10 U.S.C. § 8730
HISTORICAL AND REVISION NOTES | ||
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
7430(a) | 34 U.S.C. 524 (244th through 293d words of 1st par.). | June 4, 1920, ch. 228 (1st par., 244th through 293d words, of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, §1, 52 Stat. 1252; June 17, 1944, ch. 262, 58 Stat. 281. |
7430(b) | 34 U.S.C. 524 (2d sentence of 3d par.). | June 4, 1920, ch. 228 (3d par., 2d sentence, of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, §1, 52 Stat. 1252; June 17, 1944, ch. 262, 58 Stat. 281. |
EDITORIAL NOTES
REFERENCES IN TEXTThe Export Administration Act of 1979, referred to in subsec. (e), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115-232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof ( 50 U.S.C. 4611, 4612, 4613 ). The Sherman Act, referred to in subsec. (i)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, as amended, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.The Clayton Act, referred to in subsec. (i)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables.The Federal Trade Commission Act, referred to in subsec. (i)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables. Sections 73 and 74 of the Wilson Tariff Act, referred to in subsec. (i)(4), are sections 73 and 74 of act Aug. 27, 1894, ch. 349, 28 Stat. 570, which enacted sections 8 and 9, respectively, of Title 15. Act of June 19, 1936, referred to in subsec. (i)(5), is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman Antidiscrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15 and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables. The Natural Gas Act, referred to in subsec. (j), is act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified generally to chapter 15B (§717 et seq.) of Title 15. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables.
AMENDMENTS2018- Pub. L. 115-232, §807(d)(5), renumbered section 7430 of this title as this section.Subsec. (f). Pub. L. 115-232, §809(a), substituted "section 8722(c)" for "section 7422(c)" and "section 8731(a)(3)" for "section 7431(a)(3)". 2016-Subsec. (e). Pub. L. 114-328 substituted "( 50 U.S.C. 4601 et seq.)" for "(50 U.S.C. App. 2401 et seq.)". 2001-Subsec. (b)(2). Pub. L. 107-107 substituted "at a price less than the current sales price" for "at a price less than the higher of- (A) the current sales price", substituted a period for "; or" after "petroleum in the same area", and struck out subpar. (B) which read as follows: "the price of petroleum being purchased for the Strategic Petroleum Reserve, minus the cost of transporting petroleum from the naval petroleum reserve concerned to the nearest storage area of the Strategic Petroleum Reserve, with adjustments for the difference in the quality of the petroleum being purchased for the Strategic Petroleum Reserve and petroleum being produced from the naval petroleum reserve concerned." 2000-Subsec. (b)(2). Pub. L. 106-398 substituted "Naval Petroleum Reserves Numbered 2 and 3" for "Naval Petroleum Reserves Numbered 1, 2, and 3" in introductory provisions and struck out "90 percent of" before "the current sales price" in subpar. (A). 1988-Subsec. (b)(3). Pub. L. 100-456 realigned margin of par. (3) and substituted a period for comma at end. 1987-Subsec. (b)(3). Pub. L. 100-202 added par. (3).Subsec. (i). Pub. L. 100-26 substituted "In" for "As used in".1986-Subsec. (b). Pub. L. 99-413, §1(b), designated existing provisions as par. (1), substituted "Subject to paragraph (2) and notwithstanding" for "Notwithstanding", and added par. (2).Subsec. (g)(2). Pub. L. 99-413, §1(c), substituted "15 days" for "30 days" and "15-day" for "30-day". 1984-Subsec. (d)(4). Pub. L. 98-525, §1405(53)(A), struck out "of this section" after "subsection (b)".Subsec. (g)(2). Pub. L. 98-525, §1405(53)(B), substituted "30 days" for "thirty days" and "30-day" for "thirty day".Subsec. (l)(4). Pub. L. 98-525, §1405(53)(C), struck out "of this section" after "subsection (d)" and "subsection (k)".1981-Subsec. (e). Pub. L. 97-22 substituted "Export Administration Act of 1979" for "Export Administration Act of 1969" in three places. 1980-Subsec. (b). Pub. L. 96-294, §804(a), struck out "for periods of not more than one year," after "qualified bidder," and inserted last sentence limiting sales of the United States share of petroleum to periods of not more than one year, except for sales of natural gas. Subsecs. (c), (d)(3). Pub. L. 96-513(34)(A), substituted "percent" for "per centum".Subsec. (e). Pub. L. 96-513, §513(34)(B), substituted "(50 U.S.C. App. 2401 et seq.)" for "(83 Stat. 841)". Subsec. (f). Pub. L. 96-513, §513(34)(C), inserted references to this title wherever appearing.Subsec. (i). Pub. L. 96-513, §513(34)(D), substituted "(1) the Sherman Act ( 15 U.S.C. 1 et seq.);", "(2) the Clayton Act ( 15 U.S.C. 12 et seq.);", "(3) the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.);", "(4) sections 73 and 74 of the Wilson Tariff Act ( 15 U.S.C. 8 and 9 ); and", and "(5) sections 2, 3, and 4 of the Act of June 19, 1936 (commonly referred to as the 'Robinson-Patman Act') ( 15 U.S.C. 13a, 13b, and 21a )." for "(1) the Act entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890 ( 15 U.S.C. 1 et seq.), as amended;" "(2) the Act entitled 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', approved October 15, 1914 ( 15 U.S.C. 12 et seq.), as amended;" "(3) the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.), as amended;" "(4) sections 73 and 74 of the Act entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other purposes', approved August 27, 1894 ( 15 U.S.C. 8 and 9 ), as amended; or", and "(5) sections 2, 3, and 4 of the Act of June 19, 1936, chapter 592 ( 15 U.S.C. 13a, 13b, and 21a )", respectively. Subsec. (j). Pub. L. 96-513, §513(34)(E), inserted "( 15 U.S.C. 717 et seq.)".Subsec. (k). Pub. L. 96-294, §804(b), amended subsec. (k) generally, inserting references to the Secretary, provision authorizing the exchange of petroleum under terms and conditions determined appropriate without regard to Federal procurement statutes and regulations, and provision making 42 U.S.C. 6239 inapplicable.Subsec. (l). Pub. L. 96-294, §804(c), added subsec. (l).1976-Subsec. (a). Pub. L. 94-258 substituted provisions setting forth requirements for Secretary in administering naval petroleum reserves under this chapter, for provisions setting forth requirements for Secretary of the Navy in administering naval petroleum and oil shale reserves under this chapter.Subsec. (b). Pub. L. 94-258 inserted "Notwithstanding any other provision of law" before "each sale", reference to United States share of petroleum, provision relating to periods of sale, and provision exempting Federal, State, or local regulations controlling sales or allocation of petroleum products, and struck out applicability to sales of gas, other hydrocarbons, oil shale, or products therefrom.Subsecs. (c) to (k). Pub. L. 94-258 added subsecs. (c) to (k).1962-Subsec. (a). Pub. L. 87-796 included provision for administration of oil shale reserves, required the Secretary of the Navy to use, store, sell, or exchange oil shale and products therefrom produced from oil shale reserves for other petroleum or refined products, and deleted provision which required the Secretary to use, store, sell, or exchange gas products from lands in the South Barrow gas field of naval petroleum reserve numbered 4 for other petroleum or refined products. Pub. L. 87-599 required the Secretary of the Navy to use, store, sell, or exchange gas products from lands in the South Barrow gas field of naval petroleum reserve numbered 4 for other petroleum or refined products.Subsec. (b). Pub. L. 87-796 included sale of oil shale and products from petroleum, gas, other hydrocarbons, and oil shale.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232 set out as a note preceding section 3001 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513 set out as a note under section 101 of this title.
MINIMUM SELLING PRICE OF UNITED STATES SHARE OF PETROLEUM Pub. L. 106-291, 114 Stat. 976, provided in part: "That the requirements of 10 U.S.C. 7430(b)(2)(B) [now 8730(b)(2)(B)] shall not apply to fiscal year 2001 and any fiscal year thereafter".Similar provisions were contained in the following appropriation and authorization acts: Pub. L. 106-113, div. B, §1000(a)(3) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A-179. Pub. L. 105-277, div. A, §101(e) [title II], Oct. 21, 1998, 112 Stat. 2681-231, 2681-276. Pub. L. 105-85, div. C, title XXXIV, §34023402,, 111 Stat. 2059. Pub. L. 105-83, 111 Stat. 1580. Pub. L. 104-208, div. A, title I, §101(d) [title II], Sept. 30, 1996, 110 Stat. 3009-181, 3009-210. Pub. L. 104-201, div. C, title XXXIV, §34023402,, 110 Stat. 2858. Pub. L. 104-134, title I, §101(c) [title II], Apr. 26, 1996, 110 Stat. 1321-156, 1321-187; renumbered title I, Pub. L. 104-140, §1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 104-106, div. C, title XXXIV, §34023402,, 110 Stat. 631. Pub. L. 103-337, div. C, title XXXV, §35023502,, 108 Stat. 3111. Pub. L. 103-332, 108 Stat. 2525. Pub. L. 103-138, 107 Stat. 1405.
EXECUTIVE DOCUMENTS
DELEGATION OF FUNCTIONS Functions vested in President by subsec. (k) of this section delegated to Secretary of Energy by section 1-102 of Ex. Ord. No. 12231, Aug. 4, 1980, 45 F.R. 52139, set out as a note under section 6240 of Title 42, The Public Health and Welfare.
- Secretary
- The term "Secretary" means the Secretary of Energy.
- national defense
- The term "national defense" includes the needs of, and the planning and preparedness to meet, essential defense, industrial, and military emergency energy requirements relative to the national safety, welfare, and economy, particularly resulting from foreign military or economic actions.
- naval petroleum reserves
- The term "naval petroleum reserves" means the naval petroleum and oil shale reserves established by this chapter, including Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated September 2, 1912; Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, California, established by Executive order of the President, dated December 13, 1912; Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, established by Executive order of the President, dated April 30, 1915; Oil Shale Reserve Numbered 1, located in Colorado, established by Executive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919; Oil Shale Reserve Numbered 2, located in Utah, established by Executive order of the President, dated December 6, 1916; and Oil Shale Reserve Numbered 3, located in Colorado, established by Executive order of the President, dated September 27, 1924.
- petroleum
- The term "petroleum" includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources.