117 S3714 IS: American Energy Independence Act of 2022
U.S. Senate
2022-02-28
text/xml
EN
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II
117th CONGRESS
2d Session
S. 3714
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.
1.

Short title
This Act may be cited as the “American Energy Independence Act of 2022”.
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.
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.
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.
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.