[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3714 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3714
To prioritize United States energy independence, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2022
Mr. Hawley (for himself, Mr. Grassley, Mr. Hagerty, and Mr. Tuberville)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
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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