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Title 42 — The Public Health and Welfare

Part B · Chapter 77 — Energy Conservation

§ 6271. International oil allocations

Statutory text

(a)

Authority of President to prescribe rules for implementation of obligations of United States relating to international allocation of petroleum products; amounts of allocation and prices; petroleum products subject to rule; term of rule

The President may, by rule, require that persons engaged in producing, transporting, refining, distributing, or storing petroleum products, take such action as he determines to be necessary for implementation of the obligations of the United States under chapters III and IV of the international energy program insofar as such obligations relate to the international allocation of petroleum products. Allocation under such rule shall be in such amounts and at such prices as are specified in (or determined in a manner prescribed by) such rule. Such rule may apply to any petroleum product owned or controlled by any person described in the first sentence of this subsection who is subject to the jurisdiction of the United States, including any petroleum product destined, directly or indirectly, for import into the United States or any foreign country, or produced in the United States. Subject to subsection (b)(2), such a rule shall remain in effect until amended or rescinded by the President.

(b)

Prerequisites to rule taking effect; time rule may be put into effect or remain in effect

(1)

No rule under subsection (a) may take effect unless the President—

(A)

has transmitted such rule to the Congress;

(B)

has found that putting such rule into effect is required in order to fulfill obligations of the United States under the international energy program; and

(C)

has transmitted such finding to the Congress, together with a statement of the effective date and manner for exercise of such rule.

(2)

No rule under subsection (b) may be put into effect or remain in effect after the expiration of 12 months after the date such rule was transmitted to Congress under paragraph (1)(A).

(c)

Consistency of rule with attainment of objectives specified in section 753(b)(1) 1 of title 15; limitation on authority of officers or agencies of United States

(1)

Any rule under this section shall be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 753(b)(1) 1 of title 15.

(2)

No officer or agency of the United States shall have any authority, other than authority under this section, to require that petroleum products be allocated to other countries for the purpose of implementation of the obligations of the United States under the international energy program.

(d)

Nonapplicability of export restrictions under other laws

Neither section 6212 1 of this title nor section 185(u) of title 30 shall preclude the allocation and export, to other countries in accordance with this section, of petroleum products produced in the United States.

(e)

Prerequisites for effectiveness of rule

No rule under this section may be put into effect unless—

(1)

an international energy supply emergency, as defined in the first sentence of section 6272(k)(1) of this title, is in effect; and

(2)

the allocation of available oil referred to in chapter III of the international energy program has been activated pursuant to chapter IV of such program.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Energy Policy and Conservation Act

    Pub. L. 94–163 title II § 251 · 89 Stat. 871

    Enacted · 42 U.S.C. § 6271

    Pub. L. 94–163, title II, § 251, Dec. 22, 1975, 89 Stat. 894

    Source evidence

    Code source credit
    Pub. L. 94–163, title II, § 251, Dec. 22, 1975, 89 Stat. 894

    Enacted provision · exact public law section
    Sec. 251. international oil allocation (a) The President may, by rule, require that persons engaged in producing, transporting, refining, distributing, or storing petroleum products, take such action as he determines to be necessary for implementation of the obligations of the United States under chapters III and IV of the international energy program insofar as such obligations relate to the international allocation of petroleum products. Allocation under such rule shall be in such amounts and at such prices as are specified in (or determined in a manner prescribed by) such rule. Such rule may apply to any petroleum product owned or controlled by any person described in the first sentence of this subsection who is subject to the jurisdiction of the United States, including any petroleum product destined, directly or indirectly, for import into the United States or any foreign country, or produced in the United States. Subject to subsection (b) (2), such a rule shall remain in effect until amended or rescinded by the President. (b) (1) No rule under subsection (a) may take effect unless the President— (A) has transmitted such rule to the Congress; (B) has found that putting such rule into effect is required in order to fulfill obligations of the United States under the international energy program; and (C) has transmitted such finding to the Congress, together with a statement of the effective date and manner for exercise of such rule. (2) No rule under subsection (b) may be put into effect or remain in effect after the expiration of 12 months after the date such rule was transmitted to Congress under paragraph (1)(A). (c) (1) Any rule under this section shall be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b) (1) of the Emergency Petroleum Allocation 15 USC 753. Act of 1973. (2) No officer or agency of the United States shall have any authority, other than authority under this section, to require that petroleum products be allocated to other countries for the purpose of implementation of the obligations of the United States under the international energy program. (d) Neither section 103 of this Act nor section 28(u) of the Mineral Leasing Act of 1920 shall preclude the allocation and export, to other countries in accordance with this section, of petroleum products produced in the United States.

  2. Energy Emergency Preparedness Act of 1982

    Pub. L. 97–229 § 2(b)(1) · 96 Stat. 248

    Added · 42 U.S.C. § 6271(e)

    Pub. L. 97–229 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 97–229 added subsec. (e).

    Enacted provision · exact public law section
    (1) Section 251 of the Energy Policy and Conservation Act (42 U.S.C. 6271) is amended by adding at the end thereof the following new subsection: “(e) No rule under this section may be put into effect unless— “(1) an international energy supply emergency, as defined in the first sentence of section 252(l)(1), is in effect; and “(2) the allocation of available oil referred to in chapter III of the international energy program has been activated pursuant to chapter IV of such program.”.

  3. Pub. L. 105–177 § 1(3) · 112 Stat. 105

    Substituted · 42 U.S.C. § 6271(e)(1)

    Pub. L. 105–177 substituted reference to section 6272(k)(1) for reference to section 6272(l)(1)

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 105–177 substituted reference to section 6272(k)(1) for reference to section 6272(l)(1).

    Enacted provision · exact public law section
    (3) by striking “section 252(l)(1)” in section 251(e)(1) (42 U.S.C. 6271(e)(1)) and inserting “section252(k)(1)”;

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 753 of title 15, referred to in subsec. (c), was omitted from the Code pursuant to section 760g of Title 15, Commerce and Trade, which provided for the expiration of the President’s authority under that section on .

Section 6212 of this title, referred to in subsec. (d), was repealed by Pub. L. 114–113, div. O, title I, § 101(a), , 129 Stat. 2987.

Amendments1982–1998 · 2 rounds

1998

Subsec. (e)(1). Pub. L. 105–177 substituted reference to section 6272(k)(1) for reference to section 6272(l)(1).

1982

Subsec. (e). Pub. L. 97–229 added subsec. (e).

Credits

1975–1998 · 3 acts
  1. 1975Pub. L. 94–163, title II, § 251, , 89 Stat. 894
  2. 1982Pub. L. 97–229, § 2(b)(1), , 96 Stat. 248
  3. 1998Pub. L. 105–177, § 1(3), , 112 Stat. 105.
Show as published

(Pub. L. 94–163, title II, § 251, , 89 Stat. 894; Pub. L. 97–229, § 2(b)(1), , 96 Stat. 248; Pub. L. 105–177, § 1(3), , 112 Stat. 105.)

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