II 

114TH CONGRESS 

1ST SESSION S. 1372 

To repeal the crude oil export ban, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2015 

Ms. HEITKAMP (for herself, Ms. MURKOWSKI, Mr. MANCHIN, and Mr. 

CORKER) introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To repeal the crude oil export ban, 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 ‘‘American Crude Oil 

5 Export Equality Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the United States has enjoyed a renaissance 

9 in energy production— 

10 (A) increasing domestic investment and 

11 jobs; and 


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1 (B) establishing the United States as a 

2 world leader in crude oil production; 

3 (2) the United States upholds a commitment to 

4 free trade and open markets and has consistently 

5 opposed attempts by other nations to restrict the 

6 free flow of energy; 

7 (3) independent studies have concluded that al8 lowing the export of domestically produced crude 

9 oil— 

10 (A) will increase the globally available sup11 ply of crude oil; and 

12 (B) will tend to reduce domestic prices for 

13 gasoline and other refined petroleum products 

14 in the United States; 

15 (4) gasoline and other refined petroleum prod16 ucts are already eligible for export from the United 

17 States without restriction; 

18 (5) gasoline prices in the United States reflect 

19 the price paid on the global market for crude oil and 

20 not a separate crude oil price in the United States; 

21 (6) exports of crude oil produced in the United 

22 States would provide an alternative stable supplier 

23 for crude oil to allies of the United States around 

24 the world— 


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1 (A) allowing United States crude oil ex2 ports to compete on equal footing with other 

3 international crudes; 

4 (B) allowing United States crude oil ex5 ports to compete with and potentially displace 

6 crude oil exports from Iran, as potential easing 

7 of sanctions could lead to Iran regaining mar8 ket share; 

9 (C) facilitating assistance to the countries 

10 of Europe and Eurasia to diversify their energy 

11 sources and achieve energy security by pro12 viding another option to protect against possible 

13 unstable supply flows; and 

14 (D) allowing the United States to use na15 tional energy policy to further United States in16 terests abroad; and 

17 (7) the United States should remove all restric18 tions on the export of domestically produced crude 

19 oil or crude oil of any origin, which will increase eco20 nomic benefits, enhance energy security, improve the 

21 trade deficit, and promote key national security in22 terests of the United States domestically and around 

23 the world. 


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1 SEC. 3. CRUDE OIL EXPORTS. 

2 (a) REPEAL OF PRESIDENTIAL AUTHORITY TO RE3 STRICT OIL EXPORTS.— 

4 (1) IN GENERAL.—Section 103 of the Energy 

5 Policy and Conservation Act (42 U.S.C. 6212) is re6 pealed. 

7 (2) CONFORMING AMENDMENTS.— 

8 (A) The table of contents for the Energy 

9 Policy and Conservation Act is amended by 

10 striking the item relating to section 103. 

11 (B) The Energy Policy and Conservation 

12 Act is amended— 

13 (i) in section 251 (42 U.S.C. 6271)— 

14 (I) by striking subsection (d); 

15 and 

16 (II) by redesignating subsection 

17 (e) as subsection (d); and 

18 (ii) in section 523(a)(1) (42 U.S.C. 

19 6393(a)(1)), by striking ‘‘(other than sec20 tion 103 thereof)’’. 

21 (C) Section 12 of the Alaska Natural Gas 

22 Transportation Act of 1976 (15 U.S.C. 719j) is 

23 amended— 

24 (i) by striking ‘‘and section 103 of the 

25 Energy Policy and Conservation Act’’; and 


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1 (ii) by striking ‘‘such Acts’’ and in2 serting ‘‘that Act’’. 

3 (b) REPEAL OF LIMITATIONS ON EXPORTS OF OIL.— 

4 (1) IN GENERAL.—Section 28 of the Mineral 

5 Leasing Act (30 U.S.C. 185) is amended— 

6 (A) by striking subsection (u); and 

7 (B) by redesignating subsections (v) 

8 through (y) as subsections (u) through (x), re9 spectively. 

10 (2) CONFORMING AMENDMENTS.— 

11 (A) Section 1107(c) of the Alaska National 

12 Interest Lands Conservation Act (16 U.S.C. 

13 3167(c)) is amended by striking ‘‘(u) through 

14 (y)’’ and inserting ‘‘(u) through (x)’’. 

15 (B) The Deepwater Port Act of 1974 is 

16 amended— 

17 (i) in section 3(9)(A) (33 U.S.C. 

18 1502(9)(A)), by striking ‘‘except as other19 wise provided in section 23,’’; and 

20 (ii) by striking section 23 (33 U.S.C. 

21 1522). 

22 (C) Section 203(c) of the Trans-Alaska 

23 Pipeline Authorization Act (43 U.S.C. 1652(c)) 

24 is amended in the first sentence by striking 


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1 ‘‘(w)(2), and (x))’’ and inserting ‘‘(v)(2), and 

2 (w))’’. 

3 (D) Section 509(c) of the Public Utility 

4 Regulatory Policies Act of 1978 (43 U.S.C. 

5 2009(c)) is amended by striking ‘‘subsection 

6 (w)(2)’’ and inserting ‘‘subsection (v)(2)’’. 

7 (c) REPEAL OF LIMITATIONS ON EXPORT OF OCS 

8 OIL OR GAS.—Section 28 of the Outer Continental Shelf 

9 Lands Act (43 U.S.C. 1354) is repealed. 

10 (d) TERMINATION OF LIMITATION ON EXPORTATION

11 OF CRUDE OIL.—Section 7(d) of the Export Administra12 tion Act of 1979 (50 U.S.C. App. 2406(d)) (as continued 

13 in effect pursuant to the International Emergency Eco14 nomic Powers Act (50 U.S.C. 1701 et seq.)) shall have 

15 no force or effect. 

16 (e) CLARIFICATION OF CRUDE OIL REGULATION.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), section 754.2 of title 15, Code of Federal 

19 Regulations (relating to crude oil) shall have no 

20 force or effect. 

21 (2) LIMITATION.—With respect to the export of 

22 crude oil from the Strategic Petroleum Reserve, the 

23 regulation referred to in paragraph (1) (as in effect 

24 on the date that is 1 day before the date of enactVerDate Sep 11 2014 23:38 May 26, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1372.IS S1372

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1 ment of this Act) shall continue in full force and ef2 fect. 

3 (3) CRUDE OIL LICENSE REQUIREMENTS.—A li4 cense to export to a country crude oil (as the term 

5 is defined in subsection (a) of the regulation referred 

6 to in paragraph (1)) (as in effect on the date that 

7 is 1 day before the date of enactment of this Act), 

8 shall be required from the Bureau of Industry and 

9 Security of the Department of Commerce, after con10 sultation with other relevant agencies, only if— 

11 (A) the country is subject to sanctions or 

12 trade restrictions imposed by the United States; 

13 (B) the President or Congress has des14 ignated the country as subject to exclusion for 

15 reasons of national security; or 

16 (C) the export concerns the withdrawal of 

17 crude oil from the Strategic Petroleum Reserve. 

18 (f) EFFECT.—Except as provided in section 4, any 

19 provision of law or regulation that curtails, limits, delays, 

20 or otherwise restricts the export of crude oil shall have 

21 no force or effect. 

22 SEC. 4. EXCEPTIONS AND PRESIDENTIAL AUTHORITY. 

23 (a) IN GENERAL.—The President may impose export 

24 licensing requirements or other restrictions on the export 


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1 of crude oil from the United States for a period of not 

2 more than 1 year, if— 

3 (1) the President declares a national emergency 

4 and formally notices the declaration of a national 

5 emergency in the Federal Register; 

6 (2) the export licensing requirements or other 

7 restrictions on the export of crude oil from the 

8 United States under this section apply to 1 or more 

9 countries, persons, or organizations in the context of 

10 sanctions or trade restrictions imposed by the 

11 United States for reasons of national security by the 

12 Executive authority of the President or by Congress; 

13 or 

14 (3) the Secretary of Commerce, in consultation 

15 with the Secretary of Energy, finds and reports to 

16 the President that— 

17 (A) the export of crude oil pursuant to this 

18 Act has caused sustained material oil supply 

19 shortages or sustained oil prices significantly 

20 above world market levels that are directly at21 tributable to the export of crude oil produced in 

22 the United States; and 

23 (B) those supply shortages or price in24 creases have caused or are likely to cause susVerDate Sep 11 2014 23:38 May 26, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1372.IS S1372

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1 tained material adverse employment effects in 

2 the United States. 

3 (b) RENEWAL.—Any requirement or restriction im4 posed pursuant to paragraph (1) may be renewed for 1 

5 or more additional periods of not more than 1 year each. 

6 SEC. 5. GAO REVIEW AND REPORT. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this Act, and annually thereafter for 

9 2 years, the Comptroller General of the United States 

10 shall conduct a review of— 

11 (1) energy production in the United States; and 

12 (2) the effects, if any, of crude oil exports from 

13 the United States on consumers, independent refin14 ers, and shipbuilding and ship repair yards. 

15 (b) CONTENTS OF REPORT.—Not later than 1 year 

16 after commencing each review under subsection (a), the 

17 Comptroller General of the United States shall submit to 

18 the Committees on Energy and Natural Resources, Bank19 ing, Housing, and Urban Affairs, Commerce, Science, and 

20 Transportation, and Foreign Relations of the Senate and 

21 the Committees on Natural Resources, Energy and Com22 merce, Financial Services, and Foreign Affairs of the 

23 House of Representatives a report that includes— 

24 (1) a statement of the principal findings of the 

25 review; and 


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1 (2) recommendations for Congress and the 

2 President to address any job loss in the shipbuilding 

3 and ship repair industry or adverse impacts on con4 sumers and refiners that the Comptroller General of 

5 the United States attributes to unencumbered crude 

6 oil exports in the United States. 

Æ 


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