42 U.S.C. § 6271 — International oil allocations

Page 6684 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6251 1 See References in Text note below. 2012, and also as part of the Consolidated Appropria- tions Act, 2012, and not as part of the Energy Policy and Conservation Act which comprises this chapter. PART E—EXPIRATION § 6251. Repealed. Pub. L. 109–58, title III, § 301(a)(3), Aug. 8, 2005, 119 Stat. 683 Section, Pub. L. 94–163, title I, § 191, formerly § 171, as added Pub. L. 99–58, title I, § 101(a), July 2, 1985, 99 Stat. 102; amended Pub. L. 101–46, § 1(1), June 30, 1989, 103 Stat. 132; Pub. L. 101–262, § 2(b), Mar. 31, 1990, 104 Stat. 124; Pub. L. 101–360, § 2(b), Aug. 10, 1990, 104 Stat. 421; re- numbered § 181 and amended Pub. L. 101–383, §§ 2(2), 6(a)(3), Sept. 15, 1990, 104 Stat. 727, 729; Pub. L. 103–406, title I, § 102, Oct. 22, 1994, 108 Stat. 4209; Pub. L. 104–306, § 1(2), Oct. 14, 1996, 110 Stat. 3810; Pub. L. 105–177, § 1(2), June 1, 1998, 112 Stat. 105; Pub. L. 106–64, § 1(2), Oct. 5, 1999, 113 Stat. 511; renumbered § 191 and amended Pub. L. 106–469, title I, § 103(23), title II, § 201(a)(2), Nov. 9, 2000, 114 Stat. 2033, 2034; Pub. L. 108–7, div. F, title III, § 339(a)(3), Feb. 20, 2003, 117 Stat. 278, provided for the expiration of all authority under this subchapter at midnight Sept. 30, 2008. SUBCHAPTER II—STANDBY ENERGY AUTHORITIES PART A—GENERAL EMERGENCY AUTHORITIES §§ 6261 to 6264. Repealed. Pub. L. 106–469, title I, § 104(1), Nov. 9, 2000, 114 Stat. 2033 Section 6261, Pub. L. 94–163, title II, § 201, Dec. 22, 1975, 89 Stat. 890; Pub. L. 96–102, title I, §§ 103(b)(1), (c)(1), 105(a)(1)–(3), (5), Nov. 5, 1979, 93 Stat. 751, 755, 756; H. Res. 549, Mar. 25, 1980, required the President to trans- mit to Congress energy conservation contingency plans and rationing contingency plans and provided require- ments for plans to become effective and for amend- ment, approval, and implementation of plans. Section 6262, Pub. L. 94–163, title II, § 202, Dec. 22, 1975, 89 Stat. 892; Pub. L. 96–102, title II, § 231, Nov. 5, 1979, 93 Stat. 767, provided requirements for energy conserva- tion contingency plans. Section 6263, Pub. L. 94–163, title II, § 203, Dec. 22, 1975, 89 Stat. 892; Pub. L. 96–102, title I, §§ 103(a), (c)(2), 104, 105(b)(1)–(5), Nov. 5, 1979, 93 Stat. 751, 755, 756, provided requirements for rationing contingency plan, and in subsec. (f) provided that all authority to carry out a plan would expire on same date as authority to issue and enforce rules and orders under the Emergency Pe- troleum Allocation Act of 1973, 15 U.S.C. 751 et seq. Section 6264, Pub. L. 94–163, title II, § 204, as added Pub. L. 99–58, title I, § 104(b), July 2, 1985, 99 Stat. 104, provided that except as provided in section 6263(f) of this title, authority to carry out the provisions of sec- tions 6261 to 6264 of this title and any rule, regulation, or order issued pursuant to such sections expired at midnight, June 30, 1985. PART B—AUTHORITIES WITH RESPECT TO INTERNATIONAL ENERGY PROGRAM § 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 per- sons engaged in producing, transporting, refin- ing, distributing, or storing petroleum products, take such action as he determines to be nec- essary 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 allo- cation 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 con- trolled by any person described in the first sen- tence of this subsection who is subject to the ju- risdiction of the United States, including any petroleum product destined, directly or indi- rectly, 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 re- scinded 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 ef- fect unless the President— (A) has transmitted such rule to the Con- gress; (B) has found that putting such rule into ef- fect is required in order to fulfill obligations of the United States under the international energy program; and (C) has transmitted such finding to the Con- gress, together with a statement of the effec- tive 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 expira- tion of 12 months after the date such rule was transmitted to Congress under paragraph (1)(A). (c) Consistency of rule with attainment of objec- tives 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 con- sistent 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 en- ergy 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 pro- duced in the United States. (e) Prerequisites for effectiveness of rule No rule under this section may be put into ef- fect unless— (1) an international energy supply emer- gency, as defined in the first sentence of sec- tion 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 pro- gram has been activated pursuant to chapter IV of such program. Page 6685 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6272 (Pub. L. 94–163, title II, § 251, Dec. 22, 1975, 89 Stat. 894; Pub. L. 97–229, § 2(b)(1), Aug. 3, 1982, 96 Stat. 248; Pub. L. 105–177, § 1(3), June 1, 1998, 112 Stat. 105.) 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 expira- tion of the President’s authority under that section on Sept. 30, 1981. Section 6212 of this title, referred to in subsec. (d), was repealed by Pub. L. 114–113, div. O, title I, § 101(a), Dec. 18, 2015, 129 Stat. 2987. AMENDMENTS 1998—Subsec. (e)(1). Pub. L. 105–177 substituted ref- erence to section 6272(k)(1) for reference to section 6272(l)(1). 1982—Subsec. (e). Pub. L. 97–229 added subsec. (e). § 6272. International voluntary agreements (a) Exclusiveness of section’s requirements Effective 90 days after December 22, 1975, the requirements of this section shall be the sole procedures applicable to— (1) the development or carrying out of vol- untary agreements and plans of action to im- plement the international emergency response provisions, and (2) the availability of immunity from the antitrust laws with respect to the develop- ment or carrying out of such voluntary agree- ments and plans of action. (b) Prescription by Secretary of standards and procedures for developing and carrying out voluntary agreements and plans of action The Secretary, with the approval of the Attor- ney General, after each of them has consulted with the Federal Trade Commission and the Sec- retary of State, shall prescribe, by rule, stand- ards and procedures by which persons engaged in the business of producing, transporting, refin- ing, distributing, or storing petroleum products may develop and carry out voluntary agree- ments, and plans of action, which are required to implement the international emergency re- sponse provisions. (c) Requirements for standards and procedures The standards and procedures prescribed under subsection (b) shall include the following re- quirements: (1)(A)(i) Except as provided in clause (ii) or (iii) of this subparagraph, meetings held to de- velop or carry out a voluntary agreement or plan of action under this subsection shall per- mit attendance by representatives of commit- tees of Congress and interested persons, in- cluding all interested segments of the petro- leum industry, consumers, and the public; shall be preceded by timely and adequate no- tice with identification of the agenda of such meeting to the Attorney General, the Federal Trade Commission, committees of Congress, and (except during an international energy supply emergency with respect to meetings to carry out a voluntary agreement or to develop or carry out a plan of action) the public; and shall be initiated and chaired by a regular full- time Federal employee. (ii) Meetings of bodies created by the Inter- national Energy Agency established by the international energy program need not be open to interested persons and need not be ini- tiated and chaired by a regular full-time Fed- eral employee. (iii) The President, in consultation with the Secretary, the Secretary of State, and the At- torney General, may determine that a meeting held to carry out a voluntary agreement or to develop or carry out a plan of action shall not be open to interested persons or that attend- ance by interested persons may be limited, if the President finds that a wider disclosure would be detrimental to the foreign policy in- terests of the United States. (B) No meetings may be held to develop or carry out a voluntary agreement or plan of ac- tion under this section unless a regular full- time Federal employee is present. (2) Interested persons permitted to attend such a meeting shall be afforded an oppor- tunity to present, in writing and orally, data, views, and arguments at such meetings, sub- ject to any reasonable limitations with re- spect to the manner of presentation of data, views, and arguments as the Secretary may impose. (3) A full and complete record, and where practicable a verbatim transcript, shall be kept of any meeting held, and a full and com- plete record shall be kept of any communica- tion (other than in a meeting) made, between or among participants or potential partici- pants, to develop, or carry out a voluntary agreement or a plan of action under this sec- tion. Such record or transcript shall be depos- ited, together with any agreement resulting therefrom, with the Secretary, and shall be available to the Attorney General and the Federal Trade Commission. Such records or transcripts shall be available for public inspec- tion and copying in accordance with section 552 of title 5; except that (A) matter may not be withheld from disclosure under section 552(b) of such title on grounds other than the grounds specified in section 552(b)(1), (b)(3), or so much of (b)(4) as relates to trade secrets; and (B) in the exercise of authority under sec- tion 552(b)(1), the President shall consult with the Secretary of State, the Secretary, and the Attorney General with respect to questions re- lating to the foreign policy interests of the United States. (4) No provision of this section may be exer- cised so as to prevent representatives of com- mittees of Congress from attending meetings to which this section applies, or from having access to any transcripts, records, and agree- ments kept or made under this section. Such access to any transcript that is required to be kept for any meeting shall be provided as soon as practicable (but not later than 14 days) after that meeting. (d) Participation of Attorney General and Fed- eral Trade Commission in development and carrying out of voluntary agreements and plans of action (1) The Attorney General and the Federal Trade Commission shall participate from the be-