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Code · BILL · 115th Congress · S. 2886 (Introduced in Senate) — To amend the Energy Policy and Conservation Act to reinstate the ban on the export of crude oil and natural gas produ... · Sec. 2

Sec. 2. Domestic use of energy supplies and related materials and equipment

780 words·~4 min read·/bill/115/s/2886/is/section-2

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The Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq.) is amended by inserting after section 101 the following: 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— coal, petroleum products, natural gas, or petrochemical feedstocks; and supplies of materials or equipment that the President determines to be necessary— to maintain or further exploration, production, refining, or transportation of energy supplies; or for the construction or maintenance of energy facilities within the United States.
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. 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— the national interest; and the purposes of this Act. An exemption from a rule prohibiting crude oil or natural gas exports under paragraph (1)— shall be— included in the rule; or provided for in an amendment to the rule; and may be based on— the purpose for export; the class of seller or purchaser; the country of destination; or any other reasonable classification or basis that the President determines to be— appropriate; and consistent with— the national interest; and the purposes of this Act. 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— coal, petroleum products, natural gas, or petrochemical feedstocks; and supplies of materials and equipment described in paragraph
(2)of that subsection. 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.)). 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. 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— exchanges in similar quantity for convenience or increased efficiency of transportation with persons or the government of a foreign state; temporary exports for convenience or increased efficiency of transportation across parts of an adjacent foreign state before reentering the United States; and the historical trading relations of the United States with Canada and Mexico. 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. 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. 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. 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. . 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. . 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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