II 

117TH CONGRESS 

2D SESSION S. 3714 

To prioritize United States energy independence, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2022 

Mr. HAWLEY (for himself, Mr. GRASSLEY, Mr. HAGERTY, and Mr. 

TUBERVILLE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To prioritize United States energy independence, 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 Energy Inde5 pendence Act of 2022’’. 

6 SEC. 2. POLICY. 

7 It shall be the policy of the United States— 

8 (1) to secure energy independence; 

9 (2) to provide people in the United States with 

10 stable, affordable, and reliable energy prices, includVerDate Sep 11 2014 07:41 Mar 01, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3714.IS S3714

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1 ing gasoline, diesel, electricity, natural gas, and pro2 pane; 

3 (3) to lift regulations on United States energy 

4 producers; and 

5 (4) to address the impending energy crisis 

6 caused by the illegal invasion by Russia of Ukraine. 

7 SEC. 3. PRIORITIZATION OF UNITED STATES ENERGY INDE8 PENDENCE. 

9 (a) PRESIDENT.—The President shall— 

10 (1) direct the Secretary of Energy, the Admin11 istrator of the Environmental Protection Agency, the 

12 Secretary of Transportation, the Secretary of De13 fense, and the Secretary of the Interior to prioritize 

14 United States energy independence; and 

15 (2) not later than 120 days after the date of 

16 enactment of this Act, develop and submit to Con17 gress, and make publicly available, a plan for the 

18 United States to achieve energy independence by 

19 2024. 

20 (b) SECRETARY OF ENERGY.— 

21 (1) IN GENERAL.—Not later than 120 days 

22 after the date of enactment of this Act, the Sec23 retary of Energy shall develop a program, promul24 gate rules, and issue guidance to ensure that the 

25 United States is— 


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1 (A) energy independent by 2024; and 

2 (B) a net exporter of energy. 

3 (2) HYDRAULIC FRACTURING.—Not later than 

4 120 days after the date of enactment of this Act, the 

5 Secretary of Energy shall review existing programs 

6 of the Department of Energy and promulgate regu7 lations to reduce the regulatory burden on private 

8 United States entities harvesting energy through hy9 draulic fracturing. 

10 (c) DOMESTIC ENERGY INDEPENDENCE.— 

11 (1) IN GENERAL.—Not later than 120 days 

12 after the date of enactment of this Act, the Adminis13 trator of the Environmental Protection Agency (re14 ferred to in this subsection as the ‘‘Administrator’’) 

15 shall— 

16 (A) identify and repeal any regulations 

17 promulgated by the Administrator during the 

18 15-year period preceding the date of enactment 

19 of this Act that have the intent or effect of sub20 stantially reducing the energy independence of 

21 the United States; and 

22 (B) promulgate regulations and issue guid23 ance relating to— 

24 (i) reducing the regulatory burden for 

25 energy producers in the United States; 


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1 (ii) increasing the energy output by 

2 those producers; and 

3 (iii) setting the social cost of carbon 

4 to $0 per metric ton. 

5 (2) PROHIBITION.—The Administrator shall not 

6 propose, finalize, or issue any regulation relating to 

7 climate change if the Administrator determines that 

8 such a regulation will— 

9 (A) reduce the energy security of the 

10 United States; or 

11 (B) increase energy costs for consumers in 

12 the United States. 

13 (d) DEPARTMENT OF TRANSPORTATION.— 

14 (1) REVIEW AND REPORT.—Not later than 120 

15 days after the date of enactment of this Act, the 

16 Secretary of Transportation shall— 

17 (A) conduct a review of all existing pro18 grams of the Department of Transportation re19 lating to transportation prices in the United 

20 States; and 

21 (B) submit to Congress a report on the 

22 stability of transportation prices and the afford23 ability of transportation in the United States. 

24 (2) RULEMAKING.—Not later than 180 days 

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1 retary of Transportation shall promulgate regula2 tions and issue guidance to promote stable and af3 fordable gasoline and diesel prices for commuters in 

4 the United States. 

5 (e) DEPARTMENT OF DEFENSE REPORT.—Not later 

6 than 120 days after the date of enactment of this Act, 

7 the Secretary of Defense shall submit to Congress and 

8 make publicly available a report reviewing the national se9 curity implications of the dependence of the United States 

10 and allied countries on Russian energy exports. 

11 (f) LEASING OF FEDERAL LAND FOR OIL AND NAT12 URAL GAS PRODUCTION.—Not later than 60 days after 

13 the date of enactment of this Act, the Secretary of the 

14 Interior shall— 

15 (1) conduct a review of existing Federal pro16 grams relating to the leasing of Federal land for oil 

17 and natural gas production; and 

18 (2) based on the review, promulgate regulations 

19 and issue guidance— 

20 (A) to promote the leasing of Federal land 

21 for oil and natural gas production; and 

22 (B) to reduce regulatory burdens on en23 ergy companies in the United States. 

24 (g) FEDERAL ENERGY REGULATORY COMMISSION.— 

25 (1) DEFINITIONS.—In this subsection: 


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1 (A) COMMISSION.—The term ‘‘Commis2 sion’’ means the Federal Energy Regulatory 

3 Commission. 

4 (B) COVERED APPLICATION.—The term 

5 ‘‘covered application’’ means an application 

6 submitted to the Commission relating to the 

7 construction, leasing, or operation of 1 or more 

8 pipelines. 

9 (2) REVIEW OF COVERED APPLICATIONS PRE10 VIOUSLY DENIED.—Not later than 120 days after 

11 the date of enactment of this Act, the Commission 

12 shall review and reconsider, in light of the national 

13 security implications of the energy independence of 

14 the United States, all covered applications denied by 

15 the Commission during the 10-year period ending on 

16 the date of enactment of this Act. 

17 (3) PRESUMPTION APPLICABLE TO COVERED

18 APPLICATIONS.— 

19 (A) IN GENERAL.—Subject to subpara20 graph (B), the Commission shall— 

21 (i) presume that all covered applica22 tions received by the Commission during 

23 the period beginning on the date that is 1 

24 year before the date of enactment of this 

25 Act and ending on January 1, 2024, will 


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1 have a positive effect on national security 

2 by contributing to the energy independence 

3 of the United States; and 

4 (ii) consider those covered applications 

5 to be granted, based on that presumption. 

6 (B) REBUTTAL.—The Commission may 

7 overcome the presumption described in subpara8 graph (A) and deny a covered application con9 sidered to be granted under that subparagraph 

10 if the Commission makes competing findings 

11 under any other Act with respect to the na12 tional security implications of the covered appli13 cation. 

14 SEC. 4. ABROGATION OF ENERGY POLICIES. 

15 (a) PROHIBITION ON USE OF FUNDS TO IMPLEMENT

16 THE PARIS AGREEMENT.— 

17 (1) PROHIBITION.— 

18 (A) IN GENERAL.—No funds appropriated 

19 or otherwise made available for fiscal year 2021 

20 or any fiscal year thereafter may be used to im21 plement the Paris Agreement. 

22 (B) INCLUSIONS.—The prohibition under 

23 subparagraph (A) includes the use of funds for 

24 the following: 


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1 (i) Preparing, communicating, or 

2 maintaining nationally determined con3 tributions. 

4 (ii) Funding emissions reductions of 

5 developing countries. 

6 (iii) Developing financial mechanisms 

7 that incentivize offshoring of jobs. 

8 (iv) The Green Climate Fund. 

9 (2) TERMINATION OF PROHIBITION.—The pro10 hibition under paragraph (1) shall terminate on the 

11 date on which the Senate provides advice and con12 sent to the ratification of the Paris Agreement pur13 suant to section 2 of article II of the Constitution 

14 of the United States. 

15 (3) DEFINITION OF PARIS AGREEMENT.—In 

16 this subsection, the term ‘‘Paris Agreement’’ means 

17 the decision by the 21st Conference of the Parties 

18 of the United Nations Framework Convention on 

19 Climate Change in Paris, France, adopted December 

20 12, 2015. 

21 (b) AUTHORIZATION OF KEYSTONE XL PIPELINE.— 

22 (1) AUTHORIZATION.—TransCanada Keystone 

23 Pipeline, L.P. may construct, connect, operate, and 

24 maintain the pipeline facilities at the international 

25 border of the United States and Canada at Phillips 


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1 County, Montana, for the import of oil from Canada 

2 to the United States as described in the Presidential 

3 Permit of March 29, 2019 (84 Fed. Reg. 13101 

4 (April 3, 2019)). 

5 (2) NO PRESIDENTIAL PERMIT REQUIRED.—No 

6 Presidential permit (or similar permit) under Execu7 tive Order 13867 (3 U.S.C. 301 note; relating to the 

8 issuance of permits with respect to facilities and 

9 land transportation crossings at the international 

10 boundaries of the United States), Executive Order 

11 12038 (42 U.S.C. 7151 note; relating to the transfer 

12 of certain functions to the Secretary of Energy), Ex13 ecutive Order 10485 (15 U.S.C. 717b note; relating 

14 to the performance of functions respecting electric 

15 power and natural gas facilities located on United 

16 States borders), or any other Executive order shall 

17 be required for the construction, connection, oper18 ation, or maintenance of the pipeline facilities de19 scribed in paragraph (1). 

20 (c) NULLIFICATION OF CLIMATE CRISIS EXECUTIVE

21 ORDER.—Executive Order 14008 (42 U.S.C. 4321 note; 

22 relating to tackling the climate crisis at home and abroad) 

23 is rescinded and shall have no force or effect. 

24 (d) WATERS OF THE UNITED STATES.— 


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1 (1) DEFINITIONS.—The definitions of the term 

2 ‘‘waters of the United States’’ and the other terms 

3 defined in section 328.3 of title 33, Code of Federal 

4 Regulations (as in effect on June 22, 2020), are en5 acted into law. 

6 (2) CODIFICATION OF NAVIGABLE WATERS PRO7 TECTION RULE.—The final rule of the Corps of En8 gineers and the Environmental Protection Agency 

9 entitled ‘‘The Navigable Waters Protection Rule: 

10 Definition of ‘Waters of the United States’ ’’ (85 

11 Fed. Reg. 22250 (April 21, 2020)) is enacted into 

12 law. 

13 (3) ABROGATION OF PROPOSED RULE.—The 

14 proposed rule of the Corps of Engineers and the En15 vironmental Protection Agency entitled ‘‘Revised 

16 Definition of ‘Waters of the United States’ ’’ (86 

17 Fed. Reg. 69372 (December 7, 2021)) is rescinded 

18 and shall have no force or effect. 

19 (e) ABROGATION OF METHANE RULE.—The pro20 posed rule of the Environmental Protection Agency enti21 tled ‘‘Standards of Performance for New, Reconstructed, 

22 and Modified Sources and Emissions Guidelines for Exist23 ing Sources: Oil and Natural Gas Sector Climate Review’’ 

24 (86 Fed. Reg. 63110 (November 15, 2021)) is rescinded 

25 and shall have no force or effect. 


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1 SEC. 5. REPORT. 

2 Not later than 1 year after the date of enactment 

3 of this Act, the Comptroller General of the United States 

4 shall submit to Congress a report that— 

5 (1) describes the status of United States de6 pendence on foreign countries for energy needs; 

7 (2)(A) describes the compliance of applicable 

8 Federal agencies with this Act; and 

9 (B) evaluates the effect of that compliance on 

10 United States energy independence; and 

11 (3) evaluates the stability and affordability of 

12 energy prices for United States consumers. 

Æ 


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