Section 1 Short title
This Act may be cited as the “No Emergency Crude Oil for Foreign Adversaries Act”.
No Emergency Crude Oil for Foreign Adversaries Act
A BILL
To 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.
Sec. 2 Condition on auction of crude oil from the Strategic Petroleum Reserve
Definitions— In this section:
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.
Secretary— The term Secretary means the Secretary of Energy.
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.).
Prohibition on export of SPR crude oil to certain countries—
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—
the People’s Republic of China;
the Russian Federation;
the Democratic People’s Republic of Korea; or
the Islamic Republic of Iran.
Waiver—
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.
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.
Applications—
In general— A bidder desiring a waiver under subparagraph (A) shall submit to the Secretary an application—
not later than the date that is 30 days before the date of the applicable auction; and
in such form and containing such information as the Secretary may require.
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.
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—
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
the ownership of the refinement facilities at which crude oil described in paragraph (1) was refined.