[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3893 Engrossed in House (EH)]


109th CONGRESS

  1st Session

                               H. R. 3893

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                H. R. 3893

_______________________________________________________________________

                                 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:

                                                                 Clerk.