I 
109TH CONGRESS 
2D SESSION 
H. R. 5365 
To provide for the establishment of a Strategic Refinery Reserve. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 11, 2006 
Mr. BOUCHER (for himself and Mr. DINGELL) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To provide for the establishment of a Strategic Refinery 
Reserve. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. REFINERIES. 
Title I of the Energy Policy and Conservation Act 
is amended by adding at the end the following new part: 
‘‘PART V—REFINERIES 
‘‘SEC. 191. STRATEGIC REFINERY RESERVE. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and operate a Strategic Refinery Reserve in the 
United States. The Secretary may design and construct 
VerDate Aug 31 2005 
00:29 May 14, 2006
Jkt 049196
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5365.IH
H5365
ccoleman on PROD1PC71 with BILLS
new refineries, or acquire closed refineries and reopen 
them, to carry out this section. 
‘‘(b) OPERATION.—The Secretary shall operate refin-
eries in the Strategic Refinery Reserve for the following 
purposes: 
‘‘(1) During any period described in subsection 
(c), to provide petroleum products to the general 
public. 
‘‘(2) To provide petroleum products to the Fed-
eral Government, including the Department of De-
fense, as well as State governments and political 
subdivisions thereof who choose to purchase refined 
petroleum products from the Strategic Refinery Re-
serve. 
‘‘(c) EMERGENCY PERIODS.—The Secretary shall 
make petroleum products from the Strategic Refinery Re-
serve available under subsection (b)(1) only— 
‘‘(1) during a severe energy supply interruption, 
within the meaning of such term under part B; or 
‘‘(2) if the President determines that there is a 
regional petroleum product supply shortage of sig-
nificant scope and duration and that action taken 
under subsection (b)(1) would assist directly and 
significantly in reducing the adverse impact of such 
shortage. 
VerDate Aug 31 2005 
00:29 May 14, 2006
Jkt 049196
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5365.IH
H5365
ccoleman on PROD1PC71 with BILLS
‘‘(d) LOCATIONS.—In determining the location of a 
refinery for the Strategic Refinery Reserve, the Secretary 
shall take into account the following factors: 
‘‘(1) Impact on the local community (deter-
mined after requesting and receiving comments from 
State, county or parish, and municipal governments, 
and the public). 
‘‘(2) Regional vulnerability to a natural dis-
aster. 
‘‘(3) Regional vulnerability to terrorist attacks. 
‘‘(4) Proximity to the Strategic Petroleum Re-
serve. 
‘‘(5) Accessibility to energy infrastructure. 
‘‘(6) The need to minimize adverse public 
health and environmental impacts. 
‘‘(7) The energy needs of the Federal Govern-
ment, including the Department of Defense. 
‘‘(e) INCREASED CAPACITY.—The Secretary shall en-
sure that refineries in the Strategic Refinery Reserve are 
designed to enable a rapid increase in production capacity 
during periods described in subsection (c). 
‘‘(f) IMPLEMENTATION PLAN.—Not later than 6 
months after the date of enactment of this section, the 
Secretary shall transmit to the Congress a plan for the 
establishment and operation of the Strategic Refinery Re-
VerDate Aug 31 2005 
00:29 May 14, 2006
Jkt 049196
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5365.IH
H5365
ccoleman on PROD1PC71 with BILLS
serve under this section. Such plan shall provide for estab-
lishing, within 2 years after the date of enactment of this 
section, and maintaining a capacity for the Reserve equal 
to 5 percent of the total United States daily demand for 
gasoline, home heating oil, and other refined petroleum 
products. If the Secretary finds that achieving such capac-
ity within 2 years is not feasible, the Secretary shall ex-
plain in the plan the reasons therefor, and shall include 
provisions for achieving such capacity as soon as prac-
ticable. Such plan shall also provide for adequate delivery 
systems capable of providing Strategic Refinery Reserve 
product to the entities described in subsection (b)(2). 
‘‘(g) COMPLIANCE WITH FEDERAL ENVIRONMENTAL 
REQUIREMENTS.—Nothing in this section shall affect any 
requirement to comply with Federal or State environ-
mental or other law. 
‘‘SEC. 192. REFINERY CLOSING REPORTS. 
‘‘(a) CLOSING REPORTS.—The owner or operator of 
a refinery in the United States shall notify the Secretary 
at least 6 months in advance of permanently closing the 
refinery, and shall include in such notice an explanation 
of the reasons for the proposed closing. 
‘‘(b) REPORTS
TO CONGRESS.—The Secretary, in 
consultation with the Federal Trade Commission, shall 
promptly report to the Congress any report received under 
VerDate Aug 31 2005 
00:29 May 14, 2006
Jkt 049196
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5365.IH
H5365
ccoleman on PROD1PC71 with BILLS
subsection (a), along with an analysis of the effects the 
proposed closing would have on petroleum product prices, 
competition in the refining industry, the national economy, 
regional economies and regional supplies of refined petro-
leum products, and United States energy security.’’. 
Æ 
VerDate Aug 31 2005 
00:29 May 14, 2006
Jkt 049196
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H5365.IH
H5365
ccoleman on PROD1PC71 with BILLS