EMERGENCY ENERGY CONSERVATION ACT OF 1979 Public Law 96-102, as Amended AN ACT To establish an emergency program for the conservation of energy and to provide for a standby rationing plan for motor fuel. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.-This Act may be cited as the "Emergency Energy Conservation Act of 1979". (b) TABLE OF CONTENTS.-The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I-STANDBY MOTOR FUEL RATIONING Sec. 101. Findings. Sec. 102. Report on plan development. Sec. 103. Procedures for developing and implementing rationing plan. Sec. 105. Technical and conforming amendments. TITLE II-EMERGENCY ENERGY CONSERVATION Sec. 201. Findings and purposes. Sec. 202. Definitions. PART A-EMERGENCY ENERGY CONSERVATION PROGRAM Sec. 211. National and State emergency conservation targets. Sec. 213. Standby Federal conservation plan. Sec. 214. Judicial review. Sec. 215. Reports. PART B-OTHER AUTOMOBILE FUEL PURCHASE MEASURES Sec. 221. Minimum automobile fuel purchases. Sec. 222. Out-of-State vehicles to be exempted from odd-even motor fuel purchase restrictions. PART C-BUILDING TEMPERATURE RESTRICTIONS Sec. 231. Amendment to Energy Policy and Conservation Act. Sec. 241. Studies. PART D STUDIES Sec. 242. Middle distillate monitoring program. PART E-ADMINISTRATIVE PROVISIONS Sec. 251. Adminstration. TITLE III-GENERAL PROVISIONS Sec. 301. Funding for fiscal years 1979 and 1980. Sec. 302. Effective date. [42 U.S.C. 8501 note] TITLE I-STANDBY MOTOR FUEL RATIONING SEC. 101. FINDINGS. The Congress finds that— (1) a standby rationing plan for gasoline and diesel fuel should provide, to the maximum extent practicable, that the burden of reduced supplies of gasoline and diesel fuel be shared by all persons in a fair and equitable manner and that the economic and social impacts of such plan be minimized; and (2) such a plan should be sufficiently flexible to respond to changed conditions and sufficiently simple to be effectively administered and enforced. [42 U.S.C. 6261 note] SEC. 102. REPORT ON PLAN DEVELOPMENT. (a) REPORT.-As soon as practicable after the date of the enactment of this Act (but in no event later than 120 days after such date of enactment), the President_shall prepare, and transmit to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a report describing the measures taken after such date of enactment (and the costs thereof) to establish a system of rationing of gasoline and diesel fuel pursuant to sections 201 and 203 of the Energy Policy and Conservation Act (42 U.S.C. 6261, 6263), together with a description of the additional measures to be taken in establishing such system, a timetable for completion of such measures, and an estimate of the costs thereof. (b) SPECIFIC ISSUES TO BE ADDRESSED IN REPORT.-The report under subsection (a) shall include (1) a description of the extent to which ration coupons or other evidences of right under such a rationing system would be distributed to each end-user of gasoline or diesel fuel on the basis of such end-user's needs, and an explanation of the extent to which such distribution would not be based on such end-user's needs; (2) an analysis of having the entitlement under the rationing system to such end-user rights be granted on the basis of individuals licensed to operate motor vehicles on the public roads and highways, and an explanation of the extent to which such entitlement will be granted on that basis; (3) a description of the extent to which the rationing system would meet the needs and hardships of end-users by the use of local boards as provided for under section 203(d) of such Act (42 U.S.C. 6263(d)), and an explanation of the extent to which such boards would not be used; (4) a description of how the rationing system complies with the objective of providing for the mobility needs of handicapped persons (including means for their obtaining such end-user rights) as required under section 203(a)(2)(A) of such Act (42 U.S.C. 6263(a)(2)(A)); and (5) a description of the steps to be taken to provide adequate end-user allocation under the rationing system for the needs of those in suburban and rural areas, particularly mid sized cities, small towns, and rural communities, not adequately served by any public transportation system. (c) COMMITTEES TO BE KEPT CURRENTLY INFORMED.-The President shall keep such committees fully and currently informed about the progress in establishing and administering a system of rationing and of any problems and delays in establishing and administering the system. (d) ADDITIONAL REPORT.-90 days after the report is transmitted under subsection (a), the President shall prepare and transmit to each such committee another report unless a rationing contingency plan has been prescribed and transmitted to each House of the Congress during the preceding 90-day period. Such report shall contain the same information as required for the report under subsection (a), except that such information shall be made current to the date of the report. (e) PUBLIC NOTICE OF REPORTS.-The President shall provide public notice of any report under subsection (a) or (d) at the time of its transmittal, shall make such report available to the public, and shall transmit copies of such report to the Governors of the various States. [42 U.S.C. 6261 note] SEC. 103. PROCEDURES FOR DEVELOPING AND IMPLEMENTING RATIONING PLAN. [Sections 201(e), 203(a)(1), 552(b) and related sections of the Energy Policy and Conservation Act, as amended by this section, can be found at the beginning of this volume.] SEC. 104. REQUIRED ELEMENTS OF RATIONING PLAN. [Section 203(a) of Energy Policy and Conservation Act, as amended by this section, can be found at the beginning of this volume.] SEC. 105. TECHNICAL AND CONFORMING AMENDMENTS. [Sections 201, 203, 552 and related sections of Energy Policy and Conservation Act as amended by this section, can be found at the beginning of this volume.] TITLE II-EMERGENCY ENERGY CONSERVATION SEC. 201. FINDINGS AND PURPOSES. (a) FINDINGS.-The Congress finds that— (1) serious disruptions have recently occurred in the gasoline and diesel fuel markets of the United States; (2) it is likely that such disruptions will recur; (3) interstate commerce is significantly affected by those market disruptions; (4) an urgent need exists to provide for emergency conservation and other measures with respect to gasoline, diesel fuel, home heating oil, and other energy sources in potentially short supply in order to cope with market disruptions and protect interstate commerce; and (5) up-to-date and reliable information concerning the supply and demand of gasoline, diesel fuel, and other related data is not available to the President, the Congress, or the public. (b) PURPOSES.-The purposes of this title are to (1) provide a means for the Federal Government, States, and units of local government to establish emergency conservation measures with respect to gasoline, diesel fuel, home heating oil, and other energy sources which may be in short supply; (2) establish other emergency measures to alleviate disruptions in gasoline and diesel fuel markets; (3) obtain data concerning such fuels; and (4) protect interstate commerce. [42 U.S.C. 8501] SEC. 202. DEFINITIONS. For purposes of this title (1) The term "severe energy supply interruption", when used with respect to motor fuel or any other energy source, means a national energy supply shortage of such energy source which the President determines (A) is, or is likely to be, of significant scope and duration; (B) may cause major adverse impact on national security or the national economy; and (C) results, or is likely to result, from an interruption in the energy supplies of the United States, including supplies of imported petroleum products, or from sabotage or an act of God. (2) The term "international energy program" has the meaning given that term in section 3(7) of the Energy Policy and Conservation Act (42 U.S.C. 6202). (3) The term "motor fuel" means gasoline and diesel fuel. (4) 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 or any agency of the United States or any State or political subdivision thereof. (5) The term "vehicle" means any vehicle propelled by motor fuel and manufactured primarily for use on public streets, roads, and highways. (6) The term "Secretary" means the Secretary of Energy. (7) The term "Governor" means the chief executive officer of a State. (8) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. [42 U.S.C. 8502] Part A-Emergency Energy Conservation Program SEC. 211. NATIONAL AND STATE EMERGENCY CONSERVATION TARGETS. (a) DETERMINATION AND PUBLICATION OF TARGETS.—(1) Whenever the President finds, with respect to any energy source for which the President determines a severe energy supply interruption exists or is imminent or that actions to restrain domestic energy demand are required in order to fulfill the obligations of the United States under the international energy program, the President, in furtherance of the purposes of this title, may establish |