Energy Policy and Conservation Act
PL 94-163 (S.622), enacted 12/22/1975

PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 871 
Public Law 94-163 
94th Congress 
An Act 
To increase domestic energy supplies and availability ; to restrain energy demand ; 
Uec. 22, iJib 
to prepare for energy emergencies; and for other purposes. 
[S. 622] 
Be it enacted 
by the Senate 
and House 
of Representatives 
of 
the 
United 
States 
of America 
in Congress 
assembled^ 
T h a t this Act m a y be 
Energy Policy 
cited as the "Enet-gy Policy a n d Conservation Act". 
^^^ Conservation 
Act. 
TABLE OF CONTENTS 
42 USC 6201 
note. 
Sec. 2. Statement of purposes. 
Sec. 3. Definitions. 
TITLE I—MATTERS RELATED TO DOMESTIC 
SUPPLY AVAILABILITY 
PAKT A—DOMESTIC SUPPLY 
Sec. 101. Coal conversion. 
Sec. 102. Incentives to develop underground coal mines. 
Sec. 103. Domestic use of energy supplies and related materials and equipment. 
Sec. 104. Materials allocation. 
Sec. 105. Prohibition of certain lease bidding arrangements. 
Sec. 106. Production of oil or gas at the maximum eflScient rate and temporary 
emergency production rate. 
PART B—STRATEGIC PETROLEUM RESERVE 
Sec. 151. Declaration of policy. 
Sec. 152. Definitions. 
Sec. 153. Strategic Petroleum Reserve Office. 
Sec. 154. Strategic Petroleum Reserve. 
Sec. 155. Early Storage Reserve. 
Sec. 156. Industrial Petroleum Reserve. 
Sec. 157. Regional Petroleum Reserve. 
Sec. 158. Other storage reserves. 
Sec. 159. Review by Congress and implementation. 
Sec. 160. Petroleum products for storage in the Reserve. 
Sec. 161. Drawdown and distribution of the Reserve. 
Sec. 162. Coordination with import quota system. 
Sec. 163. Disclosure, inspection, investigation. 
Sec. 164. Naval petroleum reserves study. 
Sec. 165. Annual reports. 
Sec. 166. Authorization of appropriations. 
TITLE II—STANDBY ENERGY AUTHORITIES 
PART A—GENERAL BMEEQENCY AUTHORITIES 
Sec. 201. Conditions of exercise of energy conservation and rationing authorities. 
Sec. 202. Energy conservation contingency plans. 
Sec. 203. Rationing contingency plan. 
PART B—AUTHORITIES W I T H RESPECT TO INTERNATIONAL ENBBGT PBOORAH 
Sec. 251. International oil allocation. 
Sec. 252. International voluntary agreements. 
Sec. 253. Advisory committees. 
Sec. 254. Exchange of information. 
Sec. 255. Relationship of this title to the international energy agreement. 
89 STAT. 872 
PUBLIC LAW 94-163—DEC. 22, 1975 
TABLE OF CONTENTS—Continued 
TITLE III—IMPROVING ENERGY EFFICIENCY 
PABT A—AUTOMOTIVE FUEL ECONOMY 
Sec. 301. Amendment to Motor Vehicle Information and Cost Savings Act. 
"TITLE V—IMPROVING AUTOMOTIVE EFFICIENCY 
"PABT A—AUTOMOTIVE FUEL ECONOMY 
"Sec. 501. Definitions. 
"Sec. 502. Average fuel economy standards applicable to each manufacturer. 
"Sec. 503. Determination of average fuel economy. 
"Sec. 504. Judicial review. 
"Sec. 505. Information and reports. 
"Sec. 506. Labeling. 
"Sec. 507. Unlawful conduct. 
"Sec. 508. Civil penalty. 
"Sec. 509. Effect on State law. 
"Sec. 510. Use of fuel eflScient passenger automobiles by the Federal 
Government. 
"Sec. 511. Retrofit devices. 
"Sec. 512. Reports to Congress.". 
PART B—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN 
AUTOMOBILES 
Sec. 321. Definitions. 
Sec. 322. Coverage. 
Sec. 323. Test procedures. 
Sec. 324. Labeling 
Sec. 325. Energy eflaciency standards. 
Sec. 326. Requirements of manufacturers and private labelers. 
Sec. 327. Effect on other law. 
Sec. 328. Rules. 
Sec. 329. Authority to obtain information. 
Sec. 330. Exports. 
Sec. 331. Imports. 
Sec. 332. Prohibited acts. 
Sec. 333. Enforcement. 
Sec. 334. Injunctive enforcement. 
Sec. 335. Citizen suits. 
Sec. 336. Administrative procedure and judicial review. 
Sec. 337. Consumer education. 
Sec. 338. Annual report. 
Sec. 339. Authorization of appropriations. 
PART C—STATE ENERGY CONSERVATION PROGRAMS 
Sec. 361. Findings and purpose. 
Sec. 362. State energy conservation plans. 
Sec. 363. Federal assistance to States. 
Sec. 364. Energy conservation goals. 
Sec. 365. General provisions. 
Sec. 366. Definitions, 
PABT D—INDUSTRIAL ENERGY CONSERVATION 
Sec. 371. Definitions. 
Sec. 372. Program. 
Sec. 373. Identification of major energy consumers. 
Sec. 374. Industrial energy efficiency improvement targets. 
Sec. 375. Reports. 
Sec. 376. General provisions. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 873 
TABLE OF CONTENTS—Continued 
TITLE III—IMPROVING ENERGY EFFICIENCY—Continued 
PART E—OTHER FEDERAL ENERGY CONSERVATION MEASURES 
Sec. 381. Federal energy conservation programs. 
Sec. 382. Energy conservation in policies and practices of certain Federal 
agencies. 
Sec. 383. Federal actions with respect to recycled oil. 
TITLE IV—PETROLEUM PRICING POLICY AND OTHER AMENDMENTS 
TO THE ALLOCATION ACT 
PART A—PRICING POLICY 
Sec. 401. Oil pricing policy. 
Sec. 402. Limitations on pricing policy. 
Sec. 403. Entitlements. 
PART B—OTHER AMENDMENTS TO THE ALLOCATION ACT 
Sec. 451. Amendments to the objectives of the Allocation Act. 
Sec. 452. Penalties under the Allocation Act. 
Sec. 453. Antitrust provision in Allocation Act. 
Sec. 454. Evaluation of regulation under the Allocation Act. 
Sec. 455. Conversion to standby authorities. 
Sec. 456. Technical purchase authority. 
Sec. 457. Direct controls on refinery operations. 
Sec. 458. Inventory controls. 
Sec. 459. Hoarding prohibitions. 
Sec. 460. Asphalt allocation authority. 
Sec. 461. Expiration of authorities. 
Sec. 462. Reimbursement to States. 
Sec. 463. Effective date of Allocation Act amendments. 
TITLE V—GENERAL PROVISIONS 
PART A—ENERGY DATA BASE AND ENERGY INFORMATION 
Sec. 501. Verification examinations. 
Sec. 502. Powers of the Comptroller General and reports. 
Sec. 503. Accounting practices. 
Sec. 504. Enforcement. 
Sec. 505. Amendment to Energy Supply and Coordination Act of 1974. 
Sec. 506. Extension of energy information gathering authority. 
PART B—GENERAL PROVISIONS 
Sec. 521. Prohibition on certain actions. 
Sec. 522. Confiicts of interest. 
Sec. 523. Administrative procedure and judicial review. 
Sec. 524. Prohibited acts. 
Sec. 525. Enforcement. 
Sec. 526. Effect on other laws. 
Sec. 527. Transfer of authority. 
Sec. 528. Authorization of appropriations for interim period. 
Sec. 529. Intrastate natural gas. 
Sec. 530. Limitation on loan guarantees. 
Sec. 531. Expiration. 
PART C—CONGRESSIONAL REVIEW 
Sec. 551. Procedure for congressional review of Presidential requests to imple-
ment certain authorities. 
Sec. 552. Expedited 
procedure 
for 
congressional 
consideration 
of 
certain 
authorities. 
89 STAT. 874 
PUBLIC LAW 94-163—DEC. 22, 1975 
STATEMENT OF PURPOSES 
42 use 6201. 
SEC. 2. The purposes of this Act are— 
(1) to grant specific standby authority to the President, subject 
to congressional review, to impose rationing, to reduce demand 
for energy through the implementation of energy conservation 
plans, and to fulfill obligations of the United States under the 
international energy program; 
(2) to provide for the creation of a Strategic Petroleum Reserve 
capable of reducing the impact of severe energy supply inter-
ruptions ; 
(3) to increase the supply of fossil fuels in the United States, 
through price incentives and production requirements; 
(4) to conserve energy supplies through energy conservation 
programs, and, where necessary, the regulation of certain energy 
uses; 
(5) to provide for improved energy efficiency of motor vehicles, 
major appliances, and certain other consumer products; 
(6) to reduce the demand for petroleum products and natural 
gas through programs designed to provide greater availability 
and use of this Nation's abundant coal resources; and 
(7) to provide a means for verification of energy data to assure 
the reliability of energy data. 
DEFINITIONS 
42 use 6202. 
SEC. 3. As used in this Act: 
(1) The term "Administrator" means the Administrator of the 
Federal Energy Administration. 
(2) The term "person" includes (A) any individual, (B) any cor-
poration, company, association, firm, partnership, society, trust, joint 
venture, or joint stock company, and (C) the government and any 
agency of the United States or any State or political subdivision 
thereof. 
(3) The term "petroleum product" means crude oil, residual fuel 
oil, or any refined petroleum product (including any natural liquid 
and any natural gas liquid product). 
(4) The term "State" means a State, the District of Columbia, 
Puerto Rico, or any territory or possession of the United States. 
(5) The term "United States" when used in the geographical sense 
means all of the States and the Outer Continental Shelf. 
(6) The term "Outer Continental Shelf" has the same meaning as 
such term has under section 2 of the Outer Continental Shelf Lands 
Act(43U.S.C.1331). 
(7) The term "international energy program" means the Agree-
ment on an International Energy Program, signed by the United 
States on November 18,1974, including (A) the annex entitled "Emer-
gency Reserves", (B) any amendment to such Agreement which 
includes another nation as a party to such Agreement, and (C) any 
technical or clerical amendment to such Agreement. 
(8) The term "severe energy supply interruption" means a national 
energy supply shortage which the President determines— 
(A) is, or is likely to be, of significant scope and duration, and 
of an emergency nature; 
(B) may cause major adverse impact on national safety or the 
national economy; and 
(C) results, or is likely to result, from an interruption in the 
supply of imported petroleum products, or from sabotage or an 
act of God. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 875 
(9) The term "antitrust laws" includes— 
(A) the Act entitled "An Act to protect trade and commerce 
against unlawful restraints and monopolies", approved July 2, 
1890 (15U.S.C.l,etseq.); 
(B) the Act entitled "An Act to supplement existing laws 
against unlawful restraints and monopolies, and for other pur-
poses", approved October 15,1914 (15 U.S.C. 12, et seq.); 
(C) the Federal Trade Commission Act (15 U.S.C. 41, et seq.); 
(D) sections 73 and 74 of the Act entitled "An Act to reduce 
taxation, to provide revenue for the Government, and for other 
purpose", approved August 27,1894 (15 U.S.C. 8 and 9); and 
(E) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 
13b, and21A). 
(10) The term "Federal land" means all lands owned or controlled 
by the United States, including the Outer Continental Shelf, and any 
land in which the United States has reserved mineral interests, except 
land.s— 
(A) held in trust for Indians or Alaska Natives, 
(B) owned by Indians or Alaska Natives with Federal restric-
tions on the title, 
(C) within any area of the National Park System, the National 
Wildlife Kefuge System, the National Wilderness Preservation 
System, the National System of Trails, or the Wild and Scenic 
Rivers System, or 
(D) within military reservations. 
TITLE I—MATTERS RELATED TO DOMESTIC SUPPLY 
AVAILABILITY 
PART A—DOMESTIC SUPPLY 
COAL CONVERSION 
SEC. 101. (a) Section 2(f) of the Energy Supply and Environmental 
Coordination Act of 1974 is amended— 
15 U
S
C 792, 
(1) in paragraph (1) thereof, by striking out "June 30, 1975" 
and inserting in lieu thereof "June 30,1977", and by striking out 
"January 1,1979" and inserting in lieu thereof "January 1,1985"; 
and 
(2) in paragraph (2) thereof, by striking out "December 31, 
1978" and inserting in lieu thereof "December 31, 1984", and by 
striking out "January 1, 1979" and inserting in lieu thereof 
"January 1,1985". 
(b) Section 2(a) of such Act is amended to read as follows: 
"(a) The Federal Energy Administrator— 
"(1) shall, by order, prohibit any powerplant, and 
" (2) may, by order, prohibit any major fuel burning installa-
tion, other than a powerplant, 
from burning natural gas or petroleum products as its primary energy 
source, if the requirements of subsection (b) are met and if (A) the 
Federal Energy Administrator determines such powerplant or installa-
tion on June 22, 1974, had, or thereafter acquires or is designed with, 
the capability and necessary plant equipment to burn coal, or (B) such 
powerplant or installation is required to meet a design or construction 
requirement under subsection (c)." 
(c) Section 2(c) of such Act is amended by inserting "or other major 
fuel burning installation" after "powerplant" wherever it appears and 
by inserting "in the case of a powerplant" after "(1)" in the second 
sentence. 
89 STAT. 876 
PUBLIC LAW 94-163—DEC. 22, 1975 
Loan guarantees. 
42 use 6211. 
30 use 801 note. 
42 use 1857 
note. 
42 use 1857C-5. 
Limitation. 
INCENTIVES TO DEVELOP UNDERGROUND COAL MINES 
SEC. 102. (a) The Administrator may, in accordance with subsection 
(b) and rules prescribed under subsection (d), guarantee loans made 
to eligible persons described in subsection (c) (1) for the purpose of 
develojjing new underground coal mines. 
(b) (1) A person may receive for a loan guarantee under subsection 
(a) only if the Administrator determines that— 
(A) such person is capable of successfully developing and 
operating the mine with respect to which the loan guarantee is 
sought; 
(B) such person has provided adequate assurance that the mine 
will be constructed and operated in compliance with the provisions 
of the Federal Coal Mine Health and Safety Act and that no final 
judgment holding such person liable for any fine or penalty under 
such Act is unsatisfied; 
(C) there is a reasonable prospect of repayment of the guar-
anteed loan; 
(D) such person has obtained a contract, of at least the duration 
of the period during which the loan is required to be repaid, for the 
sale or resale of coal to be produced from such mine to a person 
who the Administrator of the Environmental Protection Agency 
certifies will be able to burn such coal in compliance with all 
applicable requirements of the Clean Air Act, and of any appli-
cable implementation plan (as defined in section 110 of such Act); 
(E) the loan will be adequately secured; 
(F) such person w'ould be unable to obtain adequate 
financing 
without such guarantee; 
(G) the guaranteeing of a loan to such person will enhance 
competition or encourage new market entry; and 
(H) such person has adequate coal reserves to cover contractual 
commitments described in subparagraph (D). 
(2) The total amount of guarantees issued to any person (including 
all persons affiliated with such person) may not exceed $30,000,000. 
The amount of a guarantee issued with respect to any loan may not 
exceed 80 percent of the lesser of (A) the principal balance of the loan 
or, (B) the cost of developing such new underground coal mine. 
(3) 
The 
aggregate 
outstanding 
principal 
amount 
of 
loans 
which are guaranteed under this section may not at any time exceed 
$750,000,000. Not more than 20 percent of the amount of guarantees 
issued under this section in any fiscal year may be issued with respect 
to loans for the purpose of opening new underground coal mines which 
produce coal which is not low sulfur coal. 
(c) For purposes of this section— 
(1) A person shall be considered eligible for a guarantee under 
this section if such person (together with all persons affiliated 
with such person) — 
(A) did not produce more than 1,000,000 tons of coal in the 
calendar year preceding the year in which he makes appli-
cation for a loan guarantee under this section; 
(B) did not produce more than 300,000 barrels of crude oil 
or own an oil refinery in such preceding calendar year; and 
(C) did not have gross revenues in excess of $50,000,000 in 
such calendar year. 
(2) A person is affiliated with another person if he controls, 
is controlled by, or is under common control with such other per-
son, as such term may be further defined by rule by the Admin-
istrator. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 877 
(3) The term "low sulfur coal" means coal which, in a quantity "Low sulfur 
necessary to produce one million British thermal units, does not ^oal." 
contain sulfur or sulfur compounds the elemental sulfur content 
of which exceeds 0.6 pound. Sulfur content shall be determined 
after the application of any coal preparation process which takes 
place before sale of the coal by the producer. 
(d) The Administrator shall prescribe such regulations as may be Regulations, 
necessary or appropriate to carry out this section. Such rules shall 
require that each application for a guarantee under this section shall 
be made in writing to the Administrator in such form and with such 
content and other submissions as the Administrator shall require, in 
order reasonably to protect the interests of the United States. Each 
guarantee shall be issued in accordance with subsections (a) through 
(c),and— 
(1) under such terms and conditions as the Administrator, in 
consultation with the Secretary of the Treasury, considers 
appropriate; 
(2) with such provisions wath respect to the date of issue of 
such guarantee as the Administrator, with the concurrence of the 
Secretary of the Treasury, considers appropriate, except that the 
required concurrence of the Secretary of the Treasury may not, 
without the consent of the Administrator, result in a delay in the 
issuance of such guarantee for more than 60 days; and 
(3) in such form as the Administrator considers appropriate. 
(e) Each person who receives a loan guarantee under this section Recordkeeping, 
shall keep such records as the Admini..trator or the Secretary of the 
Treasury shall require, including records which fully disclose the total 
cost of the project for which a loan is guaranteed under this section 
and such other records as the Administrator or the Secretary of the 
Treasury determines necessary to facilitate an effective audit and 
performance evaluation. The Administrator, the Secretary of the 
Treasury, ai.d the Comptroller General of the United States, or any 
of their duly authorized representatives, shall have access for the 
purpose of audit and examination to any pertinent books, documents, 
papers, and records of any person who receives a loan guarantee under 
this section. 
Access and audit. 
DOMESTIC USE Or ENERGY SUPPLIES AND RELATED MATERIALS AND 
EQUIPMENT 
Export 
restrictions. 
42 use 6212. 
SEC. 103. (a) The President may, by rule, under such terms and 
conditions as he determines to be appropriate and necessary to carry 
out the purposes of this Act, restrict exports of— 
(1) coal, petroleum products, natural gas, or petrochemical 
feedstocks, and 
(2) supplies of materials or equipment which he determines to 
be necessary (A) to maintain or further exploration, production, 
refining, or transportation of energy supplies, or (B) for the 
construction or maintenance of energy facilities within the United 
States. 
(b) (1) The President shall exercise the authority provided for in Exemption, 
subsection (a) to promulgate a rule prohibiting the export of crude oil 
and natural gas produced in the United States, except that the Presi-
dent may, pursuant to paragraph (2), exempt from such prohibition 
such crude oil or natural gas exports which he determines to be 
consistent with the national interest and the purposes of this Act. 
89 STAT. 878 
PUBLIC LAW 94-163—DEC. 22, 1975 
50 u s e app. 
2401 note. 
50 u s e app. 
2402. 
Waiver. 
5 u s e 551. 
Quarterly report 
to eongress. 
(2) Exemptions from any rule prohibiting crude oil or natural gas 
exports shall be included in such rule or provided for in an amendment 
thereto and may be based on the purpose for export, class of seller or 
purchaser, country of destination, or any other reasonable classification 
or basis as the President determines to be appropriate and consistent 
with the national interest and the purposes of this Act. 
(c) In order to implement any rule promulgated under subsection 
(a) of this section, the President may request and, if so, the Secretary 
of Commerce shall, pursuant to the procedures established by the 
Export Administration Act of 1969 (but without regard to the phrase 
"and to reduce the serious inflationary impact of foreign demand" in 
section 3(2)(A) of such Act), impose such restrictions as specified in 
any rule under subsection (a) on exports of coal, petroleum products, 
natural gas, or petrochemical feedstocks, and such supplies of mate-
rials and equipment. 
(d) Any finding by the President pursuant to subsection (a) or (b) 
and any action taken by the Secretary of Commerce pursuant thereto 
shall take into account the national interest as related to the need to 
leave uninterrupted or unimpaired— 
(1) exchanges in similar quantity for convenience or increased 
efficiency of transportation with persons or the government of a 
foreign state, 
(2) temporary exports for convenience or increased efficiency 
of transportation across parts of an adjacent foreign state which 
exports reenter the United States, and 
(3) the historical trading relations of the United States with 
Canada and Mexico. 
(e) (1) The provisions of subchapter II of chapter 5 of title 5, 
United States Code, shall apply with respect to the promulgation of 
any rule pursuant to this section, except that the President may waive 
the requirement pertaining to the notice of proposed rulemaking or 
period for comment only if he finds that compliance with such require-
ments may seriously impair his ability to impose effective and timely 
prohibitions on exports. 
(2) In the event such notice and comment period are waived with 
respect to a rule promulgated under this section, the President shall 
afford interested persons an opportunity to comment on any such rule 
at the earliest practicable date thereafter. 
(3) If the President determines to request the Secretary of Com-
merce to impose specified restrictions as provided for in subsection (c), 
the enforcement and penalty provisions of the Export Administration 
Act of 1969 shall apply, in lieu of this Act, to any violation of such 
restrictions. 
(f) The President shall submit quarterly reports to the Congress 
concerning the administration of this section and any findings made 
pursuant to subsection (a) or (b). 
50 u s e app. 
2071. 
MATERIALS ALLOCATION 
SEC. 104. (a) Section 101 of the Defense Production Act of 1950 is 
amended by adding at the end thereof the following new subsection: 
"(c)(1) Notwithstanding any other provision of this Act, the 
President may, by rule or order, require the allocation of, or the pri-
ority performance under contracts or orders (other than contracts of 
employment) relating to, supplies of materials and equipment in order 
to maximize domestic ener^ supplies if he makes the findings required 
by paragraph (3) of this subsection. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 879 
"(2) The President shall report to the Congress within sixty days Report to 
after the date of enactment of this subsection on the manner in which Congress, 
the authority contained in paragraph (1) will be administered. This 
report shall include the manner in which allocations will be made, 
the procedure for requests and appeals, the criteria for determining 
priorities as between competing requests, and the office or agency 
which will administer such authorities. 
"(3) The authority granted in this subsection may not be used to 
require priority performance of contracts or orders, or to control the 
distribution of any supplies of materials and equipment in the market-
place, unless the President finds that— 
" (A) such supplies are scarce, critical, and essential to maintain 
or further (i) exploration, production, refining, transportation, 
or (ii) the conservation of energy supplies, or (iii) for the con-
struction and maintenance of energy facilities; and 
"(B) maintenance or furtherance of exploration, production, 
refining, transportation, or conservation of energy supplies or 
the construction and maintenance of energy facilities cannot 
reasonably be accomplished without exercising the authority 
specified in paragraph (1) of this subsection, 
"(4) During any period when the authority conferred by this sub-
section is being exercised, the President shall take such action as 
may be appropriate to assure that such authority is being exercised 
in a manner which assures the coordinated administration of such 
authority with any priorities or allocations established under sub-
section (a) of this section and in effect during the same period.". 
(b)(1) The authority to issue any rules or orders under section 
101 (c) of the Defense Production Act of 1950, as amended by this Act, 
shall expire at midnight December 31, 1984, but such expiration shall 
not affect any action or pending proceedings, civil or criminal, not 
finally determined on such date, nor any action or proceeding based 
upon any act committed prior to such date. 
(2) The expiration of the Defense Production Act of 1950 or any 
amendment of such Act after the date of enactment of this Act shall 
not affect the authority of the President under section 101(c) of such 
Act, as amended by subsection (a) of this section and in effect on the Ante, p. 878, 
date of enactment of this Act, unless Congress by law expressly pro-
vides to the contrary. 
50 use app. 
2071 note. 
50 use app. 
2071. 
50 use app. 
2061. 
PROHIBITION OF CERTAIN LEASE BIDDING ARRANGEMENTS 
SEC. 105. (a) The Secretary of the Interior shall, not later than 30 
days after the date of enactment of this Act, prescribe and make effec-
tive a rule which prohibits the bidding for any right to develop crude 
oil, natural gas, and natural gas liquids on any lands located on the 
Outer Continental Shelf by any person if more than one major oil 
company, more than one affiliate of a major oil company, or a major oil 
company and any affiliate of a major oil company, has or have a sig-
nificant ownership interest in such person. Such rule shall define 
affiliate relationships and significant ownership interests, 
(b) As used in this section: 
(1) The term "major oil company" means any person who, 
individually or together with any other person with respect to 
which such person has an affiliate relationship or significant 
ownership interest, produced during a prior 6-month period speci-
fied by the Secretary, an average daily volume of 1,600,000 
Rule. 
42 use 6213. 
"Major oil 
company." 
89 STAT. 880 
PUBLIC LAW 94-163—DEC. 22, 1975 
barrels of crude oil, natural gas liquids equivalents, and natural 
gas equivalents. 
(2) One barrel of natural gas equivalent equals 5,626 cubic 
feet of natural gas measured at 14.73 pounds per square inch 
(MSL) and 60 degrees Fahrenheit. 
(3) One barrel of natural gas liquids equivalent e<juals 1.454 
barrels of natural gas liquids at 60 degrees Fahrenheit. 
Exemption. 
(c) The Secretary may, by amendment to the rule, exempt bidding 
for leases for lands located in frontier or other areas determined by 
the Secretary to be extremely high risk lands or to present unusually 
high cost exploration, or development, problems. 
(d) This section shall not be construed to prohibit the unitization 
of producing fields to increase production or maximize ultimate recov-
ery of oil or natural gas, or both. 
Report to 
(e) The Secretary shall study and report to the Congress, not later 
Congress. 
than 6 months after the date of enactment of this Act, with respect 
to the feasibility and desirability of extending the prohibition on joint 
bidding to— 
(1) bidding for any right to develop crude oil, natural gas, 
and natural gas liquids on Federal lands other than those located 
on the Outer Continental Shelf; and 
(2) bidding for any right to develop coal and oil shale on 
such lands. 
PRODUCTION OF OIL OK GAS AT THE MAXIMUM EFFICIENT RATE 
AND TEMPORARY EMERGENCY PRODUCTION RATE 
42 use 6214. 
SEC. 106. (a) (1) The Secretary of the Interior, by rule on the record 
after an opportunity for a hearing, shall, to the greatest extent prac-
ticable, determine the maximum efficient rate of production and, if 
any, the temporary emergency production rate for each field on Fed-
eral lands which produces, or is determined to be capable of producing, 
significant volumes of crude oil or natural gas, or both. 
(2) Except as provided in subsection (f), the President may, by 
rule or order, require crude oil or natural gas, or both, to be produced 
from fields on Federal lands designated by him— 
(A) at the maximum efficient rate of production, and 
(B) during a severe energy supply interruption, at the tem-
porary emergency production rate 
as determined pursuant to paragraph (1) for such field. 
(b)(1) Each State or the appropriate agency thereof may, for 
the purposes of this section, pursuant to procedures and standards 
established by the State, determine the maximum efficient rate of 
production and, if any, the temporary emergency production rate, 
for each field (other than a field on Federal lands) within such State 
which produces, or is determined to be capable of producing, signifi-
cant volumes of crude oil or natural gas, or Both. 
(2) If a State or the appropriate agency thereof has determined 
the maximum efficient rate of production and, if any, the temporary 
emergency production rate, or both, or their equivalents (however 
characterized), for any field (other than a field on Federal lands) 
within such State, the President may, by rule or order, during a severe 
energy supply interruption, require the production of such fields at 
the rates of production established by the State. 
(c) With respect to any field, which produces, or is determined to be 
capable of producing, significant volumes of crude oil, or natural gas, 
or both, which field is unitized and is composed of both Federal lands 
and lands other than Federal lands and there has been no determina-
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 881 
tion of the maximum efficient rate of production or the temporary 
emergency production rate or both, the Secretary of the Interior may, 
pursuant to subsection (a) (1), determine a maximum efficient rate of 
production and a temporary emergency production rate, if any, for 
such field. Tlie President may, during a severe energy supply inter-
ruption by rule or order, require production at the maximum efficient 
rate of production and the temporary emergency production rate, if 
any, determined for such field. 
(d) If loss of ultimate recovery of crude oil or natural gas, or both, 
occurs or will occur as the result of a rule or order under the authority 
of this section to produce at the temporary emergency production rate, 
the owner of any property right who considers himself damaged by 
such order may bring an action in a United States district court to 
recover just compensation, which shall be awarded if the court finds 
that such loss constitutes a taking of property compensable under the 
Constitution. 
(e) As used in this section: 
(1) The term "maximum efficient rate of production" means the 
maximum rate of production of crude oil or natural gas, or both, 
which may be sustained without loss of ultimate recovery of crude 
oil or natural gas, or both, under sound engineering and economic 
principles. 
(2) The term "temporary emergency production rate" means 
the maximum rate of production for a field— 
(A) which rate is above the maximum efficient rate of 
production established for such field; and 
(B) which may be maintained for a temporary period of 
less than 90 days without reservoir damage and without 
significant loss of ultimate recovery of crude oil or natural 
gas, or both, from such field. 
(f) Nothing in this section shall be construed to authorize the pro-
duction of crude oil, or natural gas, or both, from any Naval Petroleum 
Reserve subject to the provisions of chapter 641 of title 10, United 
States Code. 
PART B—STRATEGIC PETROLEUM RESERVE 
"Maximum 
efficient rate of 
production." 
"Temporary 
emergency 
production rate.' 
10 use 7421 
et seq. 
DECLARATIOlSr OF POLICY 
SEC. 151. (a) The Congress finds that the storage of substantial 
quantities of petroleum products will diminish the vulnerability of the 
United States to the effects of a severe energy supply interruption, and 
provide limited protection from the short-term, consequences of inter-
ruptions in supplies of petroleum products. 
(b) It is hereby declared to be 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, but not less 
than 150 million barrels of petroleum products by the end of the 
3-year period which begins on the date of enactment of this Act, for 
the purpose of reducing the impact of disruptions in supplies of 
petroleum products or to carry out obligations of the United States 
under the international energy program. It is further declared to be the 
policy of the United States to provide for the creation of an Early 
Storage Reserve, as part of the Reserve, for the purpose of providing 
limited protection from the impact of near-term disruptions in sup-
plies of petroleum products or to carry out obligations of the United 
States under the international energy program. 
42 use 6231. 
89 STAT. 882 
PUBLIC LAW 94-163—DEC. 22, 1975 
DEFINITIONS 
42 use 6232. 
SEC. 152. As used in this part: 
(1) The term "Early Storage Reserve" means that portion of 
the Strategic Petroleum Reserve which consists of petroleum 
products stored pursuant to section 155. 
(2) The term "importer" means any person who owns, at the 
first place of storage, any petroleum product imported into the 
United States. 
(3) The term "Industrial Petroleum Reserve" means that por-
tion of the Strategic Petroleum Reserve which consists of petro-
leum products owned by importers or refiners and acquired, stored, 
or maintained pursuant to section 156. 
(4) The term "interest in land" means any ownership or pos-
sessory 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 work-
ing inventories or other unavailable stocks. 
(6) The term "refiner" means any person who owns, operates, 
or controls the operation of any refinery. 
(7) The term "Regional Petroleum Reserve" means that por-
tion of the Strategic Petroleum Reserve which consists of petro-
leum products stored pursuant to section 157. 
(8) The term "related facility" means any necessary appur-
tenance to a storage facility, including pipelines, roadways, reser-
voirs, and salt brine lines. 
(9) The term "Reserve" means the Strategic Petroleum 
Reserve. 
(10) The term "storage facility" means any facility or geologi-
cal 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; such 
term includes the Industrial Petroleum Reserve, the Early Storage 
Reserve, and the Regional Petroleum Reserve. 
Establishment. 
42 use 6233. 
42 use 6234. 
Plan, transmittal 
to Congress. 
Post, p. 965. 
STRATEGIC PETROLEUM RESERVE OFFICE 
SEC. 153. There is established, in the Federal Energy Administra-
tion, a Strategic Petroleum Reserve Office. The Administrator, acting 
through such Office and in accordance with this part, shall exercise 
authority over the establishment, management, and maintenance of 
the Reserve. 
STRATEGIC PETROLEUM RESERVE 
SEC. 154. (a) A Strategic Petroleum Reserve for the storage of up 
to 1 billion barrels of petroleum products shall be created pursuant 
to this part. By the end of the 3-year period which begins on the date 
of enactment of this Act, the Strategic Petroleum Reserve (or the 
Early Storage Reserve authorized by section 155, if no Strategic Petro-
leum Reserve Plan has become effective pursuant to the provisions of 
section 159(a)) shall contain not less than 150 million barrels of 
petroleum products. 
(b) The Administrator, not later than December 15,1976, shall pre-
pare and transmit to the Congress, in accordance with section 551, a 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 883 
Strategic Petroleum Eeserve Plan. Such Plan shall comply with the 
provisions of this section and shall detail the Administrator's pro-
posals for designing, constructing, and filling the storage and related 
facilities of the Reserve. 
(c) (1) To the maximum extent practicable and except to the extent 
that any change in the storage schedule is justified pursuant to sub-
section (e)(6), the Strategic Petroleum Reserve Plan shall provide 
that: 
(A) within 7 years after the date of enactment of this Act, the 
volume of crude oil stored in the Reserve shall equal the total 
volume of crude oil which was imported into the United States 
during the base period specified in paragraph (2); 
(B) within 18 months after the date of enactment of this Act, 
the volume of crude oil stored in the Reserve shall equal not less 
than 10 percent of the goal specified in subparagraph (A) ; 
(C) within 3 years after the date of enactment of this Act, the 
volume of crude oil stored in the Reserve shall equal not less than 
25 percent of the goal specified in subparagraph (A); and 
(D) within 5 years after the date of enactment of this Act, the 
volume of crude oil stored in the Reserve shall equal not less than 
65 percent of the goal specified in subparagraph (A). 
Volumes of crude oil initially stored in the Early Storage Reserve 
and volumes of crude oil stored in the Industrial Petroleum Reserve, 
and the Regional Petroleum Reserve shall be credited toward attain-
ment of the storage goals specified in this subsection. 
(2) The base period shall be the period of the 3 consecutive months, Base period, 
during the 24-month period preceding the date of enactment of this 
Act, in which average monthly import levels were the highest. 
(d) The Strategic Petroleum Reserve Plan shall be designed to 
assure, to the maximum extent practicable, that the Reserve will mini-
mize the impact of any interruption or reduction in imports of refined 
petroleum products and residual fuel oil in any region which the 
Administrator determines is, or is likely to become, dependent upon 
such imports for a substantial portion of the total energy requirements 
of such region. The Strategic Petroleum Reserve Plan shall be designed 
to assure, to the maximum extent practicable, that each noncontiguous 
area of the United States which does not have overland access to 
domestic crude oil production has its component of the Strategic 
Petroleum Reserve within its respective territory. 
(e) The Strategic Petroleum Reserve Plan shall include: 
Contents. 
(1) a comprehensive environmental assessment; 
(2) a description of the type and proposed location of each 
storage facility (other than storage facilities of the Industrial 
Petroleum Reserve) proposed to be included in the Reserve; 
(3) a statement as to the proximity of each such storage facility 
to related facilities; 
(4) an estimate of the volumes and types of petroleum products 
proposed to be stored in each such storage facility; 
(5) a projection as to the aggregate size of the Reserve, including 
a statement as to the most economically-efficient storage levels 
for each such storage facility; 
(6) a justification for any changes, with respect to volumes or 
dates, proposed in the storage schedule specified in subsection (c), 
and a program schedule for overall development and completion 
of the Reserve (taking into account all relevant factors, including 
cost effectiveness, the need to construct related facilities, and the 
ability to obtain sufficient quantities of petroleum products to fill 
the storage facilities to the proposed storage levels); 
89 STAT. 884 
PUBLIC LAW 94-163—DEC. 22, 1975 
(7) an estimate of the direct cost of the Reserve, including— 
(A) the cost of storage facilities; 
(B) the cost of the petroleum products to be stored; 
(C) the cost of related facilities; and 
(D) management and operation costs; 
(8) an evaluation of the impact of developing the Reserve, 
taking into account— 
(A) the availability and the price of supplies and equip-
ment and the effect, if any, upon domestic production of 
acquiring such supplies and equipment for the Reserve; 
(B) any fluctuations in world, and domestic, market 
prices for petroleum products which may result from the 
acquisition of substantial quantities of petroleum products 
for the Reserve; 
(C) the extent to which such acquisition may support 
otherwise declining market prices for such products; and 
(D) the extent to which such acquisition will affect com-
petition in the petroleum industry; 
(9) an identification of the ownership of each storage and 
related facility proposed to be included in the Reserve (other 
than storage and related facilities of the Industrial Petroleum 
Reserve) ; 
(10) an identification of the ownership of the petroleum prod-
ucts to be stored in the Reserve in any case where such products 
are not owned by the United States; 
(11) a statement of the manner in w^hich the provisions of 
this part relating to the establishment of the Industrial Petro-
leum Reserve and the Regional Petroleum Reserve will be 
implemented; and 
(12) a Distribution Plan setting forth the method of drawdown 
and distribution of the Reserve. 
Establishment. 
42 use 6235. 
Plan, transmittal 
to Congress. 
EARLY STORAGE RESERVE 
SEC. 155. (a)(1) The Administrator shall establish an Early 
Storage Reserve as part of the Strategic Petroleum Reserve. The 
Early Storage Reserve shall be designed to store petroleum products, 
to the maximum extent practicable, in existing storage capacity. 
Petroleum products stored in the Early Storage Reserve may be 
owned by the United States or may be owned by others and stored 
pursuant to section 156(b). 
(2) If the Strategic Petroleum Reserve Plan has not become effec-
tive under section 159(a), the Early Storage Reserve shall contain 
not less than 150 million barrels of petroleum products by the end of 
the 3-year period which begins on the date of enactment of this Act. 
(b) The Early Storage Reserve shall provide for meeting regional 
needs for residual fuel oil and refined petroleum products in any 
region which the Administrator determines is, or is likely to become, 
dependent upon imports of such oil or products for a substantial 
portion of the total energy requirements of such region. 
(c) Within 90 days after the date of enactment of this Act, the 
Administrator shall prepare and transmit to the Congress an Early 
Storage Reserve Plan which shall provide for the storage of not less 
than 150 million barrels of petroleum products by the end of 3 years 
from the date of enactment of this Act. Such plan shall detail the 
Administrator's proposals for implementing the Early Storage 
Reserve requirements of this section. The Early Storage Reserve Plan 
shall, to the maximum extent practicable, provide for, and set forth 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 885 
the manner in which, Early Storage Reserve facilities will be incor-
porated into the Strategic Petroleum Reserve after the Strategic 
Petroleum Reserve Plan has become effective under section 159(a). 
The Early Storage Reserve Plan shall include, with respect to the 
Early Storage Reserve, the same or similar assessments, statements, 
estimates, evaluations, projections, and other information which 
section 154(e) requires to be included in the Strategic Petroleum 
Reserve Plan, including a Distribution Plan for the Early Storage 
Reserve. 
INDUSTRIAL, PETROLEUM RESERVE 
SEC. 156. (a) The Administrator may establish an Industrial Petro-
leum Reserve as part of the Strategic Petroleum Reserve. 
(b) To implement the Early Storage Reserve Plan or the Strategic 
Petroleum Reserve Plan which has taken effect pursuant to section 
159(a), the Administrator may require each importer of petroleum 
products and each refiner to (1) acquire, and (2) store and maintain 
in readily available inventories, petroleum products in amounts deter-
mined by the Administrator, except that the Administrator may not 
require any such importer or refiner to store such petroleum products 
in an amount greater than 3 percent of the amount imported or refined 
by such person, as the case may be, during the previous calendar year. 
Petroleum products imported and stored in the Industrial Petroleum 
Reserve shall be exempt from any tariff or import license fee. 
(c) The Administrator shall implement this section in a manner 
which is appropriate to the maintenance of an economically sound 
and competitive petroleum industry. The Administrator shall take 
such steps as are necessary to avoid inequitable economic impacts on 
refiners and importers, and he may grant relief to any refiner or 
importer who would otherwise incur special hardship, inequity, or 
unfair distribution of burdens as the result of any rule, regulation, 
or order promulgated under this section. Such relief may include full 
or partial exemption from any such rule, regulation, or order and the 
issuance of an order permitting such an importer or refiner to store 
petroleum products owned by such importer or refiner in surplus 
storage capacity owned by the iQnited States. 
Establishment. 
42 use 6236. 
Relief. 
REGIOXAL PETROLEUM RESERVE 
SEC. 157. (a) The Strategic Petroleum Reserve Plan shall provide 42 U
S
C 6237. 
for the establishment and maintenance of a Regional Petroleum 
Reserve in, or readilv accessible to, each Federal Energy Adminis-
tration Region, as defined in title 10, Code of Federal Regulations in 
effect on November 1, 1975, in which imports of residual fuel oil or 
any refined petroleum product, during the 24-month period preceding 
the date of computation, equal more than 20 percent of demand for such 
oil or product in such regions during such period, as determined by the 
Administrator. Such volume shall be computed annually. 
(b) To implement the Strategic Petroleum Reserve Plan, the 
Administrator shall accumulate and maintain in or near any such 
Federal Energy Administration Region described in subsection (a), a 
Regional Petroleum Reserve containing volumes of such oil or product, 
described in subsection (a), at a level adequate to provide substantial 
protection against an interruption or reduction in imports of such oil 
or product to such region, except that the level of any such Regional 
Petroleum Reserve shall not exceed the aggregate volume of imports 
of such oil or product into such region during the period of the 3 con-
secutive months, during the 24-month period specified in subsection 
1QA r*
'77
«n
89 STAT. 886 
PUBLIC LAW 94-163—DEC. 22, 1975 
(a), in which average monthly import levels were the highest, as deter-
mined by the Administrator. Such volume shall be computed annually, 
(c) The Administrator may place in storage crude oil, residual fuel 
oil, or any refined petroleum product in substitution for all or part of 
the volume of residual fuel oil or any refined petroleum product stored 
in any Eegional Petroleum Reserve pursuant to the provisions of this 
section if he finds that such substitution (1) is necessary or desirable 
for purposes of economy, efficiency, or for other reasons, and (2) may 
be made without delaying or otherwise adversely affecting the fulfill-
ment of the purpose of the Regional Petroleum Reserve. 
Report to 
Congress. 
42 use 6238. 
OTHER STORAGE RESERVES 
SEC. 158. Within 6 months after the Strategic Petroleum Reserve 
Plan is transmitted to the Congress, pursuant to the requirements of 
section 154(b), the Administrator shall prepare and transmit to the 
Congress a report setting forth his recommendations concerning the 
necessity for, and feasibility of, establishing— 
(1) Utility Reserves containing coal, residual fuel oil, and 
refined petroleum products, to be established and maintained by 
major fossil-fuel-fired baseload electric power generating stations; 
(2) Coal Reserves to consist of (A) federally-owned coal which 
is mined by or for the United States from Federal lands, and (B) 
Federal lands from which coal could be produced with minimum 
delay; and 
(3) Remote Crude Oil and Natural Gas Reserves consisting 
of crude oil and natural gas to be acquired and stored by the 
United States, in place, pursuant to a contract or other agree-
ment or arrangement entered into between the United States and 
persons who discovered such oil or gas in remote areas. 
42 u s e 6239. 
Post, p. 965. 
Proposals, 
transmittal to 
Congress. 
Amendments to 
plans and 
explanatory 
statement, 
transmittal to 
REVIEW BY CONGRESS AND IMPLEMENTATION 
SEC. 159. (a) The Strategic Petroleum Reserve Plan shall not 
become effective and may not be implemented, unless— 
(1) the Administrator has transmitted such Plan to the Con-
gress pursuant to section 154(b); and 
(2) neither House of Congress has disapproved (or both 
Houses have approved) such Plan, in accordance with the proce-
dures specified in section 551. 
(b) For purposes of congressional review of the Strategic Petro-
leum Reserve Plan under subsection (a), the 5 calendar days described 
in section 551(f) (4) (A) shall be lengthened to 15 calendar days, and 
the 15 calendar days described in section 551 (c) and (d) shall be 
lengthened to 45 calendar days. 
(c) The Administrator may, prior to transmittal of the Strategic 
Petroleum Reserve Plan, prepare and transmit to the Congress pro-
posals for designing, constructing, and filling storage or related facil-
ities. Any such proposal shall be accompanied by a statement 
explaining (1) the need for action on such proposals prior to comple-
tion of such Plan, (2) the anticipated role of the proposed storage 
or related facilities in such Plan, and (3) to the maximum extent 
practicable, the same or similar assessments, statements, estimates, 
evaluations, projections, and other information which section 154(e) 
requires to be included in the Strategic Petroleum Reserve Plan. 
(d) The Administrator may prepare amendments to the Strategic 
Petroleum Reserve Plan or to the Early Storage Reserve Plan. He 
shall transmit any such amendment to the Congress together with a 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 887 
statement explaining the need for such amendment and, to the maxi-
mum extent practicable, the same or similar assessments, statements, 
estimates, evaluations, projections, and other information which sec-
tion 154(e) requires to be included in the Strategic Petroleum Reserve 
Plan. 
(e) Any proposal transmitted under subsection (c) and any amend-
ment transmitted under subsection (d), other than a technical or 
clerical amendment or an amendment to the Early Storage Reserve 
Plan, shall not become effective and may not be implemented unless— 
(1) the Administrator has transmitted such proposal or amend-
ment to the Congress in accordance with subsection (c) or (d) (as 
the case may be), and 
(2) neither House of Congress has disapproved (or both 
Houses of Congress have approved) such proposal or amendment, 
in accordance with the procedures specified in section 551. 
(f) To the extent necessary or appropriate to implement— 
(1) the Strategic Petroleum Reserve Plan which has taken effect 
pursuant to subsection (a); 
(2) the Early Storage Reserve Plan; 
(3) any proposal described in subsection (c), or any amendment 
described in subsection (d), which such proposal or amendment 
has taken effect pursuant to subsection (e); and 
(4) any technical or clerical amendment or any amendment to 
the Early Storage Reserve Plan, 
the Administrator may: 
(A) promulgate rules, regulations, or orders; 
Rules and 
(B) acquire by purchase, condemnation, or otherwise, land or regulations, 
interests in land for the location of storage and related facilities; 
(C) construct, purchase, lease, or otherwise acquire storage and 
related facilities; 
(D) use, lease, maintain, sell, or otherwise dispose of storage 
and related facilities acquired pursuant to this part; 
(E) acquire, subject to the provisions of section 160, by 
purchase, exchange, or otherwise, petroleum products for storage 
in the Strategic Petroleum Reserve, including the Early Storage 
Reserve and the Regional Petroleum Reserve; 
(F) store petroleum products in storage facilities owned and 
controlled by the United States or in storage facilities owned 
by others if such facilities are subject to audit by the United 
States; 
(G) execute any contracts necessary to carry out the provisions 
of such Strategic Petroleum Reserve Plan, Early Storage Reserve 
Plan, proposal or amendment; 
(H) require any importer of petroleum products or any refiner 
to (A) acquire, and (B) store and maintain in readily available 
inventories, petroleum products in the Industrial Petroleum 
Reserve, pursuant to section 156; 
(I) require the storage of petroleum products in the Industrial 
Petroleum Reserve, pursuant to section 156, on such reasonable 
terms as the Administrator may specify in storage facilities owned 
and controlled by the United States or in storage facilities other 
than those owned by the United States if such facilities are 
subject to audit by the United States; 
(J) require the maintenance of the Industrial Petroleum 
Reserve; 
(K) maintain the Reserve; and 
(L) bring an action, whenever he deems it necessary to imple- Condemnation 
ment the Strategic Petroleum Reserve Plan, in any court having proceeding. 
89 STAT. 888 
PUBLIC LAW 94-163—DEC. 22, 1975 
jurisdiction of such 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 thereon or used therewith, 
(g) Before any condemnation proceedings are instituted, an effort 
shall be made to acquire the property involved by negotiation, unless, 
the effort to acquire such property by negotiation would, in the judg-
ment of the Administrator be futile or so time-consuming as to 
unreasonably delay the implementation of the Strategic Petroleum 
Reserve Plan, because of (1) reasonaible doubt as to the identity of the 
owners, (2) the large number of persons with whom it would be 
necessary to negotiate, or (3) other reasons. 
PETROLEUM PRODUCTS FOR STORAGE IN THE RESERVE 
42 use 6240. 
SEC. 160. (a) The Administrator is authorized, for purposes of 
implementing the Strategic Petroleum Reserve Plan or the Early 
Storage Reserve Plan, to place in storage, transport, or exchange— 
(1) crude oil produced from Federal lands, including crude 
oil produced from the Naval Petroleum Reserves to the extent 
that such production is authorized by law; 
(2) cnide oil which the United States is entitled to receive in 
kind as royalties from production on Federal lands; and 
(3) petroleum products acquired by purchase, exchange, or 
otherwise. 
(b) The Administrator shall, to the greatest extent practicable, 
acquire petroleum products for the Reserve, including the Early 
Storage Reserve and the Regional Petroleum Reserve in a manner con-
sonant with the following objectives: 
(1) minimization of the cost of the Reserve; 
(2) orderly development of the Naval Petrolevim Reserves to 
the extent authorized by law; 
(3) minimization of the Nation's vulnerability to a severe 
energy supply interruption; 
(4) minimization of the impact of such acquisition upon supply 
levels and market f 
oi'ces; and 
(5) encouragement of competition in the petroleum industry. 
DRAWDOWN AND DISTRIBUTION OF THE RESERVE 
42 use 6241. 
SEC. 161. (a) The Administrator may drawdown and distribute 
the Reserve only in accordance with the provisions of this section. 
(b) Except as provided in subsections (c) and (f), no drawdown 
and distribution of the Reserve may be made except in accordance 
with the provisions of the Distribution Plan contained in the Strategic 
Petroleum Reserve Plan which has taken effect pursuant to section 
159(a). 
(c) Drawdown and distribution of the Early Storage Reserve may 
be made in accordance with the provisions of the Distribution Plan 
contained in the Early Storage Reserve Plan until the Strategic 
Petroleum Reserve Plan has taken effect pursuant to section 159(a). 
(d) Neither the Distribution Plan contained in the Strategic Petro-
leum Reserve Plan nor the Distribution Plan contained in the Early 
Storage Reserve Plan may be implemented, and no drawdown and 
distribution of the Reserve or the Early Storage Reserve may be made, 
unless the President has found that implementation of either such 
Distribution Plan is required by a severe energy supply interruption 
or by obligations of the United States under the international energy 
program. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT.. 889 
(e) The Administrator may, by rule, provide for the allocation of Rules, 
any petroleum product withdrawn from the Strategic Petroleum 
Reserve in amounts specified in (or determined in a manner pre-
scribed by) and at prices specified in (or determined in a manner 
prescribed by) such rules. Such price levels and allocation procedures 
shall be consistent with the attainment, to the maximum extent prac-
ticable, of the objectives specified in section 4(b) (1) of the Emergency 
Petroleum Allocation Act of 1973. 
15 U
S
C 753. 
(f) The Administrator may permit any importer or refiner who 
owns any petroleum products stored in the Industrial Petroleum 
Reserve pursuant to section 156 to remove or otherwise dispose of 
such products upon such terms and conditions as the Administrator 
may prescribe. 
COORDINATION WITH IMPORT QUOTA SYSTEM 
SEC. 162. Xo quantitative restriction on the importation of any 
petroleum pi"oduct 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. 
42 USC 6242. 
DISCLOSURE, INSPECTION, INVESTIGATION 
SEC. 163. (a) The Administrator may require any person to prepare 
and maintain such records or accounts as the Administrator, by rule, 
determines necessary to carry out the purposes of this part. 
(b) The Administrator 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) The Administrator 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. 
Recordkeeping. 
42 USC 6243. 
Audit. 
Access. 
NAVAL PETROLEUM RESERVES STUDY 
SEC. 164. The Administrator shall, in cooperation and consultation 
with the Secretary of the Navy and the Secretary of the Interior, 
develop and submit to the Congress within 180 days after the date of 
enactment of this Act, a written report recommending procedures for 
the exploration, development, and production of Naval Petroleum 
Reserve Number 4. Such report shall include recommendations for pro-
tecting the economic, social, and environmental interests of Alaska 
Natives residing within the Naval Petroleum Reserve Number 4 and 
analyses of arrangements which provide for (1) participation by pri-
vate industry and private capital, and (2) leasing to private industry. 
The Secretary of the Navy and the Secretary of the Interior shall coop-
erate fully with one another and with the Administrator; the Secre-
tary of the Navy shall provide to the Administrator and Secretary of 
the Interior all relevant data on Naval Petroleum Reserve Number 4 
in order to assist the Administrator in the preparation of such report. 
Report to 
Congress. 
42 USC 6244. 
ANNUAL REPORTS 
SEC. 165. The Administrator shall report to the President and the 
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— 
Report to 
Congress and 
President. 
42 USC 6245. 
89 STAT. 890 
PUBLIC LAW 94-163—DEC. 22, 1975 
(1) a detailed statement of the status of the Strategic Petro-
leum 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 sup-
plies of petroleum products; 
(4) a summary of existing problems with respect to further 
implementation of the Early Storage Reserve Plan and the Stra-
tegic Petroleum Reserve Plan; and 
(5) any recommendations for supplemental legislation deemed 
necessary or appropriate by the Administrator to implement the 
provisions of this part. 
AUTHORIZATION' OP APPROPRIATIONS 
42 use 6246. 
SEC. 166. There are authorized to be appropriated—• 
(1) such funds as are necessary to develop and implement the 
Early Storage Reserve Plan (including planning, administration, 
acquisition, and construction of storage and related facilities) and 
as are necessary to permit the acquisition of petroleum products 
for storage in the Early Storage Reserve or, if the Strategic Petro-
leum Reserve Plan has become effective under section 159(a), 
for storage in the Strategic Petroleum Reserve in the minimum 
volume specified in section 154(a) or 155(a)(2), whichever is 
applicable; and 
(2) $1,100,000,000 to remain available until expended to carry 
out the provisions of this part to develop the Strategic Petroleum 
Reserve Plan and to implement such plan which has taken effect 
pursuant to section 159(a), including planning, administration, 
and acquisition and construction of storage and related facilities, 
but no funds are authorized to be appropriated under this para-
§raph for the purchase of petroleum products for storage m the 
trategic Petroleum Reserve. 
TITLE II—STANDBY ENERGY AUTHORITIES 
PART A—GENERAL EMERGENCY AUTHORITIES 
Plans, transmittal 
to Congress. 
42 use 6261. 
"Contingency 
plan." 
CONDITIONS OF EXERCISE OF ENERGY CONSERVATION AND RATIONING 
AUTHORITIES 
SEC. 201. (a) (1) Within 180 days after the date of enactment of this 
Act, the President shall transmit to the Congress pursuant to subsec-
tion (b) (1) one or more energy conservation contingency plans and a 
rationing contingency plan. The President may at any time submit 
additional contingency plans. A contingency plan may become effec-
tive only as provided in this section. Such plan may remain in effect 
for a period specified in the plan but not more than 9 months, unless 
earlier rescinded by the President. 
(2) For purposes of this section, the term "contingency plan" 
means— 
(A) an energy conservation contingency plan prescribed under 
section 202; or 
(B) a rationing contingency plan prescribed under section 
203. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 891 
(b) Except as otherwise provided in subsection (d) or (e) and sub-
ject to the requirements of subsection (c), no contingency plan may 
become effective, unless— 
(1) the President has transmitted such contingency plan to 
the Congress in accordance with section 552(a); 
Post, p. 967. 
(2) such contingency plan has been approved by a resolution 
by each House of Congress in accordance with the procedures 
specified in section 552; and 
(3) after approval of such contingency plan the President— 
(A) has found that putting such contingency plan into 
effect is required by a severe energy supply interruption or 
in order to fulfill obligations of the United States under the 
international energy program, and 
(B) has transmitted such finding to the Congress, together 
with a statement of the effective date and manner for exercise 
of such plan. 
(c) In addition to the requirements of subsection (b), a rationing 
contingency plan approved under subsection (b) (2) may not become 
effective unless— 
(1) the President has transmitted to the Congress in accordance 
with section 551 (b) a request to put such rationing contingency Post, p. 965. 
plan into effect, and 
(2) neither house of Congress has disapprov^ed (or both Houses 
have approved) such request in accordance wath the procedures 
specified in section 551. 
(d) (1) Except as provided in paragraph (2) or (3), a contingency Plan 
plan may not be amended unless the Pi'esident has transmitted such amendments, 
amendment to the Congress in accordance with section 552 and each transmittal to 
House of Congress has approved such amendment in accordance with 
ong^'^^*-
the procedures specified in section 552. 
(2) An amendment to a contingency plan which is transmitted 
to the Congress during any period in which such plan is in effect 
may take effect if the President has transmitted such amendment to 
the Congress in accordance with section 551(b) and neither House of 
Congress has disapproved (or both Houses have approved) such 
amendment in accordance with the procedures specified in section 551. 
(3) The President may prescribe technical or clerical amendments 
to a contingency plan in accordance with section 523. 
Post, p. 962. 
(e) Beginning at any time during the 90-day period which begins 
on the date of enactment of this Act, the President may put a con-
tingency plan into effect for a period of not more than 60 days if— 
(1) the President— 
(A) has found that putting such contingency plan into 
effect is required by a severe energy supply interruption or 
is necessary to comply with obligations of the United States 
under the international energy program; and 
(B) has transmitted such contingency plan to the Congress 
in accordance with section 551 (b), together with a request to 
put such plan into effect; and 
(2) neither House of Congress has disapproved (or both Houses 
have approved) such request in accordance with the procedures 
specified in section 551. 
(f) Any contingency plan which the President transmits to the 
Congress pursuant to subsection (b)(1) or (e)(1)(B) shall contain 
a specific statement explaining the need for and the rationale and 
operation of such plan and shall be based upon a consideration of, and 
to the extent practicable, be accompanied by an evaluation of, the 
potential economic impacts of such plan, including an analysis of— 
89 STAT. 892 
PUBLIC LAW 94-163—DEC. 22, 1975 
(1) any effects of such plan on— 
(A) vital industrial sectors of the economy; 
(B) employment (on a national and regional basis); 
(C) the economic vitality of States and regional areas; 
(D) the availability and price of consumer goods and 
services; and 
(E) the gross national product; and 
(2) any potential anticompetitive effects. 
42 use 6262. 
Post, p. 962. 
"Energy 
conservation 
contingency 
plan." 
ENERGr CONSERVATION CONIINGENCY PLANS 
SEC. 202. (a) (1) The President shall prescribe, in accordance with 
section 523(a), one or more energy conservation contingency plans. 
As used in this section, the term "energy conservation contingency 
plan" means a plan which imposes reasonable restrictions on the public 
or private use of energy which are necessary to reduce energy con-
sumption. In prescribing energy conservation contingency plans, the 
President shall take into consideration the mobility needs of the 
handicapped, as defined in section 203(a) (2) (B). 
(2) An energy conservation contingency plan prescribed under this 
section may not— 
(A) impose rationing or any tax, tariff, or user fee; 
(B) contain any provision respecting the price of petroleum 
products; or 
(C) provide for a credit or deduction in computing any tax. 
(b) An energy conservation contingency plan shall apply in each 
State or political subdivision thereof, except such plan may provide 
for procedures for exempting any State or political subdivision thereof 
from such plan, in whole or part, during a period for which (1) the 
President determines a comparable program of such State or political 
subdivision is in effect, or (2, the President finds special circumstances 
exist in such State or political subdivision. 
(c) Any energy consei'vation contingency plan shall not deal with 
more than one logically consistent subject matter. 
RATIONING CONTINGENCY PLAN 
Rules. 
SEC 203. (a) (1) The President shall prescribe, by rule in accord-
42 use 6263. 
ance with section 523(a) of this Act, a rationing contingency plan 
which shall, for purposes of enforcement under section 5 of the 
15 use 754. 
Emergency Petroleum Allocation Act of 1973, be deemed a part of the 
regulation under section 4(a) of the Emergency Petroleum Alloca-
15 use 753. 
tion Act of 1973 and which shall provide, consistent with the attain-
ment, to the maximum extent practicable, of the objectives specified 
in section 4(b)(1) of such Act— 
(A) for the establishment of a program for the rationing and 
ordering of priorities among classes of end-users of gasoline and 
diesel fuel used in motor vehicles, and 
(B) for the assignment of rights, and evidence of such rights, 
to end-users of gasoline and such diesel fuel, entitling such end-
users to obtain gasoline or such diesel fuel in precedence to other 
classes of end-users not similarly entitled. 
(2) (A) For purposes of paragraph (1), the objectives specified 
in section 4(b)(1) of the Emergency Petroleum Allocation Act of 
1973 shall be deemed to include consideration of the mobility needs 
of handicapped persons and their convenience in obtaining the end-
user's rights specified in paragraph (1). 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 893 
(B) For purposes of this part, the term "handicapped person" "Handicapped 
means any individual who, by reason of disease, injury, age, con- person." 
genital malfunction, or other permanent incapacity or disability, is 
unable without special facilities, planning or design to utilize mass 
transportation vehicles, facilities, and services and who has a sub-
stantial, permanent impediment to mobility. 
(b) Any finding required to be made by the President pursuant to 
section 201(b) (3) and any request to put a rationing contingency plan 
into effect pursuant to section 201(e) shall be accompanied by a find-
ing of the President that such plan is necessary to attain, to the maxi-
mum extent practicable, the objectives specified in section 4(b) (1) of 
the Emergency Petroleum Allocation Act of 1973 and the purposes 15 U
S
C 753. 
of this Act. 
(c) The President shall, by order under section 4 of the Emergency 
Petroleum Allocation Act of 1973, for the purpose of carrying out a 
rationing contingency plan which is in effect, cause such adjustments 
to be made in the allocations made pursuant to the regulation under 
section 4(a) of such Act as the President determines to be necessary 
to carry out the purposes of this section and to be consistent with the 
attainment, to the maximum extent practicable, of the objectives speci-
fied in section 4(b) (1) of such Act and the purposes of this Act. 
(d) (1) The President shall, to the extent practicable, provide for 
the use of local boards described in paragraph (2) with authority to— 
(A) receive petitions from any end-user of gasoline and diesel 
fuel used in motor vehicles with respect to the priority and entitle-
ment of such user under a rationing contingency plan, and 
(B) order a reclassification or modification of any determina-
tion made under a rationing contingency plan with respect to such 
end-user's rationing priority or rights specified in paragraph (1). 
Such boards shall operate under the procedures prescribed by the 
President by rule. 
(2) Not later than 30 days after the date of the approval of a ration-
ing contingency plan pursuant to section 201(b)(2), the President 
shall, by rule, prescribe— 
(A) criteria for delegation of his functions, in whole or part, 
under this Act with respect to such rationing contingency plan to 
officers or local boards (of balanced composition reflecting the 
community as a whole) of States or political subdivisions thereof; 
and 
(B) procedures for petitioning for the receipt of such 
delegation. 
(3) (A) Officers or local boards of States or political subdivisions Petition, 
thereof, following the establishment of criteria and procedures under 
paragraph (2), may petition the President to receive delegation under 
such paragraph. 
(B) The President shall, within 30 days after the date of the receipt 
of any such petition which is properly submitted, grant or deny such 
petition. 
(e) No rationing contingency plan under this section may— 
(1) impose any tax, 
(2) provide for a credit or deduction in computing any tax, or 
(3) impose any user fee, except to the extent necessary to defray 
the cost of administering the rationing contingency plan or 
to provide for initial distribution of end-user rights specified in 
paragraph (1). 
(f) Notwithstanding section 531, all authority to carry out any Post, p. 965. 
rationing contingency plan shall expire on the same date as authority 
89 STAT. 894 
PUBLIC LAW 94-163—DEC. 22, 1975 
to issue and enforce rules and orders under the Emergency Petroleum 
15 use 751 note. 
Allocation Act of 1973. 
PART B—^AUTHORITIES W I T H RESPECT TO INTERNATIONAL 
ENERGY PROGRAM 
INTERNATIONAL OIL ALLOCATION 
42 use 6271. 
SEC. 251. (a) The President may, by rule, require that persons 
engaged in producing, transporting, refining, distributing, or storing 
petroleum products, take such action as he determines to be necessary 
for implementation of the obligations of the United States under 
chapters I I I and I V of the international energy program insofar as 
such obligations relate to the international allocation of petroleum 
products. Allocation under such rule shall be in such amounts and at 
such prices as are specified in (or determined in a manner prescribed 
by) such rule. Such rule may apply to any petroleum product owned 
or controlled by any person described in the first sentence of this 
subsection who is subject to the jurisdiction of the United States, 
including any petroleum product destined, directly or indirectly, for 
import into the United States or any foreign country, or produced 
in the United States. Subject to subsection (b) (2), such a rule shall 
remain in effect until amended or rescinded by the President. 
Rule, transmittal 
(b) (1) No rule under subsection (a) may take effect unless the 
to Congress. 
President— 
(A) has transmitted such rule to the Congress; 
(B) has found that putting such rule into effect is required in 
order to fulfill obligations of the United States under the inter-
national energy program; and 
(C) has transmitted such finding to the Congress, together with 
a statement of the effective date and manner for exercise of 
such rule. 
(2) No rule under subsection (b) may be put into effect or remain 
in effect after the expiration of 12 months after the date such rule 
was transmitted to Congress under paragraph ( 1 ) ( A ) . 
(c) (1) Any rule under this section shall be consistent with the 
attainment, to the maximum extent practicable, of the objectives 
specified in section 4(b) (1) of the Emergency Petroleum Allocation 
15 use 753. 
Act of 1973. 
(2) No officer or agency of the United States shall have any 
authority, other than authority under this section, to require that 
petroleum products be allocated to other countries for the purpose 
of implementation of the obligations of the United States under the 
international energy program. 
(d) Neither section 103 of this Act nor section 28(u) of the 
30 use 185. 
Mineral Leasing Act of 1920 shall preclude the allocation and export, 
to other countries in accordance with this section, of petroleum prod-
ucts produced in the United States. 
Effective date. 
42 use 6272. 
INTERNATIONAL VOLUNTARY AGREEMENTS 
SEC. 252. (a) Effective 90 days after the date of enactment of 
this Act, the requirements of this section shall be the sole procedures 
applicable to— 
(1) the development or carrying out of voluntary agreements 
and plans of action to implement the allocation and informa-
tion provisions of the international energy program, and 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 895 
Standards and 
procedures. 
(2) the availability of immunity from the antitrust laws with 
respect to the development or carrying out of such voluntary 
agreements and plans of action. 
(b) The Administrator, with the approval of the Attorney General, 
after each of them has consulted with the Federal Trade Commission 
and the Secretary of State, shall prescribe, by rule, standards and 
procedures by which persons engaged in the business of producing, 
transporting, refining, distributing, or storing petroleum products 
may develop and carry out voluntary agreements, and plans of action, 
which are required to implement the allocation and information pro-
visions of the international energy program. 
(c) The standards and procedures prescribed under subsection (b) 
shall include the following requirements: 
(l)(A)(i) Except as provided in clause (ii) or (iii) of this Meetings, notice, 
subparagraph, meetings held to develop or carry out a voluntary 
agreement or plan of action under this subsection shall permit 
attendance by representatives of committees of Congress and 
interested persons, including all interested segments of the petro-
leum industry, consumers, and the public; shall be preceded by 
timely and adequate notice with identification of the agenda of 
such meeting to the Attorney General, the Federal Trade Com-
mission, committees of Congress, and (except during an inter-
national energy supply emergency with respect to meetings to 
carry out a voluntarj^ agreement or to develop or carry out a plan 
of action) the public; and shall be initiated and chaired by a 
regular full-time Federal employee. 
(ii) Meetings of bodies created by the International Energy 
Agency established by the international energy program need not 
be open to interested persons and need not be initiated and chaired 
by a regular full-time Federal employee. 
(iii) The President, in consultation with the Administrator, 
the Secretary of State, and the Attorney General, may determine 
that a meeting held to carry out a voluntary agreement or to 
develop or carry out a plan of action shall not be open to interested 
persons or that attendance by interested persons may be limited, 
if the President finds that a wider disclosure would be detrimental 
to the foreign policy interests of the United States. 
(B) No meetings may be held to develop or carry out a volun-
tary agreement or plan of action under this section unless a regular 
full-time Federal employee is present. 
(2) Interested persons permitted to attend such a meeting shall 
be afforded an opportunity to present, in writing and orally, 
data, views, and arguments at such meetings, subject to any 
reasonable limitations with respect to the manner of presentation 
of data, views, and arguments as the Administrator may impose. 
(3) A full and complete record, and where practicable a 
verbatim transcript, shall be kept of any meeting held, and a full 
and complete record shall be kept of any communication (other 
than in a meeting) made, between or among participants or poten-
tial participants, to develop, or carry out a voluntary agreement 
or a plan of action under this section. Such record or transcript Availability, 
shall be deposited, together with any agreement resulting there-
from, with the Administrator, and shall be available to the Attor-
ney General and the Federal Trade Commission. Such records or 
transcripts shall be available for public inspection and copying in 
accordance with section 552 of title 5, United States Code; except 
that (A) matter may not be withheld from disclosure under section 
552(b) of such title on grounds other than the grounds specified 
Comments. 
Record and 
transcript. 
89 STAT. 896 
PUBLIC LAW 94-163—DEC. 22, 1975 
5 use 552. 
Publication in 
Federal Register. 
Rules. 
in section 552 (b) (1), (b) (3), or so much, of (b) (4) as relates to 
trade secrets; and (B) in the exercise of authority under section 
552 (b) (1), the President shall consult with the Secretary of State, 
the Administrator, and the Attorney General with respect to 
questions relating to the foreign policy interests of the United 
States. 
(4) No provision of this section may be exercised so as to prevent 
representatives of committees of Congress from attending meet-
ings to which this section applies, or from having access to any 
transcripts, records, and agreements kept or made under this 
section. 
(d) (1) The Attorney General and the Federal Trade Commission 
shall participate from the beginning in the development, and when 
practicable, in the carrying out of voluntary agreements and plans of 
action authorized under this section. Each may propose any alternative 
which would avoid or overcome, to the greatest extent practicable, 
possible anticompetitive effects while achieving substantially the pur-
poses of this part. A voluntary agreement or plan of action under this 
section may not be carried out unless approved by the Attorney Gen-
eral, after consultation with the Federal Trade Commission. Prior to 
the expiration of the period determined under paragraph (2), the 
Federal Trade Commission shall transmit to the Attorney General its 
views as to whether such an agreement or plan of action should be 
approved, and shall publish such views in the Federal Register. The 
Attorney General, in consultation with the Federal Trade Commission, 
the Secretary of State, and the Administrator, shall have the right to 
review, amend, modify, disapprove, or revoke, on his own motion or 
upon the request of the Federal Trade Commission or any interested 
person, any voluntary agreement or plan of action at any time, and, if 
revoked, thereby withdraw prospectively any immunity which may be 
conferred by subsection (f) or (k). 
(2) Any voluntary agreement or plan of action entered into pur-
suant to this section shall be submitted in writing to the Attorney 
General and the Federal Trade Commission 20 days before being 
implemented; except that during an international energy supply emer-
gency, the Administrator, subject to approval of the Attorney General, 
may reduce such 20-day period. Any such agreement or plan of 
action shall be available for public inspection and copying, except 
that a plan of action shall be so available only to the extent to which 
records or transcripts are so available as provided in the last sentence 
of subsection (c)(3). Any action taken pursuant to such voluntary 
agreement or plan of action shall be reported to the Attomev General 
and the Federal Trade Commission pursuant to such regulations as 
shall be prescribed under paragraphs (3) and (4) of subsection (e). 
(3) A plan of action may not be approved by the Attorney General 
under this subsection unless such plan (A) describes the types of 
substantive actions which may be taken under the plan, and (B) is as 
specific in its description of proposed substantive actions as is reason-
able in light of known circumstances. 
(e) (1) The Attorney General and the Federal Trade Commission 
shall monitor the development and carrying out of voluntary agree-
ments and plans of action authorized under this section in order to 
promote competition and to prevent anticompetitive practices and 
effects, while achieving substantially the purposes of this part. 
(2) In addition to any requirement specified under subsections (b) 
and (c) of this section and in order to carry out the purposes of 
this section, the Attorney General, in consultation with the Federal 
Trade Commission and the Administrator, shall promulgate rules 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 897 
concerning the maintenance of necessary and appropriate records 
related to the development and carrying out of voluntary agreements 
and plans of action authorized pursuant to this section. 
(3) Persons developing or carrying out voluntary agreements and 
plans of action authorized pursuant to this section shall maintain such 
records as are required by rules promulgated under paragraph (2). 
The Attorney General and the Federal Trade Commission shall have 
access to and the right to copy such records at reasonable times and 
upon reasonable notice. 
(4) The Attorney General and the Federal Trade Commission may 
each prescribe such rules as may be necessary or appropriate to carry 
out their respective responsibilities under this section. They may both 
utilize for such purposes and for purposes of enforcement any powers 
conferred upon the Federal Trade Commission or the Department of 
Justice, or both, by the antitrust laws or the Antitrust Civil Process 
Act; and wherever any such law refers to "the purposes of this Act" 
or like terms, the reference shall be understood to include this section. 
(f) (1) There shall be available as a defense to any civil or criminal 
action brought under the antitrust laws (or any similar State law) in 
respect to actions taken to develop or carry out a voluntary agreement 
or plan of action by persons engaged in the business of producing, 
transporting, refining, distributing, or storing petroleum products 
(provided that such actions were not taken for the purpose of injuring 
competition) that— 
(A) such actions were taken— 
(i) in the course of developing a voluntary agreement or 
plan of action pursuant to this section, or 
(ii) to carry out a voluntary agreement or plan of action 
authorized and approved in accordance with this section, and 
(B) such persons complied w^ith the requirements of this sec-
tion and the rules promulgated hereunder. 
(2) Except in the case of actions taken to develop a voluntary 
agreement or plan of action, the defense provided in this subsection 
shall be available only if the person asserting the defense demonstrates 
that the actions were specified in, or within the reasonable contem-
plation of, an approved plan of action. 
(3) Persons interposing the defense provided by this subsection 
shall have the burden of proof, except that the burden shall be on the 
person against whom the defense is asserted with respect to whether 
the actions were taken for the purpose of injuring competition. 
(g) No provision of this section shall be construed as granting 
immunity for, or as limiting or in any way affecting any remedy or 
penalty which may result from any legal action or proceeding arising 
from, any act or practice which occurred prior to the date of enact-
ment of this Act or subsequent to its expiration or repeal. 
(h) Upon the expiration of the 90-day period which begins on the 
date of enactment of this Act, the provisions of sections 708 and 708A 
(other than 708A(o)) of the Defense Production Act of 1950 shall 
not apply to any agreement or action undertaken for the purpose of 
developing or carrying out (1) the international energy program, or 
(2) any allocation, price control, or similar program with respect to 
petroleum products under this Act or under the Emer.orency Petroleum 
Allocation Act of 1973. For purposes of section 708(A) (o) of the 
Defense Production Act of 1950, the effective date of the provisions of 
this Act which relate to international voluntary agreements to carry 
out the International Energy Program shall be deemed to be 90 days 
after the date of enactment of this Act. 
Recordkeeping. 
Accessibility. 
Rules. 
15 use 1311 
note. 
Defenses. 
Burden of proof. 
Ante, pp. 810, 
815. 
50 u s e app. 
2158, 2158a. 
42 u s e 751 note. 
89 STAT. 898 
PUBLIC LAW 94-163—DEC. 22, 1975 
Report to 
President and 
Congress. 
Termination date. 
Defense. 
"International 
energy supply 
emergency." 
Publication in 
Federal Register 
"Allocation and 
information 
provisions of the 
international 
energy program." 
Establishment. 
42 u s e 6273. 
15 u s e 776. 
Notice of 
meetings. 
Meetings, 
verbatim 
transcript. 
Availability. 
Suspension. 
(i) The Attorney General and the Federal Trade Commission shall 
each submit to the Congress and to the President, at least once every 
6 months, a report on the impact on competition and on small business 
of actions authorized by this section. 
(i) The authority granted by this section shall terminate June 30, 
1979. 
(k) In any action in any Federal or State court for breach of 
contract, there shall be available as a defense that the alleged breach 
of contract was caused predominantly by action taken during an 
international energy supply emergency to carry out a voluntary 
agreement or plan of action authorized and approved in accordance 
with this section. 
(1) As used in this section and section 254: 
(1) The term "international energy supply emergency" means 
any period (A) beginning on any date which the President 
determines allocation of petroleum products to nations participat-
ing in the international energy program is required by chapters 
III and IV of such program, and (B) ending on a date on which 
he determines that such allocation is no longer required. Such 
a period may not exceed 90 days, but the President may establish 
one or more additional 90-day periods by making anew the deter-
mination under subparagraph (A) of the preceding sentence. 
Any determination respecting the beginning or end of any such 
period shall be published in the Federal Register. 
(2) The term "allocation and information provisions of the 
international energy program" means the provisions of the inter-
national energy program which relate to international allocation 
of petroleum products and to the information system provided in 
such program. 
ADVISORY COMMITTEES 
SEC. 253. (a) To achieve the purposes of the international energy 
program with respect to international allocation of petroleum products 
and the information system provided in such program, the Adminis-
trator may provide for the establishment of such advisory committees 
as he determines are necessary. In addition to the requirements specified 
in this section, such advisory committees shall be subject to the provi-
sions of section 17 of the Federal Energy Administration Act of 1974 
(whether or not such Act or any of its provisions expire or terminate 
before June 30, 1985); shall be chaired by a regular full-time Federal 
employee; and shall include representatives of the public. The meetings 
of such committees shall be open to the public^ The Attorney General 
and the Federal Trade Commission shall have adequate advance notice 
of any meeting and may have an official representative attend and 
participate in any such meeting. 
(b) A verbatim transcript shall be kept of such advisory committee 
meetings, and shall be deposited with the Attorney General and the 
Federal Trade Commission. Such transcript shall be made available 
for public inspection and copying in accordance with section 552 of 
title 5, United States Code, except that matter may not be withheld 
from disclosure under section 552(b) of such title on grounds other 
than the grounds specified in section 552 (b) (1), (b) (3), and so much 
of (b) (4) as relates to trade secrets, or pursuant to a determination 
under subsection (c). 
(c) The President, after consultation with the Secretary of State, 
the Federal Trade Commission, the Attorney General, and the Admin-
istrator, may suspend the application of— 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 899 
15 use 776. 
Publication in 
Federal Register. 
(1) sections 10 and 11 of the Federal Advisory Committee Act, 5 U
S
C app. I 
(2) subsections (b) and (c) of section 17 of the Federal Energy 
Administration Act of 1974, 
(3) the requirement under subsection (a) of this section that 
meetings be open to the public, and 
(4) the second sentence of subsection (b); 
if the President determines with respect to a particular meeting, (A) 
that such suspension is essential to the developing or carrying out of 
the international energy program, (B) that such suspension relates 
solely to the purpose of international allocation of petroleum products 
and the information system provided in such program, and (C) that 
the meeting deals with matters described in section 552(b) (1) of title 
5, United States Code. Such determination by the President shall be 
in writing, shall set forth a detailed explanation of reasons justifying 
the granting of such suspension, and shall be published in the Federal 
Register at a reasonable time prior to the effective date of any such 
suspension. 
EXCHANGE OF INFORMATIGN 
SEC. 254. (a) (1) Except as provided in subsections (b) and (c), the 42 U
S
C 6274. 
Administrator, after consultation with the Attorney General, may pro-
vide to the Secretary of State, and the Secretary of State may 
transmit to the International Energy Agency established by the inter-
national energy program, the information and data related to the 
energy industry certified by the Secretary of State as required to be 
submitted under the international energy program. 
(2) (A) Except as provided in subparagraph (B) of this para-
graph, any such information or data which is geological or geo-
physical information or a trade secret or commercial or financial 
information to which section 552 (b) (9) or (b) (4) of title 5, United 
States Code, applies shall, prior to such transmittal, be aggregated, 
accumulated, or otherwise reported in such manner as to avoid, to 
the fullest extent feasible, identification of any person from whom the 
United States obtained such information or data, and in the case of 
geological or geophysical information, a competitive disadvantage to 
such person. 
(B) (i) Notwithstanding subparagraph (A) of this paragraph, 
during an international energy supply emergency, any such informa-
tion or data with respect to the international allocation of petroleum 
products may be made available to the International Energy Agency 
if otherwise authorized to be made available to such Agency by para-
graph (1) of this subsection. 
(ii) Subparagraph (A) shall not apply to information described 
in subparagraph (A) (other than geological or geophysical informa-
tion) if the President certifies, after opportunity for presentation of 
views by interested persons, that the International Energy Agency 
has adopted and is implementing security measures which assure that 
such information will not be disclosed by such Agency or its employees 
to any person or foreign country without having been aggregated, 
accumulated, or otherwise reported in such manner as to avoid identi-
fication of any person from whom the United States obtained such 
information or data. 
(3) (A) Within 90 days after the date of enactment of this Act, Review, 
and periodically thereafter, the President shall review the operation 
of this section and shall determine whether other signatory nations 
to the international energy program are transmitting information 
and data to the International Energy Agency in substantial compliance 
with such program. If the President determines that other nations 
89 STAT. 900 
PUBLICXAW 94-163—DEC. 22, 1975 
are not so complying, paragraph (2)(B)(ii) shall not apply until 
he determines other nations are so complying. 
(B) Any person who believes he has been or will be damaged by 
the transmittal of information or data pursuant to this section shall 
have the right to petition the President and to request changes in 
procedures which will protect such person from any competitive 
damage. 
(b) If the President determines that the transmittal of data or 
information pursuant to the authority of this section would prejudice 
competition, violate the antitrust laws, or be inconsistent with United 
States national security interests, he may require that such data or 
information not be transmitted. 
(c) Information and data the confidentiality of which is protected 
by statute shall not be provided by the Administrator to the Secretary 
of State under subsection (a) of this section for transmittal to the 
International Energy Agency, unless the Administrator has obtained 
the specific concurrence of the head of any department or agency which 
has the primary statutory authority for the collection, gathering, or 
obtaining of such information and data. In making a determination 
to concur in providing such information and data, the head of any 
depaitment or agency which has the primary statutory authority for 
the collection, gathering, or obtaining of such information and data 
shall consider the purposes for which such information and data were 
collected, gathered, and obtained, the confidentiality provisions of 
such statutory authority, and the international obligations of the 
United States under the international energy program with respect 
to the transmittal of such information and data to an international 
organization or foreign country. 
(d) For the purposes of carrying out the obligations of the United 
States under the international energy program, the authority to collect 
data granted by sections 11 and 13 of the Energy Supply and Environ-
15 use 796. 
mental Coordination Act and the Federal Energy Administration 
88 Stat. 265. 
Act of 1974, respectively, shall continue in full force and effect without 
15 use 761 note, regard to the provisions of such Acts relating to their expiration. 
(e) The authority under this section to transmit information shall 
be subject to any limitations on disclosure contained in other laws, 
except that such authority may be exercised without regard to— 
(1) section 11(d) of the Energy Supply and Environmental 
Coordination Act of 1974; 
(2) section 14(b) of the Federal Energy Administration Act 
15 use 773. 
of 1974; 
50 use app. 
(3) section 7 of the Export Administration Act of 1969; 
2406. 
(4) section 9 of title 13, United States Code; 
(5) section 1 of the Act of January 27,1938 (15 U.S.C. 176(a)); 
and 
(6) section 1905 of title 18, United States Code. 
RELATIONSHIP OF THIS TITLE TO THE INTERNATIONAL 
ENERGY AGREEMENT 
42 use 6275. 
SEC. 255. The purpose of the Congress in enacting this title is to 
provide standby energy emergency authority to deal with energy 
shortage conditions and to minimize economic dislocations and adverse 
impacts on employment. While the authorities contained in this title 
may, to the extent authorized by this title, be used to carry out obliga-
tions incurred by the United States in connection with the Interna-
tional Energy Program, this title shall not be construed in any way 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 901 
as advice and consent, ratification, endorsement, or other form of 
congressional approval of the specific tei-ms of such program. 
TITLE III—IMPKOVING ENEKGY EFFICIENCY 
PART A—^AUTOMOTIVE FUEL ECONOMY 
AMENDMENT TO MOTOR VEHICLE INFORMATION AND COST SAVINGS ACT 
SEC. 301. The Motor Vehicle Information and Cost Savings Act 
(15 U.S.C. 1901 et seq.) is amended by inserting "(except part A of 
title V)" after "SEC 2. For the purpose of this Act" in section 2 
thereof and by adding at the end of such Act the following new title: 
"TITLE V—IMPROVING AUTOMOTIVE EFFICIENCY 
"PART A—AUTOMOTIVE FUEL ECONOMY 
"DEFINITIONS 
"SEC. 50L For purposes of this part: 
15 USC 2001. 
"(1) The term 'automobile' means any 4-wheeled vehicle pro-
pelled by fuel which is manufactured primarily for use on public 
streets, roads, and highways (except any vehicle operated 
exclusively on a rail or rails), and 
"(A) which is rated at 6,000 lbs. gross vehicle weight or 
less, or 
"(B) which— 
"(i) is rated at more than 6,000 lbs. gross vehicle weight 
but less than 10,000 lbs. gross vehicle weight, 
"(ii) is a type of vehicle for which the Secretary 
determines, by rule, average fuel economy standards 
under this part are feasible, and 
"(iii) is a type of vehicle for which the Secretary 
determines, by rule, average fuel economy standards will 
result in significant energy conservation, or is a type of 
vehicle which the Secretary determines is substantially 
used for the same purposes as vehicles described in sub-
paragraph (A) of this paragraph. 
The Secretary may prescribe such rules as may be necessary to Rules, 
implement this paragraph. 
"(2) The term 'passenger automobile' means any automobile 
(other than an automobile capable of off-highway operation) 
which the Secretary determines by rule is manufactured primarily 
for use in the transportation of not more than 10 individuals. 
"(3) The term 'automobile capable of off-highway operation' 
means any automobile which the Secretary determines by rule— 
"(A) has a significant feature (other than 4-wheel drive) 
which is designed to equip such automobile for off-highway 
operation, and 
"(B) either— 
" (i) is a 4-wheel drive automobile, or 
''(ii) is rated at more than 6,000 pounds gross vehicle 
weight. 
" (4) The term 'average fuel economy' means average fuel econ-
omy, as determined under section 503. 
"(5) The term 'fuel' means gasoline and diesel oil. The Secre-
tary may, by rule, include any other liquid fuel or any gaseous 
67-194 O - 77 - 61 
89 STAT. 902 
PUBLIC LAW 94-163—DEC. 22, 1975 
fuel within the meaning of the term 'fuel' if he determines that 
such inclusion is consistent with the need of the Nation to con-
serve energy. 
"(6) The term 'fuel economy' means the average number of 
miles traveled by an automobile per gallon of gasoline (or equiv-
alent amount of other fuel) consumed, as determined by the 
EPA Administator in accordance with procedures established 
under section 503 (d). 
"(7) The term 'average fuel economy standard' means a per-
formance standard which specifies a minimum level of average 
fuel economy which is applicable to a manufacturer in a model 
year. 
" (8) The term 'manufacturer' means any person engaged in the 
business of manufacturing automobiles. The Secretary shall pre-
scribe rules for determining, in cases where more than one person 
is the manufacturer of an automobile, which person is to be 
treated as the manufacturer of such automobile for purposes of 
this part. 
"(9) The term 'manufacturer' (except for purposes of section 
502(c)) means to produce or assemble in the customs territory of 
the United States, or to import. 
"(10) The term 'import' means to import into the customs 
territory of the United States. 
"(11) The term 'model type' means a particular class of auto-
mobile as determined, by rule, by the EPA Administrator, after 
consultation and coordination with the Secretary. 
"(12) The term 'model year', with reference to any specific cal-
endar year, means a manufacturer's annual production period (as 
determined by the EPA Administrator) which includes January 1 
of such calendar year. If a manufacturer has no annual produc-
tion period, the term 'model year' means the calendar year. 
"(13) 
The 
tei-m 
'Secretary' 
means 
the 
Secretary 
of 
Transportation. 
" (14) The term 'EPA Administrator' means the Administrator 
of the Environmental Protection Agency. 
"AVERAGE FUEL ECONOMY STANDARDS APPLICABLE TO EACH 
MANUFACTURER 
15 use 2002. 
"SEC. 502. (a) (1) Except as otherwise provided in paragraph (4) 
or in subsection (c) or (d), the average fuel economy for passenger 
automobiles manufactured by any manufacturer in any model year 
after model year 1977 shall not be less than the number of miles per 
gallon established for such model year under the following table: 
Average fuel economy standard (in 
"Modelyear: 
miles per gallon) 
1978 
18.0. 
1979 
19.0. 
1980 
20.0. 
1981 
Determined by Secretary under i)ara-
graph (3) of this subsection. 
1982 
Determined by Secretary under para-
graph (3) of this subsection. 
1983 
Determined by Secretary under para-
graph (3) of this subsection. 
1984 
Determined by Secretary under para-
graph (3) of this subsection. 
1985 and thereafter 
27.5. 
Transmittal to 
" (2) Not later than January 15 of each year, beginning in 1977, the 
Congress, 
Secretary shall transmit to each House of Congress, and publish in the 
publication in 
Federal Register. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 903 
Federal Register, a review of average fuel economy standards under 
this part. The review required to be transmitted not later than Janu-
ary 15, 1979, shall include a comprehensive analysis of the program, 
required by this part. Such analysis shall include an assessment of the 
ability of manufacturers to meet the average fuel economy standard for 
model year 1985 as specified in paragraph (1) of this subsection, and 
any legislative recommendations the Secretary or the EPA Adminis-
trator may have for improving the pi'ogram required by this part. 
"(3) Not later than July 1, 1977, the Secretary shall prescribe, by 
rule, average fuel economy standards for passenger automobiles manu-
factured in each of the model years 1981 through 1984. Any such stand-
ard shall apply to each manufacturer (except as provided in subsection 
(c)), and shall be set for each such model year at a level which the 
/Secretary determines (A) is the maximum feasible average fuel 
economy level, and (B) will result in steady progress toward meeting 
the average fuel economy standard established by or pursuant to this 
subsection for model year 1985. 
"(4) The Secretary may, by rule, amend the average fuel economy 
standard specified in paragraph (1) for model year 1985, or for any 
subsequent model year, to a level which he determines is the maximum 
feasible average fuel economy level for such model year, except that 
any amendment which has the effect of increasing an average fuel 
economy standard to a level in excess of 27.5 miles per gallon, or of 
decreasing any such standard to a level below 26.0 miles per gallon, 
shall be submitted to the Congress in accordance with section 551 of the 
Energy Policy and Conservation Act, and shall not take effect if either Post, p. 965. 
House of the Congress disapproves such amendment in accordance with 
the procedures specified in such section. 
"(5) For purposes of considering any modification which is sub-
mitted to the Congress under paragraph (4), the 5 calendar days 
specified in section 551(f) (4) (A) of the Energy Policy and Conser-
vation Act shall be lengthened to 20 calendar days, and the 15 calen-
dar days specified in section 551 (c) and (d) of such Act shall be 
lengthened to 60 calendar days. 
"(b) The Secretary shall, by rule, prescribe average fuel economy 
standards for automobiles which are not passenger automobiles and 
which are manufactured by any manufacturer in each model year 
which begins more than 30 months a,fter the date of enactment of this 
title. Such rules may proxdde for separate standards for different 
classes of such automobiles (as determined by the Secretary''), and shall 
be set at a level which the Secretary determines is the maximum feasi-
ble average fuel economy level which such manufacturers are able to 
achieve in each model year to which this subsection applies. Any stand-
ard applicable to a model year under this subsection shall be prescribed 
at least 18 months prior to the beginning of such model year. 
"(c) On application of a manufacturer who manufactured (whether Exemption, 
or not in the United States) fewer than 10,000 passenger automobiles 
in the second model year preceding the model year for which the appli-
cation is made, the Secretary may, by rule, exempt such manufacturer 
from subsection (a). An application for such an exemption shall be 
submitted to the Secretary, and shall contain such information as the 
Secretary may require by rule. Such exemption may only be granted 
if the Secretary determines that the average fuel economy standard 
otherwise applicable under subsection (a) is more stringent than the 
maximum feasible average fuel economy level which such manufac-
turer can attain. The Secretary may not issue exemptions with respect 
to a model year unless he establishes, by rule, alternative average fuel 
economy standards for passenger automobiles manufactured by manu-
89 STAT. 904 
PUBLIC LAW 94-163—DEC. 22, 1975 
Definitions. 
f 
acturers which receive exemptions under this subsection. Such stand-
ards may be established for an individual manufacturer, for all 
automobiles to which this subsection applies, or for such classes of such 
automobiles as the Secretary may define by rule. Each such standard 
shall be set at a level which the Secretary determines is the maximum 
feasible average fuel economy level for the manufacturers to which 
the standard applies. An exemption under this subsection shall apply 
to a model year only if the manufacturer manfactures (whether or 
not in the United States) fewer than 10,000 passenger automobiles in 
such model year. 
"(d) (1) Any manufacturer may apply to the Secretary for modi-
fication of an average fuel economy standard applicable under sub-
section (a) to such manufacturer for model year 1978, 1979, or 1980. 
Such application shall contain such information as the Secretary may 
require by rule, and shall be submitted to the Secretary within 24 
months before the beginning of the model year for which such 
modification is requested. 
"(2) (A) If a manufacturer demonstrates and the Secretary finds 
that— 
"(i) a Federal standards fuel economy reduction is likely to 
exist for such manufacturer for the model year to which the 
application relates, and 
"(ii) 
such manufacturer 
applied 
a reasonably 
selected 
technology, 
the Secretary shall, by rule, reduce the average fuel economy standard 
applicable under subsection (a) to such manufacturer by the amount 
of such manufacturer's Federal standards fuel economy reduction, 
rounded off to the nearest one-tenth mile per gallon (in accordance 
with rules of the Secretary). To the maximum extent practicable, prior 
to making a finding under this paragraph with respect to an applica-
tion, the Secretary shall request, and the EPA Administrator shall 
supply, test results collected pursuant to section 503(d) of this Act for 
all automobiles covered by such application. 
"(B) (i) If the Secretary does not find that a Federal standards 
fuel economy reduction is likely to exist for a manufacturer who filed 
an application under paragraph (1), he shall deny the application 
of such manufacturer. 
" (ii) If the Secretary— 
"(I) finds that a Federal standards fuel economy reduction is 
likely to exist for a manufacturer who filed an application under 
paragraph (1),and 
"(II) does not find that svich manufacturer applied a reason-
ably selected technology, 
the average fuel economy standard applicable under subsection (a) 
to such manufacturer shall, by rule, be reduced by an amount equal 
to the Federal standards fuel economy reduction which the Secretary 
finds would have resulted from the application of a reasonably selected 
technology. 
"(3) For purposes of this subsection: 
"(A) The term 'reasonably selected technology' means a tech-
nology which the Secretary determines it was reasonable for a 
manufacturer to select, considering (i) the Nation's need to 
improve the fuel economy of its automobiles, and (ii) the energy 
savings, economic costs, and lead-time requirements associated 
with alternative technologies practicably available to such 
manufacturer. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 905 
"(B) The term 'Federal standards fuel economy reduction' 
means the sum of the applicable fuel economy reductions 
determined under subpara^aph (C). 
"(C) The term 'applicable fuel economy reduction' means a 
number of miles per gallon equal to— 
"(i) the reduction in a manufacturer's average fuel econ-
omy in a model year which results from the application of 
a category of Federal standards applicable to such model 
year, and which would not have occurred had Federal stand-
ards of such category applicable to model year 1975 remained 
the only standards of such category in effect, minus 
" (ii) 0.5 mile per gallon. 
"(D) Each of the following is a category of Federal standards; 
"(i) Emissions standards under section 202 of the Clean 
Air Act, and emissions standards applicable by reason of 
section 209(b) of such Act. 
"(ii) Motor vehicle safety standards under the National 
Traffic and Motor Vehicle Safety Act of 1966. 
"(iii) Noise emission standards under section 6 of the 
Noise Control Act of 1972. 
"(iv) Property loss reduction standards under title I of 
this Act. 
"(E) In making the determination under this subparagraph, 
the Secretary (in accordance with such methods as he shall pre-
scribe by rule) shall assume a production mix for such manufac-
turer which would have achieved the average fuel economy 
standard for such model year had standards described in subpara-
graph (D) applicable to model year 1975 remained the only 
standards in effect. 
" (4) The Secretary may, for the purposes of conducting a proceed-
ing under this subsection, consolidate one or more applications filed 
under this subsection. 
" (e) For purposes of this section, in determining maximum feasible 
average fuel economy, the Secretary shall consider— 
"(1) technological feasibility; 
"(2) economic practicability; 
"(3) the effect of other Federal motor vehicle standards on fuel 
economy; and 
" (4) the need of the Nation to conserve energy. 
"(f)(1) The Secretary may, by rule, from time to time, amend 
any average fuel economy standard prescribed under subsection (a) 
(3), (b), or (c), so long as such standard, as amended, meets the 
requirements of subsection (a)(3), (b), or (c), as the case may be. 
'*(2) Any amendment prescribed under this section which has the 
effect of making any average fuel economy standard more stringent 
shall be— 
"^A^ promulgated, and 
"(B) if required by paragraph (4) of subsection (a), submitted 
to the Congress, 
at least 18 months prior to the beginning of the model year to which 
such amendment will apply. 
"(g) Proceedings under subsection (a)(4) or (d) shall be con-
ducted in accordance with section 553 of title 5, United States Code, 
except that interested persons shall be entitled to make oral as well 
as written presentations. A transcript shall be taken of any oral 
presentations. 
42 use 1857f-l. 
42 use 
1857f-6a. 
15 use 1381 
note. 
42 use 4905. 
15 use 1911. 
Amendments). 
Submittal to 
Congress. 
89 STAT. 906 
PUBLIC LAW 94-163—DEC. 22, 1975 
"DETERMINATION OF AVERAGE FUEL ECONOMY 
15 use 2003. 
"SEC. 503. (a)(1) Average fuel economy for purposes of section 
502 (a) and (c) shall be calculated by the EPA Administrator by 
dividing— 
"(A) the total number of passenger automobiles manufactured 
in a given model year by a manufacturer, by 
"(B) a sum of terms, each term of which is a fraction created 
by dividing— 
" (i) the number of passenger automobiles of a given model 
type manufactured by such manufacturer in such model 
year, by 
"(ii) the fuel economy measured for such model type. 
"(2) Average fuel economy for purposes of section 502(b) shall 
be calculated in accordance with rules of the EPA Administrator. 
"(b)(1) In calculating average fuel economy under subsection 
(a)(1), the EPA Administrator shall separate the total number of 
passenger automobiles manufactured by a manufacturer into the 
following two categories: 
"(A) Passenger automobiles which are domestically manu-
factured by such manufacturer (plus, in the case of model year 
1978 and model year 1979, passenger automobiles which are within 
the includable base import volume of such manufacturer). 
"(B) Passenger automobiles which are not domestically manu-
factured by such manufacturer (and which, in the case of model 
year 1978 and model year 1979, are not within the includable base 
import volume of such manufacturer). 
The EPA Administrator shall calculate the average fuel economy of 
each such separate category, and each such category shall be treated 
as if manufactured by a separate manufacturer for purposes of 
this part. 
Definitions. 
" (2) For purposes of this subsection: 
"(A) The term 'includable base import volume', with respect 
to any manufacturer in model year 1978 or 1979, as the case may 
be, is a number of passenger automobiles which is the lesser of— 
"(i) the manufacturer's base import volume, or 
"(ii) the number of passenger automobiles calculated by 
multiplying— 
"(I) the q^uotient obtained by dividing such manufac-
turer's base import volume by such manufacturer's base 
base production volume, times 
"(II) the total number of passenger automobiles 
manufactured by such manufacturer during such model 
year. 
"(B) The term 'base import volume' means one-half the sum 
of— 
" (i) the total number of passenger automobiles which were 
not domestically manufactured by such manufacturer during 
model year 1974 and which were imported by such manufac-
turer during such model year, plus 
" (ii) 133 percent of the total number of passenger automo-
biles which were not domestically manufactured by such 
manufacturer during the first 9 months of model year 1975 
and which were imported by such manufacturer during such 
9-month period. 
"(C) The term 'base production volume' means one-half the 
sum of— 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 907 
"(i) the total number of passenger automobiles manufac-
tured by such manufacturer during model year 1974, plus 
"(ii) 133 percent of the total number of passenger auto-
mobiles manufactured by such manufacturer during the first 
9 months of model year 1975. 
"(D) For purposes of subparagraphs (B) and (C) of this 
paragraph any passenger automobile imported during model year 
1976, but prior to July 1,1975, shall be deemed to have been manu-
factured (and imported) during the first 9 months of model 
year 1975. 
"(E) An automobile shall be considered domestically manufac-
tured in any model year if at least 75 percent of the cost to the 
manufacturer of such automobile is attributable to value added in 
the LTnited States or Canada, unless the assembly of such automo-
bile is completed in Canada and such automobile is not imported 
into the United States prior to the expiration of 30 days following 
the end of such model year. The EPA Administrator may pre-
scribe rules for purposes of carrying out this subparagraph. 
"(F) The fuel economy of each passenger automobile which is 
imported by a manufacturer in model year 1978 or 1979, as the case 
may be, and which is not domestically manufactured by such 
manufacturer, shall be deemed to be equal to the average fuel 
economy of all such passenger automobiles. 
"(c) Any reference in this part to automobiles manufactured by a 
manufacturer shall be deemed— 
"(1) to include all automobiles manufactured by persons who 
control, are controlled by, or are under common control with, such 
manufacturer; and 
"(2) to exclude all automobiles manufactured (within the 
meaning of paragraph (1)) during a model year by such manu-
facturer which are exported prior to the expiration of 30 days 
following the end of such model year. 
"(d) (1) Fuel economy for any model type shall be measured, and 
average fuel economy of a manufacturer shall be calculated, in accord-
ance with testing and calculation procedures established by the EPA 
Administrator, by rule. Procedures so established with respect to pas-
senger automobiles (other than for purposes of section 506) shall be 
the procedures utilized by the EPA Administrator for model year 1975 
(weighed 55 percent urban cycle, and 45 percent highway cycle), or 
procedures which yield comparable results. Procedures under this sub-
section, to the extent practicable, shall require that fuel economy tests 
be conducted in conjunction w^ith emissions tests conducted under sec-
tion 206 of the Clean Air Act. The EPA Administrator shall report 42 U
S
C 1857f-5. 
any measurements of fuel economy and any calculations of average fuel Report to 
economy to the Secretary. 
Secretary of 
"(2) 'The EPA Administrator shall, by rule, determine that quan- Transportation, 
tity of any other fuel which is the equivalent of one gallon of gasoline. 
" (3) Testing and calculation procedures applicable to a model year, 
and any amendment to such procedures (other than a technical or cler-
ical amendment), shall be promulgated not less than 12 months prior 
to the model year to which such procedures apply. 
"(e) For purposes of this part (other than section 506), any meas-
urement of fuel economy of a model type, and any calculation of aver-
age fuel economy of a manufacturer, shall be rounded off to the nearest 
one-tenth mile per gallon (in accordance with rules of the EPA 
Administrator). 
"(f) The EPA Administrator shall consult and coordinate with Consultation, 
the Secretary in carrying out his duties under this section. 
89 STAT. 908 
PUBLIC LAW 94-163—DEC. 22, 1975 
Petition, filing. 
15 use 2004. 
Jurisdiction. 
5 u s e 701 et seq. 
Report to 
Secretary of 
Transportation. 
15 u s e 2005. 
" J U D I C I A L 
REVIEW 
"SEC. 504. (a) Any person who may be adversely affected by any 
rule prescribed under section 501, 502, 503, or 506 may, at any time 
prior to 60 days after such rule is prescribed (or in the case of an 
amendment submitted to each House of the Congress under section 
502(a) (4), at any time prior to 60 days after the expiration of the 
60-day period specified in section 502(a)(5)), file a petition in the 
United States Court of Appeals for the District of Columbia, or for 
any circuit wherein such person resides or has his principal place of 
business, for judicial review of such rule. A copy of the petition shall 
be forthwith transmitted by the clerk of such court to the officer who 
prescribed the rule. Such officer shall thereupon cause to be filed in 
such court the written submissions and other materials in the proceed-
ing upon which such rule was based. Upon the filing of such petition, 
the court shall have jurisdiction to review the rule in accordance with 
chapter 7 of title 5, United States Code, and to grant appropriate 
relief as provided in such chapter. Findings of the Secretary under 
section 502(d) shall be set aside by the court on review unless such 
findings are supported by substantial evidence. 
"(b) If the petitioner applies to the court in a proceeding under 
subsection (a) for leave to make additional submissions, and shows 
to the satisfaction of the court that such additional submissions are 
material and that there were reasonable grounds for the failure to 
make such submissions in the administrative proceeding, the court 
may order the Secretary or the EPA Administrator, as the case may 
be, to provide additional opportunity to make such submissions. The 
Secretary or the EPA Administrator, as the case may be, may modify 
or set aside the rule involved or prescribe a new rule by reason of 
the additional submissions, and shall file any such modified or new rule 
in the court, together with such additional submissions. The court 
shall thereafter review such new or modified rule. 
"(c) The judgment of the court affirming or setting aside, in whole 
or in part, any such rule shall be final, subject to review by the 
Supreme Court of the United States upon certiorari or certification as 
provided in section 1254 of title 28, United States Code. 
"(d) The remedies provided for in this section shall be in addition 
to, and not in lieu of, any other remedies provided by law. 
((. 
INFORMATION AND REPORTS 
"SEC. 505. (a) (1) Each manufacturer shall submit a report to the 
Secretary during the 30-day period preceding the beginning of each 
model year after model year 1977, and during the 30-day period begin-
ning on the 180th day of each such model year. Each such report 
shall contain (A) a statement as to whether such manufacturer will 
comply with average fuel economy standards under section 502 appli-
cable ito the model year for which such report is made; (B) a plan 
which describes the steps the manufacturer has taken or intends to 
take in order to comply with such standards; and (C) such other 
information as the Secretary may require. 
"(2) Whenever a manufacturer determines that a plan submitted 
under paragraph (1) which he stated was sufficient to insure com-
pliance with applicable average fuel economy standards is not suffi-
cient to insure such compliance, he shall submit a report to the 
Secretary containing a revised plan which specifies any additional 
measures which such manufacturer intends to take in order to comply 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 909 
with such standards, and a statement as to whether such revised plan 
is sufficient to insure such compliance. 
"(3) The Secretary shall prescribe rules setting forth the form and Rules, 
content of the reports required under paragraphs (1) and (2). 
"(b)(1) For the purpose of carrying out the provisions of this part. Hearings, 
the Secretary or the EPA Administrator, or their duly designated 
agents, may hold such hearings, take such testimony, sit and act at 
such times and places, administer such oaths, and require, by subpena, 
the attendance and testimony of such witnesses and the production 
of such books, papers, correspondence, memorandums, contracts, 
agreements, or other records as the Secretary, the EPA Administator, 
or such agents deem advisable. The Secretary or the EPA Administra-
tor may require, by general or special orders that any pereon— 
" (A) file, in such form as the Secretary or EPA Administrator 
may prescribe, reports or answers in writing to specific questions 
relating to any function of the Secretary or the EPA Adminis-
trator under this part, and 
"(B) provide the Secretary, the EPA Administrator, or their 
duly designated agents, access to (and for the purpose of exami-
nation, the right to copy) any documentary evidence of such per-
son which is relevant to any function of the Secretary or the 
EPA Administrator under this part. 
Such reports and answers shall be made under oath or otherwise, and 
shall be filed with the Secretary or the EPA Administrator within such 
reasonable period as either may prescribe. 
"(2) The district courts of the United States for a judicial district 
in the jurisdiction of which an inquiry is carried on may, in the case 
of contumacy or refusal to obey a duly authorized subpena or order 
of the Secretary, the EPA Administrator, or a duly designated agent 
of either, issued under paragraph (1), issue an order requiring com-
pliance with such subpena or order. Any failure to obey such an order 
of the court may be treated by such court as a contempt thereof. 
"(3) Witnesses summoned pursuant to this subsection shall be paid Witness fees, 
the same fees and mileage that are paid witnesses in the courts of the 
United States. 
"(c)(1) Every manufacturer shall establish and maintain such Recordkeeping, 
records, make such reports, conduct such tests, and provide such items 
and information as the Secretary or the EPA Administrator may, 
by rule, reasonably require to enable the Secretary or the EPA Admin-
istrator to carry out their duties under this part and under any rules 
prescribed pursuant to this part. Such manufacturer shall, upon 
request of a duly designated agent of the Secretary or the EPA 
Administrator who presents appropriate credentials, permit such 
agent, at reasonable times and in a reasonable manner, to enter the 
premises of such manufacturer to inspect automobiles and appropriate 
books, papers, records, and documents. Such manufacturer shall make 
available all of such items and information in accordance with such 
reasonable rules as the Secretary or the EPA Administrator may 
prescribe. 
" (2) The district courts of the United States may, if a manufacturer 
refuses to accede to anv rule or reasonable request made under para-
graph (1), issue an order requiring compliance with such requirement 
or request. Any failure to obey such an order of the court may be 
treated by such court as a contempt thereof. 
"(d) (1) The Secretary and the EPA Administrator shall each dis-
close any information obtained under this part (other than section 
503(d)) to the public in accordance with section .552 of title 5, United 
States Code, except that information may be withheld from disclosure 
89 STAT. 910 
PUBLIC LAW 94-163—DEC. 22, 1975 
under subsection (b) (4) of such section only if the Secretary or the 
EPAi Administrator, as the case may be, determines that such infor-
mation, if disclosed, would result in significant competitive damage. 
Any matter described in section 552(b) (4) relevant to any adminis-
trative or judicial proceeding under this part may be disclosed in such 
proceeding. 
"(2) Measurements and calculations under section 503(d) shall be 
made available to the public in accordance with section 552 of title 5, 
United States Code, without regard to subsection (b) of such section. 
"LABELING 
15 use 2006. 
"SEC. 506. (a) (1) Except as otherwise provided in paragraph (2), 
each manufacturer shall cause to be affixed, and each dealer shall cause 
to be maintained, on each automobile manufactured in any model year 
after model year 1976, in a prominent place, a label— 
"(A) indicating— 
" (i) the fuel economy of such automobile, 
"(ii) the estimated annual fuel cost associated with the 
operation of such automobile, and 
"(iii) the range of fuel economy of comparable automo-
biles (whether or not manufactured by such manufacturer), 
as determined in accordance with rules of the EPA Administrator, 
"(B) containing a statement that written information (as 
described in subsection (b) (1)) Math respect to the fuel economy 
of other automobiles manufactured in such model year (whether 
or not manufactured by such manufacturer) is available from the 
dealer in order to facilitate comparison among the various model 
types, and 
"(C) containing any other information authorized or required 
by the EPA Administrator which relates to information described 
in subparagraph (A) or (B). 
" (2) With respect to automobiles— 
"(A) for which procedures established in the EPA and FEA 
Voluntary Fuel Labeling Program for Automobiles exist on the 
date of the enactment of this title, and 
"(B) which are manufactured in model year 1976 and at least 
90 days after such date of enactment, 
each manufacturer shall cause to be affixed, and each dealer shall cause 
to be maintained, in a prominent place, a label indicating the fuel 
economy of such automobile, in accordance with such procedures. 
" (3) The form and content of the labels required under paragraphs 
(1) and (2), and the manner in which such labels shall be affixed, 
shall be prescribed by the EPA Administrator by rule. The EPA 
Administrator may permit a manufacturer to comply with this para-
graph by permitting such manufacturer to disclose the information 
required under this subsection on the label required by section 3 of 
the Automobile Information Disclosure Act (15 U.S.C. 1232). 
Booklets. 
"(b)(1) The EPA Administrator shall compile and prepare a sim-
ple and readily understandable booklet containing data on fuel econ-
omy of automobiles manufactured in each model year. Such booklet 
shall also contain information with respect to estimated annual fuel 
costs, and may contain informaition with respect to geo^aphical 
or other differences in estimated annual fuel costs. The Administrator 
of the Federal Energy Administration shall publish and distribute 
Rules. 
«(2) The EPA Administrator, not later than July 31, 1976, shall 
prescribe rules requiring dealers to make available to prospective 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 911 
purchasers information compiled by the EPA Administrator under 
paragraph (1). 
"(c) (1) A violation of subsection (a) shall be treated as a violation 
of section 3 of the Automobile Information Disclosure Act (15 U.S.C. 
1232). For purposes of the Federal Trade Commission Act (other 
than sections 5(m) and (18), a violation of subsection (a) shall be 
treated as an unfair or deceptive act or practice in or affecting 
commerce. 
"(2) As used in this section, the term 'dealer' has the same meaning 
as such term has in section 2(e) of the Automobile Information 
Disclosure Act (15 U.S.C. 1231(e)) except that in applying such term 
to this section, the term 'automobile' has the same meaning as such 
term has in section 501 (1) of this part. 
"(d) Any disclosure with respect to fuel economy or estimated 
annual fuel cost which is required to be made under the provisions 
of this section shall not create an express or implied warranty under 
State or Federal law that such fuel economy will be achieved, or that 
such cost will not be exceeded, under conditions of actual use. 
"(e) In carrying out his duties under this section, the EPA Admin-
istrator shall consult with the Federal Trade Commission, the Sec-
retary, and the Federal Energy Administrator. 
15 use 58. 
"Dealer." 
Consultation. 
"UNLAWFUL CONDUCT 
"SEC. 507. The following conduct is unlawful: 
15 USC 2007. 
"(1) the failure of any manufacturer to comply with any 
average fuel economy standard applicable to such manufacturer 
under section 502 (other than section 502(b)), 
"(2) the failure of any manufacturer to comply with any 
average fuel economy standard applicable to such manufacturer 
under section 502 (b), or 
"(3) the failure of any person (A) to comply with any provi-
sion of this part applicable to such person (other than section 502, 
506(a), 510, or 511), or (B) to comply with any standard, rule, or 
order applicable to such person which is issued pursuant to such 
a provision. 
"CIVIL PENALTY 
"SEC. 508. (a) (1) If average fuel economy calculations reported 15 U
S
C 2008. 
under section 503(d) indicate that any manufacturer has violated 
section 507 (1) or (2), then (unless further measurements of fuel 
economy, further calculations of average fuel economy, or other 
information indicates there is no violation of section 507 (1) or (2)) 
the Secretary shall commence a proceeding under paragraph (2) of 
this subsection. The results of such further measurements, further cal- Publication in 
culations, and any such other information, shall be published in the Federal Register. 
Federal Register. 
"(2) If, on the record after opportunity for agency hearing, the 
Secretary determines that such manufacturer has violated section 
507 (1) or (2), or that any person has violated section 507(3), the 
Secretary shall assess the penalties provided for under subsection (b). 
Any interested person may participate in any proceeding under this 
paragraph. 
"(3) (A) (i) Whenever the average fuel economy of the passenger 
automobiles manufactured by a manufacturer in a particular model 
year exceeds an applicable average fuel economy standard established 
under section 502 (a) or (c) (determined without regard to any adjust-
89 STAT. 912 
PUBLIC LAW 94-163—DEC. 22, 1975 
ment under section 502(d)), such manufacturer shall be entitled to a 
credit, calculated under clause (ii), which shall be— 
"(I) deducted from the amount of any civil penalty which has 
been or may be assessed against such manufacturer for a violation 
of section 507(1) occurring in the model year immediately prior 
to the model year in which such manufacturer exceeds such appli-
cable average fuel economy standard, and 
"(II) to the extent that such credit is not deducted pursuant 
to subclause (I), deducted from the amount of any ci-vdl penalty 
assessed against such manufacturer for a violation of section 
507(1) occurring in the model year immediately following the 
model year in which such manufacturer exceeds such applicable 
average fuel economy standard, 
"(ii) The amount of credit to which a manufacturer is entitled 
under clause (i) shall be equal to— 
" (I) $5 for each tenth of a mile per gallon by which the average 
fuel economy of the passenger automobiles manufactured by such 
manufacturer in the model year in which the credit is earned 
pursuant to clause (i) exceeds the applicable average fuel economy 
standard established under section 502 (a) or (c), multiplied by 
" (II) the total number of passenger automobiles manufactured 
by such manufacturer during such model year. 
"(B) (i) Whenever the average fuel economy of a class of auto-
mobiles which are not passenger automobiles and which are manu-
factured by a manufacturer in a particular model year exceeds an 
average fuel economy standard applicable to automobiles of such 
class under section 502(b), such manufacturer shall be entitled to a 
credit, calculated under clause (ii), which shall be— 
"(I) deducted from the amount of any civil penalty which has 
been or may be assessed against such manufacturer for a violation 
of section 507(2) occurring in the model year immediately prior 
to the model year in which such manufacturer exceeds such appli-
cable average fuel economy standard, and 
"(II) to the extent that such credit is not deducted pursuant 
to subclause (I), deducted from the amount of any such civil 
penalty assessed against such manufacturer for a violation of 
section 507(2) occurring in the model year immediately following 
the model year in which such manufacturer exceeds such appli-
cable average fuel economy standard. 
"(ii) The amount of credit to which a manufacturer is entitled 
under clause (i) shall be equal to— 
" (I) $5 for each tenth of a mile per gallon by which the average 
fuel economy of the automobiles of such class manufactured by 
such manufacturer in the model year in which the credit is earned 
pursuant to clause (i) exceeds the applicable average fuel economy 
standard established under section 502(b), multiplied by 
"(II) the total number of automobiles of such class manufac-
tured by such manufacturer during such model year. 
"(C) Whenever a civil penalty has been assessed and collected 
under this section from a manufacturer who is entitled to a credit 
under this paragraph with respect to such civil penalty, the Secretary 
of the Treasury shall refund to such manufacturer the amount of credit 
to which such manufacturer is so entitled, except that the amount of 
such refund shall not exceed the amount of the civil penalty so collected 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 913 
"(D) The Secretary may prescribe rules for purposes of carrying Rules, 
out the provisions of this paragraph. 
"(b)(1)(A) Any manufacturer whom the Secretary determines Amounts, 
under subsection (a) to have violated a provision of section 507(1), 
shall be liable to the United States for a civil penalty equal to (i) $5 
for each tenth of a mile per gallon by which the average fuel economy 
of the passenger automobiles manufactured by such manufacturer dur-
ing such model year is exceeded by the applicable average fuel economy 
standard established under section 502 (a) and (c), multiplied by (ii) 
the total number of passenger automobiles manufactured by such 
manufacturer during such model year. 
"(B) Any manufacturer whom the Secretary determines under sub-
section (a) to have violated section 507(2) shall be liable to the United 
States for a civil penalty equal to (i) $5 for each tenth of a mile per 
gallon by Avhich the applicable average fuel economy standard exceeds 
the average fuel economy of automobiles to which such standard 
applies, and which are manufactured by such manufacturer during the 
model year in which the violation occurs, multiplied by (ii) the total 
number of automobiles to which such standard applies and which are 
manufactured by such manufacturer during such model year. 
"(2) Any person whom the Secretary determines under subsection 
(a) to have violated a provision of section 507(3) shall be liable to 
the United States for a civil penalty of not more than $10,000 for 
each violation. Each day of a continuing violation shall constitute a 
separate violation for purposes of this paragraph. 
"(3) The amount of such civil penalty shall be assessed by the Modification. 
Secretary by written notice. The Secretary shall have the discretion to 
compromise, modify, or remit, with or without conditions, any civil 
penalty assessed under this subsection against any person, except that 
any civil penalty assessed for a violation of section 507 (1) or (2) may 
be so compromised, modified, or remitted only to the extent— 
" (A) necessary to prevent the insolvency or bankruptcy of such 
manufacturer, 
"(B) such manufacturer shows that the violation of section 
507 (1) or (2) resulted from an act of God, a strike, or a fire, or 
"(C) the Federal Trade Commission has certified that modifica-
tion of such penalty is necessary to prevent a substantial lessening 
of competition, as determined under paragraph (4). 
The Attorney General shall collect any civil penalty for which a 
manufacturer is liable under this subsection in a civil action under 
subsection (c) (2) (unless the manufacturer pays such penalty to the 
Secretary). 
"(4) Not later than 30 days after a determination by the Secretary 
under subsection (a) (2) that a manufacturer has violated section 507 
(1) or (2), such manufacturer may apply to the Federal Trade Com-
mission for a certification under this paragraph. If the manufacturer 
shows and the Federal Trade Commission determines that modification 
of the civil penalty for which such manufacturer is otherwise liable is 
necessary to prevent a substantial lessening of competition in that seg-
ment of the automobile industry subject to the standard with respect to 
which such penalty was assessed, the Commission shall so certify. The 
certification shall specify the maximum amount that such penalty may 
be reduced. To the maximum extent practicable, the Commission shall 
render a decision with respect to an application under this paragraph 
not later than 90 days after the application is filed with the Commis-
sion. A proceeding under this paragraph shall not have the effect of 
89 STAT. 914 
PUBLIC LAW 94-163—DEC. 22, 1975 
Subordination of 
claims. 
delaying the manufacturer's liability under this section for a civil 
penalty for more than 90 days after such application is filed, but any 
payment made before a decision of the Commission under this para-
graph becomes final shall be paid to the court in which the penalty is 
collected, and shall (except as otherwise provided in paragraph (5)), 
be held by such court, until 90 days after such decision becomes final 
(at which time it shall be paid into the general fund of the Treasury). 
" (5) Whenever a civil penalty has been assessed and collected from 
a manufacturer under this section, and is being held by a court in 
accordance with paragraph (4), and the Secretary subsequently deter-
mines to modify such civil penalty pursuant to paragraph (3) (C) the 
Secretary shall direct the court to remit the appropriate amount of 
such penalty to such manufacturer. 
"(6) A claim of the United States for a civil penalty assessed 
against a manufacturer under subsection (b) (1) shall, in the case of 
the bankruptcy or insolvency of such manufacturer, be subordinate to 
any claim of a creditor of such manufacturer which arises from an 
extension of credit before the date on which the judgment in any col-
lection action under this section becomes final (without regard to 
paragraph (4)). 
" (c) (1) Any interested person may obtain review of a determination 
(A) of the Secretary pursuant to which a civil penalty has been 
assessed under subsection (b), or (B) of the Federal Trade Commis-
sion under subsection (b) (4), in the United States Court of Appeals 
for the District of Columbia, or for any circuit wherein such person 
resides or has his principal place of business. Such review may be 
obtained by filing a notice of appeal in such court within 30 days after 
the date of such determination, and by simultaneously sending a copy 
of such notice by certified mail to the Secretary or the Federal Trade 
Commission, as the case may be. The Secretary or the Commission, as 
the case may be, shall promptly file in such court a certified copy of 
the record upon which such determination was made. Any such 
determination shall be reviewed in accordance with chapter 7 of title 
5 use 701 etseq. 5, United States Code. 
" (2) If any person fails to pay an assessment of a civil penalty after 
it has become a final and unappealable order, or after the appropriate 
court of appeals has entered final judgment in favor of the Secretary, 
the Attorney General shall recover the amount for which the manufac-
turer is liable in any appropriate district court of the United States. In 
such action, the validity and appropriateness of the final order impos-
ing the civil penalty shall not be subject to review. 
Review. 
Notice of appeal, 
filing. 
(( 
EFFECT ON STATE LAW 
15 use 2009. 
"SEC. 509. (a) Whenever an average fuel economy standard estab-
lished under this part is in effect, no State or political subdivision of 
a State shall have authority to adopt or enforce any law or regulation 
relating to fuel economy standards or average fuel economy stand-
ards applicable to automobiles covered by such Federal standard. 
"(b) Whenever any requirement under section 506 is in effect with 
respect to any automobile, no State or political subdivision of a State 
shall have authority to adopt or enforce any law or regulation with 
respect to the disclosure of fuel economy of such automobile, or of 
fuel cost associated with the operation of such automobile, if such 
law or regulation is not identical with such requirement. 
"(c) Nothing in this section shall be construed to prevent any State 
or political subdivision thereof from establishing requirements with 
respect to fuel economy of automobiles procured for its own use. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 915 
"USE OF FUEL EFFICIENT PASSENGER AUTOMOBILES BY THE FEDERAL 
GOVERNMENT 
"SEC. 510. (a) The President shall, within 120 days after the date Rules, 
of enactment of this title, promulgate rules which shall require that 15 U
S
C 2010. 
all passenger automobiles acquired by all executive agencies in each 
fiscal year which begins after such date of enactment achieve a fleet 
average fuel economy for such year not less than— 
" (1^ 18 miles per gallon, or 
"(2) the average fuel economy standard applicable under sec-
tion 502(a) for the model year which includes January 1 of such 
fiscal year, 
whichever is greater. 
"(b) As used in this section: 
Definitions. 
"(1) The term 'fleet average fuel economy' means (A) the 
total number of passenger automobiles acquired in a fiscal year 
to which this section applies by all executive agencies (excluding 
passenger automobiles designed to perform combat related mis-
sions for the Armed Forces or designed to be used in law enforce-
ment work or emergency rescue work), divided by (B) a sum of 
terms, each term of which is a fraction created by dividing— 
"(i) the number of passenger automobiles so acquired of a 
given model type, by 
" (ii) the fuel economy of such model type. 
" (2) The term 'executive agency' has the same meaning as such 
term has for purposes of section 105 of title 5, United States Code. 
"(3) The term 'acquired' means leased for a period of 60 
continuous days or more, or purchased. 
"RETROFIT DEVICES 
"SEC. 511. (a) The Federal Trade Commission shall establish a Examination 
program for systematically examining fuel economy representations 
made with respect to retrofit devices. Whenever the Commission has 
reason to believe that any such representation may be inaccurate, it 
shall request the EPA Administrator to evaluate, in accordance with 
subsection (b), the retrofit device with respect to which such repre-
sentation was made. 
"(b) (1) Upon application of any manufacturer of a retrofit device 
(or prototype thereof), upon the request of the Federal Trade Com-
mission pursuant to subsection (a), or upon his own motion, the EPA 
Administrator shall evaluate, in accordance with rules prescribed 
under subsection (d), any retrofit device to determine whether the 
retrofit device increases fuel economy and to determine whether the 
representations (if any) made with respect to such retrofit device are 
accurate. 
" (2) If under paragraph (1) the EPA Administrator tests, or causes 
to be tested, any retrofit device upon the application of a manufacturer 
of such device, such manufacturer shall supply, at his own expense, 
one or more samples of such device to the Administrator and shall 
be liable for the costs of testing which are incurred by the Adminis-
trator. The procedures for testing retrofit devices so supplied may 
include a requirement for preliminary testing by a qualified independ-
ent testing laboratory, at the expense of the manufacturer of such 
device. 
"(c) The EPA Administrator shall publish in the Federal Register Publication in 
a summary of the results of all tests conducted under this section. Federal Register, 
together with the EPA Administrator's conclusions as to— 
program. 
15 USC 2011. 
89 STAT. 916 
PUBLIC LAW 94-163—DEC. 22, 1975 
"Retrofit 
device." 
" (1) the effect of any retrofit device on fuel economy; 
" (2) the effect of any such device on emissions of air pollutants; 
and 
"(3) any other information which the Administrator deter-
mines to be relevant in evaluating such device. 
Such summary and conclusions shall also be submitted to the Secretary 
and the Federal Trade Commission. 
"(d) Within 180 days after the date of enactment of this title, the 
EPA Administrator shall, by rule, establish— 
"(1) testing and other procedures for evaluating the extent to 
which retrofit devices affect fuel economy and emissions of air 
pollutants, and 
" (2) criteria for evaluating the accuracy of fuel economy repre-
sentations made with respect to retrofit devices. 
"(e) For purposes of this section the term 'retrofit device' means 
any component, equipment, or other device— 
"(1) which is designed to be installed in or on an automobile 
(as an addition to, as a replacement for, or through alteration or 
modification of, any original component, equipment, or other 
device) ; and 
"(2) which any manufacturer, dealer, or distributor of such 
device represents will provide higher fuel economy than would 
have resulted with the automobile as originally equipped, 
as determined under rules of the Administrator. Such term also 
includes a fuel additive for use in an automobile. 
<
( 
REPORTS TO CONGRESS 
15 use 2012. 
"SEC. 512. (a) Within 180 days after the date of enactment of this 
title, the Secretary shall prepare and submit to the Congress and the 
President a comprehensive report setting forth findings and contain-
ing conclusions and recommendations with respect to (1) a require-
ment that each new automobile be equipped with a fuel flow instru-
ment reading directly in miles per gallon, and (2) the most fea-
sible means of equipping used automobiles with such instruments. 
Such report shall include an examination of the effectiveness of such 
instruments in promoting voluntary reductions in fuel consumption, 
the cost of such instruments, means of encouraging automobile pur-
chasers to voluntarily purchase automobiles equipped with such 
instruments, and any other factor bearing on the cost and effectiveness 
of such instruments and their use. 
"(b) (1) Within 180 days after the date of enactment of this title, 
the Secretary shall prepare and submit to the Congress and the Presi-
dent a comprehensive report setting forth findings and containing 
conclusions and recommendations with respect to whether or not elec-
tric vehicles and other vehicles not consuming fuel (as defined in the 
first sentence of section 501(5)) should be covered by this part. Such 
report shall include an examination of the extent to which any such 
tehicle should be included under the provisions of this part, the man-
ner in which energy requirements of such vehicles may be compared 
with energy requirements of fuel-consuming vehicles, the extent to 
which inclusion of such vehicles would stimulate their production and 
introduction into commerce, and any recommendations for legislative 
action. 
"Electric 
"(2) As used in this subsection, the term 'electric vehicle' means a 
vehicle." 
vehicle powered primarily by an electric motor drawing current from 
rechargeable batteries, fuel cells, or other portable sources of electrical 
current.". 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 917 
PART B—ENERGY CONSERVATION PROGRAM TOR CONSUMER 
PRODUCTS OTHER THAN AUTOMOBHES 
DEFINITIONS 
SEC. 321. (a) For purposes of this part: 
42 U
S
C 6291. 
(1) The term "consumer product"' means any article (other than 
an automobile, as defined in section 501(1) of the Motor Vehicle 
Information and Cost Savings Act) of a type— 
j^te, p. 901. 
(A) which in operation consumes, or is designed to con-
sume, energy; and 
(B) which, to any significant extent, is distributed in com-
merce for personal use or consumption by individuals; 
without regard to whether such article of such type is in fact 
distributed in commerce for personal use or consumption by an 
individual. 
(2) The term "covered product" means a consumer product of 
a type specified in section 322. 
(3) The term "energy" means electricity, or fossil fuels. The 
Administrator may, by rule, include other fuels within the mean-
ing of the term "energy" if he determines that such inclusion is 
necessary or appropriate to carry out the purposes of this Act. 
(4) The term "energy use" means the quantity of energy 
directly consumed by a consumer product at point of use, deter-
mined in accordance with test procedures under section 323. 
(5) The term "energy efficiency" means the ratio of the useful 
output of services from a consumer product to the energy use of 
such product, determined in accordance with test procedures under 
section 323. 
(6) The term "energy efficiency standard" means a performance 
standard— 
(A) which prescribes a minimum level of energy efficiency 
for a covered product, determined in accordance with test 
procedures prescribed under section 323, and 
(B) which includes any other requirements which the 
Administrator may prescribe under section 325(c). 
(7) The term "estimated annual operating cost" means the 
aggregate retail cost of the energy which is likely to be consumed 
annually in representative use of a consumer product, determined 
in accordance with section 323. 
(8) The term "measure of energy consumption" means energy 
use, energy efficiency, estimated annual operating cost, or other 
measure of energy consumption. 
(9) The term "class of covered products" means a group of 
covered products, the functions or intended uses of which are 
similar (as determined by the Administrator). 
(10) The term "manufacture" means to manufacture, produce, 
assemble or import. 
(11) The terms "import" and "importation" mean to import 
into the customs territory of the United States. 
(12) The term "manufacturer" means any person who manu-
factures a consumer product. 
(13) The term "retailer" means a person to whom a consumer 
product is delivered or sold, if such delivery or sale is for pur-
poses of sale or distribution in commerce to purchasers who buy 
such product for purposes other than resale. 
89 STAT. 918 
PUBLIC LAW 94-163—DEC. 22, 1975 
(14) The term "distributor" means a person (other than a 
manufacturer or retailer) to whom a consumer product is delivered 
or sold for purposes of distribution in commerce. 
(15) (A) The term "private labeler" means an owner of a brand 
or trademark on the label of a consumer product which bears a 
private label. 
(B) A consumer product bears a private label if (i) such prod-
uct (or its container) is labeled with the brand or trademark of a 
person other than a manufacturer of such product, (ii) the per-
son with whose brand or trademark such product (or container) 
is labeled Las authorized or caused such product to be so labeled, 
and (iii) the brand or trademark of a manufacturer of such 
product does not appear on such label. 
(16) The terms "to distribute in commerce" and "distribution 
in commerce" mean to sell in commerce, to import, to introduce 
or deliver for introduction into commerce, or to hold for sale or 
distribution after introduction into commerce. 
(17) The term "commerce" means trade, traffic, commerce, or 
transportation— 
(A) between a place in a State and any place outside 
thereof, or 
(B) which affects trade, traffic, commerce, or transporta-
tion described in subparagraph (A). 
(18) The term "Commission" means the Federal Trade Com-
mission. 
COVERAGE 
42 use 6292. 
SEC. 322. (a) A consumer product is a covered product if it is one 
of the following types (or is designed to perform a function which is 
the principal function of any of the following types) : 
(1) Refrigerators and refrigerator-freezers. 
(2) Freezers. 
(3) Dishwashers. 
(4) Clothes dryers. 
(5) Water heaters. 
(6) Room air conditioners. 
(7) Home heating equipment, not including furnaces. 
(8) Television sets. 
(9) Kitchen ranges and ovens. 
(10) Clothes washers. 
(11) Humidifiers and dehumidifiers. 
(12) Central aid conditioners. 
(13^ Furnaces. 
(14) Any other type of consumer product which the Adminis-
trator classifies as a covered product under subsection (b). 
(b) (1) The Administrator may classify a type of consumer product 
as a covered product if he determines that— 
(A) classifying products of such type as covered products is 
necessary or appropriate to carry out the purposes of this Act, and 
(B) average annual per-household energy use by products of 
such type is likely to exceed 100 kilowatt-hours (or its Btu equiv-
alent) per year. 
Definitions. 
(2) For purposes of this subsection: 
(A) The term "average annual per-household energy use with 
respect to a type of product means the estimated aggregate annual 
energy use (in kilowatt-hours or the Btu equivalent) of consumer 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 919 
products of such type which are used by households in the United 
States, divided by the number of such households which use prod-
ucts of such type. 
(B) The Btu equivalent of one kilowatt-hour is 3,412 British 
thermal units. 
(C) The term "household" shall be defined under rules of the 
Administrator. 
TEST PROCEDURES 
SEC. 323. (a) (1) The Administrator shall, during the 30-day period 42 U
S
C 6293. 
which begins on the date of enactment of this Act, afford interested 
persons an opportunity to present written data, views, and arguments 
with respect to test procedures to be developed for covered products 
of each of the types specified in paragraphs (1) through (13) of sec-
tion 322(a). 
(2) The Administrator shall direct the National Bureau of Stand-
ards to develop test procedures for the determination of 
(A) 
estimated annual operating costs of covered products of the types speci-
fied in paragraphs (1) through (13) of section 322(a), and (B) at 
least one other useful measure of energy consumption of such products 
which the Administrator determines is likely to assist consumers in 
making purchasing decisions. 
(3) Except as provided in paragraph (6), the Administrator shall Publication, 
publish proposed test procedures with respect to all covered products 
of each of the types specified in paragraphs (1) through (13) of 
section 322(a), and shall afford interested persons an opportunity to 
present oral and written data, views, and arguments with respect to 
such proposed test procedures. Such comment period shall not be less 
than 45 days. Such proposed test procedures shall be published not 
later than June 30, 1976, except that (A) in the case of covered prod-
ucts of the types specified in paragraphs (7) and (9) of section 322 (a), 
such proposed test procedures shall be published not later than Sep-
tember 30, 1976, and (B) in the case of covered products of the types 
specified in paragraphs (10) and (13) of section 322(a), such proposed 
test procedures shall be published not later than June 30,1977. 
(4) (A) Except as provided in paragraph (6), the Administrator 
shall prescribe test procedures for the determination of (i) estimated 
annual operating costs of all covered products of each of the types 
specified in paragraphs (1) through (13) of section 322(a), and (ii) 
at least one other measure of energy consumption of such products 
which the Administrator determines is likely to assist consumers in 
making purchasing decisions. 
(B) Such test procedures shall be prescribed not later than Sep-
tember 30, 1976, except that (i) in the case of covered products of 
the types specified in paragraphs (7) and (9) of section 322(a), such 
procedures shall be prescribed not later than December 31, 1976, and 
(ii) in the case of covered products of the types specified in paragraphs 
(10) through (13) of section 322(a), such test procedures shall be 
published not later than September 30,1977. 
(5) If the Administrator has classified a type of product as a 
covered product under section 322(b), the Administrator may, after 
affording interested persons an opportunity to comment, direct the 
National Bureau of Standards to develop, and may publish proposed 
test procedures for such type of covered product (or class thereof). 
89 STAT. 920 
PUBLIC LAW 94-163—DEC. 22, 1975 
The Administrator shall afford interested persons an opportunity to 
present oral and written data, views, and arguments with respect to 
such proposed test procedures. Such comment period shall not be less 
than 45 days. The Administrator may thereafter prescribe test pro-
cedures in accordance with subsection (b) of this section with respect 
to such type or class of product, if the Administrator or the Commis-
sion determines that— 
(A) the application of subsection (C) to such type of covered 
product (or class thereof) will assist consumers in making pur-
chasing decisions, or 
(B) labeling in accordance with section 324 will assist pur-
chasers in making purchasing decisions. 
Publication in 
(6) The Administrator may delay the publication of proposed test 
Federal Register, procedures or the prescription of test procedures for a type of covered 
product (or class thereof) beyond the dates specified in paragraph 
(3), or (4), if he determines that he cannot, within the applicable time 
period, publish proposed test procedures or prescribe test procedures 
applicable to such type (or class thereof) which meet the require-
ments of subsection (b), and publishes such determination in the 
Publication in 
Federal Register. In any such case, he shall publish proposed test 
Federal Register, procedures or prescribe test procedures for covered products of such 
type (or class thereof) as soon as practicable, unless he determines 
that test procedures cannot be developed which meet the requirements 
of subsection (b) and publishes such determination in the Federal 
Register, together with the reasons therefor. 
(b) (1) Any test procedures prescribed under this section shall be 
reasonably designed to produce test results which reflect energy effi-
ciency, energy use, or estimated annual operating cost of a covered 
product during a representative average use cycle (as determined 
by the Administrator), and shall not be unduly burdensome to conduct. 
(2) If the test procedure is a procedure for determining estimated 
annual operating costs, such procedure shall provide that such costs 
shall be calculated from measurements of energy use in a representa-
tive average-use cycle (as determined by the Administrator), and from 
representative average unit costs of the energy needed to operate such 
product during such cycle. The Administrator shall provide infor-
mation to manufacturers respecting representative average unit costs 
of energy. 
(c) Effective 90 days after a test procedure rule applicable to a 
covered product is prescribed under this section, no manufacturer, 
distributor, retailer, or private labeler may make any representation— 
(1) in writing (including a representation on a label), or 
(2) in any broadcast advertisement, 
respecting the energy consumption of such product or cost of energy 
consumed by such product, unless such product has been tested in 
accordance with such test procedure and such representation fairly 
discloses the results of such testing. 
LABELING 
Rules. 
SEC. 324. (a) (1) The Commission shall prescribe labeling rules 
42 use 6294. 
under this section applicable to all covered products of each of the 
types specified in paragraphs (1) through (9) of section 322(a), 
except to the extent that, with respect to any such type (or class 
thereof) — 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 921 
(A) the Administrator determines under the second sentence 
of section 323(a)(6) that test procedures cannot be developed 
which meet the requirements of section 323(b); or 
(B) the Commission determines under the second sentence of 
subsection (b) (5) that labeling in accordance with this section is 
not technologically or economically feasible. 
(2) The Commission shall prescribe labeling rules under this section 
applicable to all covered products of each of the types specified in 
paragraphs (10) through (13) of section 322(a), except to the extent 
that with respect to any such type (or class thereof) — 
(A) the Administrator determines under the second sentence 
of section 323(a)(6) that test procedures cannot be developed 
which meet the requirements of section 323(b); or 
(B) the Commission determines under the second sentence of 
subsection (b) (5) that labeling in accordance with this section 
is not technologically or economically feasible or is not likely 
to assist consumers in making purchasing decisions. 
(3) The Commission may prescribe a labeling rule under this section 
applicable to covered products of a type specified in paragraph (14) of 
section 322(a) (or a class thereof) if— 
(A) the Commission or the Administrator has made a determi-
nation with respect to such type (or a class thereof) under section 
323(a)(5)(B), 
(B) the Administrator has prescribed test procedures under 
section 323(a) (5) for such type (or class thereof), and 
(C) the Commission determines with respect to such type (or 
class thereof) that application of labeling rules under this section 
to such type (or class thereof) is economically and technologically 
feasible. 
(4) Any determination under this subsection shall be published in Publication in 
the Federal Eegister. 
Federal Register. 
(b) (1) Not later than 30 days after the date on which a proposed 
test procedure applicable to a covered product of any of the types 
specified in paragraphs (1) through (14) of section 322(a) (or class 
thereof) is published under section 323(a), the Commission shall pub-
lish a proposed labeling rule applicable to such type (or class thereof). 
(2) The Commission shall afford interested persons an opportunity 
to present written or oral data, views, and comments with respect to 
the proposed labeling rules published under paragraph (1). The period 
for such presentations shall not be less than 45 days. 
(3) Not earlier than 45 days nor later than 60 days after the date 
on which test procedures are prescribed under section 323 with respect 
to covered products of any type (or class thereof) specified in para-
graphs (1) through (13) of section 322(a), the Commission shall 
prescribe labeling rules with respect to covered products of such t3^pe 
(or class thereof). Not earlier than 45 days after the date on which 
test procedures are prescribed under section 323 with respect to covered 
products of a type specified in paragraph (14) of section 322(a), the 
Commission may prescribe labeling rules with respect to covered 
products of such type (or class thereof). 
(4) A labeling rule prescribed under paragraph (3) shall take effect 
not later than 3 months after the date of prescription of such rule, 
except that such rules may take effect not later than 6 months after 
such date of prescription if the Commission determines that such 
89 STAT. 922 
PUBLIC LAW 94-163—DEC. 22, 1975 
extension is necessary to allow persons subject to such rules adequate 
time to come into compliance with such rules. 
Publication in 
(5) The Commission may delay the publication of a proposed label-
Federal Register, ing rule, or the prescription of a labeling rule, beyond the dates 
specified in paragraph (1) or (3), if it determines that it cannot 
publish proposed labeling rules or prescribe labeling rules which meet 
the requirements of this section on or prior to the date specified in the 
applicable paragraph and publishes such determination in the Federal 
Register, together with the reasons therefor. In any such case, it shall 
publish proposed labeling rules or prescribe labeling rules for covered 
products of such type (or class thereof) as soon as practicable unless 
it determines (A) that labeling in accordance with this section is not 
economically or technically feasible, or (B) in the case of a type 
specified in paragraphs (10) through (13) of section 322(a), that 
labeling in accordance with this section is not likely to assist con-
Publication in 
sumers in purchasing decisions. Any such determination shall be 
Federal Register, published in the Federal Register, together with the reasons therefor. 
This paragraph shall not apply to the prescription of a labeling rule 
with respect to covered products of a type specified in paragraph (14) 
of section 322(a). 
(c) (1) Subject to paragraph (6), a rule prescribed under this sec-
tion shall require that each covered product in the type or class of 
covered products to which the rule applies bear a label which 
discloses— 
(A) the estimated annual operating cost of such product 
(determined in accordance with test procedures prescribed under 
section 323), except that if— 
(i) the Administrator determines that disclosure of esti-
mated amiual operating cost is not technologically feasible, 
or 
(ii) the Commission determines that such disclosure is not 
likely to assist consumers in making purchasing decisions or is 
not economically feasible, 
the Commission shall rec^uire disclosure of a different useful meas-
ure of energy consumption (determined in accordance with test 
procedures prescribed under section 323); and 
(B) information respecting the range of estimated annual 
operating costs for covered products to which the rule applies; 
except that if the Commission requires disclosure under subpara-
graph (A) of a measure of energy consumption different from 
estimated annual operating cost, then the label shall disclose the 
range of such measure of energy consumption of covered products 
to which such rule applies. 
(2) A rule under this section shall include the following: 
(A) A description of the type or class of covered products to 
which such rule applies. 
(B) Subject to paragraph (6), information respecting the 
range of estimated annual operating costs or other useful measure 
of energy consumption (determined in such manner as the rule 
may prescribe) for such type or class of covered products. 
(C) A description of the test procedures under section 323 used 
in determining the estimated annual operating costs or other 
measure of energy consumption of the type or class of covered 
products. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 923 
(D) A prototype label and directions for displaying such label. 
(3) A rule under this section shall require that the label be dis-
played in a manner that the Commission determines is likely to assist 
consumers in making purchasing decisions and is appropriate to carry 
out this part. The Commission may permit a tag to be used in lieu of 
a label in any case in which the Commission finds that a tag will carry 
out the purposes for which the label was intended. 
(4) A rule under this section applicable to a covered product may 
require disclosure, in any printed matter displayed or distributed at 
the point of sale of such product, of any information which may be 
i-equired under this section to be disclosed on the label of such product. 
Requirements under this paragraph shall not apply to any broadcast 
advertisement or any advertisement in any newspaper, magazine, or 
other periodical. 
(5) The Commission may require that a manufacturer of a covered 
product to which a rule under this section applies— 
(A) include on the label, 
(B) separately attach to the product, or 
(C) ship with the product, 
additional information relating to energy consumption, if the Com-
mission determines that such additional information would assist con-
sumers in making purchasing decisions or in using such product, and 
that such requirement would not be unduly burdensome to manu-
facturers. 
(6) The Commission may delay the effective date of the requirement 
specified in paragraph (1) (B) of this subsection applicable to a type 
or class of covered product, insofar as it requires the disclosure on 
the label of information respecting range of a measure of energy con-
sumption, for not more than 12 months after the date on which the 
rule under this section is first applicable to such type or class, if the 
C/ommission determines that such information will not be available 
within an adequate period of time before such date. 
(d) A rule under this section (or an amendment thereto) shall not 
apply to any covered product the manufacture of which was completed 
prior to the effective date of such rule or amendment, as the case may be. 
(e) The Administrator, in consultation with the Commission, shall 
study consumer products for which labeling rules under this section 
have not been proposed, in order to determine (1) the aggregate energy 
consumption of such products, and (2) whether the imposition of 
labeling requirements under this section would be feasible and useful 
to consumers in making purchasing decisions. The Administrator shall 
include the results of such study in the annual report under section 338. 
(f) The Administrator and the Commission shall consult with each Consultetiion. 
other on a continuing basis as may be necessary or appropriate to 
carry out their respective responsibilities under this part. Before the 
Commission makes any determination under subsection (a) (1) or (2), 
it shall obtain the views of the Administrator and shall take such 
views into account in making such determination. 
(g) Until such time as labeling rules under this section take effect 
with respect to a type or class of covered product, this section shall 
not affect any authority of the Commission under the Federal Trade 
Commission Act to require labeling with respect to energy consump-
tion of such type or class of covered product. 
ENERGY EFFICIENCY STANDARDS 
SEC. 325. (a) (1) (A) Not later than 180 days after the date of 42 U
S
C 6295. 
enactment of this Act, the Administrator shall, by rule, prescribe an 
89 STAT. 924 
PUBLIC LAW 94-163—DEC. 22, 1975 
energy efficiency improvement target for each type of covered prod-
uct specified in paragraphs (1) through (10) of section 322(a). 
(B) The targets prescribed under subparagraph (A) shall be 
designed so that, if met, the aggregate energy efficiency of covered 
products of all types specified in paragraphs (1) through (10) of sec-
tion 322(a) which are manufactured in calendar year 1980 will exceed 
the aggregate energy efficiency achieved by products of all such types 
manufactured in calendar year 1972 by a percentage which is the 
maximum percentage improvement which the Administrator deter-
mines is economically and technologically feasible, but which in any 
case is not less than 20 percent. 
(2) Not later than one year after the date of enactment of this Act, 
the Administrator shall, by rule, prescribe an energy efficiency 
improvement target for each type of covered products specified in 
paragraphs (11), (12), and (13) of section 322(a). Each such target 
shall be desired to achieve the maximum improvement in energy 
efficiency which the Administrator determines is economically and 
technologically feasible to attain for each such type manufactured in 
calendar year 1980. 
(3) The Administrator may, from time to time, by rule, modify any 
energy efficiency improvement target prescribed under paragraph (1) 
or (2) so long as such target, as modified, meets the applicable require-
ments of paragraph (1) or (2). 
Reports. 
(4) (A) The Administrator shall require each manufacturer of cov-
ered products of the types specified in paragraphs (1) through (13) 
of section 332(a) to submit such reports, with respect to improvement 
of energy efficiency of such products, as the Administrator determines 
may be necessary to establish targets under this subsection or to ascer-
tain whether covered products of any such type will achieve the per-
centage improvement prescribed by the energy efficiency improvement 
target for such type. 
(B) If, on the basis of the reports received under subparagraph (A) 
or other information available to the Administrator, he determines 
that an energy efficiency improvement target applicable to any type of 
covered product specified in paragraphs (1) through (13) of section 
322(a) is not likely to be achieved, the Administrator shall commence 
a proceeding under subsection (b) to prescribe an energy efficiency 
standard for such type. 
(C) If, in a proceeding required to be commenced under subpara-
graph (B), the Administrator determines with respect to the type of 
product to which the proceeding relates (or class thereof)— 
(i) improvement of energy efficiency of covered products of 
such type (or class thereof) is technologically feasible and eco-
nomically justified, and 
(ii) the application of a labeling rule under section 324 appli-
cable to such type (or class thereo.f) is not likely to be sufficient 
to induce manufacturers to produce, and consumers and other 
persons to purchase, covered products of such type (or class 
thereof) which achieve the maximum energy efficiency which 
it is technologically feasible to attain, and which is economically 
justified, 
the Administrator shall prescribe an energy efficiency standard for 
such type (or, if the determinations are made with respect to one or 
more classes of such type, for such class or classes). 
(D) For purposes of subparagraph (B), improvement of energy 
efficiency is economically justified if it is economically feasible the 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 925 
benefits of reduced energy consumption, and the savings in operating 
costs throughout the estimated average life of the covered product, 
outweigh— 
(i) any increase to purchasers in initial charges for, or main-
tenance expenses of, the covered product which is likely to result 
from the imposition of the standard, 
(ii) any lessening of the utility or the performance of the 
covered product, and 
(iii) any negative effects on competition. 
(E) For purposes of subparagraph (D)(iii), the Administrator 
shall not determine that there are any negative effects on competition, 
unless the Attorney General (on request of the Administrator, the 
Commission, or any person, or on his own motion^ makes such deter-
mination and submits it in writing to the Administrator, together 
with his analysis of the nature and extent of such negative effects. The 
determination of the Attorney General shall be available for public 
inspection. 
(5) The Administrator may (without regard to paragraphs (1) 
through (4) (B)) commence a proceeding to prescribe an energy effi-
ciency standard applicable to any type or class of covered product 
(other than a consumer product classified as a covered product under 
section 322(b)). In such proceeding he may prescribe such a standard 
if he makes the determinations specified in clauses (i) and (ii) of 
paragraph (4) (C) of this subsection. 
(b) Any energy efficiency standard shall be prescribed in accord- Publication in 
ance with the following procedure: 
Federal Register. 
(1) The Administrator shall (A) publish an advance notice of 
proposed rulemaking which specifies (i) the type or class of 
covered products to which the rule will apply, and (ii) the energy 
efficiency level which the Administrator proposes to require by 
such energy efficiency standard, and (B) invite interested persons 
to submit, within 90 days after the date of publication of such 
advance notice— 
(i) written or oral presentations of data, views, and argu-
ment as to the proposed level of energy efficiency, and 
(ii) a proposed energy efficiency standard applicable to 
such type or class of covered product. 
(2) A proposed rule which prescribes an energy efficiency 
standard for a type or class of covered products may not be pre-
scribed earlier than 120 days after the date of publication of 
advance notice of proposed rulemaking for such type or class. 
(3) A rule prescribing an energy efficiency standard for a class 
or type of covered product may not be published earlier than 60 
days after the date of publication of the proposed rule under this 
section for such type or class. Such rule shall take effect not earlier 
than 180 days after the date of its publication in the Federal 
Register, Such rule (or any amendment thereto) shall not apply 
to any covered product the manufacture of which was completed 
prior to the effective date of the rule or amendment as the case 
may be. 
(c) An energy efficiency standard prescribed under this section shall 
include test procedures prescribed in accordance with section 323, and 
may include any requirement which the Administrator determines is 
necessary to assure that each covered product to which such standard 
applies meets the required minimum level of energy efficiency specified 
in such standard. 
(d) A rule with respect to any type or class of covered product 
prescribed under this section may not take effect unless a rule under 
section 324 with respect to such type or class of covered product has 
89 STAT. 926 
PUBLIC LAW 94-163—DEC. 22, 1975 
been in eifect at least 18 months prior to the effective date of the rule 
under this section. 
REQUIREMENTS OF MANUFACTURERS 
42 use 6296. 
SEC. 326. (a) Each manufacturer of a covered product to which a 
rule under section 324 applies shall provide a label which meets, and 
is displayed in accordance with, the requirements of such rule. If such 
manufacturer or any distributor, retailer, or private labeler of such 
product advertises such product in a catalog from which it may be 
purchased, such catalog shall contain all information required to be 
displayed on the label, except as otherwise provided by rule of the 
Commission. The preceding sentence shall not require that a catalog 
contain information respecting a covered product if the distribution of 
such catalog commenced before the effective date of the labeling rule 
under section 324 applicable to such product. 
(b) (1) Each manufacturer of a covered product to which a rule 
under section 324 applies shall notify the Commission, not later than 
60 days after the date such rule takes effect, of the models in current 
production (and starting serial numbers of those models) to which 
such rule applies. 
(2) If requested by the Administrator or Commission, the manu-
facturer of a covered product to which a rule under section 324 applies 
shall provide, within 30 days of the date of the request, the data 
from which the information included on the label and required by 
the rule was derived. Data shall be kept on file by the manufacturer 
for a period specified in the rule. 
(3) When requested by the Commission, the manufacturer of cov-
ered products to which a rule under section 324 applies shall supply 
at his expense a reasonable number of such covered products to any 
laboratory designated by the Commission for the purpose of ascer-
taining whether the information set out on the label, as required 
under section 324, is accurate. Any reasonable charge levied by the 
laboratory for such testing shall be borne by the United States. 
(4) Each manufacturer of a covered product to which a rule under 
section 324 applies shall annually, at a time specified by the Commis-
sion, supply to the Commission relevant data respecting energy con-
sumption developed in accordance with the test procedures applicable 
to such product under section 323. 
(5) A rule under section 323, 324, or 325 may require the manufac-
turer or his agent to permit a representative designated by the Com-
mission or the Administrator to observe any testing required by this 
part and inspect the results of such testing. 
(c) Each manufacturer shall use labels reflecting the range data 
required to be disclosed under section 324(c) (1) (B) after the 
expiration of 60 days following the date of publication of any revised 
table of ranges unless the rule under section 324 provides for a later 
date. The Commission may not require labels be changed to reflect 
revised tables of ranges more often than annually. 
EFFECT ON OTHER LAW 
42 use 6297. 
SEC. 327. (a) This part supersedes any State regulation insofar as 
such State regulation may now or hereafter provide for— 
(1) the disclosure of information with respect to any measure 
of energy consumption of any covered product— 
(A) if there is any rule under section 323 applicable to such 
covered product, and such State regulation requires test-
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 927 
ing in any manner other than that prescribed in such rule 
under section 323, or 
(B) if there is a rule under section 324 applicable to such 
covered product and such State regulation requires disclo-
sure of information other than information disclosed in 
accordance with such rule under section 324; or 
(2) any energy efficiency standard or similar requirement with 
respect to energy efficiency or energy use of a covered product— 
(A) if there is a standard under section 325 applicable to 
such product, and such State regulation is not identical to 
such standard, or 
(B) if there is a rule under section 323 or 324 applicable to 
such product and such State regulation requires testing in 
accordance with test procedures which are not identical to 
the test procedures specified in such rule. 
(b) (IJ If a State regulation provides for an energy efficiency stand- Petition, 
ard or similar requirement respecting energy use or energy efficiency 
of a covered product and if such State regulation is not superseded by 
subsection (a)(2), then any person subject to such State regulation 
may petition the Administrator for the prescription of a rule under 
this subsection which supersedes such State regulation in whole or in 
part. The Administrator shall, within 6 months after the date such 
a petition is filed, either deny such petition or prescribe a rule under 
this subsection superseding such State regulation. The Administrator 
shall issue such a rule with respect to a State regulation if and only 
if the petitioner demonstrates to the satisfaction of the Administrator 
that— 
(A) there is no significant State or local interest sufficient to 
justify such State regulation; and 
(B) such State regulation unduly burdens interstate commerce. 
(2) Notwithstanding the provisions of subsection (a), any State 
regulation which provides for an energy efficiency standard or similar 
requirement respecting energy use or energy efficiency of a covered 
product shall not be superseded by subsection (a) if the State pre-
scribing such standard demonstrates and the Administrator finds, by 
rule, that— 
(A) there is a substantial State or local need which is sufficient 
to justify such State regulation; 
(B) such State regulation does not unduly burden interstate 
commerce; and 
(C) if there is a Federal energy efficiency standard applicable 
to such product, such State regulation contains a more stringent 
energy efficiency standard than the corresponding Federal 
standard. 
(c) Notwithstanding the provisions of subsection (a), any State 
regulation which sets forth procurement standards for a State (or 
political subdivision thereof) shall not be superseded by the provisions 
of this part if such State standards are more stringent than the cor-
responding Federal standards. 
(d) For purposes of this section, the term "State regulation" means "State regulation." 
a law or regulation of a State or political subdivision thereof. 
(e) Any disclosure with respect to energy use, energy efficiency, or 
estimated annual operating cost, which is required to be made under 
the provisions of this part, shall not create an express or implied Avar-
ranty under State or Federal law that such energy efficiency will be 
achieved, or that such energy use or estimated annual operating cost 
will not be exceeded, under conditions of actual use. 
89 STAT. 928 
PUBLIC LAW 94-163—DEC. 22, 1975 
42 use 6298. 
Subpenas. 
42 use 6299. 
Witness fees. 
15 use 796. 
Post, p. 956. 
RUIiES 
SEC. 328. The Commission and the Administrator may each issue 
such rules as each deems necessary to carry out the provisions of this 
part. 
AtJTHOBITY TO OBTAIN INFORMATION 
SEC. 329. (a) For purposes of carrying out this part, the Commission 
and the Administrator may each sign and issue subpenas for the 
attendance and testimony of witnesses and the production of relevant 
books, records, papers, and other documents, and may each administer 
oaths. Witnesses summoned under the provisions of this section shall 
be paid the same fees and mileage as are paid to witnesses in the courts 
of the United States. In case of contumacy by, or refusal to obey a 
subpena served, upon any persons subject to this part, the Commission 
and the Administrator may each seek an order from the district court 
of the United States for any district in which such person is found or 
resides or transacts business requiring such person to appear and give 
testimony, or to appear and produce documents. Failure to obey any 
sach order is punishable by such court as a contempt thereof. 
(b) Any information submitted by any person to the Administrator 
or the Commission under this part shall not be considered energy 
information as defined by section 11(e) (1) of the Energy Supply and 
Environmental Coordination Act of 1974 for purposes of any verifica-
tion examination authorized to be conducted by the Comptroller Gen-
eral under section 501 of this Act. 
42 use 6300. 
42 use 6301. 
Rules. 
EXPORTS 
SEC. 330, This part shall not apply to any covered product if (1) 
such covered product is manufactured, sold, or held for sale for export 
from the United States (or such product was imported for export), 
unless such product is in fact distributed in commerce for use in the 
United States, and (2) such covered product when distributed in 
commerce, or any container in which it is enclosed when so distributed, 
bears a stamp or label stating that such covered product is intended for 
export. 
IMPORTS 
SEC. 331. Any covered product offered for importation in violation 
of section 332 shall be refused admission into the customs territory of 
the United States under rules issued by the Secretary of the Treasury, 
except that the Secretary of the Treasury may, by such rules, authorize 
the importation of such covered product upon such terms and condi-
tions (including the furnishing of a bond) as may appear to him 
appropriate to ensure that such covered product will not violate sec-
tion 332, or will be exported or abandoned to the United States. The 
Secretary of the Treasury shall prescribe rules under this section not 
later than 180 days after the date of enactment of this Act. 
PROHIBITED 
A C T S 
42 use 6302. 
SEC. 332. (a) It shall be unlawful— 
(1) for any manufacturer or private labeler to distribute in 
commerce any new covered product to which a rule under section 
324 applies, unless such covered product is labeled in accordance 
with such rule; 
(2) for any manufacturer, distributor, retailer, or private 
labeler to remove from any new covered product or render illegible 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 929 
any label required to be provided with such product under a rule 
under section 324; 
(3) for any manufacturer to fail to permit access to, or copying 
of, records required to be supplied under this part, or fail to make 
reports or provide other information required to be supplied under 
this part; 
(4) for any person to fail to comply with an applicable require-
ment of section 326 (a), (b) (2), (b) (3), or (b) (5) ; or 
(5) for any manufacturer or private labeler to distribute in 
commerce an^ new covered product which is not in conformity 
with an applicable energy efficiency standard prescribed under 
this part. 
(b) For purposes of this section, the term "new covered product" "New covered 
means a covered product the title of which has not passed to a pur- product." 
chaser who buys such product for purposes other than (1) reselling 
such product, or (2) leasing such product for a period in excess of one 
year. 
ENFORCEMENT 
SEC. 333. (a) Except as provided in subsection (b), any person Penalties, 
who knowingly violates any provision of section 332 shall be subject 
42 USC 6303. 
to a civil penalty of not more than $100 for each violation. Such penal-
ties shall be assessed by the Commission, except that penalties for vio-
lations of section 332(a) (3) which relate to requirements prescribed 
by the Administrator, violations of section 332(a) (4') which relate to 
requests of the Administrator under section 326(b) (2), or violations 
of section 332(a)(5) shall be assessed by the Administrator. Civil 
penalties assessed under this part may be compromised by the agency or 
officer authorized to assess the penalty, taking into account the nature 
and degree of the violation and the impact of the penalty upon a parti-
cular respondent. Each violation of paragraph (1), (2), or (5) of sec-
tion 332(a) shall constitute a separate violation with respect to each 
covered product, and each day of violation of section 332(a) (3) or 
(4) shall constitute a separate violation. 
(b) As used in subsection (a), the term "knowingly" means (1) 
"Knowingly." 
the having of actual knowledge, or (2) the presumed having of knowl-
edge deemed to be possessed by a reasonable man who acts in the 
circumstances, including knowledge obtainable upon the exercise of 
due care. 
(c) It shall be an unfair or deceptive act or practice in or affecting 
commerce (within the meaning of section 5(a)(1) of the Federal 15 U
S
C 45. 
Trade Commission Act) for any person to violate section 323(d) (2). 
INJUNCTIVE ENFORCEMENT 
SEC. 334. The United States district courts shall have jurisdiction 
to restrain (1) any violation of section 332 and (2) any person from 
distributing in commerce any covered product which does not comply 
with an applicable rule under section 324 or 325. Any such action shall 
be brought by the Commission, except that any such action to restrain 
any violation of section 332(a)(3) which relates to requirements 
prescribed by the Administrator, any violation of section 332(a) (4) 
which relates to requests of the Administrator under section 326(b) 
(2), or any violation of section 332(a)(5) shall be brought by the 
Administrator. Any such action may be brought in any United States 
district court for a district wherein any act, omission, or transaction 
constituting the violation occurred, or in such court for the district 
wherein the defendant is found or transacts business. In any action 
Jurisdiction. 
42 USC 6304. 
89 STAT. 930 
PUBLIC LAW 94-163—DEC. 22, 1975 
under this section, process may be served on a defendant in any other 
district in which the defendant resides or may be found. 
CITIZEN SUITS 
42 use 6305. 
SEC. 335. (a) Except as otherwise provided in subsection (b), any 
person may commence a civil action against— 
(1) any manufacturer or private labeler who is alleged to be in 
violation of any provision of this part or any rule under this part 
(excluding sections 325 and 332(a)(5), and rules thereunder); 
or 
(2) any Federal agency which has a responsibility under this 
part where there is an alleged failure of such agency to perform 
any act or duty under this part which is not discretionary 
(excluding any act or duty under section 325 or 332(a) (5)). 
Jurisdiction. 
The United States district courts shall have jurisdiction, without 
regard to the amount in controversy or the citizenship of the parties, 
to enforce such provision or rule, as the case may be. 
(b) No action may be commenced— 
(1) under subsection (a)(1) — 
(A) prior to 60 days after the date on which the plaintiff 
has given notice of the violation (i) to the Administrator, (ii) 
to the Commission, and (iii) to any alleged violator of such 
provision or rule, or 
(B) if the Commission has commenced and is diligently 
prosecuting a civil action to require compliance with such 
provision or rule, but, in any such action, any person may 
intervene as a matter of right. 
(2) under subsection (a) (2) prior to 60 days after the date on 
which the plaintiff has given notice of such action to the Admin-
istrator and Commission. 
Notice under this subsection shall be given in such manner as the 
Commission shall prescribe by rule. 
Intervention. 
(c) In such action under this section, the Administrator or the 
Commission (or both), if not a party, may intervene as a matter of 
right. 
Costs. 
(d) The court, in issuing any final order in any action brought 
pursuant to subsection (a) of this section, may award costs of litiga-
tion (including reasonable attorney and expert witness fees) to any 
party, whenever the court determines such award is appropriate. 
(e) Nothing in this section shall restrict any right which any per-
son (or class of persons) may have under any statute or common law 
to seek enforcement of this part or any rule thereunder, or to seek 
any other relief (including relief against the Administrator or the 
Commission). 
(f) For purposes of this section, if a manufacturer or private labeler 
complied in good faith with a rule under this part, then he shall not be 
deemed to have violated any provision of this part by reason of the 
alleged invalidity of such rule. 
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW 
42 use 6306. 
SEC. 336. (a) (1) Rules under sections 323, 324, 325(a) (1), (2), or 
(3), 327(b), or 328 shall be prescribed in accordance with section 553 
of title 5, United States Code, except that— 
(A) interested persons shall be afforded an opportunity to pre-
sent written and oral data, views, and arguments with respect to 
any proposed rule, and 
PUBLIC LAW 94-163—DEC. 22.1975 
89 STAT, 931 
(B) in the case of a rule under paragraph (1), (2), or (3) of 
section 325(a), the Administrator shall, by means of conferences 
or other informal procedures, afford any interested person an 
opportunity to question— 
(i) other interested persons who have made oral presenta-
tions under subparagraph (A), and 
(ii) employees of the United States who have made written 
or oral presentations, 
with respect to disputed issues of material fact. Such opportunity 
shall be afforded to the extent the Administrator determines that 
questioning pursuant to such procedures is likely to result in a 
more timely and effective resolution of such issues. 
A transcript shall be kept of any oral presentations made under this Transcript, 
paragraph. 
(2) Subsections (c) and (d) of section 18 of the Federal Trade 
Commission Act shall apply to rules under section 325 (other than sub- 15 USC 57a. 
sections (a)(1), (2), and (3)) to the same extent that such subsections 
apply to rules under section 18(a) (1) (B) of such Act. 
(b) (1) Any person who will be adversely affected by a rule pre- Petition, 
scribed under section 323 or 324 when it is effective may, at any time 
prior to the sixtieth day after the date such rule is prescribed, file a 
petition with the United States court of appeals for the circuit wherein 
such person resides or has his principal place of business, for a judicial 
review thereof. A copy of the petition shall be forthwith transmitted 
by the clerk of the court to the agency which prescribed the rule. Such 
agency thereupon shall file in the court the written submissions to, and 
transcript of, the proceedings on which the rule was based as provided 
in section 2112 of title 28, United States Code. 
(2) Upon the filing of the petition referred to in paragraph (1), Jurisdiction, 
the court shall have jurisdiction to review the rule in accordance 
with chapter 7 of title 5, United States Code, and to grant appropriate 
5 U
S
C 701. 
relief as provided in such chapter. No rule under section 323 or 324 
may be affirmed unless supported by substantial evidence. 
(3) The judgment of the court affirming or setting aside, in whole or 
in part, any such rule shall be final, subject to review by the Supreme 
Court of the United States upon certiorari or certification as provided 
in section 1254 of title 28, United States Code. 
(4) The remedies provided for in this subsection shall be in addition 
to, and not in substitution for, any other remedies provided by law. 
(5) Section 18(e) of the Federal Trade Commission Act shall apply 
to rules under section 325 (other than subsections (a) (1), (2) and 
(3)) to the same extent that it applies to rules under section 18(a) (1) 
(B) of such Act. 
CONSUMER EDUCATION 
SEC. 337. The Administrator shall, in close cooperation and coordi- 
42 U
S
C 6307. 
nation with the Commission and appropriate industry trade associa-
tions and industry members, including retailers, and interested con-
sumer and environmental organizations, carry out a program to edu-
cate consumers and other persons with respect to— 
(1) the significance of estimated annual operating costs; 
(2) the way in which comparative shopping, including compari-
sons of estimated annual operating costs, can save energy for the 
Nation and money for consumers; and 
(3) such other matters as the Administrator determines may 
encourage the conservation of energy in the use of consumer 
products. 
89 STAT. 932 
PUBLIC LAW 94-163—DEC. 22, 1975 
Such steps to educate consumers may include publications, audiovisual 
presentations, demonstrations, and the sponsorship of national and 
regional conferences involving manufacturers, distributors, retailers, 
and consumers, and State, local, and Federal Government representa-
tives. Nothing in this section may be construed to require the com-
pilation of lists which compare the estimated annual operating costs 
of consumer products by model or manufacturer's name. 
ANNUAL REPORT 
42 use 6308. 
SEC. 338. The Administrator shall report to the Congress and the 
President either (1) as part of his annual report, or (2) in a separate 
report submitted annually, on the progress of the program undertaken 
pursuant to this part and on the energy savings impact of this part. 
AUTHORIZATION OF APPROPRIATIONS 
42 use 6309. 
SEC. 339. (a) There are authorized to be appropriated to the 
Administrator not more than the following amounts to carry out his 
responsibilities under this part— 
(1) $1,700,000 for fiscal year 1976; 
(2) $1,500,000 for fiscal year 1977; and 
(3) $1,500,000 for fiscal year 1978. 
(b) There are authorized to be appropriated to the Commission not 
more than the following amounts to carry out its responsibilities 
under this part— 
(1) $650,000 for fiscal year 1976; 
(2) $700,000 for fiscal year 1977; and 
(3) $700,000 for fiscal year 1978. 
(c) There are authorized to be appropriated to the Administrator 
to be allocated not more than the following amounts— 
(1) $1,100,000 for fiscal year 1976; 
(2) $700,000 for fiscal year 1977; and 
(3) $700,000 for fiscal year 1978. 
Such amounts shall, and any amounts authorized to be appropriated 
under subsection (a), may be allocated by the Administrator to the 
National Bureau of Standards. 
PART C—STATE ENERGY CONSERVATION PLANS 
FINDINGS AND PURPOSE 
42 use 6321. 
SEC. 361. (a) The Congress finds that— 
(1) the development and implementation by States of laws, 
policies, programs, and procedures to conserve and to improve effi-
ciency in the use of energy will have an immediate and substantial 
effect in reducing the rate of growth of energy demand and in 
minimizing the adverse social, economic, political, and environ-
mental impacts of increasing energy consumption; 
(2) the development and implementation of energy conserva-
tion programs by States will most efficiently and effectively mini-
mize any adverse economic or employment impacts of changing 
patterns of energy use and meet local economic, climatic, geo-
graphic, and other unique conditions and requirements of each 
State; and 
(3) the Federal Government has a responsibility to foster and 
promote comprehensive energy conservation programs and prac-
tices by establishing guidelines for such programs and providing 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 933 
overall coordination, technical assistance, and financial support 
for specific State initiatives in energy conservation, 
(b) It is the purpose o,f this part to promote the conservation of 
energy and reduce the rate of growth of energy demand by authorizing 
the Administrator to establish procedures and guidelines for the 
development and implementation of specific State energy conservation 
programs and to provide Federal financial and technical assistance to 
States in support of such programs. 
STATE ENERGY CONSERVATION PLANS 
Feasibility 
report. 
42 use 6322. 
SEC. 362. (a) The Administrator shall, by rule, within 60 days 
after the date of enactment of this Act, prescribe guidelines for the 
preparation of a State energy conservation feasibility report. The 
Administrator shall invite the Governor of each State to submit, 
within 3 months after the effective date of such guidelines, such a 
report. Such report shall include— 
(1) an assessment of the feasibility of establishing a State 
energy conservation goal, which goal shall consist of a reduction, 
as a result of the implementation the State energy conservation 
plan described in this section, of 5 percent or more in the total 
amount of energy consumed in such State in the year 1980 from 
the projected energy consumption for such State in the year 
1980, and 
(2) a proposal by such State for the development of a State 
energy conservation plan to achieve such goal. 
(b) The Administrator shall, by rule, within 6 months after the Guidelines, 
date of enactment of this Act, prescribe guidelines with respect to 
measures required to be included in, and guidelines for the develop-
ment, modification, and funding of, State energy conservation plans. 
The Administrator shall invite the Governor of each State to submit, 
within 5 months after the effective date of such guidelines, a report. 
Such report shall include— 
(1) a proposed State energy conservation plan designed to 
result in scheduled progress toward, and achievement of, the 
State energy conservation goal of such State; and 
(2) a detailed description of the requirements, including the 
estimated cost of implementation and the estimated energy sav-
ings, associated with each functional category of energy conserva-
tion included in tlie State energy conservation plan. 
(c) Each proposed State energy conservation plan to be eligible for 
Federal assistance under this part shall include— 
(1) mandatory lighting efficiency standards for public build-
ings (except public buildings owned or leased by the United 
States); 
(2) programs to promote the availability and use of carpools, 
vanpools, and public transportation (except that no Federal funds 
provided under this part shall be used for subsidizing fares for 
public transportation); 
(3) mandatory standards and policies relating to energy effi-
ciency to govern the procurement practices of such State and its 
political subdivisions; 
(4) mandatory thermal efficiency standards and insulation 
requirements for new and renovated buildings (except buildings 
owned or leased by the United States) ;,and 
(5) a traffic law or regulation which, to the maximum extent 
practicable consistent with safety, permits the operator of a motor 
vehicle to turn such vehicle right at a red stop light after stopping. 
89 STAT. 934 
PUBLIC LAW 94-163—DEC. 22, 1975 
(d) Each proposed State energy conservation plan may include— 
(1) restrictions governing the hours and conditions of opera-
tion of public buildings (except buildings owned or leased by the 
United States); 
(2) restrictions on the use of decorative or nonessential 
lighting; 
^3) transportation controls; 
(4) programs of public education to promote energy conserva-
tion; and 
(5) any other appropriate method or programs to conserve and 
to improve efficiency in the use of energy. 
Standby plan. 
(e) The Governor of any State may submit to the Administrator a 
State energy conservation plan which is a standby energy conservation 
plan to significantly reduce energy demand by regulating the public 
and private consumption of energy during a severe energy supply 
interruption, which plan may be separately eligible for Federal 
assistance under this part without regard to subsections (c) and (d) 
of this section. 
FEDERAL ASSISTANCE TO STATES 
42 use 6323. 
SEC. 363. (a) Upon request of the Governor of any State, the Admin-
istrator shall provide, subject to the availability of personnel and 
funds, information and technical assistance, including model State 
laws and proposed regulations relating to energy conservation, and 
other assistance in— 
(1) the preparation of the reports described in section 362, and 
(2) the development, implementation, or modification of an 
energy conservation plan of such State submitted under section 
362 (b) or (e). 
(b) (1) The Administrator may grant Federal financial assistance 
pursuant to this section for the purpose of assisting such State in the 
development of any such energy conservation plan or in the imple-
mentation or modification of a State energy conservation plan or part 
thereof which has been submitted to and approved by the Adminis-
trator pursuant to this part. 
(2) In determining whether to approve a State energy conservation 
plan submitted under section 362 (b) or (e), the Administrator— 
(A) shall take into account the impact of local economic, cli-
matic, geographic, and other unique conditions and requirements 
of such State on the opportunity to conserve and to improve 
efficiency in the use of energy in such State; and 
(B) may extend the period of time during which a State energy 
conservation feasibility report or State energy conservation plan 
may be submitted if the Administrator determines that partici-
pation by the State submitting such report or plan is likely to 
result in significant progress toward achieving the purposes of 
this Act. 
(3) In determining the amount of Federal financial assistance to 
be provided to any State under this subsection, the Administrator 
shall consider— 
(A) the contribution to energy conservation which can reason-
ably be expected, 
(B) the number of people affected by such plan, and 
(C) the consistency of such plan with the purposes of this Act, 
and such other factors as the Administrator deems appropriate. 
Recordkeeping. 
(c) Each recipient of Federal financial assistance under subsection 
(b) shall keep such records as the Administrator shall require, includ-
ing records which fully disclose the amount and disposition by each 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 935 
recipient of the proceeds of such assistance, the total cost of the project 
or program for which such assistance was given or used, the source 
and amount of funds for such projects or programs not supplied by 
the Administrator, and such other records as the Administrator deter-
mines necessary to facilitate an effective audit and performance eval-
uation. The Administrator and Comptroller General of the United Access and audit. 
States, or any of their duly authorized representatives, shall have 
access for the purpose of audit and examination to any pertinent 
books, documents, papers, and records of any recipient of Federal 
assistance under this part. ' 
ENERGY CONSERVATION GOALS 
SEC. 364. Upon the basis of the reports submitted pursuant to this 42 USC 6324. 
part and such other information as is available, the Administrator 
shall, at the earliest practicable date, set an energy conservation goal 
for each State for 1980 and may set interim goals. Such goal or goals 
shall consist of the maximum reduction in the consumption of energy 
during any year as a result of the implementation of the State energy 
conservation plan described in section 362(b) which is consistent with 
technological feasibility, financial resources, and economic objectives, 
by comparison with the projected energy consumption for such State in 
such year. The Administrator shall specify the assumptions used in 
the determination of the projected energy consumption in each State, 
taking into account population trends, economic growth, and the 
effects of national energy conservation programs. 
GENERAL PROVISIONS 
SEC. 365. (a) The Administrator may prescribe such rules as may Rules, 
be necessary or appropriate to carry out his authority under this part. 42 USC 6325. 
(b) In carrying out the provisions of sections 362 and 364 and sub- Consultation, 
section (a) of section 363, the Administrator shall consult with 
appropriate departments and Federal agencies. 
(c) The Administrator shall report annually to the President and Annual report: to 
the Congress, and shall furnish copies of such report to the Governor President and 
of each State, on the operation of the program under this part. Such Congress, 
report shall include an estimate of the energy conservation achieved, 
the degree of State participation and achievement, a description of 
v 
innovative conservation programs undertaken by individual States, 
and the recommendations of the Administrator, if any, for additional 
legislation. 
(d) There are authorized to be appropriated for carrying out the Appropriation 
provisions of this part $50,000,000 for fiscal year 1976, $50,000,000 authorization, 
for fiscal year 1977, and $50,000,000 for fiscal year 1978. 
DEFINITIONS 
SEC. 366. As used in this part— 
(1) The term "public building" means any building which is 
open to the public during normal business hours. 
(2) The term "transportation controls" means any plan, pro-
cedure, method, or arrangement, or any system of incentives, 
disincentives, restrictions, and requirements, which is designed 
to reduce the amount of energy consumed in transportation, 
except that the term does not include rationing of gasoline or 
diesel fuel. 
42 USC 6326. 
89 STAT. 936 
PUBLIC LAW 94-163—DEC. 22, 1975 
PART D—INDUSTRIAL ENERGY CONSERVATION 
DEFINITIONS 
42 use 6341. 
SEC. 371. As used in this part— 
(1) The term "chief executive officer" means, within a corpora-
tion, the individual whom the Administrator determines, for 
purposes of this part, is in charge of operations. 
(2) The term "corporation" means a person as defined in sec-
tion 3(2) (B) and includes any person so defined which controls, 
is controlled by, or is under common control with such person. If 
a corporation is engaged in more than one major energy-consum-
ing industry, such corporation shall be treated as a separate 
corporation with respect to each such industry. 
(3) The term "energy efficiency" means the amount of indus-
trial output or activity per unit of energy consumed therein, as 
determined by the Administrator. 
(4) The term "major energy-consuming industry" means a two-
digit classification, within the manufacturing division of economic 
activity set forth in the Standard Industrial Classification (SIC) 
Manual by a code number, which the Administrator determines is 
suited to the purposes of this part. 
42 use 6342. 
SEC. 372. The Administrator shall establish and maintain, in con-
sultation with the Secretary of Commerce and the Administrator of 
the Energy Research and Development Administration, a program— 
(1) to promote increased energy efficiency by American indus-
try, and 
(2) to establish voluntary energy efficiency improvement 
targets for at least the 10 most energy-consumptive major energy-
consuming industries. 
IDENTIFICATION OF MAJOR ENERGY CONSUMERS 
42 use 6343. 
SEC. 373. Within 90 days after the date of enactment of this Act, 
the Administrator shall identify each major energy-consuming indus-
try in the United States, and shall establish a priority ranking of such 
industries on the basis of their respective total annual energy con-
sumption. Within each industry so identified, the Administrator shall 
identify each corporation which— 
(1) consumes at least one trillion British thermal units of 
energy per year, and 
(2) is among the corporations identified by the Administrator 
as the 50 most energy-consumptive corporations in such industry. 
INDIVIDUAL ENERGY EFFICIENCY IMPROVEMENT TARGETS 
42 use 6344. 
^EC. 374. (a) Within one year after the date of enactment of this 
Act, the Administrator shall set an industrial energy efficiency 
improvement target for each of the 10 most energy-consumtive indus-
tries identified under section 373. Each such target— 
(1) shall be based upon the best available information, 
(2) shall be established at the level which represents the maxi-
mum feasible improvement in energy efficiency which such indus-
try can achieve by January 1,1980, and 
Publication in the 
(3) shall be published in the Federal Register, together with 
Federal Register. 
a statement of the basis and justification for each such target. 
(b) In determining maximum feasible improvement under subsec-
tion (a) and under subsection (c), the Administrator shall consider— 
(1) the objectives of the program established under section 372, 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 937 
(2) the technological feasibility and economic practicability of 
utilizing alternative operating procedures and more energy eflSl-
cient technologies, 
(3) any special circumstances or characteristics of the industry 
for which the target is being set, and 
(4) any actions planned or implemented by each such industry 
to reduce consumption by such industry of petroleum products 
and natural gas. 
(c) The Administrator may, in order to carry out section 372(1), 
set an industrial energy efficiency improvement target for any major 
energy-consuming industry to which subsection (a) does not apply. 
Each such target— 
(1) shall be based upon the best available information, 
(2) shall be established at the level which represents the maxi-
mum feasible improvement in energy efficiency which such indus-
try can achieve by January 1,1980, and 
(3) shall be published in the Federal Register, together with a 
statement of the basis and justification for each such target. 
(d) Any target established under subsection (a) or (c) may be 
modified at any time if the Administrator— 
(1) determines that such target cannot reasonably be attained, 
or could reasonably be made more stringent, and 
(2) publishes such determination in the Federal Register, 
together with a statement of the basis and justification for such 
modification. 
KEP0RT8 
SEC. 375. (a) The chief executive officer (or individual designated 
by such officer) of each corporation which is identified by the Admin-
istrator pursuant to section 373, and which is in an industry for which 
an industrial energy efficiency improvement target has been set under 
section 374(a), shall report to the Administrator not later than Janu-
ary 1, 1977, and annually thereafter, on the progress which such cor-
poration has made in improving its energy efficiency. Such report 
shall contain such information as the Administrator determines is 
necessary to measure progress toward meeting the energy efficiency 
improvement target set for the industry of which such corporation is 
a part, except that the Administrator shall not require such report if 
such corporation is in an industry which has an adequate voluntary 
reporting program (as defined by section 376(g)). 
(b) The Administrator shall prepare, publish, and make available, 
for use in complying with the reporting requirements under subsection 
(a), a simple form which shall be designed in such a way as to avoid 
imposing an undue burden on any corporation which is required to 
submit reports under subsection (a). 
(c) The Administrator shall prepare and submit to the Congress 
and to the President, and shall cause to be published, an annual report 
on the industrial energy efficiency program established under section 
372. Each such report shall include— 
(1) a summary of the progress made toward the achievement 
of the industrial energy efficiency improvement targets set by the 
Administrator; and 
(2) a summary of the progress made toward meeting such 
industrial energy efficiency improvement targets since the date 
of publication of the previous such report, if any. 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
Report to EPA 
Administration. 
42 u s e 6345. 
Forms. 
Annual report to 
Congress and 
President. 
89 STAT. 938 
PUBLIC LAW 94-163—DEC. 22, 1975 
Jurisdiction. 
42 use 6346. 
15 use 796. 
Post, p. 956. 
Exemption. 
GENERAL 
PROVISIONS 
SEC. 376. (a) The district courts of the United States shall have 
jurisdiction, upon petition, to issue an order to the chief executive 
officer of any corporation subject to the reporting requirements of 
section 375(a), requiring such person to comply forthwith. Failure to 
obey such an order shall be treated by any such court as a contempt 
thereof. 
(b) In addition to the exercise of authority under this part, the 
Administrator may exercise any authority he has under any provision 
of law (other than this part) to obtain such information with respect 
to industrial energy efficiency and industrial energy conservation as is 
necessary or appropriate to the attainment of the objectives of the 
])rogram established under section 372. 
(c) The Administrator shall afford interested persons an opportun-
ity to submit written and oral data, views, and arguments prior to the 
establishment of any industrial energy efficiency improvement target 
under section 374 and prior to publication of any reporting require-
ments under section 375. 
(d) Any information submitted by a corporation to the Administra-
tor under this part shall not be considered energy information, as 
defined by section 11(e) (1) of the Energy Supply and Environmental 
Coordination Act of 1974, for purposes of any verification examination 
authorized to be conducted by the Comptroller General under section 
501 of this Act. 
(e) The Administrator may not disclose any information obtained 
under this part which is a trade secret or other matter described in 
section 552(b) (4) of title 5, United States Code, disclosure of which 
may cause significant competitive damage; except to committees of 
Congress upon request of such committees. Prior to disclosing any 
information described in such section 552(b)(4), the Administrator 
shall afford the person who provided such information an opportunity 
to comment on the proposed disclosure. 
(f) No liability shall attach, and no civil or criminal penalties may 
be imposed, for any failure to meet any industrial energy efficiency 
improvement target established under section 374 of this Act. 
(g)(1) The Administrator shall exempt a corporation from the 
requirements of section 375(a) if such corporation is in an industry 
which has an adequate voluntary reporting program, as determined 
by the Administrator annually after notice and opportunity for 
interested persons to comment. An industry's voluntary reporting 
program shall be determined to be adequate only if— 
(A) each corporation within such industry which is identified 
under section 373 fully participates in such program ; 
(B) all information deemed necessary by the Administrator for 
purposes of evaluating the progress made by such industry in 
achieving the industry energy efficiency improvement target set 
forth under section 374 is provided to the Administrator; and 
(C) reports made to a trade association or other person, in 
connection with such program, are retained for a reasonable period 
of time and are available to the Administrator. 
(2) If the Administrator determines that an industry's voluntary 
reporting program is not adequate solely on the basis that any corpo-
ration within such industry is not fully participating in such program, 
he shall exempt from the requirements of section 375(a) only those 
corporations which fully participate in such program. 
(h) Nothing in this part shall limit the authority of the Adminis-
trator to require reports of energy information under any other law. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 939 
PART 
E—OTHER 
FEDERAL ENERGY 
CONSERVATION MEASURES 
FEDERAL ENERGY CONSERVATION PROGRAMS 
SEC. 381. (a) (1) The President shall, to the extent of his authority 42 USC 6361. 
under other law, establish or coordinate Federal agency actions to 
develop mandatory standards with respect to energy conservation and 
energy efficiency to govern the procurement policies and decisions of 
the Federal Government and all Federal agencies, and shall take such 
steps as are necessary to cause such standards to be implemented. 
(2) The President shall develop and, to the extent of his authority 
under other law, implement a 10-year plan for energy conservation 
with respect to buildings owned or leased by an agency of the United 
States. Such plan shall include mandatory lighting efficiency stand-
ards, mandatory thermal efficiency standards and insulation require-
ments, restrictions on hours of operation, thermostat controls, and 
other conditions of operation, and plans for replacing or retrofitting 
to meet such standards. 
(b) (1) The Administrator shall establish and carry out a responsi-
ble public education program— 
(A) to encourage energy conservation and energy efficiency; 
or 
(B) to promote van pooling and carpooling arrangements. 
(2) For purposes of this subsection: 
Definitions. 
(A) The term "van" means any automobile which the Admin-
istrator determines is manufactured primarily for use in the 
transportation of not less than 8 individuals and not more than 
15 individuals. 
(B) The term "van pooling arrangement" means an arrange-
ment for the transportation of employees between their residences 
or other designated locations and their place of employment on 
a nonprofit basis in which the operating costs of such arrangement 
are paid for by the employees utilizing such arrangement. 
(c) The President shall submit to the Congress an annual report Annual report to 
concerning all steps taken under subsections (a) and (b). 
Congress. 
ENERGY C O N S E R V A T I O N I N POLICIES AND PRACTICES 
OP CERTAIN FEDERAL AGENCIES 
SEC. 382. (a) (1) The Civil Aeronautics Board, the Interstate Com-
merce Commission, the Federal Maritime Commission, the Federal 
Power Commission, and the Federal Aviation Administration shall 
each conduct a study and shall each report to the Congress within 60 
days after the date of enactment of this Act with respect to energy 
conservation policies and practices which such agencies have insti-
tuted subsequent to October 1973. 
(2) Each of the agencies specified in paragraph (1) shall, within 
120 days after the date of enactment of this Act, report to the Con-
gress with respect to the content and feasibility of proposed programs 
for additional savings in energy consumption by the persons regulated 
by each such agency which have as a minimum goal a 10-percent 
reduction, within 12 months of the institution of such programs, in 
energy consumption from the amount of energy consumed during 
calendar 1972, including any legislative recommendations each such 
agency finds are necessary to achieve such goal. 
(3) Each of the agencies specified in paragraph (1) shall conduct 
a study and prepare a report with respect to any requirement of any 
law administered by such agency or any major regulatory action which 
Report to 
Congress. 
42 USC 6362. 
Report to 
Congress. 
Report to 
Congress. 
89 STAT. 940 
PUBLIC LAW 94-163—DEC. 22, 1975 
Energy impact 
statement. 
the agency determines has the effect of requiring, permitting, or 
inducing the inefficient use of petroleum products, coal, natural gas, 
electricity, and other forms of energy, together with a statement of the 
need, purpose, or justification of any such requirement or such action. 
Each such report shall be submitted to the Congress within one year 
after the date of enactment of this Act. 
(b) Except as provided in subsection (c), each of the agencies 
specified in subsection (a) (1) shall, where practicable and consistent 
with the exercise of their authority under other law, include in any 
major regulatory action (as defined by rule by each such agency) 
taken by each such agency, a statement of the probable impact of such 
major regulatory action on energy efficiency and energy conservation. 
(c) Subsection (b) shall not apply to any authority exercised under 
any provision of law designed to protect the public health or safety. 
42 use 6363. 
Definitions. 
Report to Federal 
Trade 
Commission. 
Rules. 
FEDERAL 
ACTIONS 
WITH 
RESPECT 
TO 
RECYCLED 
OIL 
SEC. 383. (a) The purposes of this section are— 
(1) to encourage the recycling of used oil; 
(2) to promote the use of recycled oil; 
(3) to reduce consumption of new oil by promoting increased 
utilization of recycled oil; and 
(4) to reduce environmental hazards and wasteful practices 
associated with the disposal of used oil. 
(b) As used in this section: 
(1) the term "used oil" means any oil which has been refined 
from crude oil, has been used, and as a result of such use has been 
contaminated by physical or chemical impurities. 
(2) The term "recycled oil" means— 
(A) used oil from which physical and chemical contami-
nants acquired through use have been removed by re-refining 
or other processing, or 
(B) any blend of oil, consisting of such re-refined or 
otherwise processed used oil and new oil or additives, 
with respect to which the manufacturer has determined, pursuant 
to the rule prescribed under subsection (d) (1) (A) (i), is sub-
stantially equivalent to new oil for a particular end use. 
(3) The term "new oil" means any oil which has been refined 
from crude oil and has not been used, and which may or may not 
contain additives. Such term does not include used oil or recycled 
oil. 
(4) The term "manufacturer" means any person who re-refines 
or otherwise processes used oil to remove physical or chemical 
impurities acquired through use or who blends such re-refined or 
otherwise processed used oil with new oil or additives. 
(5) The term "Commission" means the Federal Trade Com-
mission. 
(c) As soon as practicable after the date of enactment of this Act, 
the National Bureau of Standards shall develop test procedures for 
the determination of substantial equivalency of re-refined or otherwise 
processed used oil or blend of oil, consisting of such re-refined or other-
wise processed used oil and new oil or additives, with new oil for a 
particular end use. As soon as practicable after development of such 
test procedures, the National Bureau of Standards shall report such 
procedures to the Commission. 
(d) (1) (A) Within 90 days after the date on which the Commis-
sion receives the report under subsection (c), the Commission shall, 
by rule, prescribe— 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 941 
(i) test procedures for the determination of substantial equiv-
alency of re-refined or otherwise processed used oil or blend of 
oil, consisting of such re-refined or otherwise processed used oil 
and new oil or additives, with new oil distributed for a particular 
end use; and 
(ii) labeling standards applicable to containers of recycled oil 
in order to carry out the purposes of this section. 
(B) Such labeling standards shall permit any container of recycled 
oil to bear a label indicating any particular end use for which a deter-
mination of substantial equivalency has been made pursuant to sub-
paragraph (A) (i). 
(2) Not later than the expiration of such 90-day period, the Admin- Rules, 
istrator of the Environmental Protection Agency shall, by rule, pre-
scribe labeling standards applicable to containers of new oil, used oil, 
and recycled oil relating to the proper disposal of such oils after use. 
Such standards shall be designed to reduce, to the maximum extent 
practicable, environmental hazards and wasteful practices associated 
with the disposal of such oils after use. 
(e) Beginning on the effective date of the standards prescribed pur-
suant to subsection (d) (1) (A)— 
(1) no rule or order of the Commission, other than the rules 
required to be prescribed pursuant to subsection (d) (1) (A), and 
no law, regulation, or order of any State or political subdivision 
thereof may apply, or remain applicable, to any container of 
recycled oil, if such law, regulation, rule, or order requires any 
container of recycled oil, which container bears a label in accord-
ance with the terms of the rules prescribed under subsection 
(d)(1)(A), to bear any label with respect to the comparative 
characteristics of such recycled oil with new oil which is not 
identical to that permitted by the rule respecting labeling stand-
ards prescribed under subsection (d) (1) (A) (ii); and 
(2) no rule or order of the Commission may require any con-
tainer of recycled oil to also bear a label containing any term, 
phrase, or description which connotes less than substantial equiv-
alency of such recycled oil with new oil. 
(f) After the effective date of the rules required to be prescribed 
under subsection (d)(1)(A), all Federal officials shall act within 
their authority to carry out the purposes of this section, including— 
(1) revising procurement policies to encourage procurement of 
recycled oil for military and nonmilitary Federal uses whenever 
such recycled oil is available at prices competitive with new oil 
procured for the same end use; and 
(2) educating persons employed by Federal and State govern-
ments and private sectors of the economy of the merits of 
recycled oil, the need for its use in order to reduce the drain on 
the Nation's oil reserves, and proper disposal of used oil to avoid 
waste of such oil and to minimize environmental hazards asso-
ciated with improper disposal. 
TITLE IV—PETROLEUM PRICING POLICY AND OTHER 
AMENDMENTS TO THE ALLOCATION ACT 
PART A—PRICING POLICY 
OIL PRICING POLICY 
SEC. 401. (a) The Emergency Petroleum Allocation Act of 1973 is 15 U
S
C 751 note, 
amended by adding at the end thereof the following new sections: 
89 STAT. 942 
PUBLIC LAW 94-163—DEC. 22, 1975 
a 
15 use 757. 
15 use 753. 
"Old crude oil 
production." 
OIL PRICING POLICY 
"SEC. 8. (a) Not later than the first day of the second full calendar 
month following the date of enactment of this section, the President 
shall promulgate and make effective an amendment to the regulation 
under section 4(a) of this Act which regulation, as amended, shall 
establish ceiling prices (or the manner of determining ceiling prices) 
applicable to any first sale of crude oil produced in the United States, 
such that the resulting actual weighted average first sale price for all 
such crude oil during such calendar month and each of the 39 months 
thereafter shall not exceed a maximum of $7.66 per barrel (hereinafter 
in this section referred to as the "maximum weighted average first sale 
price"), except as may be adjusted pursuant to this section. 
"(b) (1) The regulation under section 4:(a), as amended pursuant to 
subsection (a) of this section or by any subsequent amendment thereto, 
may, subject to the limitations related to the maximum weighted aver-
age first sale price and other requirements of this section, provide for 
different ceiling prices (or manner of determining ceiling prices) for 
different classifications of crude oil produced in the United States. In 
providing for different ceiling prices (or the manner for determining 
such ceiling prices) and classifications for such crude oil, the Presi-
dent shall determine that such ceiling prices (or the manner for deter-
mining such ceiling prices) and such classifications— 
" (A) are administratively feasible; and 
"(B) are justified on the basis that such prices and such classifi-
cations are consistent with obtaining optimum production of crude 
oil in the United States. 
" (2) No amendment to the regulation under section 4(a) made after 
the date of enactment of this section may permit, in any month which 
begins after such date, an increase in the price for any volume of old 
crude oil production from any priorities, unless the President finds 
that such amendment— 
"(A) will give positive incentives for (i) enhanced recovery 
techniques, or (ii) deep horizon development, from such proper-
ties; or 
"(B) is necessary to take into account declining production 
from such properties; and 
"(C) is likely to result in a level of production from such prop-
erties beyond that which would otherwise occur if no such amend-
ment were made. 
"(3) As used in paragraph (2), the term 'old crude oil production' 
means that volume of crude oil produced and sold from a property in 
a month which is equal to or less than the volume of old crude oil, as 
defined in section 212.72 of title 10, Code of Federal Regulations (as in 
effect on November 1, 1975), produced and sold from such property 
in the months of September, October, and November of 1975, divided 
by 3. 
"(c)(1) Not later than 6 months after the effective date of the 
amendment promulgated under subsection (a), and not later than 
every 6 months thereafter, the President shall, on the basis of valid 
and reliable information (which may include information obtained 
by a valid and reliable sampling technique) of actual first sale prices 
of domestic crude oil, determine whether and the extent to which the 
actual weighted average first sale price for crude oil produced in the 
United States during any 6-month period or portion thereof for 
which data are available following the effective date of the amend-
ment promulgated under subsection (a) of this section, exceeded or 
was less than the maximum weighted average first sale price of such 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 943 
crude oil specified in subsection (a) as may be adjusted pursuant to 
this section. 
"(2) If the President finds, pursuant to paragraph (1) of this 
subsection, that the regulation under section 4(a), as amended, resulted 
in an actual weighted average first sale price in excess of the maxi-
mum weighted average first sale price specified in subsection (a) as 
adjusted pursuant to this section, he shall amend the regulation to 
make such compensating adjustments as are necessary to result, in a 
corresponding period, in an actual weighted average first sale price 
for domestic crude oil sufficient to offset such excess. 
"(3) If the President finds, pursuant to paragraph (1) of this sub-
section, that the regulation under section 4(a), as amended, resulted 
in an actual weighted average first sale price less than the maximum 
weighted average first sale price specified in subsection (a) as adjusted 
pursuant to this section, he may, notwithstanding the requirements of 
this section pertaining to such maximum weighted average firet sale 
price, amend the regulation to make such compensating adjustments in 
the regulation as are necessary to offset the deficiency in a correspond-
ing period. 
"(d)(1) The amendment promulgated pursuant to subsection (a) 
of this section (or any subsequent amendment to the regulation under 
section 4(a)) may provide for an adjustment to the maximum 
weighted average first sale price specified in subsection (a), such 
adjustment to begin no earlier than in the calendar month following 
the first month the amendment is in effect— 
" (A) to take into account the impact of inflation as measured by 
the adjusted GNP deflator; and 
"(B) as a production incentive; 
except that any adjustment as a production incentive shall not permit 
an increase in the maximum weighted average first sale price in excess 
of 3 per centum per annum (compounded annually), unless modified 
pursuant to this section, and the combined effect of any such adjust-
ments referred to in subparagraphs (A) and (B) shall not result in 
an increase in the maximum weighted average first sale price in excess 
of 10 per centum per annum (compounded annually), unless modified 
pursuant to this section. 
"(2) As used in this subsection, the term 'adjusted GNP deflator' 
means the first revision of the quarterly percent change, seasonally 
adjusted at annual rates, of the most recent implicit price deflator 
for the gross national product which shall be computed and published 
for each calendar quarter by the Department of Commerce, subject 
to such additional modification as the President shall make to exclude 
therefrom any amount which he determines is attributable solely and 
directly to increases which occur after the date of enactment of this 
section in prices of imported crude oil, residual fuel oil, or any refined 
petroleum product resulting from concerted action of two or more 
petroleum exporting countries. 
"(3) The adjustment as a production incentive referred to in para-
graph (1) (B) may be made only on a finding by the President that 
such an adjustment is likely to provide positive incentive for— 
"(A) the discovery or development of high cost and high risk 
properties (including new wildcat properties, and properties 
located on the Outer Continental Shelf, properties located north of 
the Arctic Circle, deep wells and deep horizons in onshore or off-
shore properties, and properties operated by independent 
producers) ; 
"(B) the application of enhanced recovery technioues to pro-
ducing properties to obtain a level of production higher than 
Amendment. 
15 use 753. 
"Adjusted GNP 
deflator." 
89 STAT. 944 
PUBLIC LAW 94-163—DEC. 22, 1975 
Amendment, 
submittal to 
Congress. 
Post, p. 965. 
15 u s e 753. 
Report to 
Congress. 
would otherwise occur from those properties but for such adjust-
ment; or 
"(C) sustaining production from marginal wells, including 
production from stripper wells, 
(e) (1) Not earlier than 90 days after the effective date of the 
amendment promulgated under subsection (a) and not earlier than 
90 days after the date of any previous submission under this subsec-
tion, the President may submit to the Congress, in accordance with 
the procedures specified in section 551 of the Energy Policy and Con-
servation Act, an amendment to the regulation promulgated under 
section 4(a) which provides for (A) a production incentive adjust-
ment to the maximum weighted average first sale price in excess of 
the 3 per centum limitation specified in subsection (d)(1), (B) a com-
bined adjustment limitation m excess of the 10 per centum limitation 
specified in such subsection, or (C) both. 
" (2) Any such amendment shall be accompanied by a finding that 
an additional adjustment as a production incentive, or a combined 
adjustment limitation greater than permitted by subsection (d)(1), 
or both, is necessary to provide a more adequate incentive with respect 
to the matters referred to in subparagraphs (A), (B), or (C) of sub-
section (d)(3). 
"(3) An;7 such amendment shall not take effect if either House of 
Congress disapproves such amendment in accordance with the pro-
cedures specified in section 551 of the Energy Policy and Conserva-
tion Act. 
"(f)(1) On February 15, 1977, the President shall submit to the 
Congress a report containing an analysis of the impact of any amend-
ment adopted pursuant to this section on the economy and on the sup-
ply of crude oil, residual fuel oil, and refined petroleum products. 
" (2) The President may submit with such report to the Congress, in 
accordance with the procedures specified in section 551 of the Energy 
Policy and Conservation Act, an amendment to the regulation promul-
gated under section 4(a) which— 
" (A) provides for the continuation or modification of the adjust-
ment as a production incentive (referred to in subsection (d) as 
may have been amended pursuant to subsection (e)); 
"(B) provides for a modification of the combined adjustment 
limitation (referred to in subsection (d), as may have been 
amended pursuant to subsection (e)); or 
"(C) provides for adjustments with respect to both subpara-
graphs (A) and (B). 
"(3) Such amendment shall not take effect if either House of Con-
gress disapproves such amendment in accordance with the procedures 
specified in section 551 of the Energy Policy and Conservation Act. 
"(4) If any such amendment is disapproved by either House of 
Congress, the President may, not later than 30 days after the date of 
such disapproval, submit one additional amendment in accordance with 
paragraph (2), which amendment shall not take effect if either House 
of Congress disapproves such amendment in accordance with the pro-
cedures specified in section 551 of the Energy Policy and Conservation 
Act. 
"(5) If no amendment to continue or modify the adjustment as a 
production incentive takes effect, no such adjustment to the maxi-
mum weighted average first sale price thereafter may be taken into 
account in computing such price for any month which begins after 
(A) the date on which a submission could have been made under para-
f
raph (2) but was not, or (B) the last date on which a submission was 
isapproved and no further submission pursuant to paragraph (4) 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 945 
could be made, except that the President may, pursuant to the proce-
dures under subsection (e), submit an amendment to the regulation 
to provide for a prospective reinstatement of such adjustment or of a 
modification of such adjustment. 
"(g) (1) On April 15, 1977, the President shall submit to the Con- Report to 
gress a report as to whether the regulation promulgated under section Congress. 
4(a) and in effect on such date will provide positive price incentives 
for the development of the domestic crude oil production referred to in 
paragraph (2) (A) without lessening needed incentives for sustaining 
or enhancing crude oil production in the remainder of the United 
States. 
"(2) If the President determines that a price required to provide Amendment, 
positive price incentives for the development of the domestic crude submittal to 
oil production referred to in paragraph (2) (A) would, because of the Congress, 
maximum weighted average first sale price specified in subsection (a) 
of this section, as adjusted, have the effect of reducing or limiting 
ceiling prices permitted for crude oil produced in the remainder of 
the United States to levels which would result in less production of 
such crude oil than would otherwise occur, the President may, 
together with such report, or at any time thereafter not earlier than 90 
days after any previous submission under this subsection, except as 
provided in paragraph (4), submit to the Congress in accordance with 
the procedures specified in section 551 of the Energy Policy and Con-
servation Act an amendment to the regulation promulgated under Post, p. 965. 
section 4(a) which— 
" (A) excludes up to 2 million barrels a day of crude oil produc-
tion transported through the trans-Alaska pipeline from the com-
putation of the maximum weighted average first sale price 
specified in subsection (a); and 
"(B) establishes ceiling prices (or a manner of determining 
prices) for the first sale of crude oil production referred to in 
subparagraph (A) such that the actual weighted average first 
sale price for such production will not exceed the highest actual 
weighted average first sale price permitted under the regulation 
for significant volumes of any other classification of domestic 
crude oil. 
"(3) Any such amendment shall be accompanied by such findings 
and supporting rationale as the President determines justify such 
ceiling prices (or manner for determining such prices). Any amend-
ment submitted to the Congress pursuant to this subsection 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 Act. 
"(4) If any such amendment is disapproved by either House of 
Congress, the President may not later than 30 days after the date of 
such disapproval submit one additional amendment in accordance 
with paragraphs (2) and (3). which amendment shall not take effect 
if either House of Congress disapproves such amendment in accord-
ance with the procedures specified in section 551 of the Energy Policy 
and Conservation Act. 
"(5) If any amendment submitted by the President to the Congress 
pursuant to this subsection becomes effective, such amendment may 
thereafter be further amended by the President, subject to the pro-
cedures and requirements of paragraphs (2) and (3) of this sub-
section, except that no such further amendment shall be submitted 
earlier than January 1, 1978, and thereafter no earlier than 90 days 
after the date of any previous submission made under this paragraph. 
89 STAT. 946 
PUBLIC LAW 94-163—DEC. 22, 1975 
"(h) In any judicial review of an amendment required by this 
section to be submitted to the Congress in accordance with the pro-
cedures specified in section 551 of the Energy Policy and Conserva-
Post, p. 965. 
tion Act, the reviewing court may not hold unlawful or set aside any 
such amendment on the ground that any findings made by the Presi-
dent were not adequate to meet the requirements of this section or of 
subparagraph (A), (E), or (F) of section 706(2) of title 5, United 
States Code. 
"PASSTHROUGHS OF PRICE DECREASES 
15 use 758. 
"SEC. 9. Not later than the first day of the second full calendar 
month following the date of enactment of this section, the regulation 
under section 4(a) shall provide for a dollar-for-dollar passthrough 
in prices at all levels of distribution from the producer through the 
retail level of decreases in the costs of crude oil, residual fuel oil, 
and refined petroleum products (including decreases in costs which 
result from a reduction in the price of crude oil produced in the 
United States because of the amendment to such regulation required 
Ante, p. 942. 
under section 8(a)).". 
Repeal. 
(b)(1) Subsections (d), (e) and (g) of section 4 of the Emergency 
15 use 753. 
Petroleum Allocation Act of 1973 are repealed, and subsection (f) 
of such section 4 is redesignated as subsection "(d)" of such section 4. 
(2) Section 4(a) of such Act is amended by (A) striking out "Sub-
ject to subsection (f)" and inserting in lieu thereof "Subject to 
subsection (d)"; and (B) striking out "Except as provided m sub-
section (e) such" and inserting in lieu thereof "Such". 
(3) Section 4(c) of such Act is amended in paragraphs (1), (4), 
and (5) thereof by striking out "subsections (b) and (d)" wherever 
it appears and by inserting in lieu thereof in each case "subsection 
(b)". 
Repeal. 
(4) Section 406 of Public Law 93-153 is repealed. 
12 use 1904 
(5) The amendments made by paragraphs (1), (2), (3), and (4) 
°^te. 
of this subsection, to the Emergency Petroleum Allocation Act of 
15 lJSr^75^*^ 
1973, shall take effect on the effective date of the amendment to the 
°^*' regulation under section 4(a), required by section 8(a) of such Act. 
LIMITATIONS ON PRICING POLICY 
SEC. 402. (a) Paragraph (2) of section 4(b) of the Emergency 
15 use 753. 
Petroleum Allocation Act of 1973 is amended to read as follows: 
"(2) In specifying prices (or prescribing the manner for determin-
ing them), the regulation under subsection (a)— 
"(A) shall provide for a dollar-for-dollar passthrough of net 
increases in the cost of crude oil, residual fuel oil, and refined 
petroleum products at all levels of distribution from the producer 
through the retail level; 
"(B) (i) shall not permit any net crude oil cost increases— 
"(I) which are incurred by a refiner during the calendar 
month immediately preceding the effective date of this para-
graph, or in any month thereafter, and 
"(II) which are not passed through in prices charged pur-
suant to such regulation in the 2 calendar months following 
the calendar month in which such crude oil cost increases 
were incurred, 
to be passed through by such refiner in any month subsequent to 
the 2 calendar months following the calendar month in which such 
crude oil cost increases were incurred, unless the President makes 
the findings specified in clause (ii) (II) (aa), and such passthrough 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 947 
is consistent with the requirements specified in clause (ii) (II) 
(bb). 
" (ii) shall not permit the passthrough in any month of— 
"(I) any net crude oil cost increases incurred by a refiner 
not later than the last day of the calendar month which begins 
two months prior to the effective date of this paragraph and 
not passed through by the end of the last calendar month 
prior to the effective date of this paragraph unless such 
passthrough is not in excess of 10 percent of the total amount 
of such increased crude oil costs not passed through as of the 
last day of the last calendar month prior to the effective date 
of the amendment promulgated under section 8(a); and 
Ante, p. 942. 
"(II) any net crude oil cost increases incurred by a re-
finer after the effective date of this paragraph, which net 
crude oil cost increases were not passed through within the 2 
calendar months following the calendar month in which 
such crude oil cost increases were incurred, unless— 
"(aa) the President finds, and reports to the Congress 
with respect to such finding, that a passthrough of 
such crude oil cost increases is necessary to alleviate the 
impact on refiners, marketers, or consumers of significant 
increases in costs, to provide for equitable cost recovery 
consistent with the attainment, to the maximum extent 
practicable, of the objectives specified in paragraph (1), 
or to avoid competitive disadvantage; and 
"(bb) such passthrough in any month of such crude 
oil cost increases is not in excess of 10 percent of the 
total amount of such crude oil cost increases as of the 
end of the calendar month in which the effective date of 
this paragraph occurs or any month thereafter; 
"(C) shall provide for the use of the same date in the com-
putation of markup, margin, and posted price for all marketers 
or distributors of crude oil, residual fuel, and refined petroleum 
products at all levels of marketing and distribution; and 
"(D) shall not permit more than a direct proportionate distribu-
tion (by volume) to Number 2 oils (Number 2 heating oil and 
Number 2-D diesel fuel), aviation fuel of a kerosene or naphtha 
type, and propane produced from crude oil, of any increased costs 
of crude oil incurred by a refiner; except that the President may, 
by amendment to the regulation under subsection (a) or by order, 
permit deviation from such proportionate distribution of costs, if 
the President finds that refinery operations justify such deviation 
and further finds that to permit such deviation is consistent with 
the attainment of the objectives in paragraph (1) and would not 
result in inequitable prices for any class of users of such product. 
As used in this paragraph, the term 'effective date of this paragraph' 
means the effective date specified in section 402(b) of the Energy 
Policy and Conservation Act.". 
Jn/ra. 
(b) The amendment made by this section, to the Emergency Petro- Effective date, 
leum Allocation Act of 1973, shall take effect on the effective date of 
15 U
S
C 753 note, 
the amendment to the regulation under section 4(a), required by 
section 8(a) of such Act. 
(c) The Emergency Petroleum Allocation Act of 1973, as amended 15 U
S
C 751 aote. 
by this Act, is further amended by adding at the end thereof the 
following new section: 
89 STAT. 948 
PUBLIC LAW 94-163—DEC. 22, 1975 
"LIMITATIONS ON PRICING AUTHORITY 
15 use 759. 
"SEC. 10. The President shall have no authority, under this Act, or 
under the Energy Policy and Conservation Act, to prescribe minimum 
prices for crude oil (or any classification thereof), residual fuel oil, 
or any refined petroleum product.". 
ENTITLEMENTS 
SEC. 403. (a) Section 4 of the Emergency Petroleum Allocation 
15 use 753. 
Act of 1973, as amended by this Act, is further amended by adding at 
the end thereof the following: 
"(e) Any provision of the regulation under subsection (a) of this 
section— 
"(1) which requires the purchase of entitlements, or the pay-
ment of money through any other similar cash transfer arrange-
ment, the purpose of which is to reduce disparities in the crude oil 
acquisition costs of domestic refiners, and 
"(2) which is based upon the number of barrels of crude oil 
input, or receipts, or both, of any refiner, 
shall not apply to the first 50,000 barrels per day of input, or receipts, 
or both, of any refiner whose total refining capacity (including the 
refining capacity of any person who controls, is controlled by, or is 
under common control with such refiner) did not exceed on January 1, 
1976, and does not thereafter exceed 100,000 barrels per day. The pre-
ceding sentence shall not affect any provisions of the regulation under 
subsection (a) of this section with respect to the receipt by any small 
15 use 752. 
refiner as defined in section 3(4) of payments for entitlements or any 
other similar cash transfer arrangement.". 
Effective date. 
(b) Subsection (a) of this section shall apply with respect to pay-
15 use 753 note, ments due on or after the last day of the month during which the 
date of enactment of this Act occurs. 
PART B—OTHER AMENDMENTS TO THE ALLOCATION ACT 
AMENDMENTS TO THE OBJECTIVES OF THE ALLOCATION ACT 
SEC. 451. (a) Section 4(b)(1)(A) of the Emergency Petroleum 
Allocation Act of 1973 is amended to read as follows : 
"(A) protection of public health (including the production of 
pharmaceuticals), safety and welfare (including maintenance of 
residential heating, such as individual homes, apartments and 
similar occupied dwelling units), and the national defense;". 
(b) Section 4(b) (1)(G) of the Emergency Petroleum Allocation 
Act of 1973 is amended to read as follows: 
" (G) allocation of residual fuel oil and refined petroleum prod-
ucts in such amounts and in such manner as may be necessary for 
the maintenance of, exploration for, and production or extraction 
of— 
"(i) fuels, and 
"(ii) minerals essential to the requirements of the United 
States, 
and for required transportation related thereto;". 
PENALTIES U N D E R T H E ALLOCATION 
ACT 
SEC. 452. Section 5 of the Emergency Petroleum Allocation Act of 
15 use 754. 
1973 is amended: 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 949 
(1) by striking out "sections 205 through 211" in subsection 
(a) (1) of such section and inserting in lieu thereof "sections 205 
through 207 and sections 209 through 211"; and 
(2) by adding at the end of subsection (a) of such section the Penalties, 
following: 
"(3) (A) Whoever violates any provision of the regulation under 
section 4(a) of this Act, or any order under this Act shall be subject to 
a civil penalty— 
" (i) with respect to activities relating to the production, distri-
bution, or refining of crude oil, of not more than $20,000 for each 
violation; 
"(ii) with respect to activities relating to the distribution of 
residual fuel oil or any refined petroleum product (other than 
activities entirely at the retail level), of not more than $10,000 for 
each violation; and 
"(iii) with respect to activities— 
(I) entirely relating to the distribution of residual fuel oil 
or any refined petroleum product at the retail level, or 
(II) activities not referred to in clause (i) or (ii) of sub-
clause (I) of this clause, of not more than $2,500 for each 
violation. 
"(B) Whoever willfully violates any provision of such regulation, 
or any such order shall be imprisoned not more than 1 year, or— 
" (i) with respect to activities relating to the production or refin-
ing of crude oil, shall be fined not more than $40,000 for each 
violation; 
"(ii) with respect to activities relating to the distribution of 
residual fuel oil or any refined petroleum product (other than at 
the retail level), shall be fined not more than $20,000 for each 
violation ; 
"(iii) with respect to activities relating to the distribution of 
residual fuel oil or any refined petroleum product at the retail 
level or any other person shall be fined not more than $10,000 for 
each violation; 
or both. 
"(4) Any individual director, officer, or agent of a corporation 
who knowingly and willfully authorizes, orders, or performs any of 
the acts or practices constituting in whole or in part a violation of 
paragraph (3), shall be subject to penalties under this subsection 
without regard to any penalties to which that corporation may be 
subject under paragraph (3) except that no such individual director, 
officer, or agent shall be subject to imprisonment under paragraph 
(3), unless he also has knowledge, or reasonably should have known, 
of notice of noncompliance received by the corporation from the 
President.". 
ANTITRUST PROVISION I N ALLOCATION ACT 
SEC. 453. Section 6(c) of the Emergency Petroleum Allocation Act Defense, 
of 1973 is amended to read as follows: 
15 U
S
C 755. 
"(c) There shall be available as a defense to any action brought for 
breach of contract in any Federal or State court arising out of delay 
or failure to provide, sell, or offer for sale or exchange crude oil, resid-
ual fuel oil, or any refined petroleum product, that such delay or 
failure was caused solely by compliance with the provisions of this 
Act or with the regulation or any order under this Act.". 
57-194 O - 77 - 64 
89 STAT. 950 
PUBLIC LAW 94-163—DEC. 22, 1975 
15 use 751 note. 
EVALUATION OF REGtHLATION UNDER THE ALLOCATION ACT 
SEC. 454. 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: 
Notice. 
15 use 760. 
15 use 753. 
Transcript. 
Report to 
Congress. 
Infra. 
REEVALUATION OF SECTION 4 ( a ) REGULATION 
"SEC. 11. (a) Not later than 60 days after the date of enactment of 
this section, the President shall give appropriate notice and afford 
interested persons an opportunity to present written and oral data, 
views, and arguments respecting the appropriateness of, or the con-
tinuing need for, the application of any provision of the regulation 
promulgated under section 4(a) as such provision relates to the attain-
ment of the objectives specified in section 4(b)(1) of section'4. A 
transcript shall be kept of any such oral presentations of data, views, 
and argument. 
"(b) The President shall, after consideration of such written and 
oral presentations and such other information as may be available to 
him— 
"(1) analyze such presentations and report thereon to the Con-
gress within 120 days after the date of enactment of this section; 
and 
" (2) shall promulgate, pursuant to the limitations and authority 
under section 12, such amendment, or amendments, to the regula-
tion promulgated under section 4(a) as he determines are neces-
sary or appropriate— 
" (A) to modify any provisions of such regulation in a man-
ner which is consistent with the attainment, to the maximum 
extent practicable, of objectives specified in section 4(b) (1); 
or 
"(B) to eliminate any provisions of such regulation no 
longer necessary to provide for the attainment of such 
objectives.". 
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 
15 use 760a. 
"SEC. 12. (a) The President may not amend the regulation under 
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 
Ante, p. 942. 
regulation by section 8; or 
"(2) results in making such regulation, as so amended, incon-
sistent 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. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 951 
"(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 
(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 para-
graph (1) to the Congress in accordance with the procedures specified 
in section 551 of the Energy Policy and Conservation Act. Any such 
amendment shall be accompanied by a specific statement of the Presi-
dent'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' 
means— 
"(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 petroleum 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 proce-
dures specified in section 551 of the Energy Policy and Conservation 
Act. 
"(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(b) (1) 
and in the case of— 
"(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 cate-
gory 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 pro-
tect 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 prac-
ticable, 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 
15 use 753. 
Amendment, 
submittal to 
Congress. 
Post, p. 965. 
"Refined product 
category." 
Statement. 
89 STAT. 952 
PUBLIC LAW 94-163—DEC. 22, 1975 
Review. 
Post, p. 965. 
15 use 753. 
Ante, p. 948. 
of energy resources for use as fuel or as feedstock for indus-
try; 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 
specified in section 551 of the Energy Policy and Conservation Act, 
the reviewing court may not hold unlawful or set a<^ide any such 
amendment on the ground that any findings made by tlie 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 amounts, or the 
specification of price or the manner for determinhig 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 con-
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 subsection (c) of 
this section. 
''(g) Notwithstanding the provisions of subsection (e) of section 4, 
the President may, if he determines 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 Presi-
dent'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 pro-
cedures specified in such section 551.". 
TECHNICAL PURCHASE AUTHORITY 
SEC. 456. The Emergency Petroleum Allocation Act of 1973, as 
15 use 751 note, amended by this Act, is further amended by adding at the end thereof 
the following new section: 
(.(. 
TECHNICAL, PURCHASE 
AUTHORITY 
15 use 760b. 
"SEC. 13. (a) The President may, by amendment to the regulation 
under section 4(a) of this Act, provide for and implement a procedure 
pursuant to which the United States may exercise the exclusive right 
to import and purchase all or any part of the crude oil, residual fuel 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 953 
oil, and refined petroleum products of foreign origin for resale in the 
United States. 
"(b) The authorities granted under this section shall not be used 
for the purpose, or with the effect, of providing a subsidy or prefer-
ence to any importer, purchaser, or user. 
"(c) In exercising any authorities granted under this section, the 
President shall endeavor to buy and sell without profit or loss, except 
that the President may, in individual cases, sell, on a competitive bid 
basis, crude oil, residual fuel oil, or any refined petroleum product 
at a price above or below the cost of such oil or product if, in the 
judgment of the President, such sales may result in progress toward 
a lower price for oil sold in international commerce. 
"(d) Any amendment to the regulation proposed to be implemented 
under this section shall be submitted to Congress for review under 
section 551 of the Energy Policy and Conservation Act, together with 
a detailed explanation of the procedure to be employed and the need 
therefor and shall be supported by findings by the President that the 
exercise of such authority is likely to reduce prices for imported oils 
and products. Such amendment shall not take effect if disapproved 
by either House of the Congress in accordance with the procedures 
specified in section 551 of such Act and any authority to purchase 
shall be subject to appropriations Acts. 
"(e) The President shall submit, within 90 days after the date of 
enactment of this section, a report which evaluates the feasibility of 
reducing the price of crude oil, residual fuel oil, or refined petroleum 
products of foreign origin for resale in the United States by providing 
incentives for domestic producers who also import such oils or products 
into the United States, to work for the reduction of the price of such 
oils or products. The report shall specifically discuss whether increas-
ing aggregate old crude oil prices by an amount related to any decrease 
in aggregate prices for such imported oils and products would serve as 
an incentive for domestic producers to reduce the price of such 
imported oils and products.". 
Amendment, 
submittal to 
Congress. 
Post, p. 965. 
Price reduction, 
feasibility report. 
DIRECT CONTROLS OX REFINERY OPERATIONS 
SEC. 457. The Emergency Petroleum Allocation Act of 1973, as 15 USC 751 note, 
amended by this Act, is further amended by adding at the end thereof 
the following new section: 
u 
DIRECT CONTROLS ON REFINERY OPERATIONS 
"SEC. 14. The President may, by amendment to the regulation under 15 U
S
C 760c. 
section 4(a) of this Act or by order, as may be consistent with the 15 U
S
C 753. 
attainment, to the maximum extent practicable, of the objectives spec-
ified in section 4(b) (1) of this Act, require adjustments in the oper- Ante, p. 948. 
ations of any refinery in the United States with respect to the 
proportions of residual fuel oil or any refined petroleum product 
produced through such operations if he determines such adjustments 
are necessary to assure the production of residual fuel oil or any refined 
petroleum product in such proportions as are necessary or appropriate 
to provide for the attainment, to the maximum extent practicable, the 
objectives specified in section 4(b)(1).". 
INVENTORY CONTROLS 
SEC. 458. 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: 
89 STAT. 954 
PUBLIC LAW 94-163—DEC. 22, 1975 
a 
INVENTORY CONTROLS 
15 use 760d. 
"SEC. 15. (a) In addition to other authority provided for in this Act 
to alleviate shortages of crude oil, residual fuel oil, and refined 
petroleum products, the President may, if he finds an existing or 
impending regional or national supply shortage of any fuel, by amend-
15 use 753. 
ment to the regulation under section 4(a) of this Act or by order, 
consistent with the attainment, to the maximum extent practicable, of 
the objectives specified in section 4(b) (1), require adjustments in the 
amounts of crude oil, residual fuel oil or any refined petroleum prod-
uct which are held in inventory by persons who are engaged in the 
business of importing, producing, refining, marketing, or distributing 
such oils or products. 
"(b) The authority specified in subsection (a) may be exercised to 
require either— 
"(1) a distribution from such inventories to specified persons or 
classes of persons at specified rates of distribution or to specified 
levels of inventory accumulation; or 
"(2) the accumulation of inventories at specified rates of 
accumulation or to specified levels, 
as the President determines may be necessary or appropriate to pro-
vide for the attainment, to the maximum extent practicable, of the 
objectives of section 4(b) (1) or as the President determines may be 
necessary or appropriate to carry out the obligations of the United 
States under the international energy program, as defined in section 3 
Ante, p. 874. 
of the Energy Policy and Conservation Act. 
"(c) The authority specified in subsection (a) may require the 
maintenance of inventories at levels greater or lesser than such person's 
normal business or operating requirements; except that such amounts 
shall not exceed the amount of oil or product, as the case may be, such 
person would use or distribute during any 90-day period of peak usage 
and in no case may the requirement to accumulate inventories be 
applied to any person in a manner which would necessitate such per-
son making physical additions to storage facilities in order to comply 
with any such rule or order.". 
HOARDING PROHIBITIONS 
SEC. 459. The Emergency Petroleum Allocation Act of 1973, as 
15 use 751 note, 
amended by this Act, is further amended by adding at the end thereof 
the following new section: 
(( 
HOARDING 
PROHIBITIONS 
15 use 760e. 
"SEO. 16, Except as may be otherwise provided with respect to 
persons engaged in the business of producing, refining, distributing, or 
marketing crude oil, residual fuel oil, or any refined petroleum product 
Supra. 
pursuant to section 15 or pursuant to requirements under section 156 of 
Ante, p. 885. 
the Energy Policy and Conservation Act (relating to the Industrial 
Strategic Petroleum Reserve), the regulation under section 4(a) shall 
prohibit any person, during a severe energy supply interruption (as 
defined in section 3 of the Energy Policy and Conservation Act) from 
willfully accumulating crude oil, residual fuel oil, or any refined 
petroleum product in inventories, or otherwise, in amounts which are 
in excess of such person's reasonable needs (as such term shall be 
defined in such regulation).". 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 955 
ASPHALT ALLOCATION 
AUTHORITY 
SEC. 460. The Emergency Petroleum Allocation Act of 1973, as 15 USC 751 note, 
amended by this Act, is further amended by adding at the end thereof 
the following new section: 
a 
ASPHALT ALLOCATION AUTHORITY 
"SEC. 17. (a) The President may amend the regulation under sec- 15 U
S
C 7()0f. 
tion 4 (a) of this Act to require, in a manner which he finds is consistent 15 U
S
C 753. 
with the attainment, to the maximum extent practicable, of the objec-
tives specified in section 4(b) (1) of this Act, the allocation of asphalt ^"^^' P- ^^^ 
in amounts specified in (or determined in the maimer prescribed by), 
or at prices specified in (or determined in a manner prescribed by) 
such amendment to the regulation, or both. 
"(b) If the President exercises the authority under this section, he 
may thereafter amend the regulation under section 4(a) to exempt 
asphalt from such regulation without regard to the provisions of sec-
tion 12 of this Act.". 
^"««' P- 950. 
EXPIRATION OF AUTHORITIES 
SEC. 461. The Emergency Petroleum Allocation Act of 1973 is 
amended by adding to the end of such Act, as amended by this Act, 
the following new section: 
a 
EXPIRATION OF AUTHORITIES 
"SEC. 18. Notwithstanding any other provision of this Act, at mid- 15 USC 760g. 
night on the conclusion of the 40th month in which the amendment 
under section 8(a) is in effect, the President's authority to promulgate, ^"^«' P- 942. 
make effective, and amend a regulation pursuant to section 4(a) of 
this Act shall become discretionary rather than mandatory, and the 
limitations on the President's authority contained in sections 4(b) (2), 
8, and 9 of this Act shall terminate. The.authority to promulgate and 
^"^^' PP- '^^' 
amend any regulation or to issue any order under this Act shall expire 
^^2' ^'^• 
at midnight September 30, 1981, but such expiration shall not affect 
any action or pending proceedings, administrative, civil, or criminal, 
not finally determined on such date, nor any administrative, civil, or 
criminal action or proceeding, whether or not pending, based upon 
any act committed or liability incurred prior to such expiration date.". 
REIMBURSEMENT TO STATES 
SEC. 462. 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: 
"REIMBURSEMENT TO STATES 
"SEC. 19. (a) The President is authorized to reimburse any State for 15 USC 760h. 
expenses incurred by such State in carrying out any responsibilities 
delegated to such State by the President under the provisions of this 
"(b) Such reimbursements may be paid from any funds appro-
priated for the purpose of carrying out responsibilities under this Act, 
unless any appropriation Act specifically provides to the contrary. 
" (c) Not later than June 1,1976, the President shall submit a report 
Report to 
to the Congress analyzing and detailing the amount and nature of any Congress. 
89 STAT. 956 
PUBLIC LAW 94-163—DEC. 22, 1975 
15 u s e 753 note. 
15 u s e 751 note. 
reimbursements made to any State for expenses described in subsection 
(a) incurred prior to such date and specifically recommending^ whether 
authorizations of additional funds for direct grants to States are neces-
sary or appropriate for the continued operation of the reimbursement 
provisions authorized by this section.". 
EFFECTIVE DATE OF ALLOCATION ACT AMENDMENTS 
SEC. 463. Except as otherwise provided, the amendments made by 
this Act to the Emergency Petroleum Allocation Act of 1973 shall 
take effect as of midnight, December 15, 1975. 
TITLE V—GENERAL PROVISIONS 
PART A—ENERGY DATA BASE AND ENERGY INFORMATION 
VERIFICATION 
EXAMINATION 
42 use 6381. 
SEC. 501. (a) The Comptroller General may conduct verification 
examinations with respect to the books, records, papers, or other docu-
ments of— 
(1) any person who is required to submit energy information 
to the Federal Energy Administration, the Department of the 
Interior, or the Federal Power Commission pursuant to any 
rule, regulation, order, or other legal process of such Adminis-
tration, Department or Commission; 
(2) any person who is engaged in the production, processing, 
refining, transportation by pipeline, or distribution (at other 
than the retail level) of energy resources— 
(A) if such person has furnished, directly or indirectly, 
energy information (without regard to whether such infor-
mation was furnished pursuant to legal requirements) to any 
Federal agency (other than the Internal Revenue Service), 
and 
(B) if the Comptroller General of the United States 
determines that such information has been or is being used or 
taken into consideration, in whole or in part, by a Federal 
agency in carrying out responsibilities committed to such 
agency; or 
(3) any vertically integrated petroleum company with respect 
to financial information of such company related to energy 
resource exploration, development, and production and the trans-
portation, refining and marketing of energy resources and energy 
products. 
Congressional 
(b) The Comptroller General shall conduct verification examina-
request. 
tions of any person or company described in subsection (a), if 
requested to do so by any duly established committee of the Congress 
having legislative or oversight responsibilities under the rules of the 
House of Representatives or of the Senate, with respect to energy 
matters or any of the laws administered by the Department of tne 
Interior (or the Secretary thereof), the Federal Power Commission, 
or the Federal Energy Administration (or the Administrator). 
Definitions. 
(c) For the purposes of this title— 
(1) The term "verification examination" means an examination 
of such books, records, papers, or other documents of a person 
or company as the Comptroller General determines necessary and 
appropriate to assess the accuracy, reliability, and adequacy of 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT, 957 
the energy information, or financial information, referred to in 
subsection (a). 
(2) The term "energy information" has the same meaning as 
such term has in section 11(e)(1) of the Energy Supply and 
Environmental Coordination Act of 1974. 
(3) The term "person" has the same meaning as such term 
has in section 11(e) (2) of the Energy Supply and Environmen-
tal Coordination Act of 1974. 
(4) The term "vertically integrated petroleum company" means 
any person which itself, or through a person which is controlled 
by, controls, or is under common control with such person, is 
engaged in the production, refining, and marketing of petroleum 
products. 
15 use 7%. 
POWERS OF THE COMPTROLLER GENERAL AND REPORTS 
SEC. 502. (a) For the purpose of carrying out his authority under 
section 501— 
(1) the Comptroller General may— 
(A) sign and issue subpenas for the attendance and testi-
mony of witnesses and the production of books, records, 
papers, and other documents; 
(B) require any person, by general or special order, to 
submit answers in writing to interrogatories, to submit 
books, records, papers, or other documents, or to submit any 
other information or reports, and such answers or other 
submissions shall be made within such reasonable period, and 
under oath or otherwise, as the Comptroller (Jenoral may 
determine; and 
(C) administer oaths. 
(2) the Comptroller General, or any officer or employee duly 
designated by the Comptroller General, upon presenting appro-
priate credentials and a written notice from the Comptroller 
General to the owner, operator, or agent in charge, may— 
(A) enter, at reasonable times, any business premise or 
facility; and 
(B) inspect, at reasonable times and in a reasonable man-
ner, any such premise or facility, inventory and sample any 
stock of energy resources therein, and examine and copy 
books, records, papers, or other documents, relating to any 
energy information, or any financial information in the case 
of a vertically integrated petroleum company. 
(b) The Comptroller General shall have access to any energy 
information within the possession of any Federal agency (other than 
the Internal Revenue Service) as is necessary to carry out his authority 
under this section. 
(c)(1) Except as provided in subsections (d) and (e), the Comp-
troller General shall transmit a copy of the results of any verification 
examination conducted under section 501 to the Federal agency to 
which energy information which was subject to such examination was 
furnished. 
(2) Any report made pursuant to paragraph (1) shall include the 
Comptroller General's findings with respect to the accuracy, reliability, 
and adequacy of the energy information which was the subject of 
such examination. 
(d) If the verification examination was conducted at the request of 
any committee of the Congress, the Comptroller General shall report 
his findings as to the accuracy, reliability, or adequacy of the energy 
42 use 6382. 
eopies. 
Report to 
congressional 
committee. 
89 STAT. 958 
PUBLIC LAW 94-163—DEC. 22, 1975 
Geological or 
geophysical 
information, 
disclosure. 
Penalties. 
Ante, p. 949. 
Annual report to 
Congress. 
42 u s e 6383. 
information which was the subject of such examination, or financial 
information in the case of a vertically integrated petroleum company, 
directly to such committee of the Congress and any such information 
obtained and such report shall be deemed the property of such com-
mittee and may not be disclosed except in accordance with the rules 
of the committee and the rules of the House of Representatives or the 
Senate and as permitted by law. 
(e)(1) Any information obtained by the Comptroller General or 
any officer or employee of the General Accounting Office pursuant to 
the exercise of responsibilities or authorities under this section which 
relates to geological or geophysical information, or any estimate or 
interpretation thereof, the disclosure of which would result in sig-
nificant competitive disadvantage or significant loss to the owner 
thereof shall not be disclosed except to a committee of Congress. Any 
such information so furnished to a committee of the Congress shall be 
deemed the property of such committee and may not be disclosed 
except in accordance with the rules of the committee and the rules of 
the House of Representatives or the Senate and as permitted by law. 
(2) Any person who knowingly discloses information in violation 
of paragraph (1) shall be subject to the penalties specified in section 
5(a) (3) (B) and (4) of the Emergency Petroleum Allocation Act of 
1973, as amended by section 452 of this Act. 
(f) The Comptroller General shall prepare and submit to the Con-
gress an annual report with respect to the exercise of its authorities 
under this part, which report shall specifically identify any defi-
ciencies in energy information or financial information reviewed by 
the Comptroller General and include a discussion of action taken by 
the person or company so examined, if any, to correct any such 
deficiencies. 
ACCOUNTING PRACTICES 
SEC. 503. (a) For purposes of developing a reliable energy data 
base related to the production of crude oil and natural gas, the Secu-
rities and Exchange Commission shall take such steps as may be 
necessary to assure the development and observance of accounting prac-
tices to be followed in the preparation of accounts by persons engaged, 
in whole or in part, in the production of crude oil or natural gas in the 
United States. Such practices shall be developed not later than 24 
months after the date of enactment of this Act and shall take effect 
with respect to the fiscal year of each such person which begins 
3 months after the date on which such practices are prescribed or made 
effective under authority of subsection (b)(2). 
(b) In carrying out its responsibilities under subsection (a), the 
Securities and Exchange Commission shall— 
(1) consult with the Federal Energy Administration, the Gen-
eral Accounting Office, and the Federal Power Commission with 
respect to accounting practices to be developed under subsection 
(a), and 
(2) have authority to prescribe rules applicable to persons 
engaged in the production of crude oil or natural gas, or make 
effective by recognition, or by other appropriate means indicating 
a determination to rely on, accounting practices developed by the 
Financial Accounting Standards Board, if the Securities and 
Exchange Commission is assured that such practice will be 
observed by persons engaged in the production of crude oil or 
natural gas to the same extent as would result if the Securities and 
Exchange Commission had prescribed such practices by rule. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 959 
The Securities and Exchange Commission shall afford interested per-
sons an opportunity to submit written comment with respect to whether 
it should exercise its discretion to recognize or otherwise rely on such 
accounting practice in lieu of prescribing such practices by rule and 
may extend the 24-month period referred to in subsection (a) as it 
determines may be necessary to allow for a meaningful comment period 
with repect to such determination. 
(c) The Securities and Exchange Commission shall assure that 
accounting practices developed pursuant to this section, to the great-
est extent practicable, permit the compilation, treating domestic and 
foreign operations as separate categories, of an energy data base con-
sisting of: 
(1) The separate calculation of capital, revenue, and operating 
cost information pertaining to— 
(A) prospecting, 
(B) acquisition, 
(C) exploration, 
CD) development, and 
(E) production, 
including geological and geophysical costs, carrying costs, unsuc-
cessful exploratory drilling costs, intangible drilling and develop-
ment costs on productive wells, the cost of 
unsuccessful 
development wells, and the cost of acquiring oil and gas reserves 
by means other than development. Any such calculation shall take 
into account disposition of capitalized costs, contractual arrange-
ments involving special conveyance of rights and joint operations, 
differences between book and tax income, and prices used in the 
transfer of products or other assets from one person to any other 
person, including a person controlled by controlling or under 
common control with such person. 
(2) The full presentation of the financial information of persons 
engaged in the production of crude oil or natural gas, including— 
(A) disclosure of reserves and operating activities, both 
domestic and foreign, to facilitate evaluation of financial 
effort and result; and 
(B) classification of financial information by function to 
facilitate correlation with reserve and operating statistics, 
both domestic and foreign. 
(3) Such other information, projections, and relationships of 
collected data as shall be necessary to facilitate the compilation of 
such data base. 
ENFORCEMENT 
Accounting 
practices. 
Penalties. 
42 use 6384. 
SEC. 504. (a) Any person who violates any general or special order 
of the Comptroller General issued under section 502(a) (1) (B) of this 
Act may be assessed a civil penalty not to exceed $10,000 for each viola-
tion. Each day of failure to comply with such an order shall be deemed 
a separate violation. Such penalty shall be assessed by the Comptroller 
General and collected in a civil action brought by the Comptroller 
General through any attorney employed by the General Accounting 
Office or any other attorney designated by the Comptroller General, or, 
upon request of the Comptroller General, the Attorney General. A 
person shall not be liable with respect to any period during which the 
effectiveness of the order with respect to such person was stayed. 
(b) Any action to enjoin or set aside an order issued under section Civil actions. 
502(a) (1) (B) mav be brought only before the United States Court of 
Appeals for the District of Columbia. Any action to collect a civil 
89 STAT. 960 
PUBLIC LAW 94-163—DEC. 22, 1975 
penalty for violation of any general or special order may be brought 
only in the United States District Court for the District of Columbia. 
In any action brought under subsection (a) to collect a civil penalty, 
process may be served in any judicial district of the United States. 
Subpena 
(c) Upon petition by the Comptroller General through any attor-
compliance. 
ney employed by the General Accounting Office or designated by 
the Comptroller General, or, upon request of the Comptroller Gen-
eral, the Attorney General, any United States district court within 
the jurisdiction of which any inquiry under this part is carried on 
may, in the case of refusal to obey a subpena of the Comptroller 
General issued under this part, issue an order requiring compliance 
therewith; and any failure to obey the order of the court may be 
treated by the court as a contempt thereof. 
AMENDMENT TO ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION 
ACT OF 1974 
SEC. 505. (a) Section 11(c) of The Energy Supply and Environ-
15 use 796. 
mental Coordination Act of 1974 is amended by adding at the end 
thereof the following: 
"(3) In order to carry out his responsibilities under subsection 
(a) of this section, the Federal Energy Administrator shall 
require, pursuant to subsection (b) (1) (A) of this section, that 
persons engaged, in whole or in part, in the production of crude 
oil or natural gas— 
"(A) keep energy information in accordance with the 
accounting practices developed pursuant to section 503 of the 
Energy Policy and Conservation Act, and 
"(B) submit reports with respect to energy information 
kept in accordance with such practices. 
The Administrator shall file quarterly reports with the President 
and the Congress compiled from accounts kept in accordance with 
such section 503 and submitted to the Administrator in accord-
ance with this paragraph. Such reports shall present energy infor-
mation in the categories specified in subsection (c) of such section 
503 to the extent that such information may be compiled from 
such accounts. Such energy information shall be collected and 
such quarterly reports made for each calendar quarter which 
begins 6 months after the date on which the accounting practices 
developed pursuant to such section 503 are made effective.". 
Effective date. 
(b) The amendment made by subsection (a) to section 11(c) of the 
15 use 796 note. Energy Supply and Environmental Coordination Act of 1974 shall 
take effect on the first day of the first accounting quarter to which such 
practices apply. 
EXTENSION 
OF ENERGY INFORMATION 
GATHERING 
AUTHORITY 
SEC. 506. Section 11(g)(2) of the Energy Supply and Environ-
mental Coordination Act of 1974 is amended by striking out "June 30, 
1975" wherever it appears and inserting in lieu thereof "December 31, 
1979". 
PART B—GENERAL PROVISIONS 
PROHIBITION O N CERTAIN ACTIONS 
42 use 6391. 
SEC. 521. (a) 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 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 961 
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 dele-
gated, 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) 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 nor-
mal function is to supply goods or services of an essential convenience 
nature during times of day other than conventional daytime working 
hours. 
(c) This section applies to actions under any of the following 
authorities: 
(1) titles I and II of this Act (other than any provision of Ante, pp. 875, 
such titles which amends another law). 
^^^• 
this title, 
the Emergency Petroleum Allocation Act of 1973. 
15 U
S
C 751 note. 
CONFLICTS OF INTEREST 
SEC. 522. (a) Each officer or employee of the Federal Energy 42 USC 6392. 
Administration or of the Department of the Interior who— 
(1) performs any function or duty under this Act; and 
(2) has any known financial interest— 
(A) in any person engaged in the business of exploring, 
developing, producing, refining, transporting by pipeline, or 
distributing (other than at the retail level) coal, natural gas, 
or petroleum products, or 
(B) in property from which coal, natural gas, or crude 
oil is commercially produced; 
shall, beginning on February 1, 1977, annually file with the Adminis-
trator or the Secretary of the Interior, as the case may be, a written 
statement disclosing all such interests held by such officer or employee 
during the preceding calendar year. Such statement shall be sub-
ject to examination, and available for copying, by the public upon 
request. 
(b) The Administrator and the Secretary of the Interior shall 
each— 
(1) act, within 90 days after the date of enactment of this Act, 
in accordance with section 553 of title 5, United States Code— 
(A) to define the term "known financial interest" for pur-
poses of subsection (a); and 
(B) to establish the methods by which the requirement to 
file written statements specified in subsection (a) will be 
monitored and enforced, including appropriate provisions for 
the filing by such officers and employees of such statements 
and the review by the Administrator or the Secretary of the 
Interior, as the case may be, of such statements; and 
89 STAT. 962 
PUBLIC LAW 94-163—DEC. 22, 1975 
Report to 
(2) report to the Congress on June 1 of each calendar year with 
Congress. 
respect to such disclosures and the actions taken in regard thereto 
during the preceding calendar year. 
Exemption. 
(c) In the rules prescribed in subsection (b), the Administrator and 
the Secretary of the Interior each may identify specific positions, or 
classes thereof within the Federal Energy Administration or Depart-
ment of the Interior, as the case may be, which are of a nonregulatory 
and nonpolicymaking nature and provide that officers or employees 
occupying such positions shall be exempt from the requirements of this 
section. 
Penalty. 
(d) Any officer or employee who is subject to, and knowingly vio-
lates, subsection (a) shall be fined not more than $2,500 or imprisoned 
not more than one year, or both. 
42 use 6393. 
5 use 551. 
Ante, pp. 875, 
890. 
Publication in 
Federal Register. 
Publication in 
newspapers. 
Oral 
presentation. 
ADMINISTRATIVE PROCEDUKE AND JUDICIAL REVIEW 
SEC. 523. (a)(1) Subject to paragraphs (2), (3), and (4) of this 
subsection, the provisions of subchapter II of chapter 5 of title 5, 
United States Code, shall apply to any rule, regulation, or order having 
the applicability and effect of a rule as defined in section 551(4) of 
title 5, United States Code, issued under title I (other than section 103 
thereof) and title II of this Act, or this title (other than any pro-
vision of such titles which amends another law). 
(2) (A) Notice of any proposed rule, regulation, or order described 
in paragraph (1) which is substantive and of general applicability 
shall be given by publication of such proposed rule, regulation, or 
order in the Federal Register. In each case, a minimum of 30 days 
following the date of such publication and prior to the effective date 
of the rule shall be provided for opportunity to comment; except that 
the 30-day period for opportunity to comment prior to the effective 
date of the rule may be— 
(i) reduced to no less than 10 days if the President finds that 
strict compliance would seriously impair the operation of the 
pT'ogram to which such rule, regulation, or order relates and such 
findings are set out in such rule, regulation, or order, or 
(ii) waived entirely, if the President finds that such waiver is 
necessary to act expeditiously during an emergency affecting the 
national security of the United States. 
(B) Public notice of any rule, regulation, or order which is sub-
stantive and of general applicability which is promulgated by officers 
of a State or political subdivision thereof or to State or local boards 
which have been delegated authority pursuant to title I or II of this 
Act or this title (other than any provision of such title) which amend 
another law shall, to the maximum extent practicable, be achieved by 
publication of such rules, regulations, or orders in a sufficient number 
of newspapers of general circulation calculated to receive widest prac-
ticable notice. 
(3) In addition to the requirements of paragraph (2) and to the 
maxinnnn extent practicable, an opportunity for oral presentation of 
data, views, and arguments shall be afforded and such opportunity 
shall be afforded prior to the effective date of such rule, regulation, or 
order, but in all cases such opportunity shall be afforded nO' later than 
45 days, and no later than 10 days (in the case of a waiver of the 
entire comment period under paragraph (2) (ii)), after such date. A 
transcript shall be made of any oral presentation. 
(4) Any officer or agency authorized to issue rules, regulations, or 
orders described in paragraph (1) shall provide for the making of 
such adjustments, consistent with the other purposes of this Act as 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 963 
may be necessary to prevent special hardship, inequity, or an unfair 
distribution of burdens and shall in rules prescribed by it establish 
procedures which are available to any person for the purpose of seek-
ing an interpretation, modification, or rescission of, or an exception 
to or exemption from, such rules, regulations and orders. If such per-
son is aggrieved or adversely affected by the denial of a request for 
such action under the preceding sentence, he may request a review of 
such denial by the officer or agency and may obtain judicial review in 
accordance with subsection (b) or other applicable law when such 
denial becomes final. The officer or agency shall, by rule, establish 
appropriate procedures, including a hearing where deemed advisable, 
for considering such requests for action under this paragraph. 
(b) The procedures for judicial review established by section 211 
of the Economic Stabilization Act of 1970 shall apply to proceedings 
to which subsection (a) applies, as if such proceedings took place 
under such Act. Such procedures for judicial review shall apply not-
Avithstanding the expiration of the Economic Stabilization Act of 
1970. 
(c) Any agency authorized to issue any rule, regulation, or order 
described in subsection (a) (1) shall, upon written request of any per-
son, which request is filed after any grant or denial of a request for 
exception or exemption from any such rule, regulation, or order, 
furnish such person, within 30 days after the date on which such 
request is filed, with a written opinion setting forth applicable facts 
and the legal basis in support of such grant or denial. 
Judicial review. 
12 use 1904 
note. 
PROHIBITED ACTS 
SEC. 524. It shall be unlawful for any person— 
(1) to violate any provision of title I or title II of this Act or 
this title (other than any provision of such titles which amend 
another law), 
(2) to violate any rule, regulation, or order issued pursuant to 
any such provision or any provision of section 383 of this Act; or 
(3) to fail to comply with any provision prescribed in, or pur-
suant to, an energy conservation contingency plan which is in 
effect. 
ENFORCEMENT 
SEC. 525. (a) Whoever violates section 524 shall be subject to a civil 
penalty of not more than $5,000 for each violation. 
(b) Whoever willfully violates section 524 shall be fined not more 
than $10,000 for each violation. 
(c) Any person who knowingly and willfully violates section 524 
with respect to the sale, offer of sale, or distribution in commerce of 
a product or commodity after having been subjected to a civil penalty 
for a prior violation of section 624 with respect to the sale, offer of sale, 
or distribution in commerce of such product or commodity shall be 
fined not more than $50,000 or imprisoned not more than 6 months, or 
both. 
(d) Whenever it appears to any 'officer or agency of the United States 
in whom is vested, or to whom is delegated, authority under this Act 
that any person has engaged, is engaged, or is about to engage in acts 
or practices constituting a violation of section 524, such officer or 
agency may request the Attorney General to bring an action in an 
appropriate district court of the United States to enjoin such acts or 
practices, and upon a proper showing a temporary restraining order 
or a preliminary or permanent injunction shall be granted without 
42 use 6394, 
Ante, pp. 87,'j, 
890. 
Penalties. 
42 use 6395. 
89 STAT. 964 
PUBLIC LAW 94-163—DEC. 22, 1975 
bond. Any such court may also issue mandatory injunctions command-
ing any person to comply with any rule, regulation, or order described 
in section 524. 
(e)(1) Any person suffering legal wrong because of any act or 
practice arising out of any violation of any provision of this Act 
described in paragraph (2), may bring an action in an appropriate 
district court of the United States without regard to the amount in 
controversy, for appropriate relief, including an action for a declara-
tory judgment or writ of injunction. Nothing in this subsection shall 
authorize any person to recover damages. 
(2) The provisions of this Act referred to in paragraph (1) are 
as follows: 
^A) Section 202 (relating to energy conservation plans). 
(B) Section 251 (relating to international oil allocation). 
(C) Section 252 (relating to international voluntary agree-
ments) . 
(D) Section 253 (relating to advisory committees). 
(E) Section 254 (relating to international exchange of infor-
mation). 
(F) Section 521 (relating to prohibition on certain actions). 
EFFECT ON OTHER LAWS 
42 use 6396. 
SEC. 526. No State law or State program in effect on the date of enact-
ment of this Act, or which may become effective thereafter, shall be 
Ante, pp. 875, 
superseded by any provision of title I or II of this Act (other than 
°^^- 
any provision of such title which amends another law) or any rule, 
regulation, or order thereunder, except insofar as such State law or 
State program is in conflict with such provision, rule, regulation, or 
order. 
TRANSFER OF AUTHORITY 
42 use 6397. 
SEC. 52Y. In accordance with section 15(a) of the Federal Energy 
15 use 774. 
Administration Act of 1974, the President shall designate, where appli-
cable and not otherwise provided by law, an appropriate Federal 
agency to carry out functions vested in the Administrator under this 
Act and amendments made thereby after the termination of the Fed-
eral Energy Administration. 
AUTHORIZATION OF APPROPRIATIONS FOR INTERIM PERIOD 
42 use 6398. 
SEC. 528. Any authorization of appropriations in this Act, or in any 
amendment to any other law made by this Act, for the fiscal year 
1976 shall be deemed to include an additional authorization of appro-
priations for the period beginning July 1, 1976, and ending Septem-
ber 30, 1976, in amounts which equal one-fourth of any amount 
authorized for fiscal year 1976, unless appropriations for the same 
purpose are specifically authorized in a law hereinafter enacted. 
INTRASTATE NATURAL GAS 
42 use 6399. 
SEC. 529. No provision of this Act shall permit the imposition of any 
price controls on, or require any allocation of, natural gas not subject 
to the jurisdiction of the Federal Power Commission. 
LIMITATION ON LOAN GUARANTEES 
42 use 6400. 
SEC. 530. Loan guarantees and obligation guarantees under this 
Act or any amendment to another law made by this Act may not be 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 965 
issued in violation of any limitation in appropriations or other Acts, 
with respect to the amounts of outstanding obligational authority. 
EXPIRATION 
SEC. 531. Except as otherwise provided in title I or title II, all 42 USC 6401. 
authority under any provision of title I or title I I (other than a Ante, pp. 875, 
provision of either such title amending another law) and any rule, ^90. 
regulation, or order issued pursuant to such authority, shall expire 
at midnight, June 30, 1985, but such expiration shall not affect any 
action or pending proceedings, civil or criminal, not finally determined 
on such date, nor any action or proceeding based upon any act com-
mitted prior to midnight, June 30,1985. 
PART C—CONGRESSIONAL KEVIEW 
PROCEDURE FOR CONGRESSIONAL REVIEW OF PRESIDENTIAL REQUESTS TO 
IMPLEMENT 
CERTAIN 
AUTHORITIES 
SEC. 551. (a) For purposes of this section, the term "energy action" 42 USC 6421. 
means any matter required to be transmitted, or submitted 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 House, 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 affirmatively 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 adjournment 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 
89 STAT. 966 
PUBLIC LAW 94-163—DEC. 22, 1975 
(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. 
'Resolution." 
(2) For purposes of this subsection, the term "resolution" means 
only a resolution of either House of Congress described in subpara-
graph (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) A resolution once introduced with respect to an energy action 
shall immediately be referred to a committee (and all resolutions with 
respect to the same plan shall be referred to the same committee) by 
the President of the Senate or the Speaker of the House of Kepresenta-
tives, as the case may be. 
(4) (A) If the committee to which a resolution with respect to an 
energy action has been referred has not reported it at the end of 5 
calendar days after its referral, it shall be in order to move either to 
discharge the committee from further consideration of such resolution 
or to discharge the committee from further consideration of any other 
resolution with respect to such energy action which has been referi-ed 
to the committee. 
(B) A motion to discharge may be made only by an individual 
favoring the resolution, shall be highly privileged (except that it may 
not be made after the committee has reported a resolution with respect 
to the same energy action), and debate thereon shall be limited to not 
more than one hour, to be divided equally between those favoring and 
those opposing the resolution. An amendment to the motion shall not 
be in order, and it shall not be in order to move to reconsider the vote 
by which the motion was agreed to or disagreed to. 
(C) If the motion to discharge is agreed to or disagreed to, the 
motion may not be renewed, nor may another motion to discharge the 
committee be made with respect to any other resolution with respect to 
the same energy action. 
(5) (A) When the committee has reported, or has been discharged 
from further consideration of, a resolution, it shall be at any time 
thereafter in order (even though a previous motion to the same effect 
has been disagreed to) to move to proceed to the consideration of the 
resolution. The motion shall be highly privileged and shall not be 
debatable. An amendment to the motion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which the motion 
was agreed to or disagreed to. 
(B) Debate on the resolution referred to in subparagraph (A) of 
this paragraph shall be limited to not more than 10 hours, which shall 
be divided equally between those favoring and those opposing such 
resolution. A motion further to limit debate shall not be debatable. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 967 
An amendment to, or motion to recommit, the resolution shall not be in 
order, and it shall not be in order to move to reconsider the vote by 
which such resolution was agreed to or disagreed to; except that it 
shall be in order— 
(i) to offer an amendment in the nature of a substitute, consist-
ing of the text of a resolution described in paragraph (2) (A) of 
this subsection with respect to an energy action, for a resolution 
described in paragraph (2) (B) of this subsection with respect to 
the same such action, or 
(ii) to offer an amendment in the nature of a substitute, consist-
ing of the text of a resolution described in paragraph (2) (B) of 
this subsection with respect to an energy action, for a resolution 
described in paragraph (2) (A) of this subsection with respect to 
the same such action. 
The amendments described in clauses (i) and (ii) of this subpara-
graph shall not be amendable. 
(6) (A) Motions to postpone, made with respect to the discharge 
from committee, or the consideration of a resolution and motions to 
proceed to the consideration of other business, shall be decided with-
out debate. 
(B) Appeals from the decision of the Chair relating to the appli-
cation of the rules of the Senate or the House of Representatives, as 
the case may be, to the procedure relating to a resolution shall be 
decided without debate. 
(7) Notwithstanding any of the provisions of this subsection, if a 
House has approved a resolution with respect to an energy action, then 
it shall not be in order to consider in that House any other resolution 
with respect to the same such action. 
EXPEDITED PROCEDURE FOR CONGRESSIONAL CONSIDERATION OE CERTAIN 
AUTHORITIES 
SEC. 552. (a) Any contingency plan transmitted to the Congress Contingency 
pursuant to section 201 (a) (1) shall bear an identification number and pl*iis. 
shall be transmitted to both Houses of Congress on the same day and 42 USC 6422. 
to each House while it is in session. 
(b) No such contingency plan may be considered approved for pur-
poses of section 201(a)(2) of this Act unless between the date of 
transmittal and the end of the first period of 60 calendar days of con-
tinuous 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). 
(c) 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 than 3 days to a day certain are excluded 
in the computation of the 60-calendar-day period. 
(d)(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 appli-
cable 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 
89 STAT. 968 
PUBLIC LAW 94-163—DEC. 22, 1975 
(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. 
'Resolution." 
(2) For purposes of this subsection, the term "resolution" means 
only a resolution of either House of Congress the matter after the 
resolving clauses of which is as follows: "That the 
approves the contingency plan 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 resolu-
tion which specifies more than one contingency plan. 
(3) A resolution once introduced with respect to a contingency 
plan shall immediately be referred to a committee (and all resolutions 
with respect to the same contingency plan shall be referred to the 
same committee) by the President of the Senate or the Speaker of 
the House of Representatives, as the case may be. 
(4) (A) If the committee to which a resolution with respect to a 
contingency plan has been referred has not reported it at the end of 
20 calendar days after its referral, it shall be m order to move either 
to discharge the committee from further consideration of such resolu-
tion or to discharge the committee from further consideration of any 
other resolution with respect to such contingency plan which has been 
referred to the committee. 
(B) A motion to discharge may be made only by an individual 
favoring the resolution, shall be highly privileged (except that it may 
not be made after the committee has reported a resolution with respect 
to the same contingency plan), and debate thereon shall be limited 
to not more than 1 hour, to be divided equally between those favoring 
and those opposing the resolution. An amendment to the motion shall 
not be in order, and it shall not be in order to move to reconsider the 
vote by which the motion was agreed to or disagreed to. 
(C) If the motion to discharge is agreed to or disagreed to, the 
motion may not be renewed, nor may another motion to discharge the 
committee be made with respect to any other resolution with respect 
to the same contingency plan. 
(5) (A) When the committee has reported, or has been discharged 
from further consideration of, a resolution, it shall be at any time 
thereafter in order (even though a previous motion to the same effect 
has been disagreed to) to move to proceed to the consideration of the 
resolution. The motion shall be highly privileged and shall not be 
debatable. An amendment to the notion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which the motion 
was agreed to or disagreed to. 
(B) Debate on the resolution referred to in subparagraph (A) of 
this paragraph shall be limited to not more than 10 hours, which shall 
be divided equally between those favoring and those opposing such 
resolution. A motion further to limit debate shall not be debatable. An 
amendment to, or motion to recommit the resolution shall not be in 
order, and it shall not be in order to move to reconsider the vote by 
which such resolution was agreed to or disagreed to. 
(6) (A) Motions to postpone, made with respect to the discharge 
from committee, or the consideration of a resolution and motions to 
proceed to the consideration of other business, shall be decided without 
debate. 
PUBLIC LAW 94-163—DEC. 22, 1975 
89 STAT. 969 
(B) Appeals from the decision of the Chair relating to the applica-
tion of the rules of the Senate or the House of Rejpresentatives, as the 
case may be, to the procedures relating to a resolution shall be decided 
without debate. 
Approved December 22, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-340 accompanying H.R. 7014 (Comm. on Interstate and 
Foreign Commerce) and No. 94-700 (Comm. of Conference). 
SENATE REPORTS: No. 94-26 (Comm. on Interior and Insular Affairs) and No. 
94-516 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
Mar. 12, 13, Apr. 7-10, considered an4 passed Senate. 
Sept. 23, considered and passed House, amended, in lieu of H.R. 7014. 
Sept. 26, Senate concurred in House amendment with an amendment. 
Dec. 15, House concurred in Senate amendment with an amendment. 
Dec. 16, 17, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 52: 
Dec. 22, Presidential statement.