PART C-ENERGY EMERGENCY PREPAREDNESS CONGRESSIONAL FINDINGS, POLICY, AND PURPOSE SEC 271.39 (a) FINDINGS.-The Congress finds that (1) a shortage of petroleum products caused by reductions in imports of petroleum products may occur at any time; (2) such a shortage may be sufficiently large to cause severe economic dislocations and hardships, or constitute a serious threat to public health, safety, and welfare; and (3) prior to the occurrence of such a shortage, the Federal Government has a responsibility to be prepared to mitigate the adverse impacts of such a shortage as a supplement to reliance on free market pricing and allocation of available petroleum product supplies. (b) POLICY.-The Congress declares that it shall be the policy of the United States that the Federal Government shall be prepared prior to any shortage of petroleum products to respond to energy emergencies, pursuant to authorities under provisions of law other than this part, as a supplement to reliance on the free market to mitigate the adverse impacts of a shortage of petroleum products on public health, safety, and welfare. (PURPOSE. The purpose of this part is to carry out the policy in subsection (b) by providing for the preparation of comprehensive energy emergency response procedures to be available for use by the President under authorities contained in any provision of law other than this part.) PREPARATION FOR PETROLEUM SUPPLY INTERRUPTIONS SEC. 272.40 (a) DESCRIPTION OF AVAILABLE LEGAL AUTHORITIES. (1) The President shall submit to the Congress no later than November 15, 1982, a memorandum of law which describes the nature and extent of the authorities available to the President under existing law to respond to a severe energy supply interruption or other substantial reduction in the amount of petroleum products available to the United States. (2) The memorandum of law required by paragraph (1) shall be prepared by the Attorney General, in consultation with the Secretary of Energy. (3) The memorandum of law submitted to the Congress pursuant to this subsection shall (A) include the following subjects— (i) activities of the United States in support of the international energy program and the December 10, 1981, International Energy Agency agreement entitled "Decision on Preparation for Future Supply Disruptions" including(I) the National Emergency Sharing Organization; (II) emergency sharing systems; and (III) the supply right project; 39 42 U.S.C. 6281. Sec. 271 was added by sec. 3(a) of the Energy Emergency Preparedness Act of 1982 (Public Law 97-229; 96 Stat. 248). 40 42 U.S.C. 6282. Secs. 272 was added by sec. 3(a) of the Energy Emergency Preparedness Act of 1982 (Public Law 97-229; 96 Stat. 248). (ii) activities of the United States pursuant to its energy emergency preparedness obligations to the North Atlantic Treaty Organization; (iii) development and use of the Strategic Petroleum Re serve; (iv) Government incentives to encourage private petroleum product stocks; (v) reactivation of the following Executive Manpower Re serves: (I) the Emergency Electric Power Reserve; (II) the Emergency Petroleum and Gas Reserve; and (III) the Emergency Solid Fuels Reserve; (vi) energy emergency response management in coordination with State and local governments; and (vii) emergency public information activities; and (B) distinguish among— (i) situations involving limited or general war, international tensions that threaten national security, and other Presidentially declared emergencies; (ii) events resulting in activation of the international energy program; and (iii) events or situations less severe than those described in clauses (i) and (ii). (b) COMPREHENSIVE ENERGY EMERGENCY RESPONSES PROCEDURES. (1) Not later than December 31, 1982, the President shall submit to the Congress comprehensive energy emergency response procedures for implementation, in whole or in part, of the authorities described under subsection (a). (2) The comprehensive energy emergency response procedures shall (A) describe the various options the President would consider using to implement the authorities described in the memorandum of law submitted under subsection (a) to respond to a severe energy supply interruption or other substantial reduction in the amount of petroleum products available to the United States, including a description of the likely sequence in which such options would be taken; (B) specify how appropriate governmental actions in response to international and domestic energy shortages would be selected and implemented under such options, particularly which official or governmental entity would select and implement such actions, and what procedures would be used in doing so; and (C) recommend any additional statutory authority the President considers necessary to respond to a severe energy supply interruption or other substantial reduction in the amount of petroleum products available to the United States. (c) DISCLAIMERS.—(1) Nothing in this part, or in the comprehensive energy emergency response procedures submitted pursuant to subsection (b), shall (A) limit the authority of the President under any provision of law to respond to a reduction in the amount of petroleum products available to the United States; or (B) grant any authority to the President to respond to a reduction in the amount of petroleum products available to the United States. (2) No State law or State program in effect on the date of the enactment of this part, or which may become effective thereafter, shall be construed to be superseded by any provision of this part. [Sections 505 and 506 amend The Energy Supply and Environmental Coordination Act of 1974] PROHIBITED ACTS SEC. 524.41 It shall be unlawful for any person (1) to violate any provision of title I or title II of this Act or this title (other than any provision of such titles which amend another law). (2) to violate any rule, regulation, or order issued pursuant to any provision of section 383 of this Act; or (3) to fail to comply with any provision prescribed in, or pursuant to, an energy conservation contingency plan which is in effect. ENFORCEMENT SEC. 525.42 (a) Whoever violates section 524 shall be subject to a civil penalty of not more than $5,000 for each violation. (b) Whoever willfully violates section 524 shall be fined not more than $10,000 for each violation. (c) Any person who knowingly and willfully violates section 524 with respect to the sale, offer of sale, or distribution in commerce of a product or commodity after having been subjected to a civil penalty for a prior violation of section 524 with respect to the sale, offer of sale, or distribution in commerce of such product or commodity shall be fined not more than $50,000 or imprisoned not more than 6 months, or both. (d) Whenever it appears to any officer or agency of the United States in whom is vested, or to whom is delegated, authority under this Act that any person has engaged, is engaged, or is about to engage in acts or practices constituting a violation of section 524, such officer or agency may request the Attorney General to bring an action in an appropriate district court of the United States to enjoin such acts or practices, and upon a proper showing a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. Any such court may also issue mandatory injunctions commanding any person to comply with any rule, regulation, or order described in section 524. (e)(1) Any person suffering legal wrong because of any act or practice arising out of any violation of any provision of this Act de 41 42 U.S.C. 6394. 42 42 U.S.C. 6395. scribed in paragraph (2), may bring an action in an appropriate district court of the United States without regard to the amount in controversy, for appropriate relief, including an action for a declaratory judgment or writ of injunction. Nothing in this subsection shall authorize any person to recover damages. (2) The provisions of this Act referred to in paragraph (1) are as follows: (A) Section 202 (relating to energy conservation plans). (B) Section 251 (relating to international oil allocation). (C) Section 252 (relating to international voluntary agreements). (D) Section 253 (relating to advisory committees). (E) Section 254 (relating to international exchange of information). (F) Section 521 (relating to prohibition on certain actions). EFFECT ON OTHER LAWS SEC. 526.43 No State law or State program in effect on the date of enactment of this Act, or which may become effective thereafter, shall be superseded by any provision of title I or II of this Act (other than any provision of such title which amends another law) or any rule, regulation, or order thereunder, except insofar as such State law or State program is in conflict with such provision, rule, regulation, or order. EXPIRATION SEC. 531.44 *** [Repealed-1985] PART C-CONGRESSIONAL REVIEW PROCEDURE FOR CONGRESSIONAL REVIEW OF PRESIDENTIAL SEC. 551.45 (a) For purposes of this section, the term "energy action" means any matter required to be transmitted, or submitted to the Congress in accordance with the procedures of this section. (b) The President shall transmit any energy action (bearing an identification number) to both Houses of Congress on the same day. If both Houses are not in session on the day any energy action is received by the appropriate officers of each House, for purposes of this section such energy action shall be deemed to have been transmitted on the first succeeding day on which both Houses are in session. 43 42 U.S.C. 6396. 44 Sec. 531 (42 U.S.C. 6401) was repealed by sec. 104(cX3) of the Energy Policy and Conservation Amendments Act of 1985 (Public Law 99-58; 99 Stat. 105). It formerly read as follows: "Except as otherwise provided in title I or title II, all authority under any provision of title I or title II (other than a provision of either such title amending another law) and any rule, regulation, or order issued pursuant to such authority, shall expire at midnight, June 30, 1985, but such expiration shall not affect any action or pending proceedings, civil or criminal, not finally determined on such date, nor any action or proceeding based upon any act committed prior to midnight, June 30, 1985.". 45 42 U.S.C. 6421. (c)(1) Except as provided in paragraph (2) of this subsection, if energy action is transmitted to the Houses of Congress, such action shall take effect at the end of the first period of 15 calendar days of continuous session of Congress after the date on which such action is transmitted to such Houses, unless between the date of transmittal and the end of such 15-day period, either House passes a resolution stating in substance that such House does not favor such action. (2) An energy action described in paragraph (1) may take effect prior to the expiration of the 15-calendar-day period after the date on which such action is transmitted, if each House of Congress approves a resolution affirmatively stating in substance that such House does not object to such action. (d) For the purpose of subsection (c) of this section (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 15-calendar-day period. (e) Under provisions contained in an energy action, a provision of such an action may take effect on a date later than the date on which such action otherwise takes effect pursuant to the provisions of this section. (f)(1) This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by paragraph (2) of this subsection; and it supersedes other rules only to the extent that it is inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of the House. (2) For purposes of this subsection, the term "resolution" means only a resolution of either House of Congress described in subparagraph (A) or (B) of this paragraph. (A) A resolution the matter which is as follows: "That the ergy action numbered after the resolving clause of does not object to the ensubmitted to the Congress on 19. .", the first blank space therein being filled with the name of the resolving House and the other blank spaces being appropriately filled; but does not include a resolution which specifies more than one energy action. (B) A resolution the matter after the resolving clause of which is as follows: "That the does not favor the energy action numbered transmitted to Congress on 19", the first blank space therein being filled with the name of the resolving House and the other blank spaces therein being appropriately filled; but does not include a resolution which specifies more than one energy action. (3) A resolution once introduced with respect to an energy action shall immediately be referred to a committee (and all resolutions 88-539 0-95 16 |