II 118THCONGRESS 1 STSESSION S. 11 To amend the Energy Policy and Conservation Act to require the Secretary of Energy to stipulate, as a condition on the sale at auction of any petroleum products from the Strategic Petroleum Reserve, that the petro- leum products not be exported to certain countries, to prohibit such sales to certain state-owned entities, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY23 (legislative day, JANUARY3), 2023 Mr. B ARRASSO(for himself and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources A BILL To amend the Energy Policy and Conservation Act to require the Secretary of Energy to stipulate, as a condition on the sale at auction of any petroleum products from the Strategic Petroleum Reserve, that the petroleum prod- ucts not be exported to certain countries, to prohibit such sales to certain state-owned entities, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:54 Jan 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S11.IS S11 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 11 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Secure Auction For 2 Energy Reserves Act of 2023’’ or the ‘‘SAFER Act of 3 2023’’. 4 SEC. 2. PROHIBITION ON EXPORT OF STRATEGIC PETRO-5 LEUM RESERVE PETROLEUM PRODUCTS TO 6 CERTAIN COUNTRIES AND SALES TO CER-7 TAIN STATE-OWNED ENTITIES. 8 Section 161(i) of the Energy Policy and Conservation 9 Act (42 U.S.C. 6241(i)) is amended— 10 (1) by striking ‘‘(i) Notwithstanding any other 11 law’’ and inserting the following: 12 ‘‘(i) R EFINE OREXCHANGEOUTSIDE THEUNITED 13 S TATES.— 14 ‘‘(1) I N GENERAL.—Notwithstanding any other 15 provision of law and subject to paragraphs (2) and 16 (3)’’; and 17 (2) by adding at the end the following: 18 ‘‘(2) P ROHIBITION ON EXPORT OF STRATEGIC 19 PETROLEUM RESERVE PETROLEUM PRODUCTS TO 20 CERTAIN COUNTRIES .—Notwithstanding any other 21 provision of law, with respect to the drawdown and 22 sale at auction of any petroleum products from the 23 Reserve under this section after the date of enact-24 ment of this paragraph, the Secretary shall require, 25 as a condition of the sale, that the petroleum prod-26 VerDate Sep 11 2014 02:54 Jan 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S11.IS S11 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 11 IS ucts not be exported to a country that is designated 1 as a country of particular concern for religious free-2 dom under clause (ii) of section 402(b)(1)(A) of the 3 International Religious Freedom Act of 1998 (22 4 U.S.C. 6442(b)(1)(A)). 5 ‘‘(3) R EQUIREMENTS APPLICABLE TO CERTAIN 6 STATE-OWNED ENTITIES .—Notwithstanding any 7 other provision of law, with respect to the drawdown 8 and sale at auction of any petroleum products from 9 the Reserve under this section after the date of en-10 actment of this paragraph, if the Secretary deter-11 mines that, as of the date of the auction, there is 12 in effect a United States ban on, or the imposition 13 of sanctions by the United States with respect to, 14 the purchase of crude oil from 1 or more countries— 15 ‘‘(A) to be eligible to bid in the auction, a 16 state-owned entity shall submit to the Secretary 17 a certification that the state-owned entity has 18 not purchased petroleum products from any 19 country subject to such a ban or sanctions later 20 than 15 days after the date on which the ban 21 or sanctions went into effect; and 22 ‘‘(B) if the Secretary determines that a 23 state-owned entity participating in the auction 24 has purchased crude oil from a country subject 25 VerDate Sep 11 2014 02:54 Jan 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S11.IS S11 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 11 IS to such a ban or sanctions later than 15 days 1 after the date on which the ban or sanctions 2 went into effect, the Secretary shall not sell pe-3 troleum products from the Reserve to the state- 4 owned entity under the auction.’’. 5 Æ VerDate Sep 11 2014 02:54 Jan 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S11.IS S11 pbinns on DSKJLVW7X2PROD with $$_JOB