[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5365 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5365

   To provide for the establishment of a Strategic Refinery Reserve.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2006

  Mr. Boucher (for himself and Mr. Dingell) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To provide for the establishment of a Strategic Refinery Reserve.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REFINERIES.

    Title I of the Energy Policy and Conservation Act is amended by 
adding at the end the following new part:

                          ``PART V--REFINERIES

``SEC. 191. STRATEGIC REFINERY RESERVE.

    ``(a) Establishment.--The Secretary shall establish and operate a 
Strategic Refinery Reserve in the United States. The Secretary may 
design and construct new refineries, or acquire closed refineries and 
reopen them, to carry out this section.
    ``(b) Operation.--The Secretary shall operate refineries in the 
Strategic Refinery Reserve for the following purposes:
            ``(1) During any period described in subsection (c), to 
        provide petroleum products to the general public.
            ``(2) To provide petroleum products to the Federal 
        Government, including the Department of Defense, as well as 
        State governments and political subdivisions thereof who choose 
        to purchase refined petroleum products from the Strategic 
        Refinery Reserve.
    ``(c) Emergency Periods.--The Secretary shall make petroleum 
products from the Strategic Refinery Reserve available under subsection 
(b)(1) only--
            ``(1) during a severe energy supply interruption, within 
        the meaning of such term under part B; or
            ``(2) if the President determines that there is a regional 
        petroleum product supply shortage of significant scope and 
        duration and that action taken under subsection (b)(1) would 
        assist directly and significantly in reducing the adverse 
        impact of such shortage.
    ``(d) Locations.--In determining the location of a refinery for the 
Strategic Refinery Reserve, the Secretary shall take into account the 
following factors:
            ``(1) Impact on the local community (determined after 
        requesting and receiving comments from State, county or parish, 
        and municipal governments, and the public).
            ``(2) Regional vulnerability to a natural disaster.
            ``(3) Regional vulnerability to terrorist attacks.
            ``(4) Proximity to the Strategic Petroleum Reserve.
            ``(5) Accessibility to energy infrastructure.
            ``(6) The need to minimize adverse public health and 
        environmental impacts.
            ``(7) The energy needs of the Federal Government, including 
        the Department of Defense.
    ``(e) Increased Capacity.--The Secretary shall ensure that 
refineries in the Strategic Refinery Reserve are designed to enable a 
rapid increase in production capacity during periods described in 
subsection (c).
    ``(f) Implementation Plan.--Not later than 6 months after the date 
of enactment of this section, the Secretary shall transmit to the 
Congress a plan for the establishment and operation of the Strategic 
Refinery Reserve under this section. Such plan shall provide for 
establishing, within 2 years after the date of enactment of this 
section, and maintaining a capacity for the Reserve equal to 5 percent 
of the total United States daily demand for gasoline, home heating oil, 
and other refined petroleum products. If the Secretary finds that 
achieving such capacity within 2 years is not feasible, the Secretary 
shall explain in the plan the reasons therefor, and shall include 
provisions for achieving such capacity as soon as practicable. Such 
plan shall also provide for adequate delivery systems capable of 
providing Strategic Refinery Reserve product to the entities described 
in subsection (b)(2).
    ``(g) Compliance With Federal Environmental Requirements.--Nothing 
in this section shall affect any requirement to comply with Federal or 
State environmental or other law.

``SEC. 192. REFINERY CLOSING REPORTS.

    ``(a) Closing Reports.--The owner or operator of a refinery in the 
United States shall notify the Secretary at least 6 months in advance 
of permanently closing the refinery, and shall include in such notice 
an explanation of the reasons for the proposed closing.
    ``(b) Reports to Congress.--The Secretary, in consultation with the 
Federal Trade Commission, shall promptly report to the Congress any 
report received under subsection (a), along with an analysis of the 
effects the proposed closing would have on petroleum product prices, 
competition in the refining industry, the national economy, regional 
economies and regional supplies of refined petroleum products, and 
United States energy security.''.
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