CHAPTER 77 —ENERGY CONSERVATION
SUBCHAPTER I—DOMESTIC SUPPLY AVAILABILITY
Part A—Domestic Supply
Part B—Strategic Petroleum Reserve
Part C—Authority To Contract for Petroleum Product Not Owned by United States
Part D—Northeast Home Heating Oil Reserve
Part E—Expiration
SUBCHAPTER II—STANDBY ENERGY AUTHORITIES
Part A—General Emergency Authorities
Part B—Authorities With Respect to International Energy Program
Part C—Summer Fill and Fuel Budgeting Programs
Part D—Expiration
SUBCHAPTER III—IMPROVING ENERGY EFFICIENCY
Part A—Energy Conservation Program for Consumer Products Other Than Automobiles
Part A–1—Certain Industrial Equipment
Part B—State Energy Conservation Plans
Part C—Industrial Energy Efficiency
Part D—Other Federal Energy Conservation Measures
Part E—Energy Conservation Program for Schools and Hospitals
Part F—Energy Conservation Program for Buildings Owned by Units of Local Government and Public Care Institutions
Part G—Off-Highway Motor Vehicles
Part H—Encouraging Use of Alternative Fuels
SUBCHAPTER IV—GENERAL PROVISIONS
Part A—Energy Data Base and Energy Information
Part B—General Provisions
Part C—Congressional Review
§6201. Congressional statement of purpose
The purposes of this chapter are—
(1) to grant specific authority to the President to fulfill obligations of the United States under the international energy program;
(2) to provide for the creation of a Strategic Petroleum Reserve capable of reducing the impact of severe energy supply interruptions;
(3) Repealed.
(4) to conserve energy supplies through energy conservation programs, and, where necessary, the regulation of certain energy uses;
(5) to provide for improved energy efficiency of motor vehicles, major appliances, and certain other consumer products;
(6) Repealed.
(7) to provide a means for verification of energy data to assure the reliability of energy data; and
(8) to conserve water by improving the water efficiency of certain plumbing products and appliances.
(
References in Text
This chapter, referred to in introductory clause, was in the original "this Act", meaning
Amendments
2000—Par. (1).
Par. (3).
Par. (6).
1992—Par. (8).
Short Title of 2018 Amendment
Short Title of 2017 Amendment
Short Title of 2014 Amendment
Short Title of 2012 Amendment
Short Title of 2000 Amendment
Short Title of 1998 Amendment
Short Title of 1994 Amendment
Short Title of 1990 Amendment
Short Title of 1988 Amendment
Short Title of 1987 Amendment
Short Title of 1985 Amendment
Short Title of 1984 Amendment
Short Title of 1982 Amendment
Short Title of 1981 Amendment
Short Title
National Oilheat Research Alliance
"SEC. 701. SHORT TITLE.
"This title may be cited as the 'National Oilheat Research Alliance Act of 2000'.
"SEC. 702. FINDINGS.
"Congress finds that—
"(1) oilheat fuel is an important commodity relied on by approximately 30,000,000 Americans as an efficient and economical energy source for commercial and residential space and hot water heating;
"(2) oilheat fuel equipment operates at efficiencies among the highest of any space heating energy source, reducing fuel costs and making oilheat fuel an economical means of space heating;
"(3) the production, distribution, and marketing of oilheat fuel and oilheat fuel equipment plays a significant role in the economy of the United States, accounting for approximately $12,900,000,000 in expenditures annually and employing millions of Americans in all aspects of the oilheat fuel industry;
"(4) only very limited Federal resources have been made available for oilheat fuel research, development, safety, training, and education efforts, to the detriment of both the oilheat fuel industry and its 30,000,000 consumers;
"(5) the cooperative development, self-financing, and implementation of a coordinated national oilheat fuel industry program of research and development, training, and consumer education is necessary and important for the welfare of the oilheat fuel industry, the general economy of the United States, and the millions of Americans that rely on oilheat fuel for commercial and residential space and hot water heating;
"(6) consumers of oilheat fuel fuel [sic] are provided service by thousands of small businesses that are unable to individually develop training programs to facilitate the entry of new and qualified workers into the oilheat fuel fuel [sic] industry;
"(7) small businesses and trained employees are in an ideal position—
"(A) to provide information to consumers about the benefits of improved efficiency; and
"(B) to encourage consumers to value efficiency in energy choices and assist individuals in conserving energy;
"(8) additional research is necessary—
"(A) to improve oilheat fuel fuel [sic] equipment; and
"(B) to develop domestic renewable resources that can be used to safely and affordably heat homes;
"(9) since there are no Federal resources available to assist the oilheat fuel fuel [sic] industry, it is necessary and appropriate to develop a self-funded program dedicated—
"(A) to improving efficiency in customer homes;
"(B) to assist individuals to gain employment in the oilheat fuel fuel [sic] industry; and
"(C) to develop domestic renewable resources;
"(10) both consumers of oilheat fuel fuel [sic] and retailers would benefit from the self-funded program; and
"(11) the oilheat fuel fuel [sic] industry is committed to providing appropriate funding necessary to carry out the purposes of this title without passing additional costs on to residential consumers.
"SEC. 703. DEFINITIONS.
"In this title:
"(1)
"(2)
"(3)
"(A) the net present value of economic benefits over the life of the program or activity, including avoided supply and delivery costs and deferred or avoided investments; is greater than
"(B) the net present value of the economic costs over the life of the program or activity, including program costs and incremental costs borne by the energy consumer.
"(4)
"(A) entitles each party or its customers to receive oilheat fuel from the other party; and
"(B) requires only an insubstantial portion of the volumes involved in the exchange to be settled in cash or property other than the oilheat fuel.
"(5)
"(6)
"(7)
"(8)
"(A) is—
"(i) No. 1 distillate;
"(ii) No. 2 dyed distillate;
"(iii) a liquid blended with No. 1 distillate or No. 2 dyed distillate; or
"(iv) a biobased liquid; and
"(B) is used as a fuel for nonindustrial commercial or residential space or hot water heating.
"(9)
"(A)
"(i) persons in the production, transportation, or sale of oilheat fuel; and
"(ii) persons engaged in the manufacture or distribution of oilheat fuel utilization equipment.
"(B)
"(10)
"(11)
"(12)
"(13)
"(14)
"(15)
"(A)(i) produces No. 1 distillate or No. 2 dyed distillate;
"(ii) imports No. 1 distillate or No. 2 dyed distillate; or
"(iii) transports No. 1 distillate or No. 2 dyed distillate across State boundaries or among local marketing areas; and
"(B) sells the distillate to another person that does not produce, import, or transport No. 1 distillate or No. 2 dyed distillate across State boundaries or among local marketing areas.
"(16)
"SEC. 704. REFERENDA.
"(a)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(5)
"(A)
"(B)
"(6)
"(7)
"(b)
"(c)
"(1)
"(2)
"(3)
"(d)
"SEC. 705. MEMBERSHIP.
"(a)
"(1)
"(A)
"(B)
"(2)
"(3)
"(A)
"(B)
"(b)
"(1) interstate and intrastate operators among retail marketers;
"(2) wholesale distributors of No. 1 distillate and No. 2 dyed distillate;
"(3) large and small companies among wholesale distributors and retail marketers; and
"(4) diverse geographic regions of the country.
"(c)
"(1)
"(A) 1 member representing each State participating in the Alliance.
"(B) 5 representatives of retail marketers, of whom 1 shall be selected by each of the qualified State associations of the 5 States with the highest volume of annual oilheat fuel sales.
"(C) 5 additional representatives of retail marketers.
"(D) 21 representatives of wholesale distributors.
"(E) 6 public members, who shall be representatives of significant users of oilheat fuel, the oilheat fuel research community, State energy officials, or other groups with expertise in oilheat fuel, including consumer and low-income advocacy groups.
"(2)
"(d)
"(e)
"(1)
"(2)
"(3)
"(4)
"SEC. 706. FUNCTIONS.
"(a)
"(1)
"(A) shall develop programs and projects and enter into contracts or other agreements with other persons and entities for implementing this title, including programs—
"(i) to enhance consumer and employee safety and training;
"(ii) to provide for research, development, and demonstration of clean and efficient oilheat fuel utilization equipment; and
"(iii) for consumer education; and
"(B) may provide for the payment of the costs of carrying out subparagraph (A) with assessments collected under section 707.
"(2)
"(3)
"(A)
"(B)
"(i)
"(I) all activities incidental to research, development, and demonstration of clean and efficient oilheat fuel utilization equipment, including research to develop renewable fuels and to examine the compatibility of different renewable fuels with oilheat fuel utilization equipment, with priority given to research on the development and use of advanced biofuels; and
"(II) the obtaining of patents, including payment of attorney's fees for making and perfecting a patent application.
"(ii)
"(b)
"(1) research, development, and demonstration;
"(2) safety;
"(3) consumer education; and
"(4) training.
"(c)
"(1)
"(A) shall select from among its members a chairperson and other officers as necessary;
"(B) may establish and authorize committees and subcommittees of the Alliance to take specific actions that the Alliance is authorized to take; and
"(C) shall adopt bylaws for the conduct of business and the implementation of this title.
"(2)
"(3)
"(4)
"(d)
"(1)
"(2)
"(A)
"(B)
"(e)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(i)
"(ii)
"(f)
"(1)
"(A) keep records that clearly reflect all of the acts and transactions of the Alliance; and
"(B) make the records available to the public.
"(2)
"(A)
"(B)
"(C)
"(i)
"(ii)
"(g)
"(1)
"(2)
"(3)
"(h)
"(1) includes a description of all programs, projects, and contracts and other agreements undertaken by the Alliance during the previous year and those planned for the current year; and
"(2) details the allocation of Alliance resources for each such program and project.
"SEC. 707. ASSESSMENTS.
"(a)
"(b)
"(1)
"(2)
"(A) shall be responsible for payment of an assessment to the Alliance on a quarterly basis; and
"(B) shall provide to the Alliance certification of the volume of fuel sold.
"(3)
"(4)
"(A)
"(B)
"(5)
"(A) shall be responsible for payment of the assessment to the Alliance at the point at which the product enters the United States; and
"(B) shall provide to the Alliance certification of the volume of fuel imported.
"(6)
"(7)
"(8)
"(c)
"(d)
"(1) in obligations of the United States or any agency of the United States;
"(2) in general obligations of any State or any political subdivision of a State;
"(3) in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System; or
"(4) in obligations fully guaranteed as to principal and interest by the United States.
"(e)
"(1)
"(2)
"(A)
"(i)
"(ii)
"(I)
"(II)
"(aa) specify the amount of funds requested;
"(bb) describe in detail the specific uses for which the requested funds are sought;
"(cc) include a commitment to comply with this title in using the requested funds; and
"(dd) be made publicly available.
"(III)
"(IV)
"(aa) monitor the use of funds provided under this clause; and
"(bb) impose whatever terms, conditions, and reporting requirements that the Alliance considers necessary to ensure compliance with this title.
"(B)
"(f)
"(1)
"(2)
"(A)
"(B)
"(C)
"(D)
"(i)
"(ii)
"(I) provide information on the environmental benefits, economic benefits, and any technical limitations on the use of biofuels in oilheat fuel utilization equipment; and
"(II) describe market acceptance of the fuel, and information on State and local governments that are encouraging the use of biofuels in oilheat fuel utilization equipment.
"(iii)
"(I) Congress;
"(II) the Governor of each State, and other appropriate State leaders, in which the Alliance is operating; and
"(III) the Administrator of the Environmental Protection Agency.
"(E)
"(3)
"(A)
"(B)
"(i)
"(ii)
"(iii)
"(C)
"(4)
"(A)
"(i) to make cost-effective upgrades to more fuel efficient heating oil systems or otherwise make cost-effective modifications to an existing heating system to improve the efficiency of the system;
"(ii) to improve energy efficiency or reduce energy consumption through cost-effective energy efficiency programs for consumers; or
"(iii) to improve the safe operation of a heating system.
"(B)
"(C)
"(i)
"(I) the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (
"(II) the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (
"(III) other energy efficiency programs administered by the State or other parties in the State.
"(ii)
"(I) distributed equitably to States based on the proportional contributions of the States through collected assessments;
"(II) used to supplement (and not supplant) State or alternative sources of funding for energy efficiency programs; and
"(III) used only to carry out this paragraph.
"(5)
"(A) to conduct consumer education activities relating to oilheat fuel, including providing information to consumers on—
"(i) energy conservation strategies;
"(ii) safety;
"(iii) new technologies that reduce consumption or improve safety and comfort;
"(iv) the use of biofuels blends; and
"(v) Federal, State, and local programs designed to assist oilheat fuel consumers;
"(B) to conduct worker safety and training activities relating to oilheat fuel, including energy efficiency training (including classes to obtain Building Performance Institute or Residential Energy Services Network certification);
"(C) to carry out other activities recommended by the Secretary; or
"(D) to the maximum extent practicable, a data collection process established, in collaboration with the Secretary or other appropriate Federal agencies, to track equipment, service, and related safety issues and to develop measures to improve safety.
"(6)
"(A)
"(i) administrative costs; or
"(ii) indirect costs incurred in carrying out paragraphs (1) through (5).
"(B)
"(7)
"(A)
"(i)
"(ii)
"(I) advancements made in energy-efficient heating systems and biofuel heating oil blends; and
"(II) heating system upgrades and modifications and energy efficiency programs funded under this section.
"(iii)
"(I)
"(II)
"(B)
"(C)
"SEC. 708. LIMITATION ON OBLIGATION OF FUNDS.
"(a)
"(1) 75 percent of the amount of assessments estimated to be collected under section 707 in that calendar year;
"(2) 75 percent of the amount of assessments actually collected under section 707 in the most recent calendar year for which an audit report has been submitted under section 706(f)(2)(B) as of the beginning of the calendar year for which the amount that may be obligated is being determined, less the estimate made pursuant to paragraph (1) for that most recent calendar year; and
"(3) amounts permitted in preceding calendar years to be obligated pursuant to this subsection that have not been obligated.
"(b)
"(c)
"(1)
"(2)
"(A) deposited in the escrow account; and
"(B) unavailable for obligation for the duration of the covered period.
"(d)
"(e)
"SEC. 709. COMPLIANCE.
"(a)
"(b)
"SEC. 710. LOBBYING RESTRICTIONS.
"(a)
"(b)
"(1)
"(2)
"SEC. 711. DISCLOSURE.
"Any consumer education activity undertaken with funds provided by the Alliance shall include a statement that the activities were supported, in whole or in part, by the Alliance.
"SEC. 712. VIOLATIONS.
"(a)
"(1) a reference to a private brand name;
"(2) a false or unwarranted claim on behalf of oilheat fuel or related products; or
"(3) a reference with respect to the attributes or use of any competing product.
"(b)
"(1)
"(2)
"(3)
"(A) the complaint is withdrawn; or
"(B) a court determines that the conduct of the activity complained of does not constitute a violation of subsection (a).
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A) the complaint is withdrawn; or
"(B) the court has determined that the consumer education activity complained of does not constitute a violation of subsection (a).
"(e)
"(1)
"(2)
"(f)
"(g)
"(1) notify Congress of the noncompliance; and
"(2) provide notice of the noncompliance on the Alliance website.
"SEC. 713. SUNSET.
"This title shall cease to be effective as of the date that is 28 years after the date on which the Alliance is established."
Ex. Ord. No. 11912. Delegation of Authorities
Ex. Ord. No. 11912, April 13, 1976, 41 F.R. 15825, as amended by Ex. Ord. No. 12003, July 20, 1977, 42 F.R. 37523; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 4323 Ex. Ord. No. 12375, Aug. 4, 1982, 47 F.R. 34105; Ex. Ord. No. 12919, §904(a)(7), June 3, 1994, 59 F.R. 29533, provided:
By virtue of the authority vested in me by the Constitution and the statutes of the United States of America, including the Energy Policy and Conservation Act (
(b) The Administrator of General Services shall also promulgate rules which will ensure that each class of nonpassenger automobiles acquired by all Executive agencies in each fiscal year achieves a fleet average fuel economy that is not less than the average fuel economy standard for uch class, established pursuant to Section 502(b) of the Motor Vehicle Information and Cost Savings Act, as amended (
(c) In performing these functions, the Administrator of General Services shall consult with the Secretary of Transportation and the Secretary of Energy.
(b) The Secretary of Energy shall prepare, with the assistance of the heads of appropriate agencies, for the President's consideration, the annual reports provided by section 381(c) of the Energy Policy and Conservation Act (
(a) Section 251 of the Energy Policy and Conservation Act (
(b) Section 253(c) of the Energy Policy and Conservation Act (
(c) Section 254(a) of the Energy Policy and Conservation Act (
(d) Section 254(b) of the Energy Policy and Conservation Act (
(e) Section 523(a)(2)(A) of the Energy Policy and Conservation Act (
[
(2) The goals established in subsection (b) shall apply to the following categories of Federally-owned buildings: (i) office buildings, (ii) hospitals, (iii) schools, (iv) prison facilities, (v) multi-family dwellings, (vi) storage facilities, and (vii) such other categories of buildings for which the Administrator determines the establishment of energy-efficiency performance goals is feasible.
(b) The Secretary shall establish requirements and procedures, which shall be observed by each agency unless a waiver is granted by the Secretary, designed to ensure that each agency to the maximum extent practicable aims to achieve the following goals:
(1) For the total of all Federally-owned existing buildings the goal shall be a reduction of 20 percent in the average annual energy use per gross square foot of floor area in 1985 from the average energy use per gross square foot of floor area in 1975. This goal shall apply to all buildings for which construction was or design specifications were completed prior to the date of promulgation of the guidelines pursuant to subsection (d) of this Section.
(2) For the total of all Federally-owned new buildings the goal shall be a reduction of 45 percent in the average annual energy requirement per gross square foot of floor area in 1985 from the average annual energy use per gross square foot of floor area in 1975. This goal shall apply to all new buildings for which design specifications are completed after the date of promulgation of the guidelines pursuant to subsection (d) of this Section.
(c) The Secretary with the concurrence of the Director of the Office of Management and Budget, in consultation with the heads of the Executive agencies specified in subsection (a) and the Director of the National Bureau of Standards, shall establish, for purposes of developing the ten-year plan, a practical and effective method for estimating and comparing life cycle capital and operating costs for Federal buildings, including residential, commercial, and industrial type categories. Such method shall be consistent with the Office of Management and Budget Circular No. A–94, and shall be adopted and used by all agencies in developing their plans pursuant to subsection (e), annual reports pursuant to subsection (g), and budget estimates pursuant to subsection (h). For purposes of this paragraph, the term "life cycle cost" means the total costs of owning, operating, and maintaining a building over its economic life, including its fuel and energy costs, determined on the basis of a systematic evaluation and comparison of alternative building systems. [References to National Bureau of Standards deemed to refer to National Institute of Standards and Technology pursuant to section 5115(c) of
(d) Not later than November 1, 1977, the Secretary, with the concurrence of the Director of the Office of Management and Budget, and after consultation with the Administrator of General Services and the heads of the Executive agencies specified in subsection (a) shall issue guidelines for the plans to be submitted pursuant to subsection (e).
(e)(1) The head of each Executive agency that maintains any existing building or will maintain any new building shall submit no later than six months after the issuance of guidelines pursuant to subsection (d), to the Secretary a ten-year plan designed to the maximum extent practicable to meet the goals in subsection (b) for the total of existing or new Federal buildings. Such ten-year plans shall only consider improvements that are cost-effective consistent with the criteria established by the Director of the Office of Management and Budget (OMB Circular A–94) and the method established pursuant to subsection (c) of this Section. The plan submitted shall specify appropriate energy-saving initiatives and shall estimate the expected improvements by fiscal year in terms of specific accomplishments—energy savings and cost savings—together with the estimated costs of achieving the savings.
(2) The plans submitted shall, to the maximum extent practicable, include the results of preliminary energy audits of all existing buildings with over 30,000 gross square feet of space owned and maintained by Executive agencies. Further, the second annual report submitted under subsection (g)(2) of this Section shall, to the maximum extent practicable, include the results of preliminary energy audits of all existing buildings with more than 5,000 but not more than 30,000 gross square feet of space. The purpose of such preliminary energy audits shall be to identify the type, size, energy use level and major energy using systems of existing Federal buildings.
(3) The Secretary shall evaluate agency plans relative to the guidelines established pursuant to subsection (d) for such plans and relative to the cost estimating method established pursuant to subsection (c). Plans determined to be deficient by the Secretary will be returned to the submitting agency head for revision and resubmission within 60 days.
(4) The head of any Executive agency submitting a plan, should he disagree with the Secretary's determination with respect to that plan, may appeal to the Director of the Office of Management and Budget for resolution of the disagreement.
(f) The head of each agency submitting a plan or revised plan determined not deficient by the Secretary or, on appeal, by the Director of the Office of Management and Budget, shall implement the plan in accord with approved budget estimates.
(g)(1) Each Executive agency shall submit to the Secretary an overall plan for conserving fuel and energy in all operations of the agency. This overall plan shall be in addition to and include any ten-year plan for energy conservation in Government buildings submitted in accord with Subsection (e).
(2) By July 1 of each year, each Executive agency shall submit a report to the Secretary on progress made toward achieving the goals established in the overall plan required by paragraph (1) of this subsection. The annual report shall include quantitative measures and accomplishment with respect to energy saving actions taken, the cost of these actions, the energy saved, the costs saved, and other benefits realized.
(3) The Secretary shall prepare a consolidated annual report on Federal government progress toward achieving the goals, including aggregate quantitative measures of accomplishment as well as suggested revisions to the ten-year plan, and submit the report to the President by August 15 of each year.
(h) Each agency required to submit a plan shall submit to the Director of the Office of Management and Budget with the agency's annual budget submission, and in accordance with procedures and requirements that the Director shall establish, estimates for implementation of the agency's plan. The Director of the Office of Management and Budget shall consult with the Secretary about the agency budget estimates.
(i) Each agency shall program its proposed energy conservation improvements of buildings so as to give the highest priority to the most cost-effective projects.
(j) No agency of the Federal government may enter into a lease or a commitment to lease a building the construction of which has not commenced by the effective date of this Order unless the building will likely meet or exceed the general goal set forth in subsection (b)(2).
(k) The provisions of this Section do not apply to housing units repossessed by the Federal Government.
Executive Order No. 12759
Ex. Ord. No. 12759, Apr. 17, 1991, 56 F.R. 16257, as amended by Ex. Ord. No. 12902, §701, Mar. 8, 1994, 59 F.R. 11471, which provided for minimization of petroleum use in Federal facilities, vehicle fuel efficiency outreach programs, and Federal vehicle fuel efficiency, was revoked by Ex. Ord. No. 13123, §604, June 3, 1999, 64 F.R. 30859, formerly set out as a note under
Executive Order No. 12902
Ex. Ord. No. 12902, Mar. 8, 1994, 59 F.R. 11463, which directed executive agencies to implement programs to reduce energy consumption, increase energy efficiency, and conserve water, was revoked by Ex. Ord. No. 13123, §604, June 3, 1999, 64 F.R. 30859, formerly set out as a note under
§6202. Definitions
As used in this chapter:
(1) The term "Secretary" means the Secretary of Energy.
(2) The term "person" includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government and any agency of the United States or any State or political subdivision thereof.
(3) The term "petroleum product" means crude oil, residual fuel oil, or any refined petroleum product (including any natural liquid and any natural gas liquid product).
(4) The term "State" means a State, the District of Columbia, Puerto Rico, the Trust Territory of the Pacific Islands, or any territory or possession of the United States.
(5) The term "United States" when used in the geographical sense means all of the States and the Outer Continental Shelf.
(6) The term "Outer Continental Shelf" has the same meaning as such term has under
(7) The term "international energy program" means the Agreement on an International Energy Program, signed by the United States on November 18, 1974, including (A) the annex entitled "Emergency Reserves", (B) any amendment to such Agreement which includes another nation as a party to such Agreement, and (C) any technical or clerical amendment to such Agreement.
(8) The term "severe energy supply interruption" means a national energy supply shortage which the President determines—
(A) is, or is likely to be, of significant scope and duration, and of an emergency nature;
(B) may cause major adverse impact on national safety or the national economy; and
(C) results, or is likely to result, from (i) an interruption in the supply of imported petroleum products, (ii) an interruption in the supply of domestic petroleum products, or (iii) sabotage, an act of terrorism, or an act of God.
(9) The term "antitrust laws" includes—
(A) the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies", approved July 2, 1890 (
(B) the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (
(C) the Federal Trade Commission Act (
(D) sections 73 and 74 of the Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purpose", approved August 27, 1894 (
(E) the Act of June 19, 1936,
(10) The term "Federal land" means all lands owned or controlled by the United States, including the Outer Continental Shelf, and any land in which the United States has reserved mineral interests, except lands—
(A) held in trust for Indians or Alaska Natives,
(B) owned by Indians or Alaska Natives with Federal restrictions on the title,
(C) within any area of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National System of Trails, or the Wild and Scenic Rivers System, or
(D) within military reservations.
(
References in Text
This chapter, referred to in introductory clause, was in the original "this Act", meaning
Act approved July 2, 1890, referred to in par. (9)(A), is act July 2, 1890, ch. 647,
Act approved October 15, 1914, referred to in par. (9)(B), is act Oct. 15, 1914, ch. 323,
The Federal Trade Commission Act, referred to in par. (9)(C), is act Sept. 26, 1914, ch. 311,
Act of June 19, 1936,
Amendments
2015—Par. (8)(C)(iii).
1990—Par. (8)(C).
1984—Par. (4).
1978—Par. (1).
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
SUBCHAPTER I—DOMESTIC SUPPLY AVAILABILITY
Part A—Domestic Supply
§6211. Repealed. Pub. L. 106–469, title I, §103(1), Nov. 9, 2000, 114 Stat. 2029
Section,
§6212. Repealed. Pub. L. 114–113, div. O, title I, §101(a), Dec. 18, 2015, 129 Stat. 2987
Section,
§6212a. Oil exports, safety valve, and maritime security
(a) Omitted
(b) National policy on oil export restriction
Notwithstanding any other provision of law, except as provided in subsections (c) and (d), to promote the efficient exploration, production, storage, supply, marketing, pricing, and regulation of energy resources, including fossil fuels, no official of the Federal Government shall impose or enforce any restriction on the export of crude oil.
(c) Savings clause
Nothing in this section limits the authority of the President under the Constitution, the International Emergency Economic Powers Act (
(d) Exceptions and presidential authority
(1) In general
The President may impose export licensing requirements or other restrictions on the export of crude oil from the United States for a period of not more than 1 year, if—
(A) the President declares a national emergency and formally notices the declaration of a national emergency in the Federal Register;
(B) the export licensing requirements or other restrictions on the export of crude oil from the United States under this subsection apply to 1 or more countries, persons, or organizations in the context of sanctions or trade restrictions imposed by the United States for reasons of national security by the Executive authority of the President or by Congress; or
(C) the Secretary of Commerce, in consultation with the Secretary of Energy, finds and reports to the President that—
(i) the export of crude oil pursuant to this Act has caused sustained material oil supply shortages or sustained oil prices significantly above world market levels that are directly attributable to the export of crude oil produced in the United States; and
(ii) those supply shortages or price increases have caused or are likely to cause sustained material adverse employment effects in the United States.
(2) Renewal
Any requirement or restriction imposed pursuant to subparagraph (A) of paragraph (1) may be renewed for 1 or more additional periods of not more than 1 year each.
(
References in Text
The International Emergency Economic Powers Act, referred to in subsec. (c), is title II of
The National Emergencies Act, referred to in subsec. (c), is
The Energy Policy and Conservation Act, referred to in subsec. (c), is
The Trading With the Enemy Act, referred to in subsec. (c), is act Oct. 6, 1917, ch. 106,
This Act, referred to in subsec. (d)(1)(C)(i), is div. O of
Codification
Section was enacted as part of the Consolidated Appropriations Act, 2016, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Section is comprised of section 101 of div. O of
1 See References in Text note below.
§6213. Certain lease bidding arrangements prohibited
(a) Promulgation of rule by Secretary of the Interior
The Secretary of the Interior shall, not later than 30 days after December 22, 1975, prescribe and make effective a rule which prohibits the bidding for any right to develop crude oil, natural gas, and natural gas liquids on any lands located on the Outer Continental Shelf by any person if more than one major oil company, more than one affiliate of a major oil company, or a major oil company and any affiliate of a major oil company, has or have a significant ownership interest in such person. Such rule shall define affiliate relationships and significant ownership interests.
(b) Definitions
As used in this section:
(1) The term "major oil company" means any person who, individually or together with any other person with respect to which such person has an affiliate relationship or significant ownership interest, produced during a prior 6–month period specified by the Secretary, an average daily volume of 1,600,000 barrels of crude oil, natural gas liquids equivalents, and natural gas equivalents.
(2) One barrel of natural gas equivalent equals 5,626 cubic feet of natural gas measured at 14.73 pounds per square inch (MSL) and 60 degrees Fahrenheit.
(3) One barrel of natural gas liquids equivalent equals 1.454 barrels of natural gas liquids at 60 degrees Fahrenheit.
(c) Exemptions
The Secretary may, in his discretion, consider a request from any person described in subsection (a) of this section for an exemption from the prohibition of this section. In considering any such request, the Secretary may exempt bidding for leases for lands in any area only if the Secretary finds, on the record after opportunity for an agency hearing, that—
(1) such lands have extremely high cost exploration or development problems; and
(2) exploration and development will not occur on such lands unless such exemption is granted.
Findings of the Secretary under this subsection shall be final, and shall not be invalidated unless found to be arbitrary or capricious.
(d) Unitization of producing fields
This section shall not be construed to prohibit the unitization of producing fields to increase production or maximize ultimate recovery of oil or natural gas, or both.
(e) Report to Congress covering extension of restrictions on joint bidding
The Secretary shall study and report to the Congress, not later than 6 months after December 22, 1975, with respect to the feasibility and desirability of extending the prohibition on joint bidding to—
(1) bidding for any right to develop crude oil, natural gas, and natural gas liquids on Federal lands other than those located on the Outer Continental Shelf; and
(2) bidding for any right to develop coal and oil shale on such lands.
(
Amendments
1978—Subsec. (c).
Transfer of Functions
Functions of Secretary of the Interior to promulgate regulations under this chapter relating to fostering of competition for Federal leases and to implementation of alternative bidding systems authorized for award of Federal leases transferred to Secretary of Energy by
§6214. Repealed. Pub. L. 106–469, title I, §103(3), Nov. 9, 2000, 114 Stat. 2029
Section,
§6215. Major fuel burning stationary source
(a) Restrictions on issuance of orders or rules by Governor pursuant to section 7425 of this title
No Governor of a State may issue any order or rule pursuant to
(1) prohibiting such source from using fuels other than locally or regionally available coal or coal derivatives, or
(2) requiring such source to enter into a contract (or contracts) for supplies of locally or regionally available coal or coal derivatives.
(b) Petition to President
(1) The Governor of any State may petition the President to exercise the President's authorities pursuant to
(2) Any petition under paragraph (1) shall include documentation which could support a finding that significant local or regional economic disruption or unemployment would result from use by such source of—
(A) coal or coal derivatives other than locally or regionally available coal,
(B) petroleum products,
(C) natural gas, or
(D) any combination of fuels referred to in subparagraphs (A) through (C), to comply with the requirements of a State implementation plan pursuant to
(c) Action to be taken by President
Within 90 days after the submission of a Governor's petition under subsection (b), the President shall either issue an order or rule pursuant to
(1) be consistent with
(2) result in no significant increase in the consumption of energy;
(3) not subject the ultimate consumer to significantly higher energy costs; and
(4) not violate any contractual relationship between such source and any supplier or transporter of fuel to such source.
(d) Effect on authority of President to allocate coal or coal derivatives
Nothing in subsection (a) or (b) of this section shall affect the authority of the President or the Secretary of the Department of Energy to allocate coal or coal derivatives under any provision of law.
(e) Definitions
The terms "major fuel burning stationary source (or class or category thereof)" and "locally or regionally available coal or coal derivatives" shall have the meanings assigned to them for the purposes of
(
Amendments
2000—
§6216. Annual Home Heating Readiness Reports
(a) In general
On or before September 1 of each year, the Secretary, acting through the Administrator of the Energy Information Agency, shall submit to Congress a Home Heating Readiness Report on the readiness of the natural gas, heating oil and propane industries to supply fuel under various weather conditions, including rapid decreases in temperature.
(b) Contents
The Home Heating Readiness Report shall include—
(1) estimates of the consumption, expenditures, and average price per gallon of heating oil and propane and thousand cubic feet of natural gas for the upcoming period of October through March for various weather conditions, with special attention to extreme weather, and various regions of the country;
(2) an evaluation of—
(A) global and regional crude oil and refined product supplies;
(B) the adequacy and utilization of refinery capacity;
(C) the adequacy, utilization, and distribution of regional refined product storage capacity;
(D) weather conditions;
(E) the refined product transportation system;
(F) market inefficiencies; and
(G) any other factor affecting the functional capability of the heating oil industry and propane industry that has the potential to affect national or regional supplies and prices;
(3) recommendations on steps that the Federal, State, and local governments can take to prevent or alleviate the impact of sharp and sustained increases in the price of natural gas, heating oil, and propane; and
(4) recommendations on steps that companies engaged in the production, refining, storage, transportation of heating oil or propane, or any other activity related to the heating oil industry or propane industry, can take to prevent or alleviate the impact of sharp and sustained increases in the price of heating oil and propane.
(c) Information requests
The Secretary may request information necessary to prepare the Home Heating Readiness Report from companies described in subsection (b)(4).
(
§6217. Scientific inventory of oil and gas reserves
(a) In general
The Secretary of the Interior, in consultation with the Secretaries of Agriculture and Energy, shall conduct an inventory of all onshore Federal lands. The inventory shall identify—
(1) the United States Geological Survey estimates of the oil and gas resources underlying these lands;
(2) the extent and nature of any restrictions or impediments to the development of the resources, including—
(A) impediments to the timely granting of leases;
(B) post-lease restrictions, impediments, or delays on development for conditions of approval, applications for permits to drill, or processing of environmental permits; and
(C) permits or restrictions associated with transporting the resources for entry into commerce; and
(3) the quantity of resources not produced or introduced into commerce because of the restrictions.
(b) Regular update
Once completed, the USGS resource estimates and the surface availability data as provided in subsection (a)(2) shall be regularly updated and made publicly available.
(c) Inventory
The inventory shall be provided to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate within 2 years after November 9, 2000.
(d) Assessments
Using the inventory, the Secretary of Energy shall make periodic assessments of economically recoverable resources accounting for a range of parameters such as current costs, commodity prices, technology, and regulations.
(
Codification
Section was enacted as part of the Energy Act of 2000, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Amendments
2005—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (b).
Subsec. (d).
Change of Name
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Part B—Strategic Petroleum Reserve
§6231. Congressional finding and declaration of policy
(a) The Congress finds that the storage of substantial quantities of petroleum products will diminish the vulnerability of the United States to the effects of a severe energy supply interruption, and provide limited protection from the short-term consequences of interruptions in supplies of petroleum products.
(b) It is the policy of the United States to provide for the creation of a Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products to reduce the impact of disruptions in supplies of petroleum products, to carry out obligations of the United States under the international energy program, and for other purposes as provided for in this chapter.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
2000—Subsec. (b).
Study of a Strategic Ethanol Reserve
"(a) The Secretary of Agriculture shall conduct a study of the cost effectiveness, the economic benefits, and the feasibility of establishing, maintaining, and utilizing a Strategic Ethanol Reserve relative to the existing Strategic Petroleum Reserve.
"(b) The study shall be completed within one year after the enactment of this section [Dec. 23, 1985] and shall include, among other considerations—
"(1) the benefits and losses related to the U.S. economy, farm income, employment, government commodity programs, and the trade deficit of utilizing a Strategic Ethanol Reserve, as opposed to the Strategic Petroleum Reserve; and
"(2) the savings from storing ethanol as opposed to storing the amount of CCC-held grain necessary to produce the ethanol.
"(c) If the study shows that the Strategic Ethanol Reserve is cost effective, beneficial to the U.S. economy, and feasible in comparison with the Strategic Petroleum Reserve, the Secretary of Agriculture may establish, maintain, and utilize a Strategic Ethanol Reserve."
Additional Congressional Findings
"(1) the Strategic Petroleum Reserve should be considered a national security asset; and
"(2) enlarging the capacity and filling of the Strategic Petroleum Reserve should be accelerated (to the extent technically and economically practicable) to take advantage of any increased availability of crude oil in the world market from time to time."
§6232. Definitions
As used in this part and part C:
(1) Repealed.
(2) The term "importer" means any person who owns, at the first place of storage, any petroleum product imported into the United States.
(3) Repealed.
(4) The term "interest in land" means any ownership or possessory right with respect to real property, including ownership in fee, an easement, a leasehold, and any subsurface or mineral rights.
(5) The term "readily available inventories" means stocks and supplies of petroleum products which can be distributed or used without affecting the ability of the importer or refiner to operate at normal capacity; such term does not include minimum working inventories or other unavailable stocks.
(6) The term "refiner" means any person who owns, operates, or controls the operation of any refinery.
(7) Repealed.
(8) The term "related facility" means any necessary appurtenance to a storage facility, including pipelines, roadways, reservoirs, and salt brine lines.
(9) The term "Reserve" means the Strategic Petroleum Reserve.
(10) The term "storage facility" means any facility or geological formation which is capable of storing significant quantities of petroleum products.
(11) The term "Strategic Petroleum Reserve" means petroleum products stored in storage facilities pursuant to this part.
(
Amendments
2000—Par. (1).
Par. (3).
Par. (7).
Par. (11).
1990—
§6233. Repealed. Pub. L. 106–469, title I, §103(6), Nov. 9, 2000, 114 Stat. 2030
Section,
§6234. Strategic Petroleum Reserve
(a) Establishment
A Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products shall be created pursuant to this part.
(b) Authority of Secretary
The Secretary, in accordance with this part, shall exercise authority over the development, operation, and maintenance of the Reserve.
(c) to (e) Repealed. Pub. L. 106–469, title I, §103(7)(C), Nov. 9, 2000, 114 Stat. 2030
(f) Purpose of drawdown and distribution; requests for funds for storage
(1) The drawdown and distribution of petroleum products from the Strategic Petroleum Reserve is authorized only under
(2) In the Secretary's annual budget submission, the Secretary shall request funds for acquisition, transportation, and injection of petroleum products for storage in the Reserve. If no requests for funds are made, the Secretary shall provide a written explanation of the reason therefore.
(
Amendments
2000—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (e).
1998—Subsec. (f).
1992—Subsec. (a).
1978—Subsecs. (b), (d).
Strategic Petroleum Reserve Drawdown Plan
§§6235 to 6238. Repealed. Pub. L. 106–469, title I, §103(8)–(11), Nov. 9, 2000, 114 Stat. 2030
Section 6235,
Section 6236,
Section 6237,
Section 6238,
§6239. Development, operation, and maintenance of the Reserve
(a) to (e) Repealed. Pub. L. 106–469, title I, §103(13)(A), Nov. 9, 2000, 114 Stat. 2030
(f) Powers of Secretary to develop and operate the Strategic Petroleum Reserve
In order to develop, operate, or maintain the Strategic Petroleum Reserve, the Secretary may—
(1) issue rules, regulations, or orders;
(2) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities;
(3) construct, purchase, lease, or otherwise acquire storage and related facilities;
(4) use, lease, maintain, sell or otherwise dispose of land or interests in land, or of storage and related facilities acquired under this part, under such terms and conditions as the Secretary considers necessary or appropriate;
(5) acquire, subject to the provisions of
(6) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if those facilities are subject to audit by the United States;
(7) execute any contracts necessary to develop, operate, or maintain the Strategic Petroleum Reserve;
(8) bring an action, when the Secretary considers it necessary, in any court having jurisdiction over the proceedings, to acquire by condemnation any real or personal property, including facilities, temporary use of facilities, or other interests in land, together with any personal property located on or used with the land.
(g) Acquisition of property by negotiation as prerequisite to condemnation
Before any condemnation proceedings are instituted, an effort shall be made to acquire the property involved by negotiation, unless, the effort to acquire such property by negotiation would, in the judgement of the Secretary be futile or so time-consuming as to unreasonably delay the development of the Strategic Petroleum Reserve, because of (1) reasonable doubt as to the identity of the owners, (2) the large number of persons with whom it would be necessary to negotiate, or (3) other reasons.
(h), (i) Repealed. Pub. L. 106–469, title I, §103(13)(D), Nov. 9, 2000, 114 Stat. 2031
(j) Expansion beyond 700,000,000 barrels
If the Secretary determines expansion beyond 700,000,000 barrels of petroleum product inventory is appropriate, the Secretary shall submit a plan for expansion to the Congress.
(k) Exemption from subtitle IV of title 49
A storage or related facility of the Strategic Petroleum Reserve owned by or leased to the United States is not subject to the Interstate Commerce Act.
(l) Rulemaking during drawdown and sale
During a drawdown and sale of Strategic Petroleum Reserve petroleum products, the Secretary may issue implementing rules, regulations, or orders in accordance with
(
References in Text
The Interstate Commerce Act, referred to in subsec. (k), is act Feb. 4, 1887, ch. 104,
Amendments
2000—
Subsecs. (a) to (e).
Subsec. (f).
Subsec. (g).
Subsecs. (h), (i).
Subsec. (j).
Subsec. (l).
1990—Subsecs. (i), (j).
Subsec. (k).
Subsec. (l).
1985—Subsec. (e).
1982—Subsec. (f)(5).
Subsec. (h).
1978—Subsecs. (a)(1), (c), (d), (e)(1), (f), (f)(I), (g).
Energy Security and Infrastructure Modernization Fund
"(a)
"(1) collections deposited in the Fund under subsection (c); and
"(2) amounts otherwise appropriated to the Fund.
"(b)
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A)
"(i) The Strategic Petroleum Reserve is one of the Nation's most valuable energy security assets.
"(ii) The age and condition of the Strategic Petroleum Reserve have diminished its value as a Federal energy security asset.
"(iii) Global oil markets and the location and amount of United States oil production and refining capacity have dramatically changed in the 40 years since the establishment of the Strategic Petroleum Reserve.
"(iv) Maximizing the energy security value of the Strategic Petroleum Reserve requires a modernized infrastructure that meets the drawdown and distribution needs of changed domestic and international oil and refining market conditions.
"(B)
"(i) operational improvements to extend the useful life of surface and subsurface infrastructure;
"(ii) maintenance of cavern storage integrity; and
"(iii) addition of infrastructure and facilities to optimize the drawdown and incremental distribution capacity of the Strategic Petroleum Reserve.
"(e)
"(f)
"(1) an itemization of the amounts of funds necessary to carry out subsection (d); and
"(2) a designation of any activities thereunder for which a multiyear budget authority would be appropriate.
"(g)
§6240. Petroleum products for storage, transport, or exchange
(a) Eligibility of petroleum products
The Secretary may acquire, place in storage, transport, or exchange petroleum products acquired by purchase or exchange.
(b) Objectives in determining manner of acquisition
The Secretary shall, to the greatest extent practicable, acquire petroleum products for the Reserve in a manner consonant with the following objectives:
(1) minimization of the cost of the Reserve;
(2) Repealed.
(3) minimization of the Nation's vulnerability to a severe energy supply interruption;
(4) minimization of the impact of such acquisition upon supply levels and market forces; and
(5) encouragement of competition in the petroleum industry.
(c) Procedures
The Secretary shall develop, with public notice and opportunity for comment, procedures consistent with the objectives of this section to acquire petroleum for the Reserve. Such procedures shall take into account the need to—
(1) maximize overall domestic supply of crude oil (including quantities stored in private sector inventories);
(2) avoid incurring excessive cost or appreciably affecting the price of petroleum products to consumers;
(3) minimize the costs to the Department of the Interior and the Department of Energy in acquiring such petroleum products (including foregone revenues to the Treasury when petroleum products for the Reserve are obtained through the royalty-in-kind program);
(4) protect national security;
(5) avoid adversely affecting current and futures prices, supplies, and inventories of oil; and
(6) address other factors that the Secretary determines to be appropriate.
(d), (e) Repealed. Pub. L. 106–469, title I, §103(14)(D), Nov. 9, 2000, 114 Stat. 2031
(f) Predrawdown diversion
If the Secretary finds that a severe energy supply interruption may be imminent, the Secretary may suspend the acquisition of petroleum product for, and the injection of petroleum product into, the Reserve and may sell any petroleum product acquired for and in transit to, but not injected into, the Reserve.
(g) Repealed. Pub. L. 106–469, title I, §103(14)(D), Nov. 9, 2000, 114 Stat. 2031
(h) Purchase from stripper well properties
(1) If the President finds that declines in the production of oil from domestic resources pose a threat to national energy security, the President may direct the Secretary to acquire oil from domestic production of stripper well properties for storage in the Strategic Petroleum Reserve. Except as provided in paragraph (2), the Secretary may set such terms and conditions as he deems necessary for such acquisition.
(2) Crude oil purchased by the Secretary pursuant to this subsection shall be by competitive bid. The price paid by the Secretary—
(A) shall take into account the cost of production including costs of reservoir and well maintenance; and
(B) shall not exceed the price that would have been paid if the Secretary had acquired petroleum products of a similar quality on the open market under competitive bid procedures without regard to the source of the petroleum products.
(
Amendments
2013—Subsec. (a).
"(1) crude oil produced from Federal lands
"(2) crude oil which the United States is entitled to receive in kind as royalties from production on Federal lands; and
"(3) petroleum products acquired by purchase, exchange, or otherwise."
2005—Subsec. (c).
2000—Subsec. (a).
Subsec. (a)(1).
Subsec. (b).
Subsec. (b)(2).
Subsecs. (c) to (e).
Subsec. (g).
1995—Subsec. (g)(7).
1992—Subsec. (d)(2).
Subsec. (h).
1990—Subsec. (c)(3).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B).
Subsec. (d)(4).
Subsec. (f).
Subsec. (g).
1986—Subsec. (c)(3).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B).
Subsec. (d)(1)(C).
1985—Subsec. (d)(1)(C).
Subsec. (d)(3).
Subsec. (e)(1)(B).
Subsec. (e)(2).
Subsec. (e)(3), (4).
1982—Subsec. (c).
Subsec. (e)(4).
1981—Subsec. (c).
1980—Subsec. (c).
Subsec. (d).
Subsec. (e).
1978—
Effective Date of 1982 Amendment
Effective Date of 1981 Amendment
Effective Date of 1980 Amendment
Filling Strategic Petroleum Reserve to Capacity
Procedures for Acquisition of Petroleum for Reserve
"(B)
"(C)
"(i) propose the procedures required under the amendment made by subparagraph (A) [amending this section] not later than 120 days after the date of enactment of this Act [Aug. 8, 2005];
"(ii) promulgate the procedures not later than 180 days after the date of enactment of this Act; and
"(iii) comply with the procedures in acquiring petroleum for the Reserve effective beginning on the date that is 180 days after the date of enactment of this Act."
Suspension of Test Program Requirements During Fiscal Year 1994
Study and Report on Oil Leasing and Other Arrangements To Fill SPR to One Billion Barrels
Exchange of Agricultural Products for Crude Oil To Be Delivered to Strategic Petroleum Reserve
Allocation to Strategic Petroleum Reserve of Lower Tier Crude Oil and Federal Royalty Oil; Procedures Applicable, Authorities, Etc.
"(a)(1) In order to carry out the requirement of the amendment made by section 801 of this Act [amending this section and enacting provision set out as a note above] and to carry out the policies and objectives established in sections 151 and 160(b)(1) of the Energy Policy and Conservation Act (
"(2) The authority provided by this subsection shall be in addition to, and shall not be deemed to limit, any other authority available to the President under the Emergency Petroleum Allocation Act of 1973 [
"(3) The President or his delegate may promulgate and make effective rules or orders to implement this subsection without regard to the requirements of section 501 of the Department of Energy Organization Act [
"(b) In addition to the requirement under subsection (a), the President may direct that—
"(1) all or any portion of Federal royalty oil be placed in storage in the Reserve,
"(2) all or any portion of Federal royalty oil be exchanged, directly or indirectly, for other crude oil for storage in the Reserve, or
"(3) all or any portion of the proceeds from the sales of Federal royalty oil be transferred to the account established under subsection (c) for use for the purchase of crude oil for the Reserve, as provided in subsection (c).
"(c)(1) Any proceeds—
"(A) from the sale of entitlements received by the Government under the amendment to the regulation made under subsection (a), and
"(B) to the extent provided in subsection (b), from the sale of Federal royalty oil,
shall be deposited in a special account which the Secretary of the Treasury shall establish on the books of the Treasury of the United States.
"(2)(A) Subject to the provisions of any Act enacted pursuant to section 660 of the Department of Energy Organization Act [
"(B) Amounts in such account attributable to the proceeds from the sale of entitlements under the amendment to the regulation under subsection (a) are hereby appropriated for fiscal year 1981 for acquisition of crude oil for the Strategic Petroleum Reserve pursuant to subsection (a).
"(d) For purposes of this section—
"(1) the terms 'entitlements', 'crude oil', and 'allocation' shall have the same meaning as those terms have as used in the Emergency Petroleum Allocation Act of 1973 [
"(2) the term 'lower tier crude oil' means crude oil which is subject to the price ceiling established under section 212.73 of title 10, Code of Federal Regulations;
"(3) the term 'Federal royalty oil' means crude oil which the United States is entitled to receive in kind as royalties from production on Federal land (as such term is defined in section 3(10) of the Energy Policy and Conservation Act (
"(4) the term 'proceeds from the sale of Federal royalty oil' means that portion of the amounts deposited into the Treasury of the United States from the sale of Federal royalty oil which is not otherwise required to be disposed of (other than as miscellaneous receipts) pursuant to (A) the provisions of section 35 of the Act of February 25, 1920, as amended (
Rate of Fill of Strategic Petroleum Reserve
Ex. Ord. No. 12231. Strategic Petroleum Reserve
Ex. Ord. No. 12231, Aug. 4, 1980, 45 F.R. 52139, provided:
By the authority vested in me as President of the United States of America by Title VIII of the Energy Security Act (
1–101. The functions vested in the President by Section 160(c) of the Energy Policy and Conservation Act, as amended, are delegated to the Secretary of Energy (
1–102. The functions vested in the President by
1–103. The functions vested in the President by Section 805(a) of the Energy Security Act [section 805(a) of
Jimmy Carter.
§6241. 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
(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.
(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
(8)
(A)
(B)
(C)
(i)
(ii)
(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 340,000,000 barrels of petroleum product stored in the Reserve; or
(D) below the level of an aggregate of 340,000,000 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.
(
References in Text
This chapter, referred to in subsec. (j)(6), (7)(A), was in the original "this Act", meaning
Amendments
2018—Subsec. (h)(1)(C), (D).
Subsec. (h)(2)(C), (D).
2016—Subsec. (h)(2)(C), (D).
2015—Subsec. (g)(8).
2000—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d)(1).
Subsec. (e).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(4).
Subsec. (g)(5).
Subsec. (g)(6).
"(6)(A) The minimum required fill rate in effect for any fiscal year shall be reduced by the amount of any crude oil drawdown from the Reserve under this subsection during such fiscal year.
"(B) In the case of a sale of any crude oil under this subsection, the Secretary shall, to the extent funds are available in the SPR Petroleum Account as a result of such sale, acquire crude oil for the Reserve within the 12-month period beginning after the completion of the sale. Such acquisition shall be in addition to any acquisition of crude oil for the Reserve required as part of a fill rate established by any other provision of law."
Subsec. (g)(8).
Subsec. (h)(1).
Subsec. (h)(1)(C).
Subsec. (h)(2).
Subsec. (h)(3).
1998—Subsec. (j).
1992—Subsec. (d).
Subsec. (h)(1)(A).
1990—Subsec. (g)(1).
Subsec. (h).
Subsec. (i).
1985—Subsec. (b).
Subsec. (g).
1978—Subsecs. (a), (e), (f).
Effective Date of 1998 Amendment
"(1) the date that is 180 days after the date of enactment of this Act [Nov. 13, 1998]; or
"(2) the date that final regulations are issued under subsection (b) [set out as a note below]."
Regulations
"(1)
"(2)
"(A) section 523 of the Energy Policy and Conservation Act (
"(B) section 501 of the Department of Energy Organization Act (
Strategic Petroleum Reserve Drawdown and Sale
Provisions related to drawdown and sale from the Strategic Petroleum Reserve were contained in the following acts:
§6242. Coordination with import quota system
No quantitative restriction on the importation of any petroleum product into the United States imposed by law shall apply to volumes of any such petroleum product imported into the United States for storage in the Reserve.
(
§6243. Records and accounts
(a) Preparation and maintenance
The Secretary may require any person to prepare and maintain such records or accounts as the Secretary, by rule, determines necessary to carry out the purposes of this part.
(b) Audit of operations of storage facility
The Secretary may audit the operations of any storage facility in which any petroleum product is stored or required to be stored pursuant to the provisions of this part.
(c) Access to and inspection of records or accounts and storage facilities
The Secretary may require access to, and the right to inspect and examine, at reasonable times, (1) any records or accounts required to be prepared or maintained pursuant to subsection (a) and (2) any storage facilities subject to audit by the United States under the authority of this part.
(
Amendments
1978—
§6244. Repealed. Pub. L. 106–469, title I, §103(16), Nov. 9, 2000, 114 Stat. 2032
Section,
§6245. Annual report
The Secretary shall report annually to the President and the Congress on actions taken to implement this part. This report shall include—
(1) the status of the physical capacity of the Reserve and the type and quantity of petroleum products in the Reserve;
(2) an estimate of the schedule and cost to complete planned equipment upgrade or capital investment in the Reserve, including upgrades and investments carried out as part of operational maintenance or extension of life activities;
(3) an identification of any life-limiting conditions or operational problems at any Reserve facility, and proposed remedial actions including an estimate of the schedule and cost of implementing those remedial actions;
(4) a description of current withdrawal and distribution rates and capabilities, and an identification of any operational or other limitations on those rates and capabilities;
(5) a listing of petroleum product acquisitions made in the preceding year and planned in the following year, including quantity, price, and type of petroleum;
(6) a summary of the actions taken to develop, operate, and maintain the Reserve;
(7) a summary of the financial status and financial transactions of the Strategic Petroleum Reserve and Strategic Petroleum Reserve Petroleum Accounts for the year;
(8) a summary of expenses for the year, and the number of Federal and contractor employees;
(9) the status of contracts for development, operation, maintenance, distribution, and other activities related to the implementation of this part;
(10) a summary of foreign oil storage agreements and their implementation status;
(11) any recommendations for supplemental legislation or policy or operational changes the Secretary considers necessary or appropriate to implement this part.
(
Amendments
2000—
1995—
1986—Subsec. (a)(1).
1981—
1978—
Effective Date of 1981 Amendment
Amendment by
Reports to Congress on Petroleum Supply Interruptions
"(a)
"(A) examine the equity and efficiency of such reliance,
"(B) distinguish between the impacts of such reliance on various categories of business (including small business and agriculture) and on households of different income levels,
"(C) specify the nature and administration of monetary and fiscal policies that would be followed including emergency tax cuts, emergency block grants, and emergency supplements to income maintenance programs, and
"(D) describe the likely impact on the distribution of petroleum products of State and local laws and regulations (including emergency authorities) affecting the distribution of petroleum products.
Such analysis shall include projections of the effect of the petroleum supply reduction on the price of motor gasoline, home heating oil, and diesel fuel, and on Federal tax revenues, Federal royalty receipts, and State and local tax revenues.
"(2) Within one year after the date of the enactment of this Act [Aug. 3, 1982], the Secretary of Energy shall submit a report to the Congress and the President containing the analysis required by this subsection, including a detailed step-by-step description of the procedures by which the policies specified in paragraph (1)(C) would be accomplished in an emergency, along with such recommendations as the Secretary of Energy deems appropriate.
"(b)
"(1) a description of the foreseeable situations (including selective and general embargoes, sabotage, war, act of God, or accident) which could result in a severe energy supply interruption or obligations of the United States arising under the international energy program necessitating distributions from the Strategic Petroleum Reserve, and
"(2) a description of the strategy or alternative strategies of distribution which could reasonably be used to respond to each situation described under paragraph (1), together with the theory and justification underlying each such strategy.
The description of each strategy under paragraph (2) shall include an explanation of the methods which would likely be used to determine the price and distribution of petroleum products from the Reserve in any such distribution, and an explanation of the disposition of revenues arising from sales of any such petroleum products under the strategy.
"(c)
"(1) an assessment of the ability to transport petroleum products to refiners, distributors, and end users within the regions specified in section 157(a) of such Act;
"(2) the comparative costs of creating and operating Regional Petroleum Reserves for such regions as compared to the costs of continuing current plans for the Strategic Petroleum Reserve; and
"(3) a list of potential sites for Regional Petroleum Reserves.
"(d)
"(e)
§6246. Authorization of appropriations
There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this part and part D, to remain available until expended.
(
Prior Provisions
A prior section 6246,
§6247. SPR Petroleum Account
(a) Establishment
The Secretary of the Treasury shall establish in the Treasury of the United States an account to be known as the "SPR Petroleum Account" (hereinafter in this section referred to as the "Account").
(b) Obligation of funds for acquisition, transportation, and injection of petroleum products into SPR
Amounts in the Account may be obligated by the Secretary of Energy for the acquisition, transportation, and injection of petroleum products into the Strategic Petroleum Reserve, for test sales of petroleum products from the Reserve, and for the drawdown, sale, and delivery of petroleum products from the Reserve—
(1) Repealed.
(2) in the case of any fiscal year, subject to
(3) in the case of any fiscal year, notwithstanding
Funds available to the Secretary of Energy for obligation under this subsection may remain available without fiscal year limitation.
(c) Provision and deposit of funds
The Secretary of the Treasury shall provide and deposit into the Account such sums as may be necessary to meet obligations of the Secretary of Energy under subsection (b).
(d) Off-budgeting procedures
The Account, the deposits and withdrawals from the Account, and the transactions, receipts, obligations, outlays associated with such deposits and withdrawals (including petroleum product purchases and related transactions), and receipts to the United States from the sale of petroleum products in any drawdown and distribution of the Strategic Petroleum Reserve under
(1) shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States; and
(2) shall not be deemed to be budget authority, spending authority, budget outlays, or Federal revenues for purposes of title III of
(
References in Text
Amendments
2000—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (e).
"(1) Except as provided in paragraph (2), nothing in this part shall be construed to limit the Account from being used to meet expenses relating to interim storage facilities for the storage of petroleum products for the Strategic Petroleum Reserve.
"(2) In any fiscal year, amounts in the Account may not be obligated for expenses relating to interim storage facilities in excess of 10 percent of the total amounts in the Account obligated in such fiscal year. If the amount obligated in any fiscal year for interim storage expenses is less than the amount of the 10-percent limit under the preceding sentence for that fiscal year, then the amount of the 10-percent limit applicable in the following fiscal year shall be increased by the amount by which the limit exceeded the amount obligated for such expenses."
1992—Subsec. (d).
1990—Subsec. (b)(3).
Subsec. (d).
1985—Subsec. (b)(3).
Subsec. (d).
1982—Subsec. (e).
Effective Date
Section effective Aug. 13, 1981, see section 1038 of
Transfer of Funds to SPR Petroleum Account for Drawdown and Sale Operations
Acquisition, Transportation, and Injection of Petroleum Products for SPR; Applicability of Subsec. (d)
§6247a. Use of underutilized facilities
(a) Authority
Notwithstanding any other provision of this subchapter, the Secretary, by lease or otherwise, for any term and under such other conditions as the Secretary considers necessary or appropriate, may store in underutilized Strategic Petroleum Reserve facilities petroleum product 1 owned by a foreign government or its representative. Petroleum products stored under this section are not part of the Strategic Petroleum Reserve and may be exported without license from the United States.
(b) Protection of facilities
All agreements entered into pursuant to subsection (a) shall contain provisions providing for fees to fully compensate the United States for all related costs of storage and removals of petroleum products (including the proportionate cost of replacement facilities necessitated as a result of any withdrawals) incurred by the United States on behalf of the foreign government or its representative.
(c) Access to stored oil
The Secretary shall ensure that agreements to store petroleum products for foreign governments or their representatives do not impair the ability of the United States to withdraw, distribute, or sell petroleum products from the Strategic Petroleum Reserve in response to an energy emergency or to the obligations of the United States under the Agreement on an International Energy Program.
(d) Availability of funds
Funds collected through the leasing of Strategic Petroleum Reserve facilities authorized by subsection (a) after September 30, 2007, shall be used by the Secretary of Energy without further appropriation for the purchase of petroleum products for the Strategic Petroleum Reserve.
(
References in Text
This subchapter, referred to in subsec. (a), was in the original "this title", meaning title I of
1 So in original. Probably should be "products".
§6247b. Purchase of oil from marginal wells
(a) In general
From amounts authorized under
(b) Definition of marginal well
The term "marginal well" has the same meaning as the definition of "stripper well property" in
(
Part C—Authority To Contract for Petroleum Product Not Owned by United States
Prior Provisions
A prior part C, consisting of
§6249. Contracting for petroleum product and facilities
(a) In general
Subject to the other provisions of this part, the Secretary may contract—
(1) for storage, in otherwise unused Strategic Petroleum Reserve facilities, of petroleum product not owned by the United States; and
(2) for storage, in storage facilities other than those of the Reserve, of petroleum product either owned or not owned by the United States.
(b) Conditions
(1) Petroleum product stored pursuant to such a contract shall, until the expiration, termination, or other conclusion of the contract, be a part of the Reserve and subject to the Secretary's authority under part B.
(2) The Secretary may enter into a contract for storage of petroleum product under subsection (a) only if—
(A) the Secretary determines (i) that entering into one or more contracts under such subsection would achieve benefits comparable to the acquisition of an equivalent amount of petroleum product, or an equivalent volume of storage capacity, for the Reserve under part B, and (ii) that, because of budgetary constraints, the acquisition of an equivalent amount of petroleum product or volume of storage space for the Reserve cannot be accomplished under part B; and
(B) the Secretary notifies each House of the Congress of the determination and identifies in the notification the location, type, and ownership of storage and related facilities proposed to be included, or the volume, type, and ownership of petroleum products proposed to be stored, in the Reserve, and an estimate of the proposed benefits.
(3) A contract entered into under subsection (a) shall not limit the discretion of the President or the Secretary to conduct a drawdown and sale of petroleum products from the Reserve.
(4) A contract entered into under subsection (a) shall include a provision that the obligation of the United States to make payments under the contract in any fiscal year is subject to the availability of appropriations.
(c) Charge for storage
The Secretary may store petroleum product pursuant to a contract entered into under subsection (a)(1) with or without charge or may pay a fee for its storage.
(d) Duration
Contracts entered into under subsection (a) may be of such duration as the Secretary considers necessary or appropriate.
(e) Binding arbitration
The Secretary may agree to binding arbitration of disputes under any contract entered into under subsection (a).
(f) Availability of funds
The Secretary may utilize such funds as are available in the SPR Petroleum Account to carry out the activities described in subsection (a), and may obligate and expend such funds to carry out such activities, in advance of the receipt of petroleum products.
(
Prior Provisions
A prior section 171 of
Amendments
2000—Subsec. (b)(2)(B).
Subsec. (b)(3).
1992—Subsec. (f).
§6249a. Implementation
(a), (b) Repealed. Pub. L. 106–469, title I, §103(21), Nov. 9, 2000, 114 Stat. 2033
(c) Legal status regarding other law
Petroleum product and facilities contracted for under this part have the same status as petroleum product and facilities owned by the United States for all purposes associated with the exercise of the laws of any State or political subdivision thereof.
(d) Return of product
At such time as the petroleum product contracted for under this part is withdrawn from the Reserve upon the expiration, termination, or other conclusion of the contract, such petroleum product (or the equivalent quantity of petroleum product withdrawn from the Reserve pursuant to the contract) shall be deemed, for purposes of determining the extent to which such product is thereafter subject to any Federal, State, or local law or regulation, not to have left the place where such petroleum product was located at the time it was originally committed to a contract under this part.
(
Amendments
2000—Subsecs. (a), (b).
"(a)
"(b)
§6249b. Repealed. Pub. L. 106–469, title I, §103(22), Nov. 9, 2000, 114 Stat. 2033
Section,
§6249c. Contracts for which implementing legislation is needed
(a) In general
(1) In the case of contracts entered into under this part, and amendments to such contracts, for which implementing legislation will be needed, the Secretary may transmit an implementing bill to both Houses of the Congress.
(2) In the Senate, any such bill shall be considered in accordance with the provisions of this section.
(3) For purposes of this section—
(A) the term "implementing bill" means a bill introduced in either House of Congress with respect to one or more contracts or amendments to contracts submitted to the House of Representatives and the Senate under this section and which contains—
(i) a provision approving such contracts or amendments, or both; and
(ii) legislative provisions that are necessary or appropriate for the implementation of such contracts or amendments, or both; and
(B) the term "implementing revenue bill" means an implementing bill which contains one or more revenue measures by reason of which it must originate in the House of Representatives.
(b) Consultation
The Secretary shall consult, at the earliest possible time and on a continuing basis, with each committee of the House and the Senate that has jurisdiction over all matters expected to be affected by legislation needed to implement any such contract.
(c) Effective date
Each contract and each amendment to a contract for which an implementing bill is necessary may become effective only if—
(1) the Secretary, not less than 30 days before the day on which such contract is entered into, notifies the House of Representatives and the Senate of the intention to enter into such a contract and promptly thereafter publishes notice of such intention in the Federal Register;
(2) after entering into the contract, the Secretary transmits a report to the House of Representatives and to the Senate containing a copy of the final text of such contract together with—
(A) the implementing bill, and an explanation of how the implementing bill changes or affects existing law; and
(B) a statement of the reasons why the contract serves the interests of the United States and why the implementing bill is required or appropriate to implement the contract; and
(3) the implementing bill is enacted into law.
(d) Rules of Senate
Subsections (e) through (h) are enacted by the Congress—
(1) as an exercise of the rulemaking power of the Senate, and as such they are deemed a part of the rules of the Senate but applicable only with respect to the procedure to be followed in the Senate in the case of implementing bills and implementing revenue bills described in subsection (a), and they supersede other rules only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.
(e) Introduction and referral in Senate
(1) On the day on which an implementing bill is transmitted to the Senate under this section, the implementing bill shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself or herself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate.
(2) If the Senate is not in session on the day on which such an agreement is submitted, the implementing bill shall be introduced in the Senate, as provided in the 1 paragraph (1), on the first day thereafter on which the Senate is in session.
(3) Such bills shall be referred by the presiding officer of the Senate to the appropriate committee, or, in the case of a bill containing provisions within the jurisdiction of two or more committees, jointly to such committees for consideration of those provisions within their respective jurisdictions.
(f) Consideration of amendments to implementing bill prohibited in Senate
(1) No amendments to an implementing bill shall be in order in the Senate, and it shall not be in order in the Senate to consider an implementing bill that originated in the House if such bill passed the House containing any amendment to the introduced bill.
(2) No motion to suspend the application of this subsection shall be in order in the Senate; nor shall it be in order in the Senate for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent.
(g) Discharge in Senate
(1) Except as provided in paragraph (3), if the committee or committees of the Senate to which an implementing bill has been referred have not reported it at the close of the 30th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the bill, and it shall be placed on the appropriate calendar.
(2) A vote on final passage of the bill shall be taken in the Senate on or before the close of the 15th day after the bill is reported by the committee or committees to which it was referred or after such committee or committees have been discharged from further consideration of the bill.
(3) The provisions of paragraphs (1) and (2) shall not apply in the Senate to an implementing revenue bill. An implementing revenue bill received from the House shall be, subject to subsection (f)(1), referred to the appropriate committee or committees of the Senate. If such committee or committees have not reported such bill at the close of the 15th day after its receipt by the Senate, such committee or committees shall be automatically discharged from further consideration of such bill and it shall be placed on the calendar. A vote on final passage of such bill shall be taken in the Senate on or before the close of the 15th day after such bill is reported by the committee or committees of the Senate to which it was referred, or after such committee or committees have been discharged from further consideration of such bill.
(4) For purposes of this subsection, in computing a number of days in the Senate, there shall be excluded any day on which the Senate is not in session.
(h) Floor consideration in Senate
(1) A motion in the Senate to proceed to the consideration of an implementing bill shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the Senate on an implementing bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in connection with an implementing bill shall be limited to not more than one hour to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of an implementing bill, allot additional time to any Senator during the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate is not debatable. A motion to recommit an implementing bill is not in order.
(
1 So in original. The word "the" probably should not appear.
Part D—Northeast Home Heating Oil Reserve
Prior Provisions
A prior part D, consisting of
§6250. Establishment
(a) Notwithstanding any other provision of this chapter, the Secretary may establish, maintain, and operate in the Northeast a Northeast Home Heating Oil Reserve. A Reserve established under this part is not a component of the Strategic Petroleum Reserve established under part B of this subchapter. A Reserve established under this part shall contain no more than 2 million barrels of petroleum distillate.
(b) For the purposes of this part—
(1) the term "Northeast" means the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, and New Jersey;
(2) the term "petroleum distillate" includes heating oil and diesel fuel; and
(3) the term "Reserve" means the Northeast Home Heating Oil Reserve established under this part.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Prior Provisions
A prior section 181 of
§6250a. Authority
To the extent necessary or appropriate to carry out this part, the Secretary may—
(1) purchase, contract for, lease, or otherwise acquire, in whole or in part, storage and related facilities, and storage services;
(2) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired under this part;
(3) acquire by purchase, exchange (including exchange of petroleum products from the Strategic Petroleum Reserve or received as royalty from Federal lands), lease, or otherwise, petroleum distillate for storage in the Northeast Home Heating Oil Reserve;
(4) store petroleum distillate in facilities not owned by the United States; and
(5) sell, exchange, or otherwise dispose of petroleum distillate from the Reserve established under this part, including to maintain the quality or quantity of the petroleum distillate in the Reserve or to maintain the operational capability of the Reserve.
(
§6250b. Conditions for release; plan
(a) Finding
The Secretary may sell products from the Reserve only upon a finding by the President that there is a severe energy supply interruption. Such a finding may be made only if he determines that—
(1) a dislocation in the heating oil market has resulted from such interruption; or
(2) a circumstance, other than that described in paragraph (1), exists that constitutes a regional supply shortage of significant scope and duration and that action taken under this section would assist directly and significantly in reducing the adverse impact of such shortage.
(b) Definition
For purposes of this section a "dislocation in the heating oil market" shall be deemed to occur only when—
(1) The price differential between crude oil, as reflected in an industry daily publication such as "Platt's Oilgram Price Report" or "Oil Daily" and No. 2 heating oil, as reported in the Energy Information Administration's retail price data for the Northeast, increases by more than 60 percent over its 5-year rolling average for the months of mid-October through March (considered as a heating season average), and continues for 7 consecutive days; and
(2) The price differential continues to increase during the most recent week for which price information is available.
(c) Continuing evaluation
The Secretary shall conduct a continuing evaluation of the residential price data supplied by the Energy Information Administration for the Northeast and data on crude oil prices from published sources.
(d) Release of petroleum distillate
After consultation with the heating oil industry, the Secretary shall determine procedures governing the release of petroleum distillate from the Reserve. The procedures shall provide that—
(1) the Secretary may—
(A) sell petroleum distillate from the Reserve through a competitive process, or
(B) enter into exchange agreements for the petroleum distillate that results 1 in the Secretary receiving a greater volume of petroleum distillate as repayment than the volume provided to the acquirer;
(2) in all such sales or exchanges, the Secretary shall receive revenue or its equivalent in petroleum distillate that provides the Department with fair market value. At no time may the oil be sold or exchanged resulting in a loss of revenue or value to the United States; and
(3) the Secretary shall only sell or dispose of the oil in the Reserve to entities customarily engaged in the sale and distribution of petroleum distillate.
(e) Plan
Within 45 days of November 9, 2000, the Secretary shall transmit to the President and, if the President approves, to the Congress a plan describing—
(1) the acquisition of storage and related facilities or storage services for the Reserve, including the potential use of storage facilities not currently in use;
(2) the acquisition of petroleum distillate for storage in the Reserve;
(3) the anticipated methods of disposition of petroleum distillate from the Reserve;
(4) the estimated costs of establishment, maintenance, and operation of the Reserve;
(5) efforts the Department will take to minimize any potential need for future drawdowns and ensure that distributors and importers are not discouraged from maintaining and increasing supplies to the Northeast; and
(6) actions to ensure quality of the petroleum distillate in the Reserve.
(
Amendments
2005—Subsec. (b)(1).
1 So in original. Probably should be "result".
§6250c. Northeast Home Heating Oil Reserve Account
(a) Establishment
Upon a decision of the Secretary of Energy to establish a Reserve under this part, the Secretary of the Treasury shall establish in the Treasury of the United States an account known as the "Northeast Home Heating Oil Reserve Account" (referred to in this section as the "Account").
(b) Deposits
the 1 Secretary of the Treasury shall deposit in the Account any amounts appropriated to the Account and any receipts from the sale, exchange, or other disposition of petroleum distillate from the Reserve.
(c) Obligation of amounts
The Secretary of Energy may obligate amounts in the Account to carry out activities under this part without the need for further appropriation, and amounts available to the Secretary of Energy for obligation under this section shall remain available without fiscal year limitation.
(
1 So in original. Probably should be capitalized.
§6250d. Exemptions
An action taken under this part is not subject to the rulemaking requirements of
(
§6250e. Repealed. Pub. L. 109–58, title III, §301(a)(2), Aug. 8, 2005, 119 Stat. 683
Section,
§6250f. Limit on amount of petroleum distillate
Notwithstanding
(
Codification
Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Part E—Expiration
§6251. Repealed. Pub. L. 109–58, title III, §301(a)(3), Aug. 8, 2005, 119 Stat. 683
Section,
SUBCHAPTER II—STANDBY ENERGY AUTHORITIES
Part A—General Emergency Authorities
§§6261 to 6264. Repealed. Pub. L. 106–469, title I, §104(1), Nov. 9, 2000, 114 Stat. 2033
Section 6261,
Section 6262,
Section 6263,
Section 6264,
Part B—Authorities With Respect to International Energy Program
§6271. International oil allocations
(a) Authority of President to prescribe rules for implementation of obligations of United States relating to international allocation of petroleum products; amounts of allocation and prices; petroleum products subject to rule; term of rule
The President may, by rule, require that persons engaged in producing, transporting, refining, distributing, or storing petroleum products, take such action as he determines to be necessary for implementation of the obligations of the United States under chapters III and IV of the international energy program insofar as such obligations relate to the international allocation of petroleum products. Allocation under such rule shall be in such amounts and at such prices as are specified in (or determined in a manner prescribed by) such rule. Such rule may apply to any petroleum product owned or controlled by any person described in the first sentence of this subsection who is subject to the jurisdiction of the United States, including any petroleum product destined, directly or indirectly, for import into the United States or any foreign country, or produced in the United States. Subject to subsection (b)(2), such a rule shall remain in effect until amended or rescinded by the President.
(b) Prerequisites to rule taking effect; time rule may be put into effect or remain in effect
(1) No rule under subsection (a) may take effect unless the President—
(A) has transmitted such rule to the Congress;
(B) has found that putting such rule into effect is required in order to fulfill obligations of the United States under the international energy program; and
(C) has transmitted such finding to the Congress, together with a statement of the effective date and manner for exercise of such rule.
(2) No rule under subsection (b) may be put into effect or remain in effect after the expiration of 12 months after the date such rule was transmitted to Congress under paragraph (1)(A).
(c) Consistency of rule with attainment of objectives specified in section 753(b)(1) 1 of title 15; limitation on authority of officers or agencies of United States
(1) Any rule under this section shall be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 753(b)(1) 1 of title 15.
(2) No officer or agency of the United States shall have any authority, other than authority under this section, to require that petroleum products be allocated to other countries for the purpose of implementation of the obligations of the United States under the international energy program.
(d) Nonapplicability of export restrictions under other laws
Neither section 6212 1 of this title nor
(e) Prerequisites for effectiveness of rule
No rule under this section may be put into effect unless—
(1) an international energy supply emergency, as defined in the first sentence of
(2) the allocation of available oil referred to in chapter III of the international energy program has been activated pursuant to chapter IV of such program.
(
References in Text
Amendments
1998—Subsec. (e)(1).
1982—Subsec. (e).
1 See References in Text note below.
§6272. International voluntary agreements
(a) Exclusiveness of section's requirements
Effective 90 days after December 22, 1975, the requirements of this section shall be the sole procedures applicable to—
(1) the development or carrying out of voluntary agreements and plans of action to implement the international emergency response provisions, and
(2) the availability of immunity from the antitrust laws with respect to the development or carrying out of such voluntary agreements and plans of action.
(b) Prescription by Secretary of standards and procedures for developing and carrying out voluntary agreements and plans of action
The Secretary, with the approval of the Attorney General, after each of them has consulted with the Federal Trade Commission and the Secretary of State, shall prescribe, by rule, standards and procedures by which persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products may develop and carry out voluntary agreements, and plans of action, which are required to implement the international emergency response provisions.
(c) Requirements for standards and procedures
The standards and procedures prescribed under subsection (b) shall include the following requirements:
(1)(A)(i) Except as provided in clause (ii) or (iii) of this subparagraph, meetings held to develop or carry out a voluntary agreement or plan of action under this subsection shall permit attendance by representatives of committees of Congress and interested persons, including all interested segments of the petroleum industry, consumers, and the public; shall be preceded by timely and adequate notice with identification of the agenda of such meeting to the Attorney General, the Federal Trade Commission, committees of Congress, and (except during an international energy supply emergency with respect to meetings to carry out a voluntary agreement or to develop or carry out a plan of action) the public; and shall be initiated and chaired by a regular full-time Federal employee.
(ii) Meetings of bodies created by the International Energy Agency established by the international energy program need not be open to interested persons and need not be initiated and chaired by a regular full-time Federal employee.
(iii) The President, in consultation with the Secretary, the Secretary of State, and the Attorney General, may determine that a meeting held to carry out a voluntary agreement or to develop or carry out a plan of action shall not be open to interested persons or that attendance by interested persons may be limited, if the President finds that a wider disclosure would be detrimental to the foreign policy interests of the United States.
(B) No meetings may be held to develop or carry out a voluntary agreement or plan of action under this section unless a regular full-time Federal employee is present.
(2) Interested persons permitted to attend such a meeting shall be afforded an opportunity to present, in writing and orally, data, views, and arguments at such meetings, subject to any reasonable limitations with respect to the manner of presentation of data, views, and arguments as the Secretary may impose.
(3) A full and complete record, and where practicable a verbatim transcript, shall be kept of any meeting held, and a full and complete record shall be kept of any communication (other than in a meeting) made, between or among participants or potential participants, to develop, or carry out a voluntary agreement or a plan of action under this section. Such record or transcript shall be deposited, together with any agreement resulting therefrom, with the Secretary, and shall be available to the Attorney General and the Federal Trade Commission. Such records or transcripts shall be available for public inspection and copying in accordance with
(4) No provision of this section may be exercised so as to prevent representatives of committees of Congress from attending meetings to which this section applies, or from having access to any transcripts, records, and agreements kept or made under this section. Such access to any transcript that is required to be kept for any meeting shall be provided as soon as practicable (but not later than 14 days) after that meeting.
(d) Participation of Attorney General and Federal Trade Commission in development and carrying out of voluntary agreements and plans of action
(1) The Attorney General and the Federal Trade Commission shall participate from the beginning in the development, and when practicable, in the carrying out of voluntary agreements and plans of action authorized under this section. Each may propose any alternative which would avoid or overcome, to the greatest extent practicable, possible anticompetitive effects while achieving substantially the purposes of this part. A voluntary agreement or plan of action under this section may not be carried out unless approved by the Attorney General, after consultation with the Federal Trade Commission. Prior to the expiration of the period determined under paragraph (2), the Federal Trade Commission shall transmit to the Attorney General its views as to whether such an agreement or plan of action should be approved, and shall publish such views in the Federal Register. The Attorney General, in consultation with the Federal Trade Commission, the Secretary of State, and the Secretary, shall have the right to review, amend, modify, disapprove, or revoke, on his own motion or upon the request of the Federal Trade Commission or any interested person, any voluntary agreement or plan of action at any time, and, if revoked, thereby withdraw prospectively any immunity which may be conferred by subsection (f) or (j).
(2) Any voluntary agreement or plan of action entered into pursuant to this section shall be submitted in writing to the Attorney General and the Federal Trade Commission 20 days before being implemented; except that during an international energy supply emergency, the Secretary, subject to approval of the Attorney General, may reduce such 20-day period. Any such agreement or plan of action shall be available for public inspection and copying, except that a plan of action shall be so available only to the extent to which records or transcripts are so available as provided in the last sentence of subsection (c)(3). Any action taken pursuant to such voluntary agreement or plan of action shall be reported to the Attorney General and the Federal Trade Commission pursuant to such regulations as shall be prescribed under paragraphs (3) and (4) of subsection (e).
(3) A plan of action may not be approved by the Attorney General under this subsection unless such plan (A) describes the types of substantive actions which may be taken under the plan, and (B) is as specific in its description of proposed substantive actions as is reasonable in light of circumstances known at the time of approval.
(e) Monitoring of development and carrying out of voluntary agreements and plans of action by Attorney General and Federal Trade Commission
(1) The Attorney General and the Federal Trade Commission shall monitor the development and carrying out of voluntary agreements and plans of action authorized under this section in order to promote competition and to prevent anticompetitive practices and effects, while achieving substantially the purposes of this part.
(2) In addition to any requirement specified under subsections (b) and (c) of this section and in order to carry out the purposes of this section, the Attorney General, in consultation with the Federal Trade Commission and the Secretary, may promulgate rules concerning the maintenance of necessary and appropriate records related to the development and carrying out of voluntary agreements and plans of action authorized pursuant to this section.
(3) Persons developing or carrying out voluntary agreements and plans of action authorized pursuant to this section shall maintain such records as are required by rules promulgated under paragraph (2). The Attorney General and the Federal Trade Commission shall have access to and the right to copy such records at reasonable times and upon reasonable notice.
(4) The Attorney General and the Federal Trade Commission may each prescribe such rules as may be necessary or appropriate to carry out their respective responsibilities under this section. They may both utilize for such purposes and for purposes of enforcement any powers conferred upon the Federal Trade Commission or the Department of Justice, or both, by the antitrust laws or the Antitrust Civil Process Act [
(f) Defense to civil or criminal antitrust actions
(1) There shall be available as a defense to any civil or criminal action brought under the antitrust laws (or any similar State law) in respect to actions taken to develop or carry out a voluntary agreement or plan of action by persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products (provided that such actions were not taken for the purpose of injuring competition) that—
(A) such actions were taken—
(i) in the course of developing a voluntary agreement or plan of action pursuant to this section, or
(ii) to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section, and
(B) such persons complied with the requirements of this section and the rules promulgated hereunder.
(2) Except in the case of actions taken to develop a voluntary agreement or plan of action, the defense provided in this subsection shall be available only if the person asserting the defense demonstrates that the actions were specified in, or within the reasonable contemplation of, an approved voluntary agreement or plan of action.
(3) Persons interposing the defense provided by this subsection shall have the burden of proof, except that the burden shall be on the person against whom the defense is asserted with respect to whether the actions were taken for the purpose of injuring competition.
(g) Acts or practices occurring prior to date of enactment of chapter or subsequent to its expiration or repeal
No provision of this section shall be construed as granting immunity for, or as limiting or in any way affecting any remedy or penalty which may result from any legal action or proceeding arising from, any act or practice which occurred prior to the date of enactment of this chapter or subsequent to its expiration or repeal.
(h) Applicability of Defense Production Act of 1950
(1) the international energy program; or
(2) any allocation, price control, or similar program with respect to petroleum products under this chapter.
(i) Reports by Attorney General and Federal Trade Commission to Congress and President
The Attorney General and the Federal Trade Commission shall each submit to the Congress and to the President, at such intervals as are appropriate based on significant developments and issues, reports on the impact on competition and on small business of actions authorized by this section.
(j) Defense in breach of contract actions
In any action in any Federal or State court for breach of contract, there shall be available as a defense that the alleged breach of contract was caused predominantly by action taken during an international energy supply emergency to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section.
(k) Definitions
As used in this section and
(1) The term "international energy supply emergency" means any period (A) beginning on any date which the President determines allocation of petroleum products to nations participating in the international energy program is required by chapters III and IV of such program, and (B) ending on a date on which he determines that such allocation is no longer required. Such a period may not exceed 90 days, but the President may establish one or more additional 90-day periods by making anew the determination under subparagraph (A) of the preceding sentence. Any determination respecting the beginning or end of any such period shall be published in the Federal Register.
(2) The term "international emergency response provisions" means—
(A) the provisions of the international energy program which relate to international allocation of petroleum products and to the information system provided in the program; and
(B) the emergency response measures adopted by the Governing Board of the International Energy Agency (including the July 11, 1984, decision by the Governing Board on "Stocks and Supply Disruptions") for—
(i) the coordinated drawdown of stocks of petroleum products held or controlled by governments; and
(ii) complementary actions taken by governments during an existing or impending international oil supply disruption.
(l) Applicability of antitrust defense
The antitrust defense under subsection (f) shall not extend to the international allocation of petroleum products unless allocation is required by chapters III and IV of the international energy program during an international energy supply emergency.
(m) Limitation on new plans of action
(1) With respect to any plan of action approved by the Attorney General after July 2, 1985—
(A) the defenses under subsection (f) and (j) shall be applicable to Type 1 activities (as that term is defined in the International Energy Agency Emergency Management Manual, dated December 1982) only if—
(i) the Secretary has transmitted such plan of action to the Congress; and
(ii)(I) 90 calendar days of continuous session have elapsed since receipt by the Congress of such transmittal; or
(II) within 90 calendar days of continuous session after receipt of such transmittal, either House of the Congress has disapproved a joint resolution of disapproval pursuant to subsection (n); and
(B) such defenses shall not be applicable to Type 1 activities if there has been enacted, in accordance with subsection (n), a joint resolution of disapproval.
(2) The Secretary may withdraw the plan of action at any time prior to adoption of a joint resolution described in subsection (n)(3) by either House of Congress.
(3) For the purpose of this subsection—
(A) continuity of session is broken only by an adjournment of the Congress sine die at the end of the second session of Congress; and
(B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the calendar-day period involved.
(n) Joint resolution of disapproval
(1)(A) The application of defenses under subsections (f) and (j) for Type 1 activities with respect to any plan of action transmitted to Congress as described in subsection (m)(1)(A)(i) shall be disapproved if a joint resolution of disapproval has been enacted into law during the 90-day period of continuous session after which such transmission was received by the Congress. For the purpose of this subsection, the term "joint resolution" means only a joint resolution of either House of the Congress as described in paragraph (3).
(B) After receipt by the Congress of such plan of action, a joint resolution of disapproval may be introduced in either House of the Congress. Upon introduction in the Senate, the joint resolution shall be referred in the Senate immediately to the Committee on Energy and Natural Resources of the Senate.
(2) This subsection is enacted by the Congress—
(A) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of resolutions described by paragraph (3); it supersedes other rules only to the extent that is inconsistent therewith; and
(B) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.
(3) The joint resolution disapproving the transmission under subsection (m) shall read as follows after the resolving clause: "That the Congress of the United States disapproves the availability of the defenses pursuant to section 252 (f) and (j) of the Energy Policy and Conservation Act with respect to Type 1 activities under the plan of action submitted to the Congress by the Secretary of Energy on .", the blank space therein being filled with the date and year of receipt by the Congress of the plan of action transmitted as described in subsection (m).
(4)(A) If the Committee on Energy and Natural Resources of the Senate has not reported a joint resolution referred to it under this subsection at the end of 20 calendar days of continuous session after its referral, it shall be in order to move either to discharge the committee from further consideration of such resolution or to discharge the committee from further consideration of any other joint resolution which has been referred to the committee with respect to such plan of action.
(B) A motion to discharge shall be highly privileged (except that it may not be made after the Committee on Energy and Natural Resources has reported a joint resolution with respect to the plan of action), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the joint resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.
(C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other joint resolution with respect to the same transmission.
(5)(A) When the Committee on Energy and Natural Resources of the Senate has reported or has been discharged from further consideration of a joint resolution, it shall be in order at any time thereafter within the 90-day period following receipt by the Congress of the plan of action (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such joint resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider a vote by which the motion was agreed to or disagreed to.
(B) Debate on the joint resolution shall be limited to not more than 10 hours and final action on the joint resolution shall occur immediately following conclusion of such debate. A motion further to limit debate shall not be debatable. A motion to recommit such a joint resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such a joint resolution was agreed to or disagreed to.
(6)(A) Motions to postpone made with respect to the discharge from committee or consideration of a joint resolution, shall be decided without debate.
(B) Appeals from the decision of the Chair relating to the application of rules of the Senate to the procedures relating to a joint resolution shall be decided without debate.
(
References in Text
The Antitrust Civil Process Act, referred to in subsec. (e)(4), is
The date of enactment of this chapter, referred to in subsec. (g), means the date of enactment of
This chapter, referred to in subsec. (h)(2), was in the original "this Act", meaning
Section 252(f) and (j) of the Energy Policy and Conservation Act, referred to in subsection (n)(3), is classified to subsecs. (f) and (j) of this section.
Amendments
1998—Subsecs. (a)(1), (b).
Subsec. (d)(3).
Subsec. (e)(2).
Subsec. (f)(2).
Subsec. (h).
Subsec. (k)(2).
Subsec. (l).
1995—Subsec. (i).
1985—Subsec. (d)(1).
Subsecs. (j) to (l).
Subsecs. (m), (n).
1984—Subsec. (j).
1982—Subsec. (j).
Subsec. (m).
1981—Subsec. (j).
1979—Subsec. (c)(4).
Subsec. (j).
1978—Subsecs. (b), (c)(1)(A)(iii), (2), (3), (d)(1), (2), (e)(2).
Study and Report on Energy Policy Cooperation Between United States and Other Western Hemisphere Countries
Report of Implementation Activities Under International Voluntary Agreements
Classification of Certain Information and Material
For provisions relating to the classification of certain information and material obtained from advisory bodies created to implement the International Energy Program, see Ex. Ord. No. 11932, eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under
§6273. Advisory committees
(a) Authority of Secretary to establish; applicability of section 17 of Federal Energy Administration Act of 1974; chairman; inclusion of representatives of public; public meetings; notice of meeting to Attorney General and Federal Trade Commission; attendance and participation of their representatives
To achieve the purposes of the international energy program with respect to international allocation of petroleum products and the information system provided in such program, the Secretary may provide for the establishment of such advisory committees as he determines are necessary. In addition to the requirements specified in this section, such advisory committees shall be subject to the provisions of section 17 of the Federal Energy Administration Act of 1974 [
(b) Transcript of meetings
A verbatim transcript shall be kept of such advisory committee meetings, and shall be deposited with the Attorney General and the Federal Trade Commission. Such transcript shall be made available for public inspection and copying in accordance with
(c) Suspension of application of certain requirements by President
The President, after consultation with the Secretary of State, the Federal Trade Commission, the Attorney General, and the Secretary, may suspend the application of—
(1) sections 10 and 11 of the Federal Advisory Committee Act,
(2) subsections (b) and (c) of section 17 1 of the Federal Energy Administration Act of 1974,
(3) the requirement under subsection (a) of this section that meetings be open to the public, and
(4) the second sentence of subsection (b);
if the President determines with respect to a particular meeting, (A) that such suspension is essential to the developing or carrying out of the international energy program, (B) that such suspension relates solely to the purpose of international allocation of petroleum products and the information system provided in such program, and (C) that the meeting deals with matters described in
(
References in Text
The Federal Energy Administration Act of 1974, referred to in subsec. (a), is
Sections 10 and 11 of the Federal Advisory Committee Act, referred to in subsec. (c)(1), are sections 10 and 11 of
Section 17 of the Federal Energy Administration Act of 1974, referred to in subsec. (c)(2), was classified to
Amendments
1978—Subsecs. (a), (c).
Classification of Certain Information and Material
For provisions relating to the classification of certain information and material obtained from advisory bodies created to implement the International Energy Program, see Ex. Ord. No. 11932, eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment unless in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the end of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
1 See References in Text note below.
§6274. Exchange of information with International Energy Agency
(a) Submission of information by Secretary to Secretary of State; transmittal to Agency; aggregation and reporting of geological or geophysical information, trade secrets, or commercial or financial information; availability of such information during international energy supply emergency; certification by President that Agency has adopted security measures; review of compliance of other nations with program; petition to President for changes in procedure
(1) Except as provided in subsections (b) and (c), the Secretary, after consultation with the Attorney General, may provide to the Secretary of State, and the Secretary of State may transmit to the International Energy Agency established by the international energy program, the information and data related to the energy industry certified by the Secretary of State as required to be submitted under the international energy program.
(2)(A) Except as provided in subparagraph (B) of this paragraph, any such information or data which is geological or geophysical information or a trade secret or commercial or financial information to which section 552(b)(9) or (b)(4) of title 5 applies shall, prior to such transmittal, be aggregated, accumulated, or otherwise reported in such manner as to avoid, to the fullest extent feasible, identification of any person from whom the United States obtained such information or data, and in the case of geological or geophysical information, a competitive disadvantage to such person.
(B)(i) Notwithstanding subparagraph (A) of this paragraph, during an international energy supply emergency, any such information or data with respect to the international allocation of petroleum products may be made available to the International Energy Agency is otherwise authorized to be made available to such Agency by paragraph (1) of this subsection.
(ii) Subparagraph (A) shall not apply to information described in subparagraph (A) (other than geological or geophysical information) if the President certifies, after opportunity for presentation of views by interested persons, that the International Energy Agency has adopted and is implementing security measures which assure that such information will not be disclosed by such Agency or its employees to any person or foreign country without having been aggregated, accumulated, or otherwise reported in such manner as to avoid identification of any person from whom the United States obtained such information or data.
(3)(A) Within 90 days after December 22, 1975, and periodically thereafter, the President shall review the operation of this section and shall determine whether other signatory nations to the international energy program are transmitting information and data to the International Energy Agency in substantial compliance with such program. If the President determines that other nations are not so complying, paragraph (2)(B)(ii) shall not apply until he determines other nations are so complying.
(B) Any person who believes he has been or will be damaged by the transmittal of information or data pursuant to this section shall have the right to petition the President and to request changes in procedures which will protect such person from any competitive damage.
(b) Halting transmittal of information that would prejudice competition, violate antitrust laws, or be inconsistent with security interests
If the President determines that the transmittal of data or information pursuant to the authority of this section would prejudice competition, violate the antitrust laws, or be inconsistent with United States national security interests, he may require that such data or information not be transmitted.
(c) Information protected by statute
Information and data the confidentiality of which is protected by statute shall not be provided by the Secretary to the Secretary of State under subsection (a) of this section for transmittal to the International Energy Agency, unless the Secretary has obtained the specific concurrence of the head of any department or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data. In making a determination to concur in providing such information and data, the head of any department or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data shall consider the purposes for which such information and data were collected, gathered, and obtained, the confidentiality provisions of such statutory authority, and the international obligations of the United States under the international energy program with respect to the transmittal of such information and data to an international organization or foreign country.
(d) Continuation of authority to collect data under Energy Supply and Environmental Coordination Act and Federal Energy Administration Act of 1974
For the purposes of carrying out the obligations of the United States under the international energy program, the authority to collect data granted by sections 11 and 13 of the Energy Supply and Environmental Coordination Act [
(e) Limitation on disclosure contained in other laws
The authority under this section to transmit information shall be subject to any limitations on disclosure contained in other laws, except that such authority may be exercised without regard to—
(1) section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 [
(2) section 14(b) of the Federal Energy Administration Act of 1974 [
(3) section 12 1 of the Export Administration Act of 1979;
(4)
(5)
(6)
(