I 118THCONGRESS 1 STSESSION H. R. 432 To lower consumer fuel prices, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY20, 2023 Mr. P ALLONE(for himself, Ms. KUSTER, Mr. TRONE, Ms. SPANBERGER, Ms. C RAIG, and Mr. CROW) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Com- mittee on Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To lower consumer fuel prices, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) S HORTTITLE.—This Act may be cited as the 4 ‘‘Buy Low and Sell High Act’’. 5 (b) T ABLE OFCONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. TITLE I—PETROLEUM RESERVES Sec. 101. Economic Petroleum Reserve. Sec. 102. Establishing Strategic Refined Petroleum Product Reserves. VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 432 IH Sec. 103. Northeast Home Heating Oil Reserve. Sec. 104. SPR Petroleum Account. Sec. 105. Prohibition on certain exports. Sec. 106. Strategic Petroleum Reserve reforms. Sec. 107. Strategic Petroleum Reserve drawdown and sale. Sec. 108. DOE study and plan for delivery of fuel during pipeline disruptions. TITLE II—FUEL DEMAND Sec. 201. State energy transportation plans. Sec. 202. Transportation electrification. Sec. 203. Federal fleets. TITLE III—FUEL SUPPLY Sec. 301. Assistance for Western Hemisphere refineries. TITLE I—PETROLEUM RESERVES 1 SEC. 101. ECONOMIC PETROLEUM RESERVE. 2 (a) E STABLISHMENT.—Section 154 of the Energy 3 Policy and Conservation Act (42 U.S.C. 6234) is amended 4 by adding at the end the following: 5 ‘‘(g) E CONOMICPETROLEUMRESERVE.— 6 ‘‘(1) E STABLISHMENT.—In carrying out sub-7 section (b), the Secretary shall establish and main-8 tain within the Strategic Petroleum Reserve an Eco-9 nomic Petroleum Reserve of up to 350,000,000 bar-10 rels of crude oil. 11 ‘‘(2) S OURCE.—The Economic Petroleum Re-12 serve shall consist of— 13 ‘‘(A) 90,000,000 barrels of crude oil that 14 are stored in the Strategic Petroleum Reserve 15 on the date of enactment of this subsection, less 16 any amounts drawn down and sold under sec-17 tion 161(k) after such date; and 18 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 432 IH ‘‘(B) any crude oil purchased under section 1 160(i).’’. 2 (b) P URCHASES.—Section 160 of the Energy Policy 3 and Conservation Act (42 U.S.C. 6240) is amended by 4 adding at the end the following: 5 ‘‘(i) P URCHASE OFCRUDEOIL FORECONOMICPE-6 TROLEUMRESERVE.— 7 ‘‘(1) I N GENERAL.—For purposes of section 8 154(g), the Secretary may acquire crude oil under 9 this section only by purchase from domestic pro-10 ducers for a contract price of not more than $60 per 11 barrel, in accordance with this subsection. 12 ‘‘(2) I MMEDIATE DELIVERY .—The Secretary 13 may enter into a contract under paragraph (1) at 14 any time for immediate delivery of crude oil. 15 ‘‘(3) F UTURE DELIVERY.— 16 ‘‘(A) A UTHORIZED PERIOD .—During the 17 period that begins on the date of enactment of 18 this subsection and ends on December 31, 19 2024, the Secretary may enter into a contract 20 under paragraph (1) for delivery of crude oil to 21 occur during the period that begins on January 22 1, 2025, and ends on December 31, 2027. 23 ‘‘(B) P RIORITY.—In carrying out subpara-24 graph (A), to the extent there are multiple of-25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 432 IH fers for contracts on equivalent terms, the Sec-1 retary shall give priority to contracts for crude 2 oil produced by wells, including drilled but 3 uncompleted wells, that are minimizing green-4 house gas emissions from activities at such 5 wells, as determined by the Secretary in con-6 sultation with the Administrator of the Envi-7 ronmental Protection Agency. 8 ‘‘(4) F UNDING.—The Secretary may enter into 9 a contract under paragraph (1) using amounts de-10 posited in the SPR Petroleum Account under section 11 167(c)— 12 ‘‘(A) that are attributable to covered re-13 ceipts described in section 167(e)(3)(A); or 14 ‘‘(B) that were appropriated for such pur-15 pose pursuant to section 166. 16 ‘‘(5) A PPLICABILITY OF CERTAIN CONSIDER -17 ATIONS.—The objectives described in subsections 18 (b)(4), (c)(2), and (c)(5) shall not apply to the ac-19 quisition of crude oil pursuant to a contract under 20 paragraph (1).’’. 21 (c) D RAWDOWN AND SALE.—Section 161 of the En-22 ergy Policy and Conservation Act (42 U.S.C. 6241) is 23 amended by adding at the end the following: 24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 432 IH ‘‘(k) DRAWDOWN AND SALEFROMECONOMICPE-1 TROLEUMRESERVE.— 2 ‘‘(1) I N GENERAL.—Notwithstanding subsection 3 (d)(1), the Secretary may draw down and sell crude 4 oil from amounts in the Economic Petroleum Re-5 serve established under section 154(g) at any time 6 the front-month futures price of West Texas Inter-7 mediate crude oil has remained greater than $90 per 8 barrel for at least one week. 9 ‘‘(2) A PPROPRIATIONS.— 10 ‘‘(A) S TATE ENERGY TRANSPORTATION 11 PLANS.—Notwithstanding section 167, there is 12 appropriated to the Secretary of Energy to 13 carry out section 367 an amount equal to $9 14 for each barrel of crude oil sold under this sub-15 section. 16 ‘‘(B) P LUG-IN ELECTRIC DRIVE VEHICLE 17 PROGRAM.—Notwithstanding section 167, there 18 is appropriated to the Secretary of Energy to 19 carry out section 131(b) of the Energy Inde-20 pendence and Security Act of 2007 (42 U.S.C. 21 17011) an amount equal to $2 for each barrel 22 of crude oil sold under this subsection. 23 ‘‘(C) L ARGE-SCALE TRANSPORTATION SEC -24 TOR ELECTRIFICATION PROGRAM .—Notwith-25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 432 IH standing section 167, there is appropriated to 1 the Secretary of Energy to carry out section 2 131(c) of the Energy Independence and Secu-3 rity Act of 2007 (42 U.S.C. 17011) an amount 4 equal to $3 for each barrel of crude oil sold 5 under this subsection. 6 ‘‘(D) A SSISTANCE FOR WESTERN HEMI -7 SPHERE REFINERIES.—Notwithstanding section 8 167, there is appropriated to the Secretary of 9 Energy to carry out section 301 of the Buy 10 Low and Sell High Act an amount equal to $1 11 for each barrel of crude oil sold under this sub-12 section.’’. 13 SEC. 102. ESTABLISHING STRATEGIC REFINED PETROLEUM 14 PRODUCT RESERVES. 15 (a) E STABLISHMENT.—Title I of the Energy Policy 16 and Conservation Act (42 U.S.C. 6234) is amended by 17 adding at the end the following: 18 ‘‘PART E—STRATEGIC REFINED PETROLEUM 19 PRODUCT RESERVES 20 ‘‘SEC. 191. DEFINITIONS. 21 ‘‘In this part: 22 ‘‘(1) D ISTRICT.—The term ‘district’ means, as 23 designated by the Administrator of the Energy In-24 formation Administration— 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 432 IH ‘‘(A) a Petroleum Administration for De-1 fense District; or 2 ‘‘(B) a subdistrict of a Petroleum Adminis-3 tration for Defense District. 4 ‘‘(2) N ETWORK.—The term ‘network’ means 5 the network of Strategic Refined Petroleum Product 6 Reserves established under this part. 7 ‘‘(3) R ESERVE.—The term ‘Reserve’ means a 8 Strategic Refined Petroleum Product Reserve estab-9 lished under this part. 10 ‘‘SEC. 192. ESTABLISHMENT. 11 ‘‘(a) I NGENERAL.—Notwithstanding any other pro-12 vision of this Act, the Secretary shall establish, maintain, 13 and operate a national network of Strategic Refined Pe-14 troleum Product Reserves. 15 ‘‘(b) L OCATIONS.—In carrying out subsection (a), the 16 Secretary shall establish, maintain, and operate at least 17 one Reserve in each district. 18 ‘‘(c) C APACITY.—Each Reserve shall have the capac-19 ity to contain at least 4,000,000 barrels of gasoline and 20 2,000,000 barrels of diesel fuel, and the network shall 21 have the capacity to contain up to 250,000,000 barrels 22 of gasoline and diesel fuel. 23 ‘‘(d) R ELATIONSHIP TOSPR ANDNORTHEASTHOME 24 H EATINGOILRESERVE.—A Reserve established under 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 432 IH this part is not a component of the Strategic Petroleum 1 Reserve established under part B of this title or the 2 Northeast Home Heating Oil Reserve established under 3 part D of this title. 4 ‘‘SEC. 193. AUTHORITY. 5 ‘‘To the extent necessary or appropriate to carry out 6 this part, the Secretary may— 7 ‘‘(1) purchase, contract for, lease, or otherwise 8 acquire, in whole or in part, storage and related fa-9 cilities, and storage services; 10 ‘‘(2) use, lease, maintain, sell, or otherwise dis-11 pose of storage and related facilities acquired under 12 this part; 13 ‘‘(3) acquire by purchase, exchange (including 14 exchange of petroleum products from the Strategic 15 Petroleum Reserve or received as royalty from Fed-16 eral lands), lease, or otherwise, gasoline or diesel 17 fuel for storage in a Reserve; 18 ‘‘(4) store gasoline or diesel fuel in facilities not 19 owned by the United States; and 20 ‘‘(5) sell, exchange, or otherwise dispose of gas-21 oline or diesel fuel from a Reserve established under 22 this part, including to maintain the quality or quan-23 tity of the gasoline or diesel fuel in a Reserve or to 24 maintain the operational capability of a Reserve. 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 432 IH ‘‘SEC. 194. CONDITIONS FOR RELEASE. 1 ‘‘(a) G ASOLINERELEASE.—The Secretary may sell 2 gasoline from a Reserve only upon a finding by the Presi-3 dent that there is a severe gasoline supply interruption 4 within the district in which the Reserve is located. Such 5 a finding may be made only if the President determines 6 that— 7 ‘‘(1) a dislocation in the gasoline market has re-8 sulted from such interruption; or 9 ‘‘(2) a circumstance, other than that described 10 in paragraph (1), exists that constitutes a regional 11 gasoline supply shortage of significant scope and du-12 ration and that action taken under this section 13 would assist directly and significantly in reducing 14 the adverse impact of such shortage. 15 ‘‘(b) D IESELRELEASE.—The Secretary may sell die-16 sel fuel from a Reserve only upon a finding by the Presi-17 dent that there is a severe diesel fuel supply interruption 18 within the district in which the Reserve is located. Such 19 a finding may be made only if the President determines 20 that— 21 ‘‘(1) a dislocation in the diesel fuel market has 22 resulted from such interruption; or 23 ‘‘(2) a circumstance, other than that described 24 in paragraph (1), exists that constitutes a regional 25 diesel fuel supply shortage of significant scope and 26 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 432 IH duration and that action taken under this section 1 would assist directly and significantly in reducing 2 the adverse impact of such shortage. 3 ‘‘(c) D EFINITIONS.—For purposes of this section— 4 ‘‘(1) the term ‘covered entity’ means— 5 ‘‘(A) the People’s Republic of China; 6 ‘‘(B) the Democratic People’s Republic of 7 Korea; 8 ‘‘(C) the Russian Federation; 9 ‘‘(D) the Islamic Republic of Iran; 10 ‘‘(E) any other country the government of 11 which is subject to sanctions imposed by the 12 United States; and 13 ‘‘(F) any entity owned, controlled, or influ-14 enced by— 15 ‘‘(i) a country referred to in any of 16 subparagraphs (A) through (F); or 17 ‘‘(ii) the Chinese Communist Party; 18 ‘‘(2) a ‘dislocation in the gasoline market’ shall 19 be deemed to occur only when— 20 ‘‘(A) the price differential between crude 21 oil and finished gasoline, as reflected in an in-22 dustry daily publication, increases by more than 23 50 percent over its 10-year rolling average, and 24 continues for 7 consecutive days; and 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 432 IH ‘‘(B) the price differential continues to in-1 crease during the most recent week for which 2 price information is available; and 3 ‘‘(3) a ‘dislocation in the diesel fuel market’ 4 shall be deemed to occur only when— 5 ‘‘(A) the price differential between crude 6 oil and diesel fuel, as reflected in an industry 7 daily publication, increases by more than 50 8 percent over its 10-year rolling average, and 9 continues for 7 consecutive days; and 10 ‘‘(B) the price differential continues to in-11 crease during the most recent week for which 12 price information is available. 13 ‘‘(d) C ONTINUINGEVALUATION.—The Secretary 14 shall conduct a continuing evaluation of the price data 15 supplied by the Energy Information Administration and 16 data on gasoline and diesel fuel prices from published 17 sources. 18 ‘‘(e) R ELEASE OFPETROLEUMPRODUCTS.—After 19 consultation with the gasoline, diesel fuel, and crude oil 20 refining industries, the Secretary shall determine proce-21 dures governing the release of gasoline and diesel fuel 22 from a Reserve. The procedures shall provide that— 23 ‘‘(1) the Secretary may— 24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 432 IH ‘‘(A) sell gasoline or diesel fuel from a Re-1 serve through a competitive process; or 2 ‘‘(B) enter into exchange agreements for 3 gasoline or diesel fuel that results in the Sec-4 retary receiving a greater volume of gasoline or 5 diesel fuel as repayment than the volume pro-6 vided to the acquirer; 7 ‘‘(2) in all such sales or exchanges, the Sec-8 retary shall receive revenue or its equivalent in gaso-9 line or diesel fuel that provides the Department with 10 fair market value; 11 ‘‘(3) the Secretary shall only sell or dispose of 12 the gasoline or diesel fuel in the Reserve to entities 13 customarily engaged in the sale and distribution of 14 gasoline or diesel fuel; and 15 ‘‘(4) the Secretary shall prohibit the sale or ex-16 port of gasoline or diesel fuel released under this 17 section to a covered entity, except that the Secretary 18 may issue a waiver of such prohibition if the Sec-19 retary certifies that any export or sale authorized 20 pursuant to the waiver is in the national security in-21 terests of the United States. 22 ‘‘(f) P LAN.—Not later than 180 days after the date 23 of the enactment of this section, the Secretary shall trans-24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 432 IH mit to the President and, if the President approves, to 1 the Congress a plan describing— 2 ‘‘(1) the acquisition of storage and related fa-3 cilities or storage services for the network, including 4 the potential use of storage facilities not currently in 5 use; 6 ‘‘(2) the acquisition of gasoline and diesel fuel 7 for storage in the network; 8 ‘‘(3) the anticipated methods of disposition of 9 gasoline and diesel fuel from the network; 10 ‘‘(4) the estimated costs of establishment, main-11 tenance, and operation of the network; 12 ‘‘(5) efforts the Department will take to mini-13 mize any potential need for future drawdowns and 14 ensure that distributors and importers are not dis-15 couraged from maintaining and increasing supplies 16 to the United States; and 17 ‘‘(6) actions to ensure quality of the gasoline 18 and diesel fuel in the network. 19 ‘‘SEC. 195. PROCEEDS FROM SALES. 20 ‘‘The Secretary of the Treasury shall deposit in the 21 SPR Petroleum Account established in the Treasury 22 under section 167 any receipts from the sale, exchange, 23 or other disposition of gasoline or diesel fuel from the net-24 work. 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 14 •HR 432 IH ‘‘SEC. 196. RESTRICTIONS. 1 ‘‘(a) S OURCE.—No gasoline or diesel fuel produced 2 at a refinery located outside of the United States may be 3 stored in a Reserve. 4 ‘‘(b) T IMING.—The Secretary may not purchase gas-5 oline or diesel fuel under this part until 2026.’’. 6 (b) C ONFORMINGAMENDMENTS.— 7 (1) A UTHORIZATION OF APPROPRIATIONS .— 8 Section 166 of the Energy Policy and Conservation 9 Act (42 U.S.C. 6246) is amended by striking ‘‘and 10 part D’’ and inserting ‘‘, part D, and part E’’. 11 (2) C LERICAL AMENDMENT .—The table of con-12 tents for the Energy Policy and Conservation Act is 13 amended in the matter relating to title I by striking 14 the items relating to the second part D (relating to 15 Expiration) and the second section 181 and insert-16 ing the following: 17 ‘‘PARTE—STRATEGICREFINEDPETROLEUMPRODUCTRESERVES ‘‘Sec. 191. Definitions. ‘‘Sec. 192. Establishment. ‘‘Sec. 193. Authority. ‘‘Sec. 194. Conditions for release. ‘‘Sec. 195. Proceeds from sales. ‘‘Sec. 196. Restrictions.’’. SEC. 103. NORTHEAST HOME HEATING OIL RESERVE. 18 (a) S TRENGTHENING THE NORTHEASTHOMEHEAT-19 INGOILRESERVE.—Section 181(a) of the Energy Policy 20 and Conservation Act (42 U.S.C. 6250) is amended by 21 striking ‘‘2 million’’ and inserting ‘‘4 million’’. 22 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 15 •HR 432 IH (b) CONDITIONS FORRELEASE.—Section 183 of the 1 Energy Policy and Conservation Act (42 U.S.C. 6250b) 2 is amended— 3 (1) in subsection (b)— 4 (A) in the subsection heading, by striking 5 ‘‘D EFINITION’’ and inserting ‘‘DEFINITIONS’’; 6 (B) by redesignating paragraphs (1) and 7 (2) as subparagraphs (A) and (B), respectively 8 (and adjusting the margins accordingly); and 9 (C) by striking ‘‘For purposes of this sec-10 tion a ‘dislocation in the heating oil market’’’ 11 and inserting the following: ‘‘For purposes of 12 this section— 13 ‘‘(1) the term ‘covered entity’ means— 14 ‘‘(A) the People’s Republic of China; 15 ‘‘(B) the Democratic People’s Republic of 16 Korea; 17 ‘‘(C) the Russian Federation; 18 ‘‘(D) the Islamic Republic of Iran; 19 ‘‘(E) any other country the government of 20 which is subject to sanctions imposed by the 21 United States; and 22 ‘‘(F) any entity owned, controlled, or influ-23 enced by— 24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 16 •HR 432 IH ‘‘(i) a country referred to in any of 1 subparagraphs (A) through (F); or 2 ‘‘(ii) the Chinese Communist Party; 3 and 4 ‘‘(2) a ‘dislocation in the heating oil market’’’; 5 and 6 (2) in subsection (d)— 7 (A) in paragraph (2), by striking ‘‘; and’’ 8 and inserting a semicolon; 9 (B) in paragraph (3), by striking the pe-10 riod at the end and inserting ‘‘; and’’; and 11 (C) by adding at the end the following: 12 ‘‘(4) the Secretary shall prohibit the sale or ex-13 port of petroleum distillate released under this sec-14 tion to a covered entity, except that the Secretary 15 may issue a waiver of such prohibition if the Sec-16 retary certifies that any export or sale authorized 17 pursuant to the waiver is in the national security in-18 terests of the United States.’’. 19 (c) P ROCEEDSFROMSALES.— 20 (1) I N GENERAL.—Section 184 of the Energy 21 Policy and Conservation Act (42 U.S.C. 6250c) is 22 amended to read as follows: 23 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 17 •HR 432 IH ‘‘SEC. 184. PROCEEDS FROM SALES. 1 ‘‘The Secretary of the Treasury shall deposit in the 2 SPR Petroleum Account established in the Treasury 3 under section 167 any receipts from the sale, exchange, 4 or other disposition of petroleum distillate from the Re-5 serve.’’. 6 (2) C LERICAL AMENDMENT .—The table of con-7 tents for the Energy Policy and Conservation Act is 8 amended by striking the item relating to section 184 9 and inserting the following: 10 ‘‘184. Proceeds from sales.’’. (d) ELIMINATION OFLIMITATION.—Title III of the 11 Energy and Water Development and Related Agencies Ap-12 propriations Act, 2012 (division B of the Consolidated Ap-13 propriations Act, 2012 (Public Law 112–74; 125 Stat. 14 869)), is amended, under the Northeast Home Heating 15 Oil Reserve account, by striking ‘‘: Provided further, That 16 notwithstanding section 181 of the Energy Policy and 17 Conservation Act (42 U.S.C. 6250), for fiscal year 2012 18 and hereafter, the Reserve shall contain no more than 1 19 million barrels of petroleum distillate’’. 20 SEC. 104. SPR PETROLEUM ACCOUNT. 21 (a) I NGENERAL.—Section 167 of the Energy Policy 22 and Conservation Act (42 U.S.C. 6247) is amended— 23 (1) in subsection (b)— 24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 18 •HR 432 IH (A) by striking ‘‘the acquisition, transpor-1 tation, and injection of petroleum products into 2 the Strategic Petroleum Reserve, for test sales 3 of petroleum products from the Reserve, and 4 for the drawdown, sale, and delivery of petro-5 leum products from the Reserve’’ and inserting 6 ‘‘covered activities’’; and 7 (B) in paragraph (3), by striking ‘‘the re-8 ceipts to the United States from the sale of pe-9 troleum products in any drawdown and dis-10 tribution of the Strategic Petroleum Reserve 11 under section 161, including a drawdown and 12 distribution carried out under subsection (g) of 13 such section, or from the sale of petroleum 14 products under section 160(f)’’ and inserting 15 ‘‘covered receipts’’; 16 (2) in subsection (d), by striking ‘‘the sale of 17 petroleum products in any drawdown and distribu-18 tion of the Strategic Petroleum Reserve under sec-19 tion 161, including a drawdown and distribution car-20 ried out under subsection (g) of such section, and 21 from the sale of petroleum products under section 22 160(f)’’ and inserting ‘‘covered sales’’; and 23 (3) by adding at the end the following: 24 ‘‘(e) D EFINITIONS.—In this section: 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 19 •HR 432 IH ‘‘(1) COVERED ACTIVITY.—The term ‘covered 1 activity’ means— 2 ‘‘(A) the acquisition, transportation, and 3 injection of petroleum products into the Stra-4 tegic Petroleum Reserve; 5 ‘‘(B) the sale of petroleum products in any 6 drawdown and distribution of the Strategic Pe-7 troleum Reserve under section 161, including a 8 drawdown and distribution carried out under 9 subsection (g) of such section; 10 ‘‘(C) the sale of petroleum products under 11 section 160(f); 12 ‘‘(D) an activity under part D; and 13 ‘‘(E) an activity under part E. 14 ‘‘(2) C OVERED SALE.—The term ‘covered sale’ 15 means— 16 ‘‘(A) the sale of petroleum products in any 17 drawdown and distribution of the Strategic Pe-18 troleum Reserve under section 161, including a 19 drawdown and distribution carried out under 20 subsection (g) of such section; 21 ‘‘(B) the sale of petroleum products under 22 section 160(f); 23 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 20 •HR 432 IH ‘‘(C) the sale, exchange, or other disposi-1 tion of petroleum distillate from the Northeast 2 Home Heating Oil Reserve; and 3 ‘‘(D) the sale, exchange, or other disposi-4 tion of gasoline or diesel fuel from a Strategic 5 Refined Petroleum Product Reserve. 6 ‘‘(3) C OVERED RECEIPTS.—The term ‘covered 7 receipts’ means— 8 ‘‘(A) receipts to the United States from 9 the sale of petroleum products in any drawdown 10 and distribution of the Strategic Petroleum Re-11 serve under section 161 (including a drawdown 12 and distribution carried out under subsection 13 (g) of such section), less amounts equal to any 14 amounts appropriated by subsection (k)(2) of 15 such section; 16 ‘‘(B) receipts to the United States from 17 the sale of petroleum products under section 18 160(f); 19 ‘‘(C) receipts to the United States from 20 the sale, exchange, or other disposition of petro-21 leum distillate from the Northeast Home Heat-22 ing Oil Reserve; and 23 ‘‘(D) receipts to the United States from 24 the sale, exchange, or other disposition of gaso-25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 21 •HR 432 IH line or diesel fuel from a Strategic Refined Pe-1 troleum Product Reserve.’’. 2 (b) T RANSFER OFFUNDS.—The assets and liabilities 3 of the Northeast Home Heating Oil Reserve Account es-4 tablished in the Treasury under section 184 of the Energy 5 Policy and Conservation Act (42 U.S.C. 6250c), as in ef-6 fect on the day before the date of enactment of this Act, 7 are hereby transferred to the SPR Petroleum Account es-8 tablished in the Treasury under section 167 of the Energy 9 Policy and Conservation Act (42 U.S.C. 6247), and such 10 Northeast Home Heating Oil Reserve Account is hereby 11 abolished. 12 SEC. 105. PROHIBITION ON CERTAIN EXPORTS. 13 (a) I NGENERAL.—The Energy Policy and Conserva-14 tion Act is amended by inserting after section 163 (42 15 U.S.C. 6243) the following: 16 ‘‘SEC. 164. PROHIBITION ON CERTAIN EXPORTS. 17 ‘‘(a) I NGENERAL.—The Secretary shall prohibit the 18 export or sale of petroleum products drawn down from the 19 Strategic Petroleum Reserve, under any provision of law, 20 to— 21 ‘‘(1) the People’s Republic of China; 22 ‘‘(2) the Democratic People’s Republic of 23 Korea; 24 ‘‘(3) the Russian Federation; 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 22 •HR 432 IH ‘‘(4) the Islamic Republic of Iran; 1 ‘‘(5) any other country the government of which 2 is subject to sanctions imposed by the United States; 3 and 4 ‘‘(6) any entity owned, controlled, or influenced 5 by— 6 ‘‘(A) a country referred to in any of para-7 graphs (1) through (5); or 8 ‘‘(B) the Chinese Communist Party. 9 ‘‘(b) W AIVER.—The Secretary may issue a waiver of 10 the prohibition described in subsection (a) if the Secretary 11 certifies that any export or sale authorized pursuant to 12 the waiver is in the national security interests of the 13 United States. 14 ‘‘(c) R ULE.—Not later than 60 days after the date 15 of enactment of the Buy Low and Sell High Act, the Sec-16 retary shall issue a rule to carry out this section.’’. 17 (b) C ONFORMINGAMENDMENTS.— 18 (1) D RAWDOWN AND SALE OF PETROLEUM 19 PRODUCTS.—Section 161(a) of the Energy Policy 20 and Conservation Act (42 U.S.C. 6241(a)) is 21 amended by inserting ‘‘and section 164’’ before the 22 period at the end. 23 (2) C LERICAL AMENDMENT .—The table of con-24 tents for the Energy Policy and Conservation Act is 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 23 •HR 432 IH amended by inserting after the item relating to sec-1 tion 163 the following: 2 ‘‘Sec. 164. Prohibition on certain exports.’’. SEC. 106. STRATEGIC PETROLEUM RESERVE REFORMS. 3 (a) U SE OFUNDERUTILIZED STRATEGICPETRO-4 LEUMRESERVEFACILITIES.—Section 168 of the Energy 5 Policy and Conservation Act (42 U.S.C. 6247a) is amend-6 ed to read as follows: 7 ‘‘SEC. 168. USE OF UNDERUTILIZED FACILITIES. 8 ‘‘(a) A UTHORITY.—Notwithstanding any other provi-9 sion of this title, the Secretary may establish and carry 10 out a program to lease underutilized Strategic Petroleum 11 Reserve storage facilities and related facilities to the pri-12 vate sector, or a foreign government or its representative. 13 Petroleum products stored under this section are not part 14 of the Strategic Petroleum Reserve. 15 ‘‘(b) P ROTECTION OF FACILITIES.—Any lease en-16 tered into under the program established under subsection 17 (a) shall contain provisions providing for fees to fully com-18 pensate the United States for all related costs of storage 19 and removals of petroleum products (including the propor-20 tionate cost of replacement facilities necessitated as a re-21 sult of any withdrawals) incurred by the United States 22 as a result of such lease. 23 ‘‘(c) A CCESS BY THE UNITEDSTATES.—The Sec-24 retary shall ensure that leasing of facilities under the pro-25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 24 •HR 432 IH gram established under subsection (a) does not impair the 1 ability of the United States to withdraw, distribute, or sell 2 petroleum products from the Strategic Petroleum Reserve 3 in response to an energy emergency or to the obligations 4 of the United States under the Agreement on an Inter-5 national Energy Program. 6 ‘‘(d) N ATIONALSECURITY.—The Secretary shall en-7 sure that leasing of facilities under the program estab-8 lished under subsection (a) to a foreign government or its 9 representative will not impair national security. 10 ‘‘(e) D EPOSITS OFAMOUNTSRECEIVED.— 11 ‘‘(1) I N GENERAL.—Except as provided in para-12 graph (2), amounts received through the leasing of 13 facilities under the program established under sub-14 section (a) shall be deposited in the SPR Petroleum 15 Account established in the Treasury under section 16 167 during the fiscal year in which such amounts 17 are received. 18 ‘‘(2) C OSTS.—The Secretary may use for costs 19 described in subsection (b) (other than costs de-20 scribed in subsection (f)), without further appropria-21 tion, amounts received through the leasing of facili-22 ties under the program established under subsection 23 (a). 24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 25 •HR 432 IH ‘‘(f) PREPARATION OF FACILITIES.—The Secretary 1 shall only use amounts available in the Energy Security 2 and Infrastructure Modernization Fund established by 3 section 404 of the Bipartisan Budget Act of 2015 for costs 4 described in subsection (b) of this section that relate to 5 addition of facilities or changes to facilities or facility op-6 erations necessary to lease such facilities, including costs 7 related to acquisition of land, acquisition of ancillary fa-8 cilities and equipment, and site development, and other 9 necessary costs related to capital improvement.’’. 10 (b) P ILOTPROGRAMTOLEASESTRATEGICPETRO-11 LEUMRESERVES.— 12 (1) I N GENERAL.—Part B of title I of the En-13 ergy Policy and Conservation Act (42 U.S.C. 6231 14 et seq.) is amended by adding at the end the fol-15 lowing: 16 ‘‘SEC. 170. PILOT PROGRAM TO LEASE STORAGE AND RE-17 LATED FACILITIES. 18 ‘‘(a) E STABLISHMENT.—In carrying out section 168 19 and not later than 180 days after the date of enactment 20 of this section, the Secretary shall establish and carry out 21 a pilot program to make available for lease— 22 ‘‘(1) capacity for storage of up to 200,000,000 23 barrels of petroleum products at Strategic Petroleum 24 Reserve storage facilities; and 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 26 •HR 432 IH ‘‘(2) related facilities. 1 ‘‘(b) C ONTENTS.—In carrying out the pilot program 2 established under subsection (a), the Secretary shall— 3 ‘‘(1) identify appropriate Strategic Petroleum 4 Reserve storage facilities and related facilities to 5 lease, in order to make maximum use of such facili-6 ties; 7 ‘‘(2) identify and implement any changes to fa-8 cilities or facility operations necessary to so lease 9 such facilities, including any such changes necessary 10 to ensure the long-term structural viability and use 11 of the facilities for purposes of this part and part C; 12 ‘‘(3) make such facilities available for lease; and 13 ‘‘(4) identify environmental effects, including 14 benefits, of leasing storage facilities and related fa-15 cilities. 16 ‘‘(c) R EPORT.—Not later than 1 year after the date 17 of enactment of this section, the Secretary shall submit 18 to Congress a report on the status of the pilot program 19 established under subsection (a).’’. 20 (2) C ONFORMING AMENDMENT .—The table of 21 contents for the Energy Policy and Conservation Act 22 is amended by adding after the item relating to sec-23 tion 169 the following: 24 ‘‘Sec. 170. Pilot program to lease storage and related facilities.’’. VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6211 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 27 •HR 432 IH SEC. 107. STRATEGIC PETROLEUM RESERVE DRAWDOWN 1 AND SALE. 2 (a) R ECONCILIATION ON THE BUDGET FORFISCAL 3 Y EAR2018.—Section 20003(a) of Public Law 115–97 4 (131 Stat. 2237) is amended— 5 (1) in paragraph (1), by striking ‘‘during the 6 period of fiscal years 2026 through 2027’’ and in-7 serting ‘‘by the end of fiscal year 2027’’; and 8 (2) by adding at the end the following: 9 ‘‘(3) T IMING.—In determining the timing of 10 each drawdown and sale from the Strategic Petro-11 leum Reserve under this section, to the maximum 12 extent practicable, the Secretary shall maximize the 13 financial return to the United States taxpayers.’’. 14 (b) A MERICA’SWATERINFRASTRUCTURE ACT OF 15 2018.—Section 3009(a) of America’s Water Infrastruc-16 ture Act of 2018 (Public Law 115–270; 132 Stat. 3870) 17 is amended— 18 (1) in paragraph (1), by striking ‘‘during’’ and 19 inserting ‘‘by the end of’’; and 20 (2) by adding at the end the following: 21 ‘‘(3) T IMING.—In determining the timing of 22 each drawdown and sale from the Strategic Petro-23 leum Reserve under this section, to the maximum 24 extent practicable, the Secretary shall maximize the 25 financial return to the United States taxpayers.’’. 26 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 28 •HR 432 IH (c) INFRASTRUCTURE INVESTMENT AND JOBS 1 A CT.—Section 90002(a) of the Infrastructure Investment 2 and Jobs Act (Public Law 117–58; 135 Stat. 1342) is 3 amended— 4 (1) in paragraph (1), by striking ‘‘during the 5 period of fiscal years 2028 through 2031’’ and in-6 serting ‘‘by the end of fiscal year 2032’’; and 7 (2) by amending paragraph (2) to read as fol-8 lows: 9 ‘‘(2) T IMING.—In determining the timing of 10 each drawdown and sale from the Strategic Petro-11 leum Reserve under this section, to the maximum 12 extent practicable, the Secretary shall maximize the 13 financial return to the United States taxpayers.’’. 14 SEC. 108. DOE STUDY AND PLAN FOR DELIVERY OF FUEL 15 DURING PIPELINE DISRUPTIONS. 16 Not later than 24 months after the date of enactment 17 of this Act, the Secretary of Energy shall— 18 (1) conduct a study on how the Department of 19 Energy could deliver products sold from the Stra-20 tegic Petroleum Reserve, a Strategic Refined Petro-21 leum Product Reserve, or the Northeast Home 22 Heating Oil Reserve in the event of an attack or dis-23 ruption that renders pipelines to deliver such prod-24 ucts unusable; and 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 29 •HR 432 IH (2) submit to Congress a plan, based on the re-1 sults of such study, to carry out such delivery. 2 TITLE II—FUEL DEMAND 3 SEC. 201. STATE ENERGY TRANSPORTATION PLANS. 4 (a) S TATEENERGYTRANSPORTATIONPLANS.— 5 (1) I N GENERAL.—Part D of title III of the 6 Energy Policy and Conservation Act (42 U.S.C. 7 6321 et seq.) is amended by adding at the end the 8 following: 9 ‘‘SEC. 367. STATE ENERGY TRANSPORTATION PLANS. 10 ‘‘(a) I NGENERAL.—The Secretary may provide fi-11 nancial assistance to a State to develop a State energy 12 transportation plan, for inclusion in a State energy con-13 servation plan under section 362(d), to promote the elec-14 trification of the transportation system, reduced consump-15 tion of fossil fuels, and improved air quality. 16 ‘‘(b) D EVELOPMENT.—A State developing a State en-17 ergy transportation plan under this section shall carry out 18 this activity through the State energy office that is respon-19 sible for developing the State energy conservation plan 20 under section 362. 21 ‘‘(c) C ONTENTS.—A State developing a State energy 22 transportation plan under this section shall include in such 23 plan a plan to— 24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 30 •HR 432 IH ‘‘(1) deploy a network of electric vehicle supply 1 equipment to ensure access to electricity for electric 2 vehicles, including commercial vehicles, to an extent 3 that such electric vehicles can travel throughout the 4 State without running out of a charge; 5 ‘‘(2) promote modernization of the electric grid, 6 including through the use of renewable energy 7 sources to power the electric grid, to accommodate 8 demand for power to operate electric vehicle supply 9 equipment and to utilize energy storage capacity 10 provided by electric vehicles, including commercial 11 vehicles; and 12 ‘‘(3) implement other measures to reduce the 13 consumption of petroleum-based fuels. 14 ‘‘(d) C OORDINATION.—In developing a State energy 15 transportation plan under this section, a State shall co-16 ordinate, as appropriate, with— 17 ‘‘(1) State regulatory authorities (as defined in 18 section 3 of the Public Utility Regulatory Policies 19 Act of 1978 (16 U.S.C. 2602)); 20 ‘‘(2) electric utilities; 21 ‘‘(3) regional transmission organizations or 22 independent system operators; 23 ‘‘(4) private entities that provide electric vehicle 24 charging services; 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 31 •HR 432 IH ‘‘(5) State transportation agencies, metropoli-1 tan planning organizations, and local governments; 2 ‘‘(6) electric vehicle manufacturers; 3 ‘‘(7) public and private entities that manage ve-4 hicle fleets; and 5 ‘‘(8) public and private entities that manage 6 ports, airports, or other transportation hubs. 7 ‘‘(e) T ECHNICALASSISTANCE.—Upon request of the 8 Governor of a State, the Secretary shall provide informa-9 tion and technical assistance in the development, imple-10 mentation, or revision of a State energy transportation 11 plan. 12 ‘‘(f) E LECTRICVEHICLESUPPLYEQUIPMENTDE-13 FINED.—For purposes of this section, the term ‘electric 14 vehicle supply equipment’ means conductors, including 15 ungrounded, grounded, and equipment grounding conduc-16 tors, electric vehicle connectors, attachment plugs, and all 17 other fittings, devices, power outlets, or apparatuses in-18 stalled specifically for the purpose of delivering energy to 19 an electric vehicle.’’. 20 (2) C ONFORMING AMENDMENT .—The table of 21 sections for part D of title III of the Energy Policy 22 and Conservation Act is amended by adding at the 23 end the following: 24 ‘‘Sec. 367. State energy transportation plans.’’. VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6211 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 32 •HR 432 IH (b) STATEENERGYCONSERVATIONPLANS.—Section 1 362(d) of the Energy Policy and Conservation Act (42 2 U.S.C. 6322(d)) is amended— 3 (1) in paragraph (17), by striking ‘‘; and’’ and 4 inserting a semicolon; 5 (2) by redesignating paragraph (18) as para-6 graph (19); and 7 (3) by inserting after paragraph (17) the fol-8 lowing: 9 ‘‘(18) a State energy transportation plan devel-10 oped in accordance with section 367; and’’. 11 (c) A UTHORIZATION OF APPROPRIATIONS.—Section 12 365(f) of the Energy Policy and Conservation Act (42 13 U.S.C. 6325(f)) is amended by adding at the end the fol-14 lowing: 15 ‘‘(3) S TATE ENERGY TRANSPORTATION 16 PLANS.—In addition to the amounts authorized 17 under paragraph (1), for the purpose of carrying out 18 section 367, there are authorized to be appropriated 19 such sums as may be necessary.’’. 20 SEC. 202. TRANSPORTATION ELECTRIFICATION. 21 Section 131 of the Energy Independence and Security 22 Act of 2007 (42 U.S.C. 17011) is amended— 23 (1) in subsection (a)(6)— 24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 33 •HR 432 IH (A) in subparagraph (A), by inserting ‘‘, 1 including ground support equipment at ports’’ 2 before the semicolon; 3 (B) in subparagraph (E), by inserting 4 ‘‘and vehicles’’ before the semicolon; 5 (C) in subparagraph (H), by striking 6 ‘‘and’’ at the end; 7 (D) in subparagraph (I)— 8 (i) by striking ‘‘battery chargers,’’; 9 and 10 (ii) by striking the period at the end 11 and inserting a semicolon; and 12 (E) by adding at the end the following: 13 ‘‘(J) installation of electric vehicle supply 14 equipment for recharging plug-in electric drive 15 vehicles, including such equipment that is acces-16 sible in rural and urban areas and in under-17 served or disadvantaged communities and such 18 equipment for medium- and heavy-duty vehicles, 19 including at depots and in-route locations; 20 ‘‘(K) multi-use charging hubs used for 21 multiple forms of transportation; 22 ‘‘(L) medium- and heavy-duty vehicle 23 smart charging management and refueling; 24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 34 •HR 432 IH ‘‘(M) battery recycling and secondary use, 1 including for medium- and heavy-duty vehicles; 2 and 3 ‘‘(N) sharing of best practices, and tech-4 nical assistance provided by the Department to 5 public utilities commissions and utilities, for 6 medium- and heavy-duty vehicle electrifica-7 tion.’’; 8 (2) in subsection (b)— 9 (A) in paragraph (3)(A)(ii), by inserting ‘‘, 10 components for such vehicles, and charging 11 equipment for such vehicles’’ after ‘‘vehicles’’; 12 and 13 (B) in paragraph (6), by striking 14 ‘‘$90,000,000 for each of fiscal years 2008 15 through 2012’’ and inserting ‘‘such sums as 16 may be necessary’’; 17 (3) in subsection (c)— 18 (A) in the header, by striking ‘‘N EAR- 19 T ERM’’ and inserting ‘‘LARGE-SCALE’’; and 20 (B) in paragraph (4), by striking 21 ‘‘$95,000,000 for each of fiscal years 2008 22 through 2013’’ and inserting ‘‘such sums as 23 may be necessary’’; and 24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 35 •HR 432 IH (4) by redesignating subsection (d) as sub-1 section (e) and inserting after subsection (c) the fol-2 lowing: 3 ‘‘(d) P RIORITY.—In providing grants under sub-4 sections (b) and (c), the Secretary shall give priority con-5 sideration to applications that contain a written assurance 6 that all laborers and mechanics employed by contractors 7 or subcontractors during construction, alteration, or re-8 pair that is financed, in whole or in part, by a grant pro-9 vided under this section shall be paid wages at rates not 10 less than those prevailing on similar construction in the 11 locality, as determined by the Secretary of Labor in ac-12 cordance with sections 3141 through 3144, 3146, and 13 3147 of title 40, United States Code (and the Secretary 14 of Labor shall, with respect to the labor standards de-15 scribed in this clause, have the authority and functions 16 set forth in Reorganization Plan Numbered 14 of 1950 17 (5 U.S.C. App.) and section 3145 of title 40, United 18 States Code).’’. 19 SEC. 203. FEDERAL FLEETS. 20 (a) M INIMUMFEDERALFLEETREQUIREMENT.— 21 Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 22 13212) is amended— 23 (1) in subsection (a), by adding at the end the 24 following: 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 36 •HR 432 IH ‘‘(3) The Secretary, in consultation with the Adminis-1 trator of General Services, shall ensure that in acquiring 2 medium- and heavy-duty vehicles for a Federal fleet, a 3 Federal entity shall acquire zero-emission vehicles to the 4 maximum extent feasible.’’; 5 (2) by striking subsection (b) and inserting the 6 following: 7 ‘‘(b) P ERCENTAGEREQUIREMENTS.— 8 ‘‘(1) I N GENERAL.— 9 ‘‘(A) L IGHT-DUTY VEHICLES.—Beginning 10 in fiscal year 2026, 100 percent of the total 11 number of light-duty vehicles acquired by a 12 Federal entity for a Federal fleet shall be alter-13 native fueled vehicles, of which— 14 ‘‘(i) at least 50 percent shall be zero- 15 emission vehicles or plug-in hybrids in fis-16 cal years 2026 through 2034; 17 ‘‘(ii) at least 75 percent shall be zero- 18 emission vehicles or plug-in hybrids in fis-19 cal years 2035 through 2049; and 20 ‘‘(iii) 100 percent shall be zero-emis-21 sion vehicles in fiscal year 2050 and there-22 after. 23 ‘‘(B) M EDIUM- AND HEAVY-DUTY VEHI-24 CLES.—The following percentages of the total 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 37 •HR 432 IH number of medium- and heavy-duty vehicles ac-1 quired by a Federal entity for a Federal fleet 2 shall be alternative fueled vehicles: 3 ‘‘(i) At least 20 percent in fiscal years 4 2026 through 2029. 5 ‘‘(ii) At least 30 percent in fiscal 6 years 2030 through 2039. 7 ‘‘(iii) At least 40 percent in fiscal 8 years 2040 through 2049. 9 ‘‘(iv) At least 50 percent in fiscal year 10 2050 and thereafter. 11 ‘‘(2) E XCEPTION.—The Secretary, in consulta-12 tion with the Administrator of General Services 13 where appropriate, may permit a Federal entity to 14 acquire for a Federal fleet a smaller percentage than 15 is required in paragraph (1) for a fiscal year, so long 16 as the aggregate percentage acquired for each class 17 of vehicle for all Federal fleets in the fiscal year is 18 at least equal to the required percentage. 19 ‘‘(3) D EFINITIONS.—In this subsection: 20 ‘‘(A) F EDERAL FLEET.—The term ‘Fed-21 eral fleet’ means a fleet of vehicles that are cen-22 trally fueled or capable of being centrally fueled 23 and are owned, operated, leased, or otherwise 24 controlled by or assigned to any Federal execu-25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 38 •HR 432 IH tive department, military department, Govern-1 ment corporation, independent establishment, 2 or executive agency, the United States Postal 3 Service, the Congress, the courts of the United 4 States, or the Executive Office of the President. 5 Such term does not include— 6 ‘‘(i) motor vehicles held for lease or 7 rental to the general public; 8 ‘‘(ii) motor vehicles used for motor ve-9 hicle manufacturer product evaluations or 10 tests; 11 ‘‘(iii) law enforcement vehicles; 12 ‘‘(iv) emergency vehicles; or 13 ‘‘(v) motor vehicles acquired and used 14 for military purposes that the Secretary of 15 Defense has certified to the Secretary must 16 be exempt for national security reasons. 17 ‘‘(B) F LEET.—The term ‘fleet’ means— 18 ‘‘(i) 20 or more light-duty vehicles, lo-19 cated in a metropolitan statistical area or 20 consolidated metropolitan statistical area, 21 as established by the Bureau of the Cen-22 sus, with a 1980 population of more than 23 250,000; or 24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 39 •HR 432 IH ‘‘(ii) 10 or more medium- or heavy- 1 duty vehicles, located at a Federal facility 2 or located in a metropolitan statistical area 3 or consolidated metropolitan statistical 4 area, as established by the Bureau of the 5 Census, with a 1980 population of more 6 than 250,000.’’; and 7 (3) in subsection (f)(2)(B)— 8 (A) by striking ‘‘, either’’; and 9 (B) in clause (i), by striking ‘‘or’’ and in-10 serting ‘‘and’’. 11 (b) F EDERALFLEETCONSERVATION REQUIRE-12 MENTS.—Section 400FF(a) of the Energy Policy and 13 Conservation Act (42 U.S.C. 6374e) is amended— 14 (1) in paragraph (1)— 15 (A) by striking ‘‘18 months after the date 16 of enactment of this section’’ and inserting ‘‘12 17 months after the date of enactment of the Buy 18 Low and Sell High Act’’; 19 (B) by striking ‘‘2010’’ and inserting 20 ‘‘2023’’; and 21 (C) by striking ‘‘and increase alternative 22 fuel consumption’’ and inserting ‘‘, increase al-23 ternative fuel consumption, and reduce vehicle 24 greenhouse gas emissions’’; and 25 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 40 •HR 432 IH (2) by striking paragraph (2) and inserting the 1 following: 2 ‘‘(2) G OALS.—The goals of the requirements 3 under paragraph (1) are that each Federal agency 4 shall— 5 ‘‘(A) reduce fleet-wide per-mile greenhouse 6 gas emissions from agency fleet vehicles, rel-7 ative to a baseline of emissions in 2015, by— 8 ‘‘(i) not less than 30 percent by the 9 end of fiscal year 2026; 10 ‘‘(ii) not less than 50 percent by the 11 end of fiscal year 2030; and 12 ‘‘(iii) 100 percent by the end of fiscal 13 year 2050; and 14 ‘‘(B) increase the annual percentage of al-15 ternative fuel consumption by agency fleet vehi-16 cles as a proportion of total annual fuel con-17 sumption by Federal fleet vehicles, to achieve— 18 ‘‘(i) 25 percent of total annual fuel 19 consumption that is alternative fuel by the 20 end of fiscal year 2026; 21 ‘‘(ii) 50 percent of total annual fuel 22 consumption that is alternative fuel by the 23 end of fiscal year 2035; and 24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 41 •HR 432 IH ‘‘(iii) at least 85 percent of total an-1 nual fuel consumption that is alternative 2 fuel by the end of fiscal year 2050.’’. 3 TITLE III—FUEL SUPPLY 4 SEC. 301. ASSISTANCE FOR WESTERN HEMISPHERE REFIN-5 ERIES. 6 (a) E STABLISHMENT.—The Secretary of Energy 7 shall establish and carry out a program to increase the 8 amount of crude oil refined in oil refineries located in cov-9 ered countries by— 10 (1) developing, producing, or procuring re-11 sources, materials, or equipment that can be used at 12 such oil refineries to increase the amount of crude 13 oil refined at such oil refineries; 14 (2) providing to covered entities, under such 15 terms and conditions as the Secretary of Energy de-16 termines appropriate, resources, materials, or equip-17 ment that can be used at such oil refineries to in-18 crease the amount of crude oil refined at such oil re-19 fineries; 20 (3) issuing grants, loans, or loan guarantees to 21 covered entities, under such terms and conditions as 22 the Secretary of Energy determines appropriate, to 23 carry out projects in covered countries that can in-24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 42 •HR 432 IH crease the amount of crude oil refined in such oil re-1 fineries; and 2 (4) providing technical assistance to covered en-3 tities, as the Secretary of Energy determines nec-4 essary to increase the amount of crude oil refined in 5 such oil refineries. 6 (b) P ARTNERSHIPS.—The Secretary of Energy may 7 partner with other Federal agencies to carry out the pro-8 gram established under subsection (a). 9 (c) A UTHORITYTOENTERINTOAGREEMENTS.—In 10 carrying out the program established under subsection (a), 11 the Secretary of Energy may enter into one or more agree-12 ments directly with third parties under such terms and 13 conditions as the Secretary of Energy determines appro-14 priate. 15 (d) D EFINITIONS.—In this section: 16 (1) C OVERED COUNTRY .—The term ‘‘covered 17 country’’ means a foreign country located in the 18 Western Hemisphere, other than Venezuela, with re-19 spect to which the Secretary of State, in consulta-20 tion with the Secretary of Defense and the Secretary 21 of Energy, determines that increased crude oil refin-22 ing in that country would promote the national secu-23 rity and economic interests of the United States. 24 VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB 43 •HR 432 IH (2) COVERED ENTITY.—The term ‘‘covered en-1 tity’’ means a covered country or a third party that 2 owns or operates an oil refinery located in a covered 3 country. 4 (e) A UTHORIZATION OF APPROPRIATIONS.—There is 5 authorized to be appropriated to the Secretary of Energy 6 to carry out this section $90,000,000 for fiscal year 2024, 7 to remain available until September 30, 2026. 8 Æ VerDate Sep 11 2014 03:04 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6301 E:\BILLS\H432.IH H432 pbinns on DSKJLVW7X2PROD with $$_JOB