I 

110TH CONGRESS 

2D SESSION H. R. 5146 

To amend the Energy Policy Act of 2005 to require the Secretary of Energy 

to acquire petroleum in quantities sufficient to fill the available capacity 

of the Strategic Petroleum Reserve, subject to certain limitations, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2008 

Mr. LAMPSON (for himself and Mr. EDWARDS) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committee on Science and Technology, 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 amend the Energy Policy Act of 2005 to require the 

Secretary of Energy to acquire petroleum in quantities 

sufficient to fill the available capacity of the Strategic 

Petroleum Reserve, subject to certain limitations, and 

for other purposes. 

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 ‘‘Invest in Energy Secu5 rity Act’’. 


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1 SEC. 2. STRATEGIC PETROLEUM RESERVE. 

2 (a) PETROLEUM ACQUISITION FOR THE STRATEGIC

3 PETROLEUM RESERVE.—Section 301(e)(1) of the Energy 

4 Policy Act of 2005 (42 U.S.C. 6240 note) is amended to 

5 read as follows: 

6 ‘‘(1) IN GENERAL.—The Secretary shall, as ex7 peditiously as practical, without incurring excessive 

8 cost or appreciably affecting the price of petroleum 

9 products to consumers, acquire petroleum in quan10 tities sufficient to fill the available capacity of the 

11 Strategic Petroleum Reserve, subject to the following 

12 limitations: 

13 ‘‘(A) SUSPENSION OF ROYALTY-IN-KIND

14 TRANSFERS TO THE STRATEGIC PETROLEUM

15 RESERVE.—No later than September 30, 2008, 

16 the Secretary shall sell 13,000,000 barrels of 

17 petroleum received under the royalty-in-kind 

18 program. Beginning October 1, 2008, the Sec19 retary shall suspend acquisition of petroleum 

20 for the Strategic Petroleum Reserve under the 

21 Royalty-In-Kind program, subject to resump22 tion as provided in subparagraph (B). 

23 ‘‘(B) RESUMPTION OF PETROLEUM ACQUI24 SITION FOR THE STRATEGIC PETROLEUM RE25 SERVE.—The Secretary may resume acquisition 

26 of petroleum for the Strategic Petroleum ReVerDate Aug 31 2005 04:05 Jan 29, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5146.IH H5146

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1 serve 30 days after notification to Congress 

2 that— 

3 ‘‘(i)(I) the Secretary projects that the 

4 United States will fall short of its commit5 ments under the International Energy Pro6 gram within a period of 24 months from 

7 the date of the projection; or 

8 ‘‘(II) the weighted average price of pe9 troleum for the most recent 90 day period 

10 is at least 25 percent less than the 24- 

11 month historical average price; and 

12 ‘‘(ii) that resumption of Strategic Pe13 troleum Reserve fill will not have an appre14 ciable effect on the price of petroleum 

15 products to consumers within the following 

16 12-month period after the resumption of 

17 acquisition. 

18 ‘‘(C) FUTURE SUSPENSION OF STRATEGIC

19 PETROLEUM RESERVE PETROLEUM ACQUISI20 TION.—During any period in which the Sec21 retary is acquiring petroleum for the Strategic 

22 Petroleum Reserve, the Secretary shall suspend 

23 acquisition activities if— 

24 ‘‘(i) the monthly weighted average 

25 price of petroleum increases by more than 


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1 20 percent over any period of 6 months or 

2 less; or 

3 ‘‘(ii) the Secretary determines that 

4 continued Strategic Petroleum Reserve fill 

5 may have an appreciable impact on prices 

6 of petroleum products in future months.’’. 

7 (b) REVISED PROCEDURES.—No later than 60 days 

8 after the date of the enactment of this section, the Sec9 retary shall publish revised procedures under section 

10 301(e)(2) of the Energy Policy Act of 2005 consistent 

11 with the provisions contained in the amendment made by 

12 subsection (a). 

13 SEC. 3. ENERGY INDEPENDENCE AND SECURITY FUND. 

14 (a) ESTABLISHMENT.—There is hereby established in 

15 the Treasury of the United States the ‘‘Energy Independ16 ence and Security Fund’’ (hereinafter in this section re17 ferred to as ‘‘the Fund’’). 

18 (b) ADMINISTRATION.—The Secretary of Energy 

19 shall be responsible for administering the Fund for the 

20 purpose of carrying out this section. 

21 (c) DEPOSITS.—All proceeds from sales of petroleum 

22 from the Strategic Petroleum Reserve, as authorized in 

23 section 301(e)(1) of the Energy Policy Act of 2005 (as 

24 amended by section 2 of this Act), after deduction of the 


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1 direct administrative costs associated with such sales, 

2 shall be deposited in the Fund. 

3 (d) DISTRIBUTION OF FUNDS.—The Secretary shall 

4 make available for obligation, without further appropria5 tion and without fiscal year limitation, the following 

6 amounts from the Fund: 

7 (1) ADVANCED RESEARCH PROJECTS AGENCY— 

8 ENERGY.—For fiscal year 2008, the Secretary shall 

9 transfer $100,000,000 to the ‘‘Energy Trans10 formation Acceleration Fund’’, as authorized in sec11 tion 5012(m) of the America COMPETES Act (42 

12 U.S.C. 16538(m)), to remain available until ex13 pended. Of the funds transferred, the Secretary shall 

14 further allocate the amounts made available for obli15 gation as follows: 

16 (A) $50,000,000 shall be available for uni17 versity-based research projects. 

18 (B) $10,000,000 shall be available for pro19 gram direction expenses. 

20 (2) RURAL WIND ENERGY.—For fiscal year 

21 2008, the Secretary shall transfer $15,000,000 to 

22 the account ‘‘Energy Efficiency and Renewable En23 ergy’’, to remain available until expended, for nec24 essary expenses for a program to support the devel25 opment of infrastructure necessary for deployment 


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1 of wind energy systems in rural areas, as authorized 

2 in section 931(f)(1) of the Energy Policy Act of 

3 2005 (42 U.S.C. 16231(f)(1)). 

4 (3) SOLAR ENERGY RESEARCH AND DEVELOP5 MENT.—For fiscal year 2008, the Secretary shall 

6 transfer $30,000,000 to the account ‘‘Energy Effi7 ciency and Renewable Energy’’, to remain available 

8 until expended, for necessary expenses for a program 

9 to accelerate the research, development, demonstra10 tion, and deployment of solar energy technologies, as 

11 authorized by section 931(a)(2)(A) of the Energy 

12 Policy Act of 2005 (42 U.S.C. 16231(a)(2)(A)). 

13 (4) LOW INCOME WEATHERIZATION.—For fiscal 

14 year 2008, the Secretary shall transfer 

15 $100,000,000 to the account ‘‘Weatherization As16 sistance Program’’, to remain available until ex17 pended, for necessary expenses for a program to 

18 weatherize low income housing, as authorized by sec19 tion 411 of the Energy Independence and Security 

20 Act of 2007 (Public Law 110–140). 

21 (5) MARINE AND HYDROKINETIC RENEWABLE

22 ELECTRIC ENERGY.—For fiscal year 2008, the Sec23 retary shall transfer $30,000,000 to the account 

24 ‘‘Energy Efficiency and Renewable Energy’’, to re25 main available until expended, for necessary exVerDate Aug 31 2005 04:05 Jan 29, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5146.IH H5146

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1 penses for a program to accelerate the research, de2 velopment, demonstration, and deployment of ocean 

3 and wave energy, including hydrokinetic renewable 

4 energy, as authorized by section 931 of the Energy 

5 Policy Act of 2005 (42 U.S.C. 16231) and section 

6 636 of the Energy Independence and Security Act of 

7 2007 (Public Law 110–140). 

8 (6) INDUSTRIAL ENERGY EFFICIENCY RE9 SEARCH AND DEVELOPMENT.—For fiscal year 2008, 

10 the Secretary shall transfer $110,000,000 to the ac11 count ‘‘Energy Efficiency and Renewable Energy’’, 

12 to remain available until expended, for necessary ex13 penses for a program to accelerate the research, de14 velopment, demonstration, and deployment of new 

15 technologies to improve the energy efficiency and re16 duce greenhouse gas emissions from industrial proc17 esses, as authorized in section 911(a)(2)(C) of the 

18 Energy Policy Act of 2005 (42 U.S.C. 

19 16191(a)(2)(C)) and in section 452 of the Energy 

20 Independence and Security Act of 2007 (Public Law 

21 110–140). 

22 (7) BUILDING ENERGY EFFICIENCY RESEARCH

23 AND DEVELOPMENT.—For fiscal year 2008, the Sec24 retary shall transfer $70,000,000 to the account 

25 ‘‘Energy Efficiency and Renewable Energy’’, to reVerDate Aug 31 2005 04:05 Jan 29, 2008 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5146.IH H5146

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1 main available until expended, for necessary ex2 penses for a program to accelerate the research, de3 velopment, demonstration, and deployment of new 

4 technologies to improve the energy efficiency and re5 duce greenhouse gas emissions from buildings, as 

6 authorized in section 422 of the Energy Independ7 ence and Security Act of 2007 (Public Law 110– 

8 140). 

9 (8) ENERGY STORAGE FOR TRANSPORTATION

10 AND ELECTRIC POWER APPLICATIONS.—For fiscal 

11 year 2008, the Secretary shall transfer $30,000,000 

12 to the account ‘‘Energy Efficiency and Renewable 

13 Energy’’, to remain available until expended, for 

14 necessary expenses for a program to accelerate the 

15 research, development, demonstration, and deploy16 ment of new materials for improving the energy effi17 ciency of transportation, electric power and other 

18 technologies, as authorized by section 641 of the En19 ergy Independence and Security Act of 2007 (Public 

20 Law 110–140). 

21 (9) GEOTHERMAL ENERGY DEVELOPMENT.— 

22 (A) For fiscal year 2008, the Secretary shall trans23 fer $30,000,000 to the account ‘‘Energy Efficiency 

24 and Renewable Energy’’, to remain available until 

25 expended, for necessary expenses for a program for 


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1 geothermal research and development activities to be 

2 managed by the National Renewable Energy Lab3 oratory, as authorized by section 931(a)(2)(C) of the 

4 Energy Policy Act of 2005 (42 U.S.C. 

5 16231(a)(2)(C)); and 

6 (B) For fiscal year 2008, the Secretary shall 

7 transfer $30,000,000 to the account ‘‘Fossil Energy 

8 Research and Development’’, to remain available 

9 until expended, for necessary expenses for a program 

10 of advanced geothermal drilling and resource charac11 terization to be managed by the National Energy 

12 Technology Laboratory. 

13 (10) CARBON CAPTURE AND STORAGE.—For 

14 fiscal year 2008, the Secretary shall transfer 

15 $385,000,000 to the account ‘‘Fossil Energy Re16 search and Development’’, to remain available until 

17 expended, for necessary expenses for a program of 

18 demonstration projects of carbon capture and stor19 age, as authorized by sections 702 and 703 of the 

20 Energy Independence and Security Act of 2007 

21 (Public Law 110–140). Notwithstanding any other 

22 provision of law, one of the demonstration projects 

23 shall be a component of the FutureGen project. 


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1 (11) NONCONVENTIONAL DOMESTIC NATURAL

2 GAS AND PETROLEUM PRODUCTION AND ENVIRON3 MENTAL RESEARCH.— 

4 (A) For fiscal year 2008, the Secretary 

5 shall transfer $50,000,000 to the ‘‘Ultra-Deep6 water and Unconventional Natural Gas and 

7 Other Petroleum Research Fund’’, to remain 

8 available until expended, as authorized by sec9 tion 999H(e) of the Energy Policy Act of 2005 

10 (42 U.S.C. 16378(e)). 

11 (B) For fiscal year 2008, the Secretary 

12 shall transfer $15,000,000 to the account ‘‘Fos13 sil Energy Research and Development’’, to re14 main available until expended, for necessary ex15 penses for a program of environmental research 

16 in support of small producers of domestic petro17 leum and natural gas, for regulatory analysis 

18 and for support for the stripper well consor19 tium. 

20 (12) HYDROGEN RESEARCH AND DEVELOP21 MENT.—For fiscal year 2008, the Secretary shall 

22 transfer $5,000,000 to the account ‘‘Energy Effi23 ciency and Renewable Energy’’, to remain available 

24 until expended, for necessary expenses for the De25 partment’s H-Prize Program, as authorized by secVerDate Aug 31 2005 04:05 Jan 29, 2008 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5146.IH H5146

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1 tion 654 of the Energy Independence and Security 

2 Act of 2007 (Public Law 110–140). 

3 (e) AMENDMENTS.—(1) Section 999F of the Energy 

4 Policy Act of 2005 (42 U.S.C. 16376) is amended by 

5 striking ‘‘2014’’ and inserting ‘‘2017’’. 

6 (2) Section 999B(e) of that Act (42 U.S.C.16372(e)) 

7 is amended by striking paragraph (3) and inserting the 

8 following: 

9 ‘‘(3) PUBLICATION.—The Secretary shall pub10 lish in the Federal Register the annual plan, along 

11 with any written comments received under para12 graph (2)(A) and (B).’’. 

13 (3) Section 999H(b) of that Act (42 U.S.C.16378(b)) 

14 is amended by inserting ‘‘, and shall be exempt from sub15 chapter II of chapter 15 of title 31, United States Code’’ 

16 after ‘‘available until expended’’. 

17 (f) TRANSFER PROCEDURES.—The Secretary shall 

18 make an initial transfer from the Fund no later than 30 

19 days after the initial deposit of monies into the Fund. The 

20 Secretary shall make additional transfers no later than 30 

21 days after subsequent deposits, until the full amounts au22 thorized for fiscal 2008 have been transferred. To the ex23 tent that any transfer in fiscal 2008 is less than the au24 thorized total, the transfers shall be made on a pro rata 

25 basis. 


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1 (g) MANAGEMENT AND OVERSIGHT.— 

2 (1) ADDITIONALITY OF FISCAL YEAR 2008

3 TRANSFERS.—All amounts transferred under sub4 section (d)(1) shall be in addition to, and shall not 

5 be substituted for, any funds appropriated for the 

6 same or similar purposes in the Consolidated Appro7 priations Act, 2008. 

8 (2) PROGRAM PLANS AND PERFORMANCE MEAS9 URES.—The Secretary shall prepare and publish in 

10 the Federal Register a plan for the proposed use of 

11 all funds authorized in subsection (d). The plan also 

12 shall identify how the use of these funds will be ad13 ditive to, and not displace annual appropriations. 

14 The plans also shall identify performance measures 

15 to assess the additional benefits that may be realized 

16 from the application of the additional funding pro17 vided under this section. The initial plan shall be 

18 published in the Federal Register within 90 days 

19 from enactment of this section, and shall be updated 

20 annually and submitted to Congress together with 

21 the President’s budget. 

22 (3) CONGRESSIONAL OVERSIGHT AND RE23 VIEW.—Nothing in this section shall limit or restrict 

24 the review and oversight of program plans by the ap25 propriate committees of Congress. Nothing in this 


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1 section shall limit or restrict the authority of Con2 gress to set alternative spending limitations in an3 nual appropriations Acts. 

4 (4) APPORTIONMENT.—All transactions of the 

5 Fund shall be exempt from apportionment under the 

6 provisions of subchapter II of chapter 15 of title 31, 

7 United States Code. 

8 (5) USE OF OTHER TRANSACTIONS AUTHOR9 ITY.—(A) Any solicitation for research, development, 

10 or demonstration project proposals to be funded 

11 under this section shall provide for and encourage 

12 the use of Other Transactions Authority, including 

13 Technology Investment Agreements as authorized by 

14 section 646(g) of the Department of Energy Organi15 zation Act (42 U.S.C. 7256) and Part 603 of the 

16 Department of Energy Acquisition Regulation. 

17 (B) Any solicitation for a commercial dem18 onstration project under this section shall require 

19 the use of Other Transactions Authority, including 

20 Technology Investment Agreements, as authorized 

21 by section 646(g) of the Department of Energy Or22 ganization Act (42 U.S.C. 7256) and Part 603 of 

23 the Department of Energy Acquisition Regulation. 

Æ 


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