Certification of supply shortage period

(a) In general The Secretary of Energy shall certify a supply shortage period for purposes of this Act if the Secretary of Energy determines that 1 or more of the following conditions exists: (1) The average retail price of gasoline, diesel fuel, home heating oil, or natural gas for residential, commercial, industrial, agricultural, or electric generation use exceeds the 5-year average price for such fuel by more than 15 percent for a period of not fewer than 30 consecutive days. (2) Domestic inventories of crude oil, petroleum products, or natural gas are below the 5-year seasonal average for a period of not fewer than 30 consecutive days. (3) Domestic production of crude oil, natural gas, condensate, or natural gas liquids is constrained by insufficient permitting, leasing, transportation, gathering, processing, or field-service capacity. (4) The President has declared an energy emergency, fuel supply emergency, national emergency affecting energy markets, or other emergency that materially affects the availability or cost of covered energy commodities. (5) The Secretary of Energy determines that additional domestic production of covered energy commodities would materially reduce the risk of shortage, price escalation, or regional supply disruption. (b) Duration A certification by the Secretary of Energy under subsection (a) shall remain in effect for 180 days unless terminated earlier under subsection (d). (c) Extension The Secretary of Energy may extend a certification under subsection (a) for additional periods of not more than 180 days if the Secretary of Energy determines that the conditions described in that subsection continue to exist. (d) Termination The Secretary of Energy may terminate a supply shortage period if the Secretary of Energy determines that the conditions described in subsection (a) no longer exist. (e) Publication A certification, extension, or termination under this section shall be published in the Federal Register. (f) Savings clause A certification under this section does not authorize any activity that is otherwise prohibited by Federal law, except to the extent expressly provided in this Act.