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


                                                  Union Calendar No.135
109th CONGRESS
  1st Session
                                H. R. 3893

                      [Report No. 109-244, Part I]

  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

                            October 6, 2005

  Reported from the Committee on Energy and Commerce with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 6, 2005

 Committees on Transportation and Infrastructure, Armed Services, and 
Resources discharged; committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                          September 26, 2005]

_______________________________________________________________________

                                 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.
Sec. 113. 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.
Sec. 207. Carbon-based fuel cell development.

                 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--COMMISSION FOR THE DEPLOYMENT OF THE HYDROGEN ECONOMY

Sec. 601. Establishment.
Sec. 602. Duties of Commission.
Sec. 603. Membership.
Sec. 604. Staff of Commission; experts and consultants.
Sec. 605. Powers of Commission.
Sec. 606. Report.

                  TITLE VII--CRITICAL ENERGY ASSURANCE

Sec. 701. Evacuation plan review.
Sec. 702. Disaster assistance.
Sec. 703. Critical Energy Assurance Account.
Sec. 704. 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) 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 oil 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.--
                    (A) Designation.--Among the sites designated 
                pursuant to this subsection, the President shall 
                designate no less than 3 closed military installations, 
                or portions thereof, as suitable for the construction 
                of a refinery. Except as provided in subparagraph (B), 
                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.
                    (B) Governor's objection.--No site may be used for 
                a refinery under this title if, not later than 60 days 
                after designation of the site under subparagraph (A), 
                the Governor of the State in which the site is located 
                transmits to the President an objection to the 
                designation, unless, not later than 60 days after the 
                President receives such objection, the Congress has by 
                law overridden the objection.
    (c) Lease of Sites.--The Federal Government shall offer for lease, 
or select under section 105(a), 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 subsection, or selection under 
section 105(a), shall be deemed to be the appropriate disposition of 
the site. A site shall not be leased under this subsection except for 
the purpose of construction of a refinery.
    (d) 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) of this section.
    (e) Definition.--For purposes of this section--
            (1) the term ``closed military installations'' means 
        facilities closed pursuant to a base closure law (as defined in 
        section 101(a)(17) of title 10, United States Code) and 
        facilities identified for closure in 2005 and included on the 
        list of installations forwarded by the President to Congress on 
        September 15, 2005, pursuant to a base closure law;
            (2) 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
            (3) 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, to 
the extent provided in advance in appropriations Acts, may authorize 
the design and construction of and select an appropriate site for, a 
refinery for the exclusive 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). Such site shall be leased, for its 
fair market value, to the applicant selected to operate the refinery 
pursuant to subsection (b).
    (b) Solicitation for Design, Construction, and Operation.--The 
President shall solicit proposals for the design, construction, and 
operation of a refinery 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 their fair market value for use by 
the Armed Forces of the United States.

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, 
issue guidance, and 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, shall 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 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, 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. 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.--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. 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 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. 113. 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 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 move 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 company 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.

SEC. 207. CARBON-BASED FUEL CELL DEVELOPMENT.

    (a) Grant Authority.--The Secretary is authorized to make a single 
grant to a qualified institution to design and fabricate a 5-kilowatt 
prototype coal-based fuel cell with the following performance 
objectives:
            (1) A current density of 600 milliamps per square 
        centimeter at a cell voltage of 0.8 volts.
            (2) An operating temperature range not to exceed 900 
        degrees Celsius.
    (b) Qualified Institution.--For the purposes of subsection (a), a 
qualified institution is a research-intensive institution of higher 
education with demonstrated expertise in the development of carbon-
based fuel cells allowing the direct use of high sulfur content coal as 
fuel, and which has produced a laboratory-scale carbon-based fuel cell 
with a proven current density of 100 milliamps per square centimeter at 
a voltage of 0.6 volts.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for carrying out this section $850,000 
for fiscal year 2006.

                 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 and in an area 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 gasoline or diesel fuel at a price which constitutes 
price gouging as defined by rule pursuant to subsection (b).
    (b) Price Gouging.--Not later than 1 year after the date of the 
enactment of this Act, the Commission shall promulgate any rules 
necessary for the enforcement of this section. Based on its findings 
from the investigation required by section 403, the Commission shall, 
in such rules, define ``price gouging'' for purposes of this section. 
Such rules 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.--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 Act 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 Act.
    (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 person per day in which a 
violation occurs.
    (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 gasoline or diesel fuel.
            (2) Applicable area and period.--The prohibition in 
        subsection (a) shall apply in an area determined to be a major 
        disaster under paragraph (1) and for a period of 30 days after 
        such determination is made.

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--
                    (A) the role and overall cost of credit card 
                interchange rates on gasoline and diesel fuel retail 
                prices; and
                    (B) the varying cost of credit card interchange 
                rates that are applied to different channels of trade.
    (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.--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.

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--COMMISSION FOR THE DEPLOYMENT OF THE HYDROGEN ECONOMY

SEC. 601. ESTABLISHMENT.

    There is established a commission to be known as the ``Commission 
for the Deployment of the Hydrogen Economy'' (in this title referred to 
as the ``Commission'').

SEC. 602. DUTIES OF COMMISSION.

    The Commission shall develop a strategic plan that identifies the 
best methods available to marshal the resources of the Federal 
Government, State governments, local governments, the private sector, 
and academia to achieve the mass commercialization of hydrogen as an 
energy source for stationary fuel cells and vehicle fuel cells at the 
soonest possible date. Such plan shall take into account actions 
previously taken by the Federal Government, State governments, local 
governments, the private sector, and academia. The Commission shall 
also examine ways to ensure that the United States can use all 
available feedstocks for hydrogen production, and shall make 
recommendations for an appropriate entity to monitor ongoing progress 
in implementing the strategic plan.

SEC. 603. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 8 
members appointed as follows:
            (1) 2 members appointed by the Speaker of the House of 
        Representatives.
            (2) 2 members appointed by the minority leader of the House 
        of Representatives.
            (3) 2 members appointed by the majority leader of the 
        Senate.
            (4) 2 members appointed by the minority leader of the 
        Senate.
    (b) Qualifications.--Individuals appointed under subsection (a) 
shall have at least 5 years of professional-level experience in 
science, technology, engineering, or public policy. The appointing 
officials shall coordinate their appointments so as to ensure that the 
Commission has a diverse range of such experience.
    (c) Appointment Date.--Appointments under subsection (a) shall be 
made not later than 2 months after the date of enactment of this Act.
    (d) Vacancies.--A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
    (e) Basic Pay.--
            (1) Rates of pay.--Members shall each be paid at a rate not 
        to exceed the daily rate of basic pay for level V of the 
        Executive Schedule for each day (including travel time) during 
        which they are engaged in the actual performance of duties 
        vested in the Commission.
            (2) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or 
        employees of the United States may not receive additional pay, 
        allowances, or benefits by reason of their service on the 
        Commission.
    (f) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.
    (g) Quorum.--Five members of the Commission shall constitute a 
quorum but a lesser number may hold hearings.
    (h) Chairperson; Vice Chairperson.--The Chairperson and Vice 
Chairperson of the Commission shall be elected by the members. The Vice 
Chairperson shall be a member of the Commission appointed by an 
appointing official of a different political party than the official 
who appointed the Chairperson to the Commission.

SEC. 604. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Staff.--Subject to rules prescribed by the Commission, the 
Commission may appoint and fix the pay of personnel as it considers 
appropriate.
    (b) Applicability of Certain Civil Service Laws.--The staff of the 
Commission shall be appointed subject to the provisions of title 5, 
United States Code, governing appointments in the competitive service, 
and shall be paid in accordance with the provisions of chapter 51 and 
subchapter III of chapter 53 of that title relating to classification 
and General Schedule pay rates.
    (c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code.
    (d) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this title.

SEC. 605. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this title, hold hearings, sit and act at times and 
places, take testimony, and receive evidence as the Commission 
considers appropriate. The Commission may administer oaths or 
affirmations to witnesses appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this title. Upon request of the 
Chairperson or Vice Chairperson of the Commission, the head of that 
department or agency shall furnish that information to the Commission.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (e) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this title.
    (f) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission. The attendance of witnesses 
        and the production of evidence may be required from any place 
        within the United States at any designated place of hearing 
        within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the Commission may 
        apply to a United States district court for an order requiring 
        that person to appear before the Commission to give testimony, 
        produce evidence, or both, relating to the matter under 
        investigation. The application may be made within the judicial 
        district where the hearing is conducted or where that person is 
        found, resides, or transacts business. Any failure to obey the 
        order of the court may be punished by the court as civil 
        contempt.
            (3) Service of subpoenas.--The subpoenas of the Commission 
        shall be served in the manner provided for subpoenas issued by 
        a United States district court under the Federal Rules of Civil 
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is made under paragraph (2) may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.

SEC. 606. REPORT.

    The Commission shall transmit a report to the Congress not later 
than 8 months after the date of enactment of this Act. The report shall 
contain a detailed statement of the findings and conclusions of the 
Commission, together with its recommendations for legislation, 
administrative actions, and such other actions as the Commission 
considers appropriate.

                  TITLE VII--CRITICAL ENERGY ASSURANCE

SEC. 701. 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. 702. 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. 703. 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. 704. REGULATIONS.

    The Secretary may issue regulations necessary or appropriate to 
carry out this title.
                                                 Union Calendar No. 135

109th CONGRESS

  1st Session

                               H. R. 3893

                      [Report No. 109-244, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 6, 2005

  Reported from the Committee on Energy and Commerce with an amendment

                            October 6, 2005

 Committees on Transportation and Infrastructure, Armed Services, and 
Resources discharged; committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed