‘‘SEC. 168. USE OF UNDERUTILIZED FACILITIES. 
‘‘(a) AUTHORITY.—Notwithstanding any other provi-
sion of this title, the Secretary may establish and carry 
out a program to lease underutilized Strategic Petroleum 
Reserve storage facilities and related facilities to the pri-
vate sector, or a foreign government or its representative. 
Petroleum products stored under this section are not part 
of the Strategic Petroleum Reserve. 
‘‘(b) PROTECTION OF FACILITIES.—Any lease en-
tered into under the program established under subsection 
(a) shall contain provisions providing for fees to fully com-
pensate the United States for all related costs of storage 
and removals of petroleum products (including the propor-
tionate cost of replacement facilities necessitated as a re-
sult of any withdrawals) incurred by the United States 
as a result of such lease. 
‘‘(c) ACCESS BY THE UNITED STATES.—The Sec-
retary shall ensure that leasing of facilities under the pro-
gram established under subsection (a) does not impair the 
ability of the United States to withdraw, distribute, or sell 
petroleum products from the Strategic Petroleum Reserve 
in response to an energy emergency or to the obligations 
of the United States under the Agreement on an Inter-
national Energy Program. 
‘‘(d) NATIONAL SECURITY.—The Secretary shall en-
sure that leasing of facilities under the program estab-
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lished under subsection (a) to a foreign government or its 
representative will not impair national security. 
‘‘(e) DEPOSITS OF AMOUNTS RECEIVED.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), amounts received through the leasing of 
facilities under the program established under sub-
section (a) shall be deposited in the general fund of 
the Treasury during the fiscal year in which such 
amounts are received. 
‘‘(2) COSTS.—The Secretary may use for costs 
described in subsection (b), without further appro-
priation, amounts received through the leasing of fa-
cilities under the program established under sub-
section (a).’’. 
SEC. 3. PILOT PROGRAM TO LEASE STRATEGIC PETRO-
LEUM RESERVE FACILITIES. 
(a) IN GENERAL.—Part B of title I of the Energy 
Policy and Conservation Act (42 U.S.C. 6231 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 170. PILOT PROGRAM TO LEASE STORAGE AND RE-
LATED FACILITIES. 
‘‘(a) ESTABLISHMENT.—In carrying out section 168 
and not later than 180 days after the date of enactment 
of the Strategic Petroleum Reserve Reform Act, the Sec-
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retary shall establish and carry out a pilot program to 
make available for lease— 
‘‘(1) capacity for storage of up to 200,000,000 
barrels of petroleum products at Strategic Petroleum 
Reserve storage facilities; and 
‘‘(2) related facilities. 
‘‘(b) CONTENTS.—In carrying out the pilot program 
established under subsection (a), the Secretary shall— 
‘‘(1) identify appropriate Strategic Petroleum 
Reserve storage facilities and related facilities to 
lease, in order to make maximum use of such facili-
ties; 
‘‘(2) identify and implement any changes to fa-
cilities or facility operations necessary to so lease 
such facilities, including any such changes necessary 
to ensure the long-term structural viability and use 
of the facilities for purposes of this part and part C; 
‘‘(3) make such facilities available for lease; and 
‘‘(4) identify environmental effects, including 
benefits, of leasing storage facilities and related fa-
cilities. 
‘‘(c) REPORT.—Not later than 1 year after the date 
of enactment of the Strategic Petroleum Reserve Reform 
Act, the Secretary shall submit to Congress a report on 
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the status of the pilot program established under sub-
section (a).’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy and Conservation Act is 
amended by adding after the item relating to section 169 
the following: 
‘‘Sec. 170. Pilot program to lease storage and related facilities.’’. 
Æ 
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