§6391 — Title 42 The Public Health and Welfare | U.S. Code

Summary

When the federal government divides up or limits oil or electricity, it must not use unfair categories or treat groups of users differently without good reason. The President or any federal agency given that power must also consider whether foreign countries treat U.S. citizens doing business there fairly. As much as possible, limits on energy use must be fair and spread the burden across the whole economy. They must not put an unfairly large share on any one industry, type of business, or part of a business, and must consider shops and services that offer essential convenience outside normal daytime hours. These rules apply under Titles I and II of this Act (except parts that amend other laws), under this title, and under the Emergency Petroleum Allocation Act of 1973.

Title 42, §6391

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

(a)Action taken under the authorities to which this section applies, resulting in the allocation of petroleum products or electrical energy among classes of users or resulting in restrictions on use of petroleum products and electrical energy shall not be based upon unreasonable classifications of, or unreasonable differentiations between, classes of users. In making any such allocation the President, or any agency of the United States to which such authority is delegated, shall give consideration to the need to foster reciprocal and nondiscriminatory treatment by foreign countries of United States citizens engaged in commerce in those countries.

(b)To the maximum extent practicable, any restriction under authorities to which this section applies on the use of energy shall be designed to be carried out in such manner so as to be fair and to create a reasonable distribution of the burden of such restriction on all sectors of the economy, without imposing an unreasonably disproportionate share of such burden on any specific class of industry, business, or commercial enterprise, or on any individual segment thereof. In prescribing any such restriction, due consideration shall be given to the needs of commercial, retail, and service establishments whose normal function is to supply goods or services of an essential convenience nature during times of day other than conventional daytime working hours.

(c)This section applies to actions under any of the following authorities:

(1)titles I and II of this Act (other than any provision of such titles which amends another law).

(2)this title.11 See References in Text note below.

(3)the Emergency Petroleum Allocation Act of 1973.1

Notes & Related Subsidiaries

Editorial Notes

References in Text

Title I of this Act, referred to in subsec. (c)(1), is title I of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 875, which is classified principally to subchapter I (§ 6211 et seq.) of this chapter. For complete classification of title I to the Code, see Tables. Title II of this Act, referred to in subsec. (c)(1), is title II of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 890, which is classified generally to subchapter II (§ 6271 et seq.) of this chapter. For complete classification of title II to the Code, see Tables. This title, referred to in subsec. (c)(2), is title V of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 956, which is classified principally to this subchapter. For complete classification of title V to the Code, see Tables. The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (c)(3), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of Title 15, Commerce and Trade, and was omitted from the Code pursuant to section 760g of Title 15, which provided for the expiration of the President’s authority under that chapter on Sept. 30, 1981.

§6391 Prohibited actions

Summary

Title 42, §6391

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata