BAN Fossil Fuel Exports Act

II 118TH CONGRESS 1ST SESSION S. 1707 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 MAY 18, 2023 Mr. MARKEY (for himself, Mr. MERKLEY, Mr. SANDERS, Ms. WARREN, and Mr. WYDEN) introduced the following bill; which was read twice and re- ferred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Energy Policy and Conservation Act to rein- state the ban on the export of crude oil and natural gas produced in the United States, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Block All New Fossil 4 Fuel Exports Act’’ or the ‘‘BAN Fossil Fuel Exports 5 Act’’. 6 VerDate Sep 11 2014 04:47 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1707.IS S1707 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1707 IS SEC. 2. DOMESTIC USE OF ENERGY SUPPLIES AND RE- 1 LATED MATERIALS AND EQUIPMENT. 2 (a) IN GENERAL.—The Energy Policy and Conserva- 3 tion Act (42 U.S.C. 6201 et seq.) is amended by inserting 4 after section 101 the following: 5 ‘‘SEC. 102. DOMESTIC USE OF ENERGY SUPPLIES AND RE- 6 LATED MATERIALS AND EQUIPMENT. 7 ‘‘(a) EXPORT RESTRICTIONS.—The President, by 8 rule, under such terms and conditions as the President 9 determines to be appropriate and necessary to carry out 10 the purposes of this Act, may restrict exports of— 11 ‘‘(1) coal, petroleum products, natural gas, or 12 petrochemical feedstocks; and 13 ‘‘(2) supplies of materials or equipment that the 14 President determines to be necessary— 15 ‘‘(A) to maintain or further exploration, 16 production, refining, or transportation of energy 17 supplies; or 18 ‘‘(B) for the construction or maintenance 19 of energy facilities within the United States. 20 ‘‘(b) PROHIBITION OF EXPORT OF CRUDE OIL AND 21 NATURAL GAS.— 22 ‘‘(1) RULE.—Subject to paragraph (2), the 23 President shall exercise the authority provided under 24 subsection (a) to promulgate a rule prohibiting the 25 VerDate Sep 11 2014 04:47 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1707.IS S1707 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1707 IS export of crude oil and natural gas produced in the 1 United States. 2 ‘‘(2) EXEMPTIONS.— 3 ‘‘(A) IN GENERAL.—In accordance with 4 subparagraph (A), the President may exempt 5 from a prohibition on the export of crude oil 6 and natural gas under paragraph (1) any crude 7 oil or natural gas exports that the President de- 8 termines to be consistent with— 9 ‘‘(i) the national interest; and 10 ‘‘(ii) the purposes of this Act. 11 ‘‘(B) REQUIREMENTS.—An exemption 12 from a rule prohibiting crude oil or natural gas 13 exports under paragraph (1)— 14 ‘‘(i) shall be— 15 ‘‘(I) included in the rule; or 16 ‘‘(II) provided for in an amend- 17 ment to the rule; and 18 ‘‘(ii) may be based on— 19 ‘‘(I) the purpose for export; 20 ‘‘(II) the class of seller or pur- 21 chaser; 22 ‘‘(III) the country of destination; 23 or 24 VerDate Sep 11 2014 04:47 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1707.IS S1707 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1707 IS ‘‘(IV) any other reasonable clas- 1 sification or basis that the President 2 determines to be— 3 ‘‘(aa) appropriate; and 4 ‘‘(bb) consistent with— 5 ‘‘(AA) the national in- 6 terest; and 7 ‘‘(BB) the purposes of 8 this Act. 9 ‘‘(c) IMPOSITION OF RESTRICTIONS.— 10 ‘‘(1) IN GENERAL.—In order to implement any 11 rule promulgated under subsection (a), the President 12 may direct the Secretary of Commerce to impose 13 such restrictions as are specified in the rule on ex- 14 ports of— 15 ‘‘(A) coal, petroleum products, natural gas, 16 or petrochemical feedstocks; and 17 ‘‘(B) supplies of materials and equipment 18 described in paragraph (2) of that subsection. 19 ‘‘(2) PROCEDURES.—The Secretary shall im- 20 pose restrictions under paragraph (1) pursuant to 21 procedures established under the Export Control Re- 22 form Act of 2018 (50 U.S.C. 4801 et seq.). 23 ‘‘(d) RESTRICTIONS AND NATIONAL INTEREST.— 24 Any finding by the President pursuant to subsection (a) 25 VerDate Sep 11 2014 04:47 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1707.IS S1707 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1707 IS or (b) and any action taken by the Secretary of Commerce 1 pursuant to those subsections shall take into account the 2 national interest as related to the need to leave uninter- 3 rupted or unimpaired— 4 ‘‘(1) exchanges in similar quantity for conven- 5 ience or increased efficiency of transportation with 6 persons or the government of a foreign state; 7 ‘‘(2) temporary exports for convenience or in- 8 creased efficiency of transportation across parts of 9 an adjacent foreign state before reentering the 10 United States; and 11 ‘‘(3) the historical trading relations of the 12 United States with Canada and Mexico. 13 ‘‘(e) WAIVER OF NOTICE AND COMMENT PERIOD.— 14 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 15 subchapter II of chapter 5 of title 5, United States 16 Code, shall apply with respect to the promulgation 17 of any rule pursuant to this section. 18 ‘‘(2) WAIVER.— 19 ‘‘(A) IN GENERAL.—The President may 20 waive with respect to the promulgation of any 21 rule pursuant to this section the notice and 22 comment provisions of subchapter II of chapter 23 5 of title 5, United States Code, only if the 24 President determines that compliance with the 25 VerDate Sep 11 2014 04:47 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1707.IS S1707 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1707 IS requirements may seriously impair the ability of 1 the President to impose effective and timely 2 prohibitions on exports. 3 ‘‘(B) OPPORTUNITY FOR COMMENT.—If 4 the notice and comment provisions of sub- 5 chapter II of chapter 5 of title 5, United States 6 Code, are waived under subparagraph (A) with 7 respect to a rule promulgated under this sec- 8 tion, the President shall provide interested per- 9 sons an opportunity to comment on the rule as 10 soon as practicable after the date on which the 11 rule is promulgated. 12 ‘‘(3) ENFORCEMENT AND PENALTY PROVI- 13 SIONS.—If the President determines to request the 14 Secretary of Commerce to impose specified restric- 15 tions pursuant to subsection (c), the enforcement 16 and penalty provisions of the Export Control Reform 17 Act of 2018 (50 U.S.C. 4801 et seq.) shall apply to 18 any violation of the restrictions.’’. 19 (b) CLERICAL AND CONFORMING AMENDMENTS.— 20 (1) CLERICAL AMENDMENT.—The table of con- 21 tents for the Energy Policy and Conservation Act 22 (42 U.S.C. prec. 6201) is amended by inserting 23 after the item relating to section 101 the following: 24 ‘‘102. Domestic use of energy supplies and related materials and equipment.’’. VerDate Sep 11 2014 04:47 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\S1707.IS S1707 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1707 IS (2) CONFORMING AMENDMENT.—Section 101 1 of division O of the Consolidated Appropriations Act, 2 2016 (42 U.S.C. 6212a), is amended by striking 3 subsections (b) through (d). 4 Æ VerDate Sep 11 2014 04:47 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S1707.IS S1707 kjohnson on DSK79L0C42PROD with BILLS