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ENERGY EMERGENCY LEGISLATION

FRIDAY, NOVEMBER 9, 1973

U.S. SENATE,

COMMITTEE ON INTERIOR AND INSULAR AFFAIRS,

Washington, D.C.

The committee met at 10 a.m., in room 1202, Dirksen Office Building, Hon. Henry M. Jackson [chairman] presiding.

Present: Senators Jackson [presiding], Church, Metcalf, Moss, Haskell, Fannin, Hansen, McClure, and Bartlett.

Also present: Jerry T. Verkler, staff director; William J. Van Ness, chief counsel; Grenville Garside, special counsel; Richard D. Grundy, F. J. Barnes, Lucille Langlois, professional staff members for the majority; Harrison Loesch, minority counsel; David P. Stang, deputy minority counsel; and W. O. Craft, Jr., professional staff member for the minority.

[STAFF NOTE. On the first day of the markup, November 9, the committee used Committee Print No. 3 as the markup vehicle. A significant number of amendments were adopted that day and, for purposes of clarity, Committee Print No. 4 was prepared, incorporating the amendments adopted. Committee Print No. 4, showing the amendments yet to be acted on, was used as the markup vehicle on November 12, the second day of the markup session. For convenience, both committee prints are reproduced in this record: Committee Print No. 3 appears at the beginning of the record for the first day's session on page 362, and Committee Print No. 4 appears at the beginning of the record for the second day on page 454.]

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Mr. JACKSON (for himself, Mr. CANNON, Mr. GURNEY, Mr. HUMPHREY, Mr. KENNEDY, Mr. MAGNUSON, Mr. MCCLELLAN, Mr. Moss, Mr. RANDOLPH, Mr. STEVENS, and Mr. STEVENSOx) introduced the following bill; which was read twice and referred to the Committee on Interior and Insular Affairs

A BILL

To declare by congressional action a national energy emergency; to authorize the President to immediately undertake specific actions to conserve scarce fuels and increase supply; to initiate the development of local, State, National, and international contingency plans; to assure the continuation of vital public services; and for other purposes.

1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "National Emergency 4 Petroleum Act of 1973”.

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COMMITTEE PRINT NO.3

TITLE I-STATEMENT OF FINDINGS AND

PURPOSES

SEC. 101. FINDINGS.-The Congress hereby determines

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(a) shortages of crude oil, residual fuel oil, and refined petroleum products caused by inadequate domestic production, environmental constraints, and the unavailability of imports sufficient to satisfy domestic demand, now exist;

(b) such shortages have created or will create severe economic dislocations and hardships, including loss of jobs, closing of factories and businesses, reduction of crop plantings and harvesting, and curtailment of vital public services, including the transportation of food and other essential goods;

(c) such shortages and dislocations jeopardize the normal flow of commerce and constitute a national

energy emergency which is a threat to the public health, safety, and welfare and can be averted or minimized most efficiently and effectively through prompt action by the executive branch of Government;

(d) disruptions in the availability of imported energy supplies, particularly crude oil and petroleum products, pose a serious risk to national security, economic

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COMMITTEE PRINT NO.3

well-being, and health and welfare of the American people;

(e) interruptions of energy supplies, both in the near term and in the future, will require emergency measures to reduce energy consumption, increase domestic production of energy resources, and provide for equitable distribution of available supplies to all Americans;

(f) the development of a comprehensive energy policy to serve all of the people of the United States necessitates the regulation of intrastate delivery and use of energy resources in order to insure the effective regulation of interstate and foreign commerce in energy;

Line 12: after "resource," insert the words: "other than natural gas". [Proposed by Senator Johnston]

(g) because of the diversity of conditions, climate, and available fuel mix in different areas of the Nation, a primary governmental responsibility for developing and enforcing emergency fuel shortage contingency plans lies with the States and with the local governments of major metropolitan areas acting in accord with the provisions of this Act.

SEC. 102. PURPOSES.-The purpose of this Act is to

(a) declare by Act of Congress an energy emer

gency;

(b) grant to the President of the United States,

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COMMITTEE PRINT NO.3

and direct him to exercise, specific temporary authority to deal with shortages of crude oil, residual fuel oil, and refined petroleum products, and other fuels, or dislocations in their national distribution system;

(c) provide a national program to conserve scarce energy resources, through mandatory and voluntary rationing and conservation measures, implemented by Federal, State, and local governments;

(d) protect the public health, safety, and welfare and the national security, and to assure the continuation of vital public services and maximum employment in the face of critical energy shortages;

(e) minimize the adverse effects of such shortages or dislocations on the economy and industrial capacity of the Nation;

(f) direct the President and State and local governments to develop contingency plans which shall have the practical capability for reducing energy consumption by no less than 10 per centum within ten days and by no less than 25 per centum within four weeks of any interruption of normal supply.

TITLE I-EMERGENCY FUEL SHORTAGE
CONTINGENCY PROGRAMS

SEC. 201. DECLARATION OF EMERGENCY. -The Con25 gress hereby declares that current and imminent fuel short26 ages have created an energy emergency.

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