[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress]
[118th Congress]
[House Document 117-161]
[Legislate Procedures Enacted in Law]
[Pages 1256-1257]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 1256]]

     14. Extensions of Emergency Energy Authorities [42 U.S.C. 8374]

  Sec. 404. emergency authorities.--(a) coal allocation authority.--(1) 
If the President--

          (A) declares a severe energy supply interruption, as defined 

        in section 3(8) of the Energy Policy and Conservation Act [42 

        U.S.C. 6202(8)], or

          (B) finds, and publishes such finding, that a national or 

        regional fuel supply shortage exists or may exist which the 

        President determines--

                  (i) is, or is likely to be, of significant scope and 

                duration, and of an emergency nature;

                  (ii) causes, or may cause, major adverse impact on 

                public health, safety, or welfare or on the economy; and

                  (iii) results, or is likely to result, from an 

                interruption in the supply of coal or from sabotage, or 

                an act of God;
the President may, by order, allocate (and require the transportation 
thereof) for the use of any electrical powerplant or major fuel-burning 
installation, in accordance with such terms and conditions as he may 
prescribe, to insure reliability of electric service or prevent 
unemployment, or protect public health, safety, or welfare.

  (2) For purposes of this subsection, the term ``coal'' means 
anthracite and bituminous coal and lignite (but does not mean any fuel 
derivative thereof).

  (b) emergency prohibition on use of natural gas or petroleum.--If the 
President declares a severe energy supply interruption, as defined in 
section 3(8) of the Energy Policy and Conservation Act [42 U.S.C. 
6202(8)], the President may, by order, prohibit any electric powerplant 
or major fuelburning installation from using natural gas or petroleum, 
or both, as a primary energy source for the duration of such 
interruption. Notwithstanding any other provision of this section, any 
suspension of emission limitations or other requirements of applicable 
implementation plans, as defined in section 110(d) of the Clean Air Act 
[42 U.S.C. 7410(d)], required by such prohibition shall be issued only 
in accordance with section 110(f) of the Clean Air Act [42 U.S.C. 
7410(f)].

  (c) emergency stays.--The President may, by order, stay the 
application of any provision of this act, or any rule or order 
thereunder, applicable to any new or existing electric powerplant, if 
the President finds, and publishes such finding, that an emergency 
exists, due to national, regional, or systemwide shortages of coal or 
other alternate fuels, or disruption of transportation facilities, which 
emergency is likely to affect reliability of service of any such 
electric powerplant.

  (d) duration of emergency orders.--(1) Except as provided in paragraph 
(3), any order issued by the President under this section shall not be 
effective for longer than the duration of the interruption or emergency, 
or 90 days, whichever is less.

  (2) Any such order may be extended by a subsequent order which the 
President shall transmit to the Congress in accordance with section 551 
of the Energy Policy and Conservation Act [42 U.S.C. 6421]. Such order 
shall be subject to congressional review pursuant to such section.

  (3) Notwithstanding paragraph (1), the effectiveness of any order 
issued under this section shall not terminate under this subsection 
during the 15-calendar-day period during which any such subsequent order 
described in paragraph (2) is subject to congressional review under 
section 551 of the Energy Policy and Conservation Act [42 U.S.C. 6421].



[[Page 1257]]
                                                           Sec. 1130(15)