3. Energy Policy and Conservation Act 1 Partial text of Public Law 94-163 [S. 622], 89 Stat. 871, approved December 22, 1975, as amended by Public Law 95-619 [H.R. 5037], 92 Stat. 3206, approved November 9, 1978 AN ACT To increase domestic energy supplies and availability; to restrain energy demand; to prepare for energy emergencies; and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Energy Policy and Conservation Act". STATEMENT OF PURPOSES SEC. 2. The purposes of this Act are (1) to grant specific standby authority to the President, subject to congressional review, to impose rationing, to reduce demand for energy through the implementation of energy conservation plans, and to fulfill obligations of the United States under the international energy program; (2) to provide for the creation of a Strategic Petroleum Reserve capable of reducing the impact of severe energy supply interruptions; (3) to increase the supply of fossil fuels in the United States, through price incentives and production requirements; (4) to conserve energy supplies through energy conservation programs, and, where necessary, the regulation of certain energy uses; (5) to provide for improved energy efficiency of motor vehicles, major appliances, and certain other consumer products; (6) to reduce the demand for petroleum products and natural gas through programs designed to provide greater availability and use of this Nation's abundant coal resources; and (7) to provide a means for verification of energy data to assure the reliability of energy data. SEC. 3. As used in this Act: (1) The term "Secretary" means the Secretary of Energy.2 (2) The term "person" includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company and (C) the government and any 142 U.S.C. 6201-6422. 2 The reference to the Secretary of Energy was substituted in lieu of a reference to the Administrator of the Federal Energy Administration by Sec. 691 (a) of Public Law 95-619 (92 Stat. 3288). agency of the United States or any State or politicial subdivision thereof. (3) The term "petroleum product" means crude oil residual fuel oil, or any refined petroleum product (including any natural liquid and any natural gas liquid product). (4) The term "State" means a State, the District of Columbia, Puerto Rico, or any territory or possession of the United States. (5) The term "United States" when used in the geographical sense means all of the States and the Outer Continental Shelf. (6) The term "Outer Continental Shelf" has the same meaning as such term has under section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (7) The term "international energy program" means the Agreement on an International Energy Program, signed by the United States on November 18, 1974, including (A) the annex entitled "Emergency Reserves", (B) any amendment to such Agreement which includes another nation as a party to such Agreement, and (C) any technical or clerical amendment to such Agreement. (8) The term "severe energy supply interruption" means a national energy supply shortage which the President determines (A) is, or is likely to be, of significant scope and duration, and of an emergency nature; (B) may cause major adverse impact on national safety or the national economy; and (C) results, or is likely to result, from an interruption in the supply of imported petroleum products, or from sabotage or an act of God. SEC. 103. (a) The President may, by rule, under such terms and conditions as he determines to be appropriate and necessary to carry out the purposes of this Act, restrict exports of (1) coal, petroleum products, natural gas, or petrochemical feedstocks, and (2) supplies of materials or equipment which he determines to be necessary (A) to maintain or further exploration, production, refining, or transportation of energy supplies, or (B) for the construction or maintenance of energy facilities within the United States. (b) (1) The President shall exercise the authority provided for in subsection (a) to promulgate a rule prohibiting the export of crude oil and natural gas produced in the United States, except that the President may, pursuant to paragraph (2), exempt from such prohibition such crude oil or natural gas exports which he determines to be consistent with the national interest and purposes of this Act. (2) Exemptions from any rule prohibiting crude oil or natural gas exports shall be included in such role or provided for in an amendment thereto and may be based on the purpose for export, class of seller or purchaser, country of destination, or any other reasonable classification 3 For text, see Vol. III, page 557. or basis as the President determines to be appropriate and consistent with the national interest and the purposes of this Act. 4 (c) In order to implement any rule promulgated under subsection (a) of this section, the President may request and, if so, the Secretary of Commerce shall, pursuant to the procedures established by the Export Administration Act of 1969 (but without regard to the phrase "and to reduce the serious inflationary impact of foreign demand" in section 3(2)(A) of such Act), impose such restrictions as specified in any rule under subsection (a) on exports of coal, petroleum products, natural gas, or petrochemical feedstocks, and such supplies of materials and equipment. (d) Any finding by the President pursuant to subsection (a) or (b) and any action taken by the Secretary of Commerce pursuant thereto shall take into account the national interest as related to the need to leave uninterrupted or unimpaired— (1) exchanges in similar quantity for convenience or increased efficiency of transportation with persons or the government of a foreign state. (2) temporary exports for convenience or increased efficiency of transportation across parts of an adjacent foreign state which exports reenter the United States, and (3) the historical trading relations of the United States with Canada and Mexico. (e) (1) The provisions of subchapter II of chapter 5 of title 5, United States Code, shall apply with respect to the promulgation of any rule pursuant to this section, except that the President may waive the requirement pertaining to the notice of proposed rulemaking or period for comment only if he finds that compliance with such requirements may seriously impair his ability to impose effective and timely prohibitions on exports. (2) In the event such notice and comment period are waived with respect to a rule promulgated under this section, the President shall afford interested persons an opportunity to comment on any such rule at the earliest practicable date thereafter. (3) If the President determines to request the Secretary of Commerce to impose specified restrictions as provided for in subsection (c), the enforcement and penalty provisions of the Export Administration Act of 1969 shall apply, in lieu of this Act, to any violation of such restrictions. (f) The President shall submit quarterly reports to the Congress concerning the administration of this section and any findings made pursuant to subsection (a) or (b). PART B-AUTHORITIES WITH RESPECT TO INTERNATIONAL INTERNATIONAL OIL ALLOCATION SEC. 251. (a) The President may, by rule, require that persons engaged in producing, transporting, refining, distributing, or storing petroleum products, take such action as he determines to be necessary 450 U.S.C. App. 2401 note. for implementation of the obligations of the United States under chapters III and IV of the international energy program insofar as such obligations relate to the international allocation of petroleum products. Allocation under such rule shall be in such amounts and at such prices as are specified in (or determined in a manner prescribed by) such rule. Such rule may apply to any petroleum product owned or controlled by any person described in the first sentence of this subsection who is subject to the jurisdiction of the United States, including any petroleum product destined, directly or indirectly, for import into the United States or any foreign country, or produced in the United States. Subject to subsection (b) (2), such a rule shall remain in effect until amended or rescinded by the President. (b) (1) No rule under subsection (a) may take effect unless the President (A) has transmitted such rule to the Congress; (B) has found that putting such rule into effect is required in order to fulfill obligations of the United States under the international energy program; and (C) has transmitted such finding to the Congress, together with a statement of the effective date and manner for exercise of such rule. (2) No rule under subsection (b) may be put into effect or remain in effect after the expiration of 12 months after the date such rule was transmitted to Congress under paragraph (1) (A). (c) (1) Any rule under this section shall be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b) (1) of the Emergency Petroleum Allocation Act of 1973.5 (2) No officer or agency of the United States shall have any authority, other than authority under this section, to require that petroleum products be allocated to other countries for the purpose of implementation of the obligations of the United States under the international energy program. (d) Neither section 103 of this Act nor section 28 (u) of the Mineral Leasing Act of 1920 shall preclude the allocation and export, to other countries in accordance with this section, of petroleum products produced in the United States. INTERNATIONAL VOLUNTARY AGREEMENTS SEC. 252. (a) Effective 90 days after the date of enactment of this. Act, the requirements of this section shall be the sole procedures applicable to (1) the development or carrying out of voluntary agreements and plans of action to implement the allocation and information provisions of the international energy program, and (2) the availability of immunity from the antitrust laws with respect to the development or carrying out of such voluntary agreements and plans of action. (b) The Secretary,' with the approval of the Attorney General after each of them has consulted with the Federal Trade Commission and the Secretary of State, shall prescribe, by rule, standards and procedures by which persons engaged in the business of producing, 15 U.S.C. 753. 30 U.S.C. 185. The reference to the "Secretary" was substituted in lieu of a reference to the "Administrator" by Sec. 691 (a) of Public Law 95-619 (92 Stat. 3288). transporting, refining, distributing, or storing petroleum products may develop and carry out voluntary agreements, and plans of action, which are required to implement the allocation and information provisions of the international energy program. (c) The standards and procedures prescribed under subsection (b) shall include the following requirements: (1)(A)(i) Except as provided in clause (ii) or (iii) of this subparagraph, meetings held to develop or carry out a voluntary agreement or plan of action under this subsection shall permit attendance by representatives of committees of Congress and interested persons, including all interested segments of the petroleum industry, consumers, and the public; shall be preceded by timely and adequate notice with identification of the agenda of such meeting to the Attorney General, the Federal Trade Commission, committees of Congress, and (except during an international energy supply emergency with respect to meetings to carry out a voluntary agreement or to develop or carry out a plan of action) the public; and shall be initiated and chaired by a regular full-time Federal employee. (ii) Meetings of bodies created by the International Energy Agency established by the international energy program need not be open to interested persons and need not be initiated and chaired by a regular full-time Federal employee. (iii) The President, in consultation with the Secretary, the Secretary of State, and the Attorney General, may determine that a meeting held to carry out a voluntary agreement or to develop or carry out a plan of action shall not be open to interested persons or that attendance by interested persons may be limited, if the President finds that a wider disclosure would be detrimental to the foreign policy interests of the United States. (B) No meetings may be held to develop or carry out a voluntary agreement or plan of action under this section unless a regular full-time Federal employee is present. (2) Interested persons permitted to attend such a meeting shall be afforded an opportunity to present, in writing and orally, data, views, and arguments at such meetings, subject to any reasonable limitations with respect to the manner of presentation of data, views, and arguments as the Secretary may impose. (3) A full and complete record and where practicable a verbatim transcript, shall be kept of any meeting held, and a full and complete record shall be kept of any communication (other than in a meeting) made, between or among participants or potential participants, to develop, or carry out a voluntary agreement or a plan of action under this section. Such record or transcript shall be deposited, together with any agreement resulting therefrom, with the Secretary, and shall be available to the Attorney General and the Federal Trade Commission. Such records or transcripts shall be available for public inspection and copying in accordance with section 552 of title 5, United States Code; except that (A) matter may not be withheld from disclosure under section 552(b) of such title on grounds other than the grounds specified in section 552 (b) (1), (b) (3), or so much of (b) (4) as relates |