II 

109TH CONGRESS 

2D SESSION S. 2984 

To require certain profitable oil companies to expend 1 percent of recent 

quarterly profits to install E–85 fuel pumps in the United States. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2006 

Mr. OBAMA introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To require certain profitable oil companies to expend 1 percent of recent quarterly profits to install E–85 fuel 

pumps in the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Future Investment to 

5 Lessen Long-term Use of Petroleum Act’’ or the ‘‘FILL 

6 UP Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds that— 


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1 (1) in May 2006, average gasoline prices in the 

2 United States were 31 percent higher than such 

3 prices in May 2005; 

4 (2) the profits earned by oil companies are at 

5 an all-time high, with the profits of the 5 largest 

6 American oil companies reaching $28,000,000,000 

7 during the first quarter of 2006, 50 percent higher 

8 than the profits of those companies during the first 

9 quarter of 2004; 

10 (3) millions of Americans drive automobiles 

11 with flexible-fuel capability, which can run on E–85, 

12 a fuel blend consisting of 85 percent ethanol and 15 

13 percent petroleum-based gasoline; 

14 (4) there are only 616 stations in the United 

15 States that dispense E–85 fuel, leaving the vast ma16 jority of Americans with no choice but to purchase 

17 petroleum-based gasoline; 

18 (5) E–85 fuel produces less greenhouse gas 

19 emissions than conventional gasoline; 

20 (6) increasing usage of E–85 fuel bolsters our 

21 Nation’s economic and national security, safe22 guarding the interests of the American people; and 

23 (7) the approximate cost of installing a pump 

24 that dispenses E–85 fuel is $60,000. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) COMPANY.—The term ‘‘company’’ has the 

4 meaning given the term ‘‘person’’ in section 2 of the 

5 Hot Oil Act (15 U.S.C. 715a). 

6 (2) E–85 FUEL.—The term ‘‘E–85 fuel’’ means 

7 a fuel mixture containing at least 85 percent dena8 tured ethanol, by volume, combined with gasoline or 

9 other fuels. 

10 SEC. 4. REINVESTMENT OF OIL COMPANY PROFITS. 

11 (a) APPLICABILITY.—Any company shall comply with 

12 the requirements under subsection (b) if the company— 

13 (1) produces, refines, distributes, or sells petro14 leum products in the United States; and 

15 (2) reported at least $1,000,000,000 in net in16 come, for all domestic and international operations, 

17 on Form 10–Q filed with the Securities and Ex18 change Commission for the first quarter of 2006. 

19 (b) INVESTMENT REQUIREMENT.— 

20 (1) IN GENERAL.—Each company described in 

21 subsection (a) shall expend not less than 1 percent 

22 of the total profits reported by such company for the 

23 first quarter of 2006 to install infrastructure to dis24 pense E–85 fuel or other alternative fuels, as deter25 mined by the Secretary, at gasoline service stations 

26 located in the United States. 


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1 (2) PLAN SUBMISSION.—Not later than 6 

2 months after the date of the enactment of this Act, 

3 each company described in subsection (a) shall sub4 mit a plan to the Secretary of Energy that describes 

5 the installation timetable and the anticipated loca6 tion of each E–85 fuel pump to be installed by the 

7 company in compliance with this subsection. 

8 (3) COMPLETION OF INSTALLATION.—Each 

9 company described in subsection (a) shall complete 

10 the installation of fuel dispensing infrastructure re11 quired under paragraph (1) not later than 3 years 

12 after the date of the enactment of this Act. 

13 (c) OVERSIGHT.— 

14 (1) IN GENERAL.—The Secretary of Energy 

15 shall ensure that the companies described in sub16 section (a) comply with the requirements under sub17 section (b). 

18 (2) RULEMAKING.—The Secretary of Energy, 

19 in consultation with the Secretary of Transportation, 

20 shall promulgate regulations to carry out this Act. 

21 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated such sums 

23 as may be necessary to carry out this Act. 

Æ 


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