[Congressional Record Volume 169, Number 16 (Wednesday, January 25, 2023)]
[House]
[Page H334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

H.R. 21

                        Offered by: Mr. Pallone

       Amendment No. 103: At the end, insert the following:

     SEC. 3. 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.''.