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conservation authority available under title II of the Emergency Energy Conservation Act of 1979;
(iii) is expected to persist for a period of time sufficient to seriously threaten the adequacy of domestic stocks of gasoline, diesel fuel, and No. 2 hearing oil; and
(iv) is having or can reasonably be expected to have a major adverse impact on national health or safety or the national economy.
(B) For purposes of determining the shortfall of supplies under subparagraph (A)(i), the projected daily demand for gasoline, diesel fuel, and No. 2 heating oil supplies shall be the amount of such supplies that were available during any consecutive period of 12 calendar months which the President considers appropriate and which occurred during the 36 calendar month period which immediately precedes the month in which such finding is made, such amount to be adjusted
(i) to take into account, for the period between the base period and the month in which the determination is made, the normal growth in demand for gasoline, diesel fuel, and No. 2 heating oil, as determined by the President on the basis of growth experienced during the 36-month period from which the base period was selected; and
(ii) to take into account seasonal variations in demand for such fuels, as determined by the President.
(C) The term "necessary to comply with obligations of the United States under the international energy program" refers to a necessity which the President determines to have impacts comparable to those provided for in subparagraph (A) of this paragraph.
(4)(A) A rationing contingency plan may not be amended after it is transmitted to the Congress and before it is considered approved under paragraph (1).
(B) Except as provided in subparagraphs (C) and (D), a rationing contingency plan which is considered approved under this subsection may not be amended other than by an amendment with respect to which
(i) a period of 15 calendar days of continuous session (within the meaning of section 552(c)) has passed after the receipt of the proposed amendment by the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate; or
(ii) each such committee before the expiration of such period has transmitted to the President written notice stating in substance that such committee has no objection to the proposed amendment.
(C) Except as provided in subparagraph (D), a rationing contingency plan may not be amended during any period in which such plan is in effect pursuant to paragraph (2) unless the President has transmitted such amendment to the Congress in accordance with section 551(b), and neither House of Congress has disapproved (or both Houses have approved) such amendment in accordance with the procedures specified in section 551.
(D) The requirements of subparagraphs (B) and (C) shall not apply with respect to any amendment which is a technical or clerical amendment.
(E) Any contingency plan which the President transmits to the Congress pursuant to subsection (b)(1) or (d)(1) shall contain a specific statement explaining the need for and the rationale and operation of such plan and shall be based upon a consideration of, and to the extent practicable, be accompanied by an evaluation of, the potential economic impacts of such plan, including an analysis of— (1) any effects of such plan on
(A) vital industrial sectors of the economy;
(B) employment (on a national and regional basis);
(D) the availability and price of consumer goods and services; and
(E) the gross national product; and
(2) any potential anticompetitive effects.
Notwithstanding the preceding provisions of this subsection, such economic analysis and evaluation is not required to be performed, or transmitted to the Congress, under this subsection in the case of any rationing contingency plan.
[42 U.S.C. 6261]
ENERGY CONSERVATION CONTINGENCY PLANS
SEC. 202. (a)(1) The President shall prescribe, in accordance with section 523(a), one or more energy conservation contingency plans. As used in this section, the term "energy conservation contingency plan" means a plan which imposes reasonable restrictions on the public or private use of energy which are necessary to reduce energy consumption. In prescribing energy conservation contingency plans, the President shall take into consideration the mobility needs of the handicapped, as defined in section 203(a)(2)(B).
(2) An energy conservation contingency plan prescribed under this section may not—
(A) impose rationing or any tax, tariff, or user fee;
(B) contain any provision respecting the price of petroleum products; or
(C) provide for a credit or deduction in computing any tax. (b) An energy conservation contingency plan shall apply in each State or political subdivision thereof, except such plan may provide for procedures for exempting any State or political subdivision thereof from such plan, in whole or part, during a period for which (1) the President determines a comparable program of such State or political subdivision is in effect, or (2) the President finds special circumstances exist in such State or political subdivision.
(c) Any energy conservation contingency plan shall not deal with more than one logically consistent subject matter.
(d)(1) In the case of an energy conservation contingency plan that regulates building temperatures, any State or political subdivision thereof may submit to the President a comparable plan, as described in subsection (b)(1), and include in such plan procedures permitting any person affected by such contingency plan to use alternative means of conserving at least as much energy in affected
buildings as would be conserved by the energy conservation contingency plan that regulates building temperatures. Such plan shall include effective procedures for the approval and enforcement of such alternative plans by such State or such political subdivision thereof.
(2) The alternative plan under paragraph (1) need not conserve energy in the same fashion as the energy conservation contingency plan that regulates building temperatures.
(3) Nothing in this subsection shall preclude any political subdivision of a State from applying directly to the President for approval of a comparable plan under paragraph (1).
[42 U.S.C. 6262]
RATIONING CONTINGENCY PLAN
SEC. 203. (a)(1) As soon as practicable after the date of the enactment of the Emergency Energy Conservation Act of 1979, the President shall prescribe, by rule, a rationing contingency plan which shall, for purposes of enforcement under section 5 of the Emergency Petroleum Allocation Act of 1973, be deemed a part of the regulation under section 4(a) of the Emergency Petroleum Allocation Act of 1973 and which shall provide, consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b)(1) of such Act
(A) for the establishment of a program for the rationing and ordering of priorities among classes of end-users of gasoline and diesel fuel used in motor vehicles, and
(B) for the assignment of rights, and evidence of such rights, to end-users of gasoline and such diesel fuel, entitling such end-users to obtain gasoline or such diesel fuel in precedence to other classes of end-users not similarly entitled.
The President, to the maximum extent practicable, shall consult with the Governors of the various States (or the representatives of such Governors) during the development of any rationing contingency plan under this section.
(2)(A) For purposes of paragraph (1), the objectives specified in section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973 shall be deemed to include consideration of the mobility needs of handicapped persons and their convenience in obtaining the enduser's rights specified in paragraph (1).
(B) For purposes of this part, the term "handicapped person" means any individual who, by reason of disease, injury, age, congenital malfunction, or other permanent incapacity or disability, is unable without special facilities, planning or design to utilize mass transportation vehicles, facilities, and services and who has a substantial, permanent impediment to mobility.
(3) Any rationing contingency plan prescribed under this section shall provide that
(A) the end-user rights specified in paragraph (1) shall be distributed on a State-to-State basis that results in the degree of shortfall from the base period use being equally shared among the various States, considering the most recent base period use data available;
(B) to the maximum extent practicable, such rights shall be made available to classes of end-users on a basis which takes into account fairly the relative needs of such end-users; and
(C) adequate end-user rights are available to carry out paragraph (1)(A) and (B) as required under paragraph (1).
(b) Any finding required to be made by the President pursuant to section 201(b)(3) and any request to put a rationing contingency plan into effect pursuant to section 201(e) shall be accompanied by a finding of the President that such plan is necessary to attain, to the maximum extent practicable, the objectives specified in section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973 and the purposes of this Act.
(c) The President shall, by order under section 4 of the Emergency Petroleum Allocation Act of 1973, for the purpose of carrying out a rationing contingency plan which is in effect, cause such adjustments to be made in the allocations made pursuant to the regulation under section 4(a) of such Act as the President determines to be necessary to carry out the purposes of this section and to be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b)(1) of such Act and the purposes of this Act.
(d)(1) The President shall, to the extent practicable, provide for the use of local boards described in paragraph (2) with authority to
(A) receive petitions from any end-user of gasoline and diesel fuel used in motor vehicles with respect to the priority and entitlement of such user under a rationing contingency plan, and
(B) order a reclassification or modification of any determination made under a rationing contingency plan with respect to such end-user's rationing priority or rights specified in subsection (a)(1).
Such boards shall operate under the procedures prescribed by the President by rule.
(2) Any rationing contingency plan under this section shall set forth
(A) criteria for delegation of the President's functions, in whole or part, under this Act with respect to such rationing contingency plan to officers or local boards (of balanced composition reflecting the community as a whole) of States or political subdivisions thereof; and
(B) procedures for petitioning for the receipt of such delegation.
(3)(A) Officers or local boards of States or political subdivisions thereof, beginning 30 days (or such earlier date as the President considers appropriate) after a rationing contingency plan is considered approved under this section, may petition the President to receive delegation under such paragraph.
(B) The President shall, within 30 days after the date of the receipt of any such petition which is properly submitted, grant or deny such petition.
(e) No rationing contingency plan under this section may
(1) impose any tax,
(2) provide for a credit or deduction in computing any tax, or
(3) impose any user fee, except to the extent necessary to defray the cost of administering the rationing contingency plan or to provide for initial distribution of end-user rights specified in subsection (a)(1).
(f) Notwithstanding section 531, all authority to carry out any rationing contingency plan shall expire on the same date as authority to issue and enforce rules and orders under the Emergency Petroleum Allocation Act of 1973.
(g) Any authority of the President with respect to a rationing contingency plan under this Act which is delegated to the Secretary shall be exercised by the Secretary without regard to section 404 of the Department of Energy Organization Act (42 U.S.C. 7174). (h) Any rationing contingency plan, or any amendment thereto, as well as any regulation thereunder, shall be prescribed in accordance with section 523(a), except that the period for any oral or written comments on any such proposed plan, amendment, or regulation may not extend beyond the 45th day after the date of the publication of the notice of the proposed plan, amendment, or regulation.
(i) Any ration coupon or any other evidence of right prepared by or on behalf of the United States for use in connection with a rationing contingency plan shall be considered to be an obligation or other security of the United States for purposes of title 18, United States Code.
[42 U.S.C. 6263]
PART B-AUTHORITIES WITH RESPECT TO INTERNATIONAL ENERGY
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 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;