I 

111TH CONGRESS 

1ST SESSION H. R. 3008 

To establish a National Strategic Gasoline Reserve, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2009 

Mr. KISSELL introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To establish a National Strategic Gasoline Reserve, 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 ‘‘National Strategic 

5 Gasoline Reserve for Purposes of National Security Act 

6 of 2009’’. 

7 SEC. 2. STRATEGIC GASOLINE RESERVE. 

8 (a) ESTABLISHMENT.— 

9 (1) AUTHORITY.—The Secretary of Energy 

10 shall establish a Strategic Gasoline Reserve system 

11 (in this section referred to as the ‘‘Gasoline ReVerDate Nov 24 2008 03:17 Jun 25, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3008.IH H3008

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1 serve’’) with a total capacity of 10,000,000 barrels 

2 of regular unleaded gasoline. 

3 (2) RESERVE LOCATIONS.—No later than 1 

4 year after the date of enactment of this Act, the 

5 Secretary shall determine strategic locations for no 

6 less than three and no more than five Gasoline Re7 serve sites, each located in a different geographical 

8 region of the United States. When determining site 

9 locations, the Secretary shall consider all factors, in10 cluding seasonal and regional variations in gasoline, 

11 cost, regional population, accessibility for distribu12 tion, and the region’s vulnerability to natural disas13 ters and acts of terrorism. The Secretary shall en14 deavor to find the most affordable method for stor15 age and, when possible, should consult the method16 ology used for the creation of the Home Heating Oil 

17 Reserve and the Strategic Petroleum Reserves. Such 

18 reserve site locations shall be operational within 2 

19 years after the date of enactment of this Act. 

20 (3) ONSITE PROTECTION.—In establishing the 

21 Gasoline Reserve under this section, the Secretary 

22 shall confer with the Secretary of Transportation 

23 and the Secretary of Homeland Security with re24 spect to physical structures’ security, the transpor25 tation security, and operational security. 


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1 (b) TRANSPORTATION.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary of Energy 

3 shall transmit to the Congress, the Secretary of Homeland 

4 Security, and the Governor of each State in which a Gaso5 line Reserve will be sited a plan for the transportation of 

6 the contents of the Gasoline Reserve under this section 

7 to wholesale or retail markets in the event of an emergency 

8 sale under subsection (d). 

9 (c) CAPACITY.—The Secretary of Energy shall com10 plete the process of filling the Gasoline Reserve to a min11 imum of 90 percent within 2 years of submitting a trans12 portation plan to the Congress. 

13 (d) AGING SUPPLY.—The Secretary shall conduct an 

14 annual review of the gasoline supply to ensure the reserves 

15 in the Gasoline Reserve do not exceed their shelf life. The 

16 Secretary shall have in place within 2 years of enactment 

17 of this Act a plan for assuring that the inventory is sold 

18 and replaced in a manner that assures the integrity of the 

19 product at all times. The Secretary shall have the author20 ity to exchange an aging supply of reserve gasoline 

21 through private sales or by utilizing the fuel for military 

22 or government use. The Secretary shall seek the best 

23 means to minimize transaction expense. 


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1 (e) REQUESTS FOR EMERGENCY SALE AUTHORIZA2 TION.—The Secretary of Energy shall sell gasoline from 

3 the Gasoline Reserve if— 

4 (1) the Governor of an affected State submits 

5 a written request that— 

6 (A) provides sufficient evidence that the 

7 sale or supply of gasoline in the region in which 

8 such State is located has been severely dis9 rupted, caused by, but not limited to, an inter10 ruption in the normal distribution or availability 

11 of gasoline which dramatically affects the price 

12 of gasoline; and 

13 (B) provides sufficient evidence that the 

14 State would experience further adverse effects 

15 without the sale of gasoline from the Gasoline 

16 Reserve; and 

17 (2) the President issues an Executive order re18 quiring immediate release from any or all Gasoline 

19 Reserves at any time that the President determines 

20 that the conditions specified in paragraph (1)(A) are 

21 satisfied. 

22 (f) PROCEDURE.— 

23 (1) SECRETARY’S RESPONSE.—The Secretary of 

24 Energy shall respond to a request transmitted under 

25 subsection (e) within 7 days of receipt of a request 


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1 through a written response, regardless of the deci2 sion. 

3 (2) ADDITIONAL INFORMATION.—The Secretary 

4 may request additional information if the Secretary 

5 concludes there are insufficient reasons provided for 

6 the sale of gasoline from the Gasoline Reserve sys7 tem. 

8 (g) PURCHASE.—The Secretary of Energy is author9 ized to conduct purchases and sales of gasoline at whole10 sale for maintenance of the Gasoline Reserve system. In 

11 conducting these transactions, the Secretary shall— 

12 (1) ensure that the overall supply returns to a 

13 minimum 90 percent capacity in a timely manner 

14 following a sizeable depletion due to an emergency; 

15 and 

16 (2) assess market conditions to avoid, to the ex17 tent possible, when prices appear to be at higher lev18 els unlikely to be sustained, or when purchases of 

19 gasoline are likely to significantly raise gasoline 

20 prices in the market served by a particular Gasoline 

21 Reserve for purchases consistent with the need for 

22 timely replenishment of the Reserve after emergency 

23 or nonemergency sales. 

24 (h) ANNUAL REPORT.—At a specified date as deter25 mined by the Secretary of Energy, the Secretary shall subVerDate Nov 24 2008 23:04 Jun 25, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3008.IH H3008

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1 mit to the President, the Committee on Energy and Com2 merce of the House of Representatives, and to the Com3 mittee on Energy and Natural Resources of the Senate 

4 a report on the status of the Strategic Gasoline Reserve 

5 outlining the Reserve’s current capacity, emergency sales 

6 from the previous year, any security threats in the pre7 vious year, and the current condition of the storage facili8 ties. The Secretary shall also in the report include any 

9 recommendations for improvements in the efficiency of the 

10 purchase, transportation, sale, and storage of gasoline in 

11 the Gasoline Reserves. 

12 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary of En14 ergy such sums as may be necessary for construction and 

15 operation of the Gasoline Reserve system for fiscal years 

16 2009 through 2015. 

Æ 


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