[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7012 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7012
To provide appropriations for certain activities relating to Ukraine,
prohibit the importation of certain petroleum products from Russia,
Iran, and Venezuela, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 2022
Mrs. Boebert (for herself, Mr. Harris, Mrs. Miller of Illinois, Mr.
Tiffany, and Mr. Bishop of North Carolina) introduced the following
bill; which was referred to the Committee on Natural Resources, and in
addition to the Committees on Energy and Commerce, Ways and Means,
Transportation and Infrastructure, Agriculture, Armed Services, and
Foreign Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide appropriations for certain activities relating to Ukraine,
prohibit the importation of certain petroleum products from Russia,
Iran, and Venezuela, 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 ``Ukraine Assistance and American
Energy Acceleration Act''.
SEC. 2. APPROPRIATIONS FOR DEPARTMENT OF DEFENSE FOR EMERGENCY
ASSISTANCE.
(a) Provision of Defense Assistance to Ukraine.--There is
appropriated, out of any money in the Treasury not otherwise
appropriated, $1,000,000,000 to the Secretary of Defense for fiscal
years 2022 and 2023, to remain available until expended, for
``Procurement, Defense-wide'' to provide the Government of Ukraine the
following:
(1) Small arms, grenade launchers, and ammunition
previously allocated for provision to Afghan Security Forces
under the Afghan Security Forces Fund.
(2) Man-portable missiles and rockets in a ready-to-fire
configuration, including Dragon, Javelin, FIM-92 Stinger
Missiles, and other light anti-tank weapons (66mm), shoulder-
launched multipurpose assault weapon rockets (83mm), M136 (AT4)
anti-armor launchers, and cartridges (84mm).
(3) Night vision devices, including fused panoramic night-
vision goggles, squad binocular night vision goggles, and night
vision and thermal and infrared sights for crew-served weapons.
(4) Unmanned aerial vehicles (tactical and armed) and crew-
served weapons ammunition with low-light and infrared night
sights.
(5) Secure, commercial-off-the-shelf communications
capabilities, including hand-held secure communications
devices.
(6) Individual protective equipment.
(7) Field rations.
(8) Field medical kits.
(b) Provision of Defense Assistance to North Atlantic Treaty
Organization Members.--There is appropriated, out of any money in the
Treasury not otherwise appropriated, $1,000,000,000 to the Secretary of
Defense for fiscal years 2022 and 2023, to remain available until
expended, for ``Procurement, Defense-wide'' to provide the Governments
of the North Atlantic Treaty Organization with planes, tanks,
munitions, and anti-air and anti-tank weaponry to bolster the
deterrence efforts of those Governments against an invasion by the
Russian Federation and to replace equipment donated by those
Governments to the Government of Ukraine.
(c) Procurement of Replacement Defense Articles.--
(1) In general.--There is appropriated, out of any money in
the Treasury not otherwise appropriated, $1,000,000,000 to the
Secretary of Defense for fiscal years 2022 and 2023, to remain
available until expended, for ``Procurement'' to procure
defense articles to replace defense articles transferred to
Ukraine and members of the North Atlantic Treaty Organization.
(2) Definition of defense article.--In this subsection, the
term ``defense article'' has the meaning given that term in
section 47 of the Arms Export Control Act (22 U.S.C. 2794).
SEC. 3. APPROPRIATIONS FOR DEPARTMENT OF STATE FOR EMERGENCY
HUMANITARIAN ASSISTANCE.
(a) International Disaster Assistance.--There is appropriated, out
of any money in the Treasury not otherwise appropriated, $500,000,000
to the Secretary of State for fiscal years 2022 and 2023, to remain
available until expended, for ``International Disaster Assistance'' to
address humanitarian needs in Ukraine due to the impact caused by the
Russian Federation's invasion.
(b) Refugee Relocation Assistance.--There is appropriated, out of
any money in the Treasury not otherwise appropriated, $250,000,000 to
the Secretary of State for fiscal years 2022 and 2023, to remain
available until expended, for ``Refugee Relocation Assistance'' to
provide monetary and personnel assistance for the Polish, Moldovan, and
European Union member states that are accepting Ukrainian refugees.
SEC. 4. APPROPRIATIONS FOR DEPARTMENT OF ENERGY FOR EMERGENCY
ASSISTANCE.
(a) Electrical Grid Integration.--There is appropriated, out of any
money in the Treasury not otherwise appropriated, $30,000,000, to the
Secretary of Energy for fiscal years 2022 and 2023, to remain available
until expended, for ``Electrical Grid Integration'', to integrate the
Ukraine electrical grid European Network of Transmission System
Operators for Electricity.
SEC. 5. PROHIBITION ON IMPORTATION OF RUSSIAN, IRANIAN, AND VENEZUELAN
PETROLEUM PRODUCTS.
(a) Prohibition.--The President shall prohibit the importation of
all petroleum products (as such term is defined in section 3 of the
Energy Policy and Conservation Act (42 U.S.C. 6202)) originating from
Russia, Iran, or Venezuela into the customs territory of the United
States (as such term is defined in General Note 2 of the Harmonized
Tariff Schedule).
(b) Penalties.--The President is authorized to use appropriate
authorities to impose such civil or criminal penalties as may be
necessary to enforce the prohibition under subsection (a).
(c) Appropriate Congressional Committees.--For purposes of this
section, the term ``appropriate congressional committees'' means--
(1) the Speaker of the House of Representatives and the
President pro tempore of the Senate;
(2) the Committee on Appropriations, the Committee on
Foreign Affairs, the Committee on Armed Services, the Committee
on Energy and Commerce, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(3) the Committee on Appropriations, the Committee on
Foreign Relations, the Committee on Armed Services, the
Committee on Energy and Natural Resources, and the Select
Committee on Intelligence of the Senate.
SEC. 6. AUTHORIZATION OF KEYSTONE XL PIPELINE.
(a) 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
described in the Presidential Permit of March 29, 2019 (84 Fed. Reg.
1310).
(b) Presidential Permits.--No Presidential permit or any other
Executive order shall be required for the construction, connection,
operation, or maintenance of the pipeline facilities described in
subsection (a).
SEC. 7. PROHIBITION ON MORATORIA OF NEW ENERGY LEASES ON FEDERAL LAND
AND WATERS.
(a) Definitions.--In this section:
(1) Critical mineral.--The term ``critical mineral'' has
the meaning given the term in section 7002(a) of the Energy Act
of 2020 (30 U.S.C. 1601(a)).
(2) Federal land.--
(A) In general.--The term ``Federal land'' means--
(i) National Forest System land;
(ii) public lands (as defined in section
103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702));
(iii) the outer Continental Shelf in
section 2 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331); and
(iv) land managed by the Secretary of
Energy.
(B) Inclusions.--The term ``Federal land'' includes
land described in clauses (i) through (iv) in
subparagraph (A) for which the rights to the surface
estate or subsurface estate are owned by a non-Federal
entity.
(3) President.--The term ``President'' means the President
or any designee of the President, including--
(A) the Secretary of Agriculture;
(B) the Secretary of Energy; and
(C) the Secretary.
(b) Prohibitions.--
(1) In general.--Notwithstanding any other provision of
law, the President may officially not carry out any action that
would prohibit or substantially delay the issuance of any of
the following on Federal land, unless such an action has been
authorized by an Act of Congress:
(A) New oil and gas leases, drill permits,
approvals, or authorizations.
(B) New coal leases, permits, approvals, or
authorizations.
(C) New hardrock leases, permits, approvals, or
authorizations.
(D) New critical minerals leases, permits,
approvals, or authorizations.
(2) Prohibition on withdrawal.--Notwithstanding any other
provision of law, the President may not withdraw any Federal
land from forms of entry, appropriation, or disposal under the
public land laws, location, entry, and patent under the mining
laws, or disposition under laws pertaining to mineral and
geothermal leasing or mineral materials unless the withdrawal
has been authorized by an Act of Congress.
SEC. 8. OIL AND NATURAL GAS LEASING.
(a) Onshore Lease Sales.--
(1) Requirement to immediately resume onshore oil and gas
lease sales.--
(A) In general.--The Secretary of the Interior
(referred to in this Act as the ``Secretary'') shall
immediately resume oil and gas lease sales in
compliance with the Mineral Leasing Act (30 U.S.C. 181
et seq.).
(B) Requirement.--The Secretary shall ensure that
any oil and gas lease sale under subparagraph (A) is
conducted immediately on completion of all applicable
scoping, public comment, and environment analysis
requirements under the Mineral Leasing Act (30 U.S.C.
181 et seq.) and the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(2) Annual oil and natural gas lease sales.--
(A) In general.--Notwithstanding any other
provision of law, in accordance with the Mineral
Leasing Act (30 U.S.C. 181 et seq.), April 1, 2022, the
Secretary shall conduct a minimum of 4 oil and natural
gas lease sales annually in each of the following
States:
(i) Wyoming.
(ii) New Mexico.
(iii) Colorado.
(iv) Utah.
(v) Montana.
(vi) North Dakota.
(vii) Oklahoma.
(viii) Nevada.
(ix) Any other State in which there is land
available for oil and natural gas leasing under
that Act.
(B) Requirement.--In conducting a lease sale under
subparagraph (A) in a State described in that
subparagraph, the Secretary shall offer all parcels
eligible for oil and gas development under the resource
management plan in effect for the State.
(C) Replacement sales.--If, for any reason, a lease
sale under subparagraph (A) for a calendar year is
canceled, delayed, or deferred, including for lack of
eligible parcels, the Secretary shall conduct a
replacement sale during the same calendar year.
(b) Offshore Lease Sales.--
(1) In general.--The Secretary shall conduct all lease
sales described in the 2017-2022 Outer Continental Shelf Oil
and Gas Leasing Proposed Final Program (November 2016) that
have not been conducted as of the date of enactment of this Act
by not later than April 1, 2022.
(2) Gulf of mexico region annual lease sales.--
Notwithstanding any other provisions of law, no later than 30
days following the enactment of this Act, the Secretary shall
conduct a minimum of 4 region-wide oil and natural gas lease
sales annually in the Gulf of Mexico Region of the outer
Continental Shelf, which shall include the following areas
described in the 2017-2022 Outer Continental Shelf Oil and Gas
Leasing Proposed Final Program (November 2016):
(A) The Central Gulf of Mexico Planning Area.
(B) The Western Gulf of Mexico Planning Area.
(3) Alaska region annual lease sales.--Notwithstanding any
other provision of law, beginning 30 days after the enactment
of this Act, the Secretary shall conduct a minimum of 2 region-
wide oil and natural gas lease sales annually in the Alaska
Region of the outer Continental Shelf, as described in the
2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed
Final Program (November 2016).
(4) Requirements.--In conducting lease sales under
paragraphs (2) and (3) the Secretary shall--
(A) issue leases to the highest responsibly
qualified bidder or bidders; and
(B) include in each lease sale all unleased areas
that are not subject to restrictions as of the date of
the lease sale.
(5) Outer continental shelf oil and gas leasing program.--
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended--
(A) in subsection (a), in the first sentence of the
matter preceding paragraph (1), by striking
``subsections (c) and (d) of this section'' and
inserting ``subsections (c) through (f)'';
(B) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(C) by inserting after subsection (e) the
following:
``(f) Subsequent Leasing Programs.--
``(1) In general.--Not later than 36 months after
conducting the first lease sale under an oil and gas leasing
program prepared pursuant to this section, the Secretary shall
begin preparing the subsequent oil and gas leasing program
under this section.
``(2) Requirement.--Each subsequent oil and gas leasing
program under this section shall be approved not later than 180
days before the expiration of the previous oil and gas leasing
program.''.
SEC. 9. EXPEDITED APPROVAL FOR NATURAL GAS INTERSTATE PIPELINES.
Subsection (c) of section 7 of the Natural Gas Act (15 U.S.C.
717F(c)) is amended to read as follows:
``(c) Certificates of Public Convenience and Necessity.--
``(1) Application.--
``(A) Requirement to apply for certificate.--
``(i) In general.--No natural-gas company
or person which will be a natural-gas company
upon completion of any proposed construction or
extension shall engage in the transportation or
sale of natural gas, subject to the
jurisdiction of the Commission, or undertake
the construction or extension of any facilities
therefor, or acquire or operate any such
facilities or extensions thereof, unless there
is in force with respect to such natural-gas
company a certificate of public convenience and
necessity issued by the Commission authorizing
such acts or operations.
``(ii) Prior operations.--If any such
natural-gas company or predecessor in interest
was bona fide engaged in transportation or sale
of natural gas, subject to the jurisdiction of
the Commission, on the effective date of this
amendatory Act, over the route or routes or
within the area for which application is made
and has so operated since that time, the
Commission shall issue such certificate without
requiring further proof that public convenience
and necessity will be served by such operation,
and without further proceedings, if application
for such certificate is made to the Commission
within ninety days after the effective date of
this amendatory Act. Pending the determination
of any such application, the continuance of
such operation shall be lawful.
``(iii) Projects that meet safety
regulations.--With respect to any application
for a certificate of public convenience and
necessity under clause (i) for which the
Commission determines that project covered by
the application meets all safety regulations in
effect as of the date of the application, the
Commission shall issue the certificate without
requiring further proof that public convenience
and necessity will be served by the project,
and without further proceedings.
``(B) Hearings.--In all cases other than the cases
described in clauses (ii) and (iii) of subparagraph
(A), the Commission shall set the matter for hearing
and shall give such reasonable notice of the hearing
thereon to all interested persons as in its judgment
may be necessary under rules and regulations to be
prescribed by the Commission; and the application shall
be decided in accordance with the procedure provided in
subsection (e) of this section and such certificate
shall be issued or denied accordingly: Provided,
however, That the Commission may issue a temporary
certificate in cases of emergency, to assure
maintenance of adequate service or to serve particular
customers, without notice or hearing, pending the
determination of an application for a certificate, and
may by regulation exempt from the requirements of this
section temporary acts or operations for which the
issuance of a certificate will not be required in the
public interest.''.
SEC. 10. DOMESTIC ENVIRONMENTAL IMPACTS.
(a) In General.--Section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
(1) in subparagraph (C)--
(A) in the matter preceding clause (i), by
inserting ``in the United States'' after ``human
environment'';
(B) in clause (i), by inserting ``in the United
States'' after ``proposed action''; and
(C) in clause (ii), by inserting ``in the United
States'' after ``environmental effects''; and
(2) in subparagraph (F), by inserting ``in any proposal or
other major Federal action that involves the funding or
development of projects outside the United States or the
exclusive economic zone of the United States,'' before
``recognize''.
(b) Implementing Regulations.--Not later than 1 year after the date
of enactment of this Act, the Council on Environmental Quality shall
revise the implementing regulations of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) under subchapter A of
chapter V of title 40, Code of Federal Regulations (or successor
regulations), in accordance with the amendments made by subsection (a).
SEC. 11. LIMITATION.
None of the funds made available by this Act may be used to carry
out Federal Energy Regulatory Commission Updated Pipeline Certificate
Policy Statement (Public Law 18-1-000) updated February 17, 2022.
SEC. 12. RESPONSIBLE ENERGY PRODUCTION IN THE ARCTIC NATIONAL WILDLIFE
REFUGE.
(a) Applicability to Section 1002 of the Arctic National Wildlife
Refuge.--
(1) In general.--Notwithstanding any other provision of
law, title II of Public Law 115-97 is the law of the land and
any Executive order, secretarial order or regulation aiming to
block this title shall have no force or effect.
SEC. 13. NATURAL GAS EXPORTS.
(a) Findings.--Congress finds that--
(1) increasing clean and safe natural gas exports will lead
to increased investment and development of domestic supplies of
natural gas that will contribute to job growth and economic
development; and
(2) the export of clean and safe natural gas to other
nations is of vital national interest to the United States.
(b) Natural Gas Exports.--Section 3(c) of the Natural Gas Act (15
U.S.C. 717b(c)) is amended--
(1) by inserting ``or any other nation not excluded by this
section'' after ``trade in natural gas'';
(2) by inserting ``and in any event by not later than 60
days after the date on which the application is received''
before the period at the end;
(3) by striking ``(c) For purposes'' and inserting the
following:
``(c) Expedited Application and Approval Process.--
``(1) In general.--For purposes''; and
(4) by adding at the end the following:
``(2) Exclusions.--
``(A) In general.--Any nation subject to sanctions
or trade restrictions imposed by the United States is
excluded from expedited approval under paragraph (1).
``(B) Designation by president or congress.--The
President or Congress may designate nations that may be
excluded from expedited approval under paragraph (1)
for reasons of national security.
``(3) Order not required.--No order is required under
subsection (a) to authorize the export or import of any natural
gas to or from Canada or Mexico.''.
SEC. 14. PENDING APPLICATIONS TO EXPORT NATURAL GAS.
All applications to export natural gas from the United States to a
foreign country submitted under section 3(a) of the Natural Gas Act (15
U.S.C. 717b(a)) during the period beginning on January 1, 2020, and
ending on January 1, 2025, are deemed approved.
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