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








109th CONGRESS
  1st Session
                                H. R. 3893

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2005

 Mr. Barton of Texas introduced the following bill; which was referred 
    to the Committee on Energy and Commerce, and in addition to the 
 Committees on Transportation and Infrastructure, Armed Services, and 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  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. New source review under Clean Air Act.
Sec. 107. Waiver authority for extreme fuel supply emergencies.
Sec. 108. List of fuel blends.
Sec. 109. Attainment dates for downwind ozone nonattainment areas.
Sec. 110. Northwest crude oil supply.
Sec. 111. Discounted sales of royalty-in-kind oil to qualified small 
                            refineries.
Sec. 112. Study and Report Relating to Streamlining Paperwork 
                            Requirements.
              TITLE II--INCREASING DELIVERY INFRASTRUCTURE

Sec. 201. Process coordination; hearings; rules of procedure.
Sec. 202. Issuance of Commission order.
Sec. 203. Backup power capacity.
Sec. 204. Sunset of loan guarantees.
Sec. 205. Offshore gathering pipelines.
Sec. 206. Savings clause.
                        TITLE III--CONSERVATION

Sec. 301. Department of Energy carpooling and vanpooling program.
Sec. 302. Evaluation and assessment of carpool and vanpool projects.
Sec. 303. Internet utilization.
Sec. 304. Fuel consumption education campaign.
                    TITLE IV--GASOLINE PRICE REFORM

Sec. 401. FTC investigation on price-gouging.
Sec. 402. 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. 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, impacting 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 Americans 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 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; 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) 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, that 
        are appropriate for the purposes of siting a refinery. Any such 
        designation may be based on 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 sites are in close proximity to 
                substantial pipeline infrastructure, including both 
                crude and refined petroleum product pipelines, and 
                potential infrastructure feasibility;
                    (D) the need to diversify the geographical location 
                of the Nation's 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) national defense; and
                    (G) such other factors as the President considers 
                appropriate.
            (2) Military installations.--Among the sites designated 
        pursuant to this subsection, the President shall designate no 
        less than 3 military installations closed pursuant to a base 
        closure law (as defined in section 101(a)(17) of title 10, 
        United States Code), as suitable for the construction of a 
        refinery. Until the expiration of 2 years after the date of 
        enactment of this Act, the Federal Government shall not sell or 
        otherwise dispose of the military installations designated 
        pursuant to this subsection.
    (c) Applicability.--Section 102 shall only apply to refineries 
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) of this section; or
            (2) on a site designated by the President under subsection 
        (b).
    (d) Definition.--For purposes of this section--
            (1) 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; and
                    (C) designated as a National Monument; and
            (2) 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, and amounts deposited into the 
account, whether appropriated or received from a non-Federal source, 
shall be available to the Secretary, without further appropriation, for 
the payment of the costs specified in subsection (b)(3).
    (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; or
            (2) on a site designated by the President under section 
        101(a).

SEC. 105. MILITARY USE REFINERY.

    (a) Authorization.--The President may authorize the design of, 
obtain all necessary Federal refinery authorizations for, acquire an 
appropriate site for, and authorize the construction and operation of a 
refinery for the purpose of manufacturing petroleum products for 
consumption by the Armed Forces of the United States. A refinery 
constructed under this section shall be located at a site designated by 
the President under section 101(b).
    (b) Solicitation for Design and Construction.--The President shall 
solicit proposals for the design and construction of a refinery under 
this section. In selecting a proposal 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) Operation.--When all design, Federal refinery authorization, 
acquisition, and construction activities are completed with respect to 
a refinery under this section, the President shall offer for sale or 
lease the rights to operate such refinery. If the President is unable 
to sell or lease the right to operate the refinery, it shall be 
operated by the Federal Government.
    (e) Use of Products.--
            (1) In general.--Except as provided in paragraph (2), all 
        petroleum products manufactured at a refinery constructed under 
        this section shall be for use by the Armed Forces of the United 
        States.
            (2) Exception.--The Secretary of Energy, at the direction 
        of the President, may sell any portion of the petroleum 
        products manufactured at the refinery that are not needed for 
        the purposes described in paragraph (1) in private markets at 
        the products' fair market value.

SEC. 106. NEW SOURCE REVIEW UNDER CLEAN AIR ACT.

    (a) Rulemaking.--Considering the devastation brought about by the 
recent natural disasters, and the adverse impact of such disasters on 
the United States energy markets, including both the availability and 
the price of energy, the Administrator shall initiate a rulemaking, to 
issue guidance, and to take all other appropriate steps to reform, as 
expeditiously as practicable, the New Source Review programs under 
title I, parts C and D of the Clean Air Act. Taking into account the 
urgent need to increase the efficiency and availability and to improve 
the reliability of the energy supply to consumers and industrial 
sources, and to secure a decrease in energy prices, the Administrator, 
in undertaking these reform efforts, should utilize and draw upon the 
maximum legal flexibility available under existing law, in order to 
enable energy industry facilities, including, but not limited to, 
refineries, electric power generating stations, and compressor 
stations, to undertake without hindrance, promptly and in the least-
cost manner, projects to maintain, to restore, and to improve the 
efficiency, the reliability, or the availability of such facilities.
    (b) Definition.--Section 302 of the Clean Air Act (42 U.S.C. 7602) 
is amended by adding the following new subsection at the end thereof:
    ``(aa) Physical Change, or Change in the Method of Operation of 
Existing Emissions Unit.--For purposes of parts C and D of this title, 
the term `physical change, or change in the method of operation of,' as 
applied to an existing emissions unit, means a `modification' as 
defined in paragraphs (a), (b), (c), (e), and (h) of title 40 of the 
Code of Federal Regulations, section 60.14 (as in effect on September 
22, 2005), except that paragraph (h) shall apply to all industrial 
categories and paragraph (e)(1) shall include all repairs and 
replacements covered by section 51.166(y) of title 40 of the Code of 
Federal Regulations (as in effect on December 31, 2004).''.

SEC. 107. 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 of the 
Environmental Protection Agency and the Secretary of Energy--
            ``(aa) may temporarily waive any control or prohibition 
        respecting the use of a fuel or fuel additive required by this 
        section; and
            ``(bb) may preempt and temporarily waive any related or 
        equivalent control or prohibition respecting the use of a fuel 
        or fuel additive prescribed by a State or local statute or 
        regulation, including any such requirement in a State 
        implementation plan.
    ``(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.''; 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. 108. LIST OF FUEL BLENDS.

    (a) List of Blends.--Section 211(c)(4)(C)(viii) of the Clean Air 
Act (42 U.S.C. 7545(c)(4)(C)(viii)), as so redesignated by section 
107(1) of this Act, is amended--
            (1) by striking subclauses (I) through (V);
            (2) by redesignating subclause (VI) as subclause (V); and
            (3) by inserting the following before subclause (V), as so 
        redesignated by paragraph (2) of this subsection:
    ``(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 fuel blends 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 
alternative diesel fuel blend approved under this subparagraph before 
enactment of this subclause, one conventional gasoline for ozone 
attainment areas, one reformulated gasoline (RFG) meeting the 
requirements of subsection (k), and 2 additional gasoline blends with 
Reid vapor pressure (RVP) controls for use in ozone nonattainment areas 
of varying degrees of severity. None of the fuel blends identified 
under this subclause shall control fuel sulfur or toxics levels beyond 
levels required by regulations of the Administrator.
    ``(II) Gasoline and diesel fuel blends 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 fuel blends in State 
implementation plans with the blends 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 fuel blends to 6, including one 
        Federal diesel fuel, one alternative diesel fuel blend, one 
        conventional gasoline for ozone attainment areas, one 
        reformulated gasoline (RFG) meeting the requirements of 
        subsection (k), and 2 additional gasoline blends with Reid 
        vapor pressure (RVP) controls for use in ozone nonattainment 
        areas of varying degrees of severity.''.

SEC. 109. 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.--
                    ``(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) 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--
                    ``(A) the plan revision for the downwind area 
                complies 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 includes 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 paragraph 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. 110. NORTHWEST CRUDE OIL SUPPLY.

    Section 5(b) of the Act entitled ``An Act to authorize 
appropriations for fiscal year 1978 to carry out the Marine Mammal 
Protection Act of 1972'', enacted October 18, 1977 (Public Law 95-136) 
is amended by striking ``for consumption in the State of Washington''.

SEC. 111. DISCOUNTED 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 charge a discounted price in any sale to a qualified small 
refinery of crude oil obtained by the United States as royalty-in-kind.
    (b) Amount of Discount.--The regulations shall provide that the 
amount of any discount applied pursuant to this section in 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) Termination of Discount.--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.
    (d) Qualified Small Refinery.--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. 112. STUDY AND REPORT RELATING TO STREAMLINING PAPERWORK 
              REQUIREMENTS.

    (a) Study.--The Administrator of the Environmental Protection 
Agency 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.

              TITLE II--INCREASING DELIVERY INFRASTRUCTURE

SEC. 201. PROCESS COORDINATION; HEARINGS; 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, construction, expansion, or operation 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, construction, expansion, or operation of a 
                crude oil or refined petroleum product pipeline 
                facility in interstate commerce.
    (b) Commission Authorization Required.--
            (1) Requirement.--No person shall site, construct, expand, 
        or operate a crude oil or refined petroleum product pipeline 
        facility in interstate commerce without an order from the 
        Commission authorizing such action.
            (2) Notice and hearing.--Upon the filing of an application 
        to site, construct, expand, or operate a crude oil or refined 
        petroleum product pipeline facility in interstate commerce, the 
        Commission shall--
                    (A) set the matter for hearing;
                    (B) give reasonable notice of the hearing to all 
                interested persons;
                    (C) decide the matter in accordance with this 
                title; and
                    (D) issue or deny the appropriate order 
                accordingly.
    (c) 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 for the purposes of complying with 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.) 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.
    (d) 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 (f).
    (e) 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 (f) 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.
    (f) 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 (d) 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, construction, expansion, or operation 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 (e).
            (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. 202. ISSUANCE OF COMMISSION ORDER.

    (a) Criteria.--Upon application by a qualified applicant, the 
Commission shall issue an order authorizing, in whole or in part, the 
siting, construction, expansion, or operation of a crude oil or refined 
petroleum product pipeline facility in interstate commerce--
            (1) unless the Commission finds that such actions or 
        operations will not be consistent with the public interest; and
            (2) if the Commission has found that the applicant is--
                    (A) able and willing to carry out the actions and 
                operations proposed; and
                    (B) willing to conform to any terms, conditions, or 
                other requirements of the Commission under this 
                section.
    (b) Terms and Conditions.--The Commission may by its order grant an 
application, in whole or in part, with such modification and upon such 
terms and conditions as the Commission may find necessary or 
appropriate.
    (c) Rights-of-Way.--When any holder of an order from the Commission 
under this section cannot acquire by contract, or is unable to agree 
with the owner of property to the compensation to be paid for--
            (1) the necessary right-of-way to site, construct, operate, 
        and maintain a pipeline or pipelines for the transportation of 
        crude oil or refined petroleum products; and
            (2) the necessary land or other property for the location 
        of compressor stations, pressure apparatus, or other stations 
        or equipment necessary to the proper operation of such pipeline 
        or pipelines,
the holder of the order may acquire such property by the exercise of 
the right of eminent domain in the district court of the United States 
for the district in which such property may be located, or in the State 
courts. The practice and procedure in any action or proceeding under 
this subsection in the district court of the United States shall 
conform as nearly as may be with the practice and procedure in similar 
action or proceeding in the courts of the State where the property is 
situated.

SEC. 203. BACKUP POWER CAPACITY.

    (a) Requirement.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall issue regulations requiring the owners 
or operators of crude oil or refined petroleum product pipeline 
facilities that the Secretary finds to be significant to the Nation's 
supply needs to ensure the availability of sufficient backup power 
capacity, in areas that have historically been subject to higher 
incidents of natural disasters such as hurricanes, earthquakes, and 
tornados, to provide for the continued operation of the pipeline 
facilities in the event of any reasonably foreseeable emergency 
situation.
    (b) Suspension of Certain Requirements.--The Administrator shall 
promulgate regulations providing for the temporary suspension, for the 
duration of an emergency described in subsection (a), of all or part of 
any requirement (including any Federal or State permitting requirement, 
emissions limit, or operations limit) in effect under the Clean Air Act 
or under any implementation plan in effect under that Act to the extent 
that such requirement applies to the process or equipment necessary to 
provide backup power capacity under subsection (a).

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 60 days after the date of 
enactment of the Gasoline for America's Security Act of 2005 if the 
State of Alaska and all interested parties have not entered into an 
agreement pursuant to Alaska Stranded Gas Development Act which 
contractually binds the parties to deliver North Slope natural gas to 
markets via the proposed Alaska Natural Gas Pipeline.''.

SEC. 205. OFFSHORE GATHERING PIPELINES.

    Section 1(b) of the Natural Gas Act (15 U.S.C. 717(b)) is amended--
            (1) by striking ``and to natural gas companies'' and 
        inserting ``to natural gas companies'';
            (2) by inserting ``, gathering in Federal waters,'' after 
        ``such transportation or sale''; and
            (3) by striking ``the production or gathering of natural 
        gas'' and inserting ``the production of natural gas or to the 
        gathering onshore or in State waters of natural gas''.

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

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.

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 van pool 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.

    The program established under section 301 shall include outreach 
activities and marketing programs, including the utilization of the 
Internet for marketing and outreach, to encourage, facilitate, provide 
incentives for, and maintain carpools and vanpools without regard to 
any limitation on operating costs.

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.

                    TITLE IV--GASOLINE PRICE REFORM

SEC. 401. 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; and
            (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.
Chapter 35 of title 44, United States Code, does not apply to the 
collection of information for the investigation required by this 
section.
    (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; 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, to 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. 402. 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.--Notwithstanding any other provision of law, 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.
    (d) Offsetting Collections.--The proceeds from any sale pursuant to 
subsection (a) shall be credited to the Fund as offsetting collections 
in amounts not to exceed the amounts annually appropriated from the 
Fund.

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.''.
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