I 
118TH CONGRESS 
1ST SESSION H. R. 3488 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2023 
Mr. ESPAILLAT (for himself, Ms. CLARKE of New York, Mr. HUFFMAN, and 
Ms. BROWNLEY) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Energy Policy and Conservation Act to rein-
state the ban on the export of crude oil and natural 
gas produced in the United States, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Block All New Fossil 
Fuel Exports Act’’ or the ‘‘BAN Fossil Fuel Exports 
Act’’. 
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SEC. 2. DOMESTIC USE OF ENERGY SUPPLIES AND RE-
LATED MATERIALS AND EQUIPMENT. 
(a) IN GENERAL.—The Energy Policy and Conserva-
tion Act (42 U.S.C. 6201 et seq.) is amended by inserting 
after section 101 the following: 
‘‘SEC. 102. DOMESTIC USE OF ENERGY SUPPLIES AND RE-
LATED 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 
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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 de-
termines 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 amend-
ment to the rule; and 
‘‘(ii) may be based on— 
‘‘(I) the purpose for export; 
‘‘(II) the class of seller or pur-
chaser; 
‘‘(III) the country of destination; 
or 
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‘‘(IV) any other reasonable clas-
sification or basis that the President 
determines to be— 
‘‘(aa) appropriate; and 
‘‘(bb) consistent with— 
‘‘(AA) the national in-
terest; 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 ex-
ports 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 im-
pose restrictions under paragraph (1) pursuant to 
procedures established under the Export Control Re-
form Act of 2018 (50 U.S.C. 4801 et seq.). 
‘‘(d) RESTRICTIONS
AND NATIONAL INTEREST.— 
Any finding by the President pursuant to subsection (a) 
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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 uninter-
rupted or unimpaired— 
‘‘(1) exchanges in similar quantity for conven-
ience or increased efficiency of transportation with 
persons or the government of a foreign state; 
‘‘(2) temporary exports for convenience or in-
creased 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 of title 5, United States 
Code, shall apply with respect to the promulgation 
of any rule pursuant to this section. 
‘‘(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 of title 5, United States Code, only if the 
President determines that compliance with the 
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requirements may seriously impair the ability of 
the President to impose effective and timely 
prohibitions on exports. 
‘‘(B) OPPORTUNITY
FOR
COMMENT.—If 
the notice and comment provisions of sub-
chapter II of chapter 5 of title 5, United States 
Code, are waived under subparagraph (A) with 
respect to a rule promulgated under this sec-
tion, the President shall provide interested per-
sons an opportunity to comment on the rule as 
soon as practicable after the date on which the 
rule is promulgated. 
‘‘(3) ENFORCEMENT
AND
PENALTY
PROVI-
SIONS.—If the President determines to request the 
Secretary of Commerce to impose specified restric-
tions pursuant to subsection (c), the enforcement 
and penalty provisions of the Export Control Reform 
Act of 2018 (50 U.S.C. 4801 et seq.) shall apply to 
any violation of the restrictions.’’. 
(b) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) CLERICAL AMENDMENT.—The table of con-
tents 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.’’. 
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(2) CONFORMING
AMENDMENT.—Section 101 
of division O of the Consolidated Appropriations Act, 
2016 (42 U.S.C. 6212a), is amended by striking 
subsections (b) through (d). 
Æ 
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