42 USC 6271 – International oil allocations
(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 Subject to subsection (b)(2), such a rule shall remain in effect until amended or rescinded by the President.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
Terms Used In 42 USC 6271
- international energy program: means the Agreement on an International Energy Program, signed by the United States on November 18, 1974, including (A) the annex entitled "Emergency Reserves" (B) any amendment to such Agreement which includes another nation as a party to such Agreement, and (C) any technical or clerical amendment to such Agreement. See 42 USC 6202
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- person: includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government and any agency of the United States or any State or political subdivision thereof. See 42 USC 6202
- petroleum product: means crude oil, residual fuel oil, or any refined petroleum product (including any natural liquid and any natural gas liquid product). See 42 USC 6202
- United States: when used in the geographical sense means all of the States and the Outer Continental Shelf. See 42 USC 6202
(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.