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ANNUAL REPORTS

SEC. 165. (a) The Secretary shall report to the President and the Congress, not later than one year after the transmittal of the Strategic Petroleum Reserve Plan to the Congress and each year thereafter, on all actions taken to implement this part. Such report shall include

(1) a detailed statement of the status of the Strategic Petroleum Reserve;

(2) a summary of the actions taken to develop and implement the Strategic Petroleum Reserve Plan and the Early Storage Reserve Plan;

(3) an analysis of the impact and effectiveness of such actions on the vulnerability of the United States to interruption in supplies of petroleum products;

(4) a summary of existing problems with respect to further implementation of the Early Storage Reserve Plan and the Strategic Petroleum Reserve Plan; and

(5) any recommendations for supplemental legislation deemed necessary or appropriate by the Secretary to implement the provisions of this part.

(b)(1) On or before the fifteenth day of the second calendar quarter which begins after the date of the enactment of this subsection and every calendar quarter thereafter, the Scretary shall report to the Congress on activities undertaken with respect to the Strategic Petroleum Reserve under the amendments made by the Strategic Petroleum Reserve Amendments Act of 1981, including—

(A) the amounts of petroleum products stored in the Reserve, under contract and in transit at the end of the previous calendar quarter;

(B) the projected fill rate for the Strategic Petroleum Reserve for the then current calendar quarter and the provision calendar quarter;

(C) the average price of the petroleum products acquired during the previous calendar quarter;

(D) existing and projected Strategic Petroleum Reserve storage capacity and plans to accelerate the acquisition or construction of such capacity;

(E) an analysis of any existing or anticipated problems associated with acquisition, transportation, and storage of petroleum products in the Reverse and with the expansion of storage capacity for the Reserve; and

(F) the amount of funds obligated by the Secretary from the SPR Petroleum Account, as well as other funds available for the Reserve, during the previous calendar quarter and in total under the amendments made by such Act.

(2) The first report submitted under paragraph (1) shall include(A) a detailed statement on the planned use of the SPR Petroleum Account as well as other funds available for the Strategic Petroleum Reserve;

(B) a description of the current Strategic Petroleum Reserve Plan, including any proposed or anticipated amendments to the Plan; and

(C) detailed plans of the Secretary for acquisition or new construction of storage and related facilities.

[42 U.S.C. 6245]

AUTHORIZATION OF APPROPRIATIONS

SEC. 166. There are authorized to be appropriated—

(1) such funds as are necessary to develop and implement the Early Storage Reserve Plan (including planning, administration, acquisition, and construction of storage and related facilities) and as are necessary to permit the acquisition of petroleum products for storage in the Early Storage Reserve or, if the Strategic Petroleum Reserve Plan has become effective under section 159(a), for storage in the Strategic Petroleum Reserve in the minimum volume specified in section 154(a) or 155(a)(2), whichever is applicable;

(2) $1,100,000,000 to remain available until expended to carry out the provisions of this part to develop the Strategic Petroleum Reserve Plan and to implement such plan which has taken effect pursuant to section 159(a), including planning, administration, and acquisition and construction of storage and related facilities, but no funds are authorized to be appropriated under this paragraph for the purchase of petroleum products for storage in the Strategic Petroleum Reserve;

(3) such funds for the fiscal year ending September 30, 1978, not to exceed $1,210,000,000, as are necessary to permit the acquisition and storage of petroleum products in the Strategic Petroleum Reserve, in accordance with the storage schedule set forth in the Strategic Petroleum Reserve Plan then in effect in excess of the minimum volume specified in section 154(a), but not in excess of 500,000,000 barrels; and

(4) for the fiscal year ending September 30, 1982, not to exceed $260,000,000 to carry out the provisions of this part, except

(A) acquisition, transportation, and injection of petroleum products for the Reserve, and

(B) the carrying out of any drawdown and distribution of the Reserve.

[42 U.S.C. 6246]

SPR PETROLEUM ACCOUNT

SEC. 167.1 (a) The Secretary of the Treasury shall establish in the Treasury of the United States an account to be known as the "SPR Petroleum Account" (hereinafter in this section referred to as the "Account").

(b) Amounts in the Account may be obligated by the Secretary of Energy for the acquisition, transportation, and injection of petroleum products into the Strategic Petroleum Reserve, and the drawdown and delivery of petroleum products from the Reserve

1 Public Law 98-461, the joint resolution making further continuing appropriations for fiscal year 1985, provided the following concerning the Strategic Petroleum Reserve Petroleum Ac

count:

"SPR PETROLEUM ACCOUNT

"The aggregate amount that may be obligated under section 167 of the Energy Policy and Conservation Act of 1975 (Public Law 94-163), as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), for the acquisition and transportation of petroleum, and for other necessary expenses, is $2,049,550,000, in addition to authority provided in fiscal years 1982, 1983, and 1984, to remain available until expended: Provided, That the minimum required fill rate during fiscal year 1985 shall be not less than 159,000 barrels per day."

(1) in the case of fiscal year 1982, in an aggregate amount, not to exceed $3,900,000,000, as may be provided in advance in Appropriation Acts;

(2) in the case of any fiscal year after fiscal year 1982, subject to section 660 of the Department of Energy Organization Act, in such aggregate amounts as may be appropriated in advance in appropriation Acts; and

(3) in the case of any fiscal year, notwithstanding section 660 of the Department of Energy Organization Act, in an aggregate amount equal to the aggregate amount of the receipts to the United States from the sale of petroleum products in any drawdown and distribution of the Strategic Petroleum Reserve under section 161.

Funds available to the Secretary of Energy for obligation under this subsection may remain available without fiscal year limitation.

(c) The Secretary of the Treasury shall provide and deposit into the Account such sums as may be necessary to meet obligations of the Secretary of Energy under subsection (b).

(d) The Account, the deposits and withdrawals from the Account, and the transactions, receipts, obligations, outlays associated with such deposits and withdrawals (including petroleum product purchases and related transactions), and receipts to the Untied States from the sale of petroleum products in any drawdown and distribution of the Strategic Petroleum Reserve under section 161—

(1) shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States; and

(2) shall not be deemed to be budget authority, spending authority, budget outlays, or Federal revenues for purposes of title III of Public Law 93-344, as amended.

(e)(1) Except as provided in paragraph (2), nothing in this part shall be construed to limit the Account from being used to meet expenses relating to interim storage facilities for the storage of petroleum products for the Strategic Petroleum Reserve.

(2) In any fiscal year, amounts in the Account may not be obligated for expenses relating to interim storage facilities in excess of 10 percent of the total amounts in the Account obligated in such fiscal year. If the amount obligated in any fiscal year for interim storage expenses is less than the amount of the 10-percent limit under the preceding sentence for that fiscal year, then the amount of the 10-percent limit applicable in the following fiscal year shall be increased by the amount by which the limit exceeded the amount obligated for such expenses.

TITLE II—STANDBY ENERGY AUTHORITIES

PART A-GENERAL EMERGENCY AUTHORITIES

CONDITIONS OF EXERCISE OF ENERGY CONSERVATION AND RATIONING

AUTHORITIES

SEC. 201. (a)(1) Within 180 days after the date of enactment of this Act, the President shall transmit to the Congress pursuant to

subsection (b)(1) one or more energy conservation contingency plans and a rationing contingency plan. The President may at any time submit additional contingency plans. A contingency plan may become effective only as provided in this section. Such plan may remain in effect for a period specified in the plan but not more than 9 months, unless earlier rescinded by the President.

(2) For purposes of this section, the term “contingency plan”

means

(A) an energy conservation contingency plan prescribed under section 202; or

(B) a rationing contingency plan prescribed under section 203.

(b) Except as otherwise provided in subsection (c), no energy conservation contingency plan may become effective unless—

(1) the President has transmitted such contingency plan to the Congress in accordance with section 552(a);

(2) such contingency plan has been approved by a resolution by each House of Congress in accordance with the procedures specified in section 552; and

(3) after approval of such contingency plan the President— (A) has found that putting such contingency plan into effect is required by a severe energy supply interruption or in order to fulfill obligations of the United States under the international energy program, and

(B) has transmitted such finding to the Congress, together with a statement of the effective date and manner for exercise of such plan.

(c)(1) Except as provided in paragraph (2) and (3), an energy conservation contingency plan may not be amended unless the President has transmitted such amendment to the Congress in accordance with section 552 and each House of Congress has approved such amendment in accordance with the procedures specified in section 552.

(2) An amendment to an energy conservation contingency plan which is transmitted to the Congress during any period in which such plan is in effect may take effect if 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.

(3) The President may prescribe technical or clerical amendments to an energy conservation contingency plan in accordance with section 523.

(d)(1) For purposes of this subsection, any rationing contingency plan shall be considered to be approved if—

(A) the President has transmitted such rationing contingency plan to the Congress in accordance with section 552, and

(B) such rationing contingency plan has not been disapproved by a joint resolution adopted into law after passage by both Houses of the Congress in accordance with section 552. (2)(A) Except to the extent provided under subparagraph (B), the President may put into effect a rationing contingency plan which is

considered approved under the preceding provisions of this subsection only if

(i) the President has found, in his discretion, that putting such rationing contingency plan into effect is required by a severe energy supply interruption or is necessary to comply with obligations of the United States under the international energy program, subject to paragraph (3);

(ii) the President has transmitted such finding to the Congress in accordance with section 551, together with a request to put such rationing contingency plan into effect; and

(iii) neither House of the Congress has disapproved (or both Houses have approved) such request in accordance with the procedures specified in section 551.

(B)(i) The President may put into effect such an approved rationing plan without the finding required under subparagraph (A)(i) and without regard to the requirements of subparagraph (A)(ii) and (iii)) if—

(I) the President has transmitted to the Congress in accordance with section 552 a request to waive such requirements; and

(II) such request has been approved by a resolution by each House of the Congress within 30 days of continuous session of Congress after the date of its transmittal, in accordance with the provisions of section 552 applicable thereunder to energy conservation contingency plans.

(ii) Any authority to put a rationing contingency plan into effect under clause (i) pursuant to a request under such clause shall terminate on the 60th calendar day after the date on which a resolution approving that request is adopted by the second House to have so approved that request.

(iii) In applying the provisions of section 552 for purposes of this subparagraph

(I) subsections (b), (d)(2)(B), and (d)(7) shall not apply;

(II) the references to 60 calendar days and 20 calendar days shall be considered to refer to 30 calendar days and 10 calendar days, respectively; and

(III) the references to any contingency plan shall be considered to refer to a request under this subparagraph. (3) For purposes of paragraph (2)—

(A) The term "severe energy supply interruption" means a national energy supply shortage which the President deter

mines

(i) has resulted or is likely to result in a daily shortfall in the United States of gasoline, diesel fuel, and No. 2 heating oil supplies for a period in excess of 30 days (including reductions as a result of an allocation away from the United States under the international energy program) of an amount equal to 20 percent or more of projected daily demand for such supplies;

(ii) is not manageable under other energy emergency authorities, including any energy conservation contingency plans approved under subsection (b) and any emergency

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