An act to establish an emergency program for the conservation of energy and to provide for a standby rationing plan for motor fuel.
PL 96-102 (S.1030), enacted 11/05/1979

PUBLIC LAW 96-102—NOV. 5, 1979 
93 STAT. 749 
Public Law 96-102 
96th Congress 
An Act 
To establish an emergency program for the conservation of energy and to provide 
Nov. 5,1979 
for a standby rationing plan for motor fuel. 
[S. 1030] 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
Emergency 
Energy 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Conservation 
(a) SHORT TITLE.—This Act may be cited as the "Emergency Energy .9\?i^?iS:, 
Conservation Act of 1979". 
note. 
0)) TABLE OF CONTENTS.—The table of contents for this Act is as 
follows: 
Sec. 1. Short title; table of contents. 
TITLE I—STANDBY MOTOR FUEL RATIONING 
Sec. 101. Findings. 
Sec. 102. Report on plan development. 
Sec. 103. Procedures for developing and implementing rationing plan. 
Sec. 104. Required elements of rationing plan. 
Sec. 105. Technical and conforming amendments. 
TITLE II—EMERGENCY ENERGY CONSERVATION 
Sec. 201. Findings and purposes. 
Sec. 202. Definitions. 
PART A—EMERGENCY ENERGY CONSERVATION PROGRAM 
Sec. 211. National and State emergency conservation targets. 
Sec. 212. Stete emergency conservation plan. 
Sec. 213. Standby Federm conservation plan. 
Sec. 214. Judicisd review. 
Sec. 215. Reports. 
PART B—OTHER AUTOMOBILE FUEL PURCHASE MEASURES 
Sec. 221. Minimum automobile fuel purchases. 
Sec. 222. Out-of-State vehicles to be exempted from odd-even motor fuel purchase 
restrictions. 
PART C—BUILDING TEMPERATURE RESTRICTIONS 
Sec. 231. Amendment to Energy Policy and Conservation Act. 
PART D—STUDIES 
Sec. 241, Studies. 
' 
..... . 
Sec. 242. Middle distillate monitoring program. 
PART E—ADMINISTRATIVE PROVISIONS 
Sec. 251, Administration. 
TITLE m—GENERAL PROVISIONS 
Sec. 301. Funding for fiscal years 1979 and 1980, 
Sec. 302, Effective date. 
93 STAT. 750 
PUBLIC LAW 96-102—NOV. 5, 1979 
TITLE I—STANDBY MOTOR FUEL RATIONING 
SEC. 101. FINDINGS. 
42 use 6261 
The Congress finds that— 
^°^- 
(1) a standby rationing plan for gasoline and diesel fuel should 
provide, to the maximum extent practicable, that the burden of 
reduced supplies of gasoline and diesel fuel be shared by all 
persons in a fair and equitable manner and that the economic 
and social impacts of such plan be minimized; and 
(2) such a plan should be sufficiently flexible to respond to 
changed conditions and sufficiently simple to be effectively 
administered and enforced. 
SEC. 102. REPORT ON PLAN DEVELOPMENT. 
42 use 6261 
(a) REPORT.—As soon as practicable after the date of the enactment 
of this Act (but in no event later than 120 days after such date of 
enactment), the President shall prepare, and transmit to the Commit-
tee on Interstate and Foreign Commerce of the House of Representa-
tives and the Committee on Energy and Natural Resources of the 
Senate, a report describing the measures taken after such date of 
enactment (and the costs thereof) to establish a system of rationing of 
gasoline and diesel fuel pursuant to sections 201 and 203 of the 
Energy Policy and Conservation Act (42 U.S.C 6261, 6263), together 
with a description of the additional measures to be taken in establish-
ing such system, a timetable for completion of such measures, and an 
estimate of the costs thereof. 
(b) SPECIFIC ISSUES To BE ADDRESSED IN REPORT.—The report under 
subsection (a) shall include— 
(1) a description of the extent to which ration coupons or other 
evidences of right under such a rationing system would be 
distributed to each end-user of gasoline or diesel fuel on the basis 
of such end-user's needs, and an explanation of the extent to 
which such distribution would not be based on such end-user's 
needs; 
(2) an analysis of having the entitlement under the rationing 
system to such end-user rights be granted on the basis of 
individuals licensed to operate motor vehicles on the public roads 
and highways, and an explanation of the extent to which such 
entitlement will be granted on that basis; 
(3) a description of the extent to which the rationing system 
would meet the needs and hardships of end-users by the use of 
local boards as provided for under section 203(d) of such Act (42 
U.S.C. 6263(d)), and an explanation of the extent to which such 
boards would not be used; 
Handicapped 
(4) a description of how the rationing system complies with the 
persons. 
objective of providing for the mobility needs of handicapped 
persons (including means for their obtaining such end-user 
rights) as required under section 203(a)(2)(A) of such Act (42 
U.S.C. 6263(a)(2)(A)); and 
(5) a description of the steps to be taken to provide adequate 
end-user allocation under the rationing system for the needs of 
those in suburban and rural areas, particularly mid-sized cities, 
small towns, and rural communities, not adequately served by 
any public transportation system. 
(c) COMMITTEES TO BE KEPT CURRENTLY INFORMED.—The President 
shall keep such committees fully and currently informed about the 
progress in establishing and administering a system of rationing and 
of any problems and delays in establishing and administering the 
system. 
PUBLIC LAW 96-102—NOV. 5, 1979 
93 STAT. 751 
(d) ADDITIONAL REPORT.—90 days after the report is transmitted 
under subsection (a), the President shall prepare and transmit to 
each such committee another report unless a rationing contingency 
plan has been prescribed and transmitted to each House of the 
Congress during the preceding 90-day period. Such report shall 
contain the same information as required for the report under 
subsection (a), except that such information shall be made current to 
the date of the report. 
(e) PuBuc NOTICE OF REPORTS.—The President shall provide public 
notice of any report under subsection (a) or (d) at the time of its 
transmittal, shall make such report available to the public, and shall 
transmit copies of such report to the Governors of the various States. 
SEC. 103. PROCEDURES FOR DEVELOPING AND IMPLEMENTING RATION-
ING PLAN. 
(a) PLAN DEVELOPMENT.—Section 203(a)(1) of the Energy Policy and 
Conservation Act (42 U.S.C. 6263(a)) is amended by striking out "The 
President shall prescribe," and inserting in lieu thereof "As soon as 
practicable after the date of the enactment of the Emergency Energy 
Conservation Act of 1979, the President shall prescribe,", and by Ante, p. 749. 
adding at the end thereof the following new sentence:' 
The President, Consultation 
to the maximum extent practicable, shall consult with the Governors ^*^ Governors, 
of the various States (or the representatives of such Governors) 
during the development of any rationing contingency plan under this 
section.". 
(b) PLAN APPROVAL AND IMPLEMENTATION.—(1) Section 201(e) of 
such Act (42 U.S.C. 6261(e)) is amended to read as follows: 
"(e)(1) For purposes of this subsection, any rationing contingency 
plan shall be considered to be approved i
f
— 
"(A) the President has transmitted such rationing contingency 
plan to the Congress in accordance with section 552, and 
42 use 6422. 
"(B) such rationing contingency plan has not been disapproved 
by a joint resolution adopted into law after passage by both 
Houses of the Congress in accordance with section 552. 
"(2)(A) Except to the extent provided under subparagraph (B), the 
President may put into effect a rationing contingency plan which is 
considered approved under the preceding provisions of this subsec-
tion only i
f
— 
"(i) the President has found, in his discretion, that putting such 
rationing 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, subject to paragraph (3); 
"(ii) the President has transmitted such finding to the Con-
gress in accordance with section 551, together with a request to 42 use 6421. 
put such rationing contingency plan into effect; and 
"(iii) neither House of the Congress has disapproved (or both 
Houses have approved) such request in accordance with the 
procedures specified in section 551. 
"(B)(i) The President may put into effect such an approved ration-
ing plan without the finding required under subparagraph (A)(i) (and 
without regard to the requirements of subparagraph (A) (ii) and (iii)) 
i
f
— 
"(I) the President has transmitted to the Congress in accord-
ance with section 552 a request to waive such requirements; and 
"(II) such request has been approved by a resolution by each 
House of the Congress within 30 days of continuous session of 
Congress after the date of its transmittal, in accordance with the 
93 STAT. 752 
PUBLIC LAW 96-102—NOV. 5, 1979 
42 u s e 6422. 
"Severe energy 
supply 
interruption." 
Post, p. 757. 
Projected daily 
demand. 
"Necessary to 
comply with 
obligations of the 
United States 
under the 
international 
energy 
program." 
provisions of section 552 applicable thereunder to energy conser-
vation contingency plans, 
"(ii) Any authority to put a rationing contingency plan into effect 
under clause (i) pursuant to a request under such clause shall 
terminate on the 60th calendar day after the date on which a 
resolution approving that request is adopted by the second House to 
have so approved that request. 
"(iii) In applying the provisions of section 552 for purposes of this 
subparagraph— 
"(I) subsections (b), (d)(2)(B), and (d)(7) shall not apply; 
"(II) the references to 60 calendar days and 20 calendar days 
shall be considered to refer to 30 calendar days and 10 calendar 
days, respectively; and 
"(III) the references to any contingency plan shall be consid-
ered to refer to a request under this subparagraph. 
"(3) For purposes of 
paragraph (2)— 
"(A) The term 'severe energy supply interruption' means a 
national energy supply shortage which the President deter-
mines— 
"(i) has resulted or is likely to result in a daily shortfall in 
the United States of gasoline, diesel fuel, and No. 2 heating 
oil supplies for a period in excess of 30 days (including 
reductions as a result of an allocation away from the United 
States under the international energy program) of an 
amount equal to 20 percent or more of projected daily 
demand for such supplies; 
"(ii) is not manageable under other energy emergency 
authorities, including any energy conservation contingency 
plans approved under subsection (b) and any emergency 
conservation authority available under title II of the Emer-
gency Energy Conservation Act of 1979; 
"(iii) is expected to persist for a period of time sufficient to 
seriously threaten the adequacy of domestic stocks of gaso-
line, diesel fuel, and No. 2 heating oil; and 
"(iv) is having or can reasonably be expected to have a 
major adverse impact on national health or safety or the 
national economy. 
"(B) For purposes of determining the shortfall of supplies 
under subparagraph (AXi), the projected daily demand for gaso-
line, diesel fuel, and No. 2 heating oil supplies shall be the 
amount of such supplies that were available during any consecu-
tive period of 12 calendar months which the President considers 
appropriate and which occurred during the 36 calendar month 
period which immediately precedes the month in which such 
finding is made, such amount to be adjusted— 
"(i) to take into account, for the period between the base 
period and the month in which the determination is made, 
the normal growth in demand for gasoline, diesel fuel, and 
No. 2 heating oil, as determined by the President on the basis 
of growth experienced during the 36-month period from 
which the base period was selected; and 
"(ii) to take into account seasonal variations in demand for 
such fuels, as determined by the President. 
"(C) TTie term 'necessary to comply with obligations of the 
United States under the international energy program' refers to 
a necessity which the President determines to have impacts 
comparable to those provided for in subparagraph (A) of this 
paragraph. 
PUBLIC LAW 96-102—NOV. 5, 1979 
93 STAT. 753 
"(4XA) A rationing contingency plan may not be amended after it is 
transmitted to the Congress and before it is considered approved 
under paragraph (1). 
"(B) Except as provided in subparagraphs (C) and (D), a rationing 
contingency plan which is considered approved under this subsection 
may not be amended other than by an amendment with respect to 
which— 
"(i) a period of 15 calendar days of continuous session (within 
the meaning of section 552(c)) has passed after the receipt of the 42 use 6422. 
proposed amendment by the Committee on Interstate and For-
eign Commerce of the House of Representatives and the Commit-
tee on Energy and Natural Resources of the Senate; or 
"(ii) each such committee before the expiration of such period 
has transmitted to the President written notice stating in sub-
stance that such committee has no objection to the proposed 
amendment. 
"(C) Except as provided in subparagraph (D), a rationing contin-
gency plan may not be amended during any period in which such plan 
is in effect pursuant to paragraph (2) unless the President has 
transmitted such amendment to the Congress in accordance with 
section 551(b), and neither House of Congress has disapproved (or 42 use 6421. 
both Houses have approved) such amendment in accordance with the 
procedures specified in section 551. 
"(D) The requirements of subparagraphs (B) and (C) shall not apply 
with respect to any amendment which is a technical or clerical 
amendment.". 
(2)(A) Section 552(b) of such Act (42 U.S.C. 6422(b)) is amended— 
(i) by striking out "No such contingency plan" and inserting in 
lieu thereof "(1) No such energy conservation contingency plan"; 
(ii) by striking out "(d)(2) and inserting in lieu thereof 
"(dX2)(A)";and 
(iii) by adding at the end thereof the following new paragraph: 
"(2)(A) Subject to subparagraph (B), any such rationing contingency 
plan shall be considered approved for purposes of section 201(d) only 42 use 6261. 
if such plan is not disapproved by a resolution described in subsection 
(dX2)(BXi) which passes each House of the Congress during the 30-
calendar-day period of continuous session after the plan is trans-
mitted to such Houses and which thereafter becomes law. 
"(B) A rationing contingency plan may be considered approved 
prior to the expiration of the 30-calendar-day period after such plan is 
transmitted if a resolution described in subsection (dX2XBXii) is 
passed by each House of the Congress and thereafter becomes law.". 
(B) Section 552(cX2) of such Act (42 U.S.C. 6422(cX2)) is amended by 
striking out "60-calendar-day period" and insert in lieu thereof 
"calendar-day period involved". 
(C) Section 552(dX2) of such Act (42 U.S.C. 6422(dX2)) is amended— 
(i) by striking out "For purposes of this subsection," and 
inserting in lieu thereof "(A) For purposes of applying this 
section with respect to any energy conservation contingency 
plan,"; and 
(ii) by adding at the end thereof the following new subpara-
graph: 
"(B) For purposes of applying this subsection with respect to any "Resolution." 
rationing contingency plan (other than pursuant to section 201(d) 
(2XB)), the term resolution' means only a joint resolution described 
in clause (i) or (ii) of this subparagraph with respect to such plan, 
"(i) A joint resolution of either House of the Congress (I) which 
is entitled: 'Joint resolution relating to a rationing contingency 
plan.', (II) which does not conteun a preamble, and (III) the matter 
59-194 O — 81 
50 : QL3 
93 STAT. 754 
PUBLIC LAW 96-102—NOV. 5, 1979 
after the resolving clause of which is: 'That the Congress of the 
United States disapproves the rationing contingency plan trans-
mitted to the Congress on 
, 19 .', the blank spaces 
therein appropriately filled. 
"(ii) A joint resolution of either House of the Congress (I) which 
is entitled: 'Joint resolution relating to a rationing contingency 
plan.', (II) which does not contain a preamble, and (III) the matter 
after the resolving clause of which is: 'That the Congress of the 
United States does not object to the rationing contingency plan 
transmitted to the Congress on 
, 19 .', the blank 
spaces therein appropriately filled.". 
(D) Section 552(d)(4)(A) of such Act (42 U.S.C. 6422(d)(4)(A)) is 
amended by inserting after "after its referral" the following: "in the 
case of any energy conservation contingency plan or at the end of 10 
calendar days after its referral in the case of any rationing contin-
gency plan". 
(E) Section 552(d)(4)(B) of such Act (42 U.S.C. 6422(d)(4)(B)) is 
amended by striking out "An amendment" in the second sentence 
and inserting in lieu thereof "Except to the extent provided in 
paragraph (7)(A), an amendment". 
(F) Section 552(d)(5)(B) of such Act (42 U.S.C. 6422(d)(5)(B)) is 
amended by striking out "An amendment" in the third sentence and 
inserting in lieu thereof "Except to the extent provided in paragraph 
(7)(B), an amendment". 
(G) Section 552(d) of such Act (42 U.S.C. 6422(d)) is amended by 
adding at the end thereof the following new paragraph: 
"(7) With respect to any rationing contingency plan— 
"(A) In the consideration of any motion to discharge any 
committee from further consideration of any resolution on any 
such plan, it shall be in order after debate allowed for under 
paragraph (4)(B) to offer an amendment in the nature of a 
substitute for such motion— 
"(i) consisting of a motion to discharge such committee 
from further consideration of a resolution described in 
paragraph (2)(B)(i) with respect to any rationing contingency 
plan, if the discharge motion sought to be amended relates to 
a resolution described in paragraph (2)(B)(ii) with respect to 
the same such plan, or 
"(ii) consisting of a motion to discharge such committee 
from further consideration of a resolution described in 
paragraph (2)(B)(ii) with respect to any rationing contin-
gency plan, if the discharge motion sought to be amended 
relates to a resolution described in paragraph (2)(B)(i) with 
respect to the same such plan. 
An amendment described in this subparagraph shall not be 
amendable. Debate on such an amendment shall be limited to not 
more than 1 hour, which shall be divided equally between those 
favoring and those opposing the amendment. 
"(B) In the consideration of any resolution on any such plan 
which has been reported by a committee, it shall be in order at 
any time during the debate allowed for under paragraph (5)(B) to 
offer an amendment in the nature of a substitute for such . 
resolution— 
"(i) consisting of the text of a resolution described in 
paragraph (2)(BXi) with respect to any rationing contingency 
plan, if the resolution sought to be amended is a resolution 
described in paragraph (2)(B)(ii) with respect to the same 
such plan, or 
. . ^ , „, _,, , 
PUBLIC LAW 96-102—NOV. 5,1979 
93 STAT. 755 
"(ii) consisting of the text of a resolution described in 
paragraph (2)(B)(ii) with respect to any rationing contin-
gency plan, if the resolution sought to be amended is a 
resolution described in paragraph (2)(B)(i) with respect to the 
same such plan. 
An amendment described in this subparagraph shall not be 
amendable. 
"(C) If one House receives from the other House a resolution 
with respect to a rationing contingency plan, then the following 
procedure applies: 
"(i) the resolution of the other House with respect to such 
plan shall not be referred to a committee; 
"(ii) in the case of a resolution of the first House with 
respect to such plan— 
"(I) the procedure with respect to that or other resolu-
tions of such House with respect to such plan shall be 
the same as if no resolution from the other House with 
respect to such plan had been received; but 
"(II) on any vote on final passage of a resolution of the 
first House with respect to such plan a resolution from 
the other House with respect to such plan which has the 
same effect shall be automatically substituted for the 
resolution of the first House. 
"(D) Notwithstanding any of the preceding provisions of this 
subsection, if a House has approved a resolution with respect to a 
rationing contingency plan, then it shall not be in order to 
consider in that House any other resolution under this section 
with respect to the approval of such plan.", 
(c) ELIMINATION OP CERTAIN ADMINISTRATIVE REQUIREMENTS.—(1) 
Section 201(f) of such Act (42 U.S.C. 6261(f)) is amended by adding at 
the end thereof the following new sentence: "Notwithstanding the 
preceding provisions of this subsection, such economic analysis and 
evaluation is not required to be performed, or transmitted to the 
Congress, under this subsection in the case of any rationing contin-
gency plan.". 
(2) Section 203 of such Act (42 U.S.C. 6263) is amended by adding at 
the end thereof the following new subsection: 
"(g) Any authority of the President with respect to a rationing 
contingency plan under this Act which is delegated to the Secretary 
shall be exercised by the Secretary without regard to section 404 of 
the Department of Energy Organization Act (42 U.S.C. 7174).". 
SEC. 104. REQUIRED ELEMENTS OF RATIONING PLAN. 
Section 203(a) of the Energy Policy and Conservation Act (42 U.S.C. 
6263(a)), as amended by section 103, is further amended by adding at 
the end thereof the following new paragraph: 
"(3) Any rationing contingency plan prescribed under this section 
shall provide that— 
"(A) the end-user rights specified in paragraph (1) shall be 
distributed on a State-to-State basis that results in the degree of 
shortfall from the base period use being equally shared among 
the various States, considering the most recent base period use 
data available; 
"(B) to the maximum extent practicable, such rights shall be 
made available to classes of end-users on a basis which takes into 
account fairly the relative needs of such end-users; and 
"(C) adequate end-user rights are available to carry out para-
graph (1) (A) and (B) as required under paragraph (1).". 
93 STAT. 756 
PUBLIC LAW 96-102—NOV. 5, 1979 
SEC. 105. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) (CONFORMING AMENDMENTS.—(1) Section 201 of the Energy 
Policy and C!onservation Act (42 U.S.C. 6261), as amended by section 
103, is further amended by striking out subsection (c) and by redesig-
nating subsections (d), (e), and (f) as subsections (c), (d), and (e), 
rGSDGCt 
i 
VG1V 
(2) Section 201(b) of such Act (42 U.S.C. 6261(b)) is amended by 
striking out "Except as otherwise provided in subsection (d) or (e) and 
subject to the requirements of subsection (c), no contingency plan 
may become effective" and inserting in lieu thereof "Except as 
otherwise provided in subsection (c), no energy conservation contin-
gency plan may become effective". 
(3) Section 201(c) (as redesignated) of such Act (42 U.S.C. 6261(d)) is 
amended by striking out "a contingency plan" each place it appears 
and inserting in lieu thereof "an energy conservation contingency 
plan". 
(4) Section 552(d)(2XA) of such Act (42 U.S.C. 6422(d)(2)) is amended 
by inserting "energy conservation" before "contingency plan" each 
place such term appears. 
(5) Section 201(e) (as redesignated) of such Act (42 U.S.C. 6261(f)) is 
amended by striking out "or (e)(lXB)" and inserting in lieu thereof 
"or(dXl)". 
(b) TECHNICAL AMENDMENTS.—(1) Section 203(dX2) of such Act (42 
U.S.C. 6263(dX2)) is amended— 
(A) by striking out all that precedes subparagraph (A) and 
inserting in lieu thereof the following: 
"(2) Any rationing contingency plan under this section shall set 
forth—"; and 
(B) by striking out "his" in subparagraph (A) and inserting in 
lisii ttiGrGof "thfi PrGsidfint s 
(2) Section 203(dX3)(A) of such Act (42 U.S.C. 6263(dX3)(A)) is 
amended by striking out "following the establishment of criteria and 
procedures under paragraph (2)" and inserting in lieu thereof "begin-
ning 30 days (or such earlier date as the President considers appropri-
ate) after a rationing contingency plan is considered approved under 
this section". 
(3) Section 203 of such Act (42 U.S.C. 6263) is amended by striking 
out "paragraph (1)" where it appears in subsections (dXlXB) and (eX3) 
and inserting in lieu thereof "subsection (aXD". 
(4) Section 203 of such Act (42 U.S.C. 6263) is further amended— 
(A) in subsection (aXD thereof, by striking out "in accordance 
42 use 6393. 
with section 523(a) of this Act"; and 
(B) by adding at the end thereof the following new subsection: 
"(h) Any rationing contingency plan, or any amendment thereto, as 
well as any regulation thereunder, shall be prescribed in accordance 
with section 523(a), except that the period for any oral or written 
comments on any such proposed plan, amendment, or regulation may 
not extend beyond the 45th day after the date of the publication of the 
notice of the proposed plan, amendment, or regulation.". 
42 use 6263. 
(5) Section 203 of such Act, as amended by paragraph (4), is further 
amended by adding at the end thereof the following new subsection: 
"(i) Any ration coupon or any other evidence of right prepared by or 
on behalf of the United States for use in connection with a rationing 
contingency plan shall be considered to be an obligation or other 
security of the United States for purposes of title 18, United States 
Code.". 
42 use 6422. 
(6) Section 552(bXl) of such Act is amended by striking out "section 
42 use 6261. 
201(a)(2)" and inserting in lieu thereof "section 201(b)". 
PUBLIC LAW 96-102—NOV. 5, 1979 
93 STAT. 757 
TITLE II—EMERGENCY ENERGY CONSERVATION 
SEC. 201. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that— 
42 use 850i. 
(1) serious disruptions have recently occurred in the gasoline 
and diesel fuel markets of the United States; 
(2) it is likely that such disruptions will recur; 
(3) interstate commerce is significantly affected by those 
market disruptions; 
(4) an urgent need exists to provide for emergency conservation 
and other measures with respect to gasoline, diesel fuel, home 
heating oil, and other energy sources in potentially short supply 
in order to cope with market disruptions and protect interstate 
commerce; and 
(5) up-to-date and reliable information concerning the supply 
and demand of gasoline, diesel fuel, and other related data is not 
available to the President, the Congress, or the public. 
(b) PURPOSES.—The purposes of this title are to— 
(1) provide a means for the Federal Government, States, and 
units of local government to establish emergency conservation 
measures with respect to gasoline, diesel fuel, home heating oil, 
and other energy sources which may be in short supply; 
(2) establish other emergency measures to alleviate disruptions 
in gasoline and diesel fuel markets; 
(3) obtain data concerning such fuels; and 
(4) protect interstate commerce. 
SEC. 202. DEFINITIONS. 
For purposes of this title— 
42 USC 8502. 
(1) The term "severe energy supply interruption", when used 
with respect to motor fuel or any other energy source, means a 
national energy supply shortage of such energy source which the 
President determines— 
(A) is, or is likely to be, of significant scope and duration; 
(B) may cause major adverse impact on national security 
or the national economy; and 
(C) results, or is likely to result, from an interruption in 
the energy supplies of the United States, including supplies 
of imported petroleum products, or from sabotage or an act 
of God. 
(2) The term "international energy program" has the meaning 
given that term in section 3(7) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6202). 
(3) The term "motor fuel" means gasoline and diesel fuel. 
(4) The term "person" includes (A) any individual, (B) any 
corporation, company, association, firm, partnership, society, 
trust, joint venture, or joint stock company, and (C) the govern-
ment or any agency of the United States or any State or political 
subdivision thereof. 
(5) The term "vehicle" means any vehicle propelled by motor 
fuel and manufactured primarily for use on public streets, roads, 
and highways. 
(6) The term "Secretary" means the Secretary of Energy. 
(7) The term "Governor" meeins the chief executive officer of a 
State. 
(8) The term "State" means a State, the District of Columbia, 
the Commonwealth of Puerto Rico, or any territory or possession 
of the United States. 
93 STAT. 758 
PUBLIC LAW 96-102—NOV. 5, 1979 
42 u s e 8511. 
Trauismittal to 
Congress. 
"State base 
period 
consumption." 
Publication in 
Federal 
Regllster. 
Part A—Emergency Energy Conservation Program 
SEC. 211. NATIONAL AND STATE EMERGENCY CONSERVATION TARGETS. 
(a) DETERMINATION AND PUBLICATION OF TARGETS.—(1) Whenever 
the President finds, with respect to any energy source for which the 
President determines a severe energy supply interruption exists or is 
imminent or that actions to restrain domestic energy demand are 
required in order to fulfill the obligations of the United States under 
the international energy program, the President, in furtherance of 
the purposes of this title, may establish monthly emergency conserva-
tion targets for any such energy source for the Nation generally and 
for each State. 
(2) Any finding of the President under paragraph (1) shall be 
promptly transmitted to the Congress, accompanied by such informa-
tion and analysis as is necessary to provide the basis for such finding, 
and shall be disseminated to the public. 
(3)(A) The State conservation target for any energy source shall be 
equal to (i) the State base period consumption reduced by (ii) a 
uniform national percentage. 
(B) For the purposes of this subsection, the term "State base period 
consumption' means, for any month, the product of the following 
factors, as determined by the President: 
(i) the consumption of the energy source for which a target is 
established during the corresponding month in the 12-month 
period prior to the first month for which the target is established; 
and 
(ii) a growth adjustment factor, which shall be determined on 
the basis of the trends in the use in that State of such energy 
source during the 36-month period prior to the first month for 
which the target is established. 
(C)(i) The President shall adjust, to the extent he determines 
necessary, any State base period consumption to insure that achieve-
ment of a target established for that State under this subsection will 
not impair the attainment of the objectives of section 4(b)(1) of the 
Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 753(b)(1)). 
(ii) The President may, to the extent he determines appropriate, 
further adjust any State base period consumption to reflect— 
(I) reduction in energy consumption already achieved by 
energy conservation programs; 
(II) energy shortages which may affect energy consumption; 
and 
(III) variations in weather from seasonal norms. 
(D) For purposes of this subsection, the uniform national percent-
age shall be designed by the President to minimize the impact on the 
domestic economy of the projected shortage in the energy source for 
which a target is established by saving an amount of such energy 
source equivalent to the projected shortage, taking into consideration 
such other factors related to that shortage as the President considers 
appropriate. 
(b) NOTIFICATION AND PUBUCATION OF TARGETS.—The President 
shall notify the Governor of each State of each target established 
under subsection (a) for that State, and shall publish in the Federal 
Register, the targets, the base period consumption for each State and 
other data on which the targets are based, and the factors considered 
under subsection (aX3). 
(c) ESTABUSHMENT OP TARGETS FOR FEDERAL AGENCIES.—In connec-
tion with the establishment of any national target under subsection 
(a) the President shall make effective an emergency energy conserva-
tion plgin for the Federal Government, which plan shall be designed 
PUBLIC LAW 96-102—NOV. 5, 1979 
93 STAT. 759 
Transmittal to 
Congress. 
to achieve an equal or greater reduction in use of the energy source 
for which a target is established than the national percentage 
referred to in subsection (a)(3)(D). Such plan shall contain measures 
which the President will implement, in accordance with other appli-
cable provisions of law, to reduce on an emergency basis the use of 
energy by the Federal Government. In developing such plan the 
President shall consider the potential for emergency reductions in 
energy use— 
(1) by buildings, facilities, and equipment owned, leased, or 
under contract by the Federal Government; and 
(2) by Federal employees and officials through increased use of 
car and van pooling, preferential parking for multipassenger 
vehicles, and greater use of mass transit. 
(d) REVIEW OF TARGETS.—(1) From time to time, the President shall 
review and, consistent with subsection (a), modify to the extent the 
President considers appropriate the national and State energy con-
servation targets established under this subsection. 
(2) Any modification under this paragraph shall be accompanied by 
such information and analysis as is necessary to provide the basis 
therefor and shall be available to the Congress and the public. 
(3)(A) Before the end of the 12th month following the establishment 
of any conservation target under this section, and annually thereaf-
ter while such target is in effect, the President shall determine, for 
the energy source for which that target was established, whether a 
severe energy supply interruption exists or is imminent or that 
actions to restrain domestic energy demand are required in order to 
fulfill the obligations of the United States under the international 
energy program. The President shall transmit to the Congress and 
make public the information and other data on which any determina-
tion under this subparagraph is based. 
(B) If the President determines such an energy supply interruption 
does not exist or is not imminent or such actions are not required, the 
conservation targets established under this section with respect to 
such energy source shall cease to be effective. 
(e) DETERMINATION AND PUBLICATION OF ACTUAL CONSUMPTION 
NATIONALLY AND STATE-BY-STATE.—Each month the Secretary shall 
determine and publish in the Federal Register (1) the level of 
consumption for the most recent month for which the President 
determines accurate data is available, nationally and for each State, 
of any energy source for which a target under subsection (a) is in 
effect, and (2) whether the targets under subsection (a) have been 
substantially met or are likely to be met. 
(f) PRESIDENTIAL AUTHORITY NOT TO BE DELEGATED.—Notwith-
standing any other provision of law, the authority vested in the 
President under this section may not be delegated. 
SEC. 212. STATE EMERGENCY CONSERVATION PLAN. 
(a) STATE EMERGENCY CONSERVATION PLANS.—(1)(A) Not later than 42 use 8512. 
45 days after the date of the publication of an energy conservation 
target for a State under section 211(b), the Governor of that State 
shall submit to the Secretary a State emergency conservation plan 
designed to meet or exceed the emergency conservation target in 
effect for that State under section 211(a). Such plan shall contain 
such information as the Secretary may reasonably require. At any 
time, the Governor may, with the approval of the Secretary, amend a 
plan established under this section. 
(B) The Secretary may, for good cause shown, extend to a specific Publication in 
date the period for the submission of any State's plan under subpara- R ^ ^ ^ ^ 
Publication in 
Federal 
Register. 
93 STAT. 760 
PUBLIC LAW 96-102—NOV. 5,1979 
graph (A) if the Secretary publishes in the Federal Register notice of 
that extension together with the reasons therefor. 
(2) Each State is encouraged to submit to the Secretary a State 
emergency conservation plan as soon as possible after the date of the 
enactment of this Act and in advance of such publication of any such 
target. The Secretary may tentatively approve such a plan in accord-
ance with the provisions of this section. For the purposes of this part 
such tentative approval shall not be construed to result in a delega-
tion of Federal authority to administer or enforce any measure 
contained in a State plan. 
(b) CONSERVATION MEASURES UNDER STATE PLANS.—(1) Each State 
emergency conservation plan under this section shall provide for 
emergency reduction in the public and private use of each energy 
source for which an emergency conservation target is in effect under 
section 211. Such State plan shall contain adequate assurances that 
measures contained therein will be effectively implemented in that 
State. Such plan may provide for reduced use of that energy source 
through voluntary programs or through the application of one or 
more of the following measures described in such plan: 
(A) measures which are authorized under the laws of that State 
and which will be administered and enforced by officers and 
employees of the State (or political subdivisions of the State) 
pursuant to the laws of such State (or political subdivisions); and 
(B) measures— 
(i) which the Governor requests, and agrees to assume, the 
responsibility for administration and enforcement in accord-
ance with subsection (d); 
(ii) which the attorney general of that State has found that 
(I) absent a delegation of authority under Federal law, the 
Governor lacks the authority under the laws of the State to 
invoke, (II) under applicable State law, the Governor and 
other appropriate State officers and employees are not 
prevented from administering and enforcing under a delega-
tion of authority pursuant to Federal law; and (III) if imple-
mented, would not be contrary to State law; and 
(iii) which either the Secretary determines are con-
tEiined in the standby Federal conservation plan established 
under section 213 or are approved by the Secretary, in his 
discretion. 
(2) In the preparation of such plan (and any amendment to the 
plan) the Governor shall, to the maximum extent practicable, provide 
for consultation with representatives of affected businesses and local 
governments and provide an opportunity for public comment. 
(3) Any State plan submitted to the Secretary under this section 
may permit persons affected by any measure in such plan to use 
alternative means of conserving at least as much energy as would be 
conserved by such measure. Such plan shall provide an effective 
procedure, as determined by the Secretary, for the approval and 
enforcement of such alternative means by such State or by any 
political subdivision of such State. 
(c) APPROVAL OF STATE PLANS.—(1) As soon as practicable after the 
date of the receipt of any State plan, but in no event later than 30 
days after such date, the Secretary shall review such plan and shall 
approve it unless the Secretary finds— 
(A) that, taken as a whole, the plan is not likely to achieve the 
emergency conservation target established for that State under 
section 211(a) for each energy source involved, 
(B) that, taken as a whole, the plan is likely to impose an 
unreasonably disproportionate share of the burden of restric-
PUBLIC LAW 96-102—NOV. 5,1979 
93 STAT. 761 
tions of energy use on any specific class of industry, business, or 
commercial enterprise, or any individual segment thereof, 
(C) that the requirements of this part regarding the plan have 
not been met, or 
(D) that a measure described in subsection (b)(1) is— 
(i) inconsistent with any otherwise applicable Federal law 
(including any rule or regulation under such law), 
(ii) an undue burden on interstate commerce, or 
(iii) a tax, tariff, or user fee not authorized by State law. 
(2) Any measure contained in a State plan shall become effective in 
that State on the date the Secretary approves the plan under this 
subsection or such later date as may be prescribed in, or pursuant to, 
the plan. 
(d) STATE ADMINISTRATION AND ENFORCEMENT.—(1) The authority 
to administer and enforce any measure described in subsection 
(bXl)(B) which is in a State plan approved under this section is hereby 
delegated to the Governor of the State and the other State and local 
officers and employees designated by the Governor. Such authority 
includes the authority to institute actions on behalf of the United 
States for the imposition and collection of civil penalties under 
subsection (e). 
(2) All delegation of authority under paragraph (1) with respect to 
any State shall be considered revoked effective upon a determination 
by the President that such delegation should be revoked, but only to 
the extent of that determination. 
(3) If at any time the conditions of subsection (b)(l)(B)(ii) are no Statement to 
longer satisfied in any State with respect to any measure for which a S^J® j'ii"^ ^^^ 
delegation has been made under paragraph (1), the attorney general 
of that State shall transmit a written statement to that effect to the 
Governor of that State and to the President. Such delegation shall be 
considered revoked effective upon receipt by the President of such 
written statement and a determination by the President that such 
conditions are no longer satisfied, but only to the extent of that 
determination and consistent 
with 
such 
attorney 
general's 
statement. 
(4) Any revocation under paragraph (2) or (3) shall not affect any 
action or pending proceedings, administrative or civil, not finally 
determined on the date of such revocation, nor any administrative or 
civil action or proceeding, whether or not pending, based upon any 
act committed or liability incurred prior to such revocation. 
(e) CIVIL PENALTY.—(1) Whoever violates the requirements of any 
measure described in subsection (b)(1)(B) which is in a State plan in 
effect under this section shall be subject to a civil penalty of not to 
exceed $1,000 for each violation. 
(2) Any penalty under paragraph (1) may be assessed by the court in 
any action brought in any appropriate United States district court or 
any other court of competent jurisdiction. Except to the extent 
provided in par^raph (3), any such penalty collected shall be 
deposited into the general fund of the United States Treasury as 
miscellaneous receipts. 
(3) The Secretary may enter into an agreement with the Governor 
of any State under which amounts collected pursuant to this subsec-
tion may be collected and retained by the State to the extent 
necessary to cover costs incurred by that State in connection with the 
administration and enforcement of measures the authority for which 
is delegated under subsection (d). 
President. 
93 STAT. 762 
PUBLIC LAW 96-102—NOV. 5, 1979 
SEC. 213. STANDBY FEDERAL CONSERVATION PLAN. 
42 use 8513. 
(a) ESTABLISHMENT OF STANDBY CONSERVATON PLAN.—(1) Within 90 
days after the date of the enactment of this part, the Secretary, in 
accordance with section 501 of the Department of Energy Organiza-
tion Act (42 U.S.C. 7191), shall establish a standby Federal emergency 
conservation plan. The Secretary may amend such plan at any time, 
and shall make such amendmente public upon their adoption. 
(2) The plan under this section shall be consistent with the 
attainment of the objectives of section 4(b)(1) of the Emergency 
Petroleum Allocation Act of 1973 (15 U.S.C. 753(bXl)), and shall 
provide for the emergency reduction in the public and private use of 
each energy source for which an emergency conservation target is in 
effect or may be in effect under section 211. 
(b) IMPLEMENTATION OP STANDBY CONSERVATION PLAN.—(1) If the 
President finds— 
(A) after a reasonable period of operation, but not less than 90 
days, that a State emergency conservation plan approved and 
implemented under section 212 is not substantially meeting a 
conservation target established under section 211(a) for such 
State and it is likely that such target will continue to be unmet; 
and 
(B) a shortage exists or is likely to exist in such State for the 60-
day period beginning after such finding that is equal to or greater 
than 8 percent of the projected normal demand, as determined by 
the President, for £m energy source for which such conservation 
target has been established under section 211(a); 
then the President shall, after consultation with the Governor of such 
State, make effective in such State all or any part of the standby 
Federal conservation plan established under subsection (a) for such 
period or periods as the President determines appropriate to achieve 
the target in that State. 
(2) If the President finds after a reasonable period of time, that the 
conservation target established under section 211(a) is not being 
substantially met and it is likely that such target will continue to be 
unmet in a State which— 
(A) has no emergency conservation plan approved under sec-
tion 212; or 
(B) the President finds has substantially failed to carry out the 
assurances regarding implementation set forth in the plan 
approved under section 212, 
then the President sheill, after consultation with the Governor of such 
State, make effective in such State all or any part of the standby 
Federal conservation plan established under subsection (a) for such 
period or periods as the President determines appropriate to achieve 
the target in that State. 
(c) BASIS FOR FINDINGS.—Any finding under subsection (b) shall be 
accompanied by such information and analysis as is necessary to 
provide a basis therefor and shall be available to the Congress and the 
public. 
(d) SUBMISSION OF STATE EMERGENCY CONSERVATION PLAN.—(1) The 
Governor of a State in which all or any portion of the standby Federal 
conservation plan is or will be in effect may submit at any time a 
State emergency conservation plan, and if it is approved under 
section 212(c), all or such portion of the standby Federal conservation 
plan shall cease to be effective in that State. Nothing in this 
paragraph shall affect any action or pending proceedings, adminis-
trative or civil, not finally determined on such date, nor any adminis-
trative or civil action or proceeding, whether or not pending, based 
PUBLIC LAW 96-102—NOV. 5, 1979 
93 STAT. 763 
upon any act committed or liability incurred prior to such cessation 
of effectiveness. 
(e) STATE SUBSTITUTE EMERGENCY CONSERVATION MEASURES.—(1) 
After the President makes all or any part of the standby Federal 
conservation plan effective in any State or political subdivision under 
subsection (b), the Secretary shall provide procedures whereby such 
State or any political subdivision thereof may submit to the Secretary 
for approval one or more measures under authority of State or local 
law to be implemented by such State or political subdivision and to be 
substituted for any Federal measure in the Federal plan. The meas-
ures may include provisions whereby persons affected by such Fed-
eral measure are permitted to use alternative means of conserving at 
least as much energy £is would be conserved by such Federal measure. 
Such measures shall provide effective procedures, as determined by 
the Secretary, for the approval and enforcement of such alternative 
means by such State or by any political subdivision thereof. 
(2) The Secretary may approve the measures under paragraph (1) if 
he finds— 
(A) that such measures when in effect will conserve at least as 
much energy as would be conserved by such Federal measure 
which would have otherwise been in effect in such State or 
political subdivision; 
(B) such measures otherwise meet the requirements of this 
paragraph; and 
(C) such measures would be approved under section 212(cXl) 
(B),(C),and(D). 
(3) If the Secretary approves measures under this subsection such 
Federal measure shall cease to be effective in that State or political 
subdivision. Nothing in this paragraph shall affect any action or 
pending proceedings, administrative or civil, not finally determined 
on the date the Federal measure ceases to be effective in that State or 
political subdivision, nor any administrative or civil action or pro-
ceeding, whether or not pending, based upon any act committed or 
liability incurred prior to such cessation of effectiveness. 
(4) If the Secretary finds after a reasonable period of time that the 
requirements of this subsection are not being met under the meas-
ures in effect under this subsection he may reimpose the Federal 
measure referred to in paragraph (1). 
(f) STATE AUTHORITY TO ADMINISTER PLAN.—At the request of the 
Governor of any State, the President may provide that the adminis-
tration and enforcement of all or a portion of the standby Federal 
conservation plan made effective in that State under subsection (b) be 
in accordance with section 212(d) (1), (2), and (4). 
(g) PRESIDENTIAL AUTHORITY NOT TO BE DELEGATED.—Notwith-
standing any other provision of law (other than subsection (f)), the 
authority vested in the President under this section may not be 
delegated. 
(h) REQUIREMENTS OF PLAN.—The plan established under subsec-
tion (a) shall— 
(1) taken as a whole, be designed so that the plan, if imple-
mented, would be likely to achieve the emergency conservation 
target under section 211 for which it would be implemented, 
(2) taken as a whole, be designed so as not to impose an 
unreasonably disproportionate share of the burden of restric-
tions on energy use on any specific class of industry, business, or 
commercial enterprise, or any individual segment thereof, and 
(3) not contain any measure which the Secretary finds— 
(A) is inconsistent with any otherwise applicable Federal 
law (including any rule or regulation under such law), 
93 STAT. 764 
PUBLIC LAW 96-102—NOV. 5, 1979 
(B) is an undue burden on interstate commerce, 
(C) is a tax, tariff, or user fee, or 
(D) is a program for the assignment of rights for end-user 
purchases of gasoline or diesel fuel, as described in section 
203(a)(1) (A) and (B) of the Energy Policy and Conservation 
Act(42U.S.C.6263). 
(i) PLAN MAY NOT AUTHORIZE WEEKEND CLOSINGS OF RETAIL GASO-
LINE STATIONS.—(1) Except as provided in paragraph (2), the plan 
established under subsection (a) may not provide for the restriction of 
hours of sale of motor fuel at retail at any time between Friday noon 
and Sunday midnight. 
(2) Paragraph (1) shall not preclude the restriction on such hours of 
sale if that restriction occurs in connection with a program for 
restricting hours of sale of motor fuel each day of the week on a 
rotating basis. 
(j) CIVIL PENALTIES.—(1) Whoever violates the requirements of such 
a plan implemented under subsection O
t
>
) shall be subject to a civil 
penalty not to exceed $1,000 for each violation. 
(2) Any penalty under paragraph (1) may be assessed by the court in 
any action brought in any appropriate United States district court or 
any other court of competent jurisdiction. Except to the extent 
provided under paragraph (3), any such penalty collected shall be 
deposited into the general fund of the United States Treasury as 
miscellaneous receipts. 
(3) The Secretary may enter into an agreement with the Governor 
of any State under which amounts collected pursuant to this subsec-
tion may be collected and retained by the State to the extent 
necessary to cover costs incurred by that State in connection with the 
administration and enforcement of that portion of the standby 
Federal conservation plan for which authority is delegated to that 
State under subsection (f). 
SEC. 214. JUDICIAL REVIEW. 
42 use 8514. 
(a) STATE ACTIONS.—(1) Any State may institute an action in the 
appropriate district court of the United States, including actions for 
declaratory judgment, for judicial review of— 
(A) any target established by the President under section 
211(a); 
(B) any finding by the President under section 213(b)(1)(A), 
relating to the achievement of the emergency energy conserva-
tion target of such State, or 213(b)(2), relating to the achievement 
of the emergency energy conservation target of such State or the 
failure to carry out the assurances regarding implementation 
contained in an approved plan of such State; or 
(C) any determination by the Secretary disapproving a State 
plan under section 212(c), including any determination by the 
Secretary under section 212(c)(1)(B) that the plan is likely to 
impose an unreasonably disproportionate share of the burden of 
restrictions of energy use on any specific class of industry, 
business, or commercial enterprise, or any individual segment 
thereof. 
Such action shall be barred unless it is instituted within 30 calendar 
days after the date of publication of the establishment of a target 
referred to in subparagraph (A), the finding by the President referred 
to in subparagraph (B), or the determination by the Secretary 
referred to in subparagraph (C), as the case may be. 
(2) The district court shall determine the questions of law and upon 
such determination certify such questions immediately to the United 
PUBLIC LAW 96-102—NOV. 5, 1979 
93 STAT. 765 
States court of appeals for the circuit involved, which shall hear the 
matter sitting en banc. 
(3) Any decision by such court of appeals on a matter certified 
under paragraph (2) shall be reviewable by the Supreme Court upon 
attainment of a writ of certiorari. Any petition for such a writ shall be 
filed no later than 20 days after the decision of the court of 
appeals. 
(b) COURT OF APPEALS DOCKET.—It shall be the duty of the court of 
appeals to advance on the docket and to expedite to the greatest 
possible extent the disposition of any matter certified under subsec-
tion (a)(2). 
(c) INJUNCTIVE RELIEF.—With respect to judicial review under 
subsection (a)(1)(A), the court shall not have jurisdiction to grant any 
injunctive relief except in conjunction with a final judgment entered 
in the case. 
SEC. 215. REPORTS. 
(a) MONITORING.—The Secretary shall monitor the implementation 42 use 8515. 
of State emergency conservation plans and of the standby Federal 
conservation plan and make such recommendations to the Governor 
of each affected State as he deems appropriate for modification to 
such plans. 
(b) ANNUAL REPORT.—The President shall report annually to the 
Congress on any activities undertaken pursuant to this part and 
include in such report his estimate of the energy saved in each State 
and the performance of such State in relation to this part. Such 
report shall contain such recommendations as the President consid-
ers appropriate. 
Part B—Other Automobile Fuel Purchase Measures 
SEC. 221. MINIMUM AUTOMOBILE FUEL PURCHASES. 
(a) GENERAL RULE.—If the provisions of this subsection are made 42 use 8521. 
applicable under subsection (c), no person shall purchase motor fuel 
from a motor fuel retailer in any transaction for use in any auto-
mobile or other vehicle unless— 
(1) the price for the quantity purchased and placed into the fuel 
tank of that vehicle equals or exceeds $5.00; or 
(2) in any case in which the amount paid for the quantity of 
motor fuel necessary to fill the fuel tank of that vehicle to 
capacity is less than $5.00, such person pays to the retailer an 
additional amount so that the total amount paid in that transac-
tion equals $5.00. 
Any person selling motor fuel in transactions to which the provisions 
of this subsection apply shall display at the point of sale notice of such 
provisions in accordance with regulations prescribed by the 
Secretary. 
Ob) $7.00 To BE APPUCABLE IN THE CASE OF 8-CYUNDER VEHICLES.— 
In applying subsection (a) in the case of any vehicle with an engine 
having 8 cylinders (or more), "$7.00" shall be substituted for "$5.00". 
(c) APPUCABIUTY.—(1) Unless applicable pursuant to paragraph (2), 
the requirements of subsection (a) shall apply in any State and shall 
be administered and enforced as provided in subsection (g) only if^ 
(A) the Governor of that State submits a request to the 
Secretary to have such requirements applicable in that State; 
and 
(B) the attorney general of that State has found that (i) absent 
a delegation of authority under a Federal law, the Governor 
lacks the authority under the laws of the State to invoke 
93 STAT. 766 
PUBLIC LAW 96-102—NOV. 5, 1979 
comparable requirements, (ii) under applicable State law, the 
Governor and other appropriate State officers and employees are 
not prevented from administering and enforcing such require-
ments under a delegation of authority pursuant to Federal law, 
and (iii) if implemented such requirements would not be contrary 
to State law. 
Subject to paragraph (2), such provisions shall cease to apply in any 
State if the Governor of the State withdraws any request under 
subparagraph (A). 
(2) The requirements of subsection (a) shall apply in every State if 
there is in effect a finding by the President that nationwide imple-
mentation of such requirements would be appropriate and consistent 
with the purposes of this title. 
Publication in 
(3) Such requirements shall take effect in any State beginning on 
S^^^^j. 
the 5th day after the Secretary or the President (as the case may be) 
^*^ ^' 
publishes notice in the Federal Register of the applicability of the 
requirements to the State pursuant to paragraph (1) or (2). 
(4) Notwithstanding any other provision of law, the authority 
vested in the President under paragraph (2) may not be delegated. 
(d) EXEMPTIONS.—The requirements of subsection (a) shall not 
apply to any motorcycle or motorpowered bicycle, or to any compara-
ble vehicle as may be determined by the Secretary by regulation. 
(e) ADJUSTMENT OF MINIMUM LEVEI^.—The Secretary may increase 
the $5.00 and $7.00 amounts specified in subsections (a) and (b) if the 
Secretary considers it appropriate. Adjustments under this subsec-
tion shall be only in even dollar amounts. 
(f) CIVIL PENALTIES.—(1) Whoever violates the requirements of 
subsection (a) shall be subject to a civil penalty of not to exceed $100 
for each violation. 
(2) Any penalty under paragraph (1) may be assessed by the court in 
any action under this section brought in any appropriate United 
States district court or any other court of competent jurisdiction. 
Except to the extent provided in paragraph (3), any such penalty 
collected shall be deposited into the general fund of the United States 
Treasury as miscellaneous receipts. 
(3) The Secretary may enter into an agreement with the Governor 
of any State under which amounts collected pursuant to this subsec-
tion may be collected and retained by the State to the extent 
necessary to cover costs incurred by that State in connection with the 
administration and enforcement of the requirements of subsection (a) 
the authority for which is delegated under subsection (g). 
(g) ADMINISTRATION AND ENFORCEMENT DELEGATED TO STATES.—(1) 
There is hereby delegated to the Governor of any State, and other 
State and local officers and employees designated by the Governor, 
the authority to administer and enforce, within that State, any 
provision of this part which is to be administered and enforced in 
accordance with this section. Such authority includes the authority to 
institute actions on behalf of the United States for the imposition and 
collection of civil penalties under subsection (f). 
(2XA) All delegation of authority under paragraph (1) with respect 
to any State shall be considered revoked effective (i) upon the receipt 
of a written waiver of authority signed by the Governor of such State 
or (ii) upon a determination by the President that such delegation 
should be revoked, but only to the extent of that determination. 
(B) If at any time the conditions of subsection (cXlXB) are no longer 
satisfied in any State to which a delegation has been made under 
paragraph (1), the attorney general of that State shall transmit a 
written statement to that effect to the Governor of that State and to 
the President. Such delegation shall be considered revoked effective 
PUBLIC LAW 96-102—NOV. 5, 1979 
93 STAT. 767 
upon receipt by the President of such written statement and a 
determination by the President that such conditions are no longer 
satisfied, but only to the extent of that determination and consistent 
with such attorney general's statement. 
(C) Any revocation under subparagraph (A) or (B) shall not affect 
any action or pending proceedings, administrative or civil, not finally 
determined on the date of such revocation, nor any administrative or 
civil action or proceeding, whether or not pending, based on any act 
committed or liability incurred prior to such revocation. 
(D) The Secretary shall administer and enforce any provision of 
this part which has been made effective under subsection (c)(2) and 
for which a delegation of authority is considered revoked under 
subparagraph (A). 
(h) COORDINATION WITH OTHER LAW.—The charging and collecting 
of amounts referred to in subsection (a)(2) under the requirements of 
subsection (a), or similar amounts collected under comparable re-
quirements under any State law, shall not be considered a violation 
of— 
(1) the Emergency Petroleum Allocation Act of 1973 or any 15 use 751 note, 
regulation thereunder; or 
(2) any Federal or State law requiring the labeling or disclo-
sure of the maximum price per gallon of any fuel. 
SEC. 222. OUT-OF-STATE VEHICLES TO BE EXEMPTED FROM ODD-EVEN 
MOTOR FUEL PURCHASE RESTRICTIONS. 
(a) GENERAL RULE.—Notwithstanding any provision of any Fed- 42 USC 8522. 
eral, State, or local law, any odd-even fuel purchase plan in effect in 
any State may not prohibit the sale of motor fuel to any person for use 
in a vehicle bearing a license plate issued by any authority other than 
that State or a State contiguous to that State. 
(b) DEFINITIONS.—For purposes of this section the term "odd-even 
fuel purchase plan" means any motor fuel sales restriction under 
which a person may purchase motor fuel for use in any vehicle only 
on days (or other periods of time) determined on the basis of a number 
or letter appearing on the license plate of that vehicle (or on any 
similar basis). 
Part C—Building Temperature Restrictions 
SEC. 231. AMENDMENT TO ENERGY POLICY AND CONSERVATION ACT. 
Section 202 of the Energy Policy and Conservation Act (42 U.S.C. 
6262) is amended by adding at the end thereof the following new 
subsection: 
"(d)(1) In the case of an energy conservation contingency plan that 
regulates building temperatures, any State or political subdivision 
thereof may submit to the President a comparable plan, as described 
in subsection (b)(1), and include in such plan procedures permitting 
any person affected by such contingency plan to use alternative 
means of conserving at lesist as much energy in affected buildings as 
would be conserved by the energy conservation contingency plan that 
regulates building temperatures. Such plan shall include effective 
procedures for the approval and enforcement of such alternative 
plans by such State or such political subdivision thereof. 
"(2) The alternative plan under paragraph (1) need not conserve 
energy in the same fashion as the energy conservation contingency 
plan that regulates building temperatures. 
"(3) Nothing in this subsection shall preclude any political subdivi-
sion of a State from applying directly to the President for approval of 
a comparable plan under paragraph (1).". 
93 STAT. 768 
PUBLIC LAW 96-102—NOV. 5, 1979 
SEC. 241. STUDIES. 
Part D—Studies 
Report to 
Congress. 
42 use 8531. 
42 u s e 8532. 
Reports to 
Congress. 
"Middle 
distillate.' 
Report to 
Congress. 
15 use 760a. 
(a) STUDY OF COMMERCIAL AND INDUSTRIAL STORAGE OF FUEL.—Not 
later than 180 days after the date of the enactment of this part, the 
Secretary shall conduct a study and report to the Congress regarding 
the commercial and industrial storage of gasoline and middle distil-
lates (other than storage in facilities which have capacities of less 
than 500 gallons or storage used exclusively and directly for agricul-
tural, residential, petroleum refining, or pipeline transportation 
purposes). 
0)) CONTENTS OF REPORT.—Such report shall— 
(1) indicate to what extent storage activities have increased 
since November 1, 1978, and what business establishments 
(including utilities) have been involved; 
(2) the estimated amount of gasoline and middle distillates (in 
the aggregate and by type and region) which are in storage 
within the United States at the time of the study, the amounts 
which were in storage at the same time during the calendar year 
preceding the study, and the purposes for which such storage is 
maintained; and 
(3) contain such findings and recommendations for legislation 
and administrative action as the Secretary considers appropri-
ate, including recommendations for improving the availability 
and quality of data concerning such storage. 
SEC. 242. MIDDLE DISTILLATE MONITORING PROGRAM. 
(a) MONITORING PROGRAM.—(1) Not later than 60 days after the 
date of the enactment of this Act, the Secretary shall establish and 
maintain a data collection program for monitoring, at the refining, 
wholesale, and retail levels, the supply and demand levels of middle 
distillates on a periodic basis in each State. 
(2) The program to be established under paragraph (1) shall provide 
for— 
(A) the prompt collection of relevant demand and supply data 
under the authority available to the Secretary under other law; 
and 
(B) the submission to Congress of periodic reports each contain-
ing a concise narrative analysis of the most recent data which the 
Secretary determines are accurate, and a discussion on a State-
by-State basis of trends in such data which the Secretary deter-
mines are significant. 
(3) All data and information collected under this program shall be 
available to the Congress and committees of the (Jongress, and, in 
accordance with otherwise applicable law, to appropriate State and 
Federal agencies and the public. 
(4) Nothing in this subsection authorizes the direct or indirect 
regulation of the price of any middle distillate. 
(5) For purposes of this section, the term "middle distillate" has the 
same meaning as given that term in section 211.51 of title 10, Code of 
Federal Regulations, as in effect on the date of the enactment of this 
section. 
(b) REPORT.—Before December 31,1979, the President shall submit 
a report to Congress in which the President shall examine the middle 
distillate situation, summarizing the data, information, and analyses 
described in subsection (a) and discussing in detail matters required 
to be addressed in findings made pursuant to section 12(d)(1) of the 
Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 760(d)(1)). 
PUBLIC LAW 96-102—NOV. 5, 1979 
93 STAT. 769 
Part E—Administrative Provisions 
SEC. 251. ADMINISTRATION. 
(a) INFORMATION.—(1) The Secretary shall use the authority pro- 42 use 8541. 
vided under section 11 of the Energy Supply and Environmental 
Coordination Act of 1974 for the collection of such information as may 15 USC 796. 
be necessary for the enforcement of the provisions of parts A and B of 
this title. 
(2) In carrying out his responsibilities under this title, the Secre-
tary shall insure that timely and adequate information concerning 
the supplies, pricing, and distribution of motor fuels (and other 
energy sources which are the subject of targets in effect under section 
211) is obtained, analyzed, and made available to the public. Any 
Federal agency having responsibility for collection of such informa-
tion under any other authority shall cooperate fully in facilitating 
the collection of such information. 
(b) EFFECT ON OTHER LAWS.—No State law or State program in 
effect on the date of the enactment of this title, or which may become 
effective thereafter, shall be superseded by any provision of this title, 
or any rule, regulation, or order thereunder, except insofar as such 
State law or State program is in conflict with any such provision of 
section 213 or 221 (or any rule, regulation, or order under this part 
relating thereto) in any case in which measures have been imple-
mented in that State under the authority of section 213 or 221 (as the 
case may be). 
(c) TERMINATION.—(1) The provisions of parts A, B, D, and E of this 
title, including any actions taken thereunder, shall cease to have 
effect on July 1,1983. 
(2) Such expiration shall not affect any action or pending proceed-
ing, administrative or civil, not finally determined on such date, nor 
any administrative or civil action or proceeding, whether or not 
pending, based upon any act committed or liability incurred prior to 
such expiration date. 
TITLE III—GENERAL PROVISIONS 
SEC. 301. FUNDING FOR FISCAL YEARS 1979 AND 1980. 
For purposes of any law relating to appropriations or authoriza- 42 USC 8501 
tions for appropriations as such law relates to the fiscal year ending "°^-
September 30,1979, or the fiscal year ending September 30,1980, the 
provisions of this Act (including amendments made by this Act) shall 
be treated as if it were a contingency plan under section 202 or 203 of 
the Energy Policy and Conservation Act which was approved in 42 USC 6262, 
accordance with the procedures under that Act or as otherwise ^263. 
provided by law, and funds made available pursuant to such appro-
priations shall be available to carry out the provisions of this Act and 
the amendments made by this Act. 
59-194 O — 81 
51 : QU 
93 STAT. 770 
PUBLIC LAW 96-102—NOV. 5, 1979 
SEC. 302. EFFECnriVE DATE. 
^ 
42 use 6261 
The amendments made by this Act shall take effect on the date of 
"
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*
*
® 
the enactment of this Act. 
Approved November 5,1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-373 (Coram, on Interstate and Foreign Commerce) and No. 
96-516 (Coram, of Conference). 
SENATE REPORTS: No. 96-117 (Coram, on Energy and Natural Resources) and No. 
96-366 (Coram, of Conference). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
June 5, considered and passed Senate. 
July 25, 31, Aug. 1, considered and passed House, amended. 
Oct. 17, Senate agreed to conference report. 
Oct. 23, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 45: 
Nov. 5, Presidential statement.