II 118THCONGRESS 2 DSESSION S. 4020 To amend the Energy Policy and Conservation Act to prohibit the export or sale of petroleum products from the Strategic Petroleum Reserve to certain entities, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH21, 2024 Mr. F ETTERMAN(for himself, Ms. ERNST, Mr. CASEY, Mr. BROWN, and Mr. C OTTON) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to pro- hibit the export or sale of petroleum products from the Strategic Petroleum Reserve to certain 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Banning Oil Exports 4 to Foreign Adversaries Act’’. 5 VerDate Sep 11 2014 21:45 Apr 05, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4020.IS S4020 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 4020 IS SEC. 2. PROHIBITION ON CERTAIN EXPORTS. 1 (a) I NGENERAL.—The Energy Policy and Conserva-2 tion Act is amended by inserting after section 163 (42 3 U.S.C. 6243) the following: 4 ‘‘SEC. 164. PROHIBITION ON CERTAIN EXPORTS. 5 ‘‘(a) I NGENERAL.—The Secretary shall prohibit the 6 export or sale of petroleum products drawn down from the 7 Strategic Petroleum Reserve, under any provision of law, 8 to— 9 ‘‘(1) the People’s Republic of China; 10 ‘‘(2) the Democratic People’s Republic of 11 Korea; 12 ‘‘(3) the Russian Federation; 13 ‘‘(4) the Islamic Republic of Iran; 14 ‘‘(5) the Bolivarian Republic of Venezuela; 15 ‘‘(6) the Syrian Arab Republic; 16 ‘‘(7) the Republic of Cuba; and 17 ‘‘(8) any entity owned, controlled, or influenced 18 by— 19 ‘‘(A) a country referred to in any of para-20 graphs (1) through (7); or 21 ‘‘(B) the Chinese Communist Party. 22 ‘‘(b) W AIVER.—The Secretary may issue a waiver of 23 the prohibition described in subsection (a) if the Secretary 24 certifies that any export or sale authorized pursuant to 25 VerDate Sep 11 2014 21:45 Apr 05, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4020.IS S4020 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 4020 IS the waiver is in the national security interests of the 1 United States. 2 ‘‘(c) R ULE.—Not later than 60 days after the date 3 of enactment of the Banning Oil Exports to Foreign Ad-4 versaries Act, the Secretary shall issue a rule to carry out 5 this section.’’. 6 (b) C ONFORMINGAMENDMENTS.— 7 (1) D RAWDOWN AND SALE OF PETROLEUM 8 PRODUCTS.—Section 161(a) of the Energy Policy 9 and Conservation Act (42 U.S.C. 6241(a)) is 10 amended by inserting ‘‘and section 164’’ before the 11 period at the end. 12 (2) C LERICAL AMENDMENT .—The table of con-13 tents for the Energy Policy and Conservation Act is 14 amended by inserting after the item relating to sec-15 tion 163 the following: 16 ‘‘Sec. 164. Prohibition on certain exports.’’. Æ VerDate Sep 11 2014 21:45 Apr 05, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S4020.IS S4020 ssavage on LAPJG3WLY3PROD with BILLS