No Emergency Crude Oil for Foreign Adversaries Act

Subjects: Energy, Asia, China, Congressional oversight, Energy storage, supplies, demand, Europe, Iran, Middle East, North Korea, Oil and gas, Russia, Strategic materials and reserves, Trade restrictions

Summary:  <p><b>No Emergency Crude Oil for Foreign Adversaries Act</b></p> <p>This bill prohibits exports of crude oil from the Strategic Petroleum Reserve (SPR) to China, Russia, North Korea, and Iran. Specifically, the bill directs the Department of Energy (DOE) to require as a condition of any sale of crude oil from the SPR that the oil not be exported to such countries. However, DOE may issue a waiver of the prohibition if the sale of crude oil is in the national security interests of the United States.</p> <p>In addition, DOE must report on (1) the route to destination and place of refinement of all crude oil sold at auction from the SPR since November 23, 2021, and (2) the ownership of the refinement facilities at which such crude oil was refined.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 283 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 283

To require the Secretary of Energy to stipulate, as a condition on the 
sale at auction of any crude oil from the Strategic Petroleum Reserve, 
that the crude oil not be exported to certain countries, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2023

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

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Energy to stipulate, as a condition on the 
sale at auction of any crude oil from the Strategic Petroleum Reserve, 
that the crude oil not be exported to certain countries, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Emergency Crude Oil for Foreign 
Adversaries Act''.

SEC. 2. CONDITION ON AUCTION OF CRUDE OIL FROM THE STRATEGIC PETROLEUM 
              RESERVE.

    (a) Definitions.--In this section:
            (1) Bidder.--The term ``bidder'' means an individual or 
        entity bidding or intending to bid at an auction of crude oil 
        from the Strategic Petroleum Reserve.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (3) Strategic petroleum reserve.--The term ``Strategic 
        Petroleum Reserve'' means the Strategic Petroleum Reserve 
        established under part B of title I of the Energy Policy and 
        Conservation Act (42 U.S.C. 6231 et seq.).
    (b) Prohibition on Export of SPR Crude Oil to Certain Countries.--
            (1) In general.--Notwithstanding any other provision of 
        law, including section 161 of the Energy Policy and 
        Conservation Act (42 U.S.C. 6241), and subject to paragraph 
        (2), with respect to the drawdown and sale at auction of any 
        crude oil from the Strategic Petroleum Reserve after the date 
        of enactment of this Act, the Secretary shall require, as a 
        condition of any such sale, that the crude oil not be exported 
        to--
                    (A) the People's Republic of China;
                    (B) the Russian Federation;
                    (C) the Democratic People's Republic of Korea; or
                    (D) the Islamic Republic of Iran.
            (2) Waiver.--
                    (A) In general.--On application by a bidder, the 
                Secretary may waive, prior to the date of the 
                applicable auction, the condition described in 
                paragraph (1) with respect to the sale of crude oil to 
                that bidder at that auction.
                    (B) Requirement.--The Secretary may issue a waiver 
                under subparagraph (A) only if the Secretary determines 
                that the waiver is in the interest of the national 
                security of the United States.
                    (C) Applications.--
                            (i) In general.--A bidder desiring a waiver 
                        under subparagraph (A) shall submit to the 
                        Secretary an application--
                                    (I) not later than the date that is 
                                30 days before the date of the 
                                applicable auction; and
                                    (II) in such form and containing 
                                such information as the Secretary may 
                                require.
                            (ii) Deadline for decision.--The Secretary 
                        shall determine whether to approve or deny an 
                        application submitted under clause (i) by the 
                        date that is 30 days after the date on which 
                        the application is submitted.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committees on Energy and 
Commerce and Natural Resources of the House of Representatives a report 
describing--
            (1) the route to destination and place of refinement of all 
        crude oil sold at auction from the Strategic Petroleum Reserve 
        since November 23, 2021; and
            (2) the ownership of the refinement facilities at which 
        crude oil described in paragraph (1) was refined.
                                 &lt;all&gt;
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