[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3893 Referred in Senate (RFS)]
109th CONGRESS
1st Session
H. R. 3893
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 17, 2005
Received
October 24, 2005
Read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
AN ACT
To expedite the construction of new refining capacity in the United
States, to provide reliable and affordable energy for the American
people, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Gasoline for
America's Security Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--INCREASING REFINERY CAPACITY
Sec. 101. State participation and presidential designation.
Sec. 102. Process coordination and rules of procedure.
Sec. 103. Refinery revitalization repeal.
Sec. 104. Standby support for refineries.
Sec. 105. Military use refinery.
Sec. 106. Waiver authority for extreme fuel supply emergencies.
Sec. 107. List of fuels.
Sec. 108. Attainment dates for downwind ozone nonattainment areas.
Sec. 109. Rebates for sales of royalty-in-kind oil to qualified small
refineries.
Sec. 110. Study and report relating to streamlining paperwork
requirements.
Sec. 111. Response to biomass debris emergency.
TITLE II--INCREASING DELIVERY INFRASTRUCTURE
Sec. 201. Federal-State regulatory coordination.
Sec. 202. Process coordination and rules of procedure.
Sec. 203. Backup power capacity study.
Sec. 204. Sunset of loan guarantees.
Sec. 205. Offshore pipelines.
Sec. 206. Savings clause.
TITLE III--CONSERVATION AND EDUCATION
Sec. 301. Department of Energy carpooling and vanpooling program.
Sec. 302. Evaluation and assessment of carpool and vanpool projects.
Sec. 303. Internet utilization study.
Sec. 304. Fuel consumption education campaign.
Sec. 305. Procurement of energy efficient lighting devices.
Sec. 306. Minority employment.
TITLE IV--GASOLINE PRICE REFORM
Sec. 401. Short title.
Sec. 402. Gasoline price gouging prohibited.
Sec. 403. FTC investigation on price-gouging.
Sec. 404. FTC study of petroleum prices on exchange.
TITLE V--STRATEGIC PETROLEUM RESERVE
Sec. 501. Strategic Petroleum Reserve capacity.
Sec. 502. Strategic Petroleum Reserve sale.
Sec. 503. Northeast Home Heating Oil Reserve capacity.
TITLE VI--CRITICAL ENERGY ASSURANCE
Sec. 601. Evacuation plan review.
Sec. 602. Disaster assistance.
Sec. 603. Critical Energy Assurance Account.
Sec. 604. Regulations.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) No new refinery has been constructed in the United
States since 1976. There are 148 operating refineries in the
United States, down from 324 in 1981. Refined petroleum product
imports are currently projected to grow from 7.9 percent to
10.7 percent of total refined product by 2025 to satisfy
increasing demand.
(2) While the number of American refineries in operation
has reduced over the last 20 years, much of the resulting lost
capacity has been replaced by gains from more efficient
refineries.
(3) Hurricanes Katrina and Rita substantially disrupted
petroleum production, refining, and pipeline systems in the
Gulf Coast region, affecting energy prices and supply
nationwide. In the immediate aftermath of Katrina alone, United
States refining capacity was reduced by more than 2,000,000
barrels per day. However, before Hurricanes Katrina and Rita,
United States refining capacity was already significantly
strained by increased levels of production, with industry
average utilization rates of 95 percent of capacity or higher.
(4) It serves the national interest to increase refinery
capacity for gasoline, heating oil, diesel fuel, and jet fuel
wherever located within the United States, to bring more
reliable and economic supply to the American people.
(5) According to economic analysis, households are
conservatively estimated to spend an average of $1,948 this
year on gasoline, up 45 percent from 3 years ago, and
households with incomes under $15,000 (\1/5\ of all households)
this year will spend, on average, more than \1/10\ of their
income just on gasoline.
(6) According to economic analysis, rural American
households will spend $2,087 on gasoline this year. Rural
Americans are paying an estimated 22 percent more for gasoline
than their urban counterparts because they must drive longer
distances.
(7) A growing reliance on foreign sources of refined
petroleum products impairs our national security interests and
global competitiveness.
(8) Refiners are subject to significant environmental and
other regulations and face several new Clean Air Act
requirements over the next decade. New Clean Air Act
requirements will benefit the environment but will also require
substantial capital investment and additional government
permits. These new requirements increase business uncertainty
and dissuade investment in new refinery capacity.
(9) There is currently a lack of coordination in permitting
requirements and other regulations affecting refineries at the
Federal, State, and local levels. There is no consistent
national permitting program for refineries, compared with the
Federal Energy Regulatory Commission's lead agency role over
interstate natural gas pipelines, liquefied natural gas, and
hydroelectric power and the Nuclear Regulatory Commission's
role over nuclear plant licensing. More regulatory certainty
and coordination is needed for refinery owners to stimulate
investment in increased refinery capacity.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``refinery'' means--
(A) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
crude oil by any chemical or physical process,
including distillation, fluid catalytic cracking,
hydrocracking, coking, alkylation, etherification,
polymerization, catalytic reforming, isomerization,
hydrotreating, blending, and any combination thereof,
in order to produce gasoline or other fuel; or
(B) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
coal by any chemical or physical process, including
liquefaction, in order to produce gasoline, diesel, or
other liquid fuel as its primary output; and
(3) the term ``Secretary'' means the Secretary of Energy.
TITLE I--INCREASING REFINERY CAPACITY
SEC. 101. STATE PARTICIPATION AND PRESIDENTIAL DESIGNATION.
(a) Federal-State Regulatory Coordination and Assistance.--
(1) Governor's request.--The governor of a State may submit
a request to the Secretary for the application of process
coordination and rules of procedure under section 102 to the
siting, construction, expansion, or operation of any refinery
in that State.
(2) State assistance.--The Secretary and the Administrator
are authorized to provide financial assistance to State
governments to facilitate the hiring of additional personnel
with expertise in fields relevant to consideration of
applications to site, construct, expand, or operate any
refinery in that State.
(3) Other assistance.--The Secretary and the Administrator
shall provide technical, legal, or other assistance to State
governments to facilitate their review of applications to site,
construct, expand, or operate any refinery in that State.
(b) Presidential Designation.--
(1) Designation requirement.--Not later than 90 days after
the date of enactment of this Act, the President shall
designate sites on Federal lands, including closed military
installations subject to paragraph (3), that are appropriate
for the purposes of siting a refinery.
(2) Analysis of refinery sites.--In considering any site on
Federal lands for possible designation under this subsection,
the President shall conduct an analysis of--
(A) the availability of crude oil supplies to the
site, including supplies from domestic production of
shale oil and tar sands and other strategic
unconventional fuels;
(B) the distribution of the Nation's refined
petroleum product demand;
(C) whether such site is in close proximity to
substantial pipeline infrastructure, including both
crude oil and refined petroleum product pipelines, and
potential infrastructure feasibility;
(D) the need to diversify the geographical location
of the domestic refining capacity;
(E) the effect that increased refined petroleum
products from a refinery on that site may have on the
price and supply of gasoline to consumers;
(F) the impact of locating a refinery on the site
on the readiness and operations of the Armed Forces;
and
(G) such other factors as the President considers
appropriate.
(3) Special rules for closed military installations.--
(A) Designation for consideration as refinery
site.--Among the sites designated pursuant to this
subsection, the President shall designate no less than
3 closed military installations, or portions thereof,
as potentially suitable for the construction of a
refinery.
(B) Effect of designation.--In the case of a closed
military installation, or portion thereof, designated
by the President as a potentially suitable refinery
site pursuant to this subsection--
(i) the redevelopment authority for the
installation, in preparing or revising the
redevelopment plan for the installation, shall
consider the feasibility and practicability of
siting a refinery on the installation; and
(ii) the Secretary of Defense, in managing
and disposing of real property at the
installation pursuant to the base closure law
applicable to the installation, shall give
substantial deference to the recommendations of
the redevelopment authority, as contained in
the redevelopment plan for the installation,
regarding the siting of a refinery on the
installation.
(c) Use of Designated Sites.--
(1) Lease.--Except as provided in paragraph (2), the
Federal Government shall offer for lease any site designated by
the President under subsection (b) consistent with procedures
for the disposition of such site under applicable Federal
property laws. Notwithstanding any provision of such Federal
property laws providing for the disposition or reuse of the
site, a lease under this paragraph shall be deemed to be the
appropriate disposition of the site. A site shall not be leased
under this paragraph except for the purpose of construction of
a refinery.
(2) Special rules for closed military installations.--
Paragraph (1) shall not apply to a closed military
installation. The management and disposal of real property at a
closed military installation, even a closed military
installation or portion thereof found to be suitable for the
siting of a refinery under subsection (b)(3), shall be carried
out in the manner provided by the base closure law applicable
to the installation.
(d) Applicability.--Section 102 shall only apply to a refinery
sited or proposed to be sited or expanded or proposed to be expanded--
(1) in a State whose governor has requested applicability
of such section pursuant to subsection (a);
(2) on a site (other than a closed military installation or
portion thereof) designated by the President under subsection
(b);
(3) on a closed military installation, or portion thereof,
made available for the siting of a refinery in the manner
provided by the base closure law applicable to the
installation; or
(4) on a site leased by the Secretary of a military
department under section 2667 of title 10, United States Code,
or by the Secretary of Defense under section 2667a of such
title for the siting of a refinery.
(e) Definition.--For purposes of this section--
(1) the term ``base closure law'' means the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) and title II of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note);
(2) the term ``closed military installation'' means a
military installation closed or approved for closure pursuant
to a base closure law;
(3) the term ``Federal lands'' means all land owned by the
United States, except that such term does not include land--
(A) within the National Park System;
(B) within the National Wilderness Preservation
System;
(C) designated as a National Monument; or
(D) under the jurisdiction of the Department of
Defense or withdrawn from the public domain for use by
the Armed Forces (other than a closed military
installation); and
(4) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
SEC. 102. PROCESS COORDINATION AND RULES OF PROCEDURE.
(a) Definition.--For purposes of this section and section 105, the
term ``Federal refinery authorization''--
(1) means any authorization required under Federal law,
whether administered by a Federal or State administrative
agency or official, with respect to siting, construction,
expansion, or operation of a refinery; and
(2) includes any permits, special use authorizations,
certifications, opinions, or other approvals required under
Federal law with respect to siting, construction, expansion, or
operation of a refinery.
(b) Designation as Lead Agency.--
(1) In general.--The Department of Energy shall act as the
lead agency for the purposes of coordinating all applicable
Federal refinery authorizations and related environmental
reviews with respect to a refinery.
(2) Other agencies.--Each Federal and State agency or
official required to provide a Federal refinery authorization
shall cooperate with the Secretary and comply with the
deadlines established by the Secretary.
(c) Schedule.--
(1) Secretary's authority to set schedule.--The Secretary
shall establish a schedule for all Federal refinery
authorizations with respect to a refinery. In establishing the
schedule, the Secretary shall--
(A) ensure expeditious completion of all such
proceedings; and
(B) accommodate the applicable schedules
established by Federal law for such proceedings.
(2) Failure to meet schedule.--If a Federal or State
administrative agency or official does not complete a
proceeding for an approval that is required for a Federal
refinery authorization in accordance with the schedule
established by the Secretary under this subsection, the
applicant may pursue remedies under subsection (e).
(d) Consolidated Record.--The Secretary shall, with the cooperation
of Federal and State administrative agencies and officials, maintain a
complete consolidated record of all decisions made or actions taken by
the Secretary or by a Federal administrative agency or officer (or
State administrative agency or officer acting under delegated Federal
authority) with respect to any Federal refinery authorization. Such
record shall be the record for judicial review under subsection (e) of
decisions made or actions taken by Federal and State administrative
agencies and officials, except that, if the Court determines that the
record does not contain sufficient information, the Court may remand
the proceeding to the Secretary for further development of the
consolidated record.
(e) Judicial Review.--
(1) In general.--The United States Court of Appeals for the
District of Columbia shall have original and exclusive
jurisdiction over any civil action for the review of--
(A) an order or action, related to a Federal
refinery authorization, by a Federal or State
administrative agency or official; and
(B) an alleged failure to act by a Federal or State
administrative agency or official acting pursuant to a
Federal refinery authorization.
The failure of an agency or official to act on a Federal
refinery authorization in accordance with the Secretary's
schedule established pursuant to subsection (c) shall be
considered inconsistent with Federal law for the purposes of
paragraph (2) of this subsection.
(2) Court action.--If the Court finds that an order or
action described in paragraph (1)(A) is inconsistent with the
Federal law governing such Federal refinery authorization, or
that a failure to act as described in paragraph (1)(B) has
occurred, and the order, action, or failure to act would
prevent the siting, construction, expansion, or operation of
the refinery, the Court shall remand the proceeding to the
agency or official to take appropriate action consistent with
the order of the Court. If the Court remands the order, action,
or failure to act to the Federal or State administrative agency
or official, the Court shall set a reasonable schedule and
deadline for the agency or official to act on remand.
(3) Secretary's action.--For any civil action brought under
this subsection, the Secretary shall promptly file with the
Court the consolidated record compiled by the Secretary
pursuant to subsection (d).
(4) Expedited review.--The Court shall set any civil action
brought under this subsection for expedited consideration.
(5) Attorney's fees.--In any action challenging a Federal
refinery authorization that has been granted, reasonable
attorney's fees and other expenses of litigation shall be
awarded to the prevailing party. This paragraph shall not apply
to any action seeking remedies for denial of a Federal refinery
authorization or failure to act on an application for a Federal
refinery authorization.
SEC. 103. REFINERY REVITALIZATION REPEAL.
Subtitle H of title III of the Energy Policy Act of 2005 and the
items relating thereto in the table of contents of such Act are
repealed.
SEC. 104. STANDBY SUPPORT FOR REFINERIES.
(a) Definition.--For purposes of this section, the term
``authorization'' means any authorization or permit required under
State or Federal law.
(b) Contract Authority.--
(1) In general.--The Secretary may enter into contracts
under this section with non-Federal entities that the Secretary
determines, at the sole discretion of the Secretary, to be the
first non-Federal entities to enter into firm contracts after
the date of enactment of this Act to construct new refineries
in the United States or refurbish and return to commercial
operation existing but nonoperating refineries in the United
States. The Secretary may enter into contracts under this
section with respect to new refineries or refurbished
refineries that add a total of no more than 2,000,000 barrels
per day of refining capacity to the refining capacity of the
United States as in existence on the date of enactment of this
Act.
(2) Conditions.--Except as provided in paragraphs (4) and
(5), under a contract authorized under paragraph (1), the
Secretary shall pay to the non-Federal entity the costs
specified in paragraph (3), using funds deposited in the
Standby Refinery Support Account established under subsection
(c), if--
(A) the non-Federal entity has substantially
completed construction of the new refinery or the
refurbished refinery and the initial commercial
operation of the new refinery or of the refurbished
refinery is delayed because of--
(i) litigation that could not have been
reasonably foreseen by the non-Federal entity
at the time the non-Federal entity entered into
the firm contract to construct; or
(ii) a failure of an agency of the Federal
Government or of a State government to grant an
authorization within a period specified in the
contract authorized by this section; or
(B) the throughput level of commercial operation of
the new or refurbished refinery is substantially
reduced due to--
(i) State or Federal law or regulations
enacted or implemented after the firm contract
was entered into; or
(ii) litigation, that could not have been
reasonably foreseen by the non-Federal entity,
disputing actions taken by the non-Federal
entity to conform with and satisfy Federal law
or regulations enacted or implemented after the
firm contract was entered into.
(3) Covered costs.--Under a contract authorized under this
section, the Secretary shall pay--
(A) in the case of a delay described in paragraph
(2)(A), all costs of the delay in the initial
commercial operation of a new refining or a refurbished
refinery, including the principal or interest due on
any debt obligation of the new refinery or of the
refurbished refinery during the delay, and any
consequential damages; and
(B) in the case of a substantial reduction
described in paragraph (2)(B), all costs necessary to
offset the costs of the reduced throughput and the
costs of complying with the new State or Federal law or
regulations.
(4) Costs not covered.--The Secretary shall not enter into
a contract under this section that would obligate the Secretary
to pay any costs resulting from--
(A) except as provided in paragraph (3)(B), a
failure of the non-Federal entity to take any action
required by law or regulation; or
(B) events within the control of the non-Federal
entity.
(5) Deposit.--The Secretary shall not enter into a contract
authorized under this section until the Secretary has deposited
into the Standby Refinery Support Account amounts sufficient to
cover the costs specified in paragraph (3).
(c) Standby Refinery Support Account.--There is established in the
Treasury an account known as the Standby Refinery Support Account. The
Secretary shall deposit into this account amounts appropriated, in
advance of entering into a contract authorized by this section, to the
Secretary for the purpose of carrying out this section and payments
paid to the Secretary by any non-Federal source for the purpose of
carrying out this section. The Secretary may receive and accept
payments from any non-Federal source, which shall be made available
without further appropriation for the payment of the covered costs.
(d) Regulations.--The Secretary may issue regulations necessary or
appropriate to carry out this section.
(e) Reports.--The Secretary shall file with Congress annually a
report of the Secretary's activities under this section and the
activities of the non-Federal entity under any contract entered into
under this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section.
(g) Applicability.--This section shall only apply to refineries
sited or proposed to be sited--
(1) in a State whose governor has requested applicability
of this section pursuant to section 101(a)(1); or
(2) on a site designated by the President under section
101(b).
SEC. 105. MILITARY USE REFINERY.
(a) Authorization.--If the President determines that there is not
sufficient refining capacity in the United States, the President may
authorize the design and construction of a refinery that will be--
(1) located at a site--
(A) designated by the President under section
101(b), other than a closed military installation or
portion thereof; or
(B) on a closed military installation, or portion
thereof, made available for the siting of a refinery in
the manner provided by the base closure law applicable
to the installation;
(2) disposed of in the manner provided in paragraph (1) of
section 101(c) or, in the case of a closed military
installation, or portion thereof, paragraph (2) of such
section; and
(3) reserved for the exclusive purpose of manufacturing
petroleum products for consumption by the Armed Forces.
(b) Solicitation for Design, Construction, and Operation.--The
President shall solicit proposals for the design, construction, and
operation of a refinery (or any combination thereof) under this
section. In selecting a proposal or proposals under this subsection,
the President shall consider--
(1) the ability of the applicant to undertake and complete
the project;
(2) the extent to which the applicant's proposal serves the
purposes of the project; and
(3) the ability of the applicant to best satisfy the
criteria set forth in subsection (c).
(c) Refinery Criteria.--A refinery constructed under this section
shall meet or exceed the industry average for--
(1) construction efficiencies; and
(2) operational efficiencies, including cost efficiencies.
(d) Use of Products.--All petroleum products manufactured at a
refinery constructed under this section shall be sold to the Federal
Government, at a price not to exceed the fair market value of the
petroleum products, for use by the Armed Forces of the United States.
(e) Funding.--A contract for the design or construction of a
refinery may not be entered into under this section in advance of the
appropriation of funds sufficient for such purpose. Funds appropriated
for the Department of Defense or for Department of Energy national
security programs may not be used to enter into contracts under this
section for the design, construction, or operation of a refinery. Funds
appropriated for the Department of Defense may be used to purchase
petroleum products manufactured at a refinery constructed under this
section for use by the Armed Forces.
(f) Definitions.--For purposes of this section, the terms ``base
closure law'' and ``closed military installation'' have the meanings
given those terms in section 101.
SEC. 106. WAIVER AUTHORITY FOR EXTREME FUEL SUPPLY EMERGENCIES.
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545) is
amended--
(1) by redesignating the second clause (v) as clause
(viii);
(2) by redesignating clause (v) as clause (vii);
(3) by inserting after clause (iv) the following:
``(v)(I) For the purpose of alleviating an extreme and unusual fuel
or fuel additive supply emergency resulting from a natural disaster,
the President, in consultation with the Administrator and the Secretary
of Energy may temporarily waive any control or prohibition respecting
the use of a fuel or fuel additive required by this subsection or by
subsection (h), (i), (k), or (m); and may, with respect to a State
implementation plan, temporarily waive any equivalent control or
prohibition respecting the use of a fuel or fuel additive required by
this subparagraph. Nothing in this clause shall be construed to
authorize the waiver of, or to affect in any way, any Federal or State
law or regulation pertaining to ethanol or methyl tertiary butyl ether.
``(II) The effective period of a waiver under this clause shall be
the time period necessary to permit the correction of the extreme and
unusual fuel or fuel additive supply emergency caused by the natural
disaster, except that such period shall not be longer than 90 days.
``(III) A temporary waiver issued under this clause shall not
permit an alteration of the properties of the fuel to the extent that
the use of the fuel prevents the normal functioning of the vehicle,
engine, component, system, or equipment in which the fuel is used or
would materially degrade such functioning over the useful life of the
vehicle, engine, component, system, or equipment.''; and
(4) by inserting after clause (v) (as inserted by paragraph
(3)) the following:
``(vi) A State shall not be subject to any finding, disapproval, or
determination by the Administrator under section 179, no person may
bring an action against a State or the Administrator under section 304,
and the Administrator shall not take any action under section 110(c) to
require the revision of an applicable implementation plan, because of
any emissions attributable to a waiver granted by the Administrator
under clause (ii) or by the President under clause (v).''.
SEC. 107. LIST OF FUELS.
(a) List of Fuels.--Section 211(c)(4)(C) of the Clean Air Act (42
U.S.C. 7545(c)(4)(C)) is amended as follows:
(1) By redesignating subclause (VI) of clause (viii) (as so
redesignated by section 107(1) of this Act) as clause (x).
(2) In such redesignated clause (x) by striking ``this
clause'' and inserting ``clause (viii) or clause (ix)''.
(3) By inserting the following new subclause at the end of
clause (viii) (as so redesignated by section 107(1) of this
Act):
``(VI) The provisions of this clause, including the limitations of
the authority of the Administrator and the limit on the total number of
fuels permitted, shall remain in effect until the publication of the
list under subclause (III) of clause (ix).''.
(4) By inserting the following new clause after clause
(viii) (as so redesignated):
``(ix)(I) The Administrator, in coordination with the Secretary of
Energy (hereinafter in this clause referred to as the `Secretary'),
shall identify and publish in the Federal Register, within 12 months
after the enactment of this subclause and after notice and opportunity
for public comment, a list of 6 gasoline and diesel fuels to be used in
States that have not received a waiver under section 209(b) of this Act
or any State dependent on refineries in such State for gasoline or
diesel fuel supplies. The list shall be referred to as the `Federal
Fuels List' and shall include one Federal diesel fuel, one other diesel
fuel, one conventional gasoline for ozone attainment areas, one
reformulated gasoline (RFG) meeting the requirements of subsection (k),
and 2 additional gasolines with Reid vapor pressure (RVP) controls for
use in ozone nonattainment areas of varying degrees of severity. None
of the fuels identified under this subclause shall control fuel sulfur
or toxics levels beyond levels required by regulations of the
Administrator.
``(II) Gasoline and diesel fuels shall be included on the Federal
Fuels List based on the Administrator's analysis of their ability to
reduce ozone emissions to assist States in attaining established ozone
standards under this Act, and on an analysis by the Secretary that the
adoption of the Federal Fuels List will not result in a reduction in
supply or in producibility, including that caused by a reduction in
domestic refining capacity triggered by this clause. In the event the
Secretary concludes that adoption of the Federal Fuels List will result
in a reduction in supply or in producibility, the Administrator and the
Secretary shall report that conclusion to Congress, and suspend
implementation of this clause. The Administrator and the Secretary
shall conduct the study required under section 1541(c) of the Energy
Policy Act of 2005 on the timetable required in that section to provide
Congress with legislative recommendations for modifications to the
proposed Federal Fuels List only if the Secretary concludes that
adoption of the Federal Fuels List will result in a reduction in supply
or in producibility.
``(III) Upon publication of the Federal Fuels List, the
Administrator shall have no authority, when considering a State
implementation plan or State implementation plan revision, to approve
under this subparagraph any fuel included in such plan or plan revision
if the fuel proposed is not one of the fuels included on the Federal
Fuels List; or to approve such plan or revision unless, after
consultation with the Secretary, the Administrator publishes in the
Federal Register, after notice and opportunity for public comment, a
finding that, in the Administrator's judgment, such revisions to newly
adopt one of the fuels included on the Federal Fuels List will not
cause fuel supply or distribution interruptions or have a significant
adverse impact on fuel producibility in the affected area or contiguous
area. The Administrator's findings shall include an assessment of
reasonably foreseeable supply distribution emergencies that could occur
in the affected area or contiguous area and how adoption of the
particular fuel revision would effect supply opportunities during
reasonably foreseeable supply distribution emergencies.
``(IV) The Administrator, in consultation with the Secretary, shall
develop a plan to harmonize the currently approved fuels in State
implementation plans with the fuels included on the Federal Fuels List
and shall promulgate implementing regulations for this plan not later
than 18 months after enactment of this subclause. This harmonization
shall be fully implemented by the States by December 31, 2008.''.
(b) Study.--Section 1541(c)(2) of the Energy Policy Act of 2005 is
amended to read as follows:
``(2) Focus of study.--The primary focus of the study
required under paragraph (1) shall be to determine how to
develop a Federal fuels system that maximizes motor fuel
fungibility and supply, preserves air quality standards, and
reduces motor fuel price volatility that results from the
proliferation of boutique fuels, and to recommend to Congress
such legislative changes as are necessary to implement such a
system. The study should include the impacts on overall energy
supply, distribution, and use as a result of the legislative
changes recommended. The study should include an analysis of
the impact on ozone emissions and supply of a mandatory
reduction in the number of fuels to 6, including one Federal
diesel fuel, one other diesel fuel, one conventional gasoline
for ozone attainment areas, one reformulated gasoline (RFG)
meeting the requirements of subsection (k), and 2 additional
gasolines with Reid vapor pressure (RVP) controls for use in
ozone nonattainment areas of varying degrees of severity.''.
SEC. 108. ATTAINMENT DATES FOR DOWNWIND OZONE NONATTAINMENT AREAS.
Section 181 of the Clean Air Act (42 U.S.C. 7511) is amended by
adding the following new subsection at the end thereof:
``(d) Extended Attainment Date for Certain Downwind Areas.--
``(1) Definitions.--In this subsection:
``(A) The term `upwind area' means an area that--
``(i) affects nonattainment in another
area, hereinafter referred to as a downwind
area; and
``(ii) is either--
``(I) a nonattainment area with a
later attainment date than the downwind
area, or
``(II) an area in another State
that the Administrator has found to be
significantly contributing to
nonattainment in the downwind area in
violation of section 110(a)(2)(D) and
for which the Administrator has
established requirements through notice
and comment rulemaking to eliminate the
emissions causing such significant
contribution.
``(B) The term `current classification' means the
classification of a downwind area under this section at
the time of the determination under paragraph (2).
``(2) Extension.--Notwithstanding the provisions of
subsection (b)(2) of this section, a downwind area that is not
in attainment within 18 months of the attainment deadline
required under this section may seek an extension of time to
come into attainment by petitioning the Administrator for such
an extension. If the Administrator--
``(A) determines that any area is a downwind area
with respect to a particular national ambient air
quality standard for ozone;
``(B) approves a plan revision for such area as
provided in paragraph (3) prior to a reclassification
under subsection (b)(2)(A); and
``(C) determines that the petitioning downwind area
has demonstrated that it is affected by transport from
an upwind area to a degree that affects the area's
ability to attain,
the Administrator, in lieu of such reclassification, may extend
the attainment date for such downwind area for such standard in
accordance with paragraph (5).
``(3) Approval.--In order to extend the attainment date for
a downwind area under this subsection, the Administrator may
approve a revision of the applicable implementation plan for
the downwind area for such standard that--
``(A) complies with all requirements of this Act
applicable under the current classification of the
downwind area, including any requirements applicable to
the area under section 172(c) for such standard;
``(B) includes any additional measures needed to
demonstrate attainment by the extended attainment date
provided under this subsection, and provides for
implementation of those measures as expeditiously as
practicable; and
``(C) provides appropriate measures to ensure that
no area downwind of the area receiving the extended
attainment date will be affected by transport to a
degree that affects the area's ability to attain, from
the area receiving the extension.
``(4) Prior reclassification determination.--If, after
April 1, 2003, and prior to the time the 1-hour ozone standard
no longer applies to a downwind area, the Administrator made a
reclassification determination under subsection (b)(2)(A) for
such downwind area, and the Administrator approves a plan
consistent with subparagraphs (A) and (B) for such area, the
reclassification shall be withdrawn and, for purposes of
implementing the 8-hour ozone national ambient air quality
standard, the area shall be treated as if the reclassification
never occurred. Such plan must be submitted no later than 12
months following enactment of this subsection, and--
``(A) the plan revision for the downwind area must
comply with all control and planning requirements of
this Act applicable under the classification that
applied immediately prior to reclassification,
including any requirements applicable to the area under
section 172(c) for such standard; and
``(B) the plan must include any additional measures
needed to demonstrate attainment no later than the date
on which the last reductions in pollution transport
that have been found by the Administrator to
significantly contribute to nonattainment are required
to be achieved by the upwind area or areas.
The attainment date extended under this subsection shall
provide for attainment of such national ambient air quality
standard for ozone in the downwind area as expeditiously as
practicable but no later than the end of the first complete
ozone season following the date on which the last reductions in
pollution transport that have been found by the Administrator
to significantly contribute to nonattainment are required to be
achieved by the upwind area or areas.
``(5) Extended date.--The attainment date extended under
this subsection shall provide for attainment of such national
ambient air quality standard for ozone in the downwind area as
expeditiously as practicable but no later than the new date
that the area would have been subject to had it been
reclassified under subsection (b)(2).
``(6) Rulemaking.--Within 12 months after the enactment of
this subsection, the Administrator shall, through notice and
comment, promulgate rules to define the term `affected by
transport to a degree that affects an areas ability to attain'
in order to ensure that downwind areas are not unjustly
penalized, and for purposes of paragraphs (2) and (3) of this
subsection.''.
SEC. 109. REBATES FOR SALES OF ROYALTY-IN-KIND OIL TO QUALIFIED SMALL
REFINERIES.
(a) Requirement.--The Secretary of the Interior shall issue and
begin implementing regulations by not later than 60 days after the date
of the enactment of this Act, under which the Secretary of the Interior
shall pay to a qualified small refinery a rebate for any sale to the
qualified small refinery of crude oil obtained by the United States as
royalty-in-kind.
(b) Amount of Rebate.--The amount of any rebate paid pursuant to
this section with respect to any sale of crude oil to a qualified small
refinery--
(1) shall reflect the actual costs of transporting such oil
from the point of origin to the qualified small refinery; and
(2) shall not exceed $4.50 per barrel of oil sold.
(c) Subject to Appropriations.--The requirement to pay rebates
under this section is subject to the availability of funds provided in
advance in appropriations Acts.
(d) Termination.--This section and any regulations issued under
this section shall not apply on and after any date on which the
Secretary of Energy determines that United States domestic refining
capacity is sufficient.
(e) Qualified Small Refinery Defined.--In this section the term
``qualified small refinery'' means a refinery of a small business
refiner (as that term is defined in section 45H(c)(1) of the Internal
Revenue Code of 1986) that demonstrates to the Secretary of the
Interior that it had unused crude oil processing capacity in 2004.
SEC. 110. STUDY AND REPORT RELATING TO STREAMLINING PAPERWORK
REQUIREMENTS.
(a) Study.--The Administrator shall study ways to streamline the
paperwork requirements associated with title V of the Clean Air Act and
corresponding requirements under State laws, particularly with regard
to States that have more stringent requirements than the Federal
Government in this area.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Administrator shall report to Congress the
results of the study made under subsection (a), together with
recommendations on how to streamline those paperwork requirements.
SEC. 111. RESPONSE TO BIOMASS DEBRIS EMERGENCY.
(a) Use of Biomass Debris as Fuel.--Notwithstanding any other
provision of law, the Secretary of Energy may authorize any facility to
use as fuel biomass debris if--
(1) the debris results from a major disaster declared in
accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170);
(2) the debris is located in the area for which the major
disaster is declared; and
(3) the requirements of subsection (b) are met.
(b) Certification.--A facility described in subsection (a)--
(1) shall certify to the State in which the facility is
located that no significant impact on meeting national ambient
air quality standards will result and shall propose emission
limits adequate to support such certification; and
(2) may begin burning biomass debris fuel upon filing the
certification required by paragraph (1) unless the State
notifies the facility to the contrary.
(c) Emission Limits.--The State in which a facility described in
subsection (a) is located shall--
(1) adopt (or as appropriate amend) the proposed emission
limits for the biomass burning at the facility; and
(2) retain other existing emissions limits wherever they
are necessary and reasonable.
(d) New Source Review.--No activities needed to qualify a facility
to burn biomass debris as fuel in accordance with this section shall
trigger the requirements of new source review or new source performance
standards under the Clean Air Act.
TITLE II--INCREASING DELIVERY INFRASTRUCTURE
SEC. 201. FEDERAL-STATE REGULATORY COORDINATION.
(a) Governor's Request.--The Governor of a State may submit a
request to the Commission for the application of process coordination
and rules of procedure under section 202 to the siting of a crude oil
or refined petroleum product pipeline facility in that State.
(b) Applicability.--Section 202 shall only apply to crude oil or
refined petroleum product pipeline facilities sited or proposed to be
sited in a State whose Governor has requested such applicability under
subsection (a).
(c) Interstate Compacts.--(1) The consent of Congress is given for
2 or more contiguous States to enter into an interstate compact,
subject to approval by Congress, establishing regional pipeline siting
agencies to facilitate siting of future crude oil or refined petroleum
product pipeline facilities within those States.
(2) The Secretary may provide technical assistance to regional
pipeline siting agencies established under this subsection.
SEC. 202. PROCESS COORDINATION AND RULES OF PROCEDURE.
(a) Definitions.--For purposes of this title--
(1) the term ``Commission'' means the Federal Energy
Regulatory Commission; and
(2) the term ``Federal pipeline authorization''--
(A) means any authorization required under Federal
law, whether administered by a Federal or State
administrative agency or official, with respect to
siting of a crude oil or refined petroleum product
pipeline facility in interstate commerce; and
(B) includes any permits, special use
authorizations, certifications, opinions, or other
approvals required under Federal law with respect to
siting of a crude oil or refined petroleum product
pipeline facility in interstate commerce.
(b) Designation as Lead Agency.--
(1) In general.--The Commission shall act as the lead
agency for the purposes of coordinating all applicable Federal
pipeline authorizations and related environmental reviews with
respect to a crude oil or refined petroleum product pipeline
facility.
(2) Other agencies.--Each Federal and State agency or
official required to provide Federal pipeline authorization
shall cooperate with the Commission and comply with the
deadlines established by the Commission.
(c) Schedule.--
(1) Commission's authority to set schedule.--The Commission
shall establish a schedule for all Federal pipeline
authorizations with respect to a crude oil or refined petroleum
product pipeline facility. In establishing the schedule, the
Commission shall--
(A) ensure expeditious completion of all such
proceedings; and
(B) accommodate the applicable schedules
established by Federal law for such proceedings.
(2) Failure to meet schedule.--If a Federal or State
administrative agency or official does not complete a
proceeding for an approval that is required for a Federal
pipeline authorization in accordance with the schedule
established by the Commission under this subsection, the
applicant may pursue remedies under subsection (e).
(d) Consolidated Record.--The Commission shall, with the
cooperation of Federal and State administrative agencies and officials,
maintain a complete consolidated record of all decisions made or
actions taken by the Commission or by a Federal administrative agency
or officer (or State administrative agency or officer acting under
delegated Federal authority) with respect to any Federal pipeline
authorization. Such record shall be the record for judicial review
under subsection (e) of decisions made or actions taken by Federal and
State administrative agencies and officials, except that, if the Court
determines that the record does not contain sufficient information, the
Court may remand the proceeding to the Commission for further
development of the consolidated record.
(e) Judicial Review.--
(1) In general.--The United States Court of Appeals for the
District of Columbia shall have original and exclusive
jurisdiction over any civil action for the review of--
(A) an order or action related to a Federal
pipeline authorization by a Federal or State
administrative agency or official; and
(B) an alleged failure to act by a Federal or State
administrative agency or official acting pursuant to a
Federal pipeline authorization.
The failure of an agency or official to act on a Federal
pipeline authorization in accordance with the Commission's
schedule established pursuant to subsection (c) shall be
considered inconsistent with Federal law for the purposes of
paragraph (2) of this subsection.
(2) Court action.--If the Court finds that an order or
action described in paragraph (1)(A) is inconsistent with the
Federal law governing such Federal pipeline authorization, or
that a failure to act as described in paragraph (1)(B) has
occurred, and the order, action, or failure to act would
prevent the siting of the crude oil or refined petroleum
product pipeline facility, the Court shall remand the
proceeding to the agency or official to take appropriate action
consistent with the order of the Court. If the Court remands
the order, action, or failure to act to the Federal or State
administrative agency or official, the Court shall set a
reasonable schedule and deadline for the agency or official to
act on remand.
(3) Commission's action.--For any civil action brought
under this subsection, the Commission shall promptly file with
the Court the consolidated record compiled by the Commission
pursuant to subsection (d).
(4) Expedited review.--The Court shall set any civil action
brought under this subsection for expedited consideration.
(5) Attorney's fees.--In any action challenging a Federal
pipeline authorization that has been granted, reasonable
attorney's fees and other expenses of litigation shall be
awarded to the prevailing party. This paragraph shall not apply
to any action seeking remedies for denial of a Federal pipeline
authorization or failure to act on an application for a Federal
pipeline authorization.
SEC. 203. BACKUP POWER CAPACITY STUDY.
Not later than 6 months after the date of enactment of this Act,
the Secretary shall transmit to the Congress a report assessing the
adequacy of backup power capacity in place as of the date of enactment
of this Act, and the need for any additional capacity, to provide for
the continuing operation during any reasonably foreseeable emergency
situation, of those crude oil or refined petroleum product pipeline
facilities that the Secretary finds to be significant to the Nation's
supply needs, in areas that have historically been subject to higher
incidents of natural disasters such as hurricanes, earthquakes, and
tornados.
SEC. 204. SUNSET OF LOAN GUARANTEES.
Section 116(a) of the Alaska Natural Gas Pipeline Act is amended by
adding at the end the following new paragraph:
``(4) The Secretary shall not enter into an agreement under
paragraph (1) or (2) after the date that is 24 months after the date of
enactment of the Gasoline for America's Security Act of 2005 if the
State of Alaska has not entered into an agreement pursuant to the
Alaska Stranded Gas Development Act which in good faith contractually
binds the parties to deliver North Slope natural gas to markets via the
proposed Alaska Natural Gas Pipeline.''.
SEC. 205. OFFSHORE PIPELINES.
The Natural Gas Act is amended--
(1) in section 1(b) 15 U.S.C. 717(b)) by inserting after
``to the production or'' the following: ``, except as provided
in section 4(g),''; and
(2) in section 4 (15 U.S.C. 717(b)) by adding at the end
the following:
``(g)(1) For the purposes of this subsection--
``(A) the term `gas service provider' means an entity that
operates a facility located in the outer Continental Shelf that
is used to gather or transport natural gas on or across the
outer Continental Shelf; and
``(B) the term `outer Continental Shelf' has the meaning
given that term in section 2(a) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331(a)).
``(2) All gas service providers shall submit to the Commission
annually the conditions of service for each shipper served, consisting
of--
``(A) the full legal name of the shipper receiving service;
``(B) a notation of shipper affiliation;
``(C) the type of service provided;
``(D) primary receipt points;
``(E) primary delivery points;
``(F) rates between each pair of points; and
``(G) other conditions of service deemed relevant by the
gas service provider.
``(3) This subsection shall not apply to--
``(A) a gas service provider that serves exclusively a
single entity (either itself or one other party), until such
time as--
``(i) the gas service provider agrees to serve a
second shipper; or
``(ii) a determination is made that the gas service
provider's denial of a request for service is
unjustified;
``(B) a gas service provider that serves exclusively
shippers with ownership interests in both the pipeline operated
by the gas service provider and the gas produced from a field
or fields connected to a single pipeline, until such time as--
``(i) the gas service provider offers to serve a
nonowner shipper; or
``(ii) a determination is made that the gas service
provider's denial of a request for service is
unjustified;
``(C) service rendered over facilities that feed into a
facility where natural gas is first collected, separated,
dehydrated, or otherwise processed; and
``(D) gas service providers' facilities and service
regulated by the Commission under section 7 of this Act.
``(4) When a gas service provider subject to this subsection alters
its affiliates, customers, rates, conditions of service, or facilities,
within any calendar quarter, it must then file with the Commission, on
the first business day of the subsequent quarter, a revised report
describing the status of its services and facilities.''.
SEC. 206. SAVINGS CLAUSE.
Nothing in this title shall be construed to amend, alter, or in
any way affect the jurisdiction or responsibilities of the Department
of Transportation with respect to pipeline safety issues under chapter
601 of title 49, United States Code, or any other law.
TITLE III--CONSERVATION AND EDUCATION
SEC. 301. DEPARTMENT OF ENERGY CARPOOLING AND VANPOOLING PROGRAM.
(a) Findings.--Congress finds the following:
(1) Metropolitan transit organizations have reported
heightened interest in carpooling and vanpooling projects in
light of recent increases in gasoline prices.
(2) The National Transportation Database reports that, in
2003, American commuters traveled over 440,000 miles using
public transportation vanpools, an increase of 60 percent since
1996.
(3) According to the Natural Resource Defense Council, if
each commuter car carried just one more passenger once a week,
American gasoline consumption would be reduced by about 2
percent.
(b) Establishment of Program.--The Secretary shall establish and
carry out a program to encourage the use of carpooling and vanpooling
to reduce the consumption of gasoline. The program shall focus on
carpool and vanpool operations, outreach activities, and marketing
programs, including utilization of the Internet for marketing and
outreach.
(c) Grants to State and Local Governments.--As part of the program
established under subsection (b), the Secretary may make grants to
State and local governments for carpooling or vanpooling projects. The
Secretary may make such a grant only if at least 50 percent of the
costs of the project will be provided by the State or local government.
If a private sector entity provides vehicles for use in a carpooling or
vanpooling project supported under this subsection, the value of those
vehicles may be counted as part of the State or local contribution to
the project.
(d) Considerations.--In making grants for projects under subsection
(c), the Secretary shall consider each of the following:
(1) The potential of the project to promote oil
conservation.
(2) The contribution of the project to State or local
disaster evacuation plans.
(3) Whether the area in which the project is located is a
nonattainment area (as that term is defined in section 171 of
the Clean Air Act (42 U.S.C. 7501)).
SEC. 302. EVALUATION AND ASSESSMENT OF CARPOOL AND VANPOOL PROJECTS.
(a) In General.--The Administrator, in consultation with the
Secretary, shall evaluate and assess carpool and vanpool projects
funded under the congestion mitigation and air quality program
established under section 149 of title 23, United States Code, to--
(1) reduce consumption of gasoline;
(2) determine the direct and indirect impact of the
projects on air quality and congestion levels; and
(3) ensure the effective implementation of the projects
under such program.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator, in consultation with the Secretary, shall
submit to Congress a report including recommendations and findings that
would improve the operation and evaluation of carpool and vanpool
projects funded under the congestion mitigation and air quality
improvement program and shall make such report available to all State
and local metropolitan planning organizations.
SEC. 303. INTERNET UTILIZATION STUDY.
(a) In General.--The Secretary, under the program established in
section 301, shall evaluate the capacity of the Internet to facilitate
carpool and vanpool operations through--
(1) linking riders with local carpools and vanpools;
(2) providing real-time messaging communication between
drivers and riders;
(3) assisting employers to establish intercompany vanpool
and carpool programs; and
(4) marketing existing vanpool and carpool programs.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report including
recommendations and findings that would improve Internet utilization in
carpool and vanpool operations and shall make such report available to
all State and local metropolitan planning organizations.
SEC. 304. FUEL CONSUMPTION EDUCATION CAMPAIGN.
(a) Partnership.--The Secretary shall enter into a partnership with
interested industry groups to create an education campaign that
provides information to United States drivers about measures that may
be taken to conserve gasoline.
(b) Accessibility.--The public information campaign shall be
designed to reach the widest audience possible. The education campaign
may include television, print, Internet website, or any method designed
to maximize the dissemination of gasoline savings information to
drivers.
(c) Cost Sharing.--The Secretary shall provide no more than 50
percent of the cost of the campaign created under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $2,500,000 for carrying out this section.
SEC. 305. PROCUREMENT OF ENERGY EFFICIENT LIGHTING DEVICES.
Section 553(d) of the National Energy Conservation Policy Act is
amended by adding at the end the following new paragraph:
``(3) The head of an agency shall procure the most energy efficient
and cost-effective light bulbs or other electrical lighting products,
consistent with safety considerations, for use in that agency's
facilities and buildings.''.
SEC. 306. MINORITY EMPLOYMENT.
Section 385 of the Energy Policy Act of 2005 is amended by adding
at the end the following:
``(d) Program.--The Secretary of Energy is authorized and directed
to establish a program to encourage minority students to study the
earth sciences and enter the field of geology in order to qualify for
employment in the oil, gas, and mineral industries. There are
authorized to be appropriated for the program established under the
preceding sentence $10,000,000.''.
TITLE IV--GASOLINE PRICE REFORM
SEC. 401. SHORT TITLE.
This title may be cited as the ``Gas Price Gouging Prevention
Act''.
SEC. 402. GASOLINE PRICE GOUGING PROHIBITED.
(a) Unlawful Conduct.--During a period of a major disaster, it
shall be an unfair or deceptive act or practice in violation of section
5 of the Federal Trade Commission Act for any person to sell crude oil,
gasoline, diesel fuel, or home heating oil at a price which constitutes
price gouging as defined by rule pursuant to subsection (b).
(b) Price Gouging.--Not later than 6 months after the date of the
enactment of this Act, the Federal Trade Commission shall promulgate
any rules necessary for the enforcement of this section. Such rules
shall define ``price gouging'' for purposes of this section, and shall
be consistent with the requirements for declaring unfair acts or
practices in section 5(n) of the Federal Trade Commission Act (15
U.S.C. 45(n)).
(c) Enforcement by FTC.--
(1) In general.--A violation of subsection (a) shall be
treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
The Federal Trade Commission shall enforce this section in the
same manner, by the same means, and with the same jurisdiction
as though all applicable terms and provisions of the Federal
Trade Commission Act were incorporated into and made a part of
this section.
(2) Exclusive enforcement.--Notwithstanding any other
provision of law, no person or State or political subdivision
of a State other than the Federal Trade Commission, or the
Attorney General to the extent provided for in section 5 of the
Federal Trade Commission Act, shall have any authority to
enforce this section, or any rule prescribed pursuant to this
section.
(d) Penalties.--Any person who violates subsection (a), or the
rules promulgated pursuant to this section, shall be subject to a civil
penalty of not more than $11,000 per violation.
(e) Definition of Major Disaster.--
(1) Determination.--As used in this section, and for
purposes of any rule promulgated pursuant to this section, the
term ``major disaster'' means a major disaster declared by the
President as defined in section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C
5122(2)) that the Secretary of Energy determines to have
substantially disrupted the production, distribution, or supply
of crude oil, gasoline, diesel fuel, or home heating oil.
(2) Applicable area and period.--The prohibition in
subsection (a) shall apply to the United States or to a
specific geographic region of the United States as determined
by the President and the Secretary of Energy at the time in
which a determination under paragraph (1) is made, and for a
period of 30 days after such determination is made. The
President may extend the prohibition for such additional 30-day
periods as the President determines necessary.
SEC. 403. FTC INVESTIGATION ON PRICE-GOUGING.
(a) Study.--The Federal Trade Commission shall conduct an
investigation into nationwide gasoline prices in the aftermath of
Hurricane Katrina, including any evidence of price-gouging by subject
companies described in subsection (b). Such investigation shall
include--
(1) a comparison of, and analysis of the reasons for
changes in, profit levels of subject companies during the 12-
month period ending on August 31, 2005, and their profit levels
for the month of September, 2005, including information for
particular companies on a basis that does not permit the
identification of any company to which the information relates;
(2) a summary of tax expenditures (as defined in section
3(3) of the Congressional Budget and Impoundment Control Act of
1974 (2 U.S.C. 622(3)) for such companies;
(3) an examination of the effects of increased gasoline
prices and gasoline price-gouging on economic activity in the
United States;
(4) an analysis of the overall cost of increased gasoline
prices and gasoline price-gouging to the economy, including the
impact on consumers' purchasing power in both declared State
and National disaster areas and elsewhere; and
(5) an analysis of the role and overall cost of credit card
interchange rates on gasoline and diesel fuel retail prices.
(b) Subject Companies.--The companies subject to the investigation
required by this section shall be--
(1) any company with total United States wholesale sales of
gasoline and petroleum distillates for calendar year 2004 in
excess of $500,000,000; and
(2) any retail distributor of gasoline and petroleum
distillates against which multiple formal complaints (that
identify the location of the particular retail distributor and
provide contact information for the complainant) of price-
gouging were filed in August or September 2005, with a Federal
or State consumer protection agency.
(c) Evidence of Price-Gouging.--In conducting its investigation,
the Commission shall treat as evidence of price-gouging any finding
that the average price of gasoline available for sale to the public in
September, 2005, or thereafter in a market area located in an area
designated as a State or National disaster area because of Hurricane
Katrina, or in any other area where price-gouging complaints have been
filed because of Hurricane Katrina with a Federal or State consumer
protection agency, exceeded the average price of such gasoline in that
area for the month of August, 2005, unless the Commission finds
substantial evidence that the increase is substantially attributable to
additional costs in connection with the production, transportation,
delivery, and sale of gasoline in that area or to national or
international market trends.
(d) Reports.--
(1) Notification to state agencies.--In any areas of
markets in which the Commission determines price increases are
due to factors other than the additional costs, it shall also
notify the appropriate State agency of its findings.
(2) Progress and final reports to congress.--The Commission
shall provide information on the progress of the investigation
to the Appropriations Committees of the House of
Representatives and the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate, every 30
days after the date of enactment of this Act. The Commission
shall provide those Committees a written interim report 90 days
after such date, and shall transmit a final report to those
Committees, together with its findings and recommendations, no
later than 180 days after the date of enactment of this Act.
Such reports shall include recommendations, based on its
findings, for any legislation necessary to protect consumers
from gasoline price-gouging in both State and National disaster
areas and elsewhere.
(e) Evidence of Criminal Misconduct.--If, during the investigation
required by this section, the Commission obtains evidence that a person
may have violated a criminal law, the Commission may transmit that
evidence to appropriate Federal or State authorities.
SEC. 404. FTC STUDY OF PETROLEUM PRICES ON EXCHANGE.
Not later than 180 days after the date of enactment of this Act,
the Federal Trade Commission shall transmit to Congress a report on the
price of refined petroleum products on the New York Mercantile Exchange
and the effects on such price, if any, of the following:
(1) The geographic size of the delivery market and the
number of delivery points.
(2) The proximity of energy futures markets in relation to
the source of supply.
(3) The specified grade of gasoline deliverable on the
exchange.
(4) The control of the storage and delivery market
infrastructure.
(5) The effectiveness of temporary trading halts and the
monetary threshold for such temporary trading halts.
TITLE V--STRATEGIC PETROLEUM RESERVE
SEC. 501. STRATEGIC PETROLEUM RESERVE CAPACITY.
(a) Authority to Drawdown and Sell Petroleum Products for Expansion
of Reserve.--In addition to the authority provided under part B of
title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et
seq.), the Secretary may drawdown and sell petroleum products from the
Strategic Petroleum Reserve to construct, purchase, lease, or otherwise
acquire additional capacity sufficient to permit filling the Strategic
Petroleum Reserve to its maximum authorized level.
(b) Establishment of SPR Expansion Fund.--The Secretary of the
Treasury shall establish in the Treasury of the United States an
account to be known as the ``SPR Expansion Fund'' (in this section
referred to as the ``Fund''), and the proceeds from any sale pursuant
to subsection (a) shall be deposited into the Fund.
(c) Obligation of Funds for Expansion.--Amounts in the Fund may be
obligated by the Secretary to carry out the purposes in subsection (a)
to the extent and in such aggregate amounts as may be appropriated in
advance in appropriations Acts for such purposes.
SEC. 502. STRATEGIC PETROLEUM RESERVE SALE.
Section 161(e) of the Energy Policy and Conservation Act (42
U.S.C. 6241(e)) is amended by inserting after paragraph (2) a new
paragraph as follows:
``(3) Any contract under which petroleum products are sold under
this section shall include a requirement that the person or entity that
acquires the petroleum products agrees--
``(A) not to resell the petroleum products before the
products are refined; and
``(B) to refine the petroleum products primarily for
consumption in the United States.''.
SEC. 503. NORTHEAST HOME HEATING OIL RESERVE CAPACITY.
Section 181(a) of the Energy Policy and Conservation Act (42 U.S.C.
6250(a)) is amended by striking ``2 million barrels'' and inserting ``5
million barrels''.
TITLE VI--CRITICAL ENERGY ASSURANCE
SEC. 601. EVACUATION PLAN REVIEW.
Not later than 6 months after the date of enactment of this Act,
the Secretary shall transmit to the Congress a report of the
Secretary's review of the fuel supply plan components of State
evacuation plans and the National Capitol region. Such report shall
determine the sufficiency of such plans, and shall include
recommendations for improvements thereto. Annually after the
transmittal of a report under the preceding sentence, the Secretary
shall transmit a report to the Congress assessing plans found
insufficient under previous reports.
SEC. 602. DISASTER ASSISTANCE.
(a) Authority.--During any federally declared emergency or
disaster, the Secretary may provide direct assistance to private sector
entities that operate critical energy infrastructure, including
refineries.
(b) Assistance.--Assistance under this section may include
emergency preparation and recovery assistance, including power
generation equipment, other protective or emergency recovery equipment,
assistance to restore access to water, power, or other raw materials,
and transportation and housing for critical employees. The Secretary
may request assistance from other Federal agencies in carrying out this
section.
SEC. 603. CRITICAL ENERGY ASSURANCE ACCOUNT.
There is established in the Treasury an account known as the
Critical Energy Assurance Account. The Secretary shall deposit into
this account amounts appropriated to the Secretary for the purpose of
carrying out this title and payments paid to the Secretary by any non-
Federal source for the purpose of carrying out this title. The
Secretary may receive and accept payments from any non-Federal source,
which shall be available to the Secretary, without further
appropriation, for carrying out this title.
SEC. 604. REGULATIONS.
The Secretary may issue regulations necessary or appropriate to
carry out this title.
Passed the House of Representatives October 7, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
By Gerasimos C. Vans,
Deputy Clerk.