§ 6245. Annual report

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Energy Policy and Conservation Act

   Pub. L. 94–163 title I § 165 · 89 Stat. 871

   Enacted · 42 U.S.C. § 6245

   Pub. L. 94–163, title I, § 165, Dec. 22, 1975, 89 Stat. 889

   Source evidence

   Code source credit
   Pub. L. 94–163, title I, § 165, Dec. 22, 1975, 89 Stat. 889

   Enacted provision · exact public law section
   Sec. 165. annual reports The Administrator shall report to the President and the Report to Congress and President. 42 USC 6245. 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 Administrator to implement the provisions of this part.

2. 1978

   Pub. L. 95–619 title VI § 691(b)(2) · 92 Stat. 3206

   Substituted · 42 U.S.C. § 6245

   Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.

   Enacted provision · exact public law section
   (2) Such Act is amended by striking out “Administrator” and “Administrator’s” each place they appear (unless the context indicates a reference other than to the Administrator of the Federal Energy Administration) and inserting in lieu thereof “Secretary” or “Secretary’s”, respectively.

3. 1981

   Strategic Petroleum Reserve Amendments Act of 1981

   Pub. L. 97–35 title X § 1035(a) · 95 Stat. 357

   1. Amended · 42 U.S.C. § 6245

      Pub. L. 97–35 designated existing provisions as subsec. (a)

   2. Added · 42 U.S.C. § 6245

      Pub. L. 97–35 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 97–35 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (a) Section 166 of the Energy Policy and Conservation Act (42 U.S.C. 6245) is amended by inserting “(a)” before “The Secretary” and by adding at the end thereof the following new subsection: “(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 Secretary 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 previous 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 Reserve 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.”.

   Effective date note
   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.

4. 1986

   Omnibus Budget Reconciliation Act of 1986

   Pub. L. 99–509 title III § 3203 · 100 Stat. 1874

   1. Amended · 42 U.S.C. § 6245(a)(1)

      Pub. L. 99–509 amended par. (1) generally

   2. Inserted · 42 U.S.C. § 6245(a)(1)

      Pub. L. 99–509 inserting “, including” in introductory text

   3. Added · 42 U.S.C. § 6245(a)(1)

      Pub. L. 99–509 adding subpars. (A) to (G)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 99–509 amended par. (1) generally, inserting “, including” in introductory text and adding subpars. (A) to (G).

   Enacted provision · exact public law section
   SEC. 3203. INFORMATION TO BE CONTAINED IN ANNUAL REPORT ON SPR. Section 165(a) of the Energy Policy and Conservation Act (42 U.S.C. 6245(a)) is amended by striking out paragraph (1) and inserting in lieu thereof the following: “(1) a detailed statement of the status of the Strategic Petroleum Reserve, including— “(A) an estimate of the final capacity of the Reserve and the scheduled annual fill rate for achieving such capacity; “(B) the scheduled quarterly fill rate for the 12-month period beginning on the date on which such report is transmitted; “(C) the type and quality of crude oil to be acquired for the Reserve pursuant to the schedule described in subparagraph (A); “(D) the schedule of construction of any facilities needed to achieve the final capacity of the Reserve, including a description of the type and location of such facilities and of enhancements and improvements to existing facilities; “(E) an estimate of the cost of acquiring crude oil and constructing facilities necessary to complete the Reserve; “(F) a description of the current distribution plan for using the Reserve, including the method of drawdown and distribution to be utilized; and “(G) an explanation of any changes made in the matters described in subparagraphs (A) through (F) since the transmittal of the previous report under this subsection;”.

5. 1995

   Federal Reports Elimination and Sunset Act of 1995

   Pub. L. 104–66 title I § 1051(j) · 109 Stat. 707

   1. Struck · 42 U.S.C. § 6245

      Pub. L. 104–66 struck out subsec. (a) designation before “The Secretary shall”

   2. Struck · 42 U.S.C. § 6245

      Pub. L. 104–66 struck out subsec. (b) which directed Secretary to report to Congress on activities undertaken with respect to Strategic Petroleum Reserve under the amendments made by Strategic Petroleum Reserve Amendments Act of 1981

   Source evidence

   Code amendment note
   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 Petroleum Reserve under the amendments made by Strategic Petroleum Reserve Amendments Act of 1981.

   Enacted provision · exact public law section
   (j) Quarterly Report on Strategic Petroleum Reserves.— Section 165 of the Energy Policy and Conservation Act (42 U.S.C. 6245) is amended— (1) by striking subsection (b); and (2) by striking “(a)”.

6. 2000

   Energy Policy and Conservation Act Amendments of 2000

   Pub. L. 106–469 title I § 103(17) · 114 Stat. 2029

   Amended · 42 U.S.C. § 6245

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 103. AMENDMENT TO TITLE I OF THE ENERGY POLICY AND CONSERVATION ACT. Title I of the Energy Policy and Conservation Act (42 U.S.C. 6211-6251) is amended— (1) by striking section 102 (42 U.S.C. 6211) and its heading; (2) by striking section 104(b)(1); (3) by striking section 106 (42 U.S.C. 6214) and its heading; (4) by amending section 151(b) (42 U.S.C. 6231) to read as follows: “(b) It is the policy of the United States to provide for the creation of a Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products to reduce the impact of disruptions in supplies of petroleum products, to carry out obligations of the United States under the international energy program, and for other purposes as provided for in this Act.”; (5) in section 152 (42 U.S.C. 6232)— (A) by striking paragraphs (1), (3), and (7); and (B) in paragraph (11) by striking “; such term includes the Industrial Petroleum Reserve, the Early Storage Reserve, and the Regional Petroleum Reserve”. (6) by striking section 153 (42 U.S.C. 6233) and its heading; (7) in section 154 (42 U.S.C. 6234)— (A) by amending subsection (a) to read as follows: “(a) A Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products shall be created pursuant to this part.”; (B) by amending subsection (b) to read as follows: “(b) The Secretary, in accordance with this part, shall exercise authority over the development, operation, and maintenance of the Reserve.”; and (C) by striking subsections (c), (d), and (e); (8) by striking section 155 (42 U.S.C. 6235) and its heading; (9) by striking section 156 (42 U.S.C. 6236) and its heading; (10) by striking section 157 (42 U.S.C. 6237) and its heading; (11) by striking section 158 (42 U.S.C. 6238) and its heading; (12) by amending the heading for section 159 (42 U.S.C. 6239) to read, “Development, Operation, and Maintenance of the Reserve"; (13) in section 159 (42 U.S.C. 6239)— (A) by striking subsections (a), (b), (c), (d), and (e); (B) by amending subsection (f) to read as follows: “(f) In order to develop, operate, or maintain the Strategic Petroleum Reserve, the Secretary may— “(1) issue rules, regulations, or orders; “(2) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities; “(3) construct, purchase, lease, or otherwise acquire storage and related facilities; “(4) use, lease, maintain, sell or otherwise dispose of land or interests in land, or of storage and related facilities acquired under this part, under such terms and conditions as the Secretary considers necessary or appropriate; “(5) acquire, subject to the provisions of section 160, by purchase, exchange, or otherwise, petroleum products for storage in the Strategic Petroleum Reserve; “(6) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if those facilities are subject to audit by the United States; “(7) execute any contracts necessary to develop, operate, or maintain the Strategic Petroleum Reserve; “(8) bring an action, when the Secretary considers it necessary, in any court having jurisdiction over the proceedings, to acquire by condemnation any real or personal property, including facilities, temporary use of facilities, or other interests in land, together with any personal property located on or used with the land.”; and (C) in subsection (g)— (i) by striking “implementation” and inserting “development”; and (ii) by striking “Plan”; (D) by striking subsections (h) and (i); (E) by amending subsection (j) to read as follows: “(j) If the Secretary determines expansion beyond 700,000,000 barrels of petroleum product inventory is appropriate, the Secretary shall submit a plan for expansion to the Congress.”; and (F) by amending subsection (l) to read as follows: “(l) During a drawdown and sale of Strategic Petroleum Reserve petroleum products, the Secretary may issue implementing rules, regulations, or orders in accordance with section 553 of title 5, United States Code, without regard to rulemaking requirements in section 523 of this Act, and section 501 of the Department of Energy Organization Act (42 U.S.C. 7191).”; (14) in section 160 (42 U.S.C. 6240)— (A) in subsection (a), by striking all before the dash and inserting the following— “(a) The Secretary may acquire, place in storage, transport, or exchange”; (B) in subsection (a)(1) by striking all after “Federal lands”; (C) in subsection (b), by striking “, including the Early Storage Reserve and the Regional Petroleum Reserve” and by striking paragraph (2); and (D) by striking subsections (c), (d), (e), and (g); (15) in section 161 (42 U.S.C. 6241)— (A) by striking “Distribution of the Reserve” in the title of this section and inserting “Sale of Petroleum Products”; (B) in subsection (a), by striking “drawdown and distribute” and inserting “drawdown and sell petroleum products in”; (C) by striking subsections (b), (c), and (f); (D) by amending subsection (d)(1) to read as follows: “(d) (1) Drawdown and sale of petroleum products from the Strategic Petroleum Reserve may not be made unless the President has found drawdown and sale are required by a severe energy supply interruption or by obligations of the United States under the international energy program”; (E) by amending subsection (e) to read as follows: “(e) (1) The Secretary shall sell petroleum products withdrawn from the Strategic Petroleum Reserve at public sale to the highest qualified bidder in the amounts, for the period, and after a notice of sale considered appropriate by the Secretary, and without regard to Federal, State, or local regulations controlling sales of petroleum products. “(2) The Secretary may cancel in whole or in part any offer to sell petroleum products as part of any drawdown and sale under this section.”; and (F) in subsection (g)— (i) by amending paragraph (1) to read as follows: “(g) (1) The Secretary shall conduct a continuing evaluation of the drawdown and sales procedures. In the conduct of an evaluation, the Secretary is authorized to carry out a test drawdown and sale or exchange of petroleum products from the Reserve. Such a test drawdown and sale or exchange may not exceed 5,000,000 barrels of petroleum products.”; (ii) by striking paragraph (2); (iii) in paragraph. (4), by striking “90” and inserting “95”; (iv) in paragraph (5), by striking “drawdown and distribution” and inserting “test”; (v) by amending paragraph (6) to read as follows: “(6) In the case of a sale of any petroleum products under this subsection, the Secretary shall, to the extent funds are available in the SPR Petroleum Account as a result of such sale, acquire petroleum products for the Reserve within the 12-month period beginning after completion of the sale.”; and (vi) in paragraph (8), by striking “drawdown and distribution” and inserting “test”; (G) in subsection (h)— (i) in paragraph (1) by striking “distribute” and inserting “sell petroleum products from”; (ii) by striking “and” at the end of paragraph (1)(A) and by striking “shortage,” at the end of paragraph (1)(B) and inserting “shortage; and “(C) the Secretary of Defense has found that action taken under this subsection will not impair national security,”; (iii) in paragraph (2) by striking “In no case may the Reserve” and inserting “Petroleum products from the Reserve may not”; and (iv) in paragraph (3) by striking “distribution” each time it appears and inserting “sale”; (16) by striking section 164 (42 U.S.C. 6244) and its heading; (17) by amending section 165 (42 U.S.C. 6245) and its heading to read as follows: “Sec. 165. “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 petroleum products in the Reserve; “(2) an estimate of the schedule and cost to complete planned equipment upgrade or capital investment in the Reserve, including upgrades and investments carried out as part of operational maintenance or extension of life activities; “(3) an identification of any life-limiting conditions or operational problems at any Reserve facility, and proposed remedial actions including an estimate of the schedule ana 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 limitations on those rates and capabilities; “(5) a listing of petroleum product acquisitions 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 develop, operate, and maintain the Reserve; “(7) a summary of the financial status and financial transactions of the Strategic Petroleum Reserve and Strategic Petroleum Reserve Petroleum Accounts for the year; “(8) a summary of expenses for the year, and the number of Federal and contractor employees; “(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 agreements and their implementation status; “(11) any recommendations for supplemental legislation or policy or operational changes the Secretary considers necessary or appropriate to implement this part.”; (18) in section 166 (42 U.S.C. 6246) by striking “for fiscal year 1997.”; (19) in section 167 (42 U.S.C. 6247)— (A) in subsection (b)— (i) by striking “and the drawdown” and inserting “for test sales of petroleum products from the Reserve, and for the drawdown, sale,”; (ii) by striking paragraph (1); and (iii) in paragraph (2), by striking “after fiscal year 1982”; and (B) by striking subsection (e); (20) in section 171 (42 U.S.C. 6249)— (A) by amending subsection (b)(2)(B) to read as follows: “(B) the Secretary notifies each House of the Congress of the determination and identifies in the notification the location, type, and ownership of storage and related facilities proposed to be included, or the volume, type, and ownership of petroleum products proposed to be stored, in the Reserve, and an estimate of the proposed benefits.”; (B) in subsection (b)(3), by striking “distribution of” and inserting “sale of petroleum products from”; (21) in section 172 (42 U.S.C. 6249a), by striking subsections (a) and (b); (22) by striking section 173 (42 U.S.C. 6249b) and its heading; and (23) in section 181 (42 U.S.C. 6251), by striking “March 31, 2000” each time it appears and inserting “September 30, 2003”.

10 of 10 references resolved to an enrolled provision