§6212a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal officials may not stop or limit the export of crude oil to help keep energy production, storage, supply, marketing, pricing, and regulation running efficiently. The President can still block exports under the Constitution and laws that allow emergency or sanctions actions (for example, the International Emergency Economic Powers Act and its regulations — except section 754.2 of title 15, Code of Federal Regulations — the National Emergencies Act, part B of title II of the Energy Policy and Conservation Act, and the Trading With the Enemy Act). The President may also require export licenses or other limits for up to 1 year (renewable in additional periods of not more than 1 year each) if he declares a national emergency in the Federal Register; or if limits target certain countries, people, or groups for national-security sanctions; or if the Secretary of Commerce, with the Secretary of Energy, reports that U.S. crude exports caused long-lasting, serious supply shortages or prices far above world levels that have caused or are likely to cause long-lasting, serious job losses in the United States.

Title 42, §6212a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)

(b)Notwithstanding any other provision of law, except as provided in subsections (c) and (d), to promote the efficient exploration, production, storage, supply, marketing, pricing, and regulation of energy resources, including fossil fuels, no official of the Federal Government shall impose or enforce any restriction on the export of crude oil.

(c)Nothing in this section limits the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or regulations issued under that Act (other than section 754.2 of title 15, Code of Federal Regulations), the National Emergencies Act (50 U.S.C. 1601 et seq.), part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.),11 See References in Text note below. or any other provision of law that imposes sanctions on a foreign person or foreign government (including any provision of law that prohibits or restricts United States persons from engaging in a transaction with a sanctioned person or government), including a foreign government that is designated as a state sponsor of terrorism, to prohibit exports.

(d)(1)The President may impose export licensing requirements or other restrictions on the export of crude oil from the United States for a period of not more than 1 year, if—

(A)the President declares a national emergency and formally notices the declaration of a national emergency in the Federal Register;

(B)the export licensing requirements or other restrictions on the export of crude oil from the United States under this subsection apply to 1 or more countries, persons, or organizations in the context of sanctions or trade restrictions imposed by the United States for reasons of national security by the Executive authority of the President or by Congress; or

(C)the Secretary of Commerce, in consultation with the Secretary of Energy, finds and reports to the President that—

(i)the export of crude oil pursuant to this Act has caused sustained material oil supply shortages or sustained oil prices significantly above world market levels that are directly attributable to the export of crude oil produced in the United States; and

(ii)those supply shortages or price increases have caused or are likely to cause sustained material adverse employment effects in the United States.

(2)Any requirement or restriction imposed pursuant to subparagraph (A) of paragraph (1) may be renewed for 1 or more additional periods of not more than 1 year each.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The International Emergency Economic Powers Act, referred to in subsec. (c), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see

Short Title

note set out under section 1701 of Title 50 and Tables. The National Emergencies Act, referred to in subsec. (c), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see

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note set out under section 1601 of Title 50 and Tables. The Energy Policy and Conservation Act, referred to in subsec. (c), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871. Part B of title II of the Act is classified generally to part B (§ 6271 et seq.) of subchapter II of this chapter. For complete classification of this Act to the Code, see

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note set out under section 6201 of this title and Tables. The Trading With the Enemy Act, referred to in subsec. (c), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which was classified to sections 1 to 6, 7 to 39 and 41 to 44 of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 53 (§ 4301 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables. This Act, referred to in subsec. (d)(1)(C)(i), is div. O of Pub. L. 114–113, Dec. 18, 2015, 129 Stat. 2986. For complete classification of this Act to the Code, see Tables. Codification Section was enacted as part of the Consolidated Appropriations Act, 2016, and not as part of the Energy Policy and Conservation Act which comprises this chapter. Section is comprised of section 101 of div. O of Pub. L. 114–113. Subsec. (a) of section 101 of div. O of Pub. L. 114–113 repealed section 6212 of this title. Subsec. (e) of section 101 of div. O of Pub. L. 114–113 amended section 53106 and 53111 of Title 46, Shipping.

§6212a Oil exports, safety valve, and maritime security

Summary

Title 42, §6212a

Notes & Related Subsidiaries

Editorial Notes

References in Text

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