II 

118TH CONGRESS 

1ST SESSION 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 petroleum 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 

JANUARY 23 (legislative day, JANUARY 3), 2023 

Mr. BARRASSO (for himself and Ms. COLLINS) 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 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 products not be exported to certain countries, to prohibit 

such sales to certain state-owned entities, 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, 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 11 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Secure Auction For 

3 Energy Reserves Act of 2023’’ or the ‘‘SAFER Act of 

4 2023’’. 

5 SEC. 2. PROHIBITION ON EXPORT OF STRATEGIC PETRO6 LEUM RESERVE PETROLEUM PRODUCTS TO 

7 CERTAIN COUNTRIES AND SALES TO CER8 TAIN STATE-OWNED ENTITIES. 

9 Section 161(i) of the Energy Policy and Conservation 

10 Act (42 U.S.C. 6241(i)) is amended— 

11 (1) by striking ‘‘(i) Notwithstanding any other 

12 law’’ and inserting the following: 

13 ‘‘(i) REFINE OR EXCHANGE OUTSIDE THE UNITED

14 STATES.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding any other 

16 provision of law and subject to paragraphs (2) and 

17 (3)’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(2) PROHIBITION ON EXPORT OF STRATEGIC

20 PETROLEUM RESERVE PETROLEUM PRODUCTS TO

21 CERTAIN COUNTRIES.—Notwithstanding any other 

22 provision of law, with respect to the drawdown and 

23 sale at auction of any petroleum products from the 

24 Reserve under this section after the date of enact25 ment of this paragraph, the Secretary shall require, 

26 as a condition of the sale, that the petroleum prodVerDate 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

1 ucts not be exported to a country that is designated 

2 as a country of particular concern for religious free3 dom under clause (ii) of section 402(b)(1)(A) of the 

4 International Religious Freedom Act of 1998 (22 

5 U.S.C. 6442(b)(1)(A)). 

6 ‘‘(3) REQUIREMENTS APPLICABLE TO CERTAIN

7 STATE-OWNED ENTITIES.—Notwithstanding any 

8 other provision of law, with respect to the drawdown 

9 and sale at auction of any petroleum products from 

10 the Reserve under this section after the date of en11 actment of this paragraph, if the Secretary deter12 mines that, as of the date of the auction, there is 

13 in effect a United States ban on, or the imposition 

14 of sanctions by the United States with respect to, 

15 the purchase of crude oil from 1 or more countries— 

16 ‘‘(A) to be eligible to bid in the auction, a 

17 state-owned entity shall submit to the Secretary 

18 a certification that the state-owned entity has 

19 not purchased petroleum products from any 

20 country subject to such a ban or sanctions later 

21 than 15 days after the date on which the ban 

22 or sanctions went into effect; and 

23 ‘‘(B) if the Secretary determines that a 

24 state-owned entity participating in the auction 

25 has purchased crude oil from a country subject 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 11 IS

1 to such a ban or sanctions later than 15 days 

2 after the date on which the ban or sanctions 

3 went into effect, the Secretary shall not sell pe4 troleum products from the Reserve to the state5 owned entity under the auction.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB