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WASHINGTON, D.C. – Following the unprecedented anti-fossil energy initiatives from the Obama and Biden administrations, U.S. Senator Kevin Cramer (R-ND), a member of the Senate Environment and Public Works Committee, introduced legislation to prevent discrimination against fossil energy sources when awarding Defense Production Act (DPA) funds. The Strategic Resources Non-discrimination Act amends the DPA to ensure the Executive Branch does not disadvantage projects simply because certain sources of energy are utilized.

U.S. Representative Andy Barr (R-KY-06) introduced similar legislation in the U.S. House of Representatives.

“The reality is that the Defense Production Act is, in fact, an essential tool to secure our supply chains,” said Cramer. “Critical supply chains are critical for a reason. Discrimination against energy sources under the DPA is rich with irony. It undermines the very mission of defending our nation’s security. Remember, this is the Defense Production Act and this is national security. Our Strategic Resources Non-discrimination Act removes that discrimination from the project selection process, preventing future administrations from weaponizing our national security against ourselves to meet their political objectives.”

“API supports legislative initiatives that don’t force the government to pick winners and losers in energy policy,” said Kristin Whitman, Senior Vice President of Federal Relations, American Petroleum Institute. If the Defense Production Act is invoked to support our national security, all forms of energy should be freely available to power industrial efforts, including oil and natural gas. We look forward to working with all stakeholders in supporting a broader all-of-the-above energy policy.”

“The Strategic Resources Non-discrimination Act is a vital step toward restoring commonsense decision making to our national security supply chain programs,” said Jonathan Fortner, President & CEO, Lignite Energy Council. “America cannot afford to disqualify domestic projects simply because their production pathways involve fossil-based energy. Our defense readiness, energy independence, and resource security depend on evaluating projects based on performance, reliability and strategic value, not political preferences. North Dakota’s lignite industry and related fossil-based energy systems provide dependable power, critical minerals recovery opportunities and industrial feedstocks that strengthen domestic manufacturing and defense supply chains. This legislation ensures these resources can be fully considered under the Defense Production Act to meet our nation’s security needs with American energy and American production.”

"The North Dakota Petroleum Council strongly supports the Strategic Resources Non-discrimination Act, Senator Kevin Cramer's companion legislation to the Strategic Resources Non-discrimination Act introduced by Congressman Andy Barr in the U.S. House of Representatives,” said Ron Ness, President, North Dakota Petroleum Council. “This set of commonsense legislation ensures that federal programs designed to support America's strategic industrial capacity are evaluated on merit and national security needs rather than discriminatory bias against essential energy sources. For too long, federal agencies have been allowed to arbitrarily exclude projects simply because they utilize fossil fuels as part of their production process, regardless of how critical those projects are to our national defense and economic security. This bill rightfully prohibits that discrimination and ensures a level playing field where all American energy resources can compete fairly. North Dakota's oil and gas industry is vital to our nation's energy security and economic strength, and federal policy should reflect that reality rather than punish it. We commend Senator Cramer for his leadership on this important issue and urge swift passage of this legislation."

This legislation is endorsed by the American Exploration and Production Council, the American Petroleum Institute, the Independent Petroleum Association of America, the Lignite Energy Council, and the North Dakota Petroleum Council.

Click here for bill text.