Reserving Energy For Independence and Empowerment Act or the REFINE Act
This bill sets forth provisions to limit the sale and export of petroleum products from the Strategic Petroleum Reserve (SPR), increase energy production from energy producers in the United States, and make related requirements.
Specifically, the bill requires the Department of Energy (DOE) to issue regulations prohibiting the export of petroleum products (e.g., crude oil) sold from the SPR to (1) any country that is subject to a U.S. arms embargo as specified by the bill, (2) any country that is a state sponsor of terrorism, and (3) any entity that is owned by China.
Before DOE may sell, exchange, or loan crude oil from the SPR, DOE must first develop a plan to increase the percentage of federal land (including submerged land of the Outer Continental Shelf) leased for oil and gas production by the same percentage as the percentage of petroleum in the SPR that is to be drawn down.
In addition, the President must rescind the Executive Order titled Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis.
The President must also direct federal agencies to (1) identify and repeal any of their regulations that have the intent or effect of substantially reducing the energy independence of the United States, and (2) issue regulations and guidance to reduce the regulatory burden for energy producers in the United States and to increase the energy output by those producers.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8766 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8766
To require the Secretary of Energy to conduct studies relating to
Strategic Petroleum Reserve levels, to amend the Energy Policy and
Conservation Act with respect to such Reserve, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 2, 2022
Mr. Chabot introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, Natural Resources, and Oversight and
Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the Secretary of Energy to conduct studies relating to
Strategic Petroleum Reserve levels, to amend the Energy Policy and
Conservation Act with respect to such Reserve, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reserving Energy For Independence
and Empowerment Act'' or the ``REFINE Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The Strategic Petroleum Reserve was created through the
Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.) to
address ``severe energy supply interruptions'' and provided the
executive branch authority to draw down these reserves provided
that specific conditions are met.
(2) According to the U.S. Energy Information
Administration's Annual Energy Outlook 2022, petroleum and
natural gas will remain the most-consumed sources of energy in
the United States through 2050.
(3) As of August 19, 2022, the Strategic Petroleum Reserve
fell to 453.1 million barrels, from a maximum capacity of 714
million barrels, which is the lowest level since 1985.
(4) Emergency sales in 2022 from the Strategic Petroleum
Reserve were purchased by Unipec, a subsidiary of Chinese oil
giant Sinopec, and delivered to the People's Republic of China,
the principle strategic competitor to the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) continuing to limit energy production in the United
States will only provide further leverage and funding for our
adversaries and continue to weaken global security; and
(2) the energy independence of the United States is
critical to national security and should include the production
of all available energy sources, including coal, natural gas,
oil, nuclear, and renewables, as well as strategic minerals
critical to electric vehicles and other clean energy sources.
SEC. 3. STRATEGIC PETROLEUM RESERVE LEVELS AND EMERGENCY SALES.
(a) Studies and Assessment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing--
(A) the results of a study of metrics that may be
used for determining the adequacy of the amounts of
petroleum products stored in the Strategic Petroleum
Reserve to support United States energy security
objectives, taking into consideration gross crude oil
imports, net crude oil imports, and refining capacity
and utilization, and a determination of which such
metrics are the most appropriate for such purpose;
(B) the results of a study and analysis of domestic
crude oil refining capacity (including technical
configuration of refineries, downstream charge
capacity, and atmospheric crude distillation units) and
issues relating to aging infrastructure that would
inhibit the ability to meet production demand, and any
recommendations for improvements; and
(C) an assessment of acquisition procedures and
identification of any provisions of Federal law or
regulation that either limit or prohibit accelerated
replenishment of the Strategic Petroleum Reserve
necessary to maintain and support United States energy
security objectives.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(b) Prohibition.--
(1) In general.--The Energy Policy and Conservation Act is
amended by inserting after section 163 (42 U.S.C. 6243) the
following:
``SEC. 164. PROHIBITION ON EXPORTS.
``(a) In General.--Notwithstanding section 101(b) of division O of
the Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a(b)), the
Secretary shall issue regulations prohibiting the export of petroleum
products drawn down and sold from the Strategic Petroleum Reserve to--
``(1) any country that is--
``(A) subject to a United States arms embargo, as
specified in list D:5 of Country Group D in Supplement
No. 1 to part 740 of title 15, Code of Federal
Regulations; or
``(B) a state sponsor of terrorism; and
``(2) any entity that is wholly or partially owned by the
People's Republic of China.
``(b) Definition.--In this section, the term `state sponsor of
terrorism' means a country the government of which has repeatedly
provided support for international terrorism pursuant to--
``(1) section 1754(c)(1)(A) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A));
``(2) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(3) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
``(4) any other applicable provision of law.''.
(2) Conforming amendments.--
(A) Drawdown and sale of petroleum products.--
Section 161(a) of the Energy Policy and Conservation
Act (42 U.S.C. 6241(a)) is amended by inserting ``and
section 164'' before the period at the end.
(B) Clerical amendment.--The table of contents for
the Energy Policy and Conservation Act is amended by
inserting after the item relating to section 163 the
following:
``Sec. 164. Prohibition on exports.''.
SEC. 4. DOMESTIC PRODUCTION RESPONSE PLAN.
Section 161 of the Energy Policy and Conservation Act (42 U.S.C.
6241) is amended by adding at the end the following:
``(k) Plan.--
``(1) In general.--Except in the case of a severe energy
supply interruption described in subsection (d), the Secretary
may not execute the first drawdown of petroleum products in the
Reserve after the date of enactment of this subsection, whether
through sale, exchange, or loan, until the Secretary has
developed a plan to increase the percentage of Federal land
(including submerged land of the outer Continental Shelf) under
the jurisdiction of the Secretary of Agriculture, the Secretary
of Energy, the Secretary of the Interior, and the Secretary of
Defense leased for oil and gas production by the same
percentage as the percentage of petroleum in the Strategic
Petroleum Reserve that is to be drawn down in that first
drawdown and subsequent drawdowns.
``(2) Consultation.--The Secretary shall prepare the plan
under paragraph (1) in consultation with the Secretary of
Agriculture, the Secretary of the Interior, and the Secretary
of Defense.''.
SEC. 5. EXECUTIVE AND AGENCY ACTION.
On the date of enactment of this Act, the President shall--
(1) rescind Executive Order 13990 (86 Fed. Reg. 7037;
relating to protecting public health and the environment and
restoring science to tackle the climate crisis); and
(2) direct each Federal agency (including the Council on
Environmental Quality) to, not later than 120 days after the
date of enactment of this Act--
(A) identify and repeal any regulation promulgated
by the Federal agency that has the intent or effect of
substantially reducing the energy independence of the
United States; and
(B) issues regulations and guidance to--
(i) reduce the regulatory burden for energy
producers in the United States; and
(ii) increase the energy output by those
producers.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Natural Resources, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Natural Resources, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Natural Resources, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Natural Resources, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Energy.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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