Section 1 Short title
This Act may be cited as the “Reserving Energy For Independence and Empowerment Act” or the “REFINE Act”.
Reserving Energy For Independence and Empowerment Act
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.
Sec. 2 Findings; sense of Congress
Findings— Congress finds the following:
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.
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.
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.
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.
Sense of Congress— It is the sense of Congress that—
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
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
Studies and assessment—
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—
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;
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
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.
Form— The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
Prohibition—
In general— The Energy Policy and Conservation Act is amended by inserting after section 163 (42 U.S.C. 6243) the following:
“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.”
Conforming amendments—
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.
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. 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—
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
direct each Federal agency (including the Council on Environmental Quality) to, not later than 120 days after the date of enactment of this Act—
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
issues regulations and guidance to—
reduce the regulatory burden for energy producers in the United States; and
increase the energy output by those producers.