[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8989 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8989
To lower consumer fuel prices, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2022
Mr. Pallone (for himself, Mr. Rush, Ms. Kuster, Mr. O'Halleran, Mr.
Trone, Ms. Spanberger, Mr. Harder of California, Ms. Craig, and Mr.
Crow) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Oversight and Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To lower consumer fuel prices, 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 ``Buy Low and Sell
High Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PETROLEUM RESERVES
Sec. 101. Economic Petroleum Reserve.
Sec. 102. Establishing Strategic Refined Petroleum Product Reserves.
Sec. 103. Northeast Home Heating Oil Reserve.
Sec. 104. SPR Petroleum Account.
Sec. 105. Prohibition on certain exports.
Sec. 106. Strategic Petroleum Reserve reforms.
Sec. 107. Strategic Petroleum Reserve drawdown and sale.
Sec. 108. DOE study and plan for delivery of fuel during pipeline
disruptions.
TITLE II--FUEL DEMAND
Sec. 201. State energy transportation plans.
Sec. 202. Transportation electrification.
Sec. 203. Federal fleets.
TITLE III--FUEL SUPPLY
Sec. 301. Assistance for Western Hemisphere refineries.
TITLE I--PETROLEUM RESERVES
SEC. 101. ECONOMIC PETROLEUM RESERVE.
(a) Establishment.--Section 154 of the Energy Policy and
Conservation Act (42 U.S.C. 6234) is amended by adding at the end the
following:
``(g) Economic Petroleum Reserve.--
``(1) Establishment.--In carrying out subsection (b), the
Secretary shall establish and maintain within the Strategic
Petroleum Reserve an Economic Petroleum Reserve of up to
350,000,000 barrels of crude oil.
``(2) Source.--The Economic Petroleum Reserve shall consist
of--
``(A) 90,000,000 barrels of crude oil that are
stored in the Strategic Petroleum Reserve on the date
of enactment of this subsection, less any amounts drawn
down and sold under section 161(k) after such date; and
``(B) any crude oil purchased under section
160(i).''.
(b) Purchases.--Section 160 of the Energy Policy and Conservation
Act (42 U.S.C. 6240) is amended by adding at the end the following:
``(i) Purchase of Crude Oil for Economic Petroleum Reserve.--
``(1) In general.--For purposes of section 154(g), the
Secretary may acquire crude oil under this section only by
purchase from domestic producers for a contract price of not
more than $60 per barrel, in accordance with this subsection.
``(2) Immediate delivery.--The Secretary may enter into a
contract under paragraph (1) at any time for immediate delivery
of crude oil.
``(3) Future delivery.--
``(A) Authorized period.--During the period that
begins on the date of enactment of this subsection and
ends on December 31, 2024, the Secretary may enter into
a contract under paragraph (1) for delivery of crude
oil to occur during the period that begins on January
1, 2025, and ends on December 31, 2026.
``(B) Priority.--In carrying out subparagraph (A),
to the extent there are multiple offers for contracts
on equivalent terms, the Secretary shall give priority
to contracts for crude oil produced by wells, including
drilled but uncompleted wells, that are minimizing
greenhouse gas emissions from activities at such wells,
as determined by the Secretary in consultation with the
Administrator of the Environmental Protection Agency.
``(4) Funding.--The Secretary may enter into a contract
under paragraph (1) using amounts deposited in the SPR
Petroleum Account under section 167(c)--
``(A) that are attributable to covered receipts
described in section 167(e)(3)(A); or
``(B) that were appropriated for such purpose
pursuant to section 166.
``(5) Applicability of certain considerations.--The
objectives described in subsections (b)(4), (c)(2), and (c)(5)
shall not apply to the acquisition of crude oil pursuant to a
contract under paragraph (1).''.
(c) Drawdown and Sale.--Section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241) is amended by adding at the end the
following:
``(k) Drawdown and Sale From Economic Petroleum Reserve.--
``(1) In general.--Notwithstanding subsection (d)(1), the
Secretary may draw down and sell crude oil from amounts in the
Economic Petroleum Reserve established under section 154(g) at
any time the front-month futures price of West Texas
Intermediate crude oil has remained greater than $90 per barrel
for at least one week.
``(2) Appropriations.--
``(A) State energy transportation plans.--
Notwithstanding section 167, there is appropriated to
the Secretary of Energy to carry out section 367 an
amount equal to $9 for each barrel of crude oil sold
under this subsection.
``(B) Plug-in electric drive vehicle program.--
Notwithstanding section 167, there is appropriated to
the Secretary of Energy to carry out section 131(b) of
the Energy Independence and Security Act of 2007 (42
U.S.C. 17011) an amount equal to $2 for each barrel of
crude oil sold under this subsection.
``(C) Large-scale transportation sector
electrification program.--Notwithstanding section 167,
there is appropriated to the Secretary of Energy to
carry out section 131(c) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17011) an amount equal
to $3 for each barrel of crude oil sold under this
subsection.
``(D) Assistance for western hemisphere
refineries.--Notwithstanding section 167, there is
appropriated to the Secretary of Energy to carry out
section 301 of the Buy Low and Sell High Act an amount
equal to $1 for each barrel of crude oil sold under
this subsection.''.
SEC. 102. ESTABLISHING STRATEGIC REFINED PETROLEUM PRODUCT RESERVES.
(a) Establishment.--Title I of the Energy Policy and Conservation
Act (42 U.S.C. 6234) is amended by adding at the end the following:
``PART E --STRATEGIC REFINED PETROLEUM PRODUCT RESERVES
``SEC. 191. DEFINITIONS.
``In this part:
``(1) District.--The term `district' means, as designated
by the Administrator of the Energy Information Administration--
``(A) a Petroleum Administration for Defense
District; or
``(B) a sub-district of a Petroleum Administration
for Defense District.
``(2) Network.--The term `network' means the network of
Strategic Refined Petroleum Product Reserves established under
this part.
``(3) Reserve.--The term `Reserve' means a Strategic
Refined Petroleum Product Reserve established under this part.
``SEC. 192. ESTABLISHMENT.
``(a) In General.--Notwithstanding any other provision of this Act,
the Secretary shall establish, maintain, and operate a national network
of Strategic Refined Petroleum Product Reserves.
``(b) Locations.--In carrying out subsection (a), the Secretary
shall establish, maintain, and operate at least one Reserve in each
district.
``(c) Capacity.--Each Reserve shall have the capacity to contain at
least 4,000,000 barrels of gasoline and 2,000,000 barrels of diesel
fuel, and the network shall have the capacity to contain up to
250,000,000 barrels of gasoline and diesel fuel.
``(d) Relationship to SPR and Northeast Home Heating Oil Reserve.--
A Reserve established under this part is not a component of the
Strategic Petroleum Reserve established under part B of this title or
the Northeast Home Heating Oil Reserve established under part D of this
title.
``SEC. 193. AUTHORITY.
``To the extent necessary or appropriate to carry out this part,
the Secretary may--
``(1) purchase, contract for, lease, or otherwise acquire,
in whole or in part, storage and related facilities, and
storage services;
``(2) use, lease, maintain, sell, or otherwise dispose of
storage and related facilities acquired under this part;
``(3) acquire by purchase, exchange (including exchange of
petroleum products from the Strategic Petroleum Reserve or
received as royalty from Federal lands), lease, or otherwise,
gasoline or diesel fuel for storage in a Reserve;
``(4) store gasoline or diesel fuel in facilities not owned
by the United States; and
``(5) sell, exchange, or otherwise dispose of gasoline or
diesel fuel from a Reserve established under this part,
including to maintain the quality or quantity of the gasoline
or diesel fuel in a Reserve or to maintain the operational
capability of a Reserve.
``SEC. 194. CONDITIONS FOR RELEASE.
``(a) Gasoline Release.--The Secretary may sell gasoline from a
Reserve only upon a finding by the President that there is a severe
gasoline supply interruption within the district in which the Reserve
is located. Such a finding may be made only if the President determines
that--
``(1) a dislocation in the gasoline market has resulted
from such interruption; or
``(2) a circumstance, other than that described in
paragraph (1), exists that constitutes a regional gasoline
supply shortage of significant scope and duration and that
action taken under this section would assist directly and
significantly in reducing the adverse impact of such shortage.
``(b) Diesel Release.--The Secretary may sell diesel fuel from a
Reserve only upon a finding by the President that there is a severe
diesel fuel supply interruption within the district in which the
Reserve is located. Such a finding may be made only if the President
determines that--
``(1) a dislocation in the diesel fuel market has resulted
from such interruption; or
``(2) a circumstance, other than that described in
paragraph (1), exists that constitutes a regional diesel fuel
supply shortage of significant scope and duration and that
action taken under this section would assist directly and
significantly in reducing the adverse impact of such shortage.
``(c) Definitions.--For purposes of this section--
``(1) the term `covered entity' means--
``(A) the People's Republic of China;
``(B) the Democratic People's Republic of Korea;
``(C) the Russian Federation;
``(D) the Islamic Republic of Iran;
``(E) any other country the government of which is
subject to sanctions imposed by the United States; and
``(F) any entity owned, controlled, or influenced
by--
``(i) a country referred to in any of
subparagraphs (A) through (F); or
``(ii) the Chinese Communist Party;
``(2) a `dislocation in the gasoline market' shall be
deemed to occur only when--
``(A) the price differential between crude oil and
finished gasoline, as reflected in an industry daily
publication, increases by more than 50 percent over its
10-year rolling average, and continues for 7
consecutive days; and
``(B) the price differential continues to increase
during the most recent week for which price information
is available; and
``(3) a `dislocation in the diesel fuel market' shall be
deemed to occur only when--
``(A) the price differential between crude oil and
diesel fuel, as reflected in an industry daily
publication, increases by more than 50 percent over its
10-year rolling average, and continues for 7
consecutive days; and
``(B) the price differential continues to increase
during the most recent week for which price information
is available.
``(d) Continuing Evaluation.--The Secretary shall conduct a
continuing evaluation of the price data supplied by the Energy
Information Administration and data on gasoline and diesel fuel prices
from published sources.
``(e) Release of Petroleum Products.--After consultation with the
gasoline, diesel fuel, and crude oil refining industries, the Secretary
shall determine procedures governing the release of gasoline and diesel
fuel from a Reserve. The procedures shall provide that--
``(1) the Secretary may--
``(A) sell gasoline or diesel fuel from a Reserve
through a competitive process; or
``(B) enter into exchange agreements for gasoline
or diesel fuel that results in the Secretary receiving
a greater volume of gasoline or diesel fuel as
repayment than the volume provided to the acquirer;
``(2) in all such sales or exchanges, the Secretary shall
receive revenue or its equivalent in gasoline or diesel fuel
that provides the Department with fair market value;
``(3) the Secretary shall only sell or dispose of the
gasoline or diesel fuel in the Reserve to entities customarily
engaged in the sale and distribution of gasoline or diesel
fuel; and
``(4) the Secretary shall prohibit the sale or export of
gasoline or diesel fuel released under this section to a
covered entity, except that the Secretary may issue a waiver of
such prohibition if the Secretary certifies that any export or
sale authorized pursuant to the waiver is in the national
security interests of the United States.
``(f) Plan.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall transmit to the
President and, if the President approves, to the Congress a plan
describing--
``(1) the acquisition of storage and related facilities or
storage services for the network, including the potential use
of storage facilities not currently in use;
``(2) the acquisition of gasoline and diesel fuel for
storage in the network;
``(3) the anticipated methods of disposition of gasoline
and diesel fuel from the network;
``(4) the estimated costs of establishment, maintenance,
and operation of the network;
``(5) efforts the Department will take to minimize any
potential need for future drawdowns and ensure that
distributors and importers are not discouraged from maintaining
and increasing supplies to the United States; and
``(6) actions to ensure quality of the gasoline and diesel
fuel in the network.
``SEC. 195. PROCEEDS FROM SALES.
``The Secretary of the Treasury shall deposit in the SPR Petroleum
Account established in the Treasury under section 167 any receipts from
the sale, exchange, or other disposition of gasoline or diesel fuel
from the network.
``SEC. 196. RESTRICTIONS.
``(a) Source.--No gasoline or diesel fuel produced at a refinery
located outside of the United States may be stored in a Reserve.
``(b) Timing.--The Secretary may not purchase gasoline or diesel
fuel under this part until 2026.''.
(b) Conforming Amendments.--
(1) Authorization of appropriations.--Section 166 of the
Energy Policy and Conservation Act (42 U.S.C. 6246) is amended
by striking ``and part D'' and inserting ``, part D, and part
E''.
(2) Clerical amendment.--The table of contents for the
Energy Policy and Conservation Act is amended in the matter
relating to title I by striking the items relating to the
second part D (relating to Expiration) and the second section
181 and inserting the following:
``Part E--Strategic Refined Petroleum Product Reserves
``Sec. 191. Definitions.
``Sec. 192. Establishment.
``Sec. 193. Authority.
``Sec. 194. Conditions for release.
``Sec. 195. Proceeds from sales.
``Sec. 196. Restrictions.''.
SEC. 103. NORTHEAST HOME HEATING OIL RESERVE.
(a) Strengthening the Northeast Home Heating Oil Reserve.--Section
181(a) of the Energy Policy and Conservation Act (42 U.S.C. 6250) is
amended by striking ``2 million'' and inserting ``4 million''.
(b) Conditions for Release.--Section 183 of the Energy Policy and
Conservation Act (42 U.S.C. 6250b) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking
``Definition'' and inserting ``Definitions'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively (and adjusting
the margins accordingly);
(C) by striking ``For purposes of this section a
`dislocation in the heating oil market''' and inserting
the following: ``For purposes of this section--
``(1) the term `covered entity' means--
``(A) the People's Republic of China;
``(B) the Democratic People's Republic of Korea;
``(C) the Russian Federation;
``(D) the Islamic Republic of Iran;
``(E) any other country the government of which is
subject to sanctions imposed by the United States; and
``(F) any entity owned, controlled, or influenced
by--
``(i) a country referred to in any of
subparagraphs (A) through (F); or
``(ii) the Chinese Communist Party; and
``(2) a `dislocation in the heating oil market'''; and
(2) in subsection (d)--
(A) in paragraph (2), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) the Secretary shall prohibit the sale or export of
petroleum distillate released under this section to a covered
entity, except that the Secretary may issue a waiver of such
prohibition if the Secretary certifies that any export or sale
authorized pursuant to the waiver is in the national security
interests of the United States.''.
(c) Proceeds From Sales.--
(1) In general.--Section 184 of the Energy Policy and
Conservation Act (42 U.S.C. 6250c) is amended to read as
follows:
``SEC. 184. PROCEEDS FROM SALES.
``The Secretary of the Treasury shall deposit in the SPR Petroleum
Account established in the Treasury under section 167 any receipts from
the sale, exchange, or other disposition of petroleum distillate from
the Reserve.''.
(2) Clerical amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by striking the
item relating section 184 and inserting the following:
``184. Proceeds from sales.''.
(d) Elimination of Limitation.--Title III of the Energy and Water
Development and Related Agencies Appropriations Act, 2012 (division B
of the Consolidated Appropriations Act, 2012 (Public Law 112-74; 125
Stat. 869)), is amended, under the Northeast Home Heating Oil Reserve
account, by striking ``: Provided further, That notwithstanding section
181 of the Energy Policy and Conservation Act (42 U.S.C. 6250), for
fiscal year 2012 and hereafter, the Reserve shall contain no more than
1 million barrels of petroleum distillate''.
SEC. 104. SPR PETROLEUM ACCOUNT.
(a) In General.--Section 167 of the Energy Policy and Conservation
Act (42 U.S.C. 6247) is amended--
(1) in subsection (b)--
(A) by striking ``the acquisition, transportation,
and injection of petroleum products into the Strategic
Petroleum Reserve, for test sales of petroleum products
from the Reserve, and for the drawdown, sale, and
delivery of petroleum products from the Reserve'' and
inserting ``covered activities''; and
(B) in paragraph (3), by striking ``the receipts to
the United States from the sale of petroleum products
in any drawdown and distribution of the Strategic
Petroleum Reserve under section 161, including a
drawdown and distribution carried out under subsection
(g) of such section, or from the sale of petroleum
products under section 160(f)'' and inserting ``covered
receipts'';
(2) in subsection (d), by striking ``the sale of petroleum
products in any drawdown and distribution of the Strategic
Petroleum Reserve under section 161, including a drawdown and
distribution carried out under subsection (g) of such section,
and from the sale of petroleum products under section 160(f)''
and inserting ``covered sales''; and
(3) by adding at the end the following:
``(e) Definitions.--In this section:
``(1) Covered activity.--The term `covered activity'
means--
``(A) the acquisition, transportation, and
injection of petroleum products into the Strategic
Petroleum Reserve;
``(B) the sale of petroleum products in any
drawdown and distribution of the Strategic Petroleum
Reserve under section 161, including a drawdown and
distribution carried out under subsection (g) of such
section;
``(C) the sale of petroleum products under section
160(f);
``(D) an activity under part D; and
``(E) an activity under part E.
``(2) Covered sale.--The term `covered sale' means--
``(A) the sale of petroleum products in any
drawdown and distribution of the Strategic Petroleum
Reserve under section 161, including a drawdown and
distribution carried out under subsection (g) of such
section;
``(B) the sale of petroleum products under section
160(f);
``(C) the sale, exchange, or other disposition of
petroleum distillate from the Northeast Home Heating
Oil Reserve; and
``(D) the sale, exchange, or other disposition of
gasoline or diesel fuel from a Strategic Refined
Petroleum Product Reserve.
``(3) Covered receipts.--The term `covered receipts'
means--
``(A) receipts to the United States from the sale
of petroleum products in any drawdown and distribution
of the Strategic Petroleum Reserve under section 161
(including a drawdown and distribution carried out
under subsection (g) of such section), less amounts
equal to any amounts appropriated by subsection (k)(2)
of such section;
``(B) receipts to the United States from the sale
of petroleum products under section 160(f);
``(C) receipts to the United States from the sale,
exchange, or other disposition of petroleum distillate
from the Northeast Home Heating Oil Reserve; and
``(D) receipts to the United States from the sale,
exchange, or other disposition of gasoline or diesel
fuel from a Strategic Refined Petroleum Product
Reserve.''.
(b) Transfer of Funds.--The assets and liabilities of the Northeast
Home Heating Oil Reserve Account established in the Treasury under
section 184 of the Energy Policy and Conservation Act (42 U.S.C.
6250c), as in effect on the day before the date of enactment of this
Act, are hereby transferred to the SPR Petroleum Account established in
the Treasury under section 167 of the Energy Policy and Conservation
Act (42 U.S.C. 6247), and such Northeast Home Heating Oil Reserve
Account is hereby abolished.
SEC. 105. PROHIBITION ON CERTAIN EXPORTS.
(a) In General.--The Energy Policy and Conservation Act is amended
by inserting after section 163 (42 U.S.C. 6243) the following:
``SEC. 164. PROHIBITION ON CERTAIN EXPORTS.
``(a) In General.--The Secretary shall prohibit the export or sale
of petroleum products drawn down from the Strategic Petroleum Reserve,
under any provision of law, to--
``(1) the People's Republic of China;
``(2) the Democratic People's Republic of Korea;
``(3) the Russian Federation;
``(4) the Islamic Republic of Iran;
``(5) any other country the government of which is subject
to sanctions imposed by the United States; and
``(6) any entity owned, controlled, or influenced by--
``(A) a country referred to in any of paragraphs
(1) through (5); or
``(B) the Chinese Communist Party.
``(b) Waiver.--The Secretary may issue a waiver of the prohibition
described in subsection (a) if the Secretary certifies that any export
or sale authorized pursuant to the waiver is in the national security
interests of the United States.
``(c) Rule.--Not later than 60 days after the date of enactment of
the Buy Low and Sell High Act, the Secretary shall issue a rule to
carry out this section.''.
(b) Conforming Amendments.--
(1) Drawdown and sale of petroleum products.--Section
161(a) of the Energy Policy and Conservation Act (42 U.S.C.
6241(a)) is amended by inserting ``and section 164'' before the
period at the end.
(2) Clerical amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by inserting
after the item relating to section 163 the following:
``Sec. 164. Prohibition on certain exports.''.
SEC. 106. STRATEGIC PETROLEUM RESERVE REFORMS.
(a) Use of Underutilized Strategic Petroleum Reserve Facilities.--
Section 168 of the Energy Policy and Conservation Act (42 U.S.C. 6247a)
is amended to read as follows:
``SEC. 168. USE OF UNDERUTILIZED FACILITIES.
``(a) Authority.--Notwithstanding any other provision of this
title, the Secretary may establish and carry out a program to lease
underutilized Strategic Petroleum Reserve storage facilities and
related facilities to the private sector, or a foreign government or
its representative. Petroleum products stored under this section are
not part of the Strategic Petroleum Reserve.
``(b) Protection of Facilities.--Any lease entered into under the
program established under subsection (a) shall contain provisions
providing for fees to fully compensate the United States for all
related costs of storage and removals of petroleum products (including
the proportionate cost of replacement facilities necessitated as a
result of any withdrawals) incurred by the United States as a result of
such lease.
``(c) Access by the United States.--The Secretary shall ensure that
leasing of facilities under the program established under subsection
(a) does not impair the ability of the United States to withdraw,
distribute, or sell petroleum products from the Strategic Petroleum
Reserve in response to an energy emergency or to the obligations of the
United States under the Agreement on an International Energy Program.
``(d) National Security.--The Secretary shall ensure that leasing
of facilities under the program established under subsection (a) to a
foreign government or its representative will not impair national
security.
``(e) Deposits of Amounts Received.--
``(1) In general.--Except as provided in paragraph (2),
amounts received through the leasing of facilities under the
program established under subsection (a) shall be deposited in
the SPR Petroleum Account established in the Treasury under
section 167 during the fiscal year in which such amounts are
received.
``(2) Costs.--The Secretary may use for costs described in
subsection (b) (other than costs described in subsection (f)),
without further appropriation, amounts received through the
leasing of facilities under the program established under
subsection (a).
``(f) Preparation of Facilities.--The Secretary shall only use
amounts available in the Energy Security and Infrastructure
Modernization Fund established by section 404 of the Bipartisan Budget
Act of 2015 for costs described in subsection (b) of this section that
relate to addition of facilities or changes to facilities or facility
operations necessary to lease such facilities, including costs related
to acquisition of land, acquisition of ancillary facilities and
equipment, and site development, and other necessary costs related to
capital improvement.''.
(b) Pilot Program To Lease Strategic Petroleum Reserves.--
(1) 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. PILOT PROGRAM TO LEASE STORAGE AND RELATED FACILITIES.
``(a) Establishment.--In carrying out section 168 and not later
than 180 days after the date of enactment of this section, the
Secretary shall establish and carry out a pilot program to make
available for lease--
``(1) capacity for storage of up to 200,000,000 barrels of
petroleum products at Strategic Petroleum Reserve storage
facilities; and
``(2) related facilities.
``(b) Contents.--In carrying out the pilot program established
under subsection (a), the Secretary shall--
``(1) identify appropriate Strategic Petroleum Reserve
storage facilities and related facilities to lease, in order to
make maximum use of such facilities;
``(2) identify and implement any changes to facilities or
facility operations necessary to so lease such facilities,
including any such changes necessary to ensure the long-term
structural viability and use of the facilities for purposes of
this part and part C;
``(3) make such facilities available for lease; and
``(4) identify environmental effects, including benefits,
of leasing storage facilities and related facilities.
``(c) Report.--Not later than 1 year after the date of enactment of
this section, the Secretary shall submit to Congress a report on the
status of the pilot program established under subsection (a).''.
(2) Conforming amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by adding after
the item relating to section 169 the following:
``Sec. 170. Pilot program to lease storage and related facilities.''.
SEC. 107. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.
(a) Bipartisan Budget Act of 2015.--Section 403 of the Bipartisan
Budget Act of 2015 (Public Law 114-74; 129 Stat. 589) is amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``during'' and
inserting ``by the end of'';
(B) in paragraph (7), by striking ``during'' and
inserting ``by the end of''; and
(C) in paragraph (8), by striking ``during'' and
inserting ``by the end of''; and
(2) by adding at the end the following:
``(d) Deferrals.--Any sale required by paragraph (6), (7), or (8)
of subsection (a) may be deferred, in whole or in part, to not later
than the end of fiscal year 2032, as determined appropriate by the
Secretary.
``(e) Timing.--In determining the timing of each draw down and sale
from the Strategic Petroleum Reserve under this section, to the maximum
extent practicable, the Secretary shall maximize the financial return
to the United States taxpayers.''.
(b) Fixing America's Surface Transportation Act.--Section 32204 of
the FAST Act (Public Law 114-94; 129 Stat. 1740) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``during'' and inserting ``by the end of'';
(ii) in subparagraph (C), by striking
``during'' and inserting ``by the end of''; and
(iii) in subparagraph (D), by striking
``during'' and inserting ``by the end of'';
(B) in paragraph (2), by striking ``paragraph (1)''
and inserting ``this section''; and
(C) by adding at the end the following:
``(3) Deferrals.--Any sale required by subparagraph (B),
(C), or (D) of paragraph (1) may be deferred, in whole or in
part, to not later than the end of fiscal year 2032, as
determined appropriate by the Secretary.
``(4) Timing.--In determining the timing of each draw down
and sale from the Strategic Petroleum Reserve under this
section, to the maximum extent practicable, the Secretary shall
maximize the financial return to the United States
taxpayers.''; and
(2) in subsection (c), by striking ``(c) Increase;
Limitation'' and all that follows through ``The Secretary of
Energy shall not'' and inserting the following:
``(c) Limitation.--The Secretary of Energy shall not''.
(c) Reconciliation on the Budget for Fiscal Year 2018.--Section
20003(a) of Public Law 115-97 (131 Stat. 2237) is amended--
(1) in paragraph (1), by striking ``during the period of
fiscal years 2026 through 2027'' and inserting ``by the end of
fiscal year 2027''; and
(2) by adding at the end the following:
``(3) Timing.--In determining the timing of each draw down
and sale from the Strategic Petroleum Reserve under this
section, to the maximum extent practicable, the Secretary shall
maximize the financial return to the United States
taxpayers.''.
(d) Bipartisan Budget Act of 2018.--Section 30204(a) of the
Bipartisan Budget Act of 2018 (Public Law 115-123; 132 Stat. 126) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``during'' and
inserting ``by the end of''; and
(B) in subparagraph (C), by striking ``during'' and
inserting ``by the end of'';
(2) in paragraph (2), by striking ``paragraph (1)'' and
inserting ``this section''; and
(3) by adding at the end the following:
``(3) Deferrals.--Any sale required by subparagraph (B) or
(C) of paragraph (1) may be deferred, in whole or in part, to
not later than the end of fiscal year 2032, as determined
appropriate by the Secretary.
``(4) Timing.--In determining the timing of each draw down
and sale from the Strategic Petroleum Reserve under this
section, to the maximum extent practicable, the Secretary shall
maximize the financial return to the United States
taxpayers.''.
(e) America's Water Infrastructure Act of 2018.--Section 3009(a) of
America's Water Infrastructure Act of 2018 (Public Law 115-270; 132
Stat. 3870) is amended--
(1) in paragraph (1), by striking ``during'' and inserting
``by the end of''; and
(2) by adding at the end the following:
``(3) Timing.--In determining the timing of each draw down
and sale from the Strategic Petroleum Reserve under this
section, to the maximum extent practicable, the Secretary shall
maximize the financial return to the United States
taxpayers.''.
(f) Infrastructure Investment and Jobs Act.--Section 90002(a) of
the Infrastructure Investment and Jobs Act (Public Law 117-58; 135
Stat. 1342) is amended--
(1) in paragraph (1), by striking ``during the period of
fiscal years 2028 through 2031'' and inserting ``by the end of
fiscal year 2032''; and
(2) by amending paragraph (2) to read as follows:
``(2) Timing.--In determining the timing of each draw down
and sale from the Strategic Petroleum Reserve under this
section, to the maximum extent practicable, the Secretary shall
maximize the financial return to the United States
taxpayers.''.
SEC. 108. DOE STUDY AND PLAN FOR DELIVERY OF FUEL DURING PIPELINE
DISRUPTIONS.
Not later than 24 months after the date of enactment of this Act,
the Secretary of Energy shall--
(1) conduct a study on how the Department of Energy could
deliver products sold from the Strategic Petroleum Reserve, a
Strategic Refined Petroleum Product Reserve, or the Northeast
Home Heating Oil Reserve in the event of an attack or
disruption that renders pipelines to deliver such products
unusable; and
(2) submit to Congress a plan, based on the results of such
study, to carry out such delivery.
TITLE II--FUEL DEMAND
SEC. 201. STATE ENERGY TRANSPORTATION PLANS.
(a) State Energy Transportation Plans.--
(1) In general.--Part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.) is amended by
adding at the end the following:
``SEC. 367. STATE ENERGY TRANSPORTATION PLANS.
``(a) In General.--The Secretary may provide financial assistance
to a State to develop a State energy transportation plan, for inclusion
in a State energy conservation plan under section 362(d), to promote
the electrification of the transportation system, reduced consumption
of fossil fuels, and improved air quality.
``(b) Development.--A State developing a State energy
transportation plan under this section shall carry out this activity
through the State energy office that is responsible for developing the
State energy conservation plan under section 362.
``(c) Contents.--A State developing a State energy transportation
plan under this section shall include in such plan a plan to--
``(1) deploy a network of electric vehicle supply equipment
to ensure access to electricity for electric vehicles,
including commercial vehicles, to an extent that such electric
vehicles can travel throughout the State without running out of
a charge;
``(2) promote modernization of the electric grid, including
through the use of renewable energy sources to power the
electric grid, to accommodate demand for power to operate
electric vehicle supply equipment and to utilize energy storage
capacity provided by electric vehicles, including commercial
vehicles; and
``(3) implement other measures to reduce the consumption of
petroleum-based fuels.
``(d) Coordination.--In developing a State energy transportation
plan under this section, a State shall coordinate, as appropriate,
with--
``(1) State regulatory authorities (as defined in section 3
of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2602));
``(2) electric utilities;
``(3) regional transmission organizations or independent
system operators;
``(4) private entities that provide electric vehicle
charging services;
``(5) State transportation agencies, metropolitan planning
organizations, and local governments;
``(6) electric vehicle manufacturers;
``(7) public and private entities that manage vehicle
fleets; and
``(8) public and private entities that manage ports,
airports, or other transportation hubs.
``(e) Technical Assistance.--Upon request of the Governor of a
State, the Secretary shall provide information and technical assistance
in the development, implementation, or revision of a State energy
transportation plan.
``(f) Electric Vehicle Supply Equipment Defined.--For purposes of
this section, the term `electric vehicle supply equipment' means
conductors, including ungrounded, grounded, and equipment grounding
conductors, electric vehicle connectors, attachment plugs, and all
other fittings, devices, power outlets, or apparatuses installed
specifically for the purpose of delivering energy to an electric
vehicle.''.
(2) Conforming amendment.--The table of sections for part D
of title III of the Energy Policy and Conservation Act is
amended by adding at the end the following:
``Sec. 367. State energy transportation plans.''.
(b) State Energy Conservation Plans.--Section 362(d) of the Energy
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended--
(1) in paragraph (17), by striking ``; and'' and inserting
a semicolon;
(2) by redesignating paragraph (18) as paragraph (19); and
(3) by inserting after paragraph (17) the following:
``(18) a State energy transportation plan developed in
accordance with section 367; and''.
(c) Authorization of Appropriations.--Section 365(f) of the Energy
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by adding at
the end the following:
``(3) State energy transportation plans.--In addition to
the amounts authorized under paragraph (1), for the purpose of
carrying out section 367, there are authorized to be
appropriated such sums as may be necessary.''.
SEC. 202. TRANSPORTATION ELECTRIFICATION.
Section 131 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17011) is amended--
(1) in subsection (a)(6)--
(A) in subparagraph (A), by inserting ``, including
ground support equipment at ports'' before the
semicolon;
(B) in subparagraph (E), by inserting ``and
vehicles'' before the semicolon;
(C) in subparagraph (H), by striking ``and'' at the
end;
(D) in subparagraph (I)--
(i) by striking ``battery chargers,''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(E) by adding at the end the following:
``(J) installation of electric vehicle supply
equipment for recharging plug-in electric drive
vehicles, including such equipment that is accessible
in rural and urban areas and in underserved or
disadvantaged communities and such equipment for
medium- and heavy-duty vehicles, including at depots
and in-route locations;
``(K) multi-use charging hubs used for multiple
forms of transportation;
``(L) medium- and heavy-duty vehicle smart charging
management and refueling;
``(M) battery recycling and secondary use,
including for medium- and heavy-duty vehicles; and
``(N) sharing of best practices, and technical
assistance provided by the Department to public
utilities commissions and utilities, for medium- and
heavy-duty vehicle electrification.'';
(2) in subsection (b)--
(A) in paragraph (3)(A)(ii), by inserting ``,
components for such vehicles, and charging equipment
for such vehicles'' after ``vehicles''; and
(B) in paragraph (6), by striking ``$90,000,000 for
each of fiscal years 2008 through 2012'' and inserting
``such sums as may be necessary'';
(3) in subsection (c)--
(A) in the header, by striking ``Near-Term'' and
inserting ``Large-Scale''; and
(B) in paragraph (4), by striking ``$95,000,000 for
each of fiscal years 2008 through 2013'' and inserting
``such sums as may be necessary''; and
(4) by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following:
``(d) Priority.--In providing grants under subsections (b) and (c),
the Secretary shall give priority consideration to applications that
contain a written assurance that all laborers and mechanics employed by
contractors or subcontractors during construction, alteration, or
repair that is financed, in whole or in part, by a grant provided under
this section shall be paid wages at rates not less than those
prevailing on similar construction in the locality, as determined by
the Secretary of Labor in accordance with sections 3141 through 3144,
3146, and 3147 of title 40, United States Code (and the Secretary of
Labor shall, with respect to the labor standards described in this
clause, have the authority and functions set forth in Reorganization
Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40,
United States Code).''.
SEC. 203. FEDERAL FLEETS.
(a) Minimum Federal Fleet Requirement.--Section 303 of the Energy
Policy Act of 1992 (42 U.S.C. 13212) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) The Secretary, in consultation with the Administrator of
General Services, shall ensure that in acquiring medium- and heavy-duty
vehicles for a Federal fleet, a Federal entity shall acquire zero-
emission vehicles to the maximum extent feasible.'';
(2) by striking subsection (b) and inserting the following:
``(b) Percentage Requirements.--
``(1) In general.--
``(A) Light-duty vehicles.--Beginning in fiscal
year 2026, 100 percent of the total number of light-
duty vehicles acquired by a Federal entity for a
Federal fleet shall be alternative fueled vehicles, of
which--
``(i) at least 50 percent shall be zero-
emission vehicles or plug-in hybrids in fiscal
years 2026 through 2034;
``(ii) at least 75 percent shall be zero-
emission vehicles or plug-in hybrids in fiscal
years 2035 through 2049; and
``(iii) 100 percent shall be zero-emission
vehicles in fiscal year 2050 and thereafter.
``(B) Medium- and heavy-duty vehicles.--The
following percentages of the total number of medium-
and heavy-duty vehicles acquired by a Federal entity
for a Federal fleet shall be alternative fueled
vehicles:
``(i) At least 20 percent in fiscal years
2026 through 2029.
``(ii) At least 30 percent in fiscal years
2030 through 2039.
``(iii) At least 40 percent in fiscal years
2040 through 2049.
``(iv) At least 50 percent in fiscal year
2050 and thereafter.
``(2) Exception.--The Secretary, in consultation with the
Administrator of General Services where appropriate, may permit
a Federal entity to acquire for a Federal fleet a smaller
percentage than is required in paragraph (1) for a fiscal year,
so long as the aggregate percentage acquired for each class of
vehicle for all Federal fleets in the fiscal year is at least
equal to the required percentage.
``(3) Definitions.--In this subsection:
``(A) Federal fleet.--The term `Federal fleet'
means a fleet of vehicles that are centrally fueled or
capable of being centrally fueled and are owned,
operated, leased, or otherwise controlled by or
assigned to any Federal executive department, military
department, Government corporation, independent
establishment, or executive agency, the United States
Postal Service, the Congress, the courts of the United
States, or the Executive Office of the President. Such
term does not include--
``(i) motor vehicles held for lease or
rental to the general public;
``(ii) motor vehicles used for motor
vehicle manufacturer product evaluations or
tests;
``(iii) law enforcement vehicles;
``(iv) emergency vehicles; or
``(v) motor vehicles acquired and used for
military purposes that the Secretary of Defense
has certified to the Secretary must be exempt
for national security reasons.
``(B) Fleet.--The term `fleet' means--
``(i) 20 or more light-duty vehicles,
located in a metropolitan statistical area or
consolidated metropolitan statistical area, as
established by the Bureau of the Census, with a
1980 population of more than 250,000; or
``(ii) 10 or more medium- or heavy-duty
vehicles, located at a Federal facility or
located in a metropolitan statistical area or
consolidated metropolitan statistical area, as
established by the Bureau of the Census, with a
1980 population of more than 250,000.''; and
(3) in subsection (f)(2)(B)--
(A) by striking ``, either''; and
(B) in clause (i), by striking ``or'' and inserting
``and''.
(b) Federal Fleet Conservation Requirements.--Section 400FF(a) of
the Energy Policy and Conservation Act (42 U.S.C. 6374e) is amended--
(1) in paragraph (1)--
(A) by striking ``18 months after the date of
enactment of this section'' and inserting ``12 months
after the date of enactment of the Buy Low and Sell
High Act'';
(B) by striking ``2010'' and inserting ``2023'';
and
(C) by striking ``and increase alternative fuel
consumption'' and inserting ``, increase alternative
fuel consumption, and reduce vehicle greenhouse gas
emissions''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Goals.--The goals of the requirements under paragraph
(1) are that each Federal agency shall--
``(A) reduce fleet-wide per-mile greenhouse gas
emissions from agency fleet vehicles, relative to a
baseline of emissions in 2015, by--
``(i) not less than 30 percent by the end
of fiscal year 2026;
``(ii) not less than 50 percent by the end
of fiscal year 2030; and
``(iii) 100 percent by the end of fiscal
year 2050; and
``(B) increase the annual percentage of alternative
fuel consumption by agency fleet vehicles as a
proportion of total annual fuel consumption by Federal
fleet vehicles, to achieve--
``(i) 25 percent of total annual fuel
consumption that is alternative fuel by the end
of fiscal year 2026;
``(ii) 50 percent of total annual fuel
consumption that is alternative fuel by the end
of fiscal year 2035; and
``(iii) at least 85 percent of total annual
fuel consumption that is alternative fuel by
the end of fiscal year 2050.''.
TITLE III--FUEL SUPPLY
SEC. 301. ASSISTANCE FOR WESTERN HEMISPHERE REFINERIES.
(a) Establishment.--The Secretary of Energy shall establish and
carry out a program to increase the amount of crude oil refined in oil
refineries located in covered countries by--
(1) developing, producing, or procuring resources,
materials, or equipment that can be used at such oil refineries
to increase the amount of crude oil refined at such oil
refineries;
(2) providing to covered entities, under such terms and
conditions as the Secretary of Energy determines appropriate,
resources, materials, or equipment that can be used at such oil
refineries to increase the amount of crude oil refined at such
oil refineries;
(3) issuing grants, loans, or loan guarantees to covered
entities, under such terms and conditions as the Secretary of
Energy determines appropriate, to carry out projects in covered
countries that can increase the amount of crude oil refined in
such oil refineries; and
(4) providing technical assistance to covered entities, as
the Secretary of Energy determines necessary to increase the
amount of crude oil refined in such oil refineries.
(b) Partnerships.--The Secretary of Energy may partner with other
Federal agencies to carry out the program established under subsection
(a).
(c) Authority To Enter Into Agreements.--In carrying out the
program established under subsection (a), the Secretary of Energy may
enter into one or more agreements directly with third parties under
such terms and conditions as the Secretary of Energy determines
appropriate.
(d) Definitions.--In this section:
(1) Covered country.--The term ``covered country'' means a
foreign country located in the Western Hemisphere, other than
Venezuela, with respect to which the Secretary of State, in
consultation with the Secretary of Defense and the Secretary of
Energy, determines that increased crude oil refining in that
country would promote the national security and economic
interests of the United States.
(2) Covered entity.--The term ``covered entity'' means a
covered country or a third party that owns or operates an oil
refinery located in a covered country.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Energy to carry out this section
$90,000,000 for fiscal year 2022, to remain available until September
30, 2024.
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