II 

118TH CONGRESS 

1ST SESSION S. 283 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2023 

Mr. CRUZ introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Emergency Crude 

5 Oil for Foreign Adversaries Act’’. 

6 SEC. 2. CONDITION ON AUCTION OF CRUDE OIL FROM THE 

7 STRATEGIC PETROLEUM RESERVE. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) BIDDER.—The term ‘‘bidder’’ means an in2 dividual or entity bidding or intending to bid at an 

3 auction of crude oil from the Strategic Petroleum 

4 Reserve. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Energy. 

7 (3) STRATEGIC PETROLEUM RESERVE.—The 

8 term ‘‘Strategic Petroleum Reserve’’ means the 

9 Strategic Petroleum Reserve established under part 

10 B of title I of the Energy Policy and Conservation 

11 Act (42 U.S.C. 6231 et seq.). 

12 (b) PROHIBITION ON EXPORT OF SPR CRUDE OIL

13 TO CERTAIN COUNTRIES.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law, including section 161 of the Energy 

16 Policy and Conservation Act (42 U.S.C. 6241), and 

17 subject to paragraph (2), with respect to the draw18 down and sale at auction of any crude oil from the 

19 Strategic Petroleum Reserve after the date of enact20 ment of this Act, the Secretary shall require, as a 

21 condition of any such sale, that the crude oil not be 

22 exported to— 

23 (A) the People’s Republic of China; 

24 (B) the Russian Federation; 


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1 (C) the Democratic People’s Republic of 

2 Korea; or 

3 (D) the Islamic Republic of Iran. 

4 (2) WAIVER.— 

5 (A) IN GENERAL.—On application by a 

6 bidder, the Secretary may waive, prior to the 

7 date of the applicable auction, the condition de8 scribed in paragraph (1) with respect to the 

9 sale of crude oil to that bidder at that auction. 

10 (B) REQUIREMENT.—The Secretary may 

11 issue a waiver under subparagraph (A) only if 

12 the Secretary determines that the waiver is in 

13 the interest of the national security of the 

14 United States. 

15 (C) APPLICATIONS.— 

16 (i) IN GENERAL.—A bidder desiring a 

17 waiver under subparagraph (A) shall sub18 mit to the Secretary an application— 

19 (I) not later than the date that is 

20 30 days before the date of the applica21 ble auction; and 

22 (II) in such form and containing 

23 such information as the Secretary 

24 may require. 


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1 (ii) DEADLINE FOR DECISION.—The 

2 Secretary shall determine whether to ap3 prove or deny an application submitted 

4 under clause (i) by the date that is 30 

5 days after the date on which the applica6 tion is submitted. 

7 (c) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, the Secretary shall submit to 

9 the Committee on Energy and Natural Resources of the 

10 Senate and the Committees on Energy and Commerce and 

11 Natural Resources of the House of Representatives a re12 port describing— 

13 (1) the route to destination and place of refine14 ment of all crude oil sold at auction from the Stra15 tegic Petroleum Reserve since November 23, 2021; 

16 and 

17 (2) the ownership of the refinement facilities at 

18 which crude oil described in paragraph (1) was re19 fined. 

Æ 


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