S.Amdt. 2435

1. Adds SEC. __. STRATEGIC REFINERY RESERVE at the end of subtitle B of title XXXI

   Adds a section

   In S. 1042 · Placed on Calendar Senate

   (5) recommendations to improve the coordination and effectiveness of international border security programs.

   Inserted: SEC. __. STRATEGIC REFINERY RESERVE.

   Inserted: (a) Establishment.--

   Inserted: (1) In general.--The Secretary of Energy shall establish and operate a Strategic Refinery Reserve (referred to in this section as the "Reserve") in the United States.

   Inserted: (2) Authorities.--To carry out this subsection, the Secretary of Energy may contract for--

   Inserted: (A) the construction or operation of new refineries; or

   Inserted: (B) the acquisition or reopening of closed refineries.

   Inserted: (b) Operation.--The Secretary of Energy shall operate the Reserve--

   Inserted: (1) to provide petroleum products to--

   Inserted: (A) the Federal Government (including the Department of Defense); and

   Inserted: (B) any State governments and political subdivisions of States that opt to purchase refined petroleum products from the Reserve; and

   Inserted: (2) to provide petroleum products to the general public during any period described in subsection (c).

   Inserted: (c) Emergency Periods.--The Secretary of Energy shall make petroleum products from the Reserve available under subsection (b)(2) only if the President determines that--

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   Inserted: (1) there is a severe energy supply interruption within the meaning of the term under section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202); or

   Inserted: (2)(A) there is a regional petroleum product supply shortage of significant scope and duration; and

   Inserted: (B) action taken under subsection (b)(2) would directly and significantly assist in reducing the adverse impact of the shortage.

   Inserted: (d) Locations.--In determining the location of a refinery for inclusion in the Reserve, the Secretary of Energy shall take into account--

   Inserted: (1) the impact of the refinery on the local community, as determined after requesting and reviewing any comments from State and local governments and the public;

   Inserted: (2) regional vulnerability to--

   Inserted: (A) natural disasters; and

   Inserted: (B) terrorist attacks;

   Inserted: (3) the proximity of the refinery to the Reserve;

   Inserted: (4) the accessibility of the refinery to energy infrastructure and Federal facilities (including facilities under the jurisdiction of the Department of Defense);

   Inserted: (5) the need to minimize adverse public health and environmental impacts; and

   Inserted: (6) the energy needs of the Federal Government (including the Department of Defense).

   Inserted: (e) Increased Capacity.--The Secretary of Energy shall ensure that refineries in the Reserve are designed to provide a rapid increase in production capacity during periods described in subsection (c).

   Inserted: (f) Implementation Plan.--

   Inserted: (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to Congress a plan for the establishment and operation of the Reserve under this section.

   Inserted: (2) Requirements.--The plan required under paragraph (1) shall--

   Inserted: (A)(i)(I) provide for, within 2 years after the date of enactment of this Act, a capacity within the Reserve equal to 5 percent of the total United States daily demand for gasoline, diesel, and aviation fuel; and

   Inserted: (II) provide for a capacity within the Reserve such that not less than 75 percent of the gasoline and diesel fuel produced by the Reserve contain an average of 10 percent renewable fuel (as that term is defined in 211(o)(1)(C) of the Clean Air Act (42 U.S.C. 7545(o)(1)(C)); or

   Inserted: (ii) if the Secretary of Energy finds that achieving the capacity described in either subclause (I) or (II) of clause (i) is not feasible within 2 years, include--

   Inserted: (I) an explanation from the Secretary of Energy of the reasons why achieving the capacity within the timeframe is not feasible; and

   Inserted: (II) provisions for achieving the required capacity as soon as practicable; and

   Inserted: (B) provide for adequate delivery systems capable of providing Reserve product to the entities described in subsection (b)(1).

   Inserted: (g) Coordination.--The Secretary of Energy shall carry out this section in coordination with the Secretary of Defense.

   Inserted: (h) Compliance With Federal Environmental Requirements.--Nothing in this section affects any requirement to comply with Federal or State environmental or other laws.

   Inserted: SEC. __. REPORTS ON REFINERY CLOSURES.

   Inserted: (a) Reports to Secretary of Energy.--

   Inserted: (1) In general.--Not later than 180 days before permanently closing a refinery in the United States, the owner or operator of the refinery shall provide to the Secretary of Energy notice of the closing.

   Inserted: (2) Requirements.--The notice required under paragraph (1) with respect to a refinery to be closed shall include an explanation of the reasons for the closing of the refinery.

   Inserted: (b) Reports to Congress.--The Secretary of Energy shall, in consultation with the Secretary of Defense, the Administrator of the Environmental Protection Agency, and the Federal Trade Commission and as soon as practicable after receipt of a report under subsection (a), submit to Congress--

   Inserted: (1) the report; and

   Inserted: (2) an analysis of the effects of the proposed closing covered by the report on--

   Inserted: (A) in accordance with the Clean Air Act (42 U.S.C. 7401 et seq.), supplies of clean fuel;

   Inserted: (B) petroleum product prices;

   Inserted: (C) competition in the refining industry;

   Inserted: (D) the national economy;

   Inserted: (E) regional economies;

   Inserted: (F) regional supplies of refined petroleum products;

   Inserted: (G) the supply of fuel to the Department of Defense; and

   Inserted: (H) energy security.

   Original wording

   At the end of subtitle B of title XXXI, add the following:

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As printed