[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3792 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3792

      To provide for the establishment of a Gasoline Availability 
             Stabilization Reserve, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2005

Mr. Brown of Ohio (for himself and Mrs. Capps) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
      To provide for the establishment of a Gasoline Availability 
             Stabilization Reserve, 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 ``Gasoline Availability Stabilization 
Reserve Act''.

SEC. 2. GASOLINE AVAILABILITY STABILIZATION RESERVE.

    (a) Establishment.--
            (1) Authority.--The Secretary of Energy shall establish a 
        Gasoline Availability Stabilization Reserve (in this section 
        referred to as the ``GAS Reserve'') system with a total 
        capacity of 20,000,000 barrels of regular unleaded gasoline.
            (2) Reserve sites.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall determine a site for 
        one GAS Reserve each in the Northeast and Midwest regions of 
        the United States, and one in California. Such reserve sites 
        shall be operational within 2 years after the date of enactment 
        of this Act. The Secretary may establish two additional GAS 
        Reserve sites at locations selected by the Secretary.
            (3) Security.--In establishing the GAS Reserve under this 
        section, the Secretary shall obtain the concurrence of the 
        Secretary of Homeland Security with respect to physical design 
        security and operational security.
    (b) Transportation Plan.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Energy shall transmit to the 
Congress, the Secretary of Homeland Security, and the Governor of each 
State in which a reserve will be sited a plan for the transportation of 
the contents of the GAS Reserve under this section to consumers in the 
event of an emergency sale under subsection (d).
    (c) Fill Date.--The Secretary of Energy shall complete the process 
of filling the GAS Reserve under this section by March 1, 2007.
    (d) Emergency Sale Authorization.--The Secretary of Energy shall 
sell gasoline from the GAS Reserve if--
            (1) the Governor of a State transmits to the Secretary a 
        written request for GAS Reserve emergency sales assistance 
        which--
                    (A) cites a physical disruption in the system 
                supplying gasoline to the Governor's State; and
                    (B) demonstrates to the satisfaction of the 
                Secretary that such disruption is likely to result in 
                price volatility for retail gasoline markets in the 
                Governor's State; and
            (2) the Secretary determines that--
                    (A) GAS Reserve emergency sales would mitigate 
                gasoline price volatility in the Governor's State;
                    (B) GAS Reserve emergency sales would not have an 
                adverse effect on the long-term economic viability of 
                retail gasoline markets in the Governor's State and 
                adjacent States;
                    (C) the physical disruption described in paragraph 
                (1)(A) is likely to result in general economic 
                disruption in the Governor's State and adjacent States; 
                and
                    (D) GAS Reserve emergency sales would serve to 
                stabilize gasoline prices, not suppress prices below 
                long-term market trend levels.
    (e) Procedure.--
            (1) Secretary's response.--The Secretary of Energy shall 
        respond to a request transmitted under subsection (d)(1) within 
        10 days of receipt of a request by--
                    (A) approving the request;
                    (B) denying the request; or
                    (C) requesting additional supporting information.
            (2) Approval.--If the Secretary approves a request, the 
        Secretary shall provide to the Governor a written notice of 
        approval that includes--
                    (A) a description of the GAS Reserve emergency sale 
                plan; and
                    (B) an explanation of the Secretary's decision.
            (3) Denial.--If the Secretary denies a request, the 
        Secretary shall provide to the Governor a written notice of 
        denial that includes an explanation of the Secretary's 
        decision.
            (4) Additional information.--If the Secretary requests 
        additional information and the Governor does not respond for a 
        period of 10 days, the Governor's request shall be denied. If 
        the Governor provides all requested additional information in 
        timely manner, the Secretary shall approve or deny the request 
        within 10 days after receipt of such information.
    (f) Maintenance Transactions.--The Secretary of Energy is 
authorized to conduct purchases and sales of gasoline at wholesale for 
maintenance of the GAS Reserve system. In conducting maintenance 
transactions, the Secretary shall ensure that--
            (1) the GAS Reserve is available to respond to emergencies 
        during periods of the annual gasoline market cycle when the 
        Secretary expects demand to be highest;
            (2) the GAS Reserve does not contain gasoline for a period 
        of time so long as to jeopardize its quality; and
            (3) maintenance transactions are timed so as to minimize 
        their impact on the retail price of gasoline.
    (g) Reports.--Not later than November 1 of each year, the Secretary 
of Energy shall transmit to the Committee on Energy and Commerce of the 
House of Representatives and to the Committee on Energy and Natural 
Resources of the Senate a report on the GAS Reserve program, describing 
the physical status of GAS Reserve facilities, the program's financial 
outlook, and the disposition of any emergency sales request received 
and any emergency sales conducted since the last report, and 
recommending any additional appropriations or technical changes 
appropriate to improve the program's operation.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy such sums as may be necessary 
for construction and operation of the GAS Reserve for fiscal years 2006 
through 2011.
                                 <all>