BAN Fossil Fuel Exports Act

To amend the Energy Policy and Conservation Act to reinstate the ban on the export of crude oil and natural gas produced in the United States, and for other purposes. 1. Short title This Act may be cited as the Block All New Fossil Fuel Exports Act BAN Fossil Fuel Exports Act 2. Domestic use of energy supplies and related materials and equipment (a) In general The Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. 102. Domestic use of energy supplies and related materials and equipment (a) Export restrictions The President, by rule, under such terms and conditions as the President determines to be appropriate and necessary to carry out the purposes of this Act, may restrict exports of— (1) coal, petroleum products, natural gas, or petrochemical feedstocks; and (2) supplies of materials or equipment that the President determines to be necessary— (A) to maintain or further exploration, production, refining, or transportation of energy supplies; or (B) for the construction or maintenance of energy facilities within the United States. (b) Prohibition of export of crude oil and natural gas (1) Rule Subject to paragraph (2), the President shall exercise the authority provided under subsection (a) to promulgate a rule prohibiting the export of crude oil and natural gas produced in the United States. (2) Exemptions (A) In general In accordance with subparagraph (A), the President may exempt from a prohibition on the export of crude oil and natural gas under paragraph (1) any crude oil or natural gas exports that the President determines to be consistent with— (i) the national interest; and (ii) the purposes of this Act. (B) Requirements An exemption from a rule prohibiting crude oil or natural gas exports under paragraph (1)— (i) shall be— (I) included in the rule; or (II) provided for in an amendment to the rule; and (ii) may be based on— (I) the purpose for export; (II) the class of seller or purchaser; (III) the country of destination; or (IV) any other reasonable classification or basis that the President determines to be— (aa) appropriate; and (bb) consistent with— (AA) the national interest; and (BB) the purposes of this Act. (c) Imposition of restrictions (1) In general In order to implement any rule promulgated under subsection (a), the President may direct the Secretary of Commerce to impose such restrictions as are specified in the rule on exports of— (A) coal, petroleum products, natural gas, or petrochemical feedstocks; and (B) supplies of materials and equipment described in paragraph (2) of that subsection. (2) Procedures The Secretary shall impose restrictions under paragraph (1) pursuant to procedures established under the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. (d) Restrictions and national interest Any finding by the President pursuant to subsection (a) or (b) and any action taken by the Secretary of Commerce pursuant to those subsections shall take into account the national interest as related to the need to leave uninterrupted or unimpaired— (1) exchanges in similar quantity for convenience or increased efficiency of transportation with persons or the government of a foreign state; (2) temporary exports for convenience or increased efficiency of transportation across parts of an adjacent foreign state before reentering the United States; and (3) the historical trading relations of the United States with Canada and Mexico. (e) Waiver of notice and comment period (1) In general Subject to paragraph (2), subchapter II of chapter 5 (2) Waiver (A) In general The President may waive with respect to the promulgation of any rule pursuant to this section the notice and comment provisions of subchapter II of chapter 5 (B) Opportunity for comment If the notice and comment provisions of subchapter II of chapter 5 (3) Enforcement and penalty provisions If the President determines to request the Secretary of Commerce to impose specified restrictions pursuant to subsection (c), the enforcement and penalty provisions of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. . (b) Clerical and conforming amendments (1) Clerical amendment The table of contents for the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by inserting after the item relating to section 101 the following: 102. Domestic use of energy supplies and related materials and equipment. . (2) Conforming amendment Section 101 of division O of the Consolidated Appropriations Act, 2016 ( 42 U.S.C. 6212a

Summary: Block All New Fossil Fuel Exports Act or the BAN Fossil Fuel Exports ActThis bill requires the President to ban the exportation of crude oil and natural gas produced in the United States. The President may provide an exemption to the ban in specified circumstances.