dreamproit/uscode huggingface dataset:
15 U.S.C. § 3362 (COMMERCE AND TRADE)
§ 3362. Emergency purchase authority
(a) Presidential authorization
During any natural gas supply emergency declared under section 3361 of this title, the President may, by rule or order, authorize any interstate pipeline or local distribution company served by any interstate pipeline to contract, upon such terms and conditions as the President determines to be appropriate (including provisions respecting fair and equitable prices), for the purchase of emergency supplies of natural gas—
(1) from any producer of natural gas (other than a producer who is affiliated with the purchaser, as determined by the President) if—
(A) such natural gas is not produced from the Outer Continental Shelf; and
(B) the sale or transportation of such natural gas was not pursuant to a certificate issued under the Natural Gas Act [15 U.S.C. 717 et seq.] immediately before the date on which such contract was entered into; or
(2) from any intrastate pipeline, local distribution company, or other person (other than an interstate pipeline or a producer of natural gas).
(b) Contract duration
The duration of any contract authorized under subsection (a) may not exceed 4 months. The preceding sentence shall not prohibit the President from authorizing under subsection (a) a renewal of any contract, previously authorized under such subsection, following the expiration of such contract.
(c) Related transportation and facilities
The President may, by order, require any pipeline to transport natural gas, and to construct and operate such facilities for the transportation of natural gas, as he determines necessary to carry out any contract authorized under subsection (a). The costs of any construction or transportation ordered under this subsection shall be paid by the purchaser of natural gas under the contract with respect to which such order is issued. No order to transport natural gas under this subsection shall require any pipeline to transport natural gas in excess of such pipeline’s available capacity.
(d) Maintenance of adequate records
The Commission shall require any interstate pipeline or local distribution company contracting under the authority of this section for natural gas to maintain and make available full and adequate records concerning transactions under this section, including records of the volumes of natural gas purchased under the authority of this section and the rates and charges for purchase and receipt of such natural gas.
(e) Special limitation
No sale under any emergency purchase contract under this section for emergency supplies of natural gas for sale and delivery from any intrastate pipeline which is operating under court supervision as of January 1, 1977, may take effect unless the court approves.
(Pub. L. 95–621, title III, § 302, Nov. 9, 1978, 92 Stat. 3382.)
heading: References in Text
text: The Natural Gas Act, referred to in subsec. (a)(1)(B), is act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this act to the Code, see section 717w of this title and Tables.
15 U.S.C. § 3372 (COMMERCE AND TRADE)
§ 3372. Assignment of contractual rights to receive surplus natural gas
(a) Authorization of assignments
The Commission may, by rule or order, authorize any intrastate pipeline to assign, without compensation, to any interstate pipeline or local distribution company all or any portion of such intrastate pipeline’s right to receive surplus natural gas at any first sale, upon such terms and conditions as the Commission determines appropriate.
(b) Effect of authorization under subsection (a)
For the effect of an authorization under subsection (a), see section 3431 of this title (relating to the coordination of this chapter with the Natural Gas Act [15 U.S.C. 717 et seq.]).
(c) Surplus natural gas
For purposes of this section, the term “surplus natural gas” means any natural gas which is determined, by the State agency having regulatory jurisdiction over the intrastate pipeline which would be entitled to receive such natural gas in the absence of any assignment to exceed the then current demands on such pipeline for natural gas.
(Pub. L. 95–621, title III, § 312, Nov. 9, 1978, 92 Stat. 3392; Pub. L. 101–60, § 3(b)(2), July 26, 1989, 103 Stat. 158.)
heading: References in Text
text: The Natural Gas Act, referred to in subsec. (b), is act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this act to the Code, see section 717w of this title and Tables.
heading: Amendments
text: 1989—Subsec. (c). Pub. L. 101–60 substituted “any natural gas” for “any natural gas—
“(1) which is not committed or dedicated to interstate commerce on November 8, 1978;
“(2) the first sale of which is subject to a maximum lawful price established under subchapter I of this chapter; and
“(3)”.
heading: Effective Date of 1989 Amendment
text: Section 3(b) of Pub. L. 101–60 provided in part that the amendment by section 3(b)(2) of Pub. L. 101–60 is effective Jan. 1, 1993.
15 U.S.C. § 3374 (COMMERCE AND TRADE)
§ 3374. Clauses prohibiting certain sales, transportation, and commingling
(a) General rule
Any provision of any contract for the first sale of natural gas is hereby declared against public policy and unenforceable with respect to any natural gas covered by this chapter if such provision—
(1) prohibits the commingling of natural gas subject to such contract with natural gas subject to the jurisdiction of the Commission under the provisions of the Natural Gas Act [15 U.S.C. 717 et seq.];
(2) prohibits the sale of any natural gas subject to such contract to, or transportation of any such natural gas by, any person subject to the jurisdiction of the Commission under the Natural Gas Act [15 U.S.C. 717 et seq.], or otherwise prohibits the sale or transportation in interstate commerce (within the meaning of the Natural Gas Act) of natural gas subject to such contract; or
(3) terminates, or grants any party the option to terminate, any obligation under any such contract as a result of such commingling, sale, or transportation.
(b) Natural gas covered by this chapter
For purposes of subsection (a), the term “natural gas covered by this chapter” means—
(1) natural gas which is not committed or dedicated to interstate commerce as of November 8, 1978;
(2) natural gas, the sale in interstate commerce of which—
(A) is authorized under section 3362(a) or 3371(b) of this title; or
(B) is pursuant to an assignment under section 3372(a) of this title; and,
(3) natural gas, the transportation in interstate commerce of which is—
(A) pursuant to any order under section 3362(c) or section 3363(b), (c), (d), or (h) of this title; or
(B) authorized by the Commission under section 3371(a) of this title.
(Pub. L. 95–621, title III, § 314, Nov. 9, 1978, 92 Stat. 3392.)
heading: References in Text
text: The Natural Gas Act, referred to in subsec. (a)(1), (2), is act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this act to the Code, see section 717w of this title and Tables.
15 U.S.C. § 3391 (COMMERCE AND TRADE)
§ 3391. Natural gas for essential agricultural uses
(a) General rule
Not later than 120 days after November 9, 1978, the Secretary of Energy shall prescribe and make effective a rule, which may be amended from time to time, which provides that, notwithstanding any other provision of law (other than subsection (b)) and to the maximum extent practicable, no curtailment plan of an interstate pipeline may provide for curtailment of deliveries of natural gas for any essential agricultural use, unless such curtailment—
(1) does not reduce the quantity of natural gas delivered for such use below the use requirement specified in subsection (c); or
(2) is necessary in order to meet the requirements of high-priority users.
(b) Curtailment priority not applicable if alternative fuel available
If the Commission, in consultation with the Secretary of Agriculture, determines, by rule or order, that use of a fuel (other than natural gas) is economically practicable and that the fuel is reasonably available as an alternative for any agricultural use of natural gas, the provisions of subsection (a) shall not apply with respect to any curtailment of deliveries for such use.
(c) Determination of essential agricultural use requirements
The Secretary of Agriculture shall certify to the Secretary of Energy and the Commission the natural gas requirements (expressed either as volumes or percentages of use) of persons (or classes thereof) for essential agricultural uses in order to meet the requirements of full food and fiber production.
(d) Authority of Secretary of Agriculture to intervene
The Secretary of Agriculture may intervene as a matter of right in any proceeding before the Commission which is conducted in connection with implementing the requirements of the rule prescribed under subsection (a).
(e) Limitation
The Secretary of Agriculture may not exercise any authority under this section for the purpose of restricting the production of any crop.
(f) Definitions
For purposes of this section—
(1) Essential agricultural use
The term “essential agricultural use”, when used with respect to natural gas, means any use of natural gas—
(A) for agricultural production, natural fiber production, natural fiber processing, food processing, food quality maintenance, irrigation pumping, crop drying, or
(B) as a process fuel or feedstock in the production of fertilizer, agricultural chemicals, animal feed, or food,
which the Secretary of Agriculture determines is necessary for full food and fiber production.
(2) High-priority user
The term “high-priority user” means any person who—
(A) uses natural gas in a residence;
(B) uses natural gas in a commercial establishment in amounts of less than 50 Mcf on a peak day;
(C) uses natural gas in any school, hospital, or similar institution; or
(D) uses natural gas in any other use the curtailment of which the Secretary of Energy determines would endanger life, health, or maintenance of physical property.
(Pub. L. 95–621, title IV, § 401, Nov. 9, 1978, 92 Stat. 3394.)
15 U.S.C. § 3392 (COMMERCE AND TRADE)
§ 3392. Natural gas for essential industrial process and feedstock uses
(a) General rule
The Secretary of Energy shall prescribe and make effective a rule which provides that, notwithstanding any other provision of law (other than subsection (b)) and to the maximum extent practicable, no interstate pipeline may curtail deliveries of natural gas for any essential industrial process or feedstock use, unless such curtailment—
(1) does not reduce the quantity of natural gas delivered for such use below the use requirement specified in subsection (c);
(2) is necessary in order to meet the requirements of high-priority users; or
(3) is necessary in order to meet the requirements for essential agricultural uses of natural gas for which curtailment priority is established under section 3391 of this title.
(b) Curtailment priority applicable only if alternative fuel not available
The provisions of subsection (a) shall apply with respect to any curtailment of deliveries for any essential industrial process or feedstock use only if the Commission determines that use of a fuel (other than natural gas) is not economically practicable and that no fuel is reasonably available as an alternative for such use.
(c) Determination of essential industrial use requirements
The Secretary of Energy shall determine and certify to the Commission the natural gas requirements (expressed either as volumes or percentages of use) of persons (or classes thereof) for essential industrial process and feedstock uses (other than those referred to in section 3391(f)(1)(B) of this title).
(d) Definitions
For purposes of this section—
(1) Essential industrial process or feedstock use
The term “essential industrial process or feedstock use” means any use of natural gas in an industrial process or as a feedstock which the Secretary determines is essential.
(2) High-priority user
The term “high-priority user” has the same meaning as given such term in section 3391(f)(2) of this title.
(Pub. L. 95–621, title IV, § 402, Nov. 9, 1978, 92 Stat. 3395.)
15 U.S.C. § 3394 (COMMERCE AND TRADE)
§ 3394. Limitation on revoking or amending certain pre-1969 certificates of public convenience and necessity
(a) General rule
The Commission may not, during the 10-year period beginning on November 9, 1978, revoke or amend any certificate of public convenience and necessity issued before January 1, 1969, under section 7 of the Natural Gas Act [15 U.S.C. 717f] for the transportation of natural gas owned by any electric utility except upon the application of the person to whom such certificate was issued.
(b) Commission curtailment authority
The limitation under subsection (a) shall not affect the authority of the Commission to enforce any curtailment of deliveries of natural gas under the Natural Gas Act [15 U.S.C. 717 et seq.].
(Pub. L. 95–621, title IV, § 404, Nov. 9, 1978, 92 Stat. 3396.)
heading: References in Text
text: The Natural Gas Act, referred to in subsec. (b), is act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this act to the Code, see section 717w of this title and Tables.
15 U.S.C. § 3412 (COMMERCE AND TRADE)
§ 3412. Administrative procedure
(a) Administrative Procedure Act
Subject to subsection (b), the provisions of subchapter II of chapter 5 of title 5 shall apply to any rule or order issued under this chapter having the applicability and effect of a rule as defined in section 551(4) of title 5; except that sections 554, 556, and 557 of such title 5 shall not apply to any order under such section 3361, 3362, or 3363 of this title.
(b) Opportunity for oral presentations
To the maximum extent practicable, an opportunity for oral presentation of data, views, and arguments shall be afforded with respect to any proposed rule or order described in subsection (a) (other than an order under section 3361, 3362, or 3363 of this title). To the maximum extent practicable, such opportunity shall be afforded before the effective date of such rule or order. Such opportunity shall be afforded no later than 30 days after such date in the case of a waiver of the entire comment period under section 553(d)(3) of title 5, and no later than 45 days after such date in all other cases. A transcript shall be made of any such oral presentation.
(c) Adjustments
The Commission or any other Federal officer or agency authorized to issue rules or orders described in subsection (a) (other than an order under section 3361, 3362, or 3363 of this title) shall, by rule, provide for the making of such adjustments, consistent with the other purposes of this chapter, as may be necessary to prevent special hardship, inequity, or an unfair distribution of burdens. Such rule shall establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or rescission of, exception to, or exemption from, such applicable rules or orders. If any person is aggrieved or adversely affected by the denial of a request for adjustment under the preceding sentence, such person may request a review of such denial by the officer or agency and may obtain judicial review in accordance with section 3416 of this title when such denial becomes final. The officer or agency shall, by rule, establish procedures, including an opportunity for oral presentation of data, views, and arguments, for considering requests for adjustment under this subsection.
(Pub. L. 95–621, title V, § 502, Nov. 9, 1978, 92 Stat. 3397; Pub. L. 101–60, § 3(a)(3), July 26, 1989, 103 Stat. 158.)
heading: Amendments
text: 1989—Subsec. (d). Pub. L. 101–60 struck out subsec. (d) which directed that any determination made under section 3347(c) of this title be made in accordance with procedures applicable to the granting of any authority under the Natural Gas Act to import natural gas or liquefied natural gas (as the case might be).
15 U.S.C. § 3415 (COMMERCE AND TRADE)
§ 3415. Intervention
(a) Authority to intervene
(1) Intervention as matter of right
The Secretary of Energy may intervene as a matter of right in any proceeding relating to the prorationing of, or other limitations upon, natural gas production which is conducted by any State agency having regulatory jurisdiction over the production of natural gas.
(2) Enforcement of right to intervene
The Secretary may bring an action in any appropriate court of the United States to enforce his right to intervene under paragraph (1).
(3) Access to information
As an intervenor in a proceeding described in subsection (a), the Secretary shall have access to information available to other parties to the proceeding if such information is relevant to the issues to which his participation in such proceeding relates. Such information may be obtained through reasonable rules relating to discovery of information prescribed by the State agency.
(b) Access to State courts
(1) Review in State courts
The Secretary may obtain review of any determination made in any proceeding described in subsection (a)(1) in the appropriate State court if the Secretary intervened or otherwise participated in the original proceeding or if State law otherwise permits such review.
(2) Participation as amicus curiae
In addition to his authority to obtain review under paragraph (1), the Secretary may also participate an 1 amicus curiae in any judicial review of any proceeding described in subsection (a)(1).
(Pub. L. 95–621, title V, § 505, Nov. 9, 1978, 92 Stat. 3403.)
15 U.S.C. § 3704b–2 (COMMERCE AND TRADE)
§ 3704b–2. Transfer of Federal scientific and technical information
(a) Transfer
The head of each Federal executive department or agency shall transfer in a timely manner to the National Technical Information Service unclassified scientific, technical, and engineering information which results from federally funded research and development activities for dissemination to the private sector, academia, State and local governments, and Federal agencies. Only information which would otherwise be available for public dissemination shall be transferred under this subsection. Such information shall include technical reports and information, computer software, application assessments generated pursuant to section 3710(c) of this title, and information regarding training technology and other federally owned or originated technologies. The Secretary shall issue regulations within one year after February 14, 1992, outlining procedures for the ongoing transfer of such information to the National Technical Information Service.
(b) Annual report to Congress
As part of the annual report required under section 3704b(f)(3) of this title, the Secretary shall report to Congress on the status of efforts under this section to ensure access to Federal scientific and technical information by the public. Such report shall include—
(1) an evaluation of the comprehensiveness of transfers of information by each Federal executive department or agency under subsection (a);
(2) a description of the use of Federal scientific and technical information;
(3) plans for improving public access to Federal scientific and technical information; and
(4) recommendations for legislation necessary to improve public access to Federal scientific and technical information.
(Pub. L. 102–245, title I, § 108, Feb. 14, 1992, 106 Stat. 13.)
heading: Codification
text: Section was enacted as part of the American Technology Preeminence Act of 1991, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter.
15 U.S.C. § 3711c (COMMERCE AND TRADE)
§ 3711c. Advanced motor vehicle research award
(a) Establishment
There is established a National Award for the Advancement of Motor Vehicle Research and Development. The award shall consist of a medal, and a cash prize if funding is available for the prize under subsection (c). The medal shall be of such design and materials and bear inscriptions as is determined by the Secretary of Transportation.
(b) Making and presenting award
The Secretary of Transportation shall periodically make and present the award to domestic motor vehicle manufacturers, suppliers, or Federal laboratory personnel who, in the opinion of the Secretary of Transportation, have substantially improved domestic motor vehicle research and development in safety, energy savings, or environmental impact. No person may receive the award more than once every 5 years.
(c) Funding for award
The Secretary of Transportation may seek and accept gifts of money from private sources for the purpose of making cash prize awards under this section. Such money may be used only for that purpose, and only such money may be used for that purpose.
(Pub. L. 96–480, § 19, as added Pub. L. 102–240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2184.)
15 U.S.C. § 4605 (COMMERCE AND TRADE)
§ 4605. Export of semiconductor manufacturing
Any export of materials, equipment, and technology developed by Sematech in whole or in part with financial assistance provided under section 4602(a) of this title shall be subject to the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) [now 50 U.S.C. 4601 et seq.] and shall not be subject to the Arms Export Control Act [22 U.S.C. 2751 et seq.].
(Pub. L. 100–180, div. A, title II, § 275, Dec. 4, 1987, 101 Stat. 1071.)
heading: References in Text
text: The Export Administration Act of 1979, referred to in text, is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to section 2401 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 56 (§ 4601 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.
The Arms Export Control Act, referred to in text, is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.
16 U.S.C. § 620j (CONSERVATION)
§ 620j. Authority of Export Administration Act of 1979
Nothing in sections 620 to 620j of this title shall be construed to—
(1) prejudice the outcome of pending or prospective petitions filed under, or
(2) warrant the exercise of the authority contained in,
section 7 of the Export Administration Act of 1979 [50 U.S.C. 4606] with respect to the export of unprocessed timber.
(Pub. L. 101–382, title IV, § 499, Aug. 20, 1990, 104 Stat. 726.)