Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

109th Congress                                            Rept. 109-244
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
              GASOLINE FOR AMERICA'S SECURITY ACT OF 2005

                                _______
                                

                October 6, 2005.--Ordered to be printed

                                _______
                                

    Mr. Barton of Texas, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

                        [To accompany H.R. 3893]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3893) 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, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.



                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................    19
Background and Need for Legislation..............................    20
Hearings.........................................................    22
Committee Consideration..........................................    22
Committee Votes..................................................    22
Committee Oversight Findings.....................................    35
Statement of General Performance Goals and Objectives............    35
New Budget Authority, Entitlement Authority, and Tax Expenditures    35
Committee Cost Estimate..........................................    35
Congressional Budget Office Estimate.............................    35
Federal Mandates Statement.......................................    42
Advisory Committee Statement.....................................    42
Constitutional Authority Statement...............................    42
Applicability to Legislative Branch..............................    42
Section-by-Section Analysis of the Legislation...................    42
Changes in Existing Law Made by the Bill, as Reported............    54
Dissenting and Additional Views..................................66, 67
Exchange of Committee Correspondence.............................    72

                               Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          Purpose and Summary

    H.R. 3893, the Gasoline for America's Security Act of 2005, 
or the GAS Act, seeks to increase the domestic production of 
transportation fuels, create sufficient capacity to deliver 
such fuels to consumers, make available more fuels throughout 
more regions of the country, and provide incentives to conserve 
fuel use in order to increase supply and decrease demand. The 
bill encourages new refinery capacity to increase gasoline 
supply by giving the Department of Energy (DOE) a new 
coordinating role, requiring DOE to establish a schedule for 
all Federal authorizations, providing new judicial review 
procedures, and providing regulatory risk insurance. The bill 
further requires the President to designate sites on Federal 
lands, including at least three closed military installations 
that are appropriate for the purposes of siting a refinery. 
Also, the President is authorized to enter into contract to 
have a military use refinery permitted, constructed and 
operated to make petroleum products for military consumption.
    The GAS Act also seeks to address increasing gasoline 
prices by limiting the number of ``boutique fuels'' that have 
limited fuel supply to certain regions of the country. The Act 
requires the Administrator of the Environmental Protection 
Agency (EPA) to identify a total of six gasoline and diesel 
fuels for a Federal Fuels List, down from the approximately 17 
today that are available in limited markets and contribute to a 
decrease in the fungibility of supply for use and consumption 
throughout the United States whenever supply disruptions or 
shortages of fuel occur.
    H.R. 3893 seeks to promote pipeline expansions by giving 
the Federal Energy Regulatory Commission (FERC) a new 
coordinating role, requiring FERC establish a schedule for all 
Federal authorizations and providing new judicial review 
procedures. Expeditious construction of the Alaska Natural Gas 
Pipeline is encouraged by sunsetting loan guarantees on the 
Alaska Natural Gas Pipeline within two years of enactment of 
the GAS Act of 2005, if the State of Alaska has not entered 
into an agreement regarding construction of the pipeline. Outer 
Continental Shelf ``gathering'' companies are required to 
provide key information to the Federal Energy Regulatory 
Commission to help prevent monopolistic practices that can 
increase costs for consumers.
    H.R. 3893 promotes conservation by establishing a DOE grant 
program that encourages the use of carpooling and vanpooling to 
reduce the consumption of gasoline. The Act also requires the 
Administrator of EPA to assess carpool and vanpool projects 
funded under the Congestion Mitigation and Air Quality Program 
to ensure the effective implementation of those projects under 
the program. Conservation is further promoted by establishing a 
public-private group through the DOE to create a multimedia 
public education campaign to inform drivers how to conserve 
fuel.
    The GAS Act protects consumers by banning price gouging in 
gasoline or diesel fuel sales and requiring the Federal Trade 
Commission (FTC) to promulgate a standard for price gouging 
within one year without affecting state anti-gouging measures. 
Further protections are afforded by requiring the FTC to report 
on the price of refined petroleum products on the New York 
Mercantile Exchange.
    H.R. 3893 promotes emergency planning by permitting the 
Secretary of the DOE to sell petroleum products from the 
Strategic Petroleum Reserve (SPR) to finance construction of 
the additional capacity needed to fill the SPR to 1 billion 
barrels. Furthermore, the GAS Act also requires the Secretary 
to review plans to protect energy supplies in the event of a 
national emergency.

                  Background and Need for Legislation

    Prior to Hurricanes Katrina and Rita, a number of forces 
were affecting oil markets resulting in higher prices. 
Increased demand both at home and abroad, production 
disruptions among major exporters, and the Organization of the 
Petroleum Exporting Companies' (OPEC) ability to constrain 
supply, have all kept oil prices high. Until refining capacity 
and production capacity grow faster than demand, oil markets 
will likely remain tight and vulnerable to supply disruptions, 
whether caused by weather, foreign production disruptions, or 
some other cause.
    Approximately 47 percent of U.S. refining capacity and 28 
percent of oil production is concentrated in the Gulf of 
Mexico. Within a week of Hurricane Katrina's landfall, the 
national average retail price for motor vehicle gasoline rose 
by 46 cents to $3.069 per gallon. Prices of other refined fuels 
also rose quickly in response to the hurricane.
    No new refinery has been constructed in the United States 
since 1976. Total capacity at operating refineries is 17 
million barrels per day, while total United States demand 
averages nearly 21 million barrels perday. This growing gap is 
met by an increasing amount of imports of refined products from foreign 
sources. Refined petroleum product imports are expected to grow from 
7.9 percent to 10.7 percent of total refined product by 2025.
    On August 29, 2005, Hurricane Katrina made landfall and 
caused considerable damage to the Gulf Coast communities in its 
path. The Gulf Coast region is home to a number of petroleum 
and natural gas operations. These operations were disrupted as 
a result of the storm. These disruptions caused a spike in 
gasoline prices. According to the Energy Information 
Administration the average retail price of gasoline rose from 
$2.58 a gallon on August 29th and peaked at $3.04 on September 
5th. The spike in gasoline prices sparked intense debate about 
the cause of price increases in the retail gasoline market. The 
debate raised the possibility of price gouging.
    Twenty-eight states prohibit price gouging. Those laws vary 
significantly, but define price gouging on the basis of 
increases in price for a commodity during a time of emergency. 
The amount of consideration given to normal and expected market 
forces varies significantly from state to state. There is 
currently no Federal prohibition against price gouging. 
Committee hearings on the effects of Katrina revealed an 
interest in a federal prohibition of and enforcement for price 
gouging. Those hearings included testimony concerning the 
potential market distortions and shortages produced when 
artificial regulation supplants normal supply-and-demand as the 
primary means of pricing a commodity. In this legislation, the 
Committee provides for the first statutory Federal prohibition 
on gasoline price gouging, by treating it as an unfair trade 
practice under the FTC Act.
    The Committee also authorizes the FTC to investigate 
gasoline prices in areas affected by Katrina as well as other 
areas where consumer complaints alleging price gouging were 
filed with state and Federal agencies. The FTC will examine the 
prices before Katrina made landfall and compare those prices 
with the post-Katrina prices. The FTC will also examine and 
evaluate price increases in light of any disruptions that would 
have caused cost increases in connection with production, 
distribution, transportation or delivery of gasoline and diesel 
fuel. The Committee believes the findings of the FTC will 
provide valuable information for the basis of determining a 
proper definition of ``price gouging'' as it relates to 
gasoline and diesel fuel.

                                Hearings

    The Committee on Energy and Commerce has not held hearings 
on the legislation.

                        Committee Consideration

    On Wednesday, September 28, 2005, the Full Committee met in 
open markup session and ordered H.R. 3893 reported to the 
House, amended, by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. The 
following are the recorded votes taken on amendments offered to 
the measure, including the names of those Members voting for 
and against. A motion by Mr. Barton to order H.R. 3893 reported 
to the House, amended, was agreed to by a voice vote.


                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has not held oversight 
or legislative hearings on this legislation.

         Statement of General Performance Goals and Objectives

    H.R. 3893 attempts to provide some relief to the pressures 
acting upon U.S. oil markets by increasing refinery capacity, 
promoting geographic diversity in siting new refineries, 
improving delivery infrastructure, promoting conservation, 
vigorously investigating charges of price gouging, and 
expanding the capacity of the Strategic Petroleum Reserve 
(SPR).

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3893, the Gasoline for America's Security Act of 2005, would 
result in no new or increased budget authority, entitlement 
authority, or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:
                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 5, 2005.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representative, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3893, the Gasoline 
for America's Security Act of 2005.
     If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kathy Gramp.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 3893--Gasoline for America's Security Act of 2005

    Summary: H.R. 3893 would authorize new programs and 
spending related to the supply and use of petroleum and other 
energy products. It would provide subsidies to small refiners, 
make certain federal lands available for siting new refineries, 
and revise the terms and procedures for approving these and 
other energy projects. The bill also would modify various 
standards in the Clean Air Act, direct the Federal Trade 
Commission (FTC) to issue and enforce regulations regarding 
gasoline price gouging, and create two new funds to cover 
certain costs incurred by energy firms. Other provisions would 
authorize appropriations for the construction of a refinery for 
the Armed Services, for several energy studies and conservation 
initiatives, and for a Commission for the Deployment of the 
Hydrogen Economy. Finally, H.R. 3893 would authorize the 
Department of Energy (DOE) to increase the capacity of the 
Northeast Home Heating Oil Reserve and allow oil in the 
Strategic Petroleum Reserve (SPR) to be sold for new purposes.
    CBO estimates that enacting H.R. 3893 would increase direct 
spending by $1.5 billion over the next five years, and by $3 
billion over the 2006-2015 period. Enacting this bill could 
affect revenues, but CBO estimates that any effect would not be 
significant. In addition, CBO estimates that implementing the 
bill would cost about $500 million over the 2006-2010 period, 
assuming appropriation of the necessary amounts.
    H.R. 3893 contains numerous mandates, as defined in the 
Unfunded Mandates Reform Act (UMRA), that would affect both 
intergovernmental and private-sector entities. CBO estimates 
that the aggregate cost of those mandates would be below the 
annual thresholds established in UMRA ($62 million for 
intergovernmental mandates and $123 million for private-sector 
mandates in 2005, adjusted annually for inflation).
     Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3893 is shown in the following table. 
The costs of this legislation fall within budget functions 050 
(national defense), 270 (energy), 300 (natural resources and 
environment), 370 (commerce and housing assistance), and 950 
(undistributed offsetting receipts).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year in, millions of dollars--
                                                               -------------------------------------------------
                                                                  2006      2007      2008      2009      2010
----------------------------------------------------------------------------------------------------------------
                                         CHANGES IN DIRECT SPENDING \1\

Estimated Budget Authority....................................       300       300       300       300       300
Estimated Outlays.............................................       300       300       300       300       300

                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Specified Authorizations:
    Authorization Level.......................................         5         2         2         2         2
    Estimated Outlays.........................................         4         3         2         2         2
Refinery for Armed Services:
    Estimated Authorization Level.............................         5        15        15        60       300
    Estimated Outlays.........................................         3        11        15        42       204
Heating Oil Reserve:
    Estimated Authorization Level \2\.........................        10        73        68         8         8
    Estimated Outlays.........................................        10        73        68         8         8
Other:
    Estimated Authorization Level.............................        18        10         6         6         6
    Estimated Outlays.........................................        14        12         7         6         6
        Total Authorizations in H.R. 3893
            Estimated Authorization Level.....................        38       100        91        76       316
            Estimated Outlays.................................        31        99        92        58       220
----------------------------------------------------------------------------------------------------------------
\1\ CBO estimates that the direct spending costs would continue at a level of about $300 million a year through
  2015.
\2\ These estimates are based on oil price assumptions in CBO's March 2005 baseline. Using current prices could
  raise the provision's total cost by $75 million or more.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted in the fall of 2005 and that the amounts 
authorized will be appropriated as necessary.

Direct spending and revenues

    CBO estimates that enacting H.R. 3893 would reduce 
offsetting receipts (a credit against direct spending) by an 
estimated $3 billion over the 2006-2015 period as a result of 
provisions that would provide federal royalty oil to small 
refiners at below-market prices. Other provisions in the bill 
could affect direct spending and revenues, but CBO estimates 
that the net effect of those changes would not be significant.
    Discounted Sales of Royalty-In-Kind Oil to Small Refiners. 
Under current law, when collecting royalties from federal oil 
and gas leases, the Secretary of the Interior may accept 
payments in the form of product (known as royalty in-kind, or 
RIK) rather than cash. The Minerals Management Service (MMS) 
sells most of the oil taken in-kind from offshore leases on the 
open market, but a portion of that oil is sold through 
competitive auctions to certain small refiners. Through that 
program, eligible refiners can request to purchase up to 60 
percent of their supply of crude oil from MMS rather than on 
the open market. Net proceeds from sales of offshore oil under 
those programs are deposited in the Treasury as offsetting 
receipts (a credit against direct spending).
    Section 111 would require MMS to offer crude oil to 
eligible refiners at a discount of up to $4.50 per barrel. 
Because current law effectively prohibits MMS from accepting 
less than the market value of oil sold to small refiners, 
enacting this provision would reduce offsetting receipts from 
those sales. In addition, CBO expects that offering discounted 
oil would significantly increase the volume of oil that small 
refiners request to purchase from the agency, resulting in a 
further loss of receipts. Based on information from MMS, CBO 
estimates that increased demand under the proposed program 
would greatly exceed the supply of oil that the agency is 
currently taking in-kind. MMS currently receives about 180,000 
barrels of RIK oil per day. Assuming that the agency makes all 
of that oil available for sale at a discount, we estimate that 
this provision would reduce offsetting receipts by up to $300 
million a year starting in 2006.
    Under the bill, MMS could only offer discounted oil during 
times when the Secretary of Energy determines that domestic 
refining capacity is insufficient. The Secretary is not 
currently required to make such a determination, and for this 
estimate, CBO assumes that the Administration would not deem 
domestic capacity to be sufficient in the near future because 
refinery capacity is unlikely to change significantly in the 
next decade. Obtaining the necessary approvals, permits, and 
financing for a new refinery general1y takes several years, and 
construction usually takes an additional several years.
    Strategic Petroleum Reserve. DOE built the existing SPR 
with appropriated funds and filled it to a target level of 700 
million barrels with oil purchased directly on the open market 
and oil transferred from the Department of the Interior under 
the RIK program. Under current law, DOE is authorized to expand 
the capacity of the SPR to 1 billion barrels of oil.
    H.R. 3893 would allow the department to sell some of the 
oil in the existing SPR to raise money to finance an expansion 
of the SPR. Any spending for new capacity would be subject to 
appropriation. If DOE opted to draw down the nation's existing 
SPR reserve for this purpose, CBO expects that it would take 
steps to refill the reserve by transferring oil from the 
Department of the Interior's RIK program as DOE has done in 
recent years. Thus, any increase in offsetting receipts from 
the sale of SPR oil would be offset by a reduction in receipts 
from royalties collected by the Department of the Interior, 
resulting in no significant net change in federal receipts over 
time. Given the complexity of these transactions, it is unclear 
whether DOE would use these authorities in the next few years.
    Energy Assistance Accounts. H.R. 3893 would create two new 
sources of financial assistance for energy firms: a Standby 
Refinery Support Account to pay for certain private costs 
resulting from regulatory or litigation delays in the 
construction or renovation of refineries, and a Critical Energy 
Assurance Account to assist certain private energy companies 
during federally declared disasters or emergencies. Funding for 
the new accounts would be derived from any voluntary 
contributions from nonfederal entities and any funds provided 
in future appropriation acts. DOE would be allowed to spend 
private-sector contributions without further appropriation but 
no federal funds could be spent without appropriation. CBO 
anticipates that contributions from nonfederal sources and any 
related spending are likely to be negligible.
    Lease of Federal Lands for Refineries. H.R. 3893 would 
direct the President to designate and lease sites on federally 
owned lands for the construction of refineries, subject to 
certain terms and conditions. Factors to be considered for 
selecting federal property include proximity to crude oil 
supplies and related pipeline infrastructure, geographic 
diversity of refinery capability, and approval of the Governor 
of the state. CBO has no information about when or which sites 
might be leased; however, based on payment rates for the use of 
other federal land, CBO estimates that offsetting receipts from 
such leases probably would not be significant.

Revenues

    H.R. 3893 would expand the scope of the FTC's enforcement 
authorities by treating price gouging as a violation of rules 
regarding unfair or deceptive acts or practices. The FTC would 
be authorized to enforce new standards and impose civil 
penalties for any violations. Amounts collected as civil 
penalties are classified as governmental receipts (revenues). 
CBO estimates that enacting this provision would be unlikely to 
have a significant effect on revenues.

Spending subject to appropriation

    H.R. 3893 would authorize appropriations for various 
activities, ranging from the design and construction of a 
refinery to studies of ways to promote carpools and vanpools. 
CBO estimates that implementing those provisions would cost 
about $500 million over the 2006-2010 period, assuming 
appropriation of the necessary amounts.
    Specified Authorizations. This bill would expressly 
authorize the appropriation of $13 million for three programs 
administered by DOE. It would authorize the appropriation of 
$10 million for a DOE program to encourage minority students to 
study geologic subjects that would enable them to work in 
energy industries; $2.5 million for a campaign to encourage 
drivers to conserve gasoline; and $850,000 for a grant to an 
educational institution to develop a prototype of a coal-based 
fuel cell.
    Federal Refinery Project. H.R. 3893 would authorize the 
President to build a petroleum refinery plant on federal land 
to serve the fuel needs of the Armed Services, subject to 
certain terms and conditions. A project could be developed only 
if the President found that domestic refining capability was 
not sufficient and if construction funds were appropriated in 
advance.
    Petroleum refineries are expensive facilities, with capital 
costs ranging from about $2 billion to $4 billion, depending on 
their size, capabilities, and location. Industry studies 
suggest that obtaining the necessary approvals and financing 
typically takes several years and that construction usually 
takes more than five years. Given the lead times for planning 
such a facility, CBO expects that near-term costs would 
primarily be for planning and siting a facility, with 
construction-related expenditures beginning in 2010. Thus, 
assuming the President chooses to build a refinery and that the 
necessary amounts are appropriated, CBO estimates that 
implementing this project would cost about $275 million over 
the 2006-2010 period for planning and preconstruction 
activities and a total of at least $2 billion over the 10-year 
period.
    Northeast Home Heating Oil Reserve. H.R. 3893 would 
increase the authorized capacity of the Northeast Home Heating 
Oil Reserve from 2 million barrels to 5 million barrels. For 
this estimate, we assume that DOE would purchase additional oil 
over the 2006-2008 period.
    Using the oil price assumptions in CBO's March 2005 
baseline projections, we estimate that adding 3 million barrels 
would cost about $167 million dollars over the 2006-2010 
period, assuming appropriation of the necessary amounts. 
However, current prices far exceed those assumed in the March 
baseline. If oil prices remain near current levels, the cost of 
this provision could be higher by $75 million or more.
    Energy Assistance Accounts. This bill would authorize 
appropriations to the proposed Standby Refinery Support Account 
and Critical Energy Assurance Account. The amount of any 
federal contributions over the 2006-2010 period is uncertain 
because the need for funding would depend on actions taken by 
private parties or events such as natural disasters that are 
hard to predict. CBO's estimate does not include any costs for 
implementing the two funds over the 2006-2010 period, but such 
costs could be significant in later years.
    The Standby Refinery Support Account would pay for certain 
costs incurred by private developers of new or expanded 
refinery capacity in the United States. Refiners would be 
eligible for payments if projects experience delays due to 
federal or state regulatory actions or unforeseen litigation. 
Virtually all costs attributable to the delay would be eligible 
for compensation, including principal or interest due on any 
debt and the costs of complying with new regulations.
    The need to appropriate money for this purpose would occur 
only if private parties choose to invest in new or expanded 
refinery capacity and experienced delays. CBO believes that the 
likelihood of new refinery projects being built in the next few 
years is relatively low, given the high capital cost of 
refineries, their generally low rates of return, and the 
availability of alternative sources of refined products. Even 
if firms choose to invest in new or refurbished refineries, it 
is likely that the costs that could be attributed to a 
regulatory delay would be incurred after 2010, given the 
standard lead times needed for planning, siting, and financing 
a project. Standby support for such multibillion dollar 
projects could be very costly over a longer period, however, 
because such large projects commonly experience some regulatory 
or litigation delays in the course of their development.
    The Critical Energy Assurance Account would be available to 
assist private firms that operate critical energy 
infrastructure during any federally declared emergency or 
disaster. The fund could be used to pay for equipment needed to 
restore access to power, water, and other materials as well as 
for logistical support and emergency planning. Such costs 
typically are borne by private companies, and CBO assumes that 
such federal assistance would only occur in the event of a 
major disaster such as Hurricane Katrina. Because such 
disasters are uncommon and cannot be predicted, CBO's estimate 
does not include any spending for this program over the 2006-
2010 period.
    Other Authorizations. Other provisions of the bill would 
authorize appropriations for several energy studies and 
conservation initiatives at DOE; FTC actions on gasoline price 
gouging; new rulemaking proceedings at the Environmental 
Protection Agency; and a Commission for the Deployment of the 
Hydrogen Economy. Based on the costs of similar programs and 
activities, CBO estimates that implementing those provisions 
would cost about of $45 million over the 2006-2010 period.
    Intergovernmental and private-sector impact: H.R. 3893 
contains numerous mandates, as defined in UMRA, that would 
affect both intergovernmental and private-sector entities. The 
bill would preempt the authority of state and local governments 
to implement their own clean fuel programs and to authorize the 
siting of refineries within their borders. Those preemptions 
constitute intergovernmental mandates as defined in UMRA, 
however, CBO estimates that they would not impose significant 
additional costs on state, local, or tribal governments and 
would be well below the threshold established in UMRA ($62 
million in 2005, adjusted annually for inflations).
    The bill also would impose several private-sector mandates 
on all U.S. refineries and natural gas service providers. Based 
on information provided by industry and government sources, CBO 
expects that the aggregate direct costs of complying with those 
mandates would be minimal compared to the annual threshold 
established by UMRA for private-sector mandates ($123 million 
in 2005, adjusted annually for inflation).

State participation and presidential designation

    Section 101 would preempt the authority of state and local 
governments that receive a Presidential designation for the 
purposes of siting a refinery on federal lands within their 
borders. A Governor of a state receiving such a designation 
would be able to object to the designation, but the Congress 
would be authorized to override such an objection. CBO 
estimates that the costs associated with this preemption would 
be minimal.
    Governmental entities also would be subject to a judicial 
review and possibly fees associated with litigation if they do 
not comply with procedures associated with a Presidential 
designation. CBO cannot estimate the number of judicial reviews 
or the amount of fees that could result from enactment of this 
provision; however, we expect that the requirements would not 
impose significant costs.

Waiver authority for extreme fuel supply emergencies

     Section 107 would authorize the President, in consultation 
with the EPA and DOE, to waive--for a period not more than 90 
days--state or local statutes or regulations related to fuel or 
fuel-additive requirements. This provision also would preempt 
state authority to address local or regional concerns with air 
quality. CBO estimates that this preemption would not impose 
significant additional costs on governmental entities.

Federal list of fuel blends

    The Clean Air Act allows individual states to implement 
their own clean fuel programs to address local or regional 
concerns about air quality. The Energy Policy Act of 2005 
(EPACT) requires the EPA to (1) determine the total number of 
fuels approved by the federal government in all state 
implementation plans and (2) publish a list of those fuels in 
the Federal Register for public review and comment no later 
than November 6, 2005. EPACT also limits the total number of 
fuels on the approved list and would prohibit the addition of 
new fuels to the list without the removal of an older fuel.
    Section 108 would require EPA to identify and publish in 
the Federal Register a new list of six approved fuel blends, 
and thereby limit the number of federally approved fuel blends. 
The federal list of fuels would supersede any list currently 
allowed under state implementation plans. The federal fuels 
list would include one diesel fuel, one alternative diesel 
fuel, one conventional gasoline for ozone attainment areas, one 
reformulated gasoline, and two additional gasoline blends with 
Reid Vapor pressure (RVP) controls for use in ozone 
nonattainment areas. RVP indicates how quickly a substance 
evaporates. Gasoline with a high RVP evaporates more readily at 
a given temperature, allowing components of gasoline that 
contribute to smog formation to escape into the atmosphere.
    In reviewing state implementation plans under section 108, 
EPA would be required to deny plans containing fuels not on the 
federally approved list. This provision would preempt state 
authority to implement their own clean fuel programs. CBO 
estimates that the costs associated with this preemption would 
be minimal.
    In effect, section 108 also would require any refinery 
currently producing a fuel blend that is not on the federal 
fuels list to cease production of that fuel. Such a restriction 
would constitute a private-sector mandate as defined in UMRA. 
According to various industry contacts, most refineries are 
capable of changing their fuel blends with minimal, if any, 
retooling. Those sources also suggested that the new federal 
list would not require refineries to incur costs due to losses 
associated with the possibility of not using current blend 
stocks because all fuel blends contain similar additives but in 
different mixture ratios. Consequently, CBO estimates that the 
costs associated with any retooling necessary to comply with 
the provisions of this section would be minimal, if any.

Reporting requirements for gas service providers

    Section 205 would require all gas service providers to 
submit to the Federal Energy Regulatory Commission (FERC) 
annual reports regarding the conditions of service for each 
shipper served. Currently, gas service providers are not 
required to issue such reports to FERC. Requiring gas service 
providers to generate and submit such reports to FERC would 
constitute a private-sector mandate as defined in UMRA. Since 
the information being requested is collected as a part of each 
business transaction, CBO estimates that the costs associated 
with generating and submitting such reports once a year would 
be small.
    Estimate prepared by: Federal Costs: Kathleen Gramp and 
Megan Carroll. Impact on State, Local, and Tribal Governments: 
Lisa Ramirez-Branum. Impact on the Private Sector. Craig 
Cammarata.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title; table of contents

    Section 1 designates the title of the bill, the ``Gasoline 
for America's Security Act of 2005.''

Section 2. Findings

    Section 2 presents the findings of Congress.

Section 3. Definitions

    Section 3 defines the terms reference throughout the Act.

Section 101. State participation and presidential designation

    Section 101 encourages the siting of new or the expansion 
of existing refineries by giving the DOE a new coordinating 
role, requiring DOE establish a schedule for all Federal 
authorizations and providing new judicial review procedure if 
the new or expanded refinery is to be located in a state whose 
Governor has requested application of such procedures or if the 
proposed refinery or refinery expansion is to be located on 
Federal land that has been designated by the President as 
appropriate for the purposes of siting a refinery. Federal 
lands designated by the President may include closed military 
bases.

Section 102. Process coordination and rules of procedure

    Section 102 provides a process for obtaining all Federal 
authorizations required to site, construct, operate, or expand 
a refinery and is intended to provide for a timely resolution 
of the refinery authorization process. Under this section, DOE 
is identified as lead agency for the purposes of coordinating 
all Federal authorizations required to site, construct, 
operate, or expand a refinery. As lead agency, DOE is required 
to set a schedule and develop a consolidated project record of 
all Federal authorizations required for the refinery project. 
The D.C. Circuit Court of Appeals is given exclusive 
jurisdiction over all appeals of an agency decision regarding a 
Federal authorization. The term Federal authorization means any 
authorization required under Federal law, whether administered 
by a Federal or state administrative agency or official. In any 
proceeding brought pursuant to subsection (e), if the court 
finds that an 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.

Section 103. Refinery revitalization repeal

    Section 103 repeals Subtitle H of Title III of the Energy 
Policy Act of 2005.

Section 104. Standby support for refineries

    Section 104 authorizes the Secretary of Energy (Secretary) 
to provide standby support for the construction of new refinery 
capacity on sites in states where the Governor has requested 
such support or on sites designated by the President pursuant 
to section 101 of the Act. This provision is limited to the 
first 2 million barrels per day of new refinery construction or 
refurbishment of existing, but non-operating facilities. 
Sponsors of new refinery capacity may enter into contracts with 
the Secretary to be reimbursed for certain unforeseen 
regulatory or litigation delays that prevent commencement of 
operations, or substantially reduce throughput. Sponsors may be 
reimbursed for debt obligations and consequential damages. The 
Secretary shall not reimburse any costs that result from the 
facility sponsor failing to take any action required by law or 
regulation, or events within the control of the sponsor.

Section 105. Military use refinery

    Section 105 authorizes the President to enter into 
contracts with private industry to have a refinery permitted, 
constructed, and operated to manufacture petroleum products for 
consumption by the Armed Forces of the United States, provided 
the President has made a determination that there is not 
sufficient refining capacity in the United States.

Section 106. New source review under Clean Air Act

    Section 106 directs the EPA, under the Clean Air Act New 
Source Review programs, to use the maximum legal flexibly under 
existing law in order to enable energy industry facilities to 
undertake projects to maintain, to restore, and to improve the 
efficiency, the reliability, or the availability of such 
facilities. This section clarifies that the term 
``modification'' as used in both the New Source Review Program 
and the New Source Performance Standards Program should be 
consistent. Section 106 would codify the NSPS definition of 
modification as it applies to routine maintenance, repair, and 
replacement and apply the NSPS definition of modification in 40 
C.F.R. 60.14(h) to all industrial sources. Finally, section 106 
codifies the EPA's previously issued Equipment Replacement 
Provision rule.

Section 107. Waiver authority for extreme fuel supply emergencies

    Section 107 provides the President the authority to 
temporarily waive Federal, state, and local fuel or fuel 
additive requirements in the event of an extreme and unusual 
supply circumstance caused by a natural disaster. Waivers 
issued by the President, in consultation with EPA and DOE, are 
for the time period necessary to permit the correction of the 
extreme and unusual supply circumstance caused by the natural 
disaster but shall not be for a period longer than 90 days. 
Existing Section 211(c)(4)(C)(ii) of the Clean Air Act, enacted 
as Section 1541(a) of the Energy Policy Act of 2005, granted 
the Administrator of the EPA fuel waiver authority in the event 
of an extreme and unusual fuel supply circumstance. Section 107 
of the bill is in addition to the authority granted to EPA 
under the Energy Policy Act of 2005, not a substitute for it. 
This section also directs that states shall not be subject to 
any actions against or sanctions, including the revision of an 
applicable implementation plan, due to any emissions 
attributable to a waiver issued by either EPA or the President.
    A temporary waiver issued by the President under this 
section 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. This limitation ensures that 
the President, in exercising the waiver authority under this 
section, takes into account practical considerations for 
current production plans for auto manufacturing. However, 
allowing the President broad waiver discretion in times of a 
natural disaster is critical in times where a fuel emergency 
may result. Therefor, the President shall consider the effects 
of such waiver only to the extent it prevents the normal 
functioning of the vehicle, engine, component, system, or 
equipment, from operating. A presidential waiver of a control 
or prohibition respecting the use of a fuel or fuel additive 
shall not be allowed if it will prevent the vehicles it is 
intended to help operate from doing so during times of an 
extreme and unusual supply circumstance caused by a natural 
disaster. The President also shall use discretion regarding the 
waiver if such waiver would materially degrade functioning over 
the useful life of the vehicle, engine, component, system, or 
equipment. The term ``materially degrade'' is meant to include 
more than just performance and warranty issues that could be 
caused by slight changes in the fuel standards. This 
consideration should be weighed against the scope of the 
natural disaster and the long-term effects any such waiver 
would bring.

Section 108. List of fuel blends

    Section 108 directs the EPA to develop a Federal Fuels List 
comprised of a total of 6 gasoline and diesel fuels for use in 
states except California or states dependent on refineries in 
California for gasoline or diesel fuel. Section 108 directs the 
Federal Fuels List to include fuels that, as determined by the 
Administrator of EPA and the Secretary, reduce ozone emissions 
to assist states in attaining established ozone standards and 
will not result in a reduction in supply or producibility, 
including that caused by a reduction in domestic refining 
capacity as a result of the adoption of the Federal Fuels List. 
Furthermore, the list developed must include one Federal diesel 
fuel, one alternative diesel fuel, one conventional gasoline, 
one reformulated gasoline meeting the requirements of the Clean 
Air Act, and two additional gasolines with Reid vapor pressure 
controls for use in ozone nonattainment areas of varying 
degrees of severity. The Administrator and the Secretary must 
focus their analysis and proposal on those fuels that provide 
environmental benefits and are already prevalent in the 
domestic market. If the Administrator or the Secretary seeks to 
offer alternatives to widely used fuels in the proposed Federal 
Fuels List, those alternatives must have the ability to reduce 
ozone emissions and not reduce domestically produced supply. 
Nothing in Section 108 shall be construed or interpreted to 
affect the elimination, required by the Energy Policy Act of 
2005, of the oxygen content requirement for reformulated 
gasoline under the Clean Air Act.
    This section provides that should DOE determine that the 
list of fuels developed result in a reduction in supply or 
producibility, EPA and DOE will report that finding to Congress 
and suspend the implementation of the list. Upon such a finding 
and suspension of implementation of the clause, the EPA and DOE 
will conduct the study required under Section 1541(c) of the 
Energy Policy Act of 2005.
    Section 108 amends the Boutique Fuels Study in Section 
1541(c) of the Energy Policy Act of 2005 to include an 
examination of the impact on ozone emissions and supply of a 
mandatory reduction to a total of 6 fuels along with the 
original focus of the study on the development of a fuels 
system maximizing fungibility and supply, while preserving air 
quality and reducing price volatility, including that which may 
have resulted from the proliferation of boutique fuels. Nothing 
in this section shall be construed or interpreted to alter or 
affect any existing law or regulation in effect pertaining to 
any fuel additive registered in accordance with the Clean Air 
Act, including ethanol and methyl tertiary butyl ether, or to 
alter or affect any state's authority to enact laws or issue 
regulations therefor after the effective date of this section.

Section 109. Attainment dates for downwind ozone nonattainment areas

    Section 109 permits a downwind area to seek, by petitioning 
EPA, an attainment date extension 18 months prior to or within 
18 months after its attainment date deadline. The Administrator 
may extend the attainment date for the downwind area, in lieu 
of reclassification, if the Administrator: (1) determines that 
any area is a downwind area with respect to a particular 
National Ambient Air Quality Standard (NAAQS) for ozone; (2) 
approves a plan revision for such area which complies with all 
requirements applicable under the current classification of the 
downwind area, includes additional measures needed to 
demonstrate attainment by the extended attainment date sought, 
and provides appropriate measures to ensure no area located 
downwind of the downwind area receiving the extended attainment 
date will be affected by transport to a degree that affects the 
area's ability to attain; and (3) determines the downwind area 
has demonstrated it is affected by transport from an upwind 
area to a degree that affects the area's ability to attain. The 
extended date shall be for the attainment of such NAAQS as 
expeditiously as practicable, and by no later than the date the 
area would have been subject to, had it been reclassified.
    Furthermore, section 109 grants the Administrator the 
ability to withdraw the reclassification of a downwind area 
reclassified after April 1, 2003, and prior to the revocation 
of the 1-hour ozone standard, if the Administrator made the 
reclassification determination and approved a plan for the 
downwind area, submitted within 12 months of enactment. The 
plan shall comply with all control and planning requirements 
applicable to the classification of the downwind area prior to 
reclassification and include any additional measures needed to 
demonstrate attainment no later than the date on which the last 
reductions in pollution transport are required to be achieved 
by the upwind area or areas. The attainment date extension in 
such case shall provide for attainment 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 found to significantly 
contribute to nonattainment are required to be achieved by the 
upwind area or areas.

Section 110. Northwest crude oil supply

    Section 110 lifts Federal law restrictions on the purpose 
for which crude oil imports imported through the navigable 
waters of Puget Sound may be used and consumed.

Section 111. Discounted sales or royalty-in-kind oil to qualified small 
        refineries

    Section 111 requires the Secretary of the Interior 
(Secretary) to issue and implement regulations under which the 
Secretary 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.

Section 112. Study and report relating to streamlining paperwork 
        requirements

    Section 112 requires the EPA Administrator to study and 
provide a report to Congress regarding techniques to streamline 
paperwork requirements associated with Title V of the Clean Air 
Act and corresponding state law. The report must include an 
analysis of the possible efficiencies of allowing a more 
stringent state filing and filing process to replace any 
corresponding federal filing and filing process requirements.

Section 113. Response to biomass debris emergency

    Section 113 permits the Secretary of Energy to authorize 
any facility to use biomass debris as fuel if: (1) the debris 
results from a declared major disaster; (2) the debris is 
located in the area where the disaster was declared; and, (3) 
if certification is provided that the facility will present no 
significant impact on meeting national ambient air quality 
standards.

Section 201. Federal-State regulatory coordination

    Section 201 encourages the siting of crude and petroleum 
product pipelines that will be used in interstate commerce by 
giving the FERC a new coordinating role, requiring FERC 
establish a schedule for all Federal authorizations and 
providing new judicial review procedures if the pipeline is to 
be located in a state whose Governor has requested application 
of such procedures. This section also authorizes interstate 
compacts, subject to approval by Congress, establishing 
regional pipeline siting agencies to facilitate siting of 
future crude oil and refined petroleum product pipeline 
facilities within those States.

Section 202. Process coordination and rules of procedure

    Section 202 provides a process for obtaining all Federal 
authorizations required to site crude oil or petroleum product 
pipelines that will be used in interstate commerce. Under this 
section, FERC is identified as lead agency for the purposes of 
coordinating all Federal authorizations required to site a 
crude oil or petroleum product pipeline. As lead agency, FERC 
is required to set a schedule and develop a consolidated 
project record of all Federal authorizations required for the 
pipeline project. The D.C. Circuit Court of Appeals is given 
exclusive jurisdiction over all appeals of an agency decision 
regarding a Federal authorization.

Section 203. Backup power capacity study

    Section 203 requires the Secretary of Energy to transmit to 
Congress within 6 months a report assessing the adequacy of 
backup power capacity, and the need for additional capacity, to 
provide for continuing operation of major crude oil and refined 
product facilities located in areas subject to higher incidents 
of natural disasters such as hurricanes, tornadoes, and 
earthquakes.

Section 204. Sunset of loan guarantees

    Section 204 sunsets loan guarantees for the Alaska Natural 
Gas Pipeline if the State of Alaska has not entered into an 
agreement regarding construction of the pipeline under the 
Alaska Stranded Gas Development Act within 24 months of 
enactment of this Act.

Section 205. Offshore pipelines

    Section 205 amends the Natural Gas Act to require natural 
gas gathering service providers operating in the Outer 
Continental Shelf to provide certain information regarding such 
operations. Such information shall include the full legal name 
of the shipper(s) receiving service, the type of service(s) 
provided, primary receipt point(s), primary delivery point(s), 
rates between each pair of point(s) and other conditions of 
service deemed relevant by the gas service provider.

Section 206. Savings clause

    Section 206 provides that nothing within Title II of this 
Act 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 of the United States Code.

Section 207. Carbon-based fuel cell development

    Section 207 authorizes the Secretary to make a grant to a 
qualified institution to design and fabricate a 5-kilowatt 
prototype coal-based fuel cell with certain performance 
objectives.

Section 301. Department of Energy carpooling and vanpooling program

    The Committee recognizes the potential of carpooling and 
vanpooling to aid Americans seeking relief from high gas 
prices. Section 301 directs the Secretary to establish and 
carry out a program to encourage the use of carpooling and 
vanpooling. The Secretary may make matching grants to state and 
local governments for carpooling or vanpooling projects. The 
section further states that vehicles provided by private sector 
entities may be counted as part of the state or local 
contributor to the project. When determining grants under the 
program, the Secretary shall consider the projects potential to 
conserve oil, its contribution to state and local disaster 
planning, and the status of attainment in the area the project 
is located, with emphasis put on nonattainment areas.

Section 302. Evaluation and assessment of carpool and vanpool projects

    Section 302 requires the EPA Administrator to evaluate and 
assess the capacity of carpool and vanpool projects funded 
under the Congestion Mitigation and Air Quality (CMAQ) program 
to reduce consumption of gasoline and to determine the direct 
and indirect impact of the projects on air quality and 
congestion levels.
    The Administrator shall further assess whether CMAQ funds 
are being properly dedicated towards carpooling and vanpooling 
programs, particularly those operated by metropolitan planning 
organizations and nonprofit transportation management 
associations. Should the Administrator find that carpool and 
vanpool programs are not being effectively implemented, then 
the Administrator shall identify recommendations to improve the 
operation of carpool projects in a report to Congress.

Section 303. Internet utilization study

    Section 303 directs the Secretary to study ways in which 
the Internet is currently being used to facilitate vanpooling 
and carpooling, and the manner in which the Internet can be 
used to advance these projects. In particular, the Secretary 
should evaluate techniques to match riders with local drivers, 
including emerging instant messaging systems that allow for 
near on demand carpooling. The report may discuss how this 
technology can be applied to both inter-company carpools and 
other existing vanpool services.

Section 304. Fuel consumption education campaign

    Section 304(a) requires the Secretary to establish a 
public-private partnership to create a public education 
campaign to inform drivers how to conserve fuel. It has been 
widely reported that there are simple actions drivers can take 
to make substantial progress toward conserving fuel, and the 
campaign should educate consumers on how best to utilize these 
specific options already at their disposal. The campaign should 
educate consumers, for instance, that fuel can be saved by 
driving the speed limit. A vehicle loses approximately one 
percent in fuel economy for each one mile per hour driven above 
55 mph. A passenger car that is rated at 30 miles per gallon 
would achieve 28.5 miles per gallon at 55 miles per hour, 27 
miles per gallon at 60 miles per hour, and only 25.5 miles per 
gallon at 70 miles per hour. By eliminating the idling of 145 
million passenger vehicles for five minutes a day, 
approximately four million gallons of gasoline can be conserved 
daily. Inflating tires to the proper inflation level can result 
in substantial fuel savings. For every two to three pounds per 
square inch of under inflation of a tire, up to one percent in 
gas mileage can be lost. Thus, if half of all Americans' 
vehicles have properly inflated tires, at least 2.8 million 
gallons of gasoline could be saved daily. A properly tuned 
vehicle can consume over 25 percent less gasoline than a poorly 
tuned vehicle. The simple act of replacing a clogged air filter 
can improve fuel economy by as much as 10 percent. The 
Committee expects this kind of information to be conveyed to 
the consumer in a multi-media public education campaign. The 
Secretaryshould confer with all Federal agencies as appropriate 
in developing and implementing the education campaign.
    The Committee believes that the task of educating U.S. 
drivers can be best accomplished by joining the financial 
resources of the Federal Government with the resources of 
specific transportation industry sectors, such as automobile 
manufacturers, tire manufacturers, automobile dealers, oil 
companies, and motorist organizations such as the American 
Automobile Association, to create a multi-media public 
education campaign to communicate this information to U.S. 
drivers. Contributions for the public education campaign from 
the private sector should be allocated based on size and 
funding of each such organization.
    Section 304(b) directs the Secretary to make the public 
education campaign as widely accessible as possible. To most 
efficiently use funds, the Committee intends that the Secretary 
work in partnership with a private, nonprofit agency that is 
the leading producer of public service advertisements and is 
able to use the services of volunteer advertising agencies and 
donated media, such as the Ad Council. The education campaign 
may include broadcast television and radio, print, Internet 
websites, or any other method designed to maximize the 
dissemination of gasoline conservation information to United 
States drivers.
    Section 304(c) states that the Secretary shall provide no 
more than 50 percent of the funding for the campaign. Finally, 
section 304(d) authorizes $2,500,000 in appropriations.

Section 305. Procurement of energy efficient lighting devices

    Section 305 requires agencies of the Federal government to 
purchase the most energy efficient and cost-effective electric 
lighting products available, consistent with safety 
considerations.

Section 306. Minority employment

    Section 306 amends Section 385 of the Energy Policy Act of 
2005 to direct the Secretary to establish a program to 
encourage minority students to study earth sciences and enter 
the field of geology in order to qualify for employment in the 
oil, gas, and mineral industries. This section authorizes the 
appropriation of $10,000,000.

Section 401. Short title

    Section 401 provides that Title IV shall be known as the 
``Gas Price Gouging Prevention Act.''

Section 402. Gasoline price gouging prohibited

    Section 402(a) makes it unlawful during a period and in an 
area of a disaster for any person to sell gasoline or diesel 
fuel at a price that constitutes price gouging as defined by 
rule by the FTC. Such a violation would be treated as an unfair 
or deceptive practice under Section 5 of the FTC Act. The term 
any person is intended to cover all persons in the supply chain 
of the production and distribution of gasoline and diesel fuel.
    Section 402(b) provides the FTC shall issue rules to 
enforce this section within one year of enactment of this Act. 
In writing the rules, the FTC shall define ``price gouging'' 
for purposes of this section based on its findings from the 
investigation it conducts pursuant to section 403 of this Act. 
By linking the definition of price gouging to the required 
investigation, the Committee intends this requirement to 
provide substantive and objective standards that can be applied 
nationally based on the evidence and the situation. The 
Committee does not intend the definition of price gouging to 
delineate specific price increases that would constitute price 
gouging.
    The rules promulgated by the FTC shall be consistent with 
the requirements of section 5(n) of the FTC Act for unfair acts 
or practices. Section 5(n) stipulates that the FTC has no 
authority to declare an act or practice unfair unless the act 
or practice meets certain criteria. Specifically, the act must 
cause or be likely to cause substantial injury to consumers 
``which is not reasonably avoidable by consumers themselves and 
not outweighed by countervailing benefits to consumers or to 
competition.'' Price increases for legitimate market reasons do 
not constitute an injury to consumers. The Committee recognizes 
the legitimacy of price increases to signal supply shortages. 
Finally, in the context of price gouging, the Committee intends 
that countervailing benefits under section 5(n) of the FTC Act 
include an analysis of the benefits of increases in prices in a 
time of supply shortages.
    The Committee intends that a rule defining ``price 
gouging'' will adhere to these requirements. These criteria 
provide an appropriate balance for the FTC in its rulemaking 
and will be used in making a distinction between price 
increases due to market conditions and price gouging which is 
unfair in that ``gouging'' is unrelated to actual supply-and-
demand forces.
    Section 402(c) provides that a violation of subsection (a) 
shall be enforced as a violation of an unfair or deceptive act 
or practice prescribed under section 18(a)(1)(B) of the FTC 
Act. The FTC shall enforce this Act with all its powers and 
jurisdiction as if all were incorporated directly into the FTC 
Act (except as provided in section 402(d)). This provision is 
intended to clarify that the FTC has all its enforcement 
authority prescribed under the FTC Act.
    Section 402(d) provides that anyone who violates subsection 
(a) shall be subject to a civil penalty up to $11,000 per day 
that a violation occurs. As described in subsection (c), the 
FTC maintains enforcement authority for penalties, including 
equitable relief.
    Section 402(e) provides the Definition of a Major Disaster, 
which is the same as a disaster declared by the President 
defined by the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, but also requires that the Secretary of Energy 
determine that the disaster has substantially disrupted the 
production, distribution, or supply of gasoline or diesel fuel. 
Such a determination triggers the prohibition in subsection (a) 
to the area declared a disaster and for a period of 30 days.

Section 403. FTC investigation on price-gouging

    Section 403(a) requires the FTC to conduct an investigation 
into nationwide gasoline prices as well as evidence of price 
gouging in the aftermath of Hurricane Katrina. The 
investigation should also include an analysis and comparison of 
profit level for companies for the month of September 2005, 
compared to the profit levels for the previous 12 months. The 
investigation should include non-identifying information for 
particular companies.
    The investigation should also include a summary of tax 
expenditures for such companies, an examination of the effects 
of increased gasoline prices and gasoline price gouging on the 
economic activity in the U.S., and the overall cost of 
increased gasoline prices and price gouging to the economy 
including the impact on consumers' purchasing power in both 
declared State and National disaster areas and elsewhere.
    Section 403 (a)(5) requires the FTC in the conduct of the 
study on price gouging to provide an analysis of the role and 
overall cost of credit card interchange rates on gasoline and 
diesel fuel retail prices and the varying cost of credit card 
interchange rates that are applied to different channels of 
trade.
    Section 403(b) specifies that the investigation should 
examine wholesalers with more than $500,000,000 in annual sales 
revenue and any retail gas distributor who is the subject of 
multiple consumer complaints filed with a state consumer 
protection agency alleging gas price gouging in August or 
September 2005.
    Section 403(c) directs the FTC to treat as evidence of 
price gouging certain findings of its investigation. 
Specifically, a finding that the average price in an area 
affected by Katrina or in an area where consumer complaints of 
price gouging were filed exceeded the average price in that 
area for the month of August 2005 shall be treated as evidence 
of price gouging. It shall not be treated as price gouging if 
the average price increase is substantially due to cost 
increases associated with production, transportation, delivery, 
and sale of gasoline in that area or to national or 
international market trends. This provision is meant to take 
into account the natural economics of supply and demand that 
affect prices, either locally or nationally, related to 
disruptions in the supply chain. Such disruptions will be 
expected to raise average prices, all else held constant. The 
Committee interprets price gouging to be price increases that 
are otherwise unrelated to the economics of supply and demand.
    The FTC is required to report any finding of price 
increases unrelated to supply and demand costs to appropriate 
state and Federal agencies, as well as provide the relevant 
Congressional Committees of jurisdiction with a report of its 
finding and recommendations.

Section 404. FTC study of petroleum prices on exchange

    Section 404 requires that the FTC complete a study on the 
price of refined petroleum products on the New York Mercantile 
Exchange. The study should consider the effects of such price 
on the: (1) geographic size of delivery market; (2) proximity 
of energy futures markets to the source of supply; (3) 
specified grade of gasoline deliverable on the exchange; (4) 
control of the storage and delivery market infrastructure; and, 
(5) effectiveness of trading halts.
    The FTC is to complete the study six months from the date 
of enactment.

Section 501. Strategic Petroleum Reserve capacity

    Section 501 authorizes the Secretary to drawdown crude oil 
from the Strategic Petroleum Reserve (Reserve) for the purpose 
of financing the acquisition of increased capacity for the 
Reserve. Revenue generated from any such drawdown is to be 
deposited in a Strategic Petroleum Reserve Expansion Fund. The 
Committee would expect the Secretary to exercise fiscal 
responsibility and conduct any such drawdown at times when 
crude oil prices are generally higher and restock the Reserve 
when crude oil prices are generally lower.

Section 502. Strategic Petroleum Reserve sale

    Section 502 requires that crude sold from the Strategic 
Petroleum Reserve to refiners be used for consumption in the 
United States and not be sold before it has been refined.

Section 503. Northeast Home Heating Oil Reserve capacity

    Section 503 increases the total authorized capacity for the 
Northeast Home Heating Oil Reserve from 2 million barrels to 5 
million barrels.

Section 601. Establishment

    Section 601 establishes the name of the Commission as the 
Commission for the Deployment of the Hydrogen Economy.

Section 602. Duties of Commission

    Section 602 sets the duties of the Commission, namely to 
develop a strategic plan that identifies the best methods to 
marshal all financial resources, both public and private 
sector, to achieve mass commercialization of hydrogen.

Section 603. Membership

    Section 603 creates a Commission of 8 appointed members 
with at least 5 years of experience in science, technology, 
engineering, or public policy. Each member shall be paid at a 
rate not to exceed the pay for level V of the Executive 
Schedule. Federal employees may not receive pay.

Section 604. Staff of Commission; experts and consultants

    Section 604 allows the Commission to appoint and fix the 
pay of staff as appropriate, and may procure temporary and 
intermittent services of experts and consultants. Upon request 
of the Commission, the head of any Federal department or agency 
may detail any personnel of that department to the Commission.

Section 605. Powers of Commission

    Section 605 allows the Commission to hold hearings, take 
testimony, and receive evidence. The Commission may also secure 
information from any department or agency, use the mails as 
other departments and agencies, and may request administrative 
support services from the Administrator of General Services. 
Finally, the Commission may issue subpoenas and apply to a U.S. 
District Court for enforcement of such subpoenas.

Section 606. Report

    Section 606 requires the Commission to transmit its report 
to Congress, including findings and recommendations, no later 
than 8 months after the date of enactment of this Act.

Section 701. Evacuation plan review

    Section 701 requires the Secretary within six months to 
review and report to Congress on the sufficiency of the fuel 
supply component of State and the National Capital region 
evacuation plans, and to make recommendations. It further 
requires the Secretary to report yearly thereafter on state 
evacuation plans that were found insufficient.

Section 702. Disaster assistance

    Section 702 allows the Secretary to provide direct 
assistance during Federally declared emergencies or disasters 
to private entities to restore critical energy infrastructure, 
including refineries. Assistance may include emergency 
preparation and recovery assistance, including power generation 
equipment, protective or recovery equipment, and assistance to 
restore access to water and power, and transportation and 
housing for critical employees. The Secretary may request 
assistance from other Federal agencies.

Section 703. Critical Energy Assurance Account

    Section 703 creates an account in the United States 
Treasury to deposit amounts appropriated or received from non-
Federal sources that shall be available to the Secretary to 
carry out this title.

Section 704. Regulations

    Section 704 permits the Secretary of Energy to issue 
regulations needed to carry out this title.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

ENERGY POLICY ACT OF 2005

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Energy 
Policy Act of 2005''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                         TITLE III--OIL AND GAS

           Subtitle A--Petroleum Reserve and Home Heating Oil

     * * * * * * *

                  [Subtitle H--Refinery Revitalization

[Sec. 391. Findings and definitions.
[Sec. 392. Federal-State regulatory coordination and assistance.]

           *       *       *       *       *       *       *


TITLE III--OIL AND GAS

           *       *       *       *       *       *       *


Subtitle G--Miscellaneous

           *       *       *       *       *       *       *


SEC. 385. STUDY OF AVAILABILITY OF SKILLED WORKERS.

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


                  [Subtitle H--Refinery Revitalization

[SEC. 391. FINDINGS AND DEFINITIONS.

  [(a) Findings.--Congress finds that--
          [(1) it serves the national interest to increase 
        petroleum refining capacity for gasoline, heating oil, 
        diesel fuel, jet fuel, kerosene, and petrochemical 
        feedstocks wherever located within the United States, 
        to bring more supply to the markets for the use of the 
        American people;
          [(2) United States demand for refined petroleum 
        products currently exceeds the country's petroleum 
        refining capacity to produce such products;
          [(3) this excess demand has been met with increased 
        imports;
          [(4) due to lack of capacity, refined petroleum 
        product imports are expected to grow from 7.9 percent 
        to 10.7 percent of total refined product by 2025;
          [(5) refiners are still subject to significant 
        environmental and other regulations and face several 
        new requirements under the Clean Air Act (42 U.S.C. 
        7401 et seq.) over the next decade; and
          [(6) better coordination of Federal and State 
        regulatory reviews may help facilitate siting and 
        construction of new refineries to meet the demand in 
        the United States for refined products.
  [(b) Definitions.--In this subtitle:
          [(1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Environmental Protection 
        Agency.
          [(2) State.--The term ``State'' means--
                  [(A) a State;
                  [(B) the Commonwealth of Puerto Rico; and
                  [(C) any other territory or possession of the 
                United States.

[SEC. 392. FEDERAL-STATE REGULATORY COORDINATION AND ASSISTANCE.

  [(a) In General.--At the request of the Governor of a State, 
the Administrator may enter into a refinery permitting 
cooperative agreement with the State, under which each party to 
the agreement identifies steps, including timelines, that it 
will take to streamline the consideration of Federal and State 
environmental permits for a new refinery.
  [(b) Authority Under Agreement.--The Administrator shall be 
authorized to--
          [(1) accept from a refiner a consolidated application 
        for all permits required from the Environmental 
        Protection Agency, to the extent consistent with other 
        applicable law;
          [(2) enter into memoranda of agreement with other 
        Federal agencies to coordinate consideration of 
        refinery applications and permits among Federal 
        agencies; and
          [(3) enter into memoranda of agreement with a State, 
        under which Federal and State review of refinery permit 
        applications will be coordinated and concurrently 
        considered, to the extent practicable.
  [(c) State Assistance.--The Administrator is authorized to 
provide financial assistance to State governments to facilitate 
the hiring of additional personnel with expertise in fields 
relevant to consideration of refinery permits.
  [(d) Other Assistance.--The Administrator is authorized to 
provide technical, legal, or other assistance to State 
governments to facilitate their review of applications to build 
new refineries.]

           *       *       *       *       *       *       *


TITLE XV--ETHANOL AND MOTOR FUELS

           *       *       *       *       *       *       *


                       Subtitle C--Boutique Fuels

SEC. 1541. REDUCING THE PROLIFERATION OF BOUTIQUE FUELS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Study and Report to Congress on Boutique Fuels.--
          (1) * * *
          [(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, addresses air quality 
        requirements, and reduces motor fuel price volatility 
        including that which has resulted 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.]
          (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.

           *       *       *       *       *       *       *

                              ----------                              


CLEAN AIR ACT

           *       *       *       *       *       *       *


TITLE I--AIR POLLUTION PREVENTION AND CONTROL

           *       *       *       *       *       *       *


Part D--Plan Requirements for Nonattainment Areas

           *       *       *       *       *       *       *


Subpart 2--Additional Provisions for Ozone Nonattainment Areas

           *       *       *       *       *       *       *


SEC. 181. CLASSIFICATIONS AND ATTAINMENT DATES.

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


TITLE II--EMISSION STANDARDS FOR MOVING SOURCES

           *       *       *       *       *       *       *


Part A--Motor Vehicle Emission and Fuel Standards

           *       *       *       *       *       *       *


                          regulation of fuels

      Sec. 211. (a) * * *

           *       *       *       *       *       *       *

      (c)(1) * * *

           *       *       *       *       *       *       *

      (4)(A) * * *

           *       *       *       *       *       *       *

      (C)(i) * * *

           *       *       *       *       *       *       *

  (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.
  (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).
  [(v)] (vii) Nothing in this subparagraph shall--
          (I) * * *

           *       *       *       *       *       *       *

  [(v)(I) The Administrator shall have no authority, when 
considering a State implementation plan or a State 
implementation plan revision, to approve under this paragraph 
any fuel included in such plan or revision if the effect of 
such approval increases the total number of fuels approved 
under this paragraph as of September 1, 2004, in all State 
implementation plans.
  [(II) The Administrator, in consultation with the Secretary 
of Energy, shall determine the total number of fuels approved 
under this paragraph as of September 1, 2004, in all State 
implementation plans and shall publish a list of such fuels, 
including the States and Petroleum Administration for Defense 
District in which they are used, in the Federal Register for 
public review and comment no later than 90 days after 
enactment.
  [(III) The Administrator shall remove a fuel from the list 
published under subclause (II) if a fuel ceases to be included 
in a State implementation plan or if a fuel in a State 
implementation plan is identical to a Federal fuel formulation 
implemented by the Administrator, but the Administrator shall 
not reduce the total number of fuels authorized under the list 
published under subclause (II).
  [(IV) Subclause (I) shall not limit the Administrator's 
authority to approve a control or prohibition respecting any 
new fuel under this paragraph in a State implementation plan or 
revision to a State implementation plan if such new fuel--
          [(aa) completely replaces a fuel on the list 
        published under subclause (II); or
          [(bb) does not increase the total number of fuels on 
        the list published under subclause (II) as of September 
        1, 2004.
In the event that the total number of fuels on the list 
published under subclause (II) at the time of the 
Administrator's consideration of a control or prohibition 
respecting a new fuel is lower than the total number of fuels 
on such list as of September 1, 2004, the Administrator may 
approve a control or prohibition respecting a new fuel under 
this subclause if the Administrator, after consultation with 
the Secretary of Energy, publishes in the Federal Register 
after notice and comment a finding that, in the Administrator's 
judgment, such control or prohibition respecting a new fuel 
will not cause fuel supply or distribution interruptions or 
have a significant adverse impact on fuel producibility in the 
affected area or contiguous areas.
  [(V) The Administrator shall have no authority under this 
paragraph, when considering any particular State's 
implementation plan or a revision to that State's 
implementation plan, to approve any fuel unless that fuel was, 
as of the date of such consideration, approved in at least one 
State implementation plan in the applicable Petroleum 
Administration for Defense District. However, the Administrator 
may approve as part of a State implementation plan or State 
implementation plan revision a fuel with a summertime Reid 
Vapor Pressure of 7.0 psi. In no event shall such approval by 
the Administrator cause an increase in the total number of 
fuels on the list published under subclause (II).]
  (viii)(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.
  [(VI)] (V) Nothing in this clause shall be construed to have 
any effect regarding any available authority of States to 
require the use of any fuel additive registered in accordance 
with subsection (b), including any fuel additive registered in 
accordance with subsection (b) after the enactment of this 
subclause.

           *       *       *       *       *       *       *


TITLE III--GENERAL

           *       *       *       *       *       *       *


                              definitions

      Sec. 302. When used in this Act--
      (a) * * *

           *       *       *       *       *       *       *

  (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).

           *       *       *       *       *       *       *

                              ----------                              


                SECTION 5 OF THE ACT OF OCTOBER 18, 1977

                          (Public Law 95-136)

 AN ACT To authorize appropriations for fiscal year 1978 to carry out 
               the Marine Mammal Protection Act of 1972.

  Sec. 5. (a) * * *
  (b) Notwithstanding any other provision of law, on and after 
the date of enactment of this section, no officer, employee, or 
other official of the Federal Government shall, or shall have 
authority to, issue, renew, grant, or otherwise approve any 
permit, license, or other authority for constructing, 
renovating, modifying, or otherwise altering a terminal, dock, 
or other facility in, on, or immediately adjacent to, or 
affecting the navigable waters of Puget Sound, or any other 
navigable waters in the State of Washington east of Port 
Angeles, which will or may result in any increase in the volume 
of crude oil capable of being handled at any such facility 
(measured as of the date of enactment of this section), other 
than oil to be refined [for consumption in the State of 
Washington].
                              ----------                              


           SECTION 116 OF THE ALASKA NATURAL GAS PIPELINE ACT

SEC. 116. LOAN GUARANTEES.

  (a) Authority.--(1) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

                              ----------                              


NATURAL GAS ACT

           *       *       *       *       *       *       *


           NECESSITY FOR REGULATION OF NATURAL GAS COMPANIES

  Section 1. (a) * * *
  (b) The provisions of this Act shall apply to the 
transportation of natural gas in interstate commerce, to the 
sale in interstate commerce of natural gas for resale for 
ultimate public consumption for domestic, commercial, 
industrial, or any other use, and to natural gas companies 
engaged in such transportation or sale, and to the importation 
or exportation of natural gas in foreign commerce and to 
persons engaged in such importation or exportation, but shall 
not apply to any other transportation or sale of natural gas or 
to the local distribution of natural gas or to the facilities 
used for such distribution or to the production or, except as 
provided in section 4(g), gathering of natural gas.

           *       *       *       *       *       *       *


         RATES AND CHARGES; SCHEDULES; SUSPENSION OF NEW RATES

  Sec. 4. (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

                              ----------                              


       SECTION 553 OF THE NATIONAL ENERGY CONSERVATION POLICY ACT

SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Specific Products.--(1) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

                              ----------                              


ENERGY POLICY AND CONSERVATION ACT

           *       *       *       *       *       *       *


TITLE I--MATTERS RELATED TO DOMESTIC SUPPLY AVAILABILITY

           *       *       *       *       *       *       *


Part B--Strategic Petroleum Reserve

           *       *       *       *       *       *       *


                DRAWDOWN AND SALE OF PETROLEUM PRODUCTS

  Sec. 161. (a) * * *

           *       *       *       *       *       *       *

  (e)(1) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


               Part D--Northeast Home Heating Oil Reserve

                             ESTABLISHMENT

  Sec. 181. (a) Notwithstanding any other provision of this 
Act, the Secretary may establish, maintain, and operate in the 
Northeast a 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. A 
Reserve established under this part shall contain no more than 
[2 million barrels] 5 million barrels of petroleum distillate.

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

                              ----------                              


 ADDITIONAL VIEWS OF REPRESENTATIVES GENE GREEN AND CHARLES A. GONZALEZ

    We opposed H.R. 3893, the ``Gasoline for America's Security 
Act of 2005'', because it would do little if anything to solve 
the energy problems highlighted by Hurricanes Katrina and Rita. 
In addition, the flawed process that brought this bill before 
the Committee is not one that we can endorse as a means to 
produce thoughtful legislation that addresses real problems.
    Refinery capacity is an issue that both Democrats and 
Republicans are properly concerned about and one that the 
Congress should examine thoroughly. Our current capacity 
issues, however, were years in the making and cannot be solved 
by a series of ``quick fixes.'' Sweeping changes to public 
health and environmental laws without the benefit of hearings 
or due legislative process will only lead to the kind of 
protracted and contentious debate that we experienced during 
the Committee markup--without addressing the real need to 
increase refinery capacity.
    With regard to the high gasoline prices the Nation saw 
after Hurricane Katrina, H.R. 3893, as amended during the 
markup, purports to address part of the problem through a 
price-gouging provision of dubious merit that would represent a 
rollback of some of the existing authorities of the Federal 
Trade Commission. This is hardly a position that we can 
support.
    Democrats offered a sensible substitute during the markup 
that addressed price-gouging and refinery capacity, and we 
would be willing to work with our Republican colleagues to 
perfect that legislation. But we did not support H.R. 3893, or 
the process that produced it.

                                   Gene Green.
                                   Charles A. Gonzalez.

                            DISSENTING VIEWS

                              ----------                              


 DISSENTING VIEWS OF REPRESENTATIVES JOHN D. DINGELL, HENRY A. WAXMAN, 
  EDWARD J. MARKEY, RICK BOUCHER, EDOLPHUS TOWNS, FRANK PALLONE, JR., 
SHERROD BROWN, BART GORDON, BOBBY L. RUSH, ANNA G. ESHOO, BART STUPAK, 
  ELIOT L. ENGEL, ALBERT R. WYNN, TED STRICKLAND, DIANA DeGETTE, LOIS 
CAPPS, MICHAEL F. DOYLE, TOM ALLEN, JIM DAVIS, JAN SCHAKOWSKY, HILDA L. 
            SOLIS, JAY INSLEE, TAMMY BALDWIN, AND MIKE ROSS

    We oppose H.R. 3893, the ``Gasoline for America's Security 
Act of 2005''. The bill will do nothing to lower gasoline and 
other fuel prices. It will do nothing to deal with the problems 
found in the aftermath of Hurricanes Katrina and Rita. Despite 
new regulatory subsidies to a refining industry making record 
profits, it is unlikely to increase refinery capacity. It 
includes a panoply of unrelated provisions, mainly designed to 
reduce public health and environmental protections. And all of 
this was done through a deeply flawed process that included no 
legislative hearings and limited time for consideration.
    We offered an answer to the awful rise in gasoline prices 
and the projected increases in home heating oil, natural gas, 
and propane prices this winter, as well as dealing with 
refinery problems identified in the wake of hurricanes. 
Unfortunately our alternative was defeated on a straight party-
line vote.
The bill will do nothing to deal with high gasoline and other fuel 
        prices
    The only provision in the bill which even purports to deal 
with high gasoline prices is totally ineffective and represents 
a rollback of some of the existing authorities of the Federal 
Trade Commission (FTC). The so-called price gouging provision 
appears directed toward small gas station owners. According to 
a recent analysis of price increases at the pump published in 
the Washington Post, however, margins at gas stations increased 
by less than one cent per gallon, less than a 5 percent 
increase.
    The major increase in prices at the pump were at the 
refinery level, where gasoline prices have increased by 71 
cents, or 255 percent. While there is some question over 
whether the bill's provisions even cover these refineries, the 
bill's penalty provisions ensure that its provisions are 
meaningless.
    In the first known case of a legislative provision limiting 
the court's ability to calculate civil penalties for a 
violation of the FTC Act, the bill limits penalties to any 
person for price gouging to $11,000 per day. So even if a 
company such as Exxon Mobil, with profits in the last quarter 
of $7.62 billion (or more than $84 million per day), the 
maximum find would be $11,000 per day, less than one-hundredth 
of one percent of profits.
    The provision lacks real enforcement authority since it 
does not allow for state attorneys general to enforce the 
Federal law. Nor does it make market manipulation a cause of 
action. Finally, the provision fails to cover other fuels. The 
Energy Information Administration (EIA) has forecast natural 
gas prices to rise by 71 percent in the Midwest but natural 
gas, along with home heating oil and propane, are not even 
covered under the proposal.
Despite new subsidies to a refining industry making record profits, it 
        is unlikely to increase refinery capacity
    The bill resurrects some old proposals that were discarded 
in the recently passed Energy Policy Act of 2005, adds some new 
subsidies to oil companies, and repeals some provisions of the 
recently passed Act. All of the proposals are based upon an 
unproven and flawed assumption that environmental laws have 
thwarted the building of refineries.
    The bill's refinery provisions provide a new fast track 
authority for permitting refineries that removes court 
decisions from State or local district courts to the Federal 
Court of Appeals in the District of Columbia. The standard for 
judicial review appears to permit the overturning of State or 
Federal actions to block refinery siting, but does not appear 
to provide for the overturning of actions that permit refinery 
siting. In addition, the bill provides a new ``regulatory 
insurance subsidy'' that could put taxpayers on the hook for 
unlimited damages if a refinery is stalled in litigation or 
must meet new regulatory standards. The bill would give away 
Federal lands and closed military bases to oil companies to 
build refineries, without allowing any public input. The bill 
even has a provision that would require litigants, such as 
States and localities, to pay for the oil company's litigation 
costs should the company prevail in a lawsuit, but would not 
provide for the company to pay the opponents of a refinery its 
costs even if they successfully prove that the refinery siting 
violates Federal law.
    While the Committee has never held hearings on these 
proposals, or conducted any serious investigations into the 
reasons the oil industry has closed more than 30 refineries in 
the past three decades, most evidence, including studies by the 
Government Accountability Office (GAO), suggests that the 
reasons relate to economic considerations, not environmental 
laws. In the only case of a company seeking a new refinery (in 
Arizona), a permit was granted in 1992, but the company chose 
not to build on the site for financial reasons. After taking no 
action for nearly 10 years, the company submitted a new permit 
application and then decided to move to a new site. After 
submitting its last permit application in July of 2004, the 
company was awarded a permit by the Environmental Protection 
Agency (EPA) in less than a year.
    It appears that a more likely answer, found both by GAO and 
other investigations, is that refinery margins were 
traditionally low, and by removing capacity from the market, 
margins could grow. We know that refinery margins are now at an 
all-time high, and new regulatory subsidies and special 
treatment for this industry are at best a dubious policy.
    We are also particularly concerned by a provision of the 
bill that would allow the President to designate closed 
military sites for use as a refinery. The provision provides no 
opportunity for public input into the decision. At a minimum, 
it could preclude a localcommunity from making decisions to 
transform the site into an economically useful area for at least an 
additional two years.
    On September 14, 2005, Ranking Member Dingell sent a letter 
to EPA about how the provisions of the Energy Policy Act of 
2005 to coordinate permitting of refineries were working, but 
no response was provided. We may never find out, because the 
bill even repeals these provisions. He also sent a letter on 
September 15, 2005, to Secretary of Energy Bodman requesting 
information on the status of the 30 refineries that have been 
closed over the past 10 years, as well as an analysis of which 
closed military bases, if any, were suitable for a refinery. 
This letter too remains unanswered.
    In short, the bill heaps large new subsidies on industry in 
the form of regulatory relief without any record that these 
provisions will work, and without any record on whether the 
recently enacted law already solves perceived problems.

The bill includes a panoply of unrelated provisions, mainly designed to 
        reduce environmental protection

    The bill inappropriately uses the catastrophes of 
Hurricanes Katrina and Rita to enact changes to environmental 
and other laws that are totally unrelated to either high fuel 
prices or damages from the hurricanes.
    Among the provisions of the bill is a codification of the 
Administration's controversial New Source Review regulations, 
with an expansion to cover all industries, not just energy 
industries. Another provision known as ``bump-up'' relates to 
delays in compliance under the Clean Air Act. Other provisions 
change the regulation over natural gas offshore gathering 
pipelines. Another provision arbitrarily establishes a limit on 
six types of gasoline and diesel.
    Regardless of our views of the merits of any of these 
provisions, none has been subjected to serious consideration in 
hearings in this committee. Repeated questions of counsel on 
these provisions indicated a lack of full understanding of the 
implications of these provisions, or even in some cases, the 
rationale.

The bill is a product of a deeply-flawed process that included no 
        legislative hearings and limited time for consideration

    Were this emergency legislation, such as near term help for 
the hurricane victims, we would be ready to act quickly. This 
bill, however, is not such a bill, a fact conceded by the 
chairman when he stated during debate that this legislation 
``is also a generic energy bill.'' No matter what you label it, 
the impacts on such matters as energy supplies and refinery 
construction would likely be a decade or more away.
    Unfortunately, the bill was considered under a lightning 
fast process that did not include a single legislative hearing. 
The bill was unveiled on Friday night at 10:00 p.m., leaving 
Members two business days to evaluate it, and formulate 
amendments, prior to its consideration on Wednesday. Ranking 
Member Dingell along with Subcommittee Ranking Members Boucher 
and Solis requested legislative hearings on the matter, but the 
request was ignored.
    At the Wednesday markup Members were informed that the 
markup would consist of just a single day. The markup began at 
8:00 a.m. and continued until midnight. During the course of 
the markup Members asked questions concerning the provisions of 
the bill that could not be answered.
    If for no other reason, this bill should be rejected for 
its utter lack of a legislative record.

Despite the lack of time for consideration of the bill, we offered a 
        thoughtful alternative that addressed the problems of high fuel 
        prices and refinery problems identified in the aftermath of the 
        hurricanes

    The Democratic substitute for the first time gave explicit 
authority to the FTC to stop price gouging, not just for 
gasoline and diesel, but for natural gas, home heating oil, and 
propane. The substitute provided for enhanced civil penalties 
equal to three times the amount of unjust profits gained or up 
to $3 million. Penalties would be put toward the Low-Income 
Home Energy Assistance Program. Market manipulation would be 
explicitly outlawed. State attorneys general would be empowered 
to enforce the Federal law. The provision explicitly allowed 
State price gouging laws to continue in effect. In addition, 
the substitute called for the FTC to set rules for market 
transparency, and to protect the public from anti-competitive 
behavior. The Secretary of Energy would be directed to review 
preparedness of the oil industry for natural disasters, 
terrorist attacks, and other supply disruptions.
    The Democratic substitute also responded to a real problem 
revealed by the hurricanes. The Strategic Petroleum Reserve 
(SPR), designed to protect us from an energy supply disruption, 
was of limited use due to the damage to refineries to process 
the crude oil. The substitute would establish a Strategic 
Refinery Reserve (SRR) patterned after the SPR. The Secretary 
of Energy would be directed to establish the SRR either by 
building new refineries or reopening previously closed 
facilities. The SRR would be designed to produce 5 percent of 
the demand for gasoline.
    During normal times the SRR would operate to meet the needs 
of the Federal fleet, including the Department of Defense. 
During supply disruptions the refined products would be made 
available for public consumption. The SRR would ensure that 
Federal fleet and military needs would be met at all times; 
ramping up to full production would be eased by keeping the 
refineries operating at a reduced level at all times; and 
production for the Federal uses would free up additional 
supply, decreasing price pressures.
    The Democratic substitute was defeated on a straight party-
line vote.

Conclusion

    H.R. 3893 should be defeated. It is the product of a flawed 
process, will not alleviate high prices at the pump or heating 
costs in the winter, and will not provide the reserve refining 
capacity that the hurricanes showed is badly needed. It 
represents an attempt by the bill's proponents to use the 
tragedy of the hurricanes to rush through an agenda unrelated 
to the problems those hurricanes posed and implicating key 
public health and environmental protections. The Democratic 
alternative would provide relief to consumers and protection 
against future supply disruptions, but it fell victim to the 
Republican agenda.

                                   John D. Dingell.
                                   Henry A. Waxman.
                                   Edward J. Markey.
                                   Rick Boucher.
                                   Ed Towns.
                                   Frank Pallone, Jr.
                                   Sherrod Brown.
                                   Bart Gordon.
                                   Bobby Rush.
                                   Anna G. Eshoo.
                                   Bart Stupak.
                                   Eliot L. Engel.
                                   Albert R. Wynn.
                                   Ted Strickland.
                                   Diana DeGette.
                                   Lois Capps.
                                   Michael Doyle.
                                   Tom Allen.
                                   Jim Davis.
                                   Jan Schakowsky.
                                   Hilda L. Solis.
                                   Jay Inslee.
                                   Tammy Baldwin.
                                   Mike Ross.