[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2886 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2886

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 21, 2018

  Mr. Markey 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 Administration Act of 1979 (50 U.S.C. 4601 et seq.) 
        (as continued in effect pursuant to the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.)).
            ``(3) Effect of policy declaration.--The Secretary shall 
        impose restrictions under paragraph (1) without regard to the 
        declaration under section 3(2)(C) of the Export Administration 
        Act of 1979 (50 U.S.C. 4062(2)(C)) (as continued in effect 
        pursuant to the International Emergency Economic Powers Act (50 
        U.S.C. 1701 et seq.)) that export controls be imposed only to 
        the extent necessary to reduce the serious inflationary impact 
        of foreign demand.
    ``(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 Administration 
        Act of 1979 (50 U.S.C. 4601 et seq.) (as continued in effect 
        pursuant to the International Emergency Economic Powers Act (50 
        U.S.C. 1701 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).
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