
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-469 Section 103(19)]
[CITE: 42USC6247]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER I--DOMESTIC SUPPLY AVAILABILITY
 
                   Part B--Strategic Petroleum Reserve
 
Sec. 6247. SPR Petroleum Account


(a) Establishment

    The Secretary of the Treasury shall establish in the Treasury of the 
United States an account to be known as the ``SPR Petroleum Account'' 
(hereinafter in this section referred to as the ``Account'').

(b) Obligation of funds for acquisition, transportation, and injection 
        of petroleum products into SPR

    Amounts in the Account may be obligated by the Secretary of Energy 
for the acquisition, transportation, and injection of petroleum products 
into the Strategic Petroleum Reserve, and the drawdown and delivery of 
petroleum products from the Reserve--
        (1) in the case of fiscal year 1982, in an aggregate amount, not 
    to exceed $3,900,000,000, as may be provided in advance in 
    appropriation Acts;
        (2) in the case of any fiscal year after fiscal year 1982, 
    subject to section 7270 of this title, in such aggregate amounts as 
    may be appropriated in advance in appropriation Acts; and
        (3) in the case of any fiscal year, notwithstanding section 7270 
    of this title, in an aggregate amount equal to the aggregate amount 
    of the receipts to the United States from the sale of petroleum 
    products in any drawdown and distribution of the Strategic Petroleum 
    Reserve under section 6241 of this title, including a drawdown and 
    distribution carried out under subsection (g) of such section, or 
    from the sale of petroleum products under section 6240(f) of this 
    title.

Funds available to the Secretary of Energy for obligation under this 
subsection may remain available without fiscal year limitation.

(c) Provision and deposit of funds

    The Secretary of the Treasury shall provide and deposit into the 
Account such sums as may be necessary to meet obligations of the 
Secretary of Energy under subsection (b) of this section.

(d) Off-budgeting procedures

    The Account, the deposits and withdrawals from the Account, and the 
transactions, receipts, obligations, outlays associated with such 
deposits and withdrawals (including petroleum product purchases and 
related transactions), and receipts to the United States from the sale 
of petroleum products in any drawdown and distribution of the Strategic 
Petroleum Reserve under section 6241 of this title, including a drawdown 
and distribution carried out under subsection (g) of such section, and 
from the sale of petroleum products under section 6240(f) of this 
title--
        (1) shall not be included in the totals of the budget of the 
    United States Government and shall be exempt from any general 
    limitation imposed by statute on expenditures and net lending 
    (budget outlays) of the United States; and
        (2) shall not be deemed to be budget authority, spending 
    authority, budget outlays, or Federal revenues for purposes of title 
    III of Public Law 93-344, as amended [2 U.S.C. 631 et seq.].

(e) Interim storage facilities

    (1) Except as provided in paragraph (2), nothing in this part shall 
be construed to limit the Account from being used to meet expenses 
relating to interim storage facilities for the storage of petroleum 
products for the Strategic Petroleum Reserve.
    (2) In any fiscal year, amounts in the Account may not be obligated 
for expenses relating to interim storage facilities in excess of 10 
percent of the total amounts in the Account obligated in such fiscal 
year. If the amount obligated in any fiscal year for interim storage 
expenses is less than the amount of the 10-percent limit under the 
preceding sentence for that fiscal year, then the amount of the 10-
percent limit applicable in the following fiscal year shall be increased 
by the amount by which the limit exceeded the amount obligated for such 
expenses.

(Pub. L. 94-163, title I, Sec. 167, as added Pub. L. 97-35, title X, 
Sec. 1034(a)(1), Aug. 13, 1981, 95 Stat. 619; amended Pub. L. 97-229, 
Sec. 4(b)(2)(A), Aug. 3, 1982, 96 Stat. 251; Pub. L. 99-58, title I, 
Sec. 103(b)(3), (4), July 2, 1985, 99 Stat. 104; Pub. L. 101-383, 
Sec. 5(b)(1), (2), Sept. 15, 1990, 104 Stat. 729; Pub. L. 102-486, title 
XIV, Sec. 1404(b)(1), Oct. 24, 1992, 106 Stat. 2995.)

                       References in Text

    Public Law 93-344, as amended, referred to in subsec. (d)(2), is 
Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, known as the 
Congressional Budget and Impoundment Control Act of 1974. Title III of 
that Act is classified generally to subchapter I (Sec. 631 et seq.) of 
chapter 17A of Title 2, The Congress. For complete classification of 
this Act to the Code, see Short Title note set out under section 621 of 
Title 2 and Tables.


                               Amendments

    1992--Subsec. (d). Pub. L. 102-486 substituted ``under subsection 
(g)'' for ``subsection (g)''.
    1990--Subsec. (b)(3). Pub. L. 101-383, Sec. 5(b)(1), inserted before 
period at end ``, or from the sale of petroleum products under section 
6240(f) of this title''.
    Subsec. (d). Pub. L. 101-383, Sec. 5(b)(2), inserted ``, and from 
the sale of petroleum products under section 6240(f) of this title'' 
after ``subsection (g) of such section''.
    1985--Subsec. (b)(3). Pub. L. 99-58, Sec. 103(b)(3), inserted ``, 
including a drawdown and distribution carried out under subsection (g) 
of such section'' after ``section 6241 of this title''.
    Subsec. (d). Pub. L. 99-58, Sec. 103(b)(4), inserted ``, including a 
drawdown and distribution carried out subsection (g) of such section'' 
after ``section 6241 of this title'' in provisions preceding par. (1).
    1982--Subsec. (e). Pub. L. 97-229 added subsec. (e).


                             Effective Date

    Section effective Aug. 13, 1981, see section 1038 of Pub. L. 97-35, 
set out as an Effective Date of 1981 Amendment note under section 6240 
of this title.


    Transfer of Funds to SPR Petroleum Account for Drawdown and Sale 
                               Operations

    Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title II], Nov. 29, 1999, 
113 Stat. 1535, 1501A-180, provided in part: ``That the Secretary of 
Energy hereafter may transfer to the SPR Petroleum Account such funds as 
may be necessary to carry out drawdown and sale operations of the 
Strategic Petroleum Reserve initiated under section 161 of the Energy 
Policy and Conservation Act (42 U.S.C. 6241) from any funds available to 
the Department of Energy under this or any other Act: Provided further, 
That all funds transferred pursuant to this authority must be 
replenished as promptly as possible from oil sale receipts pursuant to 
the drawdown and sale.''


  Acquisition, Transportation, and Injection of Petroleum Products for 
                    SPR; Applicability of Subsec. (d)

    Section 1034(c) of Pub. L. 97-35 provided that: ``The provisions of 
section 167(d) of such Act, as added by subsection (a) of this section 
[subsec. (d) of this section], shall apply with respect to the outlays 
associated with unexpended balances of appropriations made available and 
obligated as of the end of fiscal year 1981 for the acquisition, 
transportation, and injection of petroleum products for the Strategic 
Petroleum Reserve to the same extent and manner as such provisions apply 
with respect to withdrawals from the SPR Petroleum Account.''

                  Section Referred to in Other Sections

    This section is referred to in section 6240 of this title.
