---
kind: "section"
citation: "42 U.S.C. § 6247a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6247a"
heading: "Use of underutilized facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6247a"
units:
  - "Chapter 77 — Energy Conservation"
  - "Subchapter I — Domestic Supply Availability"
  - "Part B — Strategic Petroleum Reserve"
---

# §6247a. Use of underutilized facilities

- (a) **Authority—** Notwithstanding any other provision of this subchapter, the [Secretary](/usc/42/6202.md?p=1), by lease or otherwise, for any term and under such other conditions as the [Secretary](/usc/42/6202.md?p=1) considers necessary or appropriate, may store in underutilized [Strategic Petroleum Reserve](/usc/42/6232.md?p=11) facilities [petroleum product](/usc/42/6202.md?p=3)[^1] owned by a foreign government or its representative. [Petroleum products](/usc/42/6202.md?p=3) stored under this section are not part of the [Strategic Petroleum Reserve](/usc/42/6232.md?p=11) and may be exported without license from the [United States](/usc/42/6202.md?p=5).
- (b) **Protection of facilities—** All agreements entered into pursuant to [subsection (a)](#a) shall contain provisions providing for fees to fully compensate the [United States](/usc/42/6202.md?p=5) for all related costs of storage and removals of [petroleum products](/usc/42/6202.md?p=3) (including the proportionate cost of replacement facilities necessitated as a result of any withdrawals) incurred by the [United States](/usc/42/6202.md?p=5) on behalf of the foreign government or its representative.
- (c) **Access to stored oil—** The [Secretary](/usc/42/6202.md?p=1) shall ensure that agreements to store [petroleum products](/usc/42/6202.md?p=3) for foreign governments or their representatives do not impair the ability of the [United States](/usc/42/6202.md?p=5) to withdraw, distribute, or sell [petroleum products](/usc/42/6202.md?p=3) from the [Strategic Petroleum Reserve](/usc/42/6232.md?p=11) in response to an [energy](/usc/42/6291.md?p=3) emergency or to the obligations of the [United States](/usc/42/6202.md?p=5) under the Agreement on an [International Energy Program](/usc/42/6202.md?p=7).
- (d) **Availability of funds—** Funds collected through the leasing of [Strategic Petroleum Reserve](/usc/42/6232.md?p=11) facilities authorized by [subsection (a)](#a) after September 30, 2007, shall be used by the [Secretary](/usc/42/6202.md?p=1) of [Energy](/usc/42/6291.md?p=3) without further appropriation for the purchase of [petroleum products](/usc/42/6202.md?p=3) for the [Strategic Petroleum Reserve](/usc/42/6232.md?p=11).

## Footnotes

[^1]: So in original. Probably should be “products”.

## Source credit

(Pub. L. 94–163, title I, § 168, as added Pub. L. 105–33, title IX, § 9303(a), Aug. 5, 1997, 111 Stat. 676.)

## Notes

### Editorial Notes

### References in Text

This subchapter, referred to in subsec. (a), was in the original “this title”, meaning title I of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 875, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables.