[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3816 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3816

 To authorize the Secretary of Energy to carry out a program to lease 
underused facilities of the Strategic Petroleum Reserve, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2020

  Mr. Cassidy introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of Energy to carry out a program to lease 
underused facilities of the Strategic Petroleum Reserve, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strategic Petroleum Reserve Reform 
Act''.

SEC. 2. USE OF UNDERUSED STRATEGIC PETROLEUM RESERVE FACILITIES.

    (a) In General.--Section 168 of the Energy Policy and Conservation 
Act (42 U.S.C. 6247a) is amended to read as follows:

``SEC. 168. USE OF UNDERUSED FACILITIES.

    ``(a) Leasing of Facilities.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title, the Secretary may establish a program (referred to 
        in this section as the `program') under which the Secretary may 
        lease underused storage facilities and related facilities of 
        the Strategic Petroleum Reserve to private entities and foreign 
        governments for any term and under such other conditions as the 
        Secretary considers necessary or appropriate.
            ``(2) Exclusion from strategic petroleum reserve.--
        Petroleum products stored in a storage facility or related 
        facility leased under the program shall not be part of the 
        Strategic Petroleum Reserve.
    ``(b) Protection of Facilities.--Each lease entered into under the 
program shall contain provisions requiring the lessee to pay fees to 
fully compensate the United States for all costs relating to the 
storage and removal of petroleum products (including the proportionate 
cost of any replacement facility necessitated as a result of any 
withdrawal) incurred by the United States as a result of the lease.
    ``(c) Access to Petroleum Products by the United States.--The 
Secretary shall ensure that each lease entered into under the program 
shall not impair the ability of the United States to withdraw, 
distribute, or sell petroleum products from the Strategic Petroleum 
Reserve in response to--
            ``(1) an energy emergency; or
            ``(2) the obligations of the United States under the 
        international energy program.
    ``(d) National Security.--The Secretary shall ensure that any lease 
entered into under the program with a foreign government shall not 
impair national security.
    ``(e) Deposits of Amounts Received.--
            ``(1) In general.--Except as provided in paragraph (2), 
        amounts received from a lease entered into under the program 
        shall be deposited in the general fund of the Treasury during 
        the fiscal year in which the amounts are received.
            ``(2) Payment of costs.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary, without further 
                appropriation, may use amounts received from a lease 
                entered into under the program for the costs described 
                in subsection (b).
                    ``(B) Exception.--The Secretary may not use amounts 
                received from a lease entered into under the program 
                for any cost for additions or changes described in 
                subsection (f)(1).
    ``(f) Preparation of Facilities.--
            ``(1) In general.--In using amounts available in the Energy 
        Security and Infrastructure Modernization Fund established by 
        section 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 
        6239 note; Public Law 114-74) (referred to in this subsection 
        as the `Fund') for costs described in subsection (b), the 
        Secretary shall only use amounts for costs that relate to the 
        addition of a facility or changes to a facility or facility 
        operations necessary to lease the facility, including costs 
        relating to--
                    ``(A) the acquisition of land;
                    ``(B) the acquisition of any ancillary facility or 
                equipment;
                    ``(C) site development; and
                    ``(D) other necessary costs relating to capital 
                improvement.
            ``(2) Effect.--Nothing in this subsection alters or limits 
        the authority of the Secretary to use amounts in the Fund for 
        the uses authorized by section 404(d) of the Bipartisan Budget 
        Act of 2015 (42 U.S.C. 6239 note; Public Law 114-74).''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by 
striking the item relating to section 168 and inserting the following:

``Sec. 168. Use of underused facilities.''.

SEC. 3. PROGRAM TO LEASE STRATEGIC PETROLEUM RESERVE FACILITIES.

    (a) In General.--Part B of title I of the Energy Policy and 
Conservation Act (42 U.S.C. 6231 et seq.) is amended by adding at the 
end the following:

``SEC. 170. PROGRAM TO LEASE STORAGE AND RELATED FACILITIES.

    ``(a) Establishment.--Not later than 180 days after the date of 
enactment of the Strategic Petroleum Reserve Reform Act, as part of the 
program established under section 168, the Secretary shall establish a 
program (referred to in this section as the `program') to make 
available for lease--
            ``(1) capacity for storage of not more than 200,000,000 
        barrels of petroleum products at storage facilities of the 
        Strategic Petroleum Reserve; and
            ``(2) related facilities.
    ``(b) Contents.--In carrying out the program, the Secretary shall--
            ``(1) identify appropriate storage facilities and related 
        facilities of the Strategic Petroleum Reserve to lease, to make 
        maximum use of those facilities;
            ``(2) identify and implement any changes to facilities or 
        facility operations necessary to lease the facilities 
        identified under paragraph (1), including any changes necessary 
        to ensure the long-term structural viability and use of the 
        facilities for purposes of this part and part C;
            ``(3) make the facilities identified under paragraph (1) 
        available for lease; and
            ``(4) identify environmental effects, including benefits, 
        of leasing storage facilities and related facilities of the 
        Strategic Petroleum Reserve.
    ``(c) Report.--Not later than 18 months after the date of enactment 
of the Strategic Petroleum Reserve Reform Act, the Secretary shall 
submit to Congress a report describing the status of the program.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding 
at the end of the items relating to part B of title I the following:

``Sec. 170. Program to lease storage and related facilities.''.
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