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Energy - Energy Policy and Conservation Act: Working Text (3)
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1562966
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Energy - Energy Policy and Conservation Act: Working Text (3)
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John O. Marsh Files (Ford Administration)
John Marsh's General Subject Files
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The original documents are located in Box 14, folder "Energy - Energy Policy and
Conservation Act: Working Text (3)" of the John Marsh Files at the Gerald R. Ford
Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
171
1 with respect to measures required to be included in, and
2 guidelines for the development, modification, and funding
3 of, State energy conservation plans. The Administrator
4 shall invite the Governor of each State to submit, within
5 5 months after the effective date of such guidelines a report.
6
Such report shall include-
7
(1) a proposed State energy conservation plan de-
8
signed to result in scheduled progress toward, and
9
achievement of, the State energy conservation goal of
10
such State; and
11
(2) a detailed description of the requirements, in-
12
cluding the estimated cost of implementation and the esti-
13
mated energy savings, associated with each functional
14
category of energy conservation included in the State
15
energy conservation plan.
16
(c) Each proposed State energy conservation plan to be
17
eligible for Federal assistance under this part shall include-
18
(1) mandatory lighting efficiency standards for
19
public building: (except public buildings owned or leased
20
by the United States) :
21
(2) programs to promote the availability and use
22
of carpools, vanpools, and public transportation (except
23
that no Federal funds provided under this part shall
24
be used for subsidizing fares for public transportation) :
25
(3) mandatory standards and polic ies to govern the
Digitized from Box 14 of The John Marsh Files at the Gerald R. Ford Presidential Library
172
1
procurement practices of such State and its political
2
subdivisions;
3
(4) mandatory thermal efficiency standards and
4
insulation requirements for new and renovated buildings
5
(except buildings owned or leased by the United States);
6
and
7
(5) a traffic law or regulation which, to the maxi-
8
тит extent practicable consistent with safety, permits
9
the operator of " motor vehicle to turn such rehicle right
10
at a red stop light after stopping.
11
(d) Each proposed State energy conservation plan may
12 include-
13
(1) restrictions governing the hours and condi-
14
tions of operation of public buildings (except buildings
15
owned or leased by the United States);
16
(2) restrictions on the use of decorative or non-
17
essential lighting;
18
(3) transportation controls;
19
(4) programs of public education to promote energy
20
conservation; and
21
(5) any other appropriate method or programs to
22
conserve and improve the efficiency in the use of energy.
23
(e) The Governor of any State may submit to the Ad-
24
ministrator 11 State energy conservation plan which is (I
25 standby energy conservation plan to significantly reduce
173
1 energy demand by regulating the public and private con-
2 sumption of energy during (1 severe energy supply inter-
3 ruption, which plan may be separately eligible for Federal
4 assistance under this part without regard to subsections (c)
5 and (d) of this section.
6
FEDERAL ASSISTANCE TO STATES
7
SEC. 363. (a) Upon request of the Gorernor of any
8 State, the Administrator shall provide, subject to the avail-
9 ability of personnel and funds, information and technical
10 assistance, model State laws and proposed regulations relat-
11 ing to energy conservation, and other assistance in-
12
(1) the preparation of the reports described in sec-
13
tion 362, or
14
(2) the development, implementation, or modifica-
15
tion of an energy conservation plan of such State sub-
16
mitted under section 362 (b) or (e).
17
(b) (1) The Administrator may grant Federal financial
18 assistance pursuant to this section for the purpose of assisting
19 such State in the development of any such energy conservation
20 plan or in the implementation of a State energy conserva-
21 tion plan or part thereof which has been submitted to and
22 approved by the Administrator pursuant to this part.
23
(2) In determining whether to approve a State energy
24 conservation plan submitted under section 362 (b) or (c),
25 the Administrator-
174
1
(d) shall take into accountsthe impact of Iscal eco-
2
nomic, climatic, geographic, and other unique conditions
3
and requirements of such State on the opportunity to
4
conserre and to improve efficiency in the use of energy
5
in such State: and
6
(B) may extend the period of time during which (1
7
State energy conservation feasibility report or State
8
energy conservation plan may be submitted if the Admin-
9
istrator determines that participation by the State sub-
10
mitting such report or plan is likely to result in signifi-
11
cant progress toward achiering the purposes of this Act.
12
(3) In determining the amount of Federal assistance to
13 be provided to any State under this subsection, the Adminis-
14
trator shall consider-
15
(1) the contribution to energy conservation which
16
can reasonably be expected,
17
(B) the number of people affected by such plan, and
18
(C) the consistency of such plan with the purposes
19
of this Act, and such other factors as the Administrator
20
deems appropriate.
21
(c) Each recipient of Federal assistance under this
22
section shall keep such records as the Administrator shall
23 require, including records which fully disclose the amount
24 and disposition by each recipient of the proceeds of such
175
1
assistance, the total cost of the project or program for which
2
such assistance was given or used, the source and amount
3 of funds for such projects or programs not supplied by the
4 Administrator, and such other records as the Administrator
5 determines necessary to facilitate an effective audit and
6 performance evaluation. The Administrator and Comptroller
7 General of the United States, or any of their duly authorized
8 representatives, shall have access for the purpose of audit
9 and examination to any pertinent books, documents, papers,
10 and records of any recipient of Federal assistance under this
11 part.
12
ENERGY CONSERVATION GOALS
13
SEC. 364. Upon the basis of the reports submitted pur-
14 suant to this part and such other information as is available,
15 the Administrator shall, at the earliest practicable date, set an
16 energy conservation goal for each State for 1980 and may
17 set interim goals. Such goal or goals shall consist of the
18 maximum reduction in the consumption of energy during
19 any year as " result of the implementation of the State energy
20 conservation plan described in section 362(b) which is con-
21 sistent with technological feasibility. financial resources, and
22 economic objectives, by comparison with the projected energy
23 consumption for such State in such year. The Administrator
24 shall specify the assumptions used in the determination of the
LIBRARY
176
1 projected energy consumption in each State, taking into
2 account population trends, economic growth, and the effects
3 of national energy conservation programs.
4
GENERAL PROVISIONS
5
SEC. 365. (a) The Administrator may prescribe such
6 rules as may be necessary or appropriate to carry out his
7 authority under this part.
8
(b) In carrying out the provisions of sections 362 and
9 364 and subsection (a) of section 363, the Administrator
10 shall consult with appropriate departments and Federal
11 agencies.
12
(c) The Administrator shall report annually to the
13 President and the Congress, and shall furnish copies of
14 such report to the Governor of each State, on the operation
15 of the program under this part. Such report shall include the
16 energy conservation achieved, the degree of State participa-
17 tion and achievement, a description of innovative conserva-
18 tion programs undertaken by individual States, and the rec-
19 ommendations of the Administrator, if any, for additional
20 legislation.
21
(d) There are authorized to be appropriated for carry-
22 ing out the provisions of this part $50,000,000 for fiscal
23 year 1976, $50,000,000 for fiscal year 1977, and $50,-
24 000,000 for fiscal year 1978.
177
1
DEFINITIONS
2
SEC. 366. As used in this part-
3
(1) The term "public building" means any building
4
which is open to the public during normal business hours.
5
(2) The term "transportation controls" means any
6
plan, procedure, method, or arrangement, or any system
7
of incentives, disincentives, restrictions, and requirements.
8
which is designed to reduce the amount of energy con-
9
sumed in transportation, except that the term does not
10
include a rationing of gasoline or diesel fuel.
11
PART D-INDUSTRIAL ENERGY CONSERVATION
12
DEFINITIONS
13
SEC. 371. As used in this part-
14
(1) The term "chief executive officer" means, within
15
a corporation, the individual whom the Administrator
16
determines, for purposes of this part, is in charge of
17
operations.
18
(2) The term "corporation" means a person as de-
19
fined in section 3(2)(B) and includes any person so
20
defined which controls, is controlled by, or is under com-
21
mon control with such person. If a corporation is engaged
22
in more than one major energy-consuming industry, such
23
corporation shall be treated as a separate corporation
24
with respect to each such industry.
J. 62-671-)-12
178
1
(3) The term "energy efficiency" means the amount
2
of industrial output activity per unit of energy consumed
3
therein, as determined by the Administrator.
4
(4) The term "major energy-consuming industry"
5
means a two-digit classification, within the manufacturing
6
division of economic activity set forth in the Standard
7
Industrial Classification (SIC) Manual by a code num-
8
ber, which the Administrator determines is suited to the
9
purposes of this part.
10
PROGRAM
11
SEC. 372. The Administrator shall establish and main-
12 tain, in consultation with the Secretary of Commerce and
13 the Administrator of the Energy Research and Development
14 Administration, a program-
15
(1) to promote increased energy efficiency by Amer-
16
ican industry, and
17
(2) to establish voluntary energy efficiency improve-
18
ment targets for at least the 10 most energy-consumptive
19
major energy-consuming industries.
20
IDENTIFICATION OF MAJOR ENERGY CONSUMERS
21
SEC. 373. Within 90 days after the date of enactment
22 of this Act, the Administrator shall identify each major
23 energy-consuming industry in the United States, and shall
24 establish a priority ranking of such industries on the basis
25 of their respective total annual energy consumption. Within
179
1 each industry SO identified, the Administrator shall identify
2
each corporation which-
3
(1) consumes at least one trillion British thermal
4
units of energy per year, and
5
(2) is among the corporations identified by the
6
Administrator as the 50 most energy-consumptive cor-
7
porations in such industry.
8
INDUSTRIAL ENERGY EFFICIENCY IMPROVEMENT
9
TARGETS
10
SEC. 374. (a) Within one year after the date of en-
11
actment of this Act, the Administrator shall set an indus-
12
trial energy efficiency improvement target for each of the 10
13 most energy-consumptive industries identified under section
14
373. Each such target-
15
(1) shall be based upon the best available infor-
16
mation,
17
(2) shall be established at the level which represents
18
the maximum feasible improvement in energy efficiency
19
which such industry can achieve by January 1, 1980,
20
and
21
(3) shall be published in the Federal Register, to-
22
gether with a statement of the basis and justification for
23
each such target.
24
(b) In determining maximum feasible improvement under
LIBRARY
180
1
subsection (a) and under subsection (c), the Administrator
2
shall consider-
3
(1) the objectives of the program established under
4
section 372,
5
(2) the technological feasibility and economic prac-
6
ticability of utilizing alternative operating procedures
7
and more energy efficient technologies,
8
(3) any special circumstances or characteristics of
9
the industry for which the target is being set, and
10
(4) any actions planned or implemented by each
11
such industry to reduce consumption by such industry
12
of petroleum products and natural gas.
13
(c) The Administrator may, in order to carry out sec-
14
tion 372(1), set an industrial energy efficiency improvement
15
target for any major energy-consuming industry to which
16 subsection (a) does not apply. Each such target-
17
(1) shall be based upon the best available informa-
18
tion,
19
(2) shall be established at the level which represents
20
the maximum feasible improvement in energy efficiency
21
which such industry can achieve by January 1, 1980,
22
and
23
(3) shall be published in the Federal Register, to-
24
gether with a statement of the basis and justification for
FORD
25
each such target.
LIBRARY
181
1
(d) Any target established under subsection (a) or (c)
2 may be modified at any time if the Administrator-
3
(1) determines that such target cannot reasonably
4
be attained, or could reasonably be made more stringent,
5
and
6
(2) publishes such determination in the Federal
7
Register, together with a statement of the basis and justi-
8
fication for such modification.
9
REPORTS
10
SEC. 375. (a) The chief executive officer (or individual
11 designated by such officer) of each corporation which is iden-
12 tified by the Administrator pursuant to section 373, and
13 which is in an industry for which an industrial energy
14 efficiency improvement target has been set under section 374
15 (a), shall report to the Administrator not later than Jan-
16 uary 1, 1977, and annually thereafter, on the progress which
17
such corporation has made in improving its energy efficiency.
18 Such report shall contain such information as the Adminis-
19 trator determines is necessary to measure progress toward
20
meeting the energy efficiency improvement target set for the
21 industry of which such corporation is a part, except that
22 the Administrator shall not require such report if such cor-
23 poration is in an industry which as an adequate voluntary
24 reporting prorgam (as defined by section 376(g) of this Act).
25
(b) The Administrator shall prepare, publish, and make
182
1 available, for use in complying with the reporting require-
2 ments under subsection (a), a simple form which shall be
3 designed in such a way as to avoid imposing an undue burden
4 on any corporation which is required to submit reports under
5 subsection (a).
6
(c) The Administrator shall prepare and submit to the
7
Congress and to the President, and shall cause to be pub-
8 lished, an annual report on the industrial energy efficiency
9 program established under section 372. Each such report
10 shall include-
11
(1) a summary of the progress made toward the
12
achievement of the industrial energy efficiency improve-
13
ment targets set by the Administrator; and
14
(2) a summary of the progress made toward meet-
15
ing such industrial energy efficiency improvement tar-
16
gets since the date of publication of the previous such
17
report, if any.
18
GENERAL PROVISIONS
19
SEC. 376. (a) The district courts of the United States
20 shall have jurisdiction, upon petition, to issue an order to
21 the chief executive officer of any corporation subject to the
22 reporting requirements of section 375(a), requiring such
23 person to comply forthwith. Failure to obey such an order
24 shall be treated by any such court as a contempt thereof.
25
(b) In addition to the exercise of authority under this
183
1 part, the Administrator may exercise any authority he has
2 under any provision of law (other than this part) to obtain
3 information with respect to industrial energy efficiency
4 and industrial energy conservation as is necessary or appro-
5 priate to the attainment of the objectives of the program es-
6 tablished under section 372.
7
(c) The Administrator shall afford interested persons
8 an opportunity to submit written and oral data, views, and
9 arguments prior to the establishment of any industrial energy
10 efficiency improvement target under section 374 and prior
11 to publication of any reporting requirements under section
12 375.
13
(d) Any information submitted by a corporation to the
14 Administrator under this part shall not be considered energy
15 information as defined by section 11(e)(1) of the Energy
16 Supply and Environmental Coordination Act of 1974 for
17 purposes of any verification examination authorized to be
18 conducted by the Comptroller General under section 501 of
19 this Act.
20
(e) The Administrator may not disclose any information
21 obtained under this part which is a trade secret or other
22 matter described in section 552(b)(4) of title 5, United
23
States Code, disclosure of which may cause significant com-
24 petitive damage; except to committees of Congress upon
LIBRARY
184
1 request of such committees. Prior to disclosing any informa-
2 tion described in such section 552(b)(4), the Administrator
3 shall afford the person who provided such information an
4 opportunity to comment on the proposed disclosure.
5
(f) No liability shall attach, and no civil or criminal
6 penalties may be imposed, for any failure to meet any in-
7 dustrial energy efficiency improvement target established
8 under section 374 of this Act.
9
(g)(1) The Administrator shall exempt a corporation
10 from the requirements of section 375(a) if such corpora-
11 tion is in an industry which has (1)) adequate voluntary
12 reporting program, as determined by the Administrator an-
13 mually after notice and opportunity for interested persons to
14 comment. An industry's coluntary reporting program shall be
15 determined to be adequate only if-
16
(A) each corporation within such industry which is
17
identified under section 373 fully participates in such
18
program;
19
(B) all information deemed necessary by the Ad-
20
ministrator for purposes of evaluating the progress made
21
by such industry in achieving the industry energy effi-
22
ciency improvement target set forth under section 374 is
23
provided to the Administrator; and
24
(C) reports made to (1 trade association or other
25
person, in connection with such program, are retained for
LISRARY
185
1
a reasonable period of time and are available to the
2
Administrator.
3
(2) If the Administrator determines that an industry's
4 coluntary reporting program is not adequate solely on the
5 basis that any corporation within such industry is not fully
6 participating in such program, he shall exempt from the re-
7 quirements of section 375(a) only those corporations which
8 fully participate in such program.
9
(h) Nothing in this part shall limit the authority of the
10 Administrator to require reports of energy information under
11 any other law.
12
PART E-OTHER FEDERAL ENERGY CONSERVATION
13
MEASURES
14
FEDERAL ENERGY CONSERVATION PROGRAMS
15
SEC. 381. (a) (1) The President shall establish or co-
16 ordinate Federal agency actions to develop mandatory stand-
17 ards with respect to energy conservation and energy efficiency
18 to govern the procurement policies and decisions of the Fed-
19 eral Government and all Federal agencies, and shall take all
20 steps necessary to cause such standards to be implemented.
21
(2) The President shall develop and, to the extent of his
22 authority under other law, implement a 10-year plan for
23 energy conservation with respect to buildings owned or leased
24 by an agency of the United States. Such plan shall include
25
mandatory lighting efficiency standards, mandatory thermal
186
1 efficiency standards and insulation requirements, restrictions
2 on hours of operation, thermostat controls, and other condi-
3 tions of operation, and plans for replacing or retrofitting to
4 meet such standards.
5
(b) The Administrator shall establish and carry out a
6 public education program to encourage energy conservation
7 and energy efficiency.
8
(c) The President shall submit to the Congress an annual
9 report concerning all steps taken under subsections (a) and
10 (b).
11
ENERGY CONSERVATION IN POLICIES AND PRACTICES
12
OF CERTAIN FEDERAL AGENCIES
13
SEC. 382. (a) (1) The Civil Aeronautics Board, the
14 Interstate Commerce Commission, the Federal Maritime
15 Commission, the Federal Power Commission, and the Fed-
16 eral Aviation Administration shall each conduct a study
17 and shall each report to the Congress within 60 days after
18 the date of enactment of this Act with respect to energy con-
19 servation policies and practices which such agencies have
20 instituted subsequent to October 1973.
21
(2) Each of the agencies specified in paragraph (1)
22 shall, within 120 days after the date of enactment of this
23 Act, report to the Congress with respect to the content and
24 feasibility of programs for additional savings in energy
25 consumption by the persons regulated by each such agency
187
1 which have as a minimum goal a 10-percent reduction,
2 within 12 months of the institution of such programs, in
3 energy consumption from the amount of energy consumed
4 during calendar 1972, including any legislative recommen-
5 dations each such agency finds are necessary to achieve such
6 goal.
7
(3) Each of the agencies specified in paragraph (1), in
8 consultation with the Federal Energy Administration and
9 with such other Federal agencies as are appropriate, shall
10 conduct a study and prepare a report with respect to any
11 requirement of any law administered by such aging or any
12 major regulatory action which the agency determines has
13 the effect of requiring, permitting, or inducing the inefficient
14 use of petroleum products, coal, natural gas, electricity, and
15 other forms of energy, together with a statement of the need,
16 purpose, or justification of any such requirement or such
17 action. Each such report shall be submitted to the Congress
18 within one year after the date of enactment of this Act.
19
(b) Except as provided in subsection (c), each of the
20 agencies specified in subsection (a) (1) shall, to the maximum
21 extent practicable within the exercise of their authority under
22 law, include in any major regulatory action (as defined by
23 rule by each such agency) taken by each such agency, a state-
24 ment of the probable impact of such major regulatory action
25 on energy consumption and supply.
188
1
(c) Subsection (b) shall not apply to any authority exer-
2 cised under any provision of law designed to protect the health
3 or safety of individuals.
4
FEDERAL ACTIONS WITH RESPECT TO RECYCLED OIL
5
SEC. 383. (a) The purposes of this section are-
6
(1) to promote the use of recycled oil;
7
(2) to encourage the recycling of used oil;
8
(3) to reduce consumption of new oil by promoting
9
increased utilization of recycled oil; and
10
(4) to reduce environmental hazards and wasteful
11
practices associated with the disposal of used oil.
12
(b) As used in this section:
13
(1) The term "used oil" means any oil which has
14
been used and as a result of such use has been contam-
15
inated by any physical or chemical impurities.
16
(2) The term "recycled oil" means—
17
(A) used oil from which any physical and
18
chemical contaminants acquired through use have
19
been removed by re-refining or other processing, or
20
(B) any blend of oil, consisting of such re-
21
refined or otherwise processed used oil and new oil
22
or additives,
23
which re-refined or otherwise processed used oil or
24
blend containing such oil has been determined, pursuant
189
1
to the rule promulgated under subsection (c), to be sub-
2
stantially equivalent to new oil intended for the same
3
purpose.
4
(3) The term "new oil" means any oil which has
5
been refined from crude oil and has not been used, and
6
which may or may not contain additives. Such term
7
does not include used oil or recycled oil.
8
(4) The term "lubricating oil" means any oil, re-
9
gardless of origin, which-
10
(A) is suitable for use as a lubricant, and
11
(B) is sold for use as a lubricant.
12
(5) The term "hydraulic oil" means any oil which
13
is used primarily to transmit power or pressure, but
14
which may also be used for other purposes.
15
(6) The term "cutting oil" means any oil which is
16
used primarily in cutting, milling, and machining oper-
17
ations (including forging, drawing, rolling, shearing,
18
punching, and stamping), but which may also be used
19
for other purposes.
20
(7) The term "automotive oil" means any oil, in-
21
cluding lubricating oil and hydraulic oil, which is used
22
in automobiles, trucks, buses, motorcycles, and other vehi-
23
cles which travel on roads and highways.
190
1
(8) The term "Commission" means the Federal
2
Trade Commission.
3
(c) The National Bureau of Standards shall, by rule,
4 promulgate performance standards, specifications, and test-
5 ing procedures to facilitate comparison of re-refined or other-
6 wise processed used oil with new oil for the purpose of
7 determining whether such re-refined or otherwise processed
8 used oil is substantially equivalent to new oil intended for
9 the same purpose.
10
(d) (1) Within 60 days of the date of promulgation of
11 the performance standards, specifications, and testing stand-
12 ards pursuant to subsection (c), the Commission shall, by
13 rule, prescribe labeling standards applicable to containers
14 of recycled oil in order to carry out the purposes of this
15 section. Such standards shall permit any container of re-
16 cycled oil to bear a label indicating the intended purpose
17 of the contents and the fact of the determination, pursuant
18 to the rule promulgated under subsection (c), of substantial
19 equivalency of the contents with new oil intended for the
20 same purpose.
21
(2) Not later than the expiration of such 60-day period,
22 the Administrator of the Environmental Protection Agency
23 shall, by rule, prescribe labeling standards applicable to con-
24 tainers of automotive, lubricating, hydraulic and cutting
25 oils relating to the proper disposal of such oils after use.
FORD
LIBRARY
191
1 Such standards shall be designed to reduce environmental
2 hazards and wasteful practices associated with the disposal
3 of used oil.
4
(e) Beginning on the effective date of the standards
5 prescribed pursuant to subsection (c)-
6
(1) no regulation, other than the labeling regulation
7
required to be promulgated pursuant to subsection (d)
8
(1), or order of the Commission and no law, regulation,
9
or order of any State or political subdivision thereof
10
may remain in effect if such law, regulation, or order
11
requires any container of recycled oil which container
12
bears a label in accordance with the terms of the rule
13
promulgated pursuant to subsection (d)(1), to bear any
14
label with respect to the comparative characteristics of
15
such recycled oil with new oil intended for the same
16
purspose; and
17
(2) no regulation or order of the Commission may
18
require any container of recycled oil to also bear a
19
label containing the words "used oil" or any other term
20
or phrase which connotes less than substantial equiva-
21
lency of such recycled oil with new oil intended for the
22
same purpose.
23
(f) Upon promulgation of the performance standards,
24
specifications, and testing standards pursuant to subsection
FORD
25 (c)-
LIBRARY
192
1
(1) all Federal officials shall act within their
2
authority to encourage the use of recycled oil, including-
3
(A) procuring recycled oil for use as auto-
4
motive, lubricating, hydraulic, and cutting oil for
5
military and nonmilitary Federal uses whenever such
6
recycled oil is available at prices competitive with
7
those of new oil used for the same purposes;
8
(B) educating persons employed by Federal
9
and State governments and private sectors of the
10
economy as to the merits of recycled oil, and the need
11
for its use in order to reduce the drain on the Nation's
12
oil reserves, and educating such persons as to ap-
13
propriate means of disposal of used oil to avoid
14
waste of such oil and to minimize environmental
15
hazards;
16
(C) assisting in and encouraging the devel-
17
opment of performance standards, specifications, and
18
systematic and economical testing procedures to
19
facilitate the comparison of recycled oil and other
20
oils with new oil; and
21
(2) the General Services Administration, the De-
22
partment of Defense, and other Federal agencies shall
23
revise their procurement regulations and specifications
24
to promote the use of recycled oil, encourage the pro-
25
duction of recycled oil by the re-refining or other proc-
193
1 TITLE IV-PETROLEUM PRICING POLICY AND
2
OTHER AMENDMENTS TO THE ALLOCA-
3
TION ACT
4
PART A-PRICING POLICY
5
OIL PRICING POLICY
6
SEC. 401. (a) The Emergency Petroleum Allocation
7 Act of 1973 is amended by adding at the end thereof the
8 following new sections:
9
"OIL PRICING POLICY
10
"SEC. 8. (a) Not later than the first day of the second
11 full calendar month following the date of enactment of this
12 section, the President shall promulgate and make effective
13 an amendment to the regulation under section 4(a) of this Act
14 which regulation, as amended, shall establish ceiling prices
15 (or the manner of determining ceiling prices) appli-
16 cable to first sales of crude oil produced in the United States,
17 such that the resulting actual weighted average first sale
18 price for all such crude oil during such calendar month and
19 each of the 39 months thereafter shall not exceed a maximum
20 of $7.66 per barrel (hereinafter in this section referred to
21 as the "maximum weighted average first sale price"), except
22 as may be adjusted pursuant to this section.
23
"(b)(1) The regulation under section 4(a), as amended
24 pursuant to subsection (a) of this section or by any subse-
25 quent amendment thereto, may, subject to the limitations
LIBRARY
J. 62-671-0-13
194
1 related to the maximum weighted average first sale price and
2 other requirements of this section, provide for different ceil-
3 ing prices (or manner of determining ceiling prices) for
4 different classifications of crude oil produced in the United
5 States. In providing for different ceiling prices (or the man-
6 ner for determining such ceiling prices) and classifications
7 for such crude oil, the President shall determine that such
8 ceiling prices (or the manner for determining such ceiling
9 prices) and such classifications-
10
"(A) are administratively feasible; and
11
"(B) justified on the basis that such prices and such
12
classifications are consistent with obtaining optimum pro-
13
duction of crude oil in the United States.
14
"(2) No amendment to the regulation under section 4(a)
15 made after the date of enactment of this section may permit
16 in any subsequent month an increase in the price for any
17 volume of old crude oil production from any properties,
18 unless the President finds that such amendment-
19
"(A) will give positive incentives for (i) enhanced
20
recovery techniques, or (ii) deep horizon development,
21
from such properties; or
22
"(B) is necessary to take into account declining
23
production, or increased costs of production, from such
24
properties; and
25
-GND
"(C) is likely to result in a level of production from
LIBRARY
195
1
such properties beyond that which would otherwise occur
2
if no such amendment were made.
3
"(3) As used in paragraph (2), the term 'old crude
4 oil production' means that volume of crude oil produced and
5 sold from a property in a month which is equal to or less
6 than the volume of old crude oil, as defined in section 212.72
7 of title 10, Code of Federal Regulations (as in effect on
8 November 1, 1975), produced and sold from such property
9 in the months of September, October, and November of 1975,
10 divided by 3.
11
"(c) (1) Not later than 6 months after the effective date
12 of the amendment promulgated under subsection (a), and
13 not later than every 6 months thereafter, the President shall,
14 on the basis of a valid and reliable sample of actual first sale
15 prices of domestic crude oil, determine whether and the extent
16 to which the actual weighted average first sale price for crude
17 oil produced in the United States during any 6-month period
18 or portion thereof for which data are available following the
19 effective date of the amendment promulgated under subsection
20 (a) of this section, exceeded or was less than the maximum
21 weighted average first sale price of such crude oil specified in
22 subsection (a) as adjusted pursuant to this section.
23
"(2) If the President finds, pursuant to paragraph (1)
24 of this subsection, that the regulation under section 4(a), as
FORD
25 amended, resulted in an actual weighted average first sale
LIBRARY
196
1 price in excess of the maximum weighted average first sale
2 price specified in subsection (a) as adjusted pursuant to this
3 section, he shall amend the regulation to make such compen-
4 sating adjustments as are necessary to result in a correspond-
5 ing period in an actual weighted average first sale price for
6 domestic crude oil sufficient to offset such excess.
7
"(3) If the President finds, pursuant to paragraph (1)
8 of this subsection, that the regulation under section 4(a), as
9 amended, resulted in an actual weighted average first sale
10 price less than the maximum weighted average first sale price
11 specified in subsection (a) as adjusted pursuant to this sec-
12 tion, he may, notwithstanding the requirements of this section
13 pertaining to such maximum weighted average first sale price,
14 amend the regulation to make such compensating adjustments
15 in the regulation as are necessary in a corresponding period
16 to offset the deficiency.
17
"(d)(1) The amendment promulgated pursuant to sub-
18 section (a) of this section (or any subsequent amendment to
19 the regulation under section 4(a)) may provide for an ad-
20 justment to the maximum weighted average first sale price
21 specified in subsection (a), such adjustment to begin no earlier
22 than in the calendar month following the first month the
23 amendment is in effect-
24
"(A) to take into account the impact of inflation as
25
measured by the adjusted GNP deflator; and
LIBRARY
197
1
"(B) as a production incentive;
2 except that, unless modified pursuant to this section, any
3 adjustment to provide for an incentive for production shall
4 not permit an increase in the maximum weighted average
5 first sale price in excess of 3 per centum per annum (com-
6 pounded annually), and the combined effect of any such
7 modifications referred to in subparagraphs (A) and (B)
8 shall not result in an increase in the maximum weighted
9 average first sale price in excess of 10 per centum per annum
10 (compounded annually).
11
"(2) As used in this subsection, the term 'adjusted GNP
12 deflator' means the first revision of the quarterly percent
13 change, seasonally adjusted at annual rates, of the most
14 recent implicit price deflator for the gross national product
15 which shall be computed and published for each calendar
16 quarter by the Department of Commerce, subject to such
17 additional modification as the President shall make to exclude
18 therefrom any amount which he determines is attributable
19 solely and directly to increases which occur after the date of
20 enactment of this section in prices of imported crude oil,
21 residual fuel oil, or any refined petroleum product resulting
22 from concerted action of two or more petroleum exporting
23 countries.
24
"(3) The production incentive adjustment provided in
STATE
25 paragraph (1) may be made only on a finding by the Presi-
LIGRARY
198
1
dent that such an adjustment is likely to provide positive
2
incentive for
3
"(A) the discovery or development of high cost and
4
high risk properties (including new wildcat properties,
5
and properties located on the Outer Continental Shelf,
6
properties located north of the Arctic Circle, deep wells
7
and deep horizons in onshore or offshore properties, and
8
properties operated by independent producers);
9
"(B) the application of enhanced recovery tech-
10
niques to producing properties to obtain a level of pro-
11
duction higher than would otherwise occur from those
12
properties but for such adjustment; or
13
"(C) sustaining production from marginal wells,
14
including production from stripper wells.
15
"(e)(1) Not earlier than 90 days after the effective
16 date of the amendment promulgated under subsection (a)
17 and not earlier than 90 days after the date of any previous
18 submission under this subsection, the President may submit
19 to the Congress, in accordance with the procedures specified
20 in section 551 of the Energy Policy and Conservation Act,
21 an amendment to the regulation promulgated under section
22 4(a) which provides for (A) a production incentive adjust-
23 ment to the maximum weighted average first sale price in
24 excess of the 3 per centum limitation provided in subsection
25 (d)(1), (B) a combined adjustment limitation in excess
FORD LIBRARY
199
1 of the 10 per centum limitation provided in such subsection, or
2 (C) both.
3
"(2) Any such amendment shall be accompanied by
4 a finding that an additional adjustment as an incentive for
5 production, or a combined adjustment limitation greater
6 than permitted by subsection (d)(1), or both, is necessary
7 to provide a more adequate incentive with respect, to the
8 matters referred to in subparagraphs (A), (B), or (C)
9 of subsection (d)(3).
10
"(3) Any such amendment shall not take effect if
11 either House of Congress disapproves such amendment in
12 accordance with the procedures specified in section 551 of
13 the Energy Policy and Conservation Act.
14
"(f)(1) On February 15, 1977, the President shall
15 submit to the Congress a report containing an analysis of the
16 impact of any amendment adopted pursuant to this section on
17 the economy and on the supply of crude oil, residual fuel oil,
18 and refined petroleum products.
19
"(2) The President may submit with such report to the
20 Congress, in accordance with the procedures specified in sec-
21 tion 551 of the Energy Policy and Conservation Act, an
22 amendment to the regulation promulgated under section 4(a)
23 which-
24
"(A) provides for the continuation or modification
LIBRARY
200
1
of the production incentive (referred to in subsection (d)
2
as may have been amended pursuant to subsection (e));
3
"(B) provides for a modification of the combined
4
adjustment limitation (referred to in subsection (d) of
5
this section, as may have been amended pursuant to sub-
6
section (e)) ; or
7
"(C) provides for adjustments under both subpara-
8
graphs (A) and (B).
9
"(3) Such amendment shall not take effect if either House
10 of Congress disapproves such amendment in accordance with
11 the procedures specified in section 551 of the Energy Policy
12 and Conservation Act.
13
"(4) If any such amendment is disapproved by either
14 House of Congress, the President may, not later than 30 days
15 after the date of such disapproval, submit one additional
16 amendment in accordance with paragraph (2), which amend-
17 ment shall not take effect if either House of Congress dis-
18 approves such amendment in accordance with the procedures
19 specified in section 551 of the Energy Policy and Conserva-
20 tion Act.
21
"(5) If no amendment to continue or modify the ad-
22 justment as an incentive for production submitted under
23 paragraph (2) or (4) takes effect, or if the President fails
24 to submit an amendment to continue such an adjustment, no
25 such further adjustment thereafter may be taken into account
FORD
LIBRARY
201
1 in computing the maximum weighted average first sale price
2 for domestic crude oil under this section in any month fol-
3 lowing (A) the date on which a submission could have been
4 made under paragraph (2) but was not, or (B) the last date
5 on which a submission was disapproved and no further sub-
6 mission pursuant to paragraph (4) could be made, excèpt
7 that the President may, pursuant to the procedures under
8 subsection (e), submit an amendment to the regulation to
9 provide for a reinstatement, or modification, of an adjustment
10 as an incentive for production.
11
"(g)(1) On April 15, 1977, the President shall submit
12 to the Congress a report as to whether the regulation promul-
13 gated under section 4(a) and in effect on such date will pro-
14 vide positive price incentives for the development of the
15 domestic crude oil production referred to in paragraph
16 (2)(A) without lessening needed incentives for sustaining
17 or enhancing crude oil production in the remainder of
18 the United States.
19
"(2) If the President determines that a price required to
20 provide a positive incentive for the development of the
21 domestic crude oil production referred to in paragraph
22 (2)(A) would, because of the maximum weighted average
23 first sale price specified in subsection (a) of this section,
24 as adjusted, have the effect of reducing or limiting ceiling
25 prices permitted for crude oil produced in the remainder
202
1 of the United States to levels which would result in less
2 production of such crude oil than would otherwise occur,
3 the President may, together with such report, or at any time
4 thereafter not earlier than 90 days after any previous
5 submission under this subsection, except as provided in
6 paragraph (4), submit to the Congress in accordance with
7 the procedures specified in section 551 of the Energy Policy
8 and Conservation Act an amendment to the regulation
9 promulgated under section 4(a) which-
10
"(A) excludes up to two million barrels a day of
11
crude oil production transported through the trans-
12
Alaska pipeline from the computation of the maximum
13
weighted average first sale price specified in subsection
14
(a); and
15
"(B) establishes ceiling prices (or a manner of
16
determining prices) for the first sale of crude oil pro-
17
duction referred to in subparagraph (A) such that the
18
actual weighted average price for such production will
19
not exceed the highest actual weighted average first sale
20
price permitted under the regulation for significant vol-
21
umes of any other classification of domestic crude oil.
22
"(3) Any such amendment shall be accompanied by such
23 findings and supporting rationale as the President determines
24 justify : tch ceiling prices (or manner for determining such
FOND
25 prices). Any amendment submitted to the Congress pursuant
LIBRARY
203
1 to this subsection shall not take effect if either House of Con-
2 gress disapproves such amendment in accordance with the
3 procedures specified in section 551 of the Energy Policy
4 and Conservation Act.
5
"(4) If any such amendment is disapproved by either
6 House of Congress, the President may not later than 30 days
7 after the date of such disapproval submit one additional
8 amendment in accordance with paragraphs (2) and (3),
9 which amendment shall not take effect if either House of Con-
10 gress disapproves such amendment in accordance with the
11 procedures specified in section 551 of the Energy Policy and
12 Conservation Act.
13
"(5) If any amendment submitted by the President to
14 the Congress pursuant to this subsection becomes effective,
15 such amendment may thereafter be further amended by the
16 President, subject to the procedures and requirements of
17 paragraphs (2) and (3) of this subsection, except that no
18 such further amendment shall be submitted earlier than Jan-
19 uary 1, 1978, and thereafter no earlier than 90 days after
20 the date of any previous submission made under this para-
21 graph.
22
"(h) In any judicial review of an amendment required
23 by this section to be submitted to the Congress in accordance
24 with the procedures specified in section 551 of the Energy
25 Policy and Conservation Act, the reviewing court may not
204
1 hold unlawful or set aside any such amendment on the ground
2 that any findings made by the President were not adequate
3 to meet the requirements of such subsections or of subpara-
4 graph (A), (E), or (F) of section 706(2) of title 5, United
5
States Code.
6
"PASSTHROUGHS OF PRICE DECREASES
7
"SEC. 9. Not later than the first day of the second full
8 calendar month following the date of enactment of this sec-
9 tion, the regulation under section 4(a) shall provide for a
10 dollar-for-dollar passthrough in prices at all levels of distri-
11 bution from the producer through the retail level of decreases
12 in the costs of crude oil, residual fuel oil, and refined petro-
13 leum products (including decreases in costs which result from
14 a reduction in the price of crude oil produced in the United
15 States because of the amendment to such regulation required
16 under section 8(a)).".
17
(b)(1) Subsections (d) and (e) of Section 4 of the
18 Emergency Petroleum Allocation Act of 1973 are repealed,
19 and subsections (f) and (g) of such section 4 are redesignated
20 as subsections "(d)" and "(e)" of such section 4.
21
2 Section 4(a) of such Act is amended by (A) striking
22 out "Subject to subsection (f)" and inserting in lieu thereof
23 "Subject to subsection (d)"; and (B) striking out "Except as
24 provided in subsection (e) such" and inserting in lieu thereof
25 "Such".
205
1
(3) Section 4(c) of such Act is amended in paragraphs
2 (1), (4), and (5) thereof by striking out "subsections (b)
3 and (d)" wherever it appears and by inserting in lieu thereof
4 in each case "subsection (b)".
5
(4) Section 406 of Public Law 93-153 is repealed.
6
(5) The amendments made by paragraphs (1) and (2)
7 of this subsection shall take effect on the effective date of the
8 amendment promulgated under section 8(a) of the Emer-
9 gency Petroleum Allocation Act of 1973, as amended by
10 subsection (a) of this section.
11
LIMITATIONS ON PRICING POLICY
12
SEC. 402. (a) Paragraph (2) of section 4(b) of the
13 Emergency Petroleum Allocation Act of 1973 is amended
14 to read as follows:
15
"(2) In specifying prices (or prescribing the manner
16 for determining them), the regulation under subsection (a)-
17
"(A) shall provide for a dollar-for-dollar pass-
18
through of net increases in the cost of crude oil, residual
19
fuel oil, and refined petroleum products at all levels
20
of distribution from the producer through the retail
21
level;
22
((B)(i) shall not permit any net crude oil cost in-
23
creases—
24
"(I) which are incurred by a refiner during
206
1
any calendar month following the effective date of
2
this paragraph, and
3
"(II) which are not passed through in prices
4
charged pursuant to such regulation in the two
5
calendar months following the calendar month in
6
which such crude oil cost increases were incurred,
7
to be passed through by such refiner in any month sub-
8
sequent to the 2 calendar months following the calendar
9
month in which such crude oil cost increases were in-
10
curred, unless the President makes the findings specified
11
in clause (ii)(II)(aa), and such passthrough is con-
12
sistent with the requirements specified in clause (ii)
13
(II) (bb).
14
"(ii) shall not permit, except as otherwise provided
15
with respect to net crude oil costs passed through in prices
16
within the 2 calender months following the calendar
17
month in which such crude oil cost increases were in-
18
curred, the passthrough in any month of-
19
"(I) any net cost increases incurred and not
20
passed through prior to the effective date of this para-
21
graph unless such passthrough in any month is not
22
in excess of 10 percent of the total amount of in-
23
creased costs not passed through as of the last day
24
prior to the effective date of the amendment promul-
25
gated under section 8(a); and
LIBRARY
207
1
"(II) any net crude oil cost increases incurred
2
after the effective date of this paragraph, which net
3
increases were not passed through within the 2
4
calendar months following the calendar month in
5
which such crude oil cost increases were incurred,
6
unless—
7
"(aa) the President finds, and reports to
8
the Congress with respect to such finding, that
9
a passthrough of such net cost increases is
10
necessary to alleviate the impact on refiners,
11
marketers, or consumers of significant increases
12
in costs, to provide for equitable cost recovery
13
consistent with the attainment, to the maximum
14
extent practicable, of the objectives specified in
15
paragraph (1), or to avoid competitive
16
disadvantage; and
17
"(bb) such passthrough in any month of
18
such net cost increases is not in excess of 10
19
percent of the total amount of such net cost
20
increases;
21
"(C) shall provide for the use of the same date in
22
the computation of markup, margin, and posted price
23
for all marketers or distributors of crude oil, residual
24
fuel, and refined petroleum products at all levels of
25
marketing and distribution; and
LIBRARY
208
1
"(D) shall not permit more than a direct propor-
2
tionate distribution (by volume) to Number 2 oils
3
(Number 2 heating oil and Number 2-D diesel fuel),
4
aviation fuel of a kerosene or naphtha type, and pro-
5
pane produced from crude oil, of any increased costs
6
of crude oil incurred by a refiner; except that the Presi-
7
dent may, by amendment to the regulation under sub-
8
section (a) or by order, permit deviation from such
9
proportionate distribution of costs, if the President finds
10
that refinery operations justify such deviation and fur-
11
ther finds that to permit such deviation is consistent
12
with the attainment of the objectives in paragraph (1)
13
and would not result in inequitable prices for any class
14
of users of such product.
15 As used in this paragraph, the term'effective date of this
16 paragraph' means the effective date specified in section 402
17
(b) of the Energy Policy and Conservation Act.".
18
(b) The amendment made by this section to the Emer-
19 gency Petroleum Allocation Act of 1973 shall take effect on
20 the effective date of the amendment promulgated under sec-
21 tion 8(a) of such Act, as amended by section 401 of this Act.
22
(c) The Emergency Petroleum Allocation Act of 1973,
23 as amended by this Act, is further amended by adding at
24 the end thereof the following new section:
LIBRARY
209
1
"LIMITATIONS ON PRICING AUTHORITY
2
"SEC. 10. The President shall have no authority, under
3 this Act, or under the Energy Policy and Conservation Act,
4 to prescribe minimum prices for crude oil (or any classifica-
5 tion thereof), residual fuel oil, or any refined petroleum
6 product.".
7
ENTITLEMENTS
8
SEC. 403. (a) Subsection (e) of section 4 of the Emer-
9 gency Petroleum Alloaction Act of 1973, as redesignated by
10 section 402(b) (1) of this Act, is amended to read as follows:
11
"(g) Any provision of the regulation under subsection
12 (a) of this section-
13
"(1) which requires the purchase of entitlements, or
14
the payment of money through any other similar cash
15
transfer arrangement, the purpose of which is to reduce
16
disparities in the crude oil acquisition costs of domestic
17
refiners, and
18
"(2) which is based upon the number of barrels of
19
crude oil input, or receipts, or both, of any such refiner,
20 shall not apply to the first 50,000 barrels per day of input, or
21 receipts, or both, of any refiner whose total refining capacity
22 (including the refining capacity of any person who controls,
23 is controlled by, or is under common control with such refiner)
24 did not exceed on January 1, 1975, and does not thereafter
J. 62-671-014
210
1 exceed 100,000 barrels per day. The preceding sentence shall
2 not affect any provisions of the regulation under subsection
3 (a) of this section with respect to the receipt by any small
4 refiner as defined in section 3(4) of payments for entitlements
5 or any other similar cash transfer arrangement."
6
(b) Subsection (a) of this section shall apply with re-
7 spect to payments due on or after the last day of the month
8 during which the date of enactment of this Act occurs.
9 PART B-OTHER AMENDMENTS TO THE ALLOCATION ACT
10 AMENDMENTS TO THE OBJECTIVES OF THE ALLOCATION
11
ACT
12
SEC. 451. (a) Section 4(b)(1)(A) of the Emergency
13 Petroleum Allocation Act of 1973 is amended to read as
14 follows:
15
"(A) protection of public health (including the pro-
16
duction of pharmaceuticals), safety and welfare (includ-
17
ing maintenance of residential heating, such as individual
18
homes, apartments and similar occupied dwelling units),
19
and the national defense;".
20
(b) Section 4(b)(1)(G) of the Emergency Petroleum
21
Allocation Act of 1973 is amended to read as follows:
22
"(G) allocation of residual fuel oil and refined
23
petroleum products in such amounts and in such manner
24
as may be necessary for the maintenance of exploration
25
for, and production or extraction of-
211
1
"(i) fuels, and
2
"(ii) minerals essential to the requirements of
3
the United States,
4
and for required transportation related thereto,".
5
PENALTIES UNDER THE ALLOCATION ACT
6
SEC. 452. Section 5 of the Emergency Petroleum Allo-
7
cation Act of 1973 is amended:
8
(1) by striking out "sections 205 through 211" in
9
subsection (a)(1) of such section and inserting in lieu
10
thereof "sections 205 through 207 and sections 209
11
through 211"; and
12
(2) by adding at the end of subsection (a) of such
13
section the following:
14
"(3)(A) Whoever violates any provision of the regu-
15
lation under section 4(a) of this Act, or any order under this
16
Act shall be subject to a civil penalty-
17
"(i) with respect to activities relating to the pro-
18
duction or refining of crude oil, of not more than
19
$20,000 for each violation;
20
"(ii) with respect to activities relating to the dis-
21
tribution of residual fuel oil or any refined petroleum
22
product (other than at the retail level), of not more
23
than $10,000 for each violation; and
24
"(iii) with respect to activities relating to the dis-
25
tribution of residual fuel oil or any refined petroleum
212
1
product at the retail level or any other person, of not
2
more than $2,500 for each violation.
3
"(B) Whoever willfully violates any provision of such
4 regulation, or any such order shall be imprisoned not more
5 than 1 year, or-
6
"(i) with respect to activities relating to the produc-
7
tion or refining of crude oil, shall be fined not more than
8
$40,000 for each violation;
9
"(ii) with respect to activities relating to the distri-
10
bution of residual fuel oil or any refined petroleum prod-
11
uct (other than at the retail level), shall be fined not
12
more than $20,000 for each violation;
13
"(iii) with respect to activities relating to the distri-
14
bution of residual fuel oil or any refined petroleum prod-
15
uct at the retail level or any other person shall be fined
16
not more than $10,000 for each violation;
17
or both.
18
"(4) Any individual director, officer, or agent of a cor-
19 poration who knowingly and willfully authorizes, orders, or
20 performs any of the acts or practices constituting in whole
21 or in part a violation of paragraph (3), shall be subject to
22 penalties under this subsection without regard to any penal-
23 ties to which that corporation may be subject under para-
24 graph (3) except that no such individual director, officer,
25
or agent shall be subject to imprisonment under paragraph
213
1
(3), unless he also has knowledge, or reasonably should have
2 known, of notice of noncompliance received by the corpora-
3 tion from the President."
4
ANTITRUST PROVISION IN ALLOCATION ACT
5
SEC. 453. Section 6(c) of the Emergency Petroleum
6 Allocation Act of 1973 is amended to read as follows:
7
"(c) There shall be available as a defense to any action
8 brought for breach of contract in any Federal or State court
9 arising out of delay or failure to provide, sell, or offer for
10 sale or exchange petroleum, that such delay or failure was
11 caused solely by compliance with the provisions of this Act or
12 with the regulation or any order under this Act.".
13 EVALUATION OF REGULATION UNDER THE ALLOCATION ACT
14
SEC. 454. The Emergency Petroleum Allocation Act of
15 1973, as amended by this Act, is further amended by adding
16 at the end thereof the following new section:
17
"REEVALUATION OF SECTION 4(a) REGULATION
18
"SEC. 11. (a) Not later than 60 days after the date of
19 enactment of this section, the President shall give appropri-
20 ate notice and afford interested persons an opportunity to pre-
21 sent written and oral data, views, and arguments respecting
22 the appropriateness of, or the continuing need for, the appli-
23 cation of the regulation promulgated under section 4(a) to
24 provide, to the maximum extent practicable, for the attain-
25 ment of the objectives specified in section 4(b)(1) of sec-
214
1 tion 4. A transcript shall be kept of any such oral presenta-
2 tion of data, views, and argument.
3
"(b) The President shall, after consideration of such
4 written and oral presentations and such other information
5 as may be available to him-
6
"(1) analyze such presentations and report thereon
7
to the Congress within 120 days after the date of enact-
8
ment of this section; and
9
"(2) shall promulgate, pursuant to the limitations
10
and authority under section 12, such amendment, or
11
amendments, to the regulation promulgated under section
12
4(a) as he determines are necessary or appropriate-
13
"(A) to modify provisions in a manner which
14
is consistent with the attainment, to the maximum
15
extent practicable, of objectives specified in section
16
4(b) (1) ; or
17
"(B) to eliminate provisions no longer necessary
18
to provide for the attainment of such objectives.".
19
CONVERSION TO STANDBY AUTHORITIES
20
SEC. 455. The Emergency Petroleum Allocation Act of
21 1973, as amended by this Act, is further amended by adding
22 at the end thereof the following new section:
23
"CONVERSION MECHANISM TO STANDBY AUTHORITIES
24
"SEC. 12. (a) The President may not amend the regu-
25
lation under section 4(a) in any manner which-
215
1
"(1) exempts crude oil produced in the United
2
States from such regulation as required to be amended
3
pursuant to section 8; or
4
"(2) results in making such regulation, as so
5
amended, inconsistent with any limitation or other re-
6
quirement specified in section 8.
7
"(b) Except as provided in subsection (a), the Presi-
8 dent may amend the regulation under section 4(a) if he de-
9 termines that such amendment is consistent with the attain-
10 ment, to the maximum extent practicable, of the objectives
11 specified in section 4(b)(1) and that the regulation, as
12 amended, provides for the attainment, to the maximum extent
13 practicable, of such objectives.
14
"(c)(1) Any such amendment which, with respect to
15 a class of persons or class of transactions (including any
16 transactions within any market level), exempts crude oil,
17 residual fuel oil, or any refined petroleum product or refined
18 product category from the provisions of the regulation under
19 section 4(a) as such provisions pertain to either (A) the
20 allocation of amounts of any such oil or product, or (B)
31 the specification of price or the manner for determining the
22 price of any such oil or product, or both of the matters
23 described in subparagraphs (A) and (B), may take effect
24 only pursuant to the provisions of this subsection.
25
"(2) The President shall submit any amendment re-
216
1 ferred to in paragraph (1) to the Congress in accordance
2 with the procedures specified in section 551 of the Energy
3 Policy and Conservation Act. Any such amendment shall
4 be accompanied by a specific statement of the President's
5 rationale for such amendment and the matter described in
6 subsection (d) of this section. Such an amendment may-
7
(A) apply only to one oil or one refined product
8
category;
9
(B) may apply to the matters specified in either sub-
10
paragraph (A) or (B) of paragraph (1) of this sub-
11
section, or both; and
12
(C) may provide for scheduled or phased imple-
13
mentation.
14
"(3) As used in this section the term 'refined product
15
category' means-
16
"(A) motor gasoline;
17
"(B) Number 2 oils (Number 2 heating oil and
18
Number 2-D diesel fuel) ;
19
"(C) propane; or
20
"(D) all or any portion of other refined petroleum
21
products as a class (including natural gas liquids and
22
natural gas liquid products, other than propane).
23
"(4) Such an amendment shall not take effect if either
24
House of Congress disapproves such amendment in accord-
217
1
ance with the procedures specified in section 551 of the
2
Energy Policy and Conservation Act.
3
"(d)(1) The President shall support any amendment
4
to the regulation under subsection (a) which is transmitted
5
to the Congress under subsection (c) of this section with a
6
finding that such amendment is consistent with the attain-
7
ment of the objectives specified in subsection 4(b)(1) and
8
in the case of-
9
"(A) any exemption described in subsection (c)(1)
10
(A), with a finding that such oil or refined product
11
category is no longer in short supply and that exempt-
12
ing such oil or refined product category will not have
13
an adverse impact on the supply of any other oil or
14
refined petroleum product subject to this Act; and
15
"(B) any exemption described in subsection (c) (1)
16
(B), with a finding that competition and market forces
17
are adequate to protect consumers and that exempting
18
such oil or refined product category will not result in
19
inequitable prices for any class of users of such oil
20
or product.
21
"(2) Any amendment which the President submits to
22
the Congress under subsection (c) of this section shall be
23 accompanied-
24
"(A) by a statement of the President's views as to
218
1
the potential economic impacts (if any) of such amend-
2
ment which, where practicable, shall include his views
3
as to
4
"(i) the State and regional impacts of such
5
amendment (including effects on governmental
6
units);
7
"(ii) the effects of such amendment on the
8
availability of consumer goods and services; the
9
gross national product; competition; small business;
10
and the supply and availability of energy resources
11
for use as fuel or as feedstock for industry; and
12
"(iii) the effects on employment and consumer
13
prices; and
14
"(B) in the case of an exemption described in
15
subsection (c)(1)(B) of this section, by an analysis
16
of the effects of such amendment on the rate of unem-
17
ployment for the United States, the Consumer Price
18
Index for the United States, and the implicit price de-
19
flator for the gross national product.
20
"(e) In any judicial review of an amendment required
21 by this section to be submitted to Congress in accordance
22 with the procedures specified in section 551 of the Energy
23 Policy and Conservation Act, the reviewing court may not
24 hold unlawful or set aside any such amendment on the
25 ground that any findings made by the President were not
219
1 adequate to meet the requirements of subsection (c) of this
2 section or subparagraph (A), (E), or (F), of section
3 706(2) of title 5, United States Code.
4
"(f) With respect to any oil or refined product cate-
5 gory which is exempted pursuant to the provisions of this
6 subsection the President shall have authority at any time
7 thereafter to prescribe a regulation or issue an order respect-
8 ing either the allocation of amounts, or the specification of
9 price or the manner for determining the price, of any such
10 oil or refined product category upon a determination by
11 him that such regulation or order is necessary to attain, and
12 is consistent with, the objectives specified in section 4(b)(1).
13 Any such oil or refined product category for which allo-
14 cation or price requirements are reimposed under authority
15 of this subsection may subsequently be exempted without
16 regard to the provisions of subsection (b) of this section.
17
"(g) Notwithstanding the provisions of subsection (g) of
18 section 4, the President may, if he determines that the exemp-
19 tion from payments for certain small refiners required by
20 such subsection-
21
(1) results in unfair economic or competitive advan-
22
tage with respect to other small refiners; or
23
(2) otherwise has the effect of seriously impairing
24
the President's ability to provide in the regulation under
25
section 4(a) for the attainment of the objective specified
220
1
in section 4(b)(1)(D) and for the attainment of those
2
other objectives specified in section 4(b)(1);
3 submit, in accordance with the procedures specified in section
4 551 of the Energy Policy and Conservation dol, an amend-
5 ment to modify the regulation under section 4(a) with respect
6 to the provisions of such regulation as they relate to such
7 exemption. Such amendment shall not take effect if disap-
8 proved by either House of Congress under the procedures
9 specified in such section 551.".
10
TECHNICAL PURCHASE AUTHORITY
11
SEC. 456. The Emergency Petroleum Allocation Act of
12 1973, as amended by this Act, is further amended by adding
13 at the end thereof the following new section:
14
"TECHNICAL PURCHASE AUTHORITY
15
"SEC. 13. (a) The President may, by amendment to
16 the regulation under section 4(a) of this Act, provide for and
17 implement a procedure pursuant to which the United States
18 may exercise the exclusive right to import and purchase all
19 or any part of the crude oil, residual fuel oil, and refined
20 petroleum products of foreign origin for resale in the United
21 States.
22
"(b) The authorities granted under this section shall
23 not be used for the purpose, or with the effect, of providing
24 a subsidy or preference to any importer, purchaser, or user.
25
"(c) In exercising any authorities granted under this
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221
1 section, the President shall endeavor to buy and sell without
2 profit or loss, except that the President may, in individual
3 cases, sell, on a competitive bid basis, crude oil, residual fuel
4 oil, or any refined petroleum product at a price above or below
5 the cost of such oil or product if, in the judgment of the
6 President, such sales may result in progress toward a lower
7 price for oil sold in international commerce.
8
"(d) Any amendment to the regulation proposed to be
9 implemented under this section shall be submitted to Congress
10 for review under section 551 of the Energy Policy and Con-
11 servation Act, together with a detailed explanation of the
12 procedure to be employed and the need therefor and shall
13 be supported by findings by the President that the exercise
14 of such authority is likely to reduce prices for imported oils
15 and products. Such amendment shall not take effect if dis-
16 approved by either House of the Congress in accordance with
17 the procedures specified in section 551 of such Act and any
18 authority to purchase shall be subject to appropriations Acts.
19
"(e) The President shall submit, within 90 days after
20 the date of enactment of this section, a report which evaluates
21 the feasibility of reducing the price of crude oil, residual fuel
22 oil, or refined petroleum products of foreign origin for resale
23 in the United States by providing incentives for domestic
24 producers who also import such oils or products into the
25 United States, to work for the reduction of the price of such
LIBRARY
I
222
1 oils or product. The report shall specifically discuss whether
2 increasing aggregate old crude oil prices by an amount re-
3 lated to any decrease in aggregate prices for such imported
4 oils and products would serve as an incentive for domestic
5 producers to reduce the price of such imported oils and
6
products.".
7
DIRECT CONTROLS ON REFINERY OPERATIONS
8
SEC. 457. The Emergency Petroleum Allocation Act of
9 1973, as amended by this Act, is further amended by adding
10 at the end thereof the following new section:
11
"DIRECT CONTROLS ON REFINERY OPERATIONS
12
"SEC. 14. The President may, by amendment to the
13 regulation under section 1(a) of this Act or by order, as may
14 be consistent with the attainment, to the maximum extent
15 practicable, of the objectives specified in section 4(b) (1) of
16 this Act, require adjustments in the operations of any re-
17 finery in the United States with respect to the proportions
18 of residual fuel oil or any refined petroleum product pro-
19 duced through such operations if he determines such ad-
20 justments are necessary to assure the production of residual
21 fuel oil or any refined petroleum product in such propor-
22 tions necessary or appropriate to attain, to the maximum
23 extent practicable, the objectives specified in section 4(b)
24 (1).".
FORD
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223
1
INVENTORY CONTROLS
2
SEC. 458. The Emergency Petroleum Allocation Act of
3 1973, as amended by this Act, is further amended by adding
4 at the end thereof the following new section:
5
"INVENTORY CONTROLS
6
"SEC. 15. (a) In addition to other authority provided
7 for in this Act to alleviate shortages of crude oil, residual
8 fuel oil, and refined petroleum products, the President may,
9 if he finds an existing or impending regional or national
10 supply shortage of any fuel, by amendment to the regulation
11 under section 4(a) of this Act or by order, consistent with
12 the attainment, to the maximum extent practicable, of the
13 objectives specified in section 4(b)(1), require adjustments
14 in the amounts of crude oil, residual fuel oil or any refined
15 petroleum product which are held in inventory by persons
16 who are engaged in the business of importing, producing,
17 refining, marketing, or distributing such oils or products.
18
"(b) The authority specified in subsection (a) may be
19 exercised to require either-
20
"(1) a distribution from such inventories to speci-
21
fied persons or classes of persons at specified rates of
22
distribution or to specified levels of inventory accumula-
23
tion; or
224
1
"(2) the accumulation of inventories at specified
2
rates of accumulation or to specified levels,
3 as the President determines may be necessary to the attain-
4 ment, to the maximum extent practicable, of the objectives
5 of section 4(b)(1) or as may be necessary to carry out the
6 obligations of the United States under the international energy
7 program, as defined in section 3 of the Energy Policy and
8 Conservation Act.
9
"(c) The authority specified in subsection (a) may re-
10 quire the maintenance of inventories at levels greater or
11 lesser than such person's normal business or operating re-
12 quirements; except that such amounts shall not exceed the
13 amount of oil or product, as the case may be, such person
14 would use or distribute during any 90-day period of peak
15 usage and in no case may the requirement to accumulate
16 inventories be applied to any person in a manner which
17
would necessitate such person making physical additions to
18 storage facilities in order to comply with any such rule or
19 order."
20
HOARDING PROHIBITIONS
21
SEC. 459. The Emergency Petroleum Allocation Act of
22 1973, as amended by this Act, is further amended by adding
23 at the end thereof the following new section:
225
1
"HOARDING PROHIBITIONS
2
"SEC. 16. Except as may be otherwise provided with
3 respect to persons engaged in the business of producing,
4 refining, distributing, or marketing crude oil, residual fuel
5 oil, or any refined petroleum product pursuant to section
6 15 or pursuant to requirements under section 156 of the
7 Energy Policy and Conservation Act (relating to the Indus-
8 trial Strategic Petroleum Reserve), the regulation under
9 section 4(a) shall prohibit any person, during a severe
10 energy supply interruption (as defined in section 3 of the
11 Energy Policy and Conservation Act) from willfully
12 accumulating crude oil, residual fuel oil, or any refined
13 petroleum product in inventories, or otherwise, in amounts
14 which are in excess of such person's reasonable needs (as
15 such term shall be defined in such regulation).".
16
ASPHALT ALLOCATION AUTHORITY
17
SEC. 460. The Emergency Petroleum Allocation Act. of
18 1973, as amended by this Act, is further amended by adding
19 at the end thereof the following new section:
20
"ASPHALT ALLOCATION AUTHORITY
21
"SEC. 17. (a) The President may amend the regula-
22 tion under section 4(a) of this Act to provide, in a manner
23 which he finds is consistent with the attainment, to the
J.62-671-0-15
226
1 maximum extent practicable, of the objectives specified in
2 section 4(b)(1) of this Act, for the mandatory allocation
3 of asphalt in amounts specified in (or determined in the
4 manner prescribed by), or at prices specified in (or deter-
5 mined in a manner prescribed by) such amendment to the
6 regulation, or both.
7
"(b) If the President exercises the authority under this
8 section, he may thereafter amend the regulation under sec-
9 tion 4(a) to exempt asphalt from such regulation without
10 regard to the provisions of section 12 of this Act.".
11
EXPIRATION OF AUTHORITIES
12
SEC. 461. The Emergency Petroleum Allocation Act
13 of 1973 is amended by adding to the end of such Act, as
14 amended by this Act, the following new section:
15
"SEC. 18. Notwithstanding any other provision of this
16 Act, at midnight on the conclusion of the 39th month which
17 follows the first month in which the amendment under sec-
18 tion 8(a) is in effect, the President's authority to promul-
19 gate, make effective, and amend a regulation pursuant to
20 section 4(a) of this Act shall become discretionary rather
21 than mandatory, and the limitations on the President's au-
22 thority contained in sections 4(b)(2), 8, and 9 of this Act
23 shall terminate. The authority to promulgate and amend any
24 regulations or to issue any order under section 4 of this Act
25 shall expire at midnight September 30, 1981, but such
227
1 expiration shall not affect any action or pending proceed-
2 ings, administrative, civil, or criminal, not finally deter-
3 mined on such date, nor any administrative, civil, or criminal
4 action or proceeding, whether or not pending, based upon
5 any act committed or liability incurred prior to such expira-
6 tion date.".
7
REIMBURSEMENT TO STATES
8
SEC. 462. The Emergency Petroleum Allocation Act of
9 1973, as amended by this Act, is further amended by adding
10 at the end thereof the following new section:
11
"REIMBURSEMENT TO STATES
12
"SEC. 19. (a) The President is authorized to reimburse
13 any State for expenses incurred by such State in carrying
14 out any responsibilities delegated to such State by the Presi-
15 dent under the provisions of this Act,
16
"(b) Such reimbursements for the first fiscal year which
17 begins after the date of enactment of this section shall be paid
18 from funds authorized under this section and appropriated
19 for such purpose.
20
"(c) Not later than June 1, 1976, the President shall
21
submit a report to the Congress analyzing and detailing the
22 amount and nature of any reimbursements made to any State
23 for expenses described in subsection (a) incurred prior to
24 such date and specifically recommending whether authoriza-
25
tions of additional funds for direct grants to States are neces-
LIBRARY
228
1 sary or appropriate for the continued operation of the reim-
2
bursement provisions authorized by this section.
3
EFFECTIVE DATE OF ALLOCATION ACT AMENDMENTS
4
SEC. 463. Except as otherwise provided, the amendments
5
made by this 1ct to the Emergency Petroleum Allocation Act
6 of 1973 shall take effect at midnight, December 15, 1975.
7
tribution (at other than the retail level) of energy
8
resources—
9
(A) if such person has furnished, directly or
10
indirectly, energy information (without regard to
11
whether such information was furnished pursuant to
12
legal requirements) to any Federal agency (other
13
than the Internal Revenue Service), and
14
(B) if the Comptroller General of the United
15
States determines that such information has been
16
or is being used or taken into consideration, in
17
whole or in part, by a Federal agency in carrying
18
out responsibilities committed to such agency; or
19
(3) any vertically integrated petroleum company
20
with respect to financial information of such company
21
related to energy resource exploration, development, and
22
production and the transportation, refining and market-
23
ing of energy resources and energy products.
24
(b) The Comptroller General shall conduct verification
25
examinations of any person or company described in sub-
229
]
section (a), if requested to do so by any duly established
2
committee of the Congress having legislative or oversight
3
responsibilities under the rules of the House of Representa-
4 tives or of the Senate, with respect to energy matters or any
5 of the laws administered by the Department of the Interior
6
(or the Secretary thereof), the Federal Power Commission,
7 or the Federal Energy Adminstration.
8
(c) For the purposes of this title-
9
(1) The term "verification examination" means an
10
examination of such books and records of a person or
11
company as the Comptroller General determines neces-
12
sary and appropriate to assess the accuracy, reliability,
13
and adequacy of the energy information or financial
14
information, referred to in subsection (a).
15
(2) The term "energy information" has the same
16
meaning as such term has in section 11(e)(1) of the
17
Energy Supply and Environmental Coordination Act of
18
1974.
19
(3) The term "person" has the same meaning as
20
such term has in section 11(e)(2) of the Energy Supply
21
and Environmental Coordination Act of 1974.
22
(4) The term "vertically integrated petroleum com-
23
pany" means any person which itself, or through a per-
24
son which is controlled by, controls, or is under common
LIURARY
230
1
control with such person, is engaged in the production,
2
refining, and marketing of petroleum products.
3
POWERS OF THE COMPTROLLER GENERAL AND REPORTS
4
SEC. 502. (a) For the purpose of carrying out his
5
authority under section 501-
6
(1) the Comptroller General may-
7
(A) sign and issue subpenas for the attend-
8
ance and testimony of witnesses and the production
9
of books, records, papers, and other documents;
10
(B) require any person, by general or special
11
order, to submit answers in writing to interroga-
12
tories, to submit books, records, papers, or other
13
documents, or to submit any other information or
14
reports, and such answers or other submissions shall
15
be made within such reasonable period, and under
16
oath or otherwise, as the Comptroller General may
17
determine; and
18
(C) administer oaths.
19
(2) the Comptroller General, or any officer or em-
20
ployee duly designated by the Comptroller General, upon
21
presenting appropriate credentials and a written notice
22
from the Comptroller General to the owner, operator, or
23
agent in charge, may-
24
(A) enter, at reasonable times, any business
25
premise or facility; and
231
1
(B) inspect, at reasonable times and in a rea-
2
sonable manner, any such premise or facility, inven-
3
tory and sample any stock of energy resources
4
therein, and examine and copy books, records,
5
papers, or other documents, relating to any energy
6
information, or any financial information in the
7
case of a vertically integrated petroleum company.
8
(b) The Comptroller General shall have access to any
9 energy information within the possession of any Federal
10 agency (other than the Internal Revenue Service) as is neces-
11 sary to carry out his authority under this section.
12
(c) (1) Except as provided in subsections (d) and
13 (e), the Comptroller General shall transmit a copy of the
14 results of any verification examination conducted under sec-
15 tion 501 to the Federal agency to which energy information
16 which was subject to such examination was furnished.
17
(2) Any report made pursuant to paragraph (1) shall
18 include the Comptroller General's findings with respect to the
19 accuracy, reliability, and adequacy of the energy informa-
20 tion which was the subject of such examination.
21
(d) If the verification examination was conducted at the
22 request of any committee of the Congress, the Comptroller
23 General shall report his findings as to the accuracy, relia-
24 bility, or adequacy of the energy information which was
25 the subject of such examination, or financial information in
232
1 the case of a vertically integrated petroleum company, di-
2 rectly to such committee of the Congress and any such infor-
3 mation obtained and such report shall be deemed the prop-
4 crty of such committee and may not be disclosed except in
5 accordance with the rules of the committee and the rules of
6 the House of Representatives for the Senate and as permitted
7 by law.
8
(e) (1) Any information obtained by the Comptroller
9 General or any officer or employee of the General Accounting
10 Office pursuant to the exercise of responsibilities or
11 authorities under this section which relates to geological or geo-
12 physical information, or any estimate or interpretation there-
13 of, the disclosure of which would result in significant com-
14 petitive disadvantage or significant loss to the owner thereof
15 shall not be disclosed except to a committee of Congress. Any
16 such information so furnished to a committee of the Congress
17 shall be deemed the property of such committee and may not
18 be disclosed except in accordance with the rules of the com-
19 mittee and the rules of the House of Representatives or the
20 Senate and as permitted by law.
21
(2) Any person who knowingly discloses information in
22 violation of paragraph (1) shall be subject to the penalties
23 specified in section 5(a) (3)(B) and (4) of the Emergency
24 Petroleum Allocation Act of 1973, as amended by section 452
25 of this Act.
233
1
(f) The Comptroller General shall prepare and submit
2 to the Congress an annual report with respect to the exercise
3 of its authorities under this part, which report shall specifi-
4 cally identify any deficiencies in energy information or finan-
5 cial information reviewed by the Comptroller General and
6 include a discussion of action taken by the person or company
7 so examined, if any, to correct any such deficiencies.
8
ACCOUNTING PRACTICES
9
SEC. 503. (a) For purposes of developing a reliable
10 energy data base related to the production of crude oil and
11 natural gas, the Securities and Exchange Commission shall
12 take such steps as may be necessary to assure the development
13 and observance of accounting practices to be followed in the
14 preparation of accounts by persons engaged, in whole or in
15 part, in the production of crude oil or natural gas in the
16 United States. Such practices shall be developed not later than
17 24 months after the date of enactment of this Act and shall
18 take effect with respect to the fiscal year of each such person
19 which begins 3 months after the date on which such practices
20 are prescribed or made effective under authority of subsection
21
(b) (2).
22
(b) In carrying out its responsibilities under subsection
23
(a), the Securities and Exchange Commission shall-
24
(1) consult with the Federal Energy Administra-
25
tion, the General Accounting Office, and the Federal
234
1
Power Commission with respect to accounting practices
2
to be developed under subsection (a), and
3
(2) have authority to prescribe rules applicable to
4
persons engaged in the production of crude oil or natural
5
gas, or make effective by recognition, or by other appro-
6
priate means indicating a determination to rely on, ac-
7
counting practices developed by the Financial Accounting
8
Standards Board, if the Securities and Exchange Com-
9
mission is assured that such practice will be observed by
10
persons engaged in the production of crude oil or natural
11
gas to the same extent as would result if the Securities and
12
Exchange Commission had prescribed such practices by
13
rule.
14 The Securities and Exchange Commission shall afford inter-
15 ested persons an opportunity to submit written comment with
16 respect to whether it should exercise its discretion to recognize
17 or otherwise rely on such accounting practice in lieu of pre-
18 scribing such practices by rule and may extend the 24-month
19 period referred to in subsection (a) as it determines may be
20 necessary to allow for a meaningful comment period with
21 respect to such determination.
22
(c) The Securities and Exchange Commission shall as-
23 sure that accounting practices developed pursuant to this sec-
24 tion, to the greatest extent practicable, permit the compilation,
LIBRARY
235
1
treating domestic and foreign operations as separate catego-
2
ries, of an energy data base consisting of :
3
(1) The separate calculation of capital, revenue,
4
and operating cost information pertaining to-
5
(A) prospecting
6
(B) acquisition,
7
(C) exploration,
8
(D) development, and
9
(E) production,
10
including geological and geophysical costs, carrying
11
costs, unsuccessful exploratory drilling costs, intangible
12
drilling and development costs on productive wells, the
13
cost of unsuccessful development wells, and the cost of
14
acquiring oil and gas reserves by means other than de-
15
velopment. Any such calculation shall take into account
16
disposition of capitalized costs, contractual arrangements
17
involving special conveyance of rights and joint op-
18
erations, differences between book and tax income, and
19
prices used in the transfer of products or other assets
20
from one person to any other person, including a person
21
controlled by controlling or under common control with
22
such person.
23
(2) The full presentation of the financial informa-
LIBRARY
236
1
tion of persons engaged in the production of crude oil or
2
natural gas, including-
3
(A) disclosure of reserves and operating ac-
4
tivities, both domestic and foreign, to facilitate evalu-
5
ation of financial effort and result; and
6
(B) classification of financial information by
7
function to facilitate correlation with reserve and
8
operating statistics, both domestic and foreign.
9
(3) Such other information, projections, and rela-
10
tionships of collected data as shall be necessary to facil-
11
itate the compilation of such data base.
12
ENFORCEMENT
13
SEC. 504. (a) Any person who violates any general or
14 special order of the Comptroller General issued under sec-
15 tion 502 (a) (1) (B) of this Act may be assessed a civil
16 penalty not to exceed $10,000 for each violation. Each day
17 of failure to comply with such an order shall be deemed a
18 separate violation. Such penalty shall be assessed by the
19 Comptroller General and collected in a civil action brought
20 by the Comptroller General through any attorney employed
21 by the General Accounting Office or any other attorney
22 designated by the Comptroller General, or, upon request
23 of the Comptroller General, the Attorney General. A person
237
1 shall not be liable with respect to any period during which
2 the effectiveness of the order with respect to such person was
3 stayed.
4
(b) Any action to enjoin or set aside an order issued
5 under section 502(a)(1)(B) may be brought only before
6 the United States Court of Appeals for the District of
7 Columbia. Any action to collect a civil penalty for violation
8 of any general or special order may be brought only in the
9 United States District Court for the District of Columbia.
10 In any action brought under subsection (a) to collect a
11 civil penalty, process may be served in any judicial district
12 of the United States.
13
(c) Upon petition by the Comptroller General through
14 any attorney employed by the General Accounting Office or
15 designated by the Comptroller General, or, upon request of
16 the Comptroller General, the Attorney General, any United
17 States district court within the jurisdiction of which any
18 inquiry under this part is carried on may, in the case of
19 refusal to obey a subpena of the Comptroller General issued
20 under this part, issue an order requiring compliance there-
21 with; and any failure to obey the order of the court may be
22
treated by the court as a contempt thereof.
238
1
AMENDMENT TO ENERGY SUPPLY AND ENVIRONMENTAL
2
COORDINATION ACT OF 1974
3
SEC. 505. (a) Section 11(c) of The Energy Supply
4
and Environmental Coordination Act of 1974 is amended
5 by adding at the end thereof the following:
6
"(3) In order to carry out his responsibilities under
7
subsection (a) of this section, the Federal Energy Ad-
8
ministrator shall require, pursuant to subsection (b) (1)
9
(A) of this section, that persons engaged, in whole or in
10
part, in the production of crude oil or natural gas-
11
(4) keep energy information in accordance
12
with the accounting practices developed pursuant to
13
section 503 of the Omnibus Energy Policy and Con-
14
servation Act of 1975, and
15
(B) submit reports with respect to energy in-
16
formation kept in accordance with such practices.
17
The Administrator shall file quarterly energy data base
18
reports with the President and the Congress compiled
19
from accounts kept in accordance with such section 503
20
and submitted to the Administrator in accordance with
21
this paragraph. Such reports shall present energy in-
22
formation in the categories specified in subsection (c) of
23
such section 503 to the extent that such information may
24
be compiled from such accounts. Such energy informa-
25
tion shall be collected and such quarterly reports made for
239
1
each calendar quarter which begins 6 months after the
2
effective date of the accounting practices developed pur-
3
suant to such section 503."
4
(b) The amendment made by subsection (a) to section
5
11(c) of the Energy Supply and Environmental Coordina-
6
tion Act of 1974 shall take effect on the first day of the
7
first accounting quarter to which such practices apply.
8
EXTENSION OF ENERGY INFORMATION GATHERING
9
AUTHORITY
10
SEC. 506. Section 11(g)(2) of the Energy Supply and
11
Environmental Coordination Act of 1974 is amended by
12 striking out "June 30, 1975" wherever it appears and in-
13 serting in lieu thereof "December 31, 1979".
14
PART B-GENERAL PROVISIONS
15
PROHIBITION ON CERTAIN ACTIONS
16
SEC. 521. (a) Action taken under the authorities to
17 which this section applies, resulting in the allocation of
18 petroleum products or electrical energy among classes of
19 users or resulting in restrictions on use of petroleum prod-
20 ucts and electrical energy shall not be based upon un-
21 reasonable classifications of, or unreasonable differentiations
22 between, classes of users. In making any such allocation the
23 President, or any agency of the United States to which such
24 authority is delegated, shall give consideration to the need
25 to foster reciprocal and nondiscriminatory treatment by
240
1 foreign countries of United States citizens engaged in com-
2 merce in those countries.
3
(b) To the maximum extent practicable, any restric-
4 tion under authorities to which this section applies on the use
5 of energy shall be designed to be carried out in such manner
6 so as to be fair and to create a reasonable distribution of the
7 burden of such restriction on all sectors of the economy, with-
8 out imposing an unreasonably disproportionate share of such
9 burden on any specific class of industry, business, or com-
10 mercial enterprise, or on any individual segment thereof. In
11 prescribing any such restriction, due consideration shall be
12 given to the needs of commercial, retail, and service estab-
13 lishments whose normal function is to supply goods or services
14 of an essential convenience nature during times of day other
15
than conventional daytime working hours.
16
(c) This section applies to actions under any of the
17
following authorities:
18
(1) titles I and II of this Act (other than any pro-
19
vision of such titles which amend another law).
20
(2) this title.
21
(3) the Emergency Petroleum Allocation Act of
22
1973.
23
CONFLICTS OF INTEREST
24
SEC. 522. (a) Each officer 01' employee of the Federal
241
1
Energy Administration or of the Department of the Interior
2 who-
3
(1) performs any function or duty under this Act;
4
and
5
(2) has any known financial interest-
6
(A) in any person engaged in the business of c.i-
7
ploring, developing, producing, refining, transporting by
8
pipeline, or distributing (other than at the retail level)
9
coal, natural gas, or petroleum products. or
10
(B) in property from which coal, natural gas, or
11
crude oil is commercially produced;
12 shall, beginning on February 1, 1977, annually file with the
13 Administrator or the Secretary of the Interior, as the case
14 may be, a written setatement disclosing all such interests held
15 by such officer or employee during the preceding calendar
16 year. Such statement shall be subject to examination: and
17 available for copying, by the public upon request.
18
(b) The Administrator and the Secretary of the Interior
19 shall each-
20
(1) act, within 90 days after the date of enactment
21
of this Act, in accordance with section 553 of title 5,
22
United States Code—
23
(A) to define the term "known financial in-
24
terest" for purposes of subsection (a); and
.J. 62-671-0-10
242
1
(B) to establish the methods by which the
2
requirement to file written statements specified in
3
subsection (a) will be monitored and enforced,
4
including appropriate provisions for the filing by
5
such officers and employees of such statements and
6
the review by the Administrator or the Secretary of
7
the Interior, as the case may be, of such statements;
8
and
9
(2) report to the Congress on June 1 of each
10
calendar year with respect to such disclosures and the
11
actions taken in regard thereto during the preceding
12
calendar year.
13
(c) In the rules prescribed in subsection (b), the Ad-
14 ministrator and the Secretary of the Interior each may
15 identify specific positions, or classes thereof within the Fed-
16 eral Energy Administration or Department of the Interior,
17 as the case may be, which are of a nonregulatory and non-
18 policymaking nature and provide that officers or employees
19 occupying such positions shall be exempt from the require-
20 ments of this section.
21
(d) Any officer or employee who is subject to, and
22 knowingly violates, subsection (a) shall be fined not more
23 than $2,500 or imprisoned not more than one year, or both.
24
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW
25
SEC. 523. (a) (1) Subject to paragraphs (2), (3), and
243
1 (4) of this subsection, the provisions of subchapter II of
2 chapter 5 of title 5, United States Code, shall apply to any
3 rule, regulation, or order having the applicability and effect
4 of a rule as defined in section 551(4) of title 5, United
5 States Code, issued under title I (other than section 103
6 thereof) and title II of this Act, or this title (other than
7 any provision of such titles which amends another law).
8
(2)(A) Notice of any proposed rule, regulation, or
9 order described in paragraph (1) which is substantive and
10 of general applicability shall be given by publication of such
11 proposed rule, regulation, or order in the Federal Register.
12 In each case, a minimum of 30 days following the date of
13 such publication and prior to the effective date of the rule
14 shall be provided for opportunity to comment; except that the
15 30-day period for opportunity to comment prior to the effec-
16 tive date of the rule may be-
17
(i) reduced to no less than 10 days if the President
18
finds that strict compliance would seriously impair the
19
operation of the program to which such rule, regulation,
20
or order relates and such findings are set out in such
21
rule, regulation, or order, or
22
(ii) waived entirely, if the President finds that such
23
waiver is necessary to act expeditiously during an
24
emergency affecting the national security of the United
25
States.
244
1
(B) Public notice of any rule, regulation, or order
2 which is substantive and of general applicability which is
3 promulgated by officers of (I State or political subdivision
4 thereof or to State or local boards which have been delegated
5 authority pursuant to title I or II of this Act or this title
6 (other than any provision of such title) which amend an-
7 other law shall, to the maximum extent practicable, be
8 achieved by publication of such rules, regulations, or orders
9 in a sufficient number of newspapers of general circulation
10 calculated to receive widest practicable notice.
11
(3) In addition to the requirements of paragraph (2)
12 and to the maximum extent practicable, an opportunity for
13 oral presentation of data, views, and arguments shall be
14 afforded and such opportunity shall be afforded prior to the
15 effective date of such rule, regulation, or order, but in all
16 cases such opportunity shall be afforded no later than 45
17 days, and no later than 10 days (in the case of a waiver
18 of the entire comment period under paragraph (2)(ii)),
19 after such date. A transcript shall be made of any oral
20 presentation.
21
(4) Any officer or agency authorized to issue rules,
22 regulations, or orders described in paragraph (1) shall
23 provide for the making of such adjustments, consistent with
24 the other purposes of this Act as may be necessary to prevent
25 special hardship, inequity, or an unfair distribution of bur-
245
1 dens and shall in rules prescribed by it establish procedures
2 which are available to any person for the purpose of seeking
3 an interpretation, modification, or rescission of, or an excep-
4 tion to or exemption from, such rules, regulations, and orders.
5 If such person is aggrieved or adversely affected by the de-
6 nial of a request for such action under the preceding sentence,
7 he may request a review of such denial by the officer or agency
8 and may obtain judicial review in accordance with subsection
9 (b) or other applicable law when such denial becomes final.
10 The officer or agency shall, by rule, establish appropriate
11 procedures, including a hearing where deemed advisable, for
12 considering such requests for action under this paragraph.
13
(b) The procedures for judicial review established by
14 section 211 of the Economic Stabilization Act of 1970 shall
15 apply to proceedings to which subsection (a) applies, as if
16 such proceedings took place under such Act. Such procedures
17 for judicial review shall apply notwithstanding the expiration
18 of the Economic Stabilization Act of 1970.
19
(c) Any agency authorized to issue any rule, regulation,
20 or order described in subsection (a) (1) shall, upon written
21 request of any person, which request is filed after any grant or
22 denial of a request for exception or exemption from any such
23 rule, regulation, or order, furnish such person, within 30
24 days after the date on which such request is filed, with a writ-
.T. 62-671-0-17
246
1
ten opinion setting forth applicable facts and the legal basis in
2
support of such grant or denial.
3
PROHIBITED ACTS
4
SEC. 524. It shall be unlawful for any person to violate-
5
(1) any provision of title I or title II, of this Act
6
or this title (other than any provision of such titles which
7
amends another law),
8
(2) to violate any rule, regulation, or order issued
9
pursuant to any such provision; or
10
(3) fail to comply with any provision prescribed in,
11
or pursuant to, an energy conservation contingency plan
12
which is in effect.
13
ENFORCEMENT
14
SEC. 525. (a) Whoever violates section 524 shall be
15 subject to a civil penalty of not more than $5,000 for each
16 violation.
17
(b) Whoever willfully violates section 524 shall be fined
18
not more than $10,000 for each violation.
19
(c) Any person who knowingly and willfully violates
20 section 524 with respect to the sale, offer of sale, or distribu-
21 tion in commerce of a product or commodity after having been
22 subjected to a civil penalty for a prior riolation of section 524
23 with respect to the sale, offer of sale, or distribution in com-
24 merce of such product or commodity shall be fined not more
25 than $50,000 or imprisoned not more than 6 months, or both.
SORO
247
1
(d) Whenever it appears to any officer or agency of the
2 United States in whom is vested, or to whom is delegated,
3 authority under this Act that any person has engaged, is
4 engaged, or is about to engage in acts or practices constituting
5 a violation of section 524, such officer or agency may request
6 the Attorney General to bring an action in an appropriate
7 district court of the United States to enjoin such acts or
8 practices, and upon a proper showing a temporary rc-
9 straining order or a preliminary or permanent injunction
10 shall be granted without bond. Any such court may also issue
11 mandatory injunctions commanding any person to comply
12 with any rule, regulation, or order described in section 524.
13
(e) (1) Any person suffering legal wrong because of any
14 act or practice arising out of any violation of any provision
15 of this Act described in paragraph (2), may bring an action
16 in an appropriate district court of the United States without
17
regard to the amount in controversy, for appropriate relief,
18 including an action for a declaratory judgment or writ of
19 injunction. Nothing in this subsection shall authorize any
20 person to recover damages.
21
(2) The provisions of this Act referred to in paragraph
22
(1) are as follows:
23
(A) Section 202 (relating to energy conservation
24
plans).
248
1
(B) Section 251 (relating to international oil allo-
2
cation).
3
(C) Section 252 (relating to international voluntary
4
agreements).
5
(D) Section 253 (relating to advisory committees).
6
(E) Section 254 (relating to international exchange
7
of information).
8
(F) Section 521 (relating to prohibition on certain
9
actions).
10
EFFECT ON OTHER LAWS
11
SEC. 526. No State law or State program in effect on
12 the date of enactment of this Act, or which may become
13 effective thereafter, shall be superseded by any provision of
14 title I or II of this Act (other than any provision of such title
15 which amends another law) or any rule, regulation, or order
16 thereunder, except insofar as such State law or State program
17 is in conflict with such porision, rule, regulation, or order.
18
TRANSFER OF AUTHORITY
19
SEC. 527. In accordance with section 15(a) of the Fed-
20 eral Energy Administration Act of 1974, the President shall
21 designate, where applicable and not otherwise provided by.
22 law, (I)] appropriate Federal agency to carry out functions
23 rested in the Administrator under this Act and amendments
24 made thereby after the termination of the Federal Energy-
25 Administration.
249
1
AUTHORIZATION OF APPROPRIATIONS FOR INTERIM
2
PERIOD
3
SEC. 528. Any authorization of appropriations in this
4 Act, or in any amendment to any other law made by this
5 Act, for the fiscal year 1976 shall be deemed to include an
6 additional authorization of appropriations for the period
7 beginning July 1, 1976, and ending September 30, 1976,
8 in amounts which equal one-fourth of any amount authorized
9 for fiscal year 1976, unless appropriations for the same pur-
10 pose are specifically authorized in a lar" hereinafter enacted.
11
INTRASTATE NATURAL GAS
12
SEC. 529. No provision of this Act shall permit the im-
13 position of any price controls on, or require any allocation
14 of, natural gas not subject to the jurisdiction of the Federal
15 Power Commission.
16
LIMITATION ON LOAN GUARANTEES
17
SEC. 530. Loan guarantees and obligation guarantees
18 under this Act or any amendment to another law made by
19 this Act may not be issued in violation of any limitation in
20 appropriations or other Acts, with respect to the amounts of
21 outstanding obligational authority.
22
EXPIRATION
23
SEC. 531. Except as otherwise provided in title I or
24 title II, all authority under any provision of title I or title
25 II (other than a provision of either such title amending an-
250
1 other law) and any rule, regulation, or order issued pur-
2 suant to such authority, shall expire at midnight, June 30,
3 1985, but such expiration shall not affect any action or
4 pending proceedings, civil or criminal, not finally deter-
5
mined on such date, nor any action or proceeding based
6 upon any act committed prior to midnight, June 30, 1985.
7
PART C-CONGRESSIONAL REVIEW
8
PROCEDURE FOR CONGRESSIONAL REVIEW OF PRESIDEN-
9
TIAL REQUESTS TO IMPLEMENT CERTAIN AUTHORITIES
10
SEC. 551: (a) For purposes of this section, the term
11 "energy action" means any matter required to be submitted
12 to the Congress in accordance with the procedures of this
13 section and which may not take effect except in accordance
14 with the provisions of this section.
15
(b) The President shall transmit any energy action
16 (bearing an identification number) to both Houses of Con-
17 gress on the same day. If both Houses are not in session on
18 the day any energy action is received by the appropriate
19 officers of each House, for purposes of this section such en-
20 ergy action shall be deemed to have been received on the
21 first succeeding day on which both Houses are in session.
22
(c) (1) Except as provided in paragraph (2) of this
23 subsection, if energy action is transmitted to the Houses of
24 Congress, such action shall take effect at the end of the
25 first period of 15 calendar days of continuous session of
251
1 Congress after the date on which such action is tranmitted
2 to such Houses, unless between the date of transmittal and
3 the end of such 15-day period, either House passes a reso-
4 lution stating in substance that such House does not favor
5 such action.
6
(2) An energy action described in paragraph (1) may
7 take effect prior to the expiration of the 15-calendar-day
8 period after the date on which such action is transmitted,
9 if each House of Congress approves a resolution affirmatively
10 stating in substance that such House does not object to such
11 action.
12
(d) For the purpose of subsection (c) of this section-
13
(1) continuity of session is broken only by an
14
adjournment of Congress sine die; and
15
(2) the days on which either House is not in
16
session because of an adjournment of more than 3
17
days to a day certain are excluded in the computation of
18
the 15-calendar-day period.
19
(e) Under provisions contained in an energy action, a
20
provision of such an action may take effect on a date later
21
than the date on which such action otherwise takes effect
22
pursuant to the provisions of this section.
23
(f)(1) This subsection is enacted by Congress-
24
(A) as an exercise of the rulemaking power of the
25
Senate and the House of Representatives, respectively,
252
1
and as such it is deemed a part of the rules of each
2
House, respectively, but applicable only with respect to
3
the procedure to be followed in that House in the case
4
of resolutions described by paragraph (2) of this sub-
5
section; and it supersedes other rules only to the extent
6
that it is inconsistent therewith; and
7
(B) with full recognition of the constitutional right
8
of either House to change the rules (so far as relating to
9
the procedure of that House) at any time, in the same
10
manner and to the same extent as in the case of any
11
other rule of the House.
12
(2) For purposes of this subsection, the term "resolu-
13 tion" means only a resolution of either House of Congress
14
described in subparagraph (A) or (B) of this paragraph.
15
(A) A resolution the matter after the resolving
16
clause of which is as follows: "That the
17
does not object to the energy action numbered
18
submitted to the Congress on
,
19 .', the
19
first blank space therein being filled with the name of
20
the resolving House and the other blank spaces being
21
appropriately filled; but does not include a resolution
22
which specifies more than one energy action.
23
(B) A resolution the matter after the resolving
24
clause of which is as follows: "That the
25
does not favor the energy action numbered
253
1
transmitted to Congress on
,
19 ", the
2
first blank space therein being filled with the name of the
3
resolving House and the other blank spaces therein
4
being appropriately filled; but does not include a resolu-
5
tion which specifies more than one energy action.
6
(3) A resolution once introduced with respect to an
7 energy action shall immediately be referred to a committee
8 (and all resolutions with respect to the same plan shall be
9 referred to the same committee) by the President of the
10 Senate or the Speaker of the House of Representatives, as
11 the case may be.
12
(4) (A) If the committee to which a resolution with
13 respect to an energy action has been referred has not
14 reported it at the end of 5 calendar days after its refer-
15 ral, it shall be in order to move either to discharge the com-
16 mittee from further consideration of such resolution or to
17 discharge the committee from further consideration of any
18 other resolution with respect to such energy action which
19 has been referred to the committee.
20
(B) A motion to discharge may be made only by an
21 individual favoring the resolution, shall be highly privileged
22 (except that it may not be made after the committee has
23 reported a resolution with respect to the same energy
24 action), and debate thereon shall be limited to not more
25 than one hour, to be divided equally between those favoring
254
1 and those opposing the resolution. An amendment to the
2 motion shall not be in order, and it shall not be in order
3 to move to reconsider the vote by which the motion was
4 agreed to or disagreed to.
5
(C) If the motion to discharge is agreed to or disagreed
6 to, the motion may not be renewed, nor may another motion
7 to discharge the committee be made with respect to any other
8 resolution with respect to the same energy action.
9
(5) (A) When the committee has reported, or has been
10 discharged from further consideration of, a resolution, it shall
11 be at any time thereafter in order (even though a previous
12 motion to the same effect has been disagreed to) to move to
13 proceed to the consideration of the resolution. The motion
14 shall be highly privileged and shall not be debatable. An
15 amendment to the motion shall not be in order, and it shall
16 not be in order to move to reconsider the vote by which the
17 motion was agreed to or disagreed to.
18
(B) Debate on the resolution referred to in subparagraph
19 (A) of this paragraph shall be limited to not more than 10
20 hours, which shall be divided equally between those favoring
21 and those opposing such resolution. A motion further to limit
22 debate shall not be debatable. An amendment to, or motion to
23 recommit, the resolution shall not be in order, and it shall not
255
be in order to move to reconsider the vote by which such
1
resolution was agreed to or disagreed to; except that it shall
2
3
be in order to substitute a resolution described in paragraph
4
(2)(A) of this subsection with respect to an energy action
for a resolution described in paragraph (2)(B) of this sub-
5
section with respect to the same such action, or a resolution
6
7
described in paragraph (2)(B) of this subsection with
8
respect to an energy action for a resolution described in
paragraph (2)(A) of this subsection with respect to the
9
same such action.
10
11
(6)(A) Motions to postpone, made with respect to the
12
discharge from committee, or the consideration of a resolution
13
and motions to proceed to the consideration of other business,
14 shall be decided without debate.
15
(B) Appeals from the decision of the Chair relating
16 to the application of the rules of the Senate or the House
17 of Representatives, as the case may be, to the procedure
18 relating to a resolution shall be decided without debate.
19
(7) Notwithstanding any of the provisions of this sub-
20 section, if a House has approved a resolution with respect
21 to an energy action, then it shall not be in order to consider
22 in that House any other resolution with respect to the same
23 such action.
256
1
EXPEDITED PROCEDURE FOR CONGRESSIONAL CONSIDERA-
2
TION OF CERTAIN AUTHORITIES
3
SEC. 552. (a) Any contingency plan transmitted to the
4
Congress pursuant to section 201 (a) (1) shall bear an identi-
5 fication number and shall be transmitted to both Houses of
6
Congress on the same day and to each House while it is in
7 session.
8
(b) No such contingency plan may be considered ap-
9
proved for purposes of section 201(a) (2) of this Act unless
10 between the date of transmittal and the end of the first period
11 of 60 calendar days of continuous session of Congress after
12 the date on which such action is transmitted to such House,
13 each House of Congress passes a resolution described in sub-
14 section (d) (2).
15
(c) For the purpose of subsection (b) of this section-
16
(1) continuity of session is broken only by an
17
adjournment of Congress sine die; and
18
(2) the days on which either House is not in ses-
19
sion because of an adjournment of more than 3 days
20
to a day certain are excluded in the computation of the
21
60-calendar-day period.
22
(d) (1) This subsection is enacted by Congress-
23
(A) as an exercise of the rulemaking power of the
24
Senate and the House of Representatives, respectively,
25
and as such it is deemed a part of the rules of each House,
257
1
respectively, but applicable only with respect to the pro-
2
cedure to be followed in that House in the case of resolu-
3
tions described by paragraph (2) of this subsection; and
4
it supersedes other rules only to the extent that it is in-
5
consistent therewith; and
6
(B) with full recognition of the constitutional right
7
of either House to change the rules (so far as relatina to
8
the procedure of that House) at any time, in the same
9
manner and to the same extent as in the case of any other
10
rule of the House.
11
(2) For purposes of this subsection, the term "resolu-
12 tion" means only a resolution of either House of Congress the
13 matter after the resolving clauses of which is as follows: "That
14
the
approves the contingency plan numbered
15
submitted to the Congress on
,
16 19 .', the first blank space therein being filled with the name
17 of the resolving House and the other blank spaces being ap-
18 propriately filled; but does not include a resolution which
19 specifies more than one contingency plan.
20
(3) A resolution once introduced with respect to a con-
21 tingency plan shall immediately be referred to a committee
22 (and all resolutions with respect to the same contingency plan
23 shall be referred to the same committee) by the President of
24 the Senate or the Speaker of the House of Representatives,
25 as the case may be.
258
1
(4) (A) If the committee to which a resolution with
2 respect to a contingency plan has been referred has not re-
3 ported it at the end of 20 calendar days after its referral, it
4 shall be in order to move either to discharge the committee
5 from further consideration of such resolution or to discharge
6 the committee from further consideration of any other resolu-
7 tion with respect to such contingency plan which has been
8 referred to the committee.
9
(B) A motion to discharge may be made only by an
10 individual favoring the resolution, shall be highly privileged
11 (except that it may not be made after the committee has
12 reported a resolution with respect to the same contingency
13 plan), and debate thereon shall be limited to not more than
14 1 hour, to be divided equally between those favoring and
15 those opposing the resolution. An amendment to the motion
16 shall not be in order, and it shall not be in order to move to
17 reconsider the vote by which the motion was agreed to or
18 disagreed to.
19
(C) If the motion to discharge is agreed to or disagreed
20 to, the motion may not be renewed, nor may another motion
21 to discharge the committee be made with respect to any other
22 resolution with respect to the same contingency plan.
23
(5) (A) When the committee has reported, or has been
24 discharged from further consideration of, a resolution, it shall
25 be at any time thereafter in order (even though a previous
259
1 motion to the same effect has been disagreed to) to move to
2 proceed to the consideration of the resolution. The motion
3 shall be highly privileged and shall not be debatable. An
4 amendment to the motion shall not be in order, and it shall
5 not be in order to move to reconsider the vote by which the
6 motion was agreed to or disagreed to.
7
(B) Debate on the resolution referred to in subparagraph
8 (A) of this paragraph shall be limited to not more than 10
9 hours, which shall be divided equally between those favoring
10 and those opposing such resolution. A motion further to limit
11 debate shall not be debatable. An amendment to, or motion to
12 recommit the resolution shall not be in order, and it shall not
13 be in order to move to reconsider the vote by which such
14 resolution was agreed to or disagreed to; except that it shall
15 be in order to substitute a resolution to disapprove such con-
16 tingency plan with respect to the same contingency plan.
17
(6) (A) Motions to postpone, made with respect to the
18 discharge from committee, or the consideration of a resolution
19 and motions to proceed to the consideration of other business,
20 shall be decided without debate.
21
(B) Appeals from the decision of the Chair relating
22 to the application of the rules of the Senate or the House of
23 Representatives, as the case may be, to the procedures relat-
24 ing to (1 resolution shall be decided without debate.