Title 15Commerce and TradeRelease 119-73

§2841 Study by Secretary of Energy

Title 15 › Chapter CHAPTER 55— - PETROLEUM MARKETING PRACTICES › Subchapter SUBCHAPTER III— - SUBSIDIZATION OF MOTOR FUEL MARKETING › § 2841

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Energy must study whether fuel producers, refiners, or other suppliers use profits from other parts of their business to help sell motor fuel at retail or wholesale. The Secretary must work with the Federal Trade Commission Chair, the Attorney General, and other agencies as needed. The study must look at things like how vertical integration helps subsidize fuel sales; whether those subsidies are predatory and hurt competition; profits in different parts of the petroleum industry; what would happen to competition, consumer fuel prices, and the industry’s health and structure if such subsidizing were banned; and any other related matters. The Secretary must give notice and let interested people submit written and oral information. The report and any recommended laws must go to Congress no later than the 18th month after June 19, 1978. If the President finds that temporary steps are needed while Congress reviews the report, he may issue rules under the procedures in section 6393(a) of title 42. No temporary step may be proposed after January 1, 1980, and any approved temporary step cannot last more than 18 months after Congressional approval. Such a step must be approved by both Houses of Congress as if it were a contingency plan under section 6422 of title 42, and the usual 60-day review period is extended to 90 days here. Money needed to carry out the study may be appropriated.

Full Legal Text

Title 15, §2841

Commerce and Trade — Source: USLM XML via OLRC

(a)The Secretary of Energy, in consultation with the Chairman of the Federal Trade Commission and the Attorney General and other agencies as the Secretary deems appropriate, shall conduct a study of the extent to which producers, refiners, and other suppliers of motor fuel subsidize the sale of such motor fuel at retail or wholesale with profits obtained from other operations.
(b)Such study shall examine—
(1)the role of vertically integrated operations in facilitating subsidization of sales of motor fuel at wholesale or retail;
(2)the extent to which such subsidization is predatory and presents a threat to competition;
(3)the profitability of various segments of the petroleum industry;
(4)the impact of prohibiting such subsidization on the competitive viability of various segments of the petroleum industry, on prices of motor fuel to consumers and on the health and structure of the petroleum industry as a whole; and
(5)such other matters as the Secretary considers appropriate.
(c)In conducting the study required by this section, the Secretary shall give appropriate notice and afford interested persons an opportunity to present written and oral data, views and arguments concerning such study.
(d)(1)The Secretary shall report the results of the study required by this section, together with such recommendations for legislative action and such statistical evidence as he deems appropriate to the Congress on or before the expiration of the eighteenth month after June 19, 1978.
(2)If the President determines that interim measures are necessary and appropriate to maintain the competitive viability of the marketing sector of the petroleum industry during Congressional consideration of the recommendations contained in the report submitted under paragraph (1), he shall prescribe, by rule, in accordance with the procedures set forth in section 6393(a) of title 42 such interim measures.
(3)No interim measure proposed by the President under this section may be submitted after January 1, 1980, and the effect of such measure if approved by the Congress under paragraph (4) may not extend beyond 18 months after such Congressional approval.
(4)Such interim measure shall not take effect unless approved by both Houses of Congress as if it were a contingency plan under section 6422 of title 42: Provided, That the 60-day period referred to in such section shall be extended to 90 days for purposes of this section.
(e)There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.

Reference

Citations & Metadata

Citation

15 U.S.C. § 2841

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73