117 S4515 IS: No Emergency Crude Oil for Foreign Adversaries Act U.S. Senate 2022-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 4515IN THE SENATE OF THE UNITED STATESJuly 13, 2022Mr. Cruz (for himself, Mrs. Blackburn, Mr. Hawley, Ms. Ernst, Mr. Lankford, Mr. Kennedy, Mr. Marshall, Mr. Inhofe, and Mrs. Hyde-Smith) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo require the Secretary of Energy to stipulate, as a condition on the sale at auction of any crude oil from the Strategic Petroleum Reserve, that the crude oil not be exported to certain countries, and for other purposes.

1.

Short title

This Act may be cited as the No Emergency Crude Oil for Foreign Adversaries Act.

2.

Condition on auction of crude oil from the Strategic Petroleum Reserve

(a)

Definitions

In this section:(1)

Bidder

The term bidder means an individual or entity bidding or intending to bid at an auction of crude oil from the Strategic Petroleum Reserve.(2)

Secretary

The term Secretary means the Secretary of Energy.(3)

Strategic Petroleum Reserve

The term Strategic Petroleum Reserve means the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.).(b)

Prohibition on export of SPR crude oil to certain countries

(1)

In general

Notwithstanding any other provision of law, including section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), and subject to paragraph (2), with respect to the drawdown and sale at auction of any crude oil from the Strategic Petroleum Reserve after the date of enactment of this Act, the Secretary shall require, as a condition of any such sale, that the crude oil not be exported to—(A)the People’s Republic of China;(B)the Russian Federation;(C)the Democratic People’s Republic of Korea; or(D)the Islamic Republic of Iran.(2)

Waiver

(A)

In general

On application by a bidder, the Secretary may waive, prior to the date of the applicable auction, the condition described in paragraph (1) with respect to the sale of crude oil to that bidder at that auction.(B)

Requirement

The Secretary may issue a waiver under subparagraph (A) only if the Secretary determines that the waiver is in the interest of the national security of the United States.(C)

Applications

(i)

In general

A bidder desiring a waiver under subparagraph (A) shall submit to the Secretary an application—(I)not later than the date that is 30 days before the date of the applicable auction; and(II)in such form and containing such information as the Secretary may require.(ii)

Deadline for decision

The Secretary shall determine whether to approve or deny an application submitted under clause (i) by the date that is 30 days after the date on which the application is submitted.(c)

Report

Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing—(1)the route to destination and place of refinement of all crude oil sold at auction from the Strategic Petroleum Reserve since November 23, 2021; and(2)the ownership of the refinement facilities at which crude oil described in paragraph (1) was refined.