US (United States) Code. Title 15. Chapter 71: Petroleum overcharge distribution and restitution

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 17 páginas
publicidad
publicidad

-CITE-

15 USC CHAPTER 71 - PETROLEUM OVERCHARGE DISTRIBUTION AND

RESTITUTION 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 71 - PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION

.

-HEAD-

CHAPTER 71 - PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION

-MISC1-

Sec.

4501. Restitutionary amounts covered.

(a) In general.

(b) Special rule.

(c) Exclusions.

(d) Escrow accounts.

(e) Interest.

4502. Identification and disbursement of restitutionary amounts.

(a) In general.

(b) to (d) Repealed.

(e) Repeal of subsections (b) to (d); equitable

distribution of escrow remainder to claimants.

4503. Deposit of remainder of excess amount into Treasury as

indirect restitution.

4504. Statute of limitation.

(a) In general.

(b) Exceptions.

(c) Expression of intent.

(d) End of investigations and audits.

(e) Limitation on review.

(f) Oversight.

4505. Reports.

(a) Report on receipts and disbursements.

(b) Report on collection of certain deficiency funds.

(c) Report on amount estimated to be available for

indirect restitution.

(d) Receipt by committees.

4506. Termination.

(a) In general.

(b) Exception.

4507. Definitions.

-CITE-

15 USC Sec. 4501 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 71 - PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION

-HEAD-

Sec. 4501. Restitutionary amounts covered

-STATUTE-

(a) In general

This chapter (other than section 4504 of this title) -

(1) specifies the procedure for the disbursement of funds

collected, including interest thereon, by the Secretary or the

courts pursuant to the Emergency Petroleum Allocation Act of 1973

(15 U.S.C. 751 et seq.) or the Economic Stabilization Act of 1970

(and the regulations issued thereunder) as restitution for actual

or alleged violations of such Acts or regulations; and

(2) subject to subsection (c) of this section, applies to -

(A) any amount of such funds held in escrow by the Secretary

through accounts administered by the Secretary of the Treasury

on or after October 21, 1986; and

(B) any amount of such funds determined at any time, pursuant

to judicial or administrative proceedings (including any

settlement agreement or declaratory judgment) instituted by the

Secretary to enforce such Acts and regulations, to be amounts

paid for such actual or alleged violations, including any such

amounts held in escrow by any court.

(b) Special rule

Amounts described in subsection (a)(2) of this section and held

in an escrow account by a court before October 21, 1986, may

continue to be held by such court but shall be disbursed, together

with any interest thereon, by the Secretary or, as appropriate, by

the court only in accordance with the provisions of this chapter.

(c) Exclusions

Subsection (a)(2) of this section does not apply to -

(1) any amount actually disbursed before October 21, 1986, to

any person or class of persons pursuant to section 155 of Public

Law 97-377 or any final judicial or administrative order or

judgment (including any settlement agreement or declaratory

judgment);

(2) any amount to which any person or class of persons has an

enforceable right, created or vested, or governed by the terms

and conditions of the settlement approved on July 7, 1986, in In

Re: the Department of Energy Stripper Well Exemption Litigation,

M.D.L. No. 378, in the United States District Court for the

District of Kansas; and

(3) any amount designated by judicial or administrative order

or judgment (including any settlement agreement or declaratory

judgment) for disbursement at any time to any specific person or

class of persons -

(A) identified in such order or judgment as injured by the

violation or alleged violation of the Acts described in

subsection (a)(1) of this section (including the regulations

thereunder); or

(B) identified in such order or judgment issued before

October 21, 1986, for indirect restitution.

(d) Escrow accounts

Subject to subsections (b) and (c) of this section, the amounts

covered by subsection (a) of this section shall be held in

appropriate escrow accounts administered for the Secretary by the

Secretary of the Treasury.

(e) Interest

Consistent with the disbursement requirements of this chapter,

the Secretary of the Treasury shall provide that amounts described

in subsection (a) of this section shall earn interest at the

maximum rate earned on investments of Federal trust funds by the

Secretary of the Treasury in short-term and long-term securities

issued by the Federal Government (including minority bank

investments).

-SOURCE-

(Pub. L. 99-509, title III, Sec. 3002, Oct. 21, 1986, 100 Stat.

1881.)

-REFTEXT-

REFERENCES IN TEXT

The Emergency Petroleum Allocation Act of 1973, referred to in

subsec. (a)(1), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as

amended, which was classified generally to chapter 16A (Sec. 751 et

seq.) of this title, was omitted from the Code pursuant to section

760g of this title, which provided for the expiration of the

President's authority under that chapter on Sept. 30, 1981.

The Economic Stabilization Act of 1970, referred to in subsec.

(a)(1), is title II of Pub. L. 91-379, Aug. 15, 1970, 84 Stat. 799,

as amended, formerly set out as an Economic Stabilization

Provisions note under section 1904 of Title 12, Banks and Banking.

Section 155 of Public Law 97-377, referred to in subsec. (c)(1),

is section 155 of Pub. L. 97-377, title I, Dec. 21, 1982, 96 Stat.

1919, which is not classified to the Code.

-MISC2-

SHORT TITLE

Section 3001 of Pub. L. 99-509 provided that: ''This subtitle

(subtitle A (Sec. 3001-3008) of title III of Pub. L. 99-509,

enacting this chapter) may be cited as the 'Petroleum Overcharge

Distribution and Restitution Act of 1986'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4502, 4505, 4506 of this

title.

-CITE-

15 USC Sec. 4502 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 71 - PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION

-HEAD-

Sec. 4502. Identification and disbursement of restitutionary

amounts

-STATUTE-

(a) In general

(1) Subject to paragraph (2) -

(A) all rulings, policies, or other statements (including any

administrative order or settlement agreement) issued after

October 21, 1986, by any office, official, or employee of the

Department of Energy; and

(B) all orders, including declaratory judgments, issued by any

court after October 21, 1986,

shall be consistent with the provisions of this chapter.

(2) Nothing in this section shall affect the settlement approved

on July 7, 1986, in In Re: the Department of Energy Stripper Well

Exemption Litigation, M.D.L. No. 378, in the United States District

Court for the District of Kansas.

(b) to (d) Repealed. Pub. L. 99-509, title III, Sec. 3003(e), as

added Pub. L. 105-277, div. A, Sec. 101(e) (title III, Sec.

337), Oct. 21, 1998, 112 Stat. 2681-231, 2681-295

(e) Repeal of subsections (b) to (d); equitable distribution of

escrow remainder to claimants

Subsections (b), (c), and (d) of this section are repealed, and

any rights that may have arisen are extinguished, on the date of

the enactment of the Department of the Interior and Related

Agencies Appropriations Act, 1999. After that date, the amount

available for direct restitution to current and future refined

petroleum product claimants under this chapter is reduced by the

amounts specified in title II of that Act as being derived from

amounts held in escrow under section 4501(d) of this title. The

Secretary shall assure that the amount remaining in escrow to

satisfy refined petroleum product claims for direct restitution is

allocated equitably among the claimants.

-SOURCE-

(Pub. L. 99-509, title III, Sec. 3003, Oct. 21, 1986, 100 Stat.

1882; Pub. L. 105-277, div. A, Sec. 101(e) (title III, Sec. 337),

Oct. 21, 1998, 112 Stat. 2681-231, 2681-295.)

-REFTEXT-

REFERENCES IN TEXT

The Department of the Interior and Related Agencies

Appropriations Act, 1999, referred to in subsec. (e), is section

101(e) of div. A of Pub. L. 105-277, Oct. 21, 1998, 112 Stat.

2681-231. Provisions of title II of the Act relating to amounts

held in escrow under section 4501(d) of this title (112 Stat.

2681-276) are not classified to the Code. For complete

classification of this Act to the Code, see Tables.

This chapter, referred to in subsec. (e), was in the original

''this Act'', which was translated as meaning this subtitle, which

enacted this chapter, to reflect the probable intent of Congress.

-MISC2-

AMENDMENTS

1998 - Subsecs. (b) to (e). Pub. L. 105-277 added subsec. (e)

which struck out subsec. (b) relating to disbursement of

restitutionary amounts as direct restitution to injured persons,

subsec. (c) relating to determination of excess amount to be used

for indirect restitution, and subsec. (d) relating to disbursement

of excess amount as indirect restitution for energy conservation

programs.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4503, 4505, 4506 of this

title.

-CITE-

15 USC Sec. 4503 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 71 - PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION

-HEAD-

Sec. 4503. Deposit of remainder of excess amount into Treasury as

indirect restitution

-STATUTE-

The amount that remains from the excess amount described in

section 4502(c) (FOOTNOTE 1) of this title after all disbursements

have been made for a fiscal year under section 4502(d) (FOOTNOTE 1)

of this title shall be deposited by the Secretary of the Treasury

into the general fund of the Treasury.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 99-509, title III, Sec. 3004, Oct. 21, 1986, 100 Stat.

1884.)

-REFTEXT-

REFERENCES IN TEXT

Section 4502(c) and (d) of this title, referred to in text, was

repealed by section 4502(e) of this title.

-CITE-

15 USC Sec. 4504 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 71 - PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION

-HEAD-

Sec. 4504. Statute of limitation

-STATUTE-

(a) In general

(1) Except as provided in subsection (b) of this section, the

commencement of a civil enforcement action shall be barred unless

such action is commenced before the later of -

(A) September 30, 1988; or

(B) six years after the date of the violation upon which the

action is based.

(2) For purposes of paragraph (1), the term ''commencement of a

civil enforcement action'' means -

(A) the signing and issuance of a proposed remedial order

against any person for filing with the Office of Hearings and

Appeals of the Department of Energy; or

(B) the filing of a complaint with the appropriate district

court of the United States.

(3) For purposes of this section, the term ''civil enforcement

action'' means an administrative or judicial civil action by the

Secretary under the Emergency Petroleum Allocation Act of 1973 (15

U.S.C. 751 et seq.) or the Economic Stabilization Act of 1970 (or

the regulations issued thereunder) for the enforcement of any

violation of such Acts or regulations.

(b) Exceptions

(1) In computing the periods established in subparagraphs (A) and

(B) of subsection (a)(1) of this section, there shall be excluded

any period -

(A) during which any person who is or may become the subject of

a civil enforcement action is outside the United States, has

absconded or concealed himself, or is not subject to legal

process;

(B) during which facts material to the establishment and

maintenance of a civil enforcement action could not be known;

(C) occurring before full compliance with any subpoena or

special report order issued to any person under section 772 of

this title, and such additional period (not to exceed 12 calendar

months) after such compliance for the Secretary to consider the

results thereof and commence a civil enforcement action;

(D) during the pendency of any relevant criminal action under

the Acts or regulations described in subsection (a)(1) of this

section during which a civil enforcement action is held in

abeyance as a result of prosecutorial discretion and with or

without a stay, and such additional period (not to exceed 12

calendar months) after a final judicial order or dismissal of

such criminal action to commence a civil enforcement action;

(E) before the issuance of an order that constitutes final

agency action on a request for adjustment from any rule,

regulation, or order under section 7194 of title 42, and such

additional period (not to exceed 12 calendar months) to commence

a civil enforcement action; or

(F) of extension, to which the Secretary and the defendant have

consented in writing, before the expiration of the time periods

prescribed in subsection (a)(1) of this section.

(2) The provisions of subsection (a) of this section shall not

affect or apply to any civil enforcement action commenced before,

on, or after October 21, 1986, and remanded by the Office of

Hearings and Appeals, the Federal Energy Regulatory Commission, or

the court for further action of any kind.

(3) The provisions of subsection (a) of this section shall not

apply to any agency orders issued under the Acts or regulations

described in subsection (a)(1) of this section or to regulations

issued under this chapter, other than a proposed remedial order

subject to this section.

(c) Expression of intent

(1) It is the intent of the Congress that -

(A) the Secretary and the Administrator of the Economic

Regulatory Administration shall, to the greatest extent possible

and within the time frames specified on September 12, 1986, by

such Administrator to the Committee on Energy and Commerce of the

House of Representatives, commence civil enforcement actions with

respect to all cases known by such Administrator as of October

21, 1986, and designated by such Administrator as ''prelitigation

cases'', unless such an action is found not to be warranted;

(B) the Secretary and such Administrator not delay civil

enforcement actions so as to cause the limitation in subsection

(a)(1) of this section to apply to any such case;

(C) any negotiations for the purpose of settlement of alleged

violations not delay the commencement of a civil enforcement

action; and

(D) the Department of Justice cooperate in ensuring that

activities necessary, including the enforcement of subpoenas, to

commence civil enforcement actions are carried out in a timely

manner.

(2) Any failure to comply with the time frames described in

paragraph (1)(A) shall not be considered for any purpose in any

administrative or judicial proceeding subsequently commenced.

(d) End of investigations and audits

Notwithstanding any other provision of law, the Secretary shall

not initiate, after January 1, 1987, any audit or investigation of

alleged civil violations of the Acts or regulations described in

subsection (a)(1) of this section for the purpose of commencement

of any civil enforcement action. Nothing in this subsection shall

affect or apply to any audit or investigation conducted with

respect to any civil enforcement action commenced (within the

limitation established by subsection (a)(1) of this section)

before, on, or after October 21, 1986. Nothing in this subsection

shall limit the authority of the Secretary to continue any audit or

investigation initiated before January 1, 1987.

(e) Limitation on review

Any review of a final agency action determined under section 7193

or 7194 of title 42 may not be initiated in any court by any person

subject to such action after -

(1) 60 days after the effective date of that action; or

(2) 90 days after October 21, 1986,

whichever occurs later.

(f) Oversight

(1) In order to ensure the expeditious, effective, and efficient

resolution of all civil enforcement actions (whether or not in

administrative or judicial litigation) and all cases pending at the

Office of Hearings and Appeals under subpart V regulations, the

Secretary shall -

(A) maintain a personnel level for the compliance program of

the Economic Regulatory Administration of 170 full-time

equivalents for fiscal year 1987, subject to normal attrition and

subject to the provisions of any appropriation Act enacted for

such fiscal year concerning such program; and

(B) maintain for the remainder of the program an adequate mix

of lawyers, auditors, technical, clerical, and administrative

personnel.

(2) By July 1, 1987, and by July 1 of each year thereafter, the

Administrator of the Economic Regulatory Administration shall

provide to the Committee on Energy and Commerce of the House of

Representatives and to the Committee on Energy and Natural

Resources of the Senate the full-time equivalent level necessary

for such compliance program for the next fiscal year and the basis

for that level.

(3) The Secretary shall, in any fiscal year, provide a notice of

at least 30 days to such Committees before initiating any reduction

of force at the Economic Regulatory Administration. Such notice

shall provide at least -

(A) the reasons for such reduction;

(B) the impact on the mix of personnel and on all cases,

whether or not in litigation, including the subpart V regulation

proceedings; and

(C) the expected costs and savings for the applicable fiscal

year.

(4) The Administrator of the Economic Regulatory Administration

shall keep such Committees fully and currently informed about the

status (including delays, settlement negotiations, and other

pertinent matters) of all enforcement cases (whether or not in

litigation) and subpart V regulation proceedings.

-SOURCE-

(Pub. L. 99-509, title III, Sec. 3005, Oct. 21, 1986, 100 Stat.

1884.)

-REFTEXT-

REFERENCES IN TEXT

The Emergency Petroleum Allocation Act of 1973, referred to in

subsec. (a)(3), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as

amended, which was classified generally to chapter 16A (Sec. 751 et

seq.) of this title, was omitted from the Code pursuant to section

760g of this title, which provided for the expiration of the

President's authority under that chapter on Sept. 30, 1981.

The Economic Stabilization Act of 1970, referred to in subsec.

(a)(3), is title II of Pub. L. 91-379, Aug. 15, 1970, 84 Stat. 799,

as amended, formerly set out as an Economic Stabilization

Provisions note under section 1904 of Title 12, Banks and Banking.

This chapter, referred to in subsec. (b)(3), was in the original

''this Act'', which was translated as meaning this subtitle, which

enacted this chapter, to reflect the probable intent of Congress.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4501, 4506 of this title.

-CITE-

15 USC Sec. 4505 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 71 - PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION

-HEAD-

Sec. 4505. Reports

-STATUTE-

(a) Report on receipts and disbursements

The Secretary shall transmit, not later than 60 days after

October 21, 1986, a report to the committees referred to in

subsection (d) of this section containing a clear and complete

statement of all receipts, disbursements, and commitments of

restitutionary amounts, as of October 21, 1986, by the Secretary

pursuant to -

(1) any judicial or administrative proceeding (including any

settlement agreement or declaratory judgment) instituted at any

time by the Secretary to enforce the crude oil and petroleum

product pricing and allocation regulations issued under the

Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 751 et

seq.) or the Economic Stabilization Act of 1970; or

(2) section 155 of Public Law 97-377.

(b) Report on collection of certain deficiency funds

The Secretary shall transmit a report each fiscal year, beginning

in fiscal year 1987, to such committees on the status of

collections by the Secretary of deficiency funds to be deposited

into the M.D.L. No. 378 escrow account established by the United

States District Court for the District of Kansas until all such

deficiency funds have been paid. The Secretary shall, in a manner

substantially similar to that required by section 155 of Public Law

97-377 with respect to amounts disbursed under such section,

monitor the disposition by the States of any funds disbursed to the

States by the court pursuant to the opinion and order of such

District Court, dated July 7, 1986, with respect to In Re: the

Department of Energy Stripper Well Exemption Litigation, M.D.L. No.

378, including the use of such funds for administrative costs and

attorneys fees.

(c) Report on amount estimated to be available for indirect

restitution

The Secretary shall transmit, on March 1 of each year beginning

with 1987 and continuing until all the restitutionary amounts to

which section 4501(a) of this title applies have been collected and

disbursed as provided in this chapter, a report to such committees

containing an estimate of the amount that will be determined under

section 4502(c) (FOOTNOTE 1) of this title to be the excess amount

for purposes of section 4502(d)(1)(B) (FOOTNOTE 1) of this title

for the fiscal year beginning the next October 1.

(FOOTNOTE 1) See References in Text note below.

(d) Receipt by committees

The reports required by this chapter shall be transmitted to the

Committee on Energy and Commerce of the House of Representatives

and the Committee on Energy and Natural Resources of the Senate.

-SOURCE-

(Pub. L. 99-509, title III, Sec. 3006, Oct. 21, 1986, 100 Stat.

1886.)

-REFTEXT-

REFERENCES IN TEXT

The Emergency Petroleum Allocation Act of 1973, referred to in

subsec. (a)(1), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as

amended, which was classified generally to chapter 16A (Sec. 751 et

seq.) of this title, was omitted from the Code pursuant to section

760g of this title, which provided for the expiration of the

President's authority under that chapter on Sept. 30, 1981.

The Economic Stabilization Act of 1970, referred to in subsec.

(a)(1), is title II of Pub. L. 91-379, Aug. 15, 1970, 84 Stat. 799,

as amended, formerly set out as an Economic Stabilization

Provisions note under section 1904 of Title 12, Banks and Banking.

Section 155 of Public Law 97-377, referred to in subsecs. (a)(2),

(b), is section 155 of Pub. L. 97-377, title I, Dec. 21, 1982, 96

Stat. 1919, which is not classified to the Code.

Section 4502(c) and (d) of this title, referred to in subsec.

(c), was repealed by section 4502(e) of this title.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4506 of this title.

-CITE-

15 USC Sec. 4506 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 71 - PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION

-HEAD-

Sec. 4506. Termination

-STATUTE-

(a) In general

(1) Except as provided in subsection (b) of this section, the

provisions of this chapter (other than section 4504 of this title)

shall terminate 90 days after the Secretary -

(A) determines that all of the restitutionary amounts to which

section 4501(a) of this title applies have been collected and

disbursed as provided in this chapter; and

(B) submits to Congress the final report required by section

4505 of this title.

(2) Such final report shall include the determination (and the

justification thereof) described in paragraph (1)(A). Such report

shall also be published in the Federal Register.

(b) Exception

The requirements of section 4502(d) (FOOTNOTE 1) of this title

shall continue to be applicable to the use of restitutionary

amounts received under this chapter as long as such funds remain

available.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 99-509, title III, Sec. 3007, Oct. 21, 1986, 100 Stat.

1887.)

-REFTEXT-

REFERENCES IN TEXT

Section 4502(d) of this title, referred to in subsec. (b), was

repealed by section 4502(e) of this title.

-CITE-

15 USC Sec. 4507 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 71 - PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION

-HEAD-

Sec. 4507. Definitions

-STATUTE-

For purposes of this chapter:

(1) The term ''Secretary'' means the Secretary of Energy.

(2) The term ''subpart V regulations'' means the provisions of

Subpart V - Special Procedures for Distribution of Refunds (10

CFR 205.280-205.288) and any amendment made after October 21,

1986, and all precedents and decisions under such regulations,

but only to the extent that such provisions, precedents,

decisions, and amendments are consistent with the provisions of

this chapter.

(3) The term ''energy conservation programs'' means -

(A) the program under part A of the Energy Conservation and

Existing Buildings Act of 1976 (42 U.S.C. 6861 and following);

(B) the programs under part D of title III of the Energy

Policy and Conservation Act (relating to primary and

supplemental State energy conservation programs; 42 U.S.C. 6321

and following);

(C) the program under part G of title III of the Energy

Policy and Conservation Act (relating to energy conservation

for schools and hospitals; 42 U.S.C. 6371 and following); and

(D) the program under the National Energy Extension Service

Act (42 U.S.C. 7001 and following).

(4) The term ''person'' includes refiners, retailers,

resellers, farmer cooperatives, transportation entities, public

and private utilities, school districts, Federal, State, and

local governmental entities, farmers, and other individuals and

their successors.

(5) The term ''State'' means each of the several States, the

District of Columbia, the commonwealth of Puerto Rico, and any

territory or possession of the United States.

-SOURCE-

(Pub. L. 99-509, title III, Sec. 3008, Oct. 21, 1986, 100 Stat.

1887.)

-REFTEXT-

REFERENCES IN TEXT

The Energy Conservation and Existing Buildings Act of 1976,

referred to in par. (3)(A), probably means the Energy Conservation

and Existing Buildings Act of 1976, which is title IV of Pub. L.

94-385, Aug. 14, 1976, 90 Stat. 1150, as amended. Part A of the

Energy Conservation and Existing Buildings Act of 1976, is

classified generally to part A (Sec. 6861 et seq.) of subchapter

III of chapter 81 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 6801 of Title 42 and Tables.

The Energy Policy and Conservation Act, referred to in par.

(3)(B), (C), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as

amended. Parts D and G of title III of the Energy Policy and

Conservation Act are classified generally to parts B (Sec. 6321 et

seq.) and E (Sec. 6371 et seq.), respectively, of subchapter III of

chapter 77 of Title 42. For complete classification of this Act to

the Code, see Short Title note set out under section 6201 of Title

42 and Tables.

The National Energy Extension Service Act, referred to in par.

(3)(D), is title V of Pub. L. 95-39, June 3, 1977, 91 Stat. 191, as

amended, which was classified principally to chapter 83 (Sec. 7001

et seq.) of Title 42 and was repealed by Pub. L. 102-486, title I,

Sec. 143(a), Oct. 24, 1992, 106 Stat. 2843. For complete

classification of this Act to the Code, see Short Title note set

out under section 7001 of Title 42 and Tables.

-CITE-