II 

117TH CONGRESS 

2D SESSION S. 3822 

To prohibit the President from promulgating new oil and gas regulations 

until after Russian troops have withdrawn from Ukraine, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10 (legislative day, MARCH 7), 2022 

Mr. LANKFORD (for himself, Mr. CORNYN, and Mr. SULLIVAN) introduced the 

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

A BILL 

To prohibit the President from promulgating new oil and 

gas regulations until after Russian troops have withdrawn from Ukraine, and for other purposes. 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 ‘‘Energy Regulations 

5 Certainty Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the United States has a demonstrable his9 tory of providing assistance to allies of the United 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3822 IS

1 States when those allies face threats to democracy or 

2 are suffering as a result of geopolitical instability; 

3 (2) the invasion by the Russian Federation of 

4 the sovereign nation of Ukraine on February 24, 

5 2022, threatens the energy security of Ukraine and 

6 other European allies; 

7 (3) Europe relies on Russia for approximately 

8 40 percent of its natural gas and about 25 percent 

9 of its oil; 

10 (4) the United States has demonstrated in re11 cent years that the United States is fully capable 

12 of— 

13 (A) producing sufficient energy resources 

14 domestically to become energy independent; 

15 (B) supplying energy resources to allies of 

16 the United States; and 

17 (C) providing stability in international en18 ergy markets; and 

19 (5) recent and prospective administrative ac20 tions jeopardize the ability of the United States to 

21 continue to serve the role described in paragraph 

22 (4), which is critical to the national security of the 

23 United States and allies of the United States. 

24 SEC. 3. PROHIBITION ON NEW OIL AND GAS REGULATIONS. 

25 (a) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 3822 IS

1 (1) COVERED ACTION.—The term ‘‘covered ac2 tion’’ means— 

3 (A) any provision of Executive Order 

4 13990 (42 U.S.C. 4321 note; relating to pro5 tecting public health and the environment and 

6 restoring science to tackle the climate crisis) 

7 that would impact the cost of energy develop8 ment; 

9 (B) any provision of Executive Order 

10 14008 (42 U.S.C. 4321 note; relating to tack11 ling the climate crisis at home and abroad) that 

12 would impact the cost of energy development; 

13 (C) the final decisions of the Administrator 

14 of the Environmental Protection Agency in the 

15 document entitled ‘‘Review of the Ozone Na16 tional Ambient Air Quality Standards’’ (85 

17 Fed. Reg. 87256 (December 31, 2020)); 

18 (D) the final decisions of the Adminis19 trator of the Environmental Protection Agency 

20 in the document entitled ‘‘Review of the Na21 tional Ambient Air Quality Standards for Par22 ticulate Matter’’ (85 Fed. Reg. 82684 (Decem23 ber 18, 2020)); 

24 (E) the final rule of the Environmental 

25 Protection Agency entitled ‘‘Oil and Natural 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 3822 IS

1 Gas Sector: Emission Standards for New, Re2 constructed, and Modified Sources Reconsider3 ation’’ (85 Fed. Reg. 57398 (September 15, 

4 2020)); 

5 (F) the updated policy statement of the 

6 Federal Energy Regulatory Commission entitled 

7 ‘‘Updated Policy Statement on Certification of 

8 New Interstate Natural Gas Facilities’’ (Docket 

9 No. PL18–1–000 (February 18, 2022); 87 Fed. 

10 Reg. 11548 (March 1, 2022)); 

11 (G) the interim policy statement of the 

12 Federal Energy Regulatory Commission entitled 

13 ‘‘Consideration of Greenhouse Gas Emissions in 

14 Natural Gas Infrastructure Project Reviews’’ 

15 (Docket No. PL21–3–000 (February 18, 

16 2022)); 

17 (H) the final rule of the Environmental 

18 Protection Agency entitled ‘‘Oil and Natural 

19 Gas Sector: Emission Standards for New, Re20 constructed, and Modified Sources Review’’ (85 

21 Fed. Reg. 57018 (September 14, 2020)); 

22 (I) the final rule of the Corps of Engineers 

23 and the Environmental Protection Agency enti24 tled ‘‘The Navigable Waters Protection Rule: 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 3822 IS

1 Definition of ‘Waters of the United States’ ’’ 

2 (85 Fed. Reg. 22250 (April 21, 2020)); 

3 (J) Instruction Memorandum No. 2018– 

4 034 of the Department of the Interior entitled 

5 ‘‘Updating Oil and Gas Leasing Reform—Land 

6 Use Planning and Lease Parcel Reviews’’ (Jan7 uary 31, 2018); 

8 (K) the final rule of the Department of the 

9 Interior entitled ‘‘Oil and Gas; Hydraulic Frac10 turing on Federal and Indian Lands; Rescission 

11 of a 2015 Rule’’ (82 Fed. Reg. 61924 (Decem12 ber 29, 2017)); 

13 (L) the document entitled ‘‘Technical Sup14 port Document: Social Cost of Carbon, Meth15 ane, and Nitrous Oxide Interim Estimates 

16 under Executive Order 13990’’, published by 

17 the Interagency Working Group on Social Cost 

18 of Greenhouse Gases, United States Govern19 ment, in February 2021; and 

20 (M) any action by the Board of Governors 

21 of the Federal Reserve System or other Federal 

22 financial regulator that would restrict access to 

23 capital or lending to companies in the oil and 

24 natural gas subsector of critical infrastructure. 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 3822 IS

1 (2) COVERED PERIOD.—The term ‘‘covered pe2 riod’’ means the period— 

3 (A) beginning on the date of enactment of 

4 this Act; and 

5 (B) ending on the date that is 180 days 

6 after the date on which the President deter7 mines that the Russian Federation has with8 drawn all troops from the territory of Ukraine. 

9 (b) PROHIBITIONS.— 

10 (1) IN GENERAL.—During the covered period, 

11 the President shall not carry out, promulgate any 

12 regulations pursuant to, or carry out any policy de13 scribed in or required by, a covered action. 

14 (2) REVERSION.—During the covered period— 

15 (A) all covered actions, including any regu16 lations promulgated, or other agency actions 

17 taken, pursuant to the covered actions, shall 

18 have no force and effect; and 

19 (B) all applicable regulations and agency 

20 policies that were in effect on January 19, 

21 2021, shall have full force and effect. 

22 SEC. 4. KEYSTONE PIPELINE. 

23 TransCanada Keystone Pipeline, L.P. may construct, 

24 connect, operate, and maintain the pipeline facilities at the 

25 international border of the United States and Canada 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 3822 IS

1 under the terms described in the Presidential Permit of 

2 March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)). 

3 SEC. 5. SENSE OF THE SENATE RELATING TO NATURAL GAS 

4 EXPORTS AND OFFSHORE OIL AND GAS 

5 LEASE SALES. 

6 It is the sense of the Senate that— 

7 (1) the Secretary of Energy should act expedi8 tiously to approve applications under subsection (a) 

9 of section 3 of the Natural Gas Act (15 U.S.C. 

10 717b) to export natural gas from the United States 

11 to foreign countries not described in subsection (c) 

12 of that section; 

13 (2) the Attorney General should appeal the de14 cision of the United States District Court for the 

15 District of Columbia in the memorandum opinion 

16 dated January 27, 2022, in Friends of the Earth v. 

17 Haaland, No. 1:21–cv–02317–RC; 

18 (3) not later than June 30, 2022, the Secretary 

19 of the Interior should approve a new final 5-year oil 

20 and gas leasing program under section 18(a) of the 

21 Outer Continental Shelf Lands Act (43 U.S.C. 

22 1344(a)) that includes at least as many lease sales 

23 as are included in the 2017–2022 Outer Continental 

24 Shelf Oil and Gas Leasing Proposed Final Program 

25 (November 2016); and 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 3822 IS

1 (4) the Secretary of State should coordinate 

2 with the energy-producing allies of the United States 

3 to ensure that the resource needs of the energy-inse4 cure allies of the United States are met. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS