What This Bill Does
This bill bans the export of certain oil and petroleum products produced in the United States to China. The ban applies to crude oil, refined oil, residual fuel oil, and other petroleum products, but does not apply to natural gas or natural gas liquid products.
Who It Affects
Companies that produce or export oil and petroleum products from the United States. The Energy Policy and Conservation Act (a federal law that governs energy policy) will be modified by this bill.
Key Provisions
• U.S.-produced crude oil cannot be exported to China (Sec. 2(a))
• U.S.-produced refined oil and refined oil products cannot be exported to China (Sec. 2(a))
• U.S.-produced residual fuel oil cannot be exported to China (Sec. 2(a))
• Any other U.S.-produced petroleum products (except natural gas and natural gas liquids) cannot be exported to China (Sec. 2(a))
• The ban does not apply to petroleum products already in transport to China when the ban takes effect (Sec. 2(c)(1))
What Changes
If this bill becomes law, it will add a new section to the Energy Policy and Conservation Act that prohibits exporting these specific petroleum products to China. The law will also update related sections of the Consolidated Appropriations Act, 2016 to reference this new prohibition.
Important Definitions
Crude oil: unrefined oil taken directly from the ground. Refined oil: oil that has been processed. Residual fuel oil: heavy fuel oil left over after refining lighter products. Natural gas liquids are explicitly excluded from the ban.
Effective Date
The prohibition takes effect 10 days after the date the bill becomes law (Sec. 2(d)).
II
118TH CONGRESS
1ST SESSION
S. 190
To amend the Energy Policy and Conservation Act to prohibit exports of
crude and refined oil and certain petroleum products to the People’s
Republic of China.
IN THE SENATE OF THE UNITED STATES
JANUARY 31, 2023
Mr. RUBIO 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 pro-
hibit exports of crude and refined oil and certain petro-
leum products to the People’s Republic of China.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘China Oil Export Pro-
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hibition Act of 2023’’.
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•S 190 IS
SEC. 2. PROHIBITION ON EXPORT OF CRUDE AND REFINED
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OIL AND CERTAIN PETROLEUM PRODUCTS
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TO THE PEOPLE’S REPUBLIC OF CHINA.
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(a) IN GENERAL.—The Energy Policy and Conserva-
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tion Act (42 U.S.C. 6201 et seq.) is amended by inserting
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after section 101 the following:
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‘‘SEC. 102. PROHIBITION ON EXPORT OF CERTAIN PETRO-
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LEUM PRODUCTS TO THE PEOPLE’S REPUB-
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LIC OF CHINA.
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‘‘(a) IN GENERAL.—Notwithstanding any other pro-
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vision of law, no petroleum product described in subsection
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(b) that is produced in the United States may be exported
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from the United States to the People’s Republic of China.
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‘‘(b) PETROLEUM PRODUCT DESCRIBED.—A petro-
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leum product referred to in subsection (a) is—
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‘‘(1) crude oil;
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‘‘(2) refined oil or a refined oil product;
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‘‘(3) residual fuel oil; or
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‘‘(4) any other petroleum product (other than
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natural gas or any natural gas liquid product).
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‘‘(c) APPLICABILITY.—
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‘‘(1) PETROLEUM PRODUCTS IN TRANSPORT.—
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Subsection (a) shall not apply to any petroleum
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product described in subsection (b) that is in the
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process of being transported from the United States
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to the People’s Republic of China as of the date on
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•S 190 IS
which the prohibition under that subsection takes ef-
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fect pursuant to subsection (d).
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‘‘(2) NATURAL GAS.—Subsection (a) does not
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apply to natural gas or any natural gas liquid prod-
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uct.
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‘‘(d) EFFECTIVE DATE.—The prohibition described
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in subsection (a) shall take effect on the date that is 10
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days after the date of enactment of the China Oil Export
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Prohibition Act of 2023.’’.
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(b) CLERICAL AMENDMENT.—The table of contents
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for the Energy Policy and Conservation Act (Public Law
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94–163; 89 Stat. 871; 114 Stat. 2034) is amended by in-
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serting after the item relating to section 101 the following:
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‘‘Sec. 102. Prohibition on export of certain petroleum products to the People’s
Republic of China.’’.
(c) CONFORMING AMENDMENT.—Section 101(b) of
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division O of the Consolidated Appropriations Act, 2016
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(42 U.S.C. 6212a(b)) is amended by inserting ‘‘and sec-
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tion 102 of the Energy Policy and Conservation Act’’ after
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‘‘subsections (c) and (d)’’.
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Æ
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