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2. Energy Emergency Preparedness Act of 1982

Partial text of Public Law 97-229 [S. 2332], 96 Stat. 248, approved August

3, 1982

AN ACT To amend the Energy Policy and Conservation Act to extend certain authorities relating to the International Energy Program, to provide for the Nation's energy emergency preparedness, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short Title.

This action may be cited as the "Energy Emergency Preparedness Act of 1982”.

NOTE.-Sections 2-5 of this Act consist, for the most part, of amendments to the Energy Policy and Conservation Act. Portions of these amendments have been incorporated into that Act at the appropriate places.

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SEC. 6.1 Reports to Congress on Petroleum Supply Interruptions. (a) IMPACT ANALYSIS. (1) Secretary of Energy shall analyze the impact on the domestic economy and on consumers in the United States of reliance on market allocation and pricing during any substantial reduction in the amount of petroleum products available to the United States. In making such analysis, the Secretary of Energy may consult with the Secretary of the Treasury, the Secretary of Agriculture, the Director of the Office of Management and Budget, and the heads of other appropriate Federal agencies. Such analysis shall

(A) examine the equity and efficiency of such reliance,

(B) distinguish between the impacts of such reliance on various categories of business (including small business and agriculture) and on households of different income levels,

(C) specify the nature and administration of monetary and fiscal policies that would be followed including emergency tax cuts, emergency block grants, and emergency supplements to income maintenance programs, and

(D) describe the likely impact on the distribution of petroleum products of State and local laws and regulations (including emergency authorities) affecting the distribution of petroleum products.

Such analysis shall include projections of the effect of the petroleum supply reduction on the price of motor gasoline, home heat

142 U.S.C. 6245 note.

ing, oil, and diesel fuel, and on Federal tax revenues, Federal royalty receipts, and State and local tax revenues.

(2) Within one year after the date of the enactment of this Act, the Secretary of Energy shall submit a report to the Congress and the President containing the analysis required by this subsection, including a detailed step-by-step description of the procedures by which the policies specified in paragraph (1)(C) would be accomplished in an emergency, along with such recommendations as the Secretary of Energy deems appropriate.

(b) STRATEGIC PETROLEUM RESERVE DRAWDOWN AND DISTRIBUTION REPORT.-The President shall prepare and transmit to the Congress, at the time he transmits the drawdown plan pursuant to section 4(c), a report 2 containing

(1) a description of the foreseeable situations (including selective and general embargoes, sabotage, war, act of God, or accident) which could result in a severe energy supply interruption or obligations of the United States arising under the international energy program necessitating distributions from the Strategic Petroleum Reserve, and

(2) a description of the strategy or alternative strategies of distribution which could reasonably be used to respond to each situation described under paragraph (1), together with the theory and justification underlying each such strategy.

The description of each strategy under paragraph (2) shall include an explanation of the methods which would likely be used to determine the price and distribution of petroleum products from the Reserve in any such distribution, and an explanation of the disposition of revenues arising from sales of any such petroleum products under the strategy.

(c) REGIONAL RESERVE REPORT.-The President or his delegate shall submit to the Congress no later than December 31, 1982, a report regarding the actions taken to comply with the provisions of section 157 of the Energy Policy and Conservation Act (42 U.S.C. 6237). Such report shall include an analysis of the economic benefits and costs of establishing Regional Petroleum Reserves, including

(1) an assessment of the ability to transport petroleum products to refiners, distributors, and end users within the regions specified in section 157(a) of such Act;

(2) the comparative costs of creating and operating Regional Petroleum Reserves for such regions as compared to the costs of continuing current plans for the Strategic Petroleum Reserve; and

(3) a list of potential sites for Regional Petroleum Reserves. (d) STRATEGIC ALCOHOL FUEL RESERVE REPORT.-The Secretary of Energy shall, in consultation with the Secretary of Agriculture, prepare and transmit to the Congress no later than December 31, 1982, a study of the potential for establishing a Strategic Alcohol Fuel Reserve.

(e) MEANING OF TERMS.-As used in this section, the terms “international emergency program", "petroleum product”, “Reserve", "severe energy supply interruption", and "Strategic Petro

3. Energy Policy and Conservation Act

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; Public Law 96-30 [S. 1371], 93 Stat. 80, approved June 30, 1979; Public Law 96-94 [H.R. 5506], 93 Stat. 720, approved October 31, 1979; Public Law 96-102 [S. 1030], 93 Stat. 749, approved November 5, 1979; Public Law 96–133 [S. 1871], 93 Stat. 1053, approved November 30, 1979; Public Law 97-5 [H.R. 2166], 95 Stat. 7, approved March 13, 1981; Public Law 97-50 [S. 1475], 95 Stat. 957, approved September 30, 1981; Public Law 97-163 [S. 1937], 96 Stat. 24, approved April 1, 1982; Public Law 97-190 (S. 2575], 96 Stat. 106, approved June 1, 1982; Public Law 97-217 [S. 2651], 96 Stat. 196, approved July 19, 1982; Public Law 97-229 [S. 2332], 96 Stat. 248, approved August 3, 1982; Public Law 98-239 [H.R. 4194], 98 Stat. 93, approved March 20, 1984; Public Law 98-370 [H.R. 3169], 98 Stat. 1211, approved July 18, 1984; Public Law 98-454 [H.R. 5561], 98 Stat. 1732 at 1736, approved October 5, 1984; Public Law 99-58 [H.R. 1699], 99 Stat. 102, approved July 2, 1985; Public Law 101-218 [Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989; S. 488], 103 Stat. 1859, approved December 11, 1989; Public Law 101-383 [Énergy Policy and Conservation Act Amendments of 1990; S. 2088], 104 Stat. 727, approved September 15, 1990; Public Law 102-486 [Energy Policy Act of 1992; H.R. 776], 106 Stat. 2776, approved October 24, 1992; Public Law 104-66 [Federal Reports Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved December 21, 1995; and by Public Law 104-306 [H.R. 4083], 110 Stat. 3810, approved October 14, 1996

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. 2.1 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 en

ergy uses;

142 U.S.C. 6201.

(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; 2

(7) to provide a means for verification of energy data to assure the reliability of energy data; and

(8)2 to conserve water by improving the water efficiency of certain plumbing products and appliances.

DEFINITIONS

SEC. 3.3 As used in this Act:

(1) The term "Secretary" means the Secretary of Energy.4 (2) The term "person" includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company and (C) the government and any agency of the United States or any State or political subdivision thereof.

(3) The term "petroleum product" means crude oil residual fuel oil, or any refined petroleum product (including any natural liquid and any natural gas liquid product).

(4) The term "State" means a State, the District of Columbia. Puerto Rico, the Trust Territory of the Pacific Islands,5 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 anner entitled "Emergency Reserves",6 (B) any amendment to such Agreement which includes another nation as a party to suct Agreement, and (C) any technical or clerical amendment zz such Agreement.

(8) The term "severe energy supply interruption" means I national energy supply shortage which the President DES mines

(A) is, or is likely to be, of significant scope and re tion, and of an emergency nature;

B) may cause major adverse impact on national sair” or the national economy; and

*Sec. 123. a of the Energy Policy Act of 1992 (Public Law 102-486; 106 Stat "and" at the end of par (6), struck a period at the end of par. (7) and insertec addet new par. (8.

$42 DSC 6202

*The reference to the Secretary of Energy was substituted in lieu of a reference the istrator of the Federal Energy Administration by sec. 691(a) of Public Law $285

Ser 6010f of Public Law 95-454 (98 Stat. 1736) added the reference to the s of the Pacific islands to the definition of "State".

For text set Legislation on Foreign Relations, vol. V, sec. L.

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