42 U.S.C. § 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, for test sales of petroleum products from the Reserve, and for the drawdown, sale, and delivery of petroleum products from the Reserve—

(1)

Pub. L. 106–469, title I, § 103(19)(A)(ii)Nov. 9, 2000114 Stat. 2033 Repealed. , , ;

(2)

section 7270 of this title in the case of any fiscal year, subject to , in such aggregate amounts as may be appropriated in advance in appropriation Acts; and

(3)

section 7270 of this title section 6241 of this title section 6240(f) of this title in the case of any fiscal year, notwithstanding , 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 , including a drawdown and distribution carried out under subsection (g) of such section, or from the sale of petroleum products under .

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).

(d)

Off-budgeting procedures

section 6241 of this title section 6240(f) of this titleThe 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 , including a drawdown and distribution carried out under subsection (g) of such section, and from the sale of petroleum products under —

(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)

Public Law 93–344 2 U.S.C. 631 shall not be deemed to be budget authority, spending authority, budget outlays, or Federal revenues for purposes of title III of , as amended [ et seq.].

Pub. L. 94–163, title I, § 167 Pub. L. 97–35, title X, § 1034(a)(1)Aug. 13, 198195 Stat. 619 Pub. L. 97–229, § 4(b)(2)(A)Aug. 3, 198296 Stat. 251 Pub. L. 99–58, title I, § 103(b)(3)July 2, 198599 Stat. 104 Pub. L. 101–383, § 5(b)(1)Sept. 15, 1990104 Stat. 729 Pub. L. 102–486, title XIV, § 1404(b)(1)Oct. 24, 1992106 Stat. 2995 Pub. L. 106–469, title I, § 103(19)Nov. 9, 2000114 Stat. 2033(, as added , , ; amended , , ; , (4), , ; , (2), , ; , , ; , , .)

Editorial Notes

References in Text

Public Law 93–344 Pub. L. 93–344July 12, 197488 Stat. 297 section 621 of Title 2, as amended, referred to in subsec. (d)(2), is , , , known as the Congressional Budget and Impoundment Control Act of 1974. Title III of that Act is classified generally to subchapter I (§ 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 and Tables.

Amendments

Pub. L. 106–469, § 103(19)(A)(i)2000—Subsec. (b). , substituted “for test sales of petroleum products from the Reserve, and for the drawdown, sale,” for “and the drawdown” in introductory provisions.

Pub. L. 106–469, § 103(19)(A)(ii)Subsec. (b)(1). , struck out par. (1) which read as follows: “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;”.

Pub. L. 106–469, § 103(19)(A)(iii)Subsec. (b)(2). , struck out “after fiscal year 1982” after “any fiscal year”.

Pub. L. 106–469, § 103(19)(B)Subsec. (e). , struck out subsec. (e) which read as follows:

“(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. 102–4861992—Subsec. (d). substituted “under subsection (g)” for “subsection (g)”.

Pub. L. 101–383, § 5(b)(1)section 6240(f) of this title1990—Subsec. (b)(3). , inserted before period at end “, or from the sale of petroleum products under ”.

Pub. L. 101–383, § 5(b)(2)section 6240(f) of this titleSubsec. (d). , inserted “, and from the sale of petroleum products under ” after “subsection (g) of such section”.

Pub. L. 99–58, § 103(b)(3)section 6241 of this title1985—Subsec. (b)(3). , inserted “, including a drawdown and distribution carried out under subsection (g) of such section” after “”.

Pub. L. 99–58, § 103(b)(4)section 6241 of this titleSubsec. (d). , inserted “, including a drawdown and distribution carried out subsection (g) of such section” after “” in provisions preceding par. (1).

Pub. L. 97–2291982—Subsec. (e). added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

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

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

Pub. L. 106–113, div. B, § 1000(a)(3) [title II]Nov. 29, 1999113 Stat. 1535

42 U.S.C. 6241Provided further“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 () from any funds available to the Department of Energy under this or any other Act: , 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.”

, , , 1501A–180, provided in part:

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

Pub. L. 97–35, title X, § 1034(c)Aug. 13, 198195 Stat. 620

“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.”

, , , provided that: