American Energy Independence Act of 2022
Bill: S.3714 | Sponsor: Sen. Hawley, Josh (R-MO)
Policy area: Energy

Summary:
American Energy Independence Act of 2022
This bill addresses U.S. energy independence, the production and importation of oil and natural gas, and the rescission of specified environmental requirements. Specifically, the bill directs the President to develop a plan for the United States to achieve energy independence by 2024. The Department of Energy (DOE) must also develop a program and issue rules to ensure that the United States achieves such energy independence and becomes a net exporter of energy.
The bill also addresses energy pipelines, including by approving the TransCanada Keystone Pipeline in Phillips County, Montana for the import of oil from Canada to the United States. It also provides for energy production, including by requiring regulations to be issued by
In addition, the Environmental Protection Agency (EPA) must identify and repeal certain regulations that substantially reduce energy independence. Further, the bill prohibits the use of any funds to implement the Paris Agreement on climate change. Finally, the bill rescinds (1) Executive Order 14008 about tackling climate change, (2) the 2021 proposed rule issued by the EPA and the U.S. Army Corps of Engineers about the scope of the Clean Water Act, and (3) the 2021 proposed rule issued by the EPA about methane gas emissions.

To prioritize United States energy independence, 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 ``American Energy Independence Act of 
2022''.

SEC. 2. POLICY.

    It shall be the policy of the United States--
            (1) to secure energy independence;
            (2) to provide people in the United States with stable, 
        affordable, and reliable energy prices, including gasoline, 
        diesel, electricity, natural gas, and propane;
            (3) to lift regulations on United States energy producers; 
        and
            (4) to address the impending energy crisis caused by the 
        illegal invasion by Russia of Ukraine.

SEC. 3. PRIORITIZATION OF UNITED STATES ENERGY INDEPENDENCE.

    (a) President.--The President shall--
            (1) direct the Secretary of Energy, the Administrator of 
        the Environmental Protection Agency, the Secretary of 
        Transportation, the Secretary of Defense, and the Secretary of 
        the Interior to prioritize United States energy independence; 
        and
            (2) not later than 120 days after the date of enactment of 
        this Act, develop and submit to Congress, and make publicly 
        available, a plan for the United States to achieve energy 
        independence by 2024.
    (b) Secretary of Energy.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary of Energy shall develop a 
        program, promulgate rules, and issue guidance to ensure that 
        the United States is--
                    (A) energy independent by 2024; and
                    (B) a net exporter of energy.
            (2) Hydraulic fracturing.--Not later than 120 days after 
        the date of enactment of this Act, the Secretary of Energy 
        shall review existing programs of the Department of Energy and 
        promulgate regulations to reduce the regulatory burden on 
        private United States entities harvesting energy through 
        hydraulic fracturing.
    (c) Domestic Energy Independence.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency (referred to in this subsection as the 
        ``Administrator'') shall--
                    (A) identify and repeal any regulations promulgated 
                by the Administrator during the 15-year period 
                preceding the date of enactment of this Act that have 
                the intent or effect of substantially reducing the 
                energy independence of the United States; and
                    (B) promulgate regulations and issue guidance 
                relating to--
                            (i) reducing the regulatory burden for 
                        energy producers in the United States;
                            (ii) increasing the energy output by those 
                        producers; and
                            (iii) setting the social cost of carbon to 
                        $0 per metric ton.
            (2) Prohibition.--The Administrator shall not propose, 
        finalize, or issue any regulation relating to climate change if 
        the Administrator determines that such a regulation will--
                    (A) reduce the energy security of the United 
                States; or
                    (B) increase energy costs for consumers in the 
                United States.
    (d) Department of Transportation.--
            (1) Review and report.--Not later than 120 days after the 
        date of enactment of this Act, the Secretary of Transportation 
        shall--
                    (A) conduct a review of all existing programs of 
                the Department of Transportation relating to 
                transportation prices in the United States; and
                    (B) submit to Congress a report on the stability of 
                transportation prices and the affordability of 
                transportation in the United States.
            (2) Rulemaking.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        promulgate regulations and issue guidance to promote stable and 
        affordable gasoline and diesel prices for commuters in the 
        United States.
    (e) Department of Defense Report.--Not later than 120 days after 
the date of enactment of this Act, the Secretary of Defense shall 
submit to Congress and make publicly available a report reviewing the 
national security implications of the dependence of the United States 
and allied countries on Russian energy exports.
    (f) Leasing of Federal Land for Oil and Natural Gas Production.--
Not later than 60 days after the date of enactment of this Act, the 
Secretary of the Interior shall--
            (1) conduct a review of existing Federal programs relating 
        to the leasing of Federal land for oil and natural gas 
        production; and
            (2) based on the review, promulgate regulations and issue 
        guidance--
                    (A) to promote the leasing of Federal land for oil 
                and natural gas production; and
                    (B) to reduce regulatory burdens on energy 
                companies in the United States.
    (g) Federal Energy Regulatory Commission.--
            (1) Definitions.--In this subsection:
                    (A) Commission.--The term ``Commission'' means the 
                Federal Energy Regulatory Commission.
                    (B) Covered application.--The term ``covered 
                application'' means an application submitted to the 
                Commission relating to the construction, leasing, or 
                operation of 1 or more pipelines.
            (2) Review of covered applications previously denied.--Not 
        later than 120 days after the date of enactment of this Act, 
        the Commission shall review and reconsider, in light of the 
        national security implications of the energy independence of 
        the United States, all covered applications denied by the 
        Commission during the 10-year period ending on the date of 
        enactment of this Act.
            (3) Presumption applicable to covered applications.--
                    (A) In general.--Subject to subparagraph (B), the 
                Commission shall--
                            (i) presume that all covered applications 
                        received by the Commission during the period 
                        beginning on the date that is 1 year before the 
                        date of enactment of this Act and ending on 
                        January 1, 2024, will have a positive effect on 
                        national security by contributing to the energy 
                        independence of the United States; and
                            (ii) consider those covered applications to 
                        be granted, based on that presumption.
                    (B) Rebuttal.--The Commission may overcome the 
                presumption described in subparagraph (A) and deny a 
                covered application considered to be granted under that 
                subparagraph if the Commission makes competing findings 
                under any other Act with respect to the national 
                security implications of the covered application.

SEC. 4. ABROGATION OF ENERGY POLICIES.

    (a) Prohibition on Use of Funds To Implement the Paris Agreement.--
            (1) Prohibition.--
                    (A) In general.--No funds appropriated or otherwise 
                made available for fiscal year 2021 or any fiscal year 
                thereafter may be used to implement the Paris 
                Agreement.
                    (B) Inclusions.--The prohibition under subparagraph 
                (A) includes the use of funds for the following:
                            (i) Preparing, communicating, or 
                        maintaining nationally determined 
                        contributions.
                            (ii) Funding emissions reductions of 
                        developing countries.
                            (iii) Developing financial mechanisms that 
                        incentivize offshoring of jobs.
                            (iv) The Green Climate Fund.
            (2) Termination of prohibition.--The prohibition under 
        paragraph (1) shall terminate on the date on which the Senate 
        provides advice and consent to the ratification of the Paris 
        Agreement pursuant to section 2 of article II of the 
        Constitution of the United States.
            (3) Definition of paris agreement.--In this subsection, the 
        term ``Paris Agreement'' means the decision by the 21st 
        Conference of the Parties of the United Nations Framework 
        Convention on Climate Change in Paris, France, adopted December 
        12, 2015.
    (b) Authorization of Keystone XL Pipeline.--
            (1) Authorization.--TransCanada Keystone Pipeline, L.P. may 
        construct, connect, operate, and maintain the pipeline 
        facilities at the international border of the United States and 
        Canada at Phillips County, Montana, for the import of oil from 
        Canada to the United States as described in the Presidential 
        Permit of March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)).
            (2) No presidential permit required.--No Presidential 
        permit (or similar permit) under Executive Order 13867 (3 
        U.S.C. 301 note; relating to the issuance of permits with 
        respect to facilities and land transportation crossings at the 
        international boundaries of the United States), Executive Order 
        12038 (42 U.S.C. 7151 note; relating to the transfer of certain 
        functions to the Secretary of Energy), Executive Order 10485 
        (15 U.S.C. 717b note; relating to the performance of functions 
        respecting electric power and natural gas facilities located on 
        United States borders), or any other Executive order shall be 
        required for the construction, connection, operation, or 
        maintenance of the pipeline facilities described in paragraph 
        (1).
    (c) Nullification of Climate Crisis Executive Order.--Executive 
Order 14008 (42 U.S.C. 4321 note; relating to tackling the climate 
crisis at home and abroad) is rescinded and shall have no force or 
effect.
    (d) Waters of the United States.--
            (1) Definitions.--The definitions of the term ``waters of 
        the United States'' and the other terms defined in section 
        328.3 of title 33, Code of Federal Regulations (as in effect on 
        June 22, 2020), are enacted into law.
            (2) Codification of navigable waters protection rule.--The 
        final rule of the Corps of Engineers and the Environmental 
        Protection Agency entitled ``The Navigable Waters Protection 
        Rule: Definition of `Waters of the United States''' (85 Fed. 
        Reg. 22250 (April 21, 2020)) is enacted into law.
            (3) Abrogation of proposed rule.--The proposed rule of the 
        Corps of Engineers and the Environmental Protection Agency 
        entitled ``Revised Definition of `Waters of the United 
        States''' (86 Fed. Reg. 69372 (December 7, 2021)) is rescinded 
        and shall have no force or effect.
    (e) Abrogation of Methane Rule.--The proposed rule of the 
Environmental Protection Agency entitled ``Standards of Performance for 
New, Reconstructed, and Modified Sources and Emissions Guidelines for 
Existing Sources: Oil and Natural Gas Sector Climate Review'' (86 Fed. 
Reg. 63110 (November 15, 2021)) is rescinded and shall have no force or 
effect.

SEC. 5. REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report that--
            (1) describes the status of United States dependence on 
        foreign countries for energy needs;
            (2)(A) describes the compliance of applicable Federal 
        agencies with this Act; and
            (B) evaluates the effect of that compliance on United 
        States energy independence; and
            (3) evaluates the stability and affordability of energy 
        prices for United States consumers.
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