
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6212]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER I--DOMESTIC SUPPLY AVAILABILITY
 
                         Part A--Domestic Supply
 
Sec. 6212. Domestic use of energy supplies and related materials 
        and equipment
        

(a) Export restrictions

    The President may, by rule, under such terms and conditions as he 
determines to be appropriate and necessary to carry out the purposes of 
this chapter, restrict exports of--
        (1) coal, petroleum products, natural gas, or petrochemical 
    feedstocks, and
        (2) supplies of materials or equipment which he determines to be 
    necessary (A) to maintain or further exploration, production, 
    refining, or transportation of energy supplies, or (B) for the 
    construction or maintenance of energy facilities within the United 
    States.

(b) Exemptions

    (1) The President shall exercise the authority provided for in 
subsection (a) of this section to promulgate a rule prohibiting the 
export of crude oil and natural gas produced in the United States, 
except that the President may, pursuant to paragraph (2), exempt from 
such prohibition such crude oil or natural gas exports which he 
determines to be consistent with the national interest and the purposes 
of this chapter.
    (2) Exemptions from any rule prohibiting crude oil or natural gas 
exports shall be included in such rule or provided for in an amendment 
thereto and may be based on the purpose for export, class of seller or 
purchaser, country of destination, or any other reasonable 
classification or basis as the President determines to be appropriate 
and consistent with the national interest and the purposes of this 
chapter.

(c) Implementing restrictions

    In order to implement any rule promulgated under subsection (a) of 
this section, the President may request and, if so, the Secretary of 
Commerce shall, pursuant to the procedures established by the Export 
Administration Act of 1979 [50 App. U.S.C. 2401 et seq.] (but without 
regard to the phrase ``and to reduce the serious inflationary impact of 
foreign demand'' in section 3(2)(C) of such Act [50 App. U.S.C. 
2402(2)(C)]), impose such restrictions as specified in any rule under 
subsection (a) of this section on exports of coal, petroleum products, 
natural gas, or petrochemical feedstocks, and such supplies of materials 
and equipment.

(d) Restrictions and national interest

    Any finding by the President pursuant to subsection (a) or (b) of 
this section and any action taken by the Secretary of Commerce pursuant 
thereto shall take into account the national interest as related to the 
need to leave uninterrupted or unimpaired--
        (1) exchanges in similar quantity for convenience or increased 
    efficiency of transportation with persons or the government of a 
    foreign state,
        (2) temporary exports for convenience or increased efficiency of 
    transportation across parts of an adjacent foreign state which 
    exports reenter the United States, and
        (3) the historical trading relations of the United States with 
    Canada and Mexico.

(e) Waiver of notice and comment period

    (1) The provisions of subchapter II of chapter 5 of title 5 shall 
apply with respect to the promulgation of any rule pursuant to this 
section, except that the President may waive the requirement pertaining 
to the notice of proposed rulemaking or period for comment only if he 
finds that compliance with such requirements may seriously impair his 
ability to impose effective and timely prohibitions on exports.
    (2) In the event such notice and comment period are waived with 
respect to a rule promulgated under this section, the President shall 
afford interested persons an opportunity to comment on any such rule at 
the earliest practicable date thereafter.
    (3) If the President determines to request the Secretary of Commerce 
to impose specified restrictions as provided for in subsection (c) of 
this section, the enforcement and penalty provisions of the Export 
Administration Act of 1969 shall apply, in lieu of this chapter, to any 
violation of such restrictions.

(f) Quarterly reports to Congress

    The President shall submit quarterly reports to the Congress 
concerning the administration of this section and any findings made 
pursuant to subsection (a) or (b) of this section.

(Pub. L. 94-163, title I, Sec. 103, Dec. 22, 1975, 89 Stat. 877; Pub. L. 
96-72, Sec. 22(b)(1), Sept. 29, 1979, 93 Stat. 535.)

                       References in Text

    This chapter, referred to in subsecs. (a), (b), and (e)(3), was in 
the original ``this Act'', meaning Pub. L. 94-163, Dec. 22, 1975, 89 
Stat. 871, as amended, known as the Energy Policy and Conservation Act. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 6201 of this title and Tables.
    The Export Administration Act of 1979, referred to in subsec. (c), 
is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended, which is 
classified principally to section 2401 et seq. of Title 50, Appendix, 
War and National Defense. For complete classification of this Act to the 
Code, see Short Title note set out under section 2401 of Title 50, 
Appendix, and Tables.
    The Export Administration Act of 1969, referred to in subsec. 
(e)(3), is Pub. L. 91-184, Dec. 30, 1969, 83 Stat. 841, as amended, 
which was formerly classified to sections 2401 to 2413 of Title 50, 
Appendix, and was terminated on Sept. 30, 1979, pursuant to the terms of 
that Act.


                               Amendments

    1979--Subsec. (c). Pub. L. 96-72 substituted ``1979'' for ``1969'' 
and ``(C)'' for ``(A)''.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-72 effective upon expiration of Export 
Administration Act of 1969, which terminated on Sept. 30, 1979, or upon 
any prior date which Congress by concurrent resolution or President by 
proclamation designated, see section 2418 of the Appendix to Title 50, 
War and National Defense.

                  Section Referred to in Other Sections

    This section is referred to in sections 6271, 6393 of this title; 
title 15 section 719j.
