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SECTION 455 OF THE ENERGY POLICY AND CONSERVATION ACT

(PUBLIC LAW 94-163)

CONVERSION TO STANDBY AUTHORITIES Sec. 455. The Emergency Petroleum Allocation Act of 1973, as amended by this Act, is further amended by adding at the end thereof the following new section:

"CONVERSION MECHANISM TO STANDBY AUTHORITIES “SEC. 12. (a) The President may not amend the regulation under 15 USC 760a. section 4(a) in any manner which

“(1) exempts crude oil produced in the United States from any provision of such regulation required to be made a part of such regulation by section 8; or

Ante, p. 942. *(2) results in making such regulation, as so amended, inconsistent with any limitation or other requirement specified in sec

tion 8. “(b) Except as provided in subsection (a), the President may amend the regulation under section 4(a) if he determines that such amendment is consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b) (1) and that the regulation, as amended, provides for the attainment, to the maximum extent practicable, of such objectives.

"(c) (1) Any such amendment which, with respect to a class of persons or class of transactions (including transactions with respect to any market level), exempts crude oil, residual fuel oil, or any refined petroleum product or refined product category from the provisions of the regulation under section 4(a) as such provisions pertain to either 15 USC 753, (A) the allocation of amounts of any such oil or product, or (B) the specification of price or the manner for determining the price of any such oil or product, or both of the matters described in subparagraphs (A) and (B), may take effect only pursuant to the provisions of this subsection.

"(2) The President shall submit any amendment referred to in paragraph (1) to the Congress in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act. Any such Post, p. 965. amendment shall be accompanied by a specific statement of the President's rationale for such amendment and the matter described in subsection (d) of this section. Such an amendment

“(A) may apply only to one oil or one refined product category;

(B) may apply to the matters specified in either subparagraph (A) or (B) of paragraph (1) of this subsection, or both; and

"(C) may provide for scheduled or phased implementation. “(3) As used in this section the term 'refined product category' "Refined means

product cate“(A) motor gasoline;

“B) Number 2 oils (Number 2 heating oil and Number 2-D diesel fuel);

“(C) propane; or

(D) all or any portion of other refined petroleuin products as a class (including natural gas liquids and natural gas liquid prod

ucts, other than propane). “(4) Such an amendment shall not take effect if either House of Congress disapproves such amendment in accordance with the procedures specified in section 551 of the Energy Policy and Conservation

"(d)(1) The President shall support any amendment described in subsection (b) which is transmitted to the Congress under subsection (c) of this section with a finding that such amendment is consistent with the attainment of the objectives specified in subsection 4(1) (1) and in the case of

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"(A) any exemption described in subsection (c)(1)(A), with a finding that such oil or refined product category is no longer in short supply and that exempting such oil or refined product category will not have an adverse impact on the supply of any other oil or refined petroleum product subject to this Act; and

“(B) any exemption described in subsection (c) (1) (B), with a finding that competition and market forces are adequate to protect consumers and that exempting such oil or refined product category will not result in inequitable prices for any class of users of such oil or product. “(2) Any amendment which the President submits to the Congress under subsection (c) of this section shall be accompanied

“(A) by a statement of the President's views as to the potential economic impacts (if any) of such amendment which, where practicable, shall include his views as to

“(i) the State and regional impacts of such amendment (including effects on governmental units);

"(ii) the effects of such amendment on the availability of consumer goods and services; the gross national product; competition; small business; and the supply and availability of energy resources for use as fuel or as feedstock for industry; and

"(iii) the effects on employment and consumer prices; and “(B) in the case of an exemption described in subsection (c) (1) (B) of this section, by an analysis of the effects of such amendment on the rate of unemployment for the United States, the Consumer Price Index for the United States, and the implicit

price deflator for the gross national product. “(e) In any judicial review of an amendment required by this

section to be submitted to Congress in accordance with the procedures Post, p. 965. specified in section 551 of the Energy Policy and Conservation Act,

the reviewing court may not hold unlawful or set aside any such amendment on the ground that any findings made by the President were not adequate to meet the requirements of subsection (c), (d), . or (g) of this section or subparagraph (A), (E), or (F), of section 706(2) of title 5, United States Code.

“(f) With respect to any oil or refined product category which is exempted pursuant to the provisions of this section, the President shall have authority at any time thereafter to prescribe a regulation or issue an order respecting either the allocation of amorts, or the specification of price or the manner for determining the price, of any such oil or refined product category upon a determination by

him that such regulation or order is necessary to attain, and is con15 USC 753. sistent with, the objectives specified in section 4(b)(1). Any such oil

or refined product category for which allocation or price requirements are reimposed under authority of this subsection may subsequently be exempted without regard to the provisions of subiscction (c) of

this section. Ante, p. 948. “(g) Notwithstanding the provisions of subsection (e) of section 4,

the President may, if he deterinines that the exemption from payments for certain small refiners required by such subsection

"(1) results in unfair economic or competitive advantage with respect to other small refiners; or

"(2) otherwise has the effect of seriously impairing the President's ability to provide in the regulation under section 4(a) for the attainment of the objective specified in section 4(b) (1) (D) and for the attainment of those other objectives specified in section

4(b) (1); submit, in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act, an amendment to modify the regulation under section 4(a) with respect to the provisions of such regulation as they relate to such exemption. Such amendment shall not take effect if disapproved by either House of Congress under the procedures specified in such section 551.".

SECTION 551 OF THE ENERGY POLICY AND CONSERVATION ACT

(PUBLIC LAW 94-163)

PROCEDURE FOR CONGRESSIONAL REVIEW OF PRESIDENTIAL REQUESTS TO

IMPLEMENT CERTAIN AUTIIORITIES

Sec. 551. (a) For purposes of this section, the terin "energy action" 42 USC 6421. means any matter required to be transmitted, or subinitted to the Con- "Energy action." gress in accordance with the procedures of this section.

(b) The President shall transmit any energy action (bearing an Transmittal to identification number) to both Houses of Congress on the same day. If Congress, both Houses are not in session on the day any energy action is received by the appropriate officers of each Ilouse, 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.

(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 affirnatively 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 adjourminent 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 "Resolution." only a resolution of either House of Congress described in subparagraph (A) or (B) of this paragraph.

(A) A resolution the matter after the resolving clause of which is as follows: "That the

- does not object to the energy action numbered -

- submitted 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)

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