TOKUDA, Ms. DEGETTE, Mr. CORREA, Mr. CARBAJAL, Mr.
LEVIN, Ms. CARAVEO, Mr. GOTTHEIMER, Mr. COURTNEY, Ms. CASTOR
of Florida, Mr. BAIRD, Ms. WASSERMAN SCHULTZ, and Mr. CARSON) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce
A BILL
To amend the Energy Policy and Conservation Act to pro-
hibit the export or sale of petroleum products from the
Strategic Petroleum Reserve to certain entities, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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•HR 293 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Banning Oil Exports
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to Foreign Adversaries Act’’.
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SEC. 2. PROHIBITION ON CERTAIN EXPORTS.
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(a) IN GENERAL.—The Energy Policy and Conserva-
5
tion Act is amended by inserting after section 163 (42
6
U.S.C. 6243) the following:
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‘‘SEC. 164. PROHIBITION ON CERTAIN EXPORTS.
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‘‘(a) IN GENERAL.—The Secretary shall prohibit the
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export or sale of petroleum products drawn down from the
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Strategic Petroleum Reserve, under any provision of law,
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to—
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‘‘(1) the People’s Republic of China;
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‘‘(2) the Democratic People’s Republic of
14
Korea;
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‘‘(3) the Russian Federation;
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‘‘(4) the Islamic Republic of Iran;
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‘‘(5) any other country the government of which
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is subject to sanctions imposed by the United States;
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and
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‘‘(6) any entity owned, controlled, or influenced
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by—
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‘‘(A) a country referred to in any of para-
23
graphs (1) through (5); or
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‘‘(B) the Chinese Communist Party.
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•HR 293 IH
‘‘(b) WAIVER.—The Secretary may issue a waiver of
1
the prohibition described in subsection (a) if the Secretary
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certifies that any export or sale authorized pursuant to
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the waiver is in the national security interests of the
4
United States.
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‘‘(c) RULE.—Not later than 60 days after the date
6
of enactment of the Banning Oil Exports to Foreign Ad-
7
versaries Act, the Secretary shall issue a rule to carry out
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this section.’’.
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(b) CONFORMING AMENDMENTS.—
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(1) DRAWDOWN
AND
SALE
OF
PETROLEUM
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PRODUCTS.—Section 161(a) of the Energy Policy
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and Conservation Act (42 U.S.C. 6241(a)) is
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amended by inserting ‘‘and section 164’’ before the
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period at the end.
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(2) CLERICAL AMENDMENT.—The table of con-
16
tents for the Energy Policy and Conservation Act is
17
amended by inserting after the item relating to sec-
18
tion 163 the following:
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‘‘Sec. 164. Prohibition on certain exports.’’.
Æ
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