42 U.S.C. § 6247 — SPR Petroleum Account

Page 6678 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6247 Pub. L. 106–64, § 1(1), Oct. 5, 1999, 113 Stat. 511; Pub. L. 106–469, title I, § 103(18), Nov. 9, 2000, 114 Stat. 2033; Pub. L. 108–7, div. F, title III, § 339(a)(1), Feb. 20, 2003, 117 Stat. 278, authorized appropriations for this part, prior to repeal by Pub. L. 109–58, title III, § 301(a)(1), Aug. 8, 2005, 119 Stat. 683. § 6247. SPR Petroleum Account (a) Establishment 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) Obligation of funds for acquisition, transpor- tation, and injection of petroleum products into SPR Amounts in the Account may be obligated by the Secretary of Energy for the acquisition, transportation, and injection of petroleum prod- ucts into the Strategic Petroleum Reserve, for test sales of petroleum products from the Re- serve, and for the drawdown, sale, and delivery of petroleum products from the Reserve— (1) Repealed. Pub. L. 106–469, title I, § 103(19)(A)(ii), Nov. 9, 2000, 114 Stat. 2033; (2) in the case of any fiscal year, subject to section 7270 of this title, in such aggregate amounts as may be appropriated in advance in appropriation Acts; and (3) in the case of any fiscal year, notwith- standing section 7270 of this title, in an aggre- gate 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 Re- serve under section 6241 of this title, including a drawdown and distribution carried out under subsection (g) of such section, or from the sale of petroleum products under section 6240(f) of this title. Funds available to the Secretary of Energy for obligation under this subsection may remain available without fiscal year limitation. (c) Provision and deposit of funds The Secretary of the Treasury shall provide and deposit into the Account such sums as may be necessary to meet obligations of the Sec- retary of Energy under subsection (b). (d) Off-budgeting procedures The Account, the deposits and withdrawals from the Account, and the transactions, re- ceipts, obligations, outlays associated with such deposits and withdrawals (including petroleum product purchases and related transactions), and receipts to the United States from the sale of petroleum products in any drawdown and dis- tribution of the Strategic Petroleum Reserve under section 6241 of this title, including a draw- down and distribution carried out under sub- section (g) of such section, and from the sale of petroleum products under section 6240(f) of this title— (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 author- ity, spending authority, budget outlays, or Federal revenues for purposes of title III of Public Law 93–344, as amended [2 U.S.C. 631 et seq.]. (Pub. L. 94–163, title I, § 167, as added Pub. L. 97–35, title X, § 1034(a)(1), Aug. 13, 1981, 95 Stat. 619; amended Pub. L. 97–229, § 4(b)(2)(A), Aug. 3, 1982, 96 Stat. 251; Pub. L. 99–58, title I, § 103(b)(3), (4), July 2, 1985, 99 Stat. 104; Pub. L. 101–383, § 5(b)(1), (2), Sept. 15, 1990, 104 Stat. 729; Pub. L. 102–486, title XIV, § 1404(b)(1), Oct. 24, 1992, 106 Stat. 2995; Pub. L. 106–469, title I, § 103(19), Nov. 9, 2000, 114 Stat. 2033.) Editorial Notes REFERENCES IN TEXT Public Law 93–344, as amended, referred to in subsec. (d)(2), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congressional Budget and Impoundment Control Act of 1974. Title III of that Act is classified generally to subchapter I (§ 631 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables. AMENDMENTS 2000—Subsec. (b). Pub. L. 106–469, § 103(19)(A)(i), sub- stituted ‘‘for test sales of petroleum products from the Reserve, and for the drawdown, sale,’’ for ‘‘and the drawdown’’ in introductory provisions. Subsec. (b)(1). Pub. L. 106–469, § 103(19)(A)(ii), struck out par. (1) which read as follows: ‘‘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 appro- priation Acts;’’. Subsec. (b)(2). Pub. L. 106–469, § 103(19)(A)(iii), struck out ‘‘after fiscal year 1982’’ after ‘‘any fiscal year’’. Subsec. (e). Pub. L. 106–469, § 103(19)(B), struck out subsec. (e) which read as follows: ‘‘(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 stor- age 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-per- cent limit under the preceding sentence for that fiscal year, then the amount of the 10-percent limit applica- ble in the following fiscal year shall be increased by the amount by which the limit exceeded the amount obli- gated for such expenses.’’ 1992—Subsec. (d). Pub. L. 102–486 substituted ‘‘under subsection (g)’’ for ‘‘subsection (g)’’. 1990—Subsec. (b)(3). Pub. L. 101–383, § 5(b)(1), inserted before period at end ‘‘, or from the sale of petroleum products under section 6240(f) of this title’’. Subsec. (d). Pub. L. 101–383, § 5(b)(2), inserted ‘‘, and from the sale of petroleum products under section 6240(f) of this title’’ after ‘‘subsection (g) of such sec- tion’’. 1985—Subsec. (b)(3). Pub. L. 99–58, § 103(b)(3), inserted ‘‘, including a drawdown and distribution carried out under subsection (g) of such section’’ after ‘‘section 6241 of this title’’. Subsec. (d). Pub. L. 99–58, § 103(b)(4), inserted ‘‘, including a drawdown and distribution carried out subsection (g) of such section’’ after ‘‘section 6241 of this title’’ in provisions preceding par. (1). 1982—Subsec. (e). Pub. L. 97–229 added subsec. (e). Page 6679 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6249 1 So in original. Probably should be ‘‘products’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 6240 of this title. TRANSFER OF FUNDS TO SPR PETROLEUM ACCOUNT FOR DRAWDOWN AND SALE OPERATIONS Pub. L. 106–113, div. B, § 1000(a)(3) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A–180, provided in part: ‘‘That the Secretary of Energy hereafter may transfer to the SPR Petroleum Account such funds as may be nec- essary to carry out drawdown and sale operations of the Strategic Petroleum Reserve initiated under sec- tion 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) from any funds available to the Depart- ment of Energy under this or any other Act: Provided further, That all funds transferred pursuant to this au- thority must be replenished as promptly as possible from oil sale receipts pursuant to the drawdown and sale.’’ ACQUISITION, TRANSPORTATION, AND INJECTION OF PE- TROLEUM PRODUCTS FOR SPR; APPLICABILITY OF SUBSEC. (d) Pub. L. 97–35, title X, § 1034(c), Aug. 13, 1981, 95 Stat. 620, provided that: ‘‘The provisions of section 167(d) of such Act, as added by subsection (a) of this section [subsec. (d) of this section], shall apply with respect to the outlays associated with unexpended balances of ap- propriations made available and obligated as of the end of fiscal year 1981 for the acquisition, transportation, and injection of petroleum products for the Strategic Petroleum Reserve to the same extent and manner as such provisions apply with respect to withdrawals from the SPR Petroleum Account.’’ § 6247a. Use of underutilized facilities (a) Authority Notwithstanding any other provision of this subchapter, the Secretary, by lease or other- wise, for any term and under such other condi- tions as the Secretary considers necessary or ap- propriate, may store in underutilized Strategic Petroleum Reserve facilities petroleum product 1 owned by a foreign government or its represent- ative. Petroleum products stored under this sec- tion are not part of the Strategic Petroleum Re- serve and may be exported without license from the United States. (b) Protection of facilities All agreements entered into pursuant to sub- section (a) shall contain provisions providing for fees to fully compensate the United States for all related costs of storage and removals of pe- troleum products (including the proportionate cost of replacement facilities necessitated as a result of any withdrawals) incurred by the United States on behalf of the foreign govern- ment or its representative. (c) Access to stored oil The Secretary shall ensure that agreements to store petroleum products for foreign govern- ments or their representatives do not impair the ability of the United States to withdraw, dis- tribute, or sell petroleum products from the Strategic Petroleum Reserve in response to an energy emergency or to the obligations of the United States under the Agreement on an Inter- national Energy Program. (d) Availability of funds Funds collected through the leasing of Stra- tegic Petroleum Reserve facilities authorized by subsection (a) after September 30, 2007, shall be used by the Secretary of Energy without further appropriation for the purchase of petroleum products for the Strategic Petroleum Reserve. (Pub. L. 94–163, title I, § 168, as added Pub. L. 105–33, title IX, § 9303(a), Aug. 5, 1997, 111 Stat. 676.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title I of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 875, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables. § 6247b. Purchase of oil from marginal wells (a) In general From amounts authorized under section 6246 of this title, in any case in which the price of oil decreases to an amount less than $15.00 per bar- rel (an amount equal to the annual average well head price per barrel for all domestic crude oil), adjusted for inflation, the Secretary may pur- chase oil from a marginal well at $15.00 per bar- rel, adjusted for inflation. (b) Definition of marginal well The term ‘‘marginal well’’ has the same mean- ing as the definition of ‘‘stripper well property’’ in section 613A(c)(6)(E) of title 26. (Pub. L. 94–163, title I, § 169, as added Pub. L. 106–469, title III, § 301(a), Nov. 9, 2000, 114 Stat. 2037.) PART C—AUTHORITY TO CONTRACT FOR PETRO- LEUM PRODUCT NOT OWNED BY UNITED STATES Editorial Notes PRIOR PROVISIONS A prior part C, consisting of section 6251 of this title, was redesignated part E of this subchapter, prior to re- peal by Pub. L. 109–58. § 6249. Contracting for petroleum product and fa- cilities (a) In general Subject to the other provisions of this part, the Secretary may contract— (1) for storage, in otherwise unused Strategic Petroleum Reserve facilities, of petroleum product not owned by the United States; and (2) for storage, in storage facilities other than those of the Reserve, of petroleum prod- uct either owned or not owned by the United States. (b) Conditions (1) Petroleum product stored pursuant to such a contract shall, until the expiration, termi- nation, or other conclusion of the contract, be a part of the Reserve and subject to the Sec- retary’s authority under part B. (2) The Secretary may enter into a contract for storage of petroleum product under sub- section (a) only if—