What This Bill Does
This bill changes how the Strategic Petroleum Reserve (a government stockpile of oil for emergencies) gets filled and emptied. It requires that only oil produced or refined in the United States goes into the reserve, and it limits what countries the government can buy oil from. The bill also directs the government to study creating a new reserve for crude oil and natural gas in remote areas.
Who It Affects
The Secretary of Energy carries out most requirements in this bill. The Secretaries of Agriculture, Interior and Defense consult on certain decisions. Oil companies and foreign countries that supply oil could be affected by the new restrictions.
Key Provisions
• Only petroleum products produced or refined in the United States can be put into the Strategic Petroleum Reserve starting when this law takes effect. (Sec. 2(a))
• The Secretary of Energy cannot fill the reserve with oil from 15 specific countries including Russia, Iran, Venezuela, Saudi Arabia and others, and cannot buy oil from any other country unless the Secretary certifies to Congress that the U.S. has exhausted all ways to increase domestic oil production. (Sec. 3(a))
• Oil sold from the Strategic Petroleum Reserve cannot be exported to countries designated as countries of particular concern for religious freedom violations. (Sec. 4)
• State-owned companies buying oil from the reserve must certify they have not bought oil from countries under U.S. bans or sanctions within 15 days after those bans or sanctions start. (Sec. 4)
• The Secretary of Energy must study whether to create a "Remote Crude Oil and Natural Gas Reserve" in Alaska and near qualified opportunity zones and report findings to Congress within 180 days. (Sec. 5)
What Changes
If this becomes law, the government can only purchase American-made oil for its emergency reserve instead of buying from other countries. Companies bidding to buy oil released from the reserve must follow new rules about where they send the oil and must prove they are not breaking U.S. sanctions. The government must also investigate creating a new oil and gas storage system in remote U.S. locations.
Important Definitions
The bill defines "covered country" as Algeria, Angola, Democratic Republic of the Congo, Equatorial Guinea, Gabon, Iran, Iraq, Kuwait, Libya, Nigeria, People's Republic of China, Russian Federation, Saudi Arabia, United Arab Emirates and Venezuela. (Sec. 3(a))
The bill defines "production" as not including the refining of a petroleum product. (Sec. 3(a))
Effective Date
The requirement to fill the reserve only with U.S.-produced or refined petroleum products takes effect on the date this law is enacted. The Secretary of Energy must issue regulations within 180 days of enactment. The study on creating a Remote Crude Oil and Natural Gas Reserve must be submitted to Congress within 180 days of enactment.
II
118TH CONGRESS
1ST SESSION
S. 337
To amend the Energy Policy and Conservation Act to require that the
Strategic Petroleum Reserve contain petroleum products produced or
refined in the United States, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mr. SULLIVAN introduced the following bill; which was read twice and referred
to the Committee on Energy and Natural Resources
A BILL
To amend the Energy Policy and Conservation Act to require
that the Strategic Petroleum Reserve contain petroleum
products produced or refined in the United States, and
for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Replenishing Our
4
American Reserves Act’’ or the ‘‘ROAR Act’’.
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•S 337 IS
SEC. 2. PRIORITIZING DOMESTIC PETROLEUM PRODUCTS
1
FOR REFILL OF THE STRATEGIC PETROLEUM
2
RESERVE.
3
(a) IN GENERAL.—Section 160(c) of the Energy Pol-
4
icy and Conservation Act (42 U.S.C. 6240(c)) is amend-
5
ed—
6
(1) in the first sentence of the matter preceding
7
paragraph (1), by inserting ‘‘products’’ after ‘‘petro-
8
leum’’;
9
(2) in paragraph (5), by striking ‘‘and’’ after
10
the semicolon;
11
(3) by redesignating paragraph (6) as para-
12
graph (7); and
13
(4) by inserting after paragraph (5) the fol-
14
lowing:
15
‘‘(6) effective on the date of enactment of the
16
ROAR Act, ensure that only petroleum products
17
that have been produced or refined in the United
18
States are acquired and injected into the Reserve;
19
and’’.
20
(b) REGULATION UPDATES.—Not later than 180
21
days after the date of enactment of this Act, the Secretary
22
of Energy shall promulgate appropriate regulations to up-
23
date procedures for the acquisition of petroleum products
24
for the Strategic Petroleum Reserve in accordance with
25
the amendments made by this section.
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•S 337 IS
SEC. 3. LIMITATION ON THE IMPORT OF PETROLEUM
1
PRODUCTS FROM CERTAIN COUNTRIES.
2
(a) IN GENERAL.—Section 160 of the Energy Policy
3
and Conservation Act (42 U.S.C. 6240) is amended—
4
(1) by redesignating subsections (f) and (h) as
5
subsections (d) and (e), respectively; and
6
(2) by adding at the end the following:
7
‘‘(f) LIMITATION ON FILLING THE STRATEGIC PE-
8
TROLEUM RESERVE.—
9
‘‘(1) DEFINITIONS.—In this subsection:
10
‘‘(A) COVERED COUNTRY.—The term ‘cov-
11
ered country’ means—
12
‘‘(i) Algeria;
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‘‘(ii) Angola;
14
‘‘(iii) The Democratic Republic of the
15
Congo;
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‘‘(iv) Equatorial Guinea;
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‘‘(v) Gabon;
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‘‘(vi) Iran;
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‘‘(vii) Iraq;
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‘‘(viii) Kuwait;
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‘‘(ix) Libya;
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‘‘(x) Nigeria;
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‘‘(xi) The People’s Republic of China;
24
‘‘(xii) The Russian Federation;
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‘‘(xiii) Saudi Arabia;
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•S 337 IS
‘‘(xiv) United Arab Emirates; and
1
‘‘(xv) Venezuela.
2
‘‘(B) PRODUCTION.—The term ‘produc-
3
tion’, with respect to a petroleum product, does
4
not include the refining of that petroleum prod-
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uct.
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‘‘(2) LIMITATION.—The Strategic Petroleum
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Reserve may not be filled with a petroleum product
8
imported from—
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‘‘(A) a covered country; or
10
‘‘(B) a foreign country other than a cov-
11
ered country, unless the Secretary submits to
12
Congress a certification that all means of in-
13
creasing production of petroleum products in
14
the United States has been exhausted, includ-
15
ing—
16
‘‘(i) increasing the availability of Fed-
17
eral land for leasing; and
18
‘‘(ii) increasing the number of applica-
19
tions for permits to drill; and
20
‘‘(3) CONSULTATION.—In carrying out para-
21
graph (2), the Secretary shall consult with—
22
‘‘(A) the Secretary of Agriculture;
23
‘‘(B) the Secretary of the Interior; and
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‘‘(C) the Secretary of Defense.’’.
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•S 337 IS
(b) CONFORMING AMENDMENTS.—Section 167 of the
1
Energy Policy and Conservation Act (42 U.S.C. 6247) is
2
amended—
3
(1) in subsection (b)(3), by striking ‘‘section
4
160(f)’’ and inserting ‘‘section 160(d)’’; and
5
(2) in subsection (d), in the matter preceding
6
paragraph (1), by striking ‘‘section 160(f)’’ and in-
7
serting ‘‘section 160(d)’’.
8
SEC. 4. PROHIBITION ON EXPORT AND SALE OF STRATEGIC
9
PETROLEUM RESERVE PRODUCTS.
10
Section 161(i) of the Energy Policy and Conservation
11
Act (42 U.S.C. 6241(i)) is amended—
12
(1) by striking ‘‘(i) Notwithstanding any other
13
law’’ and inserting the following:
14
‘‘(i) REFINE OR EXCHANGE OUTSIDE THE UNITED
15
STATES.—
16
‘‘(1) IN GENERAL.—Notwithstanding any other
17
provision of law and subject to paragraphs (2) and
18
(3)’’; and
19
(2) by inserting after paragraph (1) (as so des-
20
ignated) the following:
21
‘‘(2) PROHIBITION ON EXPORT OF STRATEGIC
22
PETROLEUM
RESERVE
PETROLEUM
PRODUCTS.—
23
Notwithstanding any other provision of law, with re-
24
spect to the drawdown and sale at auction of petro-
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•S 337 IS
leum products from the Strategic Petroleum Reserve
1
under this section after the date of enactment of this
2
paragraph, the Secretary shall require as a condition
3
of the sale that the petroleum products shall not be
4
exported to a country that is designated as a coun-
5
try of particular concern for religious freedom under
6
section 402(b)(1)(A)(ii) of the International Reli-
7
gious
Freedom
Act
of
1998
(22
U.S.C.
8
6442(b)(1)(A)(ii)).
9
‘‘(3) REQUIREMENTS APPLICABLE TO CERTAIN
10
STATE-OWNED
ENTITIES.—Notwithstanding
any
11
other provision of law, with respect to the drawdown
12
and sale at auction of petroleum products from the
13
Strategic Petroleum Reserve under this section after
14
the date of enactment of this paragraph, if the Sec-
15
retary determines that there is in effect a United
16
States ban on, or the imposition of sanctions by the
17
United States with respect to, the purchase of crude
18
oil from 1 or more countries, the Secretary shall not
19
sell petroleum products to a State-owned entity par-
20
ticipating in the auction unless that State-owned en-
21
tity submits to the Secretary a certification that the
22
State-owned entity has not purchased any petroleum
23
products from a country subject to such a ban or
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•S 337 IS
sanctions after the date that is 15 days after the
1
date on which the ban or sanctions took effect.’’.
2
SEC. 5. STUDY ON REMOTE CRUDE OIL AND NATURAL GAS
3
RESERVE.
4
(a) IN GENERAL.—Not later than 180 days after the
5
date of enactment of this Act, the Secretary of Energy
6
shall prepare and submit to Congress a report regarding
7
the feasibility of establishing a reserve, to be known as
8
the ‘‘Remote Crude Oil and Natural Gas Reserve’’, subject
9
to subsections (b) and (c), consisting of crude oil and nat-
10
ural gas to be acquired and stored by the United States,
11
in place, pursuant to a contract or other agreement or ar-
12
rangement between the United States and an individual
13
or entity that discovered the oil or gas in a remote area
14
described in subsection (c).
15
(b) PURPOSE.—The purpose of the Remote Crude Oil
16
and Natural Gas Reserve shall be—
17
(1) consistent with the purposes described in
18
section 2 of the Energy Policy and Conservation Act
19
(42 U.S.C. 6201); and
20
(2) to ensure—
21
(A) the long-term capability to increase the
22
energy supply of the United States and allies of
23
the United States; and
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•S 337 IS
(B) to the maximum extent practicable,
1
that energy costs remain affordable for United
2
States consumers.
3
(c) LOCATIONS.—The Remote Crude Oil and Natural
4
Gas Reserve shall include facilities located in, as applica-
5
ble—
6
(1) the State of Alaska; and
7
(2) any other area of the United States in close
8
proximity to a qualified opportunity zone designated
9
under section 1400Z–1 of the Internal Revenue
10
Code of 1986.
11
Æ
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