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42 U.S.C. § 6245 — Annual report

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42 U.S.C. § 6245 — Annual report

Page 6676 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6242 REGULATIONS Pub. L. 105–388, § 9(b), Nov. 13, 1998, 112 Stat. 3484, pro- vided that: ‘‘(1) IN GENERAL.—The Secretary of Energy shall issue such regulations as are necessary to carry out the amendment made by subsection (a) [amending this sec- tion]. ‘‘(2) ADMINISTRATIVE PROCEDURE.—Regulations issued to carry out the amendment made by subsection (a) shall not be subject to— ‘‘(A) section 523 of the Energy Policy and Conserva- tion Act (42 U.S.C. 6393); or ‘‘(B) section 501 of the Department of Energy Orga- nization Act (42 U.S.C. 7191).’’ STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE Provisions related to drawdown and sale from the Strategic Petroleum Reserve were contained in the fol- lowing acts: Pub. L. 118–42, div. D, title III, § 308, Mar. 9, 2024, 138 Stat. 208. Pub. L. 117–58, div. I, § 90002(a)–(c)(1), Nov. 15, 2021, 135 Stat. 1342. Pub. L. 116–136, div. B, title IV, § 14002(b), Mar. 27, 2020, 134 Stat. 526. Pub. L. 116–94, div. C, title III, Dec. 20, 2019, 133 Stat. 2671. Pub. L. 115–270, title III, § 3009, Oct. 23, 2018, 132 Stat. 3870. Pub. L. 115–244, div. A, title III, Sept. 21, 2018, 132 Stat. 2908. Pub. L. 115–141, div. D, title III, Mar. 23, 2018, 132 Stat. 520. Pub. L. 115–141, div. O, title V, § 501(a), (b), Mar. 23, 2018, 132 Stat. 1079, 1080. Pub. L. 115–123, div. C, title II, § 30204(a), (b), Feb. 9, 2018, 132 Stat. 126, 127, as amended by Pub. L. 117–328, div. M, title III, § 1301(d), Dec. 29, 2022, 136 Stat. 5194. Pub. L. 115–97, title II, § 20003, Dec. 22, 2017, 131 Stat. 2237. Pub. L. 115–56, div. D, § 158, as added by Pub. L. 115–123, div. B, § 20101(2), Feb. 9, 2018, 132 Stat. 120. Pub. L. 114–255, div. A, title V, § 5010(a), (b), Dec. 13, 2016, 130 Stat.

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Page 6676 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6242 REGULATIONS Pub. L. 105–388, § 9(b), Nov. 13, 1998, 112 Stat. 3484, pro- vided that: ‘‘(1) IN GENERAL.—The Secretary of Energy shall issue such regulations as are necessary to carry out the amendment made by subsection (a) [amending this sec- tion]. ‘‘(2) ADMINISTRATIVE PROCEDURE.—Regulations issued to carry out the amendment made by subsection (a) shall not be subject to— ‘‘(A) section 523 of the Energy Policy and Conserva- tion Act (42 U.S.C. 6393); or ‘‘(B) section 501 of the Department of Energy Orga- nization Act (42 U.S.C. 7191).’’ STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE Provisions related to drawdown and sale from the Strategic Petroleum Reserve were contained in the fol- lowing acts: Pub. L. 118–42, div. D, title III, § 308, Mar. 9, 2024, 138 Stat. 208. Pub. L. 117–58, div. I, § 90002(a)–(c)(1), Nov. 15, 2021, 135 Stat. 1342. Pub. L. 116–136, div. B, title IV, § 14002(b), Mar. 27, 2020, 134 Stat. 526. Pub. L. 116–94, div. C, title III, Dec. 20, 2019, 133 Stat. 2671. Pub. L. 115–270, title III, § 3009, Oct. 23, 2018, 132 Stat. 3870. Pub. L. 115–244, div. A, title III, Sept. 21, 2018, 132 Stat. 2908. Pub. L. 115–141, div. D, title III, Mar. 23, 2018, 132 Stat. 520. Pub. L. 115–141, div. O, title V, § 501(a), (b), Mar. 23, 2018, 132 Stat. 1079, 1080. Pub. L. 115–123, div. C, title II, § 30204(a), (b), Feb. 9, 2018, 132 Stat. 126, 127, as amended by Pub. L. 117–328, div. M, title III, § 1301(d), Dec. 29, 2022, 136 Stat. 5194. Pub. L. 115–97, title II, § 20003, Dec. 22, 2017, 131 Stat. 2237. Pub. L. 115–56, div. D, § 158, as added by Pub. L. 115–123, div. B, § 20101(2), Feb. 9, 2018, 132 Stat. 120. Pub. L. 114–255, div. A, title V, § 5010(a), (b), Dec. 13, 2016, 130 Stat. 1197, 1198. Pub. L. 114–94, div. C, title XXXII, § 32204, Dec. 4, 2015, 129 Stat. 1740, as amended by Pub. L. 117–328, div. M, title III, § 1301(c), Dec. 29, 2022, 136 Stat. 5194. Pub. L. 114–74, title IV, § 403, Nov. 2, 2015, 129 Stat. 589, as amended by Pub. L. 117–328, div. M, title III, § 1301(b), Dec. 29, 2022, 136 Stat. 5194. § 6242. Coordination with import quota system No quantitative restriction on the importa- tion of any petroleum product into the United States imposed by law shall apply to volumes of any such petroleum product imported into the United States for storage in the Reserve. (Pub. L. 94–163, title I, § 162, Dec. 22, 1975, 89 Stat. 889.) § 6243. Records and accounts (a) Preparation and maintenance The Secretary may require any person to pre- pare and maintain such records or accounts as the Secretary, by rule, determines necessary to carry out the purposes of this part. (b) Audit of operations of storage facility The Secretary may audit the operations of any storage facility in which any petroleum product is stored or required to be stored pursuant to the provisions of this part. (c) Access to and inspection of records or ac- counts and storage facilities The Secretary may require access to, and the right to inspect and examine, at reasonable times, (1) any records or accounts required to be prepared or maintained pursuant to subsection (a) and (2) any storage facilities subject to audit by the United States under the authority of this part. (Pub. L. 94–163, title I, § 163, Dec. 22, 1975, 89 Stat. 889; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. § 6244. Repealed. Pub. L. 106–469, title I, § 103(16), Nov. 9, 2000, 114 Stat. 2032 Section, Pub. L. 94–163, title I, § 164, Dec. 22, 1975, 89 Stat. 889; Pub. L. 94–258, title I, § 105(a), Apr. 5, 1976, 90 Stat. 305; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, required a report on development of Naval Petroleum Reserve Number 4. § 6245. Annual report The Secretary shall report annually to the President and the Congress on actions taken to implement this part. This report shall include— (1) the status of the physical capacity of the Reserve and the type and quantity of petro- leum products in the Reserve; (2) an estimate of the schedule and cost to complete planned equipment upgrade or cap- ital investment in the Reserve, including up- grades and investments carried out as part of operational maintenance or extension of life activities; (3) an identification of any life-limiting con- ditions or operational problems at any Re- serve facility, and proposed remedial actions including an estimate of the schedule and cost of implementing those remedial actions; (4) a description of current withdrawal and distribution rates and capabilities, and an identification of any operational or other limi- tations on those rates and capabilities; (5) a listing of petroleum product acquisi- tions made in the preceding year and planned in the following year, including quantity, price, and type of petroleum; (6) a summary of the actions taken to de- velop, operate, and maintain the Reserve; (7) a summary of the financial status and fi- nancial transactions of the Strategic Petro- leum Reserve and Strategic Petroleum Re- serve Petroleum Accounts for the year; (8) a summary of expenses for the year, and the number of Federal and contractor employ- ees; (9) the status of contracts for development, operation, maintenance, distribution, and other activities related to the implementation of this part; (10) a summary of foreign oil storage agree- ments and their implementation status; (11) any recommendations for supplemental legislation or policy or operational changes the Secretary considers necessary or appro- priate to implement this part. (Pub. L. 94–163, title I, § 165, Dec. 22, 1975, 89 Stat. 889; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, Page 6677 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6246 1978, 92 Stat. 3288; Pub. L. 97–35, title X, § 1035(a), Aug. 13, 1981, 95 Stat. 620; Pub. L. 99–509, title III, § 3203, Oct. 21, 1986, 100 Stat. 1890; Pub. L. 104–66, title I, § 1051(j), Dec. 21, 1995, 109 Stat. 717; Pub. L. 106–469, title I, § 103(17), Nov. 9, 2000, 114 Stat. 2032.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–469 amended section generally. Prior to amendment, section required the Secretary to report to the President and to 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. 1995—Pub. L. 104–66 struck out subsec. (a) designation before ‘‘The Secretary shall’’, and struck out subsec. (b) which directed Secretary to report to Congress on activities undertaken with respect to Strategic Petro- leum Reserve under the amendments made by Stra- tegic Petroleum Reserve Amendments Act of 1981. 1986—Subsec. (a)(1). Pub. L. 99–509 amended par. (1) generally, inserting ‘‘, including’’ in introductory text and adding subpars. (A) to (G). 1981—Pub. L. 97–35 designated existing provisions as subsec. (a) and added subsec. (b). 1978—Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as a note under section 6240 of this title. REPORTS TO CONGRESS ON PETROLEUM SUPPLY INTERRUPTIONS Pub. L. 97–229, § 6, Aug. 3, 1982, 96 Stat. 253, provided that: ‘‘(a) IMPACT ANALYSIS.—(1) The Secretary of Energy shall analyze the impact on the domestic economy and on consumers in the United States of reliance on mar- ket allocation and pricing during any substantial re- duction in the amount of petroleum products available to the United States. In making such analysis, the Sec- retary of Energy may consult with the Secretary of the Treasury, the Secretary of Agriculture, the Director of the Office of Management and Budget, and the heads of other appropriate Federal agencies. Such analysis shall— ‘‘(A) examine the equity and efficiency of such reli- ance, ‘‘(B) distinguish between the impacts of such reli- ance on various categories of business (including small business and agriculture) and on households of different income levels, ‘‘(C) specify the nature and administration of mone- tary and fiscal policies that would be followed includ- ing emergency tax cuts, emergency block grants, and emergency supplements to income maintenance pro- grams, and ‘‘(D) describe the likely impact on the distribution of petroleum products of State and local laws and regulations (including emergency authorities) affect- ing the distribution of petroleum products. Such analysis shall include projections of the effect of the petroleum supply reduction on the price of motor gasoline, home heating oil, and diesel fuel, and on Fed- eral tax revenues, Federal royalty receipts, and State and local tax revenues. ‘‘(2) Within one year after the date of the enactment of this Act [Aug. 3, 1982], the Secretary of Energy shall submit a report to the Congress and the President con- taining the analysis required by this subsection, in- cluding a detailed step-by-step description of the proce- dures by which the policies specified in paragraph (1)(C) would be accomplished in an emergency, along with such recommendations as the Secretary of Energy deems appropriate. ‘‘(b) STRATEGIC PETROLEUM RESERVE DRAWDOWN AND DISTRIBUTION REPORT.—The President shall prepare and transmit to the Congress, at the time he transmits the drawdown plan pursuant to section 4(c) [section 4(c) of Pub. L. 97–229, set out as a note under 42 U.S.C. 6234], a report containing— ‘‘(1) a description of the foreseeable situations (in- cluding selective and general embargoes, sabotage, war, act of God, or accident) which could result in a severe energy supply interruption or obligations of the United States arising under the international en- ergy program necessitating distributions from the Strategic Petroleum Reserve, and ‘‘(2) a description of the strategy or alternative strategies of distribution which could reasonably be used to respond to each situation described under paragraph (1), together with the theory and justifica- tion underlying each such strategy. The description of each strategy under paragraph (2) shall include an explanation of the methods which would likely be used to determine the price and dis- tribution of petroleum products from the Reserve in any such distribution, and an explanation of the dis- position of revenues arising from sales of any such pe- troleum products under the strategy. ‘‘(c) REGIONAL RESERVE REPORT.—The President or his delegate shall submit to the Congress no later than December 31, 1982, a report regarding the actions taken to comply with the provisions of section 157 of the En- ergy Policy and Conservation Act (42 U.S.C. 6237). Such report shall include an analysis of the economic bene- fits and costs of establishing Regional Petroleum Re- serves, including— ‘‘(1) an assessment of the ability to transport petro- leum products to refiners, distributors, and end users within the regions specified in section 157(a) of such Act; ‘‘(2) the comparative costs of creating and oper- ating Regional Petroleum Reserves for such regions as compared to the costs of continuing current plans for the Strategic Petroleum Reserve; and ‘‘(3) a list of potential sites for Regional Petroleum Reserves. ‘‘(d) STRATEGIC ALCOHOL FUEL RESERVE REPORT.—The Secretary of Energy shall, in consultation with the Secretary of Agriculture, prepare and transmit to the Congress no later than December 31, 1982, a study of the potential for establishing a Strategic Alcohol Fuel Re- serve. ‘‘(e) MEANING OF TERMS.—As used in this section, the terms ‘international energy program’, ‘petroleum prod- uct’, ‘Reserve’, ‘severe energy supply interruption’, and ‘Strategic Petroleum Reserve’ have the meanings given such terms in sections 3 and 152 of the Energy Policy and Conservation Act (42 U.S.C. 6202 and 6232).’’ § 6246. Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this part and part D, to remain available until expended. (Pub. L. 94–163, title I, § 166, as added Pub. L. 109–58, title III, § 301(a)(1), Aug. 8, 2005, 119 Stat. 683.) Editorial Notes PRIOR PROVISIONS A prior section 6246, Pub. L. 94–163, title I, § 166, Dec. 22, 1975, 89 Stat. 890; Pub. L. 95–70, § 4, July 21, 1977, 91 Stat. 277; Pub. L. 97–35, title X, § 1034(b), Aug. 13, 1981, 95 Stat. 619; Pub. L. 104–306, § 1(1), Oct. 14, 1996, 110 Stat. 3810; Pub. L. 105–177, § 1(1), June 1, 1998, 112 Stat. 105;

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6202 — Expedited procedure for Congressional consideration of certain authorities

**(a) Contingency plan identification number; transmittal of plan to Congress** Any contingency plan transmitted to the Congress pursuant to section 6261(a)(1) 11 See References in Text note below. of this title shall bear an identification number and shall be transmitted to both Houses of Congress on the same day and to each House while it is in session. **(b) Necessity of Congressional resolution within certain period for plan to be considered approved** (1) No such energy conservation contingency plan may be considered approved for purposes of section 6261(b) 1 of this title unless between the date of transmittal and the end of the first period of 60 calendar days of continuous session of Congress after the date on which such action is transmitted to such House, each House of Congress passes a resolution described in subsection (d)(2)(A). (2) (A) Subject to subparagraph (B), any such rationing contingency plan shall be considered approved for purposes of section 6261(d) 1 of this title only if such plan is not disapproved by a resolution described in subsection (d)(2)(B)(i) which passes each House of the Congress during the 30-calendar-day period of continuous session after the plan is transmitted to such Houses and which thereafter becomes law. (B) A rationing contingency plan may be considered approved prior to the expiration of the 30-calendar-day period after such plan is transmitted if a resolution described in subsection (d)(2)(B)(ii) is passed by each House of the Congress and thereafter becomes law. **(c) Computation of period** For the purpose of subsection (b) 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

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42 U.S.C. § 6202 — Definitions

Page 6660 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6202 tional Bureau of Standards, shall establish, for pur- poses of developing the ten-year plan, a practical and effective method for estimating and comparing life cycle capital and operating costs for Federal buildings, including residential, commercial, and industrial type categories. Such method shall be consistent with the Office of Management and Budget Circular No. A–94, and shall be adopted and used by all agencies in devel- oping their plans pursuant to subsection (e), annual re- ports pursuant to subsection (g), and budget estimates pursuant to subsection (h). For purposes of this para- graph, the term ‘‘life cycle cost’’ means the total costs of owning, operating, and maintaining a building over its economic life, including its fuel and energy costs, determined on the basis of a systematic evaluation and comparison of alternative building systems. [Ref- erences to National Bureau of Standards deemed to refer to National Institute of Standards and Tech- nology pursuant to section 5115(c) of Pub. L. 100–418, set out as a Change of Name note under 15 U.S.C. 271.] (d) Not later than November 1, 1977, the Secretary, with the concurrence of the Director of the Office of Management and Budget, and after consultation with the Administrator of General Services and the heads of the Executive agencies specified in subsection (a) shall issue guidelines for the plans to be submitted pursuant to subsection (e). (e)(1) The head of each Executive agency that main- tains any existing building or will maintain any new building shall submit no later than six months after the issuance of guidelines pursuant to subsection (d), to the Secretary a ten-year plan designed to the max- imum extent practicable to

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42 U.S.C. § 6234 — Definitions

As used in this part and part C: (1) Repealed. Pub. L. 106–469, title I, § 103(5)(A), Nov. 9, 2000, 114 Stat. 2029. (2) The term “importer” means any person who owns, at the first place of storage, any petroleum product imported into the United States. (3) Repealed. Pub. L. 106–469, title I, § 103(5)(A), Nov. 9, 2000, 114 Stat. 2029. (4) The term “interest in land” means any ownership or possessory right with respect to real property, including ownership in fee, an easement, a leasehold, and any subsurface or mineral rights. (5) The term “readily available inventories” means stocks and supplies of petroleum products which can be distributed or used without affecting the ability of the importer or refiner to operate at normal capacity; such term does not include minimum working inventories or other unavailable stocks. (6) The term “refiner” means any person who owns, operates, or controls the operation of any refinery. (7) Repealed. Pub. L. 106–469, title I, § 103(5)(A), Nov. 9, 2000, 114 Stat. 2029. (8) The term “related facility” means any necessary appurtenance to a storage facility, including pipelines, roadways, reservoirs, and salt brine lines. (9) The term “Reserve” means the Strategic Petroleum Reserve. (10) The term “storage facility” means any facility or geological formation which is capable of storing significant quantities of petroleum products. (11) The term “Strategic Petroleum Reserve” means petroleum products stored in storage facilities pursuant to this part.

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42 U.S.C. § 6234 — Strategic Petroleum Reserve

Page 6666 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6233 (Pub. L. 94–163, title I, § 152, Dec. 22, 1975, 89 Stat. 882; Pub. L. 101–383, § 6(a)(1), Sept. 15, 1990, 104 Stat. 729; Pub. L. 106–469, title I, § 103(5), Nov. 9, 2000, 114 Stat. 2029.) Editorial Notes AMENDMENTS 2000—Par. (1). Pub. L. 106–469, § 103(5)(A), struck out par. (1) which read as follows: ‘‘The term ‘Early Stor- age Reserve’ means that portion of the Strategic Petro- leum Reserve which consists of petroleum products stored pursuant to section 6235 of this title.’’ Par. (3). Pub. L. 106–469, § 103(5)(A), struck out par. (3) which read as follows: ‘‘The term ‘Industrial Petroleum Reserve’ means that portion of the Strategic Petro- leum Reserve which consists of petroleum products owned by importers or refiners and acquired, stored, or maintained pursuant to section 6236 of this title.’’ Par. (7). Pub. L. 106–469, § 103(5)(A), struck out par. (7) which read as follows: ‘‘The term ‘Regional Petroleum Reserve’ means that portion of the Strategic Petro- leum Reserve which consists of petroleum products stored pursuant to section 6237 of this title.’’ Par. (11). Pub. L. 106–469, § 103(5)(B), struck out ‘‘; such term includes the Industrial Petroleum Re- serve, the Early Storage Reserve, and the Regional Pe- troleum Reserve’’ before period at end. 1990—Pub. L. 101–383 inserted ‘‘and part C’’ after ‘‘this part’’. § 6233. Repealed. Pub. L. 106–469, title I, § 103(6), Nov. 9, 2000, 114 Stat. 2030 Section, Pub. L. 94–163, title I, § 153, Dec. 22, 1975, 89 Stat. 882; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to the Strategic Petroleum Re- serve Office. § 6234. Strategic Petroleum Reserve (a) Establishment A Strategic Petroleum Reserve for the storage of up

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42 U.S.C. § 6245 — Records and accounts

**(a) Preparation and maintenance** The Secretary may require any person to prepare and maintain such records or accounts as the Secretary, by rule, determines necessary to carry out the purposes of this part. **(b) Audit of operations of storage facility** The Secretary may audit the operations of any storage facility in which any petroleum product is stored or required to be stored pursuant to the provisions of this part. **(c) Access to and inspection of records or accounts and storage facilities** The Secretary may require access to, and the right to inspect and examine, at reasonable times, (1) any records or accounts required to be prepared or maintained pursuant to subsection (a) and (2) any storage facilities subject to audit by the United States under the authority of this part.

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42 U.S.C. § 6393 — Prohibited actions

**(a) Unreasonable classifications and differentiations** Action taken under the authorities to which this section applies, resulting in the allocation of petroleum products or electrical energy among classes of users or resulting in restrictions on use of petroleum products and electrical energy shall not be based upon unreasonable classifications of, or unreasonable differentiations between, classes of users. In making any such allocation the President, or any agency of the United States to which such authority is delegated, shall give consideration to the need to foster reciprocal and nondiscriminatory treatment by foreign countries of United States citizens engaged in commerce in those countries. **(b) Unreasonably disproportionate share of burdens between segments of business community** To the maximum extent practicable, any restriction under authorities to which this section applies on the use of energy shall be designed to be carried out in such manner so as to be fair and to create a reasonable distribution of the burden of such restriction on all sectors of the economy, without imposing an unreasonably disproportionate share of such burden on any specific class of industry, business, or commercial enterprise, or on any individual segment thereof. In prescribing any such restriction, due consideration shall be given to the needs of commercial, retail, and service establishments whose normal function is to supply goods or services of an essential convenience nature during times of day other than conventional daytime working hours. **(c) Authorities to which section applies** This section applies to actions under any of the following authorities: (1) titles I and II of this Act (other than any provision of such titles which amends another law). (2) this title

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42 U.S.C. § 6393 — Administrative procedure and judicial re-

Page 6825 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6393 1 See References in Text note below. 1 See References in Text note below. 2 So in original. The closing parenthesis probably should follow ‘‘another law’’. 3 So in original. Probably should be ‘‘amends’’. PART B—GENERAL PROVISIONS § 6391. Prohibited actions (a) Unreasonable classifications and differentia- tions Action taken under the authorities to which this section applies, resulting in the allocation of petroleum products or electrical energy among classes of users or resulting in restric- tions on use of petroleum products and elec- trical energy shall not be based upon unreason- able classifications of, or unreasonable differen- tiations between, classes of users. In making any such allocation the President, or any agen- cy of the United States to which such authority is delegated, shall give consideration to the need to foster reciprocal and nondiscriminatory treatment by foreign countries of United States citizens engaged in commerce in those coun- tries. (b) Unreasonably disproportionate share of bur- dens between segments of business commu- nity To the maximum extent practicable, any re- striction under authorities to which this section applies on the use of energy shall be designed to be carried out in such manner so as to be fair and to create a reasonable distribution of the burden of such restriction on all sectors of the economy, without imposing an unreasonably disproportionate share of such burden on any specific class of industry, business, or commer- cial enterprise, or on any individual segment thereof. In prescribing any such restriction, due consideration shall be given to the needs of com- mercial, retail, and service establishments whose normal function is

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7191 — Federal Energy Regulatory Commission fees and annual charges

**(a) In general** (1) Except as provided in paragraph (2) and beginning in fiscal year 1987 and in each fiscal year thereafter, the Federal Energy Regulatory Commission shall, using the provisions of this section and authority provided by other laws, assess and collect fees and annual charges in any fiscal year in amounts equal to all of the costs incurred by the Commission in that fiscal year. (2) The provisions of this section shall not affect the authority, requirements, exceptions, or limitations in sections 803(e) and 823a(e) of title 16. **(b) Basis for assessments** The fees or annual charges assessed shall be computed on the basis of methods that the Commission determines, by rule, to be fair and equitable. **(c) Estimates** The Commission may assess fees and charges under this section by making estimates based on data available to the Commission at the time of assessment. **(d) Time of payment** The Commission shall provide that the fees and charges assessed under this section shall be paid by the end of the fiscal year for which they were assessed. **(e) Adjustments** The Commission shall, after the completion of a fiscal year, make such adjustments in the assessments for such fiscal year as may be necessary to eliminate any overrecovery or underrecovery of its total costs, and any overcharging or undercharging of any person. **(f) Use of funds** All moneys received under this section shall be credited to the general fund of the Treasury. **(g) Waiver** The Commission may waive all or part of any fee or annual charge assessed under this section for good cause shown.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7191

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 7191. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7191 — Procedures for issuance of rules, regula-

Page 7077 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7191 § 7176. Reorganization For the purposes of chapter 9 of title 5 the Commission shall be deemed to be an inde- pendent regulatory agency. (Pub. L. 95–91, title IV, § 406, Aug. 4, 1977, 91 Stat. 586.) § 7177. Access to information (a) The Secretary, each officer of the Depart- ment, and each Federal agency shall provide to the Commission, upon request, such existing in- formation in the possession of the Department or other Federal agency as the Commission de- termines is necessary to carry out its respon- sibilities under this chapter. (b) The Secretary, in formulating the informa- tion to be requested in the reports or investiga- tions under section 825c and section 825j of title 16 and section 717i and section 717j of title 15 shall include in such reports and investigations such specific information as requested by the Federal Energy Regulatory Commission and copies of all reports, information, results of in- vestigations and data under said sections shall be furnished by the Secretary to the Federal En- ergy Regulatory Commission. (Pub. L. 95–91, title IV, § 407, Aug. 4, 1977, 91 Stat. 587.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Orga- nization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. § 7178. Federal Energy Regulatory Commission fees and annual charges (a) In general (1) Except as provided in paragraph (2) and be- ginning in fiscal year 1987 and in each fiscal year thereafter, the Federal Ene

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7191

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7191. This identifies an authority to review, not proof of applicability.