II 118THCONGRESS 1 STSESSION S. 337 To amend the Energy Policy and Conservation Act to require that the Strategic Petroleum Reserve contain petroleum products produced or refined in the United States, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY9, 2023 Mr. S ULLIVANintroduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to require that the Strategic Petroleum Reserve contain petroleum products produced or refined in the United States, 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. 3 This Act may be cited as the ‘‘Replenishing Our 4 American Reserves Act’’ or the ‘‘ROAR Act’’. 5 VerDate Sep 11 2014 06:49 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S337.IS S337 kjohnson on DSK79L0C42PROD with BILLS 2 •S 337 IS SEC. 2. PRIORITIZING DOMESTIC PETROLEUM PRODUCTS 1 FOR REFILL OF THE STRATEGIC PETROLEUM 2 RESERVE. 3 (a) I NGENERAL.—Section 160(c) of the Energy Pol-4 icy and Conservation Act (42 U.S.C. 6240(c)) is amend-5 ed— 6 (1) in the first sentence of the matter preceding 7 paragraph (1), by inserting ‘‘products’’ after ‘‘petro-8 leum’’; 9 (2) in paragraph (5), by striking ‘‘and’’ after 10 the semicolon; 11 (3) by redesignating paragraph (6) as para-12 graph (7); and 13 (4) by inserting after paragraph (5) the fol-14 lowing: 15 ‘‘(6) effective on the date of enactment of the 16 ROAR Act, ensure that only petroleum products 17 that have been produced or refined in the United 18 States are acquired and injected into the Reserve; 19 and’’. 20 (b) R EGULATIONUPDATES.—Not later than 180 21 days after the date of enactment of this Act, the Secretary 22 of Energy shall promulgate appropriate regulations to up-23 date procedures for the acquisition of petroleum products 24 for the Strategic Petroleum Reserve in accordance with 25 the amendments made by this section. 26 VerDate Sep 11 2014 06:49 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S337.IS S337 kjohnson on DSK79L0C42PROD with BILLS 3 •S 337 IS SEC. 3. LIMITATION ON THE IMPORT OF PETROLEUM 1 PRODUCTS FROM CERTAIN COUNTRIES. 2 (a) I NGENERAL.—Section 160 of the Energy Policy 3 and Conservation Act (42 U.S.C. 6240) is amended— 4 (1) by redesignating subsections (f) and (h) as 5 subsections (d) and (e), respectively; and 6 (2) by adding at the end the following: 7 ‘‘(f) L IMITATION ONFILLING THESTRATEGICPE-8 TROLEUMRESERVE.— 9 ‘‘(1) D EFINITIONS.—In this subsection: 10 ‘‘(A) C OVERED COUNTRY .—The term ‘cov-11 ered country’ means— 12 ‘‘(i) Algeria; 13 ‘‘(ii) Angola; 14 ‘‘(iii) The Democratic Republic of the 15 Congo; 16 ‘‘(iv) Equatorial Guinea; 17 ‘‘(v) Gabon; 18 ‘‘(vi) Iran; 19 ‘‘(vii) Iraq; 20 ‘‘(viii) Kuwait; 21 ‘‘(ix) Libya; 22 ‘‘(x) Nigeria; 23 ‘‘(xi) The People’s Republic of China; 24 ‘‘(xii) The Russian Federation; 25 ‘‘(xiii) Saudi Arabia; 26 VerDate Sep 11 2014 06:49 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S337.IS S337 kjohnson on DSK79L0C42PROD with BILLS 4 •S 337 IS ‘‘(xiv) United Arab Emirates; and 1 ‘‘(xv) Venezuela. 2 ‘‘(B) P RODUCTION.—The term ‘produc-3 tion’, with respect to a petroleum product, does 4 not include the refining of that petroleum prod-5 uct. 6 ‘‘(2) L IMITATION.—The Strategic Petroleum 7 Reserve may not be filled with a petroleum product 8 imported from— 9 ‘‘(A) a covered country; or 10 ‘‘(B) a foreign country other than a cov-11 ered country, unless the Secretary submits to 12 Congress a certification that all means of in-13 creasing production of petroleum products in 14 the United States has been exhausted, includ-15 ing— 16 ‘‘(i) increasing the availability of Fed-17 eral land for leasing; and 18 ‘‘(ii) increasing the number of applica-19 tions for permits to drill; and 20 ‘‘(3) C ONSULTATION.—In carrying out para-21 graph (2), the Secretary shall consult with— 22 ‘‘(A) the Secretary of Agriculture; 23 ‘‘(B) the Secretary of the Interior; and 24 ‘‘(C) the Secretary of Defense.’’. 25 VerDate Sep 11 2014 06:49 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S337.IS S337 kjohnson on DSK79L0C42PROD with BILLS 5 •S 337 IS (b) CONFORMINGAMENDMENTS.—Section 167 of the 1 Energy Policy and Conservation Act (42 U.S.C. 6247) is 2 amended— 3 (1) in subsection (b)(3), by striking ‘‘section 4 160(f)’’ and inserting ‘‘section 160(d)’’; and 5 (2) in subsection (d), in the matter preceding 6 paragraph (1), by striking ‘‘section 160(f)’’ and in-7 serting ‘‘section 160(d)’’. 8 SEC. 4. PROHIBITION ON EXPORT AND SALE OF STRATEGIC 9 PETROLEUM RESERVE PRODUCTS. 10 Section 161(i) of the Energy Policy and Conservation 11 Act (42 U.S.C. 6241(i)) is amended— 12 (1) by striking ‘‘(i) Notwithstanding any other 13 law’’ and inserting the following: 14 ‘‘(i) R EFINE OREXCHANGEOUTSIDE THEUNITED 15 S TATES.— 16 ‘‘(1) I N GENERAL.—Notwithstanding any other 17 provision of law and subject to paragraphs (2) and 18 (3)’’; and 19 (2) by inserting after paragraph (1) (as so des-20 ignated) the following: 21 ‘‘(2) P ROHIBITION ON EXPORT OF STRATEGIC 22 PETROLEUM RESERVE PETROLEUM PRODUCTS .— 23 Notwithstanding any other provision of law, with re-24 spect to the drawdown and sale at auction of petro-25 VerDate Sep 11 2014 06:49 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S337.IS S337 kjohnson on DSK79L0C42PROD with BILLS 6 •S 337 IS leum products from the Strategic Petroleum Reserve 1 under this section after the date of enactment of this 2 paragraph, the Secretary shall require as a condition 3 of the sale that the petroleum products shall not be 4 exported to a country that is designated as a coun-5 try of particular concern for religious freedom under 6 section 402(b)(1)(A)(ii) of the International Reli-7 gious Freedom Act of 1998 (22 U.S.C. 8 6442(b)(1)(A)(ii)). 9 ‘‘(3) R EQUIREMENTS APPLICABLE TO CERTAIN 10 STATE-OWNED ENTITIES .—Notwithstanding any 11 other provision of law, with respect to the drawdown 12 and sale at auction of petroleum products from the 13 Strategic Petroleum Reserve under this section after 14 the date of enactment of this paragraph, if the Sec-15 retary determines that there is in effect a United 16 States ban on, or the imposition of sanctions by the 17 United States with respect to, the purchase of crude 18 oil from 1 or more countries, the Secretary shall not 19 sell petroleum products to a State-owned entity par-20 ticipating in the auction unless that State-owned en-21 tity submits to the Secretary a certification that the 22 State-owned entity has not purchased any petroleum 23 products from a country subject to such a ban or 24 VerDate Sep 11 2014 06:49 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S337.IS S337 kjohnson on DSK79L0C42PROD with BILLS 7 •S 337 IS sanctions after the date that is 15 days after the 1 date on which the ban or sanctions took effect.’’. 2 SEC. 5. STUDY ON REMOTE CRUDE OIL AND NATURAL GAS 3 RESERVE. 4 (a) I NGENERAL.—Not later than 180 days after the 5 date of enactment of this Act, the Secretary of Energy 6 shall prepare and submit to Congress a report regarding 7 the feasibility of establishing a reserve, to be known as 8 the ‘‘Remote Crude Oil and Natural Gas Reserve’’, subject 9 to subsections (b) and (c), consisting of crude oil and nat-10 ural gas to be acquired and stored by the United States, 11 in place, pursuant to a contract or other agreement or ar-12 rangement between the United States and an individual 13 or entity that discovered the oil or gas in a remote area 14 described in subsection (c). 15 (b) P URPOSE.—The purpose of the Remote Crude Oil 16 and Natural Gas Reserve shall be— 17 (1) consistent with the purposes described in 18 section 2 of the Energy Policy and Conservation Act 19 (42 U.S.C. 6201); and 20 (2) to ensure— 21 (A) the long-term capability to increase the 22 energy supply of the United States and allies of 23 the United States; and 24 VerDate Sep 11 2014 06:49 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S337.IS S337 kjohnson on DSK79L0C42PROD with BILLS 8 •S 337 IS (B) to the maximum extent practicable, 1 that energy costs remain affordable for United 2 States consumers. 3 (c) L OCATIONS.—The Remote Crude Oil and Natural 4 Gas Reserve shall include facilities located in, as applica-5 ble— 6 (1) the State of Alaska; and 7 (2) any other area of the United States in close 8 proximity to a qualified opportunity zone designated 9 under section 1400Z–1 of the Internal Revenue 10 Code of 1986. 11 Æ VerDate Sep 11 2014 06:49 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S337.IS S337 kjohnson on DSK79L0C42PROD with BILLS