II 

117TH CONGRESS 

1ST SESSION S. 3353 

To provide solutions to the United States energy crisis, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2021 

Mrs. HYDE-SMITH introduced the following bill; which was read twice and 

referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To provide solutions to the United States energy crisis, 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 ‘‘Domestic Energy Cri5 sis Relief Act’’. 

6 SEC. 2. SENSE OF THE SENATE RELATING TO LOWERING 

7 ENERGY PRICES FOR AMERICAN FAMILIES. 

8 It is the sense of the Senate that the Federal Govern9 ment should implement policies to lower energy prices for 

10 American families and to ensure the resiliency and energy 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 3353 IS

1 independence of the United States by revising the regu2 latory agenda and legislative priorities of the Biden Ad3 ministration that relate to domestic oil and gas develop4 ment, such as by— 

5 (1) supporting the development of additional oil 

6 and gas pipelines to the United States, such as the 

7 Keystone XL Pipeline; 

8 (2) following Federal law and the intent of Con9 gress by imposing sanctions on Nord Stream 2 AG 

10 and all individuals and entities involved in the plan11 ning, construction, or operation of the Nord Stream 

12 2 Pipeline; 

13 (3) withdrawing from the Paris Climate Agree14 ment; 

15 (4) complying with the Outer Continental Shelf 

16 Lands Act (43 U.S.C. 1331 et seq.); and 

17 (5) revising section 208 of Executive Order 

18 14008 (86 Fed. Reg. 7624 (February 1, 2021); re19 lating to tackling the climate crisis at home and 

20 abroad) to allow oil and gas leases in the Gulf of 

21 Mexico and other offshore and onshore Federal 

22 areas. 

23 SEC. 3. OIL AND GAS LEASING. 

24 (a) IN GENERAL.—The Secretary of the Interior shall 

25 immediately resume oil and gas lease sales on Federal land 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 3353 IS

1 in compliance with the Mineral Leasing Act (30 U.S.C. 

2 181 et seq.). 

3 (b) PROHIBITION.—The President shall not, through 

4 Executive order or any other administrative procedure, 

5 pause, cancel, delay, defer, or otherwise impede or cir6 cumvent the Federal energy mineral leasing processes 

7 under the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

8 or the Outer Continental Shelf Lands Act (43 U.S.C. 

9 1331 et seq.) or a related rulemaking process required by 

10 subchapter II of chapter 5, and chapter 7, of title 5, 

11 United States Code (commonly known as the ‘‘Administra12 tive Procedure Act’’), without Congressional approval. 

13 SEC. 4. AUTHORIZATION OF KEYSTONE PIPELINE. 

14 (a) IN GENERAL.—TransCanada Keystone Pipeline, 

15 L.P. may construct, connect, operate, and maintain pipe16 line facilities at the international border of the United 

17 States and Canada in Phillips County, Montana, for the 

18 import of oil from Canada to the United States as de19 scribed in the Presidential Permit of March 29, 2019 (84 

20 Fed. Reg. 13101 (April 3, 2019)). 

21 (b) NO PRESIDENTIAL PERMIT REQUIRED.—No 

22 Presidential permit (or similar permit) under any Execu23 tive order shall be required for the construction, connec24 tion, operation, or maintenance of the pipeline facilities 

25 described in subsection (a). 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 3353 IS

1 SEC. 5. FEDERAL SHARE OF CERTAIN OIL AND GAS 

2 PROJECTS. 

3 (a) DEFINITION OF COVERED PROJECT.—In this sec4 tion, the term ‘‘covered project’’ means a project to con5 duct oil and gas resource assessments on Federal land 

6 with significant oil and gas potential. 

7 (b) FEDERAL SHARE.—With respect to a covered 

8 project carried out jointly by a State and the Secretary 

9 of the Interior, the Federal share of the cost of the covered 

10 project shall be not less than 50 percent. 

11 SEC. 6. USE OF UNITED STATES WORKERS AND EQUIPMENT 

12 MANUFACTURED IN THE UNITED STATES. 

13 When practicable, the Secretary of the Interior shall 

14 encourage the use of United States workers and equip15 ment manufactured in the United States in all construc16 tion activities carried out by the Secretary relating to min17 eral resource development. 

18 SEC. 7. REPORT ON INTERNATIONAL REGULATION OF EN19 ERGY COMMODITY FUTURES AND DERIVA20 TIVES. 

21 (a) IN GENERAL.—The Commodity Futures Trading 

22 Commission shall conduct a study on the international re23 gime for regulating trading in energy commodity futures 

24 and derivatives. 

25 (b) ANALYSIS.—The study conducted under sub26 section (a) shall include an analysis of, at a minimum— 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 3353 IS

1 (1) key common features and differences among 

2 countries in the regulation of energy commodity 

3 trading, including with respect to market oversight 

4 and enforcement; 

5 (2) agreements and practices for sharing mar6 ket and trading data; 

7 (3) the use of position limits or thresholds to 

8 detect and prevent price manipulation, excessive 

9 speculation described in section 4a(a) of the Com10 modity Exchange Act (7 U.S.C. 6a(a)), or other un11 fair trading practices; 

12 (4) practices regarding the identification of 

13 commercial and noncommercial trading and the ex14 tent of market speculation; and 

15 (5) agreements and practices for facilitating 

16 international cooperation on market oversight, com17 pliance, and enforcement. 

18 (c) REPORT.—Not later than 120 days after the date 

19 of enactment of this Act, the Commodity Futures Trading 

20 Commission shall submit to the Committee on Agriculture, 

21 Nutrition, and Forestry of the Senate and the Committee 

22 on Agriculture of the House of Representatives a report 

23 that— 

24 (1) describes the results of the study conducted 

25 under that subsection; and 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 3353 IS

1 (2) provides recommendations to improve open2 ness, transparency, and other necessary elements of 

3 a properly functioning market. 

4 SEC. 8. REPORTING AND RECORDKEEPING. 

5 (a) IN GENERAL.—Section 4g of the Commodity Ex6 change Act (7 U.S.C. 6g) is amended by adding at the 

7 end the following: 

8 ‘‘(g) INDEX TRADERS AND SWAP DEALERS.—The 

9 Commission shall— 

10 ‘‘(1) not later than 180 days after the date of 

11 enactment of this subsection, issue a proposed rule 

12 regarding routine reporting requirements for index 

13 traders (as defined by the Commission) and swap 

14 dealers in energy and agricultural transactions (as 

15 defined by the Commission) within the jurisdiction 

16 of the Commission; 

17 ‘‘(2) not later than 270 days after the date of 

18 enactment of this subsection, issue a final rule re19 garding the reporting requirements described in 

20 paragraph (1); and 

21 ‘‘(3) subject to section 8, disaggregate and 

22 make publicly available monthly information on the 

23 positions and value of index funds and other passive, 

24 long-only positions in the energy and agricultural fu25 tures markets (as defined by the Commission).’’. 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 3353 IS

1 (b) REPORT.—Not later than 90 days after the date 

2 of enactment of this Act, the Commodity Futures Trading 

3 Commission shall submit to the Committee on Agriculture 

4 of the House of Representatives and the Committee on 

5 Agriculture, Nutrition, and Forestry of the Senate a re6 port describing— 

7 (1) the scope of commodity index trading in the 

8 futures markets; 

9 (2) whether classification of index traders and 

10 swap dealers in the futures markets can be improved 

11 for regulatory and reporting purposes; and 

12 (3) whether, based on a review of the trading 

13 practices for index traders in the futures markets— 

14 (A) index trading activity is adversely im15 pacting the price discovery process in the fu16 tures markets; and 

17 (B) different practices and controls should 

18 be required. 

19 SEC. 9. HIRING OF EMPLOYEES FOR IMPROVED OVER20 SIGHT AND ENFORCEMENT. 

21 As soon as practicable after the date of enactment 

22 of this Act, the Commodity Futures Trading Commission 

23 shall hire not fewer than 50 additional full-time employ24 ees— 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 3353 IS

1 (1) to increase the public transparency of oper2 ations in energy futures markets; 

3 (2) to improve enforcement in those markets; 

4 and 

5 (3) to carry out such other duties as the Com6 mission determines to be appropriate. 

7 SEC. 10. GULF OF MEXICO OUTER CONTINENTAL SHELF 

8 REVENUES. 

9 (a) DEFINITION OF QUALIFIED OUTER CONTI10 NENTAL SHELF REVENUES.—Section 102(9)(A) of the 

11 Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 

12 1331 note; Public Law 109–432) is amended— 

13 (1) in clause (i)(II), by striking ‘‘and’’ after the 

14 semicolon; 

15 (2) in clause (ii)— 

16 (A) in the matter preceding subclause (I), 

17 by striking ‘‘fiscal year 2017 and each fiscal 

18 year thereafter’’ and inserting ‘‘each of fiscal 

19 years 2017 through 2021’’; and 

20 (B) in subclause (III), by striking the pe21 riod and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(iii) in the case of fiscal year 2022 

24 and each fiscal year thereafter, all rentals, 

25 royalties, bonus bids, and other sums due 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 3353 IS

1 and payable to the United States received 

2 on or after October 1, 2021, from leases 

3 entered into on or after October 1, 2000, 

4 for— 

5 ‘‘(I) the 181 Area; 

6 ‘‘(II) the 181 South Area; and 

7 ‘‘(III) the 2002–2007 planning 

8 area.’’. 

9 (b) DISPOSITION OF QUALIFIED OUTER CONTI10 NENTAL SHELF REVENUES.— 

11 (1) IN GENERAL.—Section 105(a) of the Gulf 

12 of Mexico Energy Security Act of 2006 (43 U.S.C. 

13 1331 note; Public Law 109–432) is amended— 

14 (A) in paragraph (1), by striking ‘‘50’’ and 

15 inserting ‘‘37.5’’; and 

16 (B) in paragraph (2)— 

17 (i) in the matter preceding subpara18 graph (A), by striking ‘‘50’’ and inserting 

19 ‘‘62.5’’; 

20 (ii) in subparagraph (A), by striking 

21 ‘‘75’’ and inserting ‘‘80’’; and 

22 (iii) in subparagraph (B), by striking 

23 ‘‘25’’ and inserting ‘‘20’’. 

24 (2) LIMITATIONS ON AMOUNT OF DISTRIBUTED

25 QUALIFIED OUTER CONTINENTAL SHELF REVEVerDate Sep 11 2014 22:11 Dec 16, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3353.IS S3353

pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 3353 IS

1 NUES.—Section 105(f) of the Gulf of Mexico Energy 

2 Security Act of 2006 (43 U.S.C. 1331 note; Public 

3 Law 109–432) is amended— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A), by adding 

6 ‘‘and’’ after the semicolon; 

7 (ii) in subparagraph (B), by striking 

8 ‘‘; and’’ and inserting a period; and 

9 (iii) by striking subparagraph (C); 

10 and 

11 (B) in paragraph (2), by striking ‘‘2055’’ 

12 and inserting ‘‘2021’’. 

13 (c) EXEMPTION OF CERTAIN PAYMENTS FROM SE14 QUESTRATION.— 

15 (1) IN GENERAL.—Section 255(g)(1)(A) of the 

16 Balanced Budget and Emergency Deficit Control 

17 Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by 

18 inserting after ‘‘Payments to Social Security Trust 

19 Funds (28–0404–0–1–651).’’ the following: 

20 ‘‘Payments to States pursuant to section 

21 105(a)(2)(A) of the Gulf of Mexico Energy Se22 curity Act of 2006 (Public Law 109–432; 43 

23 U.S.C. 1331 note) (014–5535–0–2–302).’’. 

24 (2) APPLICABILITY.—The amendment made by 

25 this subsection shall apply to any sequestration 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 3353 IS

1 order issued under the Balanced Budget and Emer2 gency Deficit Control Act of 1985 (2 U.S.C. 900 et 

3 seq.) on or after the date of enactment of this Act. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS