REFINE Act
Bill: H.R.8766 | Sponsor: Rep. Chabot, Steve (R-OH)
Policy area: Energy

Summary:
Reserving Energy For Independence and Empowerment Act or the REFINE Act
This bill sets forth provisions to limit the sale and export of petroleum products from the Strategic Petroleum Reserve (SPR), increase energy production from energy producers in the United States, and make related requirements.
Specifically, the bill requires the Department of Energy (DOE) to issue regulations prohibiting the export of petroleum products (e.g., crude oil) sold from the SPR to (1) any country that is subject to a U.S. arms embargo as specified by the bill, (2) any country that is a state sponsor of terrorism, and (3) any entity that is owned by China.
Before DOE may sell, exchange, or loan crude oil from the SPR, DOE must first develop a plan to increase the percentage of federal land (including submerged land of the Outer Continental Shelf) leased for oil and gas production by the same percentage as the percentage of petroleum in the SPR that is to be drawn down.
In addition, the President must rescind the Executive Order titled Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis.
The President must also direct federal agencies to (1) identify and repeal any of their regulations that have the intent or effect of substantially reducing the energy independence of the United States, and (2) issue regulations and guidance to reduce the regulatory burden for energy producers in the United States and to increase the energy output by those producers.

To require the Secretary of Energy to conduct studies relating to 
  Strategic Petroleum Reserve levels, to amend the Energy Policy and 
 Conservation Act with respect to such Reserve, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reserving Energy For Independence 
and Empowerment Act'' or the ``REFINE Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The Strategic Petroleum Reserve was created through the 
        Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.) to 
        address ``severe energy supply interruptions'' and provided the 
        executive branch authority to draw down these reserves provided 
        that specific conditions are met.
            (2) According to the U.S. Energy Information 
        Administration's Annual Energy Outlook 2022, petroleum and 
        natural gas will remain the most-consumed sources of energy in 
        the United States through 2050.
            (3) As of August 19, 2022, the Strategic Petroleum Reserve 
        fell to 453.1 million barrels, from a maximum capacity of 714 
        million barrels, which is the lowest level since 1985.
            (4) Emergency sales in 2022 from the Strategic Petroleum 
        Reserve were purchased by Unipec, a subsidiary of Chinese oil 
        giant Sinopec, and delivered to the People's Republic of China, 
        the principle strategic competitor to the United States.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) continuing to limit energy production in the United 
        States will only provide further leverage and funding for our 
        adversaries and continue to weaken global security; and
            (2) the energy independence of the United States is 
        critical to national security and should include the production 
        of all available energy sources, including coal, natural gas, 
        oil, nuclear, and renewables, as well as strategic minerals 
        critical to electric vehicles and other clean energy sources.

SEC. 3. STRATEGIC PETROLEUM RESERVE LEVELS AND EMERGENCY SALES.

    (a) Studies and Assessment.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Energy shall submit to 
        the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate a report containing--
                    (A) the results of a study of metrics that may be 
                used for determining the adequacy of the amounts of 
                petroleum products stored in the Strategic Petroleum 
                Reserve to support United States energy security 
                objectives, taking into consideration gross crude oil 
                imports, net crude oil imports, and refining capacity 
                and utilization, and a determination of which such 
                metrics are the most appropriate for such purpose;
                    (B) the results of a study and analysis of domestic 
                crude oil refining capacity (including technical 
                configuration of refineries, downstream charge 
                capacity, and atmospheric crude distillation units) and 
                issues relating to aging infrastructure that would 
                inhibit the ability to meet production demand, and any 
                recommendations for improvements; and
                    (C) an assessment of acquisition procedures and 
                identification of any provisions of Federal law or 
                regulation that either limit or prohibit accelerated 
                replenishment of the Strategic Petroleum Reserve 
                necessary to maintain and support United States energy 
                security objectives.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.
    (b) Prohibition.--
            (1) In general.--The Energy Policy and Conservation Act is 
        amended by inserting after section 163 (42 U.S.C. 6243) the 
        following:

``SEC. 164. PROHIBITION ON EXPORTS.

    ``(a) In General.--Notwithstanding section 101(b) of division O of 
the Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a(b)), the 
Secretary shall issue regulations prohibiting the export of petroleum 
products drawn down and sold from the Strategic Petroleum Reserve to--
            ``(1) any country that is--
                    ``(A) subject to a United States arms embargo, as 
                specified in list D:5 of Country Group D in Supplement 
                No. 1 to part 740 of title 15, Code of Federal 
                Regulations; or
                    ``(B) a state sponsor of terrorism; and
            ``(2) any entity that is wholly or partially owned by the 
        People's Republic of China.
    ``(b) Definition.--In this section, the term `state sponsor of 
terrorism' means a country the government of which has repeatedly 
provided support for international terrorism pursuant to--
            ``(1) section 1754(c)(1)(A) of the Export Control Reform 
        Act of 2018 (50 U.S.C. 4813(c)(1)(A));
            ``(2) section 620A of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2371);
            ``(3) section 40 of the Arms Export Control Act (22 U.S.C. 
        2780); or
            ``(4) any other applicable provision of law.''.
            (2) Conforming amendments.--
                    (A) Drawdown and sale of petroleum products.--
                Section 161(a) of the Energy Policy and Conservation 
                Act (42 U.S.C. 6241(a)) is amended by inserting ``and 
                section 164'' before the period at the end.
                    (B) Clerical amendment.--The table of contents for 
                the Energy Policy and Conservation Act is amended by 
                inserting after the item relating to section 163 the 
                following:

``Sec. 164. Prohibition on exports.''.

SEC. 4. DOMESTIC PRODUCTION RESPONSE PLAN.

    Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 
6241) is amended by adding at the end the following:
    ``(k) Plan.--
            ``(1) In general.--Except in the case of a severe energy 
        supply interruption described in subsection (d), the Secretary 
        may not execute the first drawdown of petroleum products in the 
        Reserve after the date of enactment of this subsection, whether 
        through sale, exchange, or loan, until the Secretary has 
        developed a plan to increase the percentage of Federal land 
        (including submerged land of the outer Continental Shelf) under 
        the jurisdiction of the Secretary of Agriculture, the Secretary 
        of Energy, the Secretary of the Interior, and the Secretary of 
        Defense leased for oil and gas production by the same 
        percentage as the percentage of petroleum in the Strategic 
        Petroleum Reserve that is to be drawn down in that first 
        drawdown and subsequent drawdowns.
            ``(2) Consultation.--The Secretary shall prepare the plan 
        under paragraph (1) in consultation with the Secretary of 
        Agriculture, the Secretary of the Interior, and the Secretary 
        of Defense.''.

SEC. 5. EXECUTIVE AND AGENCY ACTION.

    On the date of enactment of this Act, the President shall--
            (1) rescind Executive Order 13990 (86 Fed. Reg. 7037; 
        relating to protecting public health and the environment and 
        restoring science to tackle the climate crisis); and
            (2) direct each Federal agency (including the Council on 
        Environmental Quality) to, not later than 120 days after the 
        date of enactment of this Act--
                    (A) identify and repeal any regulation promulgated 
                by the Federal agency that has the intent or effect of 
                substantially reducing the energy independence of the 
                United States; and
                    (B) issues regulations and guidance to--
                            (i) reduce the regulatory burden for energy 
                        producers in the United States; and
                            (ii) increase the energy output by those 
                        producers.
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