42 U.S.C. § 6212a: Oil exports, safety valve…

Summary

Federal officials must not impose or enforce any restriction on exporting crude oil, except as described below. The President still has authority to ban or limit oil exports under certain emergency or sanctions laws, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and its regulations (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.), or other laws that impose sanctions on foreign people or governments. The President may also require export licenses or other limits for up to 1 year if the President declares a national emergency and publishes it in the Federal Register; if limits apply to specific countries, people, or groups as part of U.S. sanctions for national security; or if the Secretary of Commerce, with the Secretary of Energy, reports that U.S. crude exports caused sustained supply shortages or prices well above world levels and that this has caused or likely will cause sustained harmful job effects in the United States. A limit based on a national emergency may be renewed for additional periods of not more than 1 year each.

Title 42, §6212a

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

(a)Omitted

(b)National policy on oil export restriction

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)Savings clause

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.), 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)Exceptions and presidential authority

(1)In general

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)Renewal

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

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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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