42 U.S.C. § 6243 — Drawdown and sale of petroleum products

**(a) Power of Secretary** The Secretary may drawdown and sell petroleum products in the Reserve only in accordance with the provisions of this section. **(b) , (c) Repealed. Pub. L. 106–469, title I, § 103(15)(C), Nov. 9, 2000, 114 Stat. 2031** **(d) Presidential finding prerequisite to drawdown and sale** (1) Drawdown and sale of petroleum products from the Strategic Petroleum Reserve may not be made unless the President has found drawdown and sale are required by a severe energy supply interruption or by obligations of the United States under the international energy program. (2) For purposes of this section, in addition to the circumstances set forth in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), a severe energy supply interruption shall be deemed to exist if the President determines that— (A) an emergency situation exists and there is a significant reduction in supply which is of significant scope and duration; (B) a severe increase in the price of petroleum products has resulted from such emergency situation; and (C) such price increase is likely to cause a major adverse impact on the national economy. **(e) Sales procedures** (1) The Secretary shall sell petroleum products withdrawn from the Strategic Petroleum Reserve at public sale to the highest qualified bidder in the amounts, for the period, and after a notice of sale considered appropriate by the Secretary, and without regard to Federal, State, or local regulations controlling sales of petroleum products. (2) The Secretary may cancel in whole or in part any offer to sell petroleum products as part of any drawdown and sale under this section. **(f) Repealed. Pub. L. 106–469, title I, § 103(15)(C), Nov. 9, 2000, 114 Stat. 2031** **(g) Directive to carry out test drawdown and sale** (1) The Secretary shall conduct a continuing evaluation of the drawdown and sales procedures. In the conduct of an evaluation, the Secretary is authorized to carry out a test drawdown and sale or exchange of petroleum products from the Reserve. Such a test drawdown and sale or exchange may not exceed 5,000,000 barrels of petroleum products. (2) Repealed. Pub. L. 106–469, title I, § 103(15)(F)(ii), Nov. 9, 2000, 114 Stat. 2031. (3) At least part of the crude oil that is sold or exchanged under this subsection shall be sold or exchanged to or with entities that are not part of the Federal Government. (4) The Secretary may not sell any crude oil under this subsection at a price less than that which the Secretary determines appropriate and, in no event, at a price less than 95 percent of the sales price, as estimated by the Secretary, of comparable crude oil being sold in the same area at the time the Secretary is offering crude oil for sale in such area under this subsection. (5) The Secretary may cancel any offer to sell or exchange crude oil as part of any test under this subsection if the Secretary determines that there are insufficient acceptable offers to obtain such crude oil. (6) In the case of a sale of any petroleum products under this subsection, the Secretary shall, to the extent funds are available in the SPR Petroleum Account as a result of such sale, acquire petroleum products for the Reserve within the 12-month period beginning after completion of the sale. (7) Rules, regulations, or orders issued in order to carry out this subsection which have the applicability and effect of a rule as defined in [section 551(4) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/4&num=0&edition=prelim) shall not be subject to the requirements of subchapter II of chapter 5 of such title or to [section 6393 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6393&num=0&edition=prelim). (8) **Notice to congress.—** (A) *Prior notice.—* — Not less than 14 days before the date on which a test is carried out under this subsection, the Secretary shall notify both Houses of Congress of the test. (B) *Emergency.—* — The prior notice requirement in subparagraph (A) shall not apply if the Secretary determines that an emergency exists which requires a test to be carried out, in which case the Secretary shall notify both Houses of Congress of the test as soon as possible. (C) *Detailed description.—* (i) *In general.—* — Not later than 180 days after the date on which a test is completed under this subsection, the Secretary shall submit to both Houses of Congress a detailed description of the test. (ii) *Report.—* — A detailed description submitted under clause (i) may be included as part of a report made to the President and Congress under [section 6245 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6245&num=0&edition=prelim). **(h) Prevention or reduction of adverse impact of severe domestic energy supply interruptions** (1) If the President finds that— (A) a circumstance, other than those described in subsection (d), exists that constitutes, or is likely to become, a domestic or international energy supply shortage of significant scope or duration; (B) action taken under this subsection would assist directly and significantly in preventing or reducing the adverse impact of such shortage; (C) the Secretary has found that action taken under this subsection will not impair the ability of the United States to carry out obligations of the United States under the international energy program; and (D) the Secretary of Defense has found that action taken under this subsection will not impair national security, then the Secretary may, subject to the limitations of paragraph (2), draw down and sell petroleum products from the Strategic Petroleum Reserve. (2) Petroleum products from the Reserve may not be drawn down under this subsection— (A) in excess of an aggregate of 30,000,000 barrels with respect to each such shortage; (B) for more than 60 days with respect to each such shortage; (C) if there are fewer than 252,400,000 barrels of petroleum product stored in the Reserve; or (D) below the level of an aggregate of 252,400,000 barrels of petroleum product stored in the Reserve. (3) During any period in which there is a drawdown and sale of the Reserve in effect under this subsection, the Secretary shall transmit a monthly report to the Congress containing an account of the drawdown and sale of petroleum products under this subsection and an assessment of its effect. (4) In no case may the drawdown under this subsection be extended beyond 60 days with respect to any domestic energy supply shortage. **(i) Exchange of withdrawn products** Notwithstanding any other law, the President may permit any petroleum products withdrawn from the Strategic Petroleum Reserve in accordance with this section to be sold and delivered for refining or exchange outside of the United States, in connection with an arrangement for the delivery of refined petroleum products to the United States. **(j) Purchases from Strategic Petroleum Reserve by entities in insular areas of United States and Freely Associated States** (1) **Definitions** — In this subsection: (A) *Binding offer* — The term “binding offer” means a bid submitted by the State of Hawaii for an assured award of a specific quantity of petroleum product, with a price to be calculated pursuant to paragraph (2) of this subsection, that obligates the offeror to take title to the petroleum product without further negotiation or recourse to withdraw the offer. (B) *Category of petroleum product* — The term “category of petroleum product” means a master line item within a notice of sale. (C) *Eligible entity* — The term “eligible entity” means an entity that owns or controls a refinery that is located within the State of Hawaii. (D) *Full tanker load* — The term “full tanker load” means a tanker of approximately 700,000 barrels of capacity, or such lesser tanker capacity as may be designated by the State of Hawaii. (E) *Insular area* — The term “insular area” means the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Freely Associated States of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (F) *Offering* — The term “offering” means a solicitation for bids for a quantity or quantities of petroleum product from the Strategic Petroleum Reserve as specified in the notice of sale. (G) *Notice of sale* — The term “notice of sale” means the document that announces— (i) the sale of Strategic Petroleum Reserve products; (ii) the quantity, characteristics, and location of the petroleum product being sold; (iii) the delivery period for the sale; and (iv) the procedures for submitting offers. (2) **In general** — In the case of an offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve— (A) the State of Hawaii, in addition to having the opportunity to submit a competitive bid, may— (i) submit a binding offer, and shall on submission of the offer, be entitled to purchase a category of a petroleum product specified in a notice of sale at a price equal to the volumetrically weighted average of the successful bids made for the remaining quantity of the petroleum product within the category that is the subject of the offering; and (ii) submit one or more alternative offers, for other categories of the petroleum product, that will be binding if no price competitive contract is awarded for the category of petroleum product on which a binding offer is submitted under clause (i); and (B) at the request of the Governor of the State of Hawaii, a petroleum product purchased by the State of Hawaii at a competitive sale or through a binding offer shall have first preference in scheduling for lifting. (3) **Limitation on quantity** (A) *In general* — In administering this subsection, in the case of each offering, the Secretary may impose the limitation described in subparagraph (B) or (C) that results in the purchase of the lesser quantity of petroleum product. (B) *Portion of quantity of previous imports* — The Secretary may limit the quantity of a petroleum product that the State of Hawaii may purchase through a binding offer at any offering to 1/12 of the total quantity of imports of the petroleum product brought into the State during the previous year (or other period determined by the Secretary to be representative). (C) *Percentage of offering* — The Secretary may limit the quantity that may be purchased through binding offers at any offering to 3 percent of the offering. (4) **Adjustments** (A) *In general* — Notwithstanding any limitation imposed under paragraph (3), in administering this subsection, in the case of each offering, the Secretary shall, at the request of the Governor of the State of Hawaii, or an eligible entity certified under paragraph (7), adjust the quantity to be sold to the State of Hawaii in accordance with this paragraph. (B) *Upward adjustment* — The Secretary shall adjust upward to the next whole number increment of a full tanker load if the quantity to be sold is— (i) less than 1 full tanker load; or (ii) greater than or equal to 50 percent of a full tanker load more than a whole number increment of a full tanker load. (C) *Downward adjustment* — The Secretary shall adjust downward to the next whole number increment of a full tanker load if the quantity to be sold is less than 50 percent of a full tanker load more than a whole number increment of a full tanker load. (5) **Delivery to other locations** — The State of Hawaii may enter into an exchange or a processing agreement that requires delivery to other locations, if a petroleum product of similar value or quantity is delivered to the State of Hawaii. (6) **Standard sales provisions** — Except as otherwise provided in this chapter, the Secretary may require the State of Hawaii to comply with the standard sales provisions applicable to purchasers of petroleum products at competitive sales. (7) **Eligible entities** (A) *In general* — Subject to subparagraphs (B) and (C) and notwithstanding any other provision of this paragraph, if the Governor of the State of Hawaii certifies to the Secretary that the State has entered into an agreement with an eligible entity to carry out this chapter, the eligible entity may act on behalf of the State of Hawaii to carry out this subsection. (B) *Limitation* — The Governor of the State of Hawaii shall not certify more than one eligible entity under this paragraph for each notice of sale. (C) *Barred company* — If the Secretary has notified the Governor of the State of Hawaii that a company has been barred from bidding (either prior to, or at the time that a notice of sale is issued), the Governor shall not certify the company under this paragraph. (8) **Supplies of petroleum products** — At the request of the Governor of an insular area, the Secretary shall, for a period not to exceed 180 days following a drawdown of the Strategic Petroleum Reserve, assist the insular area or the President of a Freely Associated State in its efforts to maintain adequate supplies of petroleum products from traditional and nontraditional suppliers.