US (United States) Code. Title 42. Chapter 77: Energy conservation

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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

-CITE-

42 USC CHAPTER 77 - ENERGY CONSERVATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

-MISC1-

CHAPTER 77 - ENERGY CONSERVATION

-MISC1-

Sec.

6201. Congressional statement of purpose.

6202. Definitions.

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

PART A - DOMESTIC SUPPLY

6211. Repealed.

6212. Domestic use of energy supplies and related materials

and equipment.

(a) Export restrictions.

(b) Exemptions.

(c) Implementing restrictions.

(d) Restrictions and national interest.

(e) Waiver of notice and comment period.

6213. Certain lease bidding arrangements prohibited.

(a) Promulgation of rule by Secretary of the

Interior.

(b) Definitions.

(c) Exemptions.

(d) Unitization of producing fields.

(e) Report to Congress covering extension of

restrictions on joint bidding.

6214. Repealed.

6215. Major fuel burning stationary source.

(a) Restrictions on issuance of orders or rules by

Governor pursuant to section 7425 of this

title.

(b) Petition to President.

(c) Action to be taken by President.

(d) Effect on authority of President to allocate

coal or coal derivatives.

(e) Definitions.

6216. Annual Home Heating Readiness Reports.

(a) In general.

(b) Contents.

(c) Information requests.

6217. Scientific inventory of oil and gas reserves.

(a) In general.

(b) Regular update.

(c) Inventory.

(d) Authorization of appropriations.

PART B - STRATEGIC PETROLEUM RESERVE

6231. Congressional finding and declaration of policy.

6232. Definitions.

6233. Repealed.

6234. Strategic Petroleum Reserve.

(a) Establishment.

(b) Authority of Secretary.

(c) to (e) Repealed.

(f) Purpose of drawdown and distribution; requests

for funds for storage.

6235 to 6238. Repealed.

6239. Development, operation, and maintenance of the

Reserve.

(a) to (e) Repealed.

(f) Powers of Secretary to develop and operate the

Strategic Petroleum Reserve.

(g) Acquisition of property by negotiation as

prerequisite to condemnation.

(h), (i) Repealed.

(j) Expansion beyond 700,000,000 barrels.

(k) Exemption from subtitle IV of title 49.

(l) Rulemaking during drawdown and sale.

6240. Petroleum products for storage, transport, or

exchange.

(a) Eligibility of petroleum products.

(b) Objectives in determining manner of

acquisition.

(c) to (e) Repealed.

(f) Predrawdown diversion.

(g) Repealed.

(h) Purchase from stripper well properties.

6241. Drawdown and sale of petroleum products.

(a) Power of Secretary.

(b), (c) Repealed.

(d) Presidential finding prerequisite to drawdown

and sale.

(e) Sales procedures.

(f) Repealed.

(g) Directive to carry out test drawdown and sale.

(h) Prevention or reduction of adverse impact of

severe domestic energy supply interruptions.

(i) Exchange of withdrawn products.

(j) Purchases from Strategic Petroleum Reserve by

entities in insular areas of United States and

Freely Associated States.

6242. Coordination with import quota system.

6243. Records and accounts.

(a) Preparation and maintenance.

(b) Audit of operations of storage facility.

(c) Access to and inspection of records or accounts

and storage facilities.

6244. Repealed.

6245. Annual report.

6246. Authorization of appropriations.

6247. SPR Petroleum Account.

(a) Establishment.

(b) Obligation of funds for acquisition,

transportation, and injection of petroleum

products into SPR.

(c) Provision and deposit of funds.

(d) Off-budgeting procedures.

6247a. Use of underutilized facilities.

(a) Authority.

(b) Protection of facilities.

(c) Access to stored oil.

(d) Availability of funds.

6247b. Purchase of oil from marginal wells.

(a) In general.

(b) Definition of marginal well.

PART C - AUTHORITY TO CONTRACT FOR PETROLEUM PRODUCT NOT OWNED BY

UNITED STATES

6249. Contracting for petroleum product and facilities.

(a) In general.

(b) Conditions.

(c) Charge for storage.

(d) Duration.

(e) Binding arbitration.

(f) Availability of funds.

6249a. Implementation.

(a), (b) Repealed.

(c) Legal status regarding other law.

(d) Return of product.

6249b. Repealed.

6249c. Contracts for which implementing legislation is

needed.

(a) In general.

(b) Consultation.

(c) Effective date.

(d) Rules of Senate.

(e) Introduction and referral in Senate.

(f) Consideration of amendments to implementing

bill prohibited in Senate.

(g) Discharge in Senate.

(h) Floor consideration in Senate.

PART D - NORTHEAST HOME HEATING OIL RESERVE

6250. Establishment.

6250a. Authority.

6250b. Conditions for release; plan.

(a) Finding.

(b) Definition.

(c) Continuing evaluation.

(d) Release of petroleum distillate.

(e) Plan.

6250c. Northeast Home Heating Oil Reserve Account.

(a) Establishment.

(b) Deposits.

(c) Obligation of amounts.

6250d. Exemptions.

6250e. Authorization of appropriations.

PART E - EXPIRATION

6251. Expiration.

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

PART A - GENERAL EMERGENCY AUTHORITIES

6261 to 6264. Repealed.

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.

(b) Prerequisites to rule taking effect; time rule

may be put into effect or remain in effect.

(c) Consistency of rule with attainment of

objectives specified in section 753(b)(1) of

title 15; limitation on authority of officers

or agencies of United States.

(d) Nonapplicability of export restrictions under

other laws.

(e) Prerequisites for effectiveness of rule.

6272. International voluntary agreements.

(a) Exclusiveness of section's requirements.

(b) Prescription by Secretary of standards and

procedures for developing and carrying out

voluntary agreements and plans of action.

(c) Requirements for standards and procedures.

(d) Participation of Attorney General and Federal

Trade Commission in development and carrying

out of voluntary agreements and plans of

action.

(e) Monitoring of development and carrying out of

voluntary agreements and plans of action by

Attorney General and Federal Trade Commission.

(f) Defense to civil or criminal antitrust actions.

(g) Acts or practices occurring prior to date of

enactment of chapter or subsequent to its

expiration or repeal.

(h) Applicability of Defense Production Act of

1950.

(i) Reports by Attorney General and Federal Trade

Commission to Congress and President.

(j) Defense in breach of contract actions.

(k) Definitions.

(l) Applicability of antitrust defense.

(m) Limitation on new plans of action.

(n) Joint resolution of disapproval.

6273. Advisory committees.

(a) Authority of Secretary to establish;

applicability of section 17 of Federal Energy

Administration Act of 1974; chairman;

inclusion of representatives of public; public

meetings; notice of meeting to Attorney

General and Federal Trade Commission;

attendance and participation of their

representatives.

(b) Transcript of meetings.

(c) Suspension of application of certain

requirements by President.

6274. Exchange of information with International Energy

Agency.

(a) Submission of information by Secretary to

Secretary of State; transmittal to Agency;

aggregation and reporting of geological or

geophysical information, trade secrets, or

commercial or financial information;

availability of such information during

international energy supply emergency;

certification by President that Agency has

adopted security measures; review of

compliance of other nations with program;

petition to President for changes in

procedure.

(b) Halting transmittal of information that would

prejudice competition, violate antitrust laws,

or be inconsistent with security interests.

(c) Information protected by statute.

(d) Continuation of authority to collect data under

Energy Supply and Environmental Coordination

Act and Federal Energy Administration Act of

1974.

(e) Limitation on disclosure contained in other

laws.

6275. Relationship between standby emergency authorities and

international energy program.

6276. Domestic renewable energy industry and related service

industries.

(a) Purpose.

(b) Evaluation; report to Congress.

(c) Program for enhancing commerce in renewable

energy technologies; funding.

(d) Interagency working group.

(e) Omitted.

(f) Functions of interagency working group; plan to

increase United States exports of renewable

energy and energy efficiency technologies.

(g) Repealed.

(h) Authorization of appropriations.

PART C - ENERGY EMERGENCY PREPAREDNESS [REPEALED]

6281, 6282. Repealed.

6283. Summer fill and fuel budgeting programs.

(a) Definitions.

(b) Assistance.

(c) Preference.

(d) Authorization of appropriations.

(e) Inapplicability of expiration provision.

PART D - EXPIRATION

6285. Expiration.

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

PART A - ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER

THAN AUTOMOBILES

6291. Definitions.

6292. Coverage.

(a) In general.

(b) Special classification of consumer product.

6293. Test procedures.

(a) General rule.

(b) Amended and new procedures.

(c) Restriction on certain representations.

(d) Case in which test procedure is not required.

(e) Amendment of standard.

6294. Labeling.

(a) In general.

(b) Rules in effect; new rules.

(c) Content of label.

(d) Effective date.

(e) Study of certain products.

(f) Consultation.

(g) Other authority of the Commission.

6295. Energy conservation standards.

(a) Purposes.

(b) Standards for refrigerators,

refrigerator-freezers, and freezers.

(c) Standards for room air conditioners.

(d) Standards for central air conditioners and heat

pumps.

(e) Standards for water heaters; pool heaters;

direct heating equipment.

(f) Standards for furnaces.

(g) Standards for dishwashers; clothes washers;

clothes dryers; fluorescent lamp ballasts.

(h) Standards for kitchen ranges and ovens.

(i) General service fluorescent lamps and

incandescent reflector lamps.

(j) Standards for showerheads and faucets.

(k) Standards for water closets and urinals.

(l) Standards for other covered products.

(m) Further rulemaking.

(n) Petition for amended standard.

(o) Criteria for prescribing new or amended

standards.

(p) Procedure for prescribing new or amended

standards.

(q) Special rule for certain types or classes of

products.

(r) Inclusion in standards of test procedures and

other requirements.

(s) Determination of compliance with standards.

(t) Small manufacturer exemption.

6296. Requirements of manufacturers.

(a) In general.

(b) Notification.

(c) Deadline.

(d) Information requirements.

6297. Effect on other law.

(a) Preemption of testing and labeling

requirements.

(b) General rule of preemption for energy

conservation standards before Federal standard

becomes effective for product.

(c) General rule of preemption for energy

conservation standards when Federal standard

becomes effective for product.

(d) Waiver of Federal preemption.

(e) Exception for certain State procurement

standards.

(f) Exception for certain building code

requirements.

(g) No warranty.

6298. Rules.

6299. Authority to obtain information.

(a) In general.

(b) Confidentiality.

6300. Exports.

6301. Imports.

6302. Prohibited acts.

(a) In general.

(b) "New covered product" defined.

6303. Enforcement.

(a) In general.

(b) "Knowingly" defined.

(c) Special rule.

(d) Procedure for assessing penalty.

6304. Injunctive enforcement.

6305. Citizen suits.

(a) Civil actions; jurisdiction.

(b) Limitation.

(c) Right to intervene.

(d) Award of costs of litigation.

(e) Preservation of other relief.

(f) Compliance in good faith.

6306. Administrative procedure and judicial review.

(a) Procedure for prescription of rules.

(b) Petition by persons adversely affected by

rules; effect on other laws.

(c) Jurisdiction.

6307. Consumer education.

(a) In general.

(b) State and local incentive programs.

6308. Annual report.

6309. Authorization of appropriations.

(a) Authorizations for Secretary.

(b) Authorizations for Commission.

(c) Other authorizations.

PART A-1 - CERTAIN INDUSTRIAL EQUIPMENT

6311. Definitions.

6312. Purposes and coverage.

(a) Congressional statement of purpose.

(b) Inclusion of industrial equipment as covered

equipment.

(c) Inclusion of component parts of consumer

products as industrial equipment.

6313. Standards.

(a) Small and large commercial package air

conditioning and heating equipment, packaged

terminal air conditioners and heat pumps,

warm-air furnaces, packaged boilers, storage

water heaters, instantaneous water heaters,

and unfired hot water storage tanks.

(b) Electric motors.

6314. Test procedures.

(a) Prescription by Secretary; requirements.

(b) Publication in Federal Register; presentment of

oral and written data, views, and arguments by

interested persons.

(c) Reevaluations.

(d) Prohibited representations.

(e) Assistance by National Institute of Standards

and Technology.

6315. Labeling.

(a) Prescription by Secretary.

(b) Disclosure of energy efficiency of articles of

covered equipment.

(c) Inclusion of requirements.

(d) Labeling rules applicable to electric motors.

(e) Labeling rules for air conditioning and heating

equipment.

(f) Consultation with Federal Trade Commission.

(g) Publication in Federal Register; presentment of

oral and written data, views, and arguments of

interested persons.

(h) Restrictions on Secretary's authority to

promulgate rules.

(i) Tests for accuracy of information contained on

labels.

(j) Products completed prior to effective date of

rules.

(k) Labeling authority under Federal Trade

Commission Act.

6316. Administration, penalties, enforcement, and

preemption.

6317. Energy conservation standards for high-intensity

discharge lamps, distribution transformers, and small

electric motors.

(a) High-intensity discharge lamps and distribution

transformers.

(b) Small electric motors.

(c) Consideration of criteria under other law.

(d) Prescription of labeling requirements by

Secretary.

(e) Compliance by manufacturers with labeling

requirements.

(f) New covered products; distribution of

non-conforming products prohibited;

construction with other law.

PART B - STATE ENERGY CONSERVATION PLANS

6321. Congressional findings and declaration of purpose.

6322. State energy conservation plans.

(a) Feasibility reports.

(b) Guidelines.

(c) Mandatory features of plans.

(d) Optional features of plans.

(e) Standby plans.

(f) Energy Technology Commercialization Services

Program.

6323. Federal assistance to States.

(a) Information, technical assistance, and

assistance in preparation of reports and

development, implementation, or modification

of energy conservation plan.

(b) Financial assistance to assist State in

development, implementation, or modification

of energy conservation plan; submission of

plan to and approval of Secretary;

considerations governing approval; amount of

assistance.

(c) Records.

(d) Assistance as supplementing and not supplanting

State and local funds.

(e) Energy emergency planning program as

prerequisite to assistance.

(f) State buildings energy efficiency improvements

incentive fund.

6323a. Matching State contributions.

6324. State energy efficiency goals.

6325. General provisions.

(a) Rules.

(b) Departmental consultation.

(c) Annual report.

(d) Duty of Federal Trade Commission to prevent

unfair or deceptive practices or acts relating

to implementation of energy measures.

(e) List of energy measures eligible for financial

assistance; designation of types and

requirements of energy audits.

(f) Authorization of appropriations.

(g) State Energy Advisory Board.

6326. Definitions.

6327. Repealed.

PART C - INDUSTRIAL ENERGY CONSERVATION

6341 to 6347. Repealed or Omitted.

6348. Energy efficiency in industrial facilities.

(a) Grant program.

(b) Award program.

(c) Report on industrial reporting and voluntary

targets.

6349. Process-oriented industrial energy efficiency.

(a) Definitions.

(b) Grant program.

(c) Other Federal assistance.

(d) Authorization of appropriations.

6350. Industrial insulation and audit guidelines.

(a) Voluntary guidelines for energy efficiency

auditing and insulating.

(b) Educational and technical assistance.

PART D - OTHER FEDERAL ENERGY CONSERVATION MEASURES

6361. Federal energy conservation programs.

(a) Establishment and coordination of Federal

agency actions.

(b) Public education programs.

(c) Omitted.

(d) Applicability of plan to Executive agencies.

(e) Authorization of appropriations.

6362. Energy conservation policies and practices.

(a) "Agency" defined.

(b) Statement of probable impact of major

regulatory action on energy efficiency.

(c) Application of provisions to authority

exercised to protect public health and safety.

6363. Federal actions with respect to recycled oil.

(a) Purpose.

(b) Definitions.

(c) Test procedures for determining substantial

equivalency of recycled oil and new oil.

(d) Promulgation of rules prescribing test

procedures and labeling standards.

(e) Labeling standards.

(f) Conformity of acts of Federal officials to

Commission rules.

PART E - ENERGY CONSERVATION PROGRAM FOR SCHOOLS AND HOSPITALS

6371. Definitions.

6371a. Guidelines.

(a) Energy audits.

(b) State plans for implementation of energy

conservation projects in schools and

hospitals.

(c) Revisions.

(d) Determination of severe hardship class for

schools and hospitals.

6371b. Preliminary energy audits and energy audits.

(a) Application by Governor.

(b) Grants for conduct of preliminary energy

audits.

(c) Grants for conduct of energy audits.

(d) Audits conducted prior to grant of financial

assistance.

(e) Restriction on use of funds; grant covering

total cost of energy audits.

6371c. State plans.

(a) Invitation to State energy agency to submit

plan; contents.

(b) Approval of plans.

(c) Development and implementation of approved

plans; submission of proposed State plan.

6371d. Applications for financial assistance.

(a) Limitation on number of applications by States,

schools, and hospitals; submittal to State

energy agency.

(b) Required information.

(c) Conditions for financial assistance;

applications consistent with related State

programs and health plans.

(d) Compliance required for approval; reasons for

disapproval; resubmittal; amendment.

(e) Suspension of further assistance for failure to

comply.

6371e. Grants for project costs and technical assistance.

(a) Authorization of Secretary; project costs.

(b) Restrictions on use of funds.

(c) Allocation requirements.

(d) Technical assistance costs.

6371f. Authorization of appropriations.

6371g. Allocation of grants.

(a) Section 6371e grants.

(b) Restrictions on allocations to States.

(c) Prescription of rules governing allocations

among States with regard to energy audits.

(d) Prescription of rules limiting allocations to

States for administrative expenses.

(e) Reallocations.

6371h. Administration; detailed description in annual report.

6371i. Records.

6371j. Application of sections 3141-3144, 3146, and 3147 of

title 40.

PART F - ENERGY CONSERVATION PROGRAM FOR BUILDINGS OWNED BY UNITS

OF LOCAL GOVERNMENT AND PUBLIC CARE INSTITUTIONS

6372. Definitions.

6372a. Guidelines.

(a) Energy audits.

(b) Implementation of technical assistance

programs.

(c) Revisions.

6372b. Preliminary energy audits and energy audits.

(a) Application by Governor.

(b) Grants for conduct of preliminary energy

audits.

(c) Application by Governor, unit of local

government or public care institution.

(d) Grants for conduct of energy audits.

(e) Audits conducted prior to grant of financial

assistance.

(f) Restriction on use of funds.

6372c. State plans.

6372d. Applications for grants for technical assistance.

(a) Limitation on number of applications by units

of local government and public care

institutions; submittal to State energy

agency.

(b) Required information.

(c) Compliance required for approval; reasons for

disapproval; resubmittal; amendment.

(d) Suspension of further assistance for failure to

comply.

6372e. Grants for technical assistance.

(a) Authorization of Secretary.

(b) Restriction on use of funds.

(c) Allocation requirements.

(d) Prescription of rules limiting allocations to

States for administrative expenses.

6372f. Authorization of appropriations.

6372g. Allocation of grants.

6372h. Administration; detailed description in annual report.

6372i. Records.

PART G - OFF-HIGHWAY MOTOR VEHICLES

6373. Off-highway motor vehicles.

PART H - ENCOURAGING USE OF ALTERNATIVE FUELS

6374. Alternative fuel use by light duty Federal vehicles.

(a) Department of Energy program.

(b) Studies.

(c) Availability to public.

(d) Federal agency use of demonstration vehicles.

(e) Detail of personnel.

(f) Exemptions.

(g) Definitions.

(h) Funding.

6374a. Alternative fuels truck commercial application

program.

(a) Establishment.

(b) Funding.

6374b. Alternative fuels bus program.

(a) Testing.

(b) Funding.

(c) "Bus" defined.

6374c. Omitted.

6374d. Studies and reports.

(a) Methanol study.

(b) Omitted.

(c) Public participation.

SUBCHAPTER IV - GENERAL PROVISIONS

PART A - ENERGY DATA BASE AND ENERGY INFORMATION

6381. Verification examinations.

(a) Authority of Comptroller General.

(b) Request for examination.

(c) Definitions.

6382. Powers and duties of Comptroller General.

(a) Subpenas; discovery and inspection; oaths;

search.

(b) Information in possession of Federal agencies.

(c) Transmission of examination results to Federal

agencies.

(d) Report to Congressional committees.

(e) Disclosure of geological or geophysical

information.

6383. Accounting practices.

(a) Development by Securities and Exchange

Commission; time of taking effect.

(b) Consultation with Secretary, General Accounting

Office and Federal Energy Regulatory

Commission; rules; reliance on practices

developed by Financial Accounting Standards

Board; opportunity to submit written comment.

(c) Requirements for accounting practices.

6384. Enforcement.

(a) Civil penalties.

(b) Jurisdiction; process.

(c) Securing compliance with subpena.

6385. Petroleum product information.

PART B - GENERAL PROVISIONS

6391. Prohibited actions.

(a) Unreasonable classifications and

differentiations.

(b) Unreasonably disproportionate share of burdens

between segments of business community.

(c) Authorities to which section applies.

6392. Repealed.

6393. Administrative procedure and judicial review.

6394. Prohibited acts.

6395. Enforcement.

(a) Civil penalty.

(b) Penalty for willful violation.

(c) Penalty for violation after having been

subjected to civil penalty for prior

violation.

(d) Injunction action by Attorney General.

(e) Private right of action.

6396. State laws or programs.

6397. Repealed.

6398. Authorization of appropriations.

6399. Intrastate natural gas.

6400. Limitation on loan guarantees.

6401. Repealed.

PART C - CONGRESSIONAL REVIEW

6421. Procedure for Congressional review of Presidential

requests to implement certain authorities.

(a) "Energy action" defined.

(b) Transmittal of energy action to Congress.

(c) Effective date of energy action.

(d) Computation of period.

(e) Provision in energy action for later effective

date.

(f) Resolutions with respect to energy action.

6422. Expedited procedure for Congressional consideration of

certain authorities.

(a) Contingency plan identification number;

transmittal of plan to Congress.

(b) Necessity of Congressional resolution within

certain period for plan to be considered

approved.

(c) Computation of period.

(d) Resolution with respect to contingency plan.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 7135, 7194, 7521, 8255 of

this title; title 15 section 719j.

-End-

-CITE-

42 USC Sec. 6201 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

-HEAD-

Sec. 6201. Congressional statement of purpose

-STATUTE-

The purposes of this chapter are -

(1) to grant specific authority to the President to fulfill

obligations of the United States under the international energy

program;

(2) to provide for the creation of a Strategic Petroleum

Reserve capable of reducing the impact of severe energy supply

interruptions;

(3) Repealed. Pub. L. 106-469, title I, Sec. 102(2), Nov. 9,

2000, 114 Stat. 2029;

(4) to conserve energy supplies through energy conservation

programs, and, where necessary, the regulation of certain energy

uses;

(5) to provide for improved energy efficiency of motor

vehicles, major appliances, and certain other consumer products;

(6) Repealed. Pub. L. 106-469, title I, Sec. 102(2), Nov. 9,

2000, 114 Stat. 2029;

(7) to provide a means for verification of energy data to

assure the reliability of energy data; and

(8) to conserve water by improving the water efficiency of

certain plumbing products and appliances.

-SOURCE-

(Pub. L. 94-163, Sec. 2, Dec. 22, 1975, 89 Stat. 874; Pub. L.

102-486, title I, Sec. 123(a), Oct. 24, 1992, 106 Stat. 2817; Pub.

L. 106-469, title I, Sec. 102, Nov. 9, 2000, 114 Stat. 2029.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in introductory clause, 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 below and Tables.

-MISC1-

AMENDMENTS

2000 - Par. (1). Pub. L. 106-469, Sec. 102(1), struck out

"standby" after "grant specific" and ", subject to congressional

review, to impose rationing, to reduce demand for energy through

the implementation of energy conservation plans, and" after "the

President".

Par. (3). Pub. L. 106-469, Sec. 102(2), struck out par. (3) which

read as follows: "to increase the supply of fossil fuels in the

United States, through price incentives and production

requirements;".

Par. (6). Pub. L. 106-469, Sec. 102(2), struck out par. (6) which

read as follows: "to reduce the demand for petroleum products and

natural gas through programs designed to provide greater

availability and use of this Nation's abundant coal resources;".

1992 - Par. (8). Pub. L. 102-486 added par. (8).

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-469, Sec. 1, Nov. 9, 2000, 114 Stat. 2029, provided

that: "This Act [see Tables for classification] may be cited as the

'Energy Act of 2000'."

Pub. L. 106-469, title I, Sec. 101, Nov. 9, 2000, 114 Stat. 2029,

provided that: "This title [amending this section and sections

6231, 6232, 6234, 6239 to 6241, 6245 to 6247, 6249, 6249a, 6251,

6276 and 6285 of this title, repealing sections 6211, 6214, 6233,

6235 to 6238, 6244, 6249b, 6261 to 6264, 6281 and 6282 of this

title, and repealing provisions set out as notes under section 2071

of Title 50, Appendix, War and National Defense] may be cited as

the 'Energy Policy and Conservation Act Amendments of 2000'."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-388, Sec. 1, Nov. 13, 1998, 112 Stat. 3477, provided

that: "This Act [enacting section 13220 of this title, amending

sections 2296a, 2296a-2, 2297g-1, 6241, 6291, 6292, 6294, 6295,

6306, 6316, 6322, 6325, 6371, 6371c, 6371f, 6371i, 6372c, 6372h,

6374, 6383, 6422, 6802, 6872, 8217, 8231, 8235e, 8259, 8287, 8287c,

and 13218 of this title and section 3503 of Title 25, Indians,

enacting provisions set out as notes under section 6241 of this

title, and amending and repealing provisions set out as notes under

section 2071 of Title 50, Appendix, War and National Defense] may

be cited as the 'Energy Conservation Reauthorization Act of 1998'."

SHORT TITLE OF 1994 AMENDMENTS

Pub. L. 103-406, Sec. 1, Oct. 22, 1994, 108 Stat. 4209, provided:

"That this Act [amending sections 6251 and 6285 of this title and

enacting provisions set out as a note below] may be cited as the

'Energy Policy and Conservation Act Amendments Act of 1994'."

Pub. L. 103-406, title I, Sec. 101, Oct. 22, 1994, 108 Stat.

4209, provided that: "This title [amending sections 6251 and 6285

of this title] may be cited as the 'Energy Policy and Conservation

Act Amendments of 1994'."

SHORT TITLE OF 1990 AMENDMENTS

Pub. L. 101-440, Sec. 1, Oct. 18, 1990, 104 Stat. 1006, provided

that: "This Act [amending sections 6322, 6323, 6324 to 6326, 6371,

6371e, 6371f, 6861 to 6865, 6871, and 6872 of this title and

repealing section 6327 of this title] may be cited as the 'State

Energy Efficiency Programs Improvement Act of 1990'."

Pub. L. 101-383, Sec. 1, Sept. 15, 1990, 104 Stat. 727, provided

that: "This Act [enacting sections 6249 to 6249c of this title,

amending sections 6202, 6232, 6239 to 6241, 6247, 6251, and 6285 of

this title, and amending provisions set out as a note under section

2071 of Title 50, Appendix, War and National Defense] may be

referred to as the 'Energy Policy and Conservation Act Amendments

of 1990'."

Pub. L. 101-360, Sec. 1, Aug. 10, 1990, 104 Stat. 421, provided:

"That this Act [amending sections 6251 and 6285 of this title and

provisions set out as a note under section 2071 of Title 50,

Appendix, War and National Defense] may be referred to as the

'Energy Policy and Conservation Act Short-Term Extension Amendment

of 1990'."

Pub. L. 101-262, Sec. 1, Mar. 31, 1990, 104 Stat. 124, provided:

"That this Act [amending sections 6251 and 6285 of this title and

provisions set out as a note under section 2071 of Title 50,

Appendix, War and National Defense] may be referred to as the

'Energy Policy and Conservation Act Extension Amendment of 1990'."

SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100-494, Sec. 1, Oct. 14, 1988, 102 Stat. 2441, provided

that: "This Act [enacting sections 6374 to 6374d of this title and

section 2013 of Title 15, Commerce and Trade, amending sections

2001, 2002, and 2006 of Title 15, and enacting provisions set out

as notes under section 6374 of this title and sections 2006, 2013,

and 2512 of Title 15] may be cited as the 'Alternative Motor Fuels

Act of 1988'."

Pub. L. 100-357, Sec. 1, June 28, 1988, 102 Stat. 671, provided

that: "This Act [amending sections 6291 to 6295 and 6297 of this

title] may be referred to as the 'National Appliance Energy

Conservation Amendments of 1988'."

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-12, Sec. 1, Mar. 17, 1987, 101 Stat. 103, provided

that: "This Act [amending sections 6291 to 6297, 6299, 6302, 6303,

6305, 6306, 6308, and 6309 of this title] may be referred to as the

'National Appliance Energy Conservation Act of 1987'."

SHORT TITLE OF 1985 AMENDMENT

Pub. L. 99-58, Sec. 1, July 2, 1985, 99 Stat. 102, provided that:

"This Act [enacting sections 6251, 6264, 6285, and 7277 of this

title, amending sections 6239, 6240, 6241, 6247, and 6272 of this

title, repealing section 6401 of this title, enacting provisions

set out as notes under section 7277 of this title, and amending

provisions set out as a note under section 2071 of Title 50,

Appendix, War and National Defense] may be cited as the 'Energy and

Conservation Amendments Act of 1985'."

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-370, Sec. 1, July 18, 1984, 98 Stat. 1211, provided:

"That this Act [enacting section 6276 of this title and a provision

set out as a note under section 627] may be cited as the 'Renewable

Energy Industry Development Act of 1983'."

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-229, Sec. 1, Aug. 3, 1982, 96 Stat. 248, provided

that: "This Act [enacting sections 6281, 6282, and 6385 of this

title, amending sections 6239, 6240, 6247, 6271, and 6272 of this

title, and enacting provisions set out as notes under sections

6234, 6240, and 6245 of this title] may be cited as the 'Energy

Emergency Preparedness Act of 1982'."

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-35, title X, Sec. 1031, Aug. 13, 1981, 95 Stat. 618,

provided that: "This subtitle [subtitle C (Secs. 1031-1038) of

title X of Pub. L. 97-35, enacting section 6247 of this title,

amending sections 6240, 6245, and 6246 of this title, and enacting

visions set out as notes under sections 6231, 6240, and 6247 of

this title] may be cited as the 'Strategic Petroleum Reserve

Amendments Act of 1981'."

SHORT TITLE

Section 1 of Pub. L. 94-163 provided in part: "That this Act

[enacting this chapter and sections 757 to 760h and 2001 to 2012 of

Title 15, Commerce and Trade, amending sections 753, 754, 755, 792,

796, and 1901 of Title 15 and section 2071 of the Appendix to Title

50, War and National Defense, enacting provisions set out as notes

under this section, sections 753 and 796 of Title 15, and section

2071 of Title 50 App., and repealing provisions formerly set out as

a note under section 1904 of Title 12, Banks and Banking] may be

cited as the 'Energy Policy and Conservation Act'."

NATIONAL OIL HEAT RESEARCH ALLIANCE

Pub. L. 106-469, title VII, Nov. 9, 2000, 114 Stat. 2043,

provided that:

"SEC. 701. SHORT TITLE.

"This title may be cited as the 'National Oilheat Research

Alliance Act of 2000'.

"SEC. 702. FINDINGS.

"Congress finds that -

"(1) oilheat is an important commodity relied on by

approximately 30,000,000 Americans as an efficient and economical

energy source for commercial and residential space and hot water

heating;

"(2) oilheat equipment operates at efficiencies among the

highest of any space heating energy source, reducing fuel costs

and making oilheat an economical means of space heating;

"(3) the production, distribution, and marketing of oilheat and

oilheat equipment plays a significant role in the economy of the

United States, accounting for approximately $12,900,000,000 in

expenditures annually and employing millions of Americans in all

aspects of the oilheat industry;

"(4) only very limited Federal resources have been made

available for oilheat research, development, safety, training,

and education efforts, to the detriment of both the oilheat

industry and its 30,000,000 consumers; and

"(5) the cooperative development, self-financing, and

implementation of a coordinated national oilheat industry program

of research and development, training, and consumer education is

necessary and important for the welfare of the oilheat industry,

the general economy of the United States, and the millions of

Americans that rely on oilheat for commercial and residential

space and hot water heating.

"SEC. 703. DEFINITIONS.

"In this title:

"(1) Alliance. - The term 'Alliance' means a national oilheat

research alliance established under section 704.

"(2) Consumer education. - The term 'consumer education' means

the provision of information to assist consumers and other

persons in making evaluations and decisions regarding oilheat and

other nonindustrial commercial or residential space or hot water

heating fuels.

"(3) Exchange. - The term 'exchange' means an agreement that -

"(A) entitles each party or its customers to receive oilheat

from the other party; and

"(B) requires only an insubstantial portion of the volumes

involved in the exchange to be settled in cash or property

other than the oilheat.

"(4) Industry trade association. - The term 'industry trade

association' means an organization described in paragraph (3) or

(6) of section 501(c) of the Internal Revenue Code of 1986 [26

U.S.C. 501(c)(3), (6)] that is exempt from taxation under section

501(a) of that Code and is organized for the purpose of

representing the oilheat industry.

"(5) No. 1 distillate. - The term 'No. 1 distillate' means fuel

oil classified as No. 1 distillate by the American Society for

Testing and Materials.

"(6) No. 2 dyed distillate. - The term 'No. 2 dyed distillate'

means fuel oil classified as No. 2 distillate by the American

Society for Testing and Materials that is indelibly dyed in

accordance with regulations prescribed by the Secretary of the

Treasury under section 4082(a)(2) of the Internal Revenue Code of

1986 [26 U.S.C. 4082(a)(2)].

"(7) Oilheat. - The term 'oilheat' means -

"(A) No. 1 distillate; and

"(B) No. 2 dyed distillate,

that is used as a fuel for nonindustrial commercial or

residential space or hot water heating.

"(8) Oilheat industry. -

"(A) In general. - The term 'oilheat industry' means -

"(i) persons in the production, transportation, or sale of

oilheat; and

"(ii) persons engaged in the manufacture or distribution of

oilheat utilization equipment.

"(B) Exclusion. - The term 'oilheat industry' does not

include ultimate consumers of oilheat.

"(9) Public member. - The term 'public member' means a member

of the Alliance described in section 705(c)(1)(F).

"(10) Qualified industry organization. - The term 'qualified

industry organization' means the National Association for Oilheat

Research and Education or a successor organization.

"(11) Qualified state association. - The term 'qualified State

association' means the industry trade association or other

organization that the qualified industry organization or the

Alliance determines best represents retail marketers in a State.

"(12) Retail marketer. - The term 'retail marketer' means a

person engaged primarily in the sale of oilheat to ultimate

consumers.

"(13) Secretary. - The term 'Secretary' means the Secretary of

Energy.

"(14) Wholesale distributor. - The term 'wholesale distributor'

means a person that -

"(A)(i) produces No. 1 distillate or No. 2 dyed distillate;

"(ii) imports No. 1 distillate or No. 2 dyed distillate; or

"(iii) transports No. 1 distillate or No. 2 dyed distillate

across State boundaries or among local marketing areas; and

"(B) sells the distillate to another person that does not

produce, import, or transport No. 1 distillate or No. 2 dyed

distillate across State boundaries or among local marketing

areas.

"(15) State. - The term 'State' means the several States,

except the State of Alaska.

"SEC. 704. REFERENDA.

"(a) Creation of Program. -

"(1) In general. - The oilheat industry, through the qualified

industry organization, may conduct, at its own expense, a

referendum among retail marketers and wholesale distributors for

the establishment of a national oilheat research alliance.

"(2) Reimbursement of cost. - The Alliance, if established,

shall reimburse the qualified industry organization for the cost

of accounting and documentation for the referendum.

"(3) Conduct. - A referendum under paragraph (1) shall be

conducted by an independent auditing firm.

"(4) Voting rights. -

"(A) Retail marketers. - Voting rights of retail marketers in

a referendum under paragraph (1) shall be based on the volume

of oilheat sold in a State by each retail marketer in the

calendar year previous to the year in which the referendum is

conducted or in another representative period.

"(B) Wholesale distributors. - Voting rights of wholesale

distributors in a referendum under paragraph (1) shall be based

on the volume of No. 1 distillate and No. 2 dyed distillate

sold in a State by each wholesale distributor in the calendar

year previous to the year in which the referendum is conducted

or in another representative period, weighted by the ratio of

the total volume of No. 1 distillate and No. 2 dyed distillate

sold for nonindustrial commercial and residential space and hot

water heating in the State to the total volume of No. 1

distillate and No. 2 dyed distillate sold in that State.

"(5) Establishment by approval of two-thirds. -

"(A) In general. - Subject to subparagraph (B), on approval

of persons representing two-thirds of the total volume of

oilheat voted in the retail marketer class and two-thirds of

the total weighted volume of No. 1 distillate and No. 2 dyed

distillate voted in the wholesale distributor class, the

Alliance shall be established and shall be authorized to levy

assessments under section 707.

"(B) Requirement of majority of retail marketers. - Except as

provided in subsection (b), the oilheat industry in a State

shall not participate in the Alliance if less than 50 percent

of the retail marketer vote in the State approves establishment

of the Alliance.

"(6) Certification of volumes. - Each person voting in the

referendum shall certify to the independent auditing firm the

volume of oilheat, No. 1 distillate, or No. 2 dyed distillate

represented by the vote of the person.

"(7) Notification. - Not later than 90 days after the date of

the enactment of this title [Nov. 9, 2000], a qualified State

association may notify the qualified industry organization in

writing that a referendum under paragraph (1) will not be

conducted in the State.

"(b) Subsequent State Participation. - The oilheat industry in a

State that has not participated initially in the Alliance may

subsequently elect to participate by conducting a referendum under

subsection (a).

"(c) Termination or Suspension. -

"(1) In general. - On the initiative of the Alliance or on

petition to the Alliance by retail marketers and wholesale

distributors representing 25 percent of the volume of oilheat or

weighted No. 1 distillate and No. 2 dyed distillate in each

class, the Alliance shall, at its own expense, hold a referendum,

to be conducted by an independent auditing firm selected by the

Alliance, to determine whether the oilheat industry favors

termination or suspension of the Alliance.

"(2) Volume percentages required to terminate or suspend. -

Termination or suspension shall not take effect unless

termination or suspension is approved by persons representing

more than one-half of the total volume of oilheat voted in the

retail marketer class or more than one-half of the total volume

of weighted No. 1 distillate and No. 2 dyed distillate voted in

the wholesale distributor class.

"(3) Termination by a state. - A State may elect to terminate

participation by notifying the Alliance that 50 percent of the

oilheat volume in the State has voted in a referendum to

withdraw.

"(d) Calculation of Oilheat Sales. - For the purposes of this

section and section 705, the volume of oilheat sold annually in a

State shall be determined on the basis of information provided by

the Energy Information Administration with respect to a calendar

year or other representative period.

"SEC. 705. MEMBERSHIP.

"(a) Selection. -

"(1) In general. - Except as provided in subsection (c)(1)(C),

the qualified industry organization shall select members of the

Alliance representing the oilheat industry in a State from a list

of nominees submitted by the qualified State association in the

State.

"(2) Vacancies. - A vacancy in the Alliance shall be filled in

the same manner as the original selection.

"(b) Representation. - In selecting members of the Alliance, the

qualified industry organization shall make best efforts to select

members that are representative of the oilheat industry, including

representation of -

"(1) interstate and intrastate operators among retail

marketers;

"(2) wholesale distributors of No. 1 distillate and No. 2 dyed

distillate;

"(3) large and small companies among wholesale distributors and

retail marketers; and

"(4) diverse geographic regions of the country.

"(c) Number of Members. -

"(1) In general. - The membership of the Alliance shall be as

follows:

"(A) One member representing each State with oilheat sales in

excess of 32,000,000 gallons per year.

"(B) If fewer than 24 States are represented under

subparagraph (A), one member representing each of the States

with the highest volume of annual oilheat sales, as necessary

to cause the total number of States represented under

subparagraph (A) and this subparagraph to equal 24.

"(C) Five representatives of retail marketers, one each to be

selected by the qualified State associations of the five States

with the highest volume of annual oilheat sales.

"(D) Five additional representatives of retail marketers.

"(E) Twenty-one representatives of wholesale distributors.

"(F) Six public members, who shall be representatives of

significant users of oilheat, the oilheat research community,

State energy officials, or other groups knowledgeable about

oilheat.

"(2) Full-time owners or employees. - Other than the public

members, Alliance members shall be full-time owners or employees

of members of the oilheat industry, except that members described

in subparagraphs (C), (D), and (E) of paragraph (1) may be

employees of the qualified industry organization or an industry

trade association.

"(d) Compensation. - Alliance members shall receive no

compensation for their service, nor shall Alliance members be

reimbursed for expenses relating to their service, except that

public members, on request, may be reimbursed for reasonable

expenses directly related to participation in meetings of the

Alliance.

"(e) Terms. -

"(1) In general. - Subject to paragraph (4), a member of the

Alliance shall serve a term of 3 years, except that a member

filling an unexpired term may serve a total of 7 consecutive

years.

"(2) Term limit. - A member may serve not more than two full

consecutive terms.

"(3) Former members. - A former member of the Alliance may be

returned to the Alliance if the member has not been a member for

a period of 2 years.

"(4) Initial appointments. - Initial appointments to the

Alliance shall be for terms of 1, 2, and 3 years, as determined

by the qualified industry organization, staggered to provide for

the subsequent selection of one-third of the members each year.

"SEC. 706. FUNCTIONS.

"(a) In General. -

"(1) Programs, projects; contracts and other agreements. - The

Alliance -

"(A) shall develop programs and projects and enter into

contracts or other agreements with other persons and entities

for implementing this title, including programs -

"(i) to enhance consumer and employee safety and training;

"(ii) to provide for research, development, and

demonstration of clean and efficient oilheat utilization

equipment; and

"(iii) for consumer education; and

"(B) may provide for the payment of the costs of carrying out

subparagraph (A) with assessments collected under section 707.

"(2) Coordination. - The Alliance shall coordinate its

activities with industry trade associations and other persons as

appropriate to provide efficient delivery of services and to

avoid unnecessary duplication of activities.

"(3) Activities. -

"(A) Exclusions. - Activities under clause (i) or (ii) of

paragraph (1)(A) shall not include advertising, promotions, or

consumer surveys in support of advertising or promotions.

"(B) Research, development, and demonstration activities. -

"(i) In general. - Research, development, and demonstration

activities under paragraph (1)(A)(ii) shall include -

"(I) all activities incidental to research, development, and

demonstration of clean and efficient oilheat utilization

equipment; and

"(II) the obtaining of patents, including payment of

attorney's fees for making and perfecting a patent

application.

"(ii) Excluded activities. - Research, development, and

demonstration activities under paragraph (1)(A)(ii) shall not

include research, development, and demonstration of oilheat

utilization equipment with respect to which technically

feasible and commercially feasible operations have been

verified, except that funds may be provided for improvements

to existing equipment until the technical feasibility and

commercial feasibility of the operation of those improvements

have been verified.

"(b) Priorities. - In the development of programs and projects,

the Alliance shall give priority to issues relating to -

"(1) research, development, and demonstration;

"(2) safety;

"(3) consumer education; and

"(4) training.

"(c) Administration. -

"(1) Officers; committees; bylaws. - The Alliance -

"(A) shall select from among its members a chairperson and

other officers as necessary;

"(B) may establish and authorize committees and subcommittees

of the Alliance to take specific actions that the Alliance is

authorized to take; and

"(C) shall adopt bylaws for the conduct of business and the

implementation of this title.

"(2) Solicitation of oilheat industry comment and

recommendations. - The Alliance shall establish procedures for

the solicitation of oilheat industry comment and recommendations

on any significant contracts and other agreements, programs, and

projects to be funded by the Alliance.

"(3) Advisory committees. - The Alliance may establish advisory

committees consisting of persons other than Alliance members.

"(4) Voting. - Each member of the Alliance shall have one vote

in matters before the Alliance.

"(d) Administrative Expenses. -

"(1) In general. - The administrative expenses of operating the

Alliance (not including costs incurred in the collection of

assessments under section 707) plus amounts paid under paragraph

(2) shall not exceed 7 percent of the amount of assessments

collected in any calendar year, except that during the first year

of operation of the Alliance such expenses and amounts shall not

exceed 10 percent of the amount of assessments.

"(2) Reimbursement of the secretary. -

"(A) In general. - The Alliance shall annually reimburse the

Secretary for costs incurred by the Federal Government relating

to the Alliance.

"(B) Limitation. - Reimbursement under subparagraph (A) for

any calendar year shall not exceed the amount that the

Secretary determines is twice the average annual salary of one

employee of the Department of Energy.

"(e) Budget. -

"(1) Publication of proposed budget. - Before August 1 of each

year, the Alliance shall publish for public review and comment a

proposed budget for the next calendar year, including the

probable costs of all programs, projects, and contracts and other

agreements.

"(2) Submission to the secretary and congress. - After review

and comment under paragraph (1), the Alliance shall submit the

proposed budget to the Secretary and Congress.

"(3) Recommendations by the secretary. - The Secretary may

recommend for inclusion in the budget programs and activities

that the Secretary considers appropriate.

"(4) Implementation. - The Alliance shall not implement a

proposed budget until the expiration of 60 days after submitting

the proposed budget to the Secretary.

"(f) Records; Audits. -

"(1) Records. - The Alliance shall -

"(A) keep records that clearly reflect all of the acts and

transactions of the Alliance; and

"(B) make the records available to the public.

"(2) Audits. -

"(A) In general. - The records of the Alliance (including fee

assessment reports and applications for refunds under section

707(b)(4)) shall be audited by a certified public accountant at

least once each year and at such other times as the Alliance

may designate.

"(B) Availability of audit reports. - Copies of each audit

report shall be provided to the Secretary, the members of the

Alliance, and the qualified industry organization, and, on

request, to other members of the oilheat industry.

"(C) Policies and procedures. -

"(i) In general. - The Alliance shall establish policies

and procedures for auditing compliance with this title.

"(ii) Conformity with gaap. - The policies and procedures

established under clause (i) shall conform with generally

accepted accounting principles.

"(g) Public Access to Alliance Proceedings. -

"(1) Public notice. - The Alliance shall give at least 30 days'

public notice of each meeting of the Alliance.

"(2) Meetings open to the public. - Each meeting of the

Alliance shall be open to the public.

"(3) Minutes. - The minutes of each meeting of the Alliance

shall be made available to and readily accessible by the public.

"(h) Annual Report. - Each year the Alliance shall prepare and

make publicly available a report that -

"(1) includes a description of all programs, projects, and

contracts and other agreements undertaken by the Alliance during

the previous year and those planned for the current year; and

"(2) details the allocation of Alliance resources for each such

program and project.

"SEC. 707. ASSESSMENTS.

"(a) Rate. - The assessment rate shall be equal to

two-tenths-cent per gallon of No. 1 distillate and No. 2 dyed

distillate.

"(b) Collection Rules. -

"(1) Collection at point of sale. - The assessment shall be

collected at the point of sale of No. 1 distillate and No. 2 dyed

distillate by a wholesale distributor to a person other than a

wholesale distributor, including a sale made pursuant to an

exchange.

"(2) Responsibility for payment. - A wholesale distributor -

"(A) shall be responsible for payment of an assessment to the

Alliance on a quarterly basis; and

"(B) shall provide to the Alliance certification of the

volume of fuel sold.

"(3) No ownership interest. - A person that has no ownership

interest in No. 1 distillate or No. 2 dyed distillate shall not

be responsible for payment of an assessment under this section.

"(4) Failure to receive payment. -

"(A) Refund. - A wholesale distributor that does not receive

payments from a purchaser for No. 1 distillate or No. 2 dyed

distillate within 1 year of the date of sale may apply for a

refund from the Alliance of the assessment paid.

"(B) Amount. - The amount of a refund shall not exceed the

amount of the assessment levied on the No. 1 distillate or No.

2 dyed distillate for which payment was not received.

"(5) Importation after point of sale. - The owner of No. 1

distillate or No. 2 dyed distillate imported after the point of

sale -

"(A) shall be responsible for payment of the assessment to

the Alliance at the point at which the product enters the

United States; and

"(B) shall provide to the Alliance certification of the

volume of fuel imported.

"(6) Late payment charge. - The Alliance may establish a late

payment charge and rate of interest to be imposed on any person

who fails to remit or pay to the Alliance any amount due under

this title.

"(7) Alternative collection rules. - The Alliance may

establish, or approve a request of the oilheat industry in a

State for, an alternative means of collecting the assessment if

another means is determined to be more efficient or more

effective.

"(c) Sale for Use Other Than as Oilheat. - No. 1 distillate and

No. 2 dyed distillate sold for uses other than as oilheat are

excluded from the assessment.

"(d) Investment of Funds. - Pending disbursement under a program,

project or contract or other agreement the Alliance may invest

funds collected through assessments, and any other funds received

by the Alliance, only -

"(1) in obligations of the United States or any agency of the

United States;

"(2) in general obligations of any State or any political

subdivision of a State;

"(3) in any interest-bearing account or certificate of deposit

of a bank that is a member of the Federal Reserve System; or

"(4) in obligations fully guaranteed as to principal and

interest by the United States.

"(e) State, Local, and Regional Programs. -

"(1) Coordination. - The Alliance shall establish a program

coordinating the operation of the Alliance with the operator of

any similar State, local, or regional program created under State

law (including a regulation), or similar entity.

"(2) Funds made available to qualified state associations. -

"(A) In general. -

"(i) Base amount. - The Alliance shall make available to

the qualified State association of each State an amount equal

to 15 percent of the amount of assessments collected in the

State.

"(ii) Additional amount. -

"(I) In general. - A qualified State association may request

that the Alliance provide to the association any portion of

the remaining 85 percent of the amount of assessments

collected in the State.

"(II) Request requirements. - A request under this clause

shall -

"(aa) specify the amount of funds requested;

"(bb) describe in detail the specific uses for which the

requested funds are sought;

"(cc) include a commitment to comply with this title in

using the requested funds; and

"(dd) be made publicly available.

"(III) Direct benefit. - The Alliance shall not provide any

funds in response to a request under this clause unless the

Alliance determines that the funds will be used to directly

benefit the oilheat industry.

"(IV) Monitoring; terms, conditions, and reporting

requirements. - The Alliance shall -

"(aa) monitor the use of funds provided under this

clause; and

"(bb) impose whatever terms, conditions, and reporting

requirements that the Alliance considers necessary to

ensure compliance with this title.

"SEC. 708. MARKET SURVEY AND CONSUMER PROTECTION.

"(a) Price Analysis. - Beginning 2 years after establishment of

the Alliance and annually thereafter, the Secretary of Commerce,

using only data provided by the Energy Information Administration

and other public sources, shall prepare and make available to the

Congress, the Alliance, the Secretary of Energy, and the public, an

analysis of changes in the price of oilheat relative to other

energy sources. The oilheat price analysis shall compare indexed

changes in the price of consumer grade oilheat to a composite of

indexed changes in the price of residential electricity,

residential natural gas, and propane on an annual national average

basis. For purposes of indexing changes in oilheat, residential

electricity, residential natural gas, and propane prices, the

Secretary of Commerce shall use a 5-year rolling average price

beginning with the year 4 years prior to the establishment of the

Alliance.

"(b) Authority To Restrict Activities. - If in any year the

5-year average price composite index of consumer grade oilheat

exceeds the 5-year rolling average price composite index of

residential electricity, residential natural gas, and propane in an

amount greater than 10.1 percent, the activities of the Alliance

shall be restricted to research and development, training, and

safety matters. The Alliance shall inform the Secretary of Energy

and the Congress of any restriction of activities under this

subsection. Upon expiration of 180 days after the beginning of any

such restriction of activities, the Secretary of Commerce shall

again conduct the oilheat price analysis described in subsection

(a). Activities of the Alliance shall continue to be restricted

under this subsection until the price index excess is 10.1 percent

or less.

"SEC. 709. COMPLIANCE.

"(a) In General. - The Alliance may bring a civil action in

United States district court to compel payment of an assessment

under section 707.

"(b) Costs. - A successful action for compliance under this

section may also require payment by the defendant of the costs

incurred by the Alliance in bringing the action.

"SEC. 710. LOBBYING RESTRICTIONS.

"No funds derived from assessments under section 707 collected by

the Alliance shall be used to influence legislation or elections,

except that the Alliance may use such funds to formulate and submit

to the Secretary recommendations for amendments to this title or

other laws that would further the purposes of this title.

"SEC. 711. DISCLOSURE.

"Any consumer education activity undertaken with funds provided

by the Alliance shall include a statement that the activities were

supported, in whole or in part, by the Alliance.

"SEC. 712. VIOLATIONS.

"(a) Prohibition. - It shall be unlawful for any person to

conduct a consumer education activity, undertaken with funds

derived from assessments collected by the Alliance under section

707, that includes -

"(1) a reference to a private brand name;

"(2) a false or unwarranted claim on behalf of oilheat or

related products; or

"(3) a reference with respect to the attributes or use of any

competing product.

"(b) Complaints. -

"(1) In general. - A public utility that is aggrieved by a

violation described in subsection (a) may file a complaint with

the Alliance.

"(2) Transmittal to qualified state association. - A complaint

shall be transmitted concurrently to any qualified State

association undertaking the consumer education activity with

respect to which the complaint is made.

"(3) Cessation of activities. - On receipt of a complaint under

this subsection, the Alliance, and any qualified State

association undertaking the consumer education activity with

respect to which the complaint is made, shall cease that consumer

education activity until -

"(A) the complaint is withdrawn; or

"(B) a court determines that the conduct of the activity

complained of does not constitute a violation of subsection

(a).

"(c) Resolution by Parties. -

"(1) In general. - Not later than 10 days after a complaint is

filed and transmitted under subsection (b), the complaining

party, the Alliance, and any qualified State association

undertaking the consumer education activity with respect to which

the complaint is made shall meet to attempt to resolve the

complaint.

"(2) Withdrawal of complaint. - If the issues in dispute are

resolved in those discussions, the complaining party shall

withdraw its complaint.

"(d) Judicial Review. -

"(1) In general. - A public utility filing a complaint under

this section, the Alliance, a qualified State association

undertaking the consumer education activity with respect to which

a complaint under this section is made, or any person aggrieved

by a violation of subsection (a) may seek appropriate relief in

United States district court.

"(2) Relief. - A public utility filing a complaint under this

section shall be entitled to temporary and injunctive relief

enjoining the consumer education activity with respect to which a

complaint under this section is made until -

"(A) the complaint is withdrawn; or

"(B) the court has determined that the consumer education

activity complained of does not constitute a violation of

subsection (a).

"(e) Attorney's Fees. -

"(1) Meritorious case. - In a case in Federal court in which

the court grants a public utility injunctive relief under

subsection (d), the public utility shall be entitled to recover

an attorney's fee from the Alliance and any qualified State

association undertaking the consumer education activity with

respect to which a complaint under this section is made.

"(2) Nonmeritorious case. - In any case under subsection (d) in

which the court determines a complaint under subsection (b) to be

frivolous and without merit, the prevailing party shall be

entitled to recover an attorney's fee.

"(f) Savings Clause. - Nothing in this section shall limit causes

of action brought under any other law.

"SEC. 713. SUNSET.

"This title shall cease to be effective as of the date that is 4

years after the date on which the Alliance is established."

-EXEC-

EX. ORD. NO. 11912. DELEGATION OF AUTHORITIES

Ex. Ord. No. 11912, April 13, 1976, 41 F.R. 15825, as amended by

Ex. Ord. No. 12003, July 20, 1977, 42 F.R. 37523; Ex. Ord. No.

12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20,

1979, 44 F.R. 4323 Ex. Ord. No. 12375, Aug. 4, 1982, 47 F.R. 34105;

Ex. Ord. No. 12919, Sec. 904(a)(7), June 3, 1994, 59 F.R. 29533,

provided:

By virtue of the authority vested in me by the Constitution and

the statutes of the United States of America, including the Energy

Policy and Conservation Act (Public Law 94-163, 89 Stat. 8, 42

U.S.C. 6201 et seq.), the Motor Vehicle Information and Cost

Savings Act, as amended (15 U.S.C. 1901 et seq.), the Defense

Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.),

and section 301 of Title 3 of the United States Code, and as

President of the United States of America, it is hereby ordered as

follows:

Section 1. (a) The Administrator of General Services is

designated and empowered to perform without approval, ratification,

or other action by the President, the functions vested in the

President by Section 510 of the Motor Vehicle Information and Cost

Savings Act, as amended (89 Stat. 915, 15 U.S.C. 2010). The

Administrator shall exercise that authority to ensure that

passenger automobiles acquired by all Executive agencies in each

fiscal year achieve a fleet average fuel economy standard that is

not less than the average fuel economy standard for automobiles

manufactured for the model year which includes January 1 of each

fiscal year.

(b) The Administrator of General Services shall also promulgate

rules which will ensure that each class of nonpassenger automobiles

acquired by all Executive agencies in each fiscal year achieves a

fleet average fuel economy that is not less than the average fuel

economy standard for uch class, established pursuant to Section

502(b) of the Motor Vehicle Information and Cost Savings Act, as

amended (89 Stat. 903, 15 U.S.C. 2002(b)), for the model year which

includes January 1 of such fiscal year. Such rules shall not apply

to nonpassenger automobiles intended for use in combat-related

missions for the Armed Forces or intended for use in law

enforcement work or emergency rescue work. The Administrator may

provide for granting exceptions for individual nonpassenger

automobiles or categories of nonpassenger automobiles as he

determines to be appropriate in terms of energy conservation,

economy, efficiency, or service.

(c) In performing these functions, the Administrator of General

Services shall consult with the Secretary of Transportation and the

Secretary of Energy.

Sec. 2. The Secretary of Commerce is designated and empowered to

perform without approval, ratification, or other action by the

President, the functions vested in the President by section 103 of

the Energy Policy and Conservation Act (89 Stat. 877, 42 U.S.C.

6212). In performing each of these functions, the Secretary of

Commerce shall consult with appropriate Executive agencies, as set

forth in the provisions of section 5(a) of the Export

Administration Act of 1969, as amended (50 U.S.C. App. 2404(a)).

Sec. 3. The Administrator of the Office of Federal Procurement

Policy, in the exercise of his statutory responsibility to provide

overall direction of procurement policy (41 U.S.C. 405), shall,

after consultation with the heads of appropriate agencies,

including those responsible for developing energy conservation and

efficiency standards, and to the extent he considers appropriate

and with due regard to the program activities of the Executive

agencies, provide policy guidance governing the application of

energy conservation and efficiency standards in the Federal

procurement process in accord with section 381(a)(1) of the Energy

Policy and Conservation Act (89 Stat. 939, 42 U.S.C. 6361(a)(1)).

Sec. 4. (a) The Secretary of Energy, in consultation with the

heads of appropriate agencies, is hereby authorized and directed to

develop for the President's consideration, in accord with section

201 of the Energy Policy and Conservation Act (89 Stat. 890, 42

U.S.C. 6261), the energy conservation and rationing contingency

plans prescribed under sections 202 and 203 of the Energy Policy

and Conservation Act (89 Stat. 892, 42 U.S.C. 6262 and 6263).

(b) The Secretary of Energy shall prepare, with the assistance of

the heads of appropriate agencies, for the President's

consideration, the annual reports provided by section 381(c) of the

Energy Policy and Conservation Act (89 Stat. 939, 42 U.S.C.

6361(c)).

Sec. 5. The Secretary of State is hereby delegated the authority

vested in the President by Section 252(c)(1)(A)(iii) of the Energy

Policy and Conservation Act (89 Stat. 895, 42 U.S.C.

6272(c)(1)(A)(iii)).

Sec. 6. The Secretary of Energy is designated and empowered to

perform without approval, ratification, or other action by the

President, the functions vested in the President by:

(a) Section 251 of the Energy Policy and Conservation Act (89

Stat. 894, 42 U.S.C. 6271), except the making of the findings

provided by subparagraph (b)(1)(B) thereof; however, in performing

these functions, the Secretary shall consult with the Secretary of

Commerce with respect to the international allocation of petroleum

products which are within the territorial jurisdiction of the

United States; and provided that the Secretary of Commerce shall

promulgate rules, pursuant to the procedures established by the

Export Administration Act of 1969, as amended [50 App. U.S.C.

former 2401 et seq.], to authorize the export of petroleum and

petroleum products, as may be necessary for implementation of the

obligations of the United States under the International Energy

Program, and in accordance with the rules promulgated under Section

251 of the Energy Policy and Conservation Act by the Secretary

pursuant to this subsection.

(b) Section 253(c) of the Energy Policy and Conservation Act (89

Stat. 898, 42 U.S.C. 6273);

(c) Section 254(a) of the Energy Policy and Conservation Act (89

Stat. 899, 42 U.S.C. 6274(a)), including the receipt of petitions

under section 254(a)(3)(B); provided that, the authority under

section 254(a) may be exercised only after consultation with the

Secretary of State;

(d) Section 254(b) of the Energy Policy and Conservation Act (89

Stat. 900, 42 U.S.C. 6274(b)); provided that, in determining

whether the transmittal of data would prejudice competition or

violate the antitrust laws, the Secretary shall consult with the

Attorney General, and in determining whether the transmittal of

data would be inconsistent with national security interests, he

shall consult with the Secretaries of State and Defense, and the

heads of such other agencies as he deems appropriate;

(e) Section 523(a)(2)(A) of the Energy Policy and Conservation

Act (89 Stat. 962, 42 U.S.C. 6393(a)(2)(A)), but only to the extent

applicable to other functions delegated or assigned by this Order

to the Secretary of Energy.

[Secs. 7 and 8. Revoked by Ex. Ord. No. 12919, Sec. 904(a)(7),

June 3, 1994, 59 F.R. 29533.]

Sec. 9. All orders, regulations, circulars or other directives

issued and all other action taken prior to the date of this order

that would be valid under the authority delegated by this Order,

are hereby confirmed and ratified and shall be deemed to have been

issued under this order.

Sec. 10. (a)(1) The Secretary of Energy, hereinafter referred to

as the Secretary, shall develop, with the concurrence of the

Director of the Office of Management and Budget, and in

consultation with the Secretary of Defense, the Secretary of

Housing and Urban Development, the Administrator of Veterans'

Affairs, the Administrator of General Services, and the heads of

such other Executive agencies as he deems appropriate, the ten-year

plan for energy conservation with respect to Government buildings,

as provided by section 381(a)(2) of the Energy Policy and

Conservation Act (42 U.S.C. 6361(a)(2)).

(2) The goals established in subsection (b) shall apply to the

following categories of Federally-owned buildings: (i) office

buildings, (ii) hospitals, (iii) schools, (iv) prison facilities,

(v) multi-family dwellings, (vi) storage facilities, and (vii) such

other categories of buildings for which the Administrator

determines the establishment of energy-efficiency performance goals

is feasible.

(b) The Secretary shall establish requirements and procedures,

which shall be observed by each agency unless a waiver is granted

by the Secretary, designed to ensure that each agency to the

maximum extent practicable aims to achieve the following goals:

(1) For the total of all Federally-owned existing buildings the

goal shall be a reduction of 20 percent in the average annual

energy use per gross square foot of floor area in 1985 from the

average energy use per gross square foot of floor area in 1975.

This goal shall apply to all buildings for which construction was

or design specifications were completed prior to the date of

promulgation of the guidelines pursuant to subsection (d) of this

Section.

(2) For the total of all Federally-owned new buildings the goal

shall be a reduction of 45 percent in the average annual energy

requirement per gross square foot of floor area in 1985 from the

average annual energy use per gross square foot of floor area in

1975. This goal shall apply to all new buildings for which design

specifications are completed after the date of promulgation of the

guidelines pursuant to subsection (d) of this Section.

(c) The Secretary with the concurrence of the Director of the

Office of Management and Budget, in consultation with the heads of

the Executive agencies specified in subsection (a) and the Director

of the National Bureau of Standards, shall establish, for purposes

of developing the ten-year plan, a practical and effective method

for estimating and comparing life cycle capital and operating costs

for Federal buildings, including residential, commercial, and

industrial type categories. Such method shall be consistent with

the Office of Management and Budget Circular No. A-94, and shall be

adopted and used by all agencies in developing their plans pursuant

to subsection (e), annual reports pursuant to subsection (g), and

budget estimates pursuant to subsection (h). For purposes of this

paragraph, the term "life cycle cost" means the total costs of

owning, operating, and maintaining a building over its economic

life, including its fuel and energy costs, determined on the basis

of a systematic evaluation and comparison of alternative building

systems. [References to National Bureau of Standards deemed to

refer to National Institute of Standards and Technology pursuant to

section 5115(c) of Pub. L. 100-418, set out as a Change of Name

note under 15 U.S.C. 271.]

(d) Not later than November 1, 1977, the Secretary, with the

concurrence of the Director of the Office of Management and Budget,

and after consultation with the Administrator of General Services

and the heads of the Executive agencies specified in subsection (a)

shall issue guidelines for the plans to be submitted pursuant to

subsection (e).

(e)(1) The head of each Executive agency that maintains any

existing building or will maintain any new building shall submit no

later than six months after the issuance of guidelines pursuant to

subsection (d), to the Secretary a ten-year plan designed to the

maximum extent practicable to meet the goals in subsection (b) for

the total of existing or new Federal buildings. Such ten-year plans

shall only consider improvements that are cost-effective consistent

with the criteria established by the Director of the Office of

Management and Budget (OMB Circular A-94) and the method

established pursuant to subsection (c) of this Section. The plan

submitted shall specify appropriate energy-saving initiatives and

shall estimate the expected improvements by fiscal year in terms of

specific accomplishments - energy savings and cost savings -

together with the estimated costs of achieving the savings.

(2) The plans submitted shall, to the maximum extent practicable,

include the results of preliminary energy audits of all existing

buildings with over 30,000 gross square feet of space owned and

maintained by Executive agencies. Further, the second annual report

submitted under subsection (g)(2) of this Section shall, to the

maximum extent practicable, include the results of preliminary

energy audits of all existing buildings with more than 5,000 but

not more than 30,000 gross square feet of space. The purpose of

such preliminary energy audits shall be to identify the type, size,

energy use level and major energy using systems of existing Federal

buildings.

(3) The Secretary shall evaluate agency plans relative to the

guidelines established pursuant to subsection (d) for such plans

and relative to the cost estimating method established pursuant to

subsection (c). Plans determined to be deficient by the Secretary

will be returned to the submitting agency head for revision and

resubmission within 60 days.

(4) The head of any Executive agency submitting a plan, should he

disagree with the Secretary's determination with respect to that

plan, may appeal to the Director of the Office of Management and

Budget for resolution of the disagreement.

(f) The head of each agency submitting a plan or revised plan

determined not deficient by the Secretary or, on appeal, by the

Director of the Office of Management and Budget, shall implement

the plan in accord with approved budget estimates.

(g)(1) Each Executive agency shall submit to the Secretary an

overall plan for conserving fuel and energy in all operations of

the agency. This overall plan shall be in addition to and include

any ten-year plan for energy conservation in Government buildings

submitted in accord with Subsection (e).

(2) By July 1 of each year, each Executive agency shall submit a

report to the Secretary on progress made toward achieving the goals

established in the overall plan required by paragraph (1) of this

subsection. The annual report shall include quantitative measures

and accomplishment with respect to energy saving actions taken, the

cost of these actions, the energy saved, the costs saved, and other

benefits realized.

(3) The Secretary shall prepare a consolidated annual report on

Federal government progress toward achieving the goals, including

aggregate quantitative measures of accomplishment as well as

suggested revisions to the ten-year plan, and submit the report to

the President by August 15 of each year.

(h) Each agency required to submit a plan shall submit to the

Director of the Office of Management and Budget with the agency's

annual budget submission, and in accordance with procedures and

requirements that the Director shall establish, estimates for

implementation of the agency's plan. The Director of the Office of

Management and Budget shall consult with the Secretary about the

agency budget estimates.

(i) Each agency shall program its proposed energy conservation

improvements of buildings so as to give the highest priority to the

most cost-effective projects.

(j) No agency of the Federal government may enter into a lease or

a commitment to lease a building the construction of which has not

commenced by the effective date of this Order unless the building

will likely meet or exceed the general goal set forth in subsection

(b)(2).

(k) The provisions of this Section do not apply to housing units

repossessed by the Federal Government.

EXECUTIVE ORDER NO. 12759

Ex. Ord. No. 12759, Apr. 17, 1991, 56 F.R. 16257, as amended by

Ex. Ord. No. 12902, Sec. 701, Mar. 8, 1994, 59 F.R. 11471, which

provided for minimization of petroleum use in Federal facilities,

vehicle fuel efficiency outreach programs, and Federal vehicle fuel

efficiency, was revoked by Ex. Ord. No. 13123, Sec. 604, June 3,

1999, 64 F.R. 30859, set out as a note under section 8251 of this

title.

EXECUTIVE ORDER NO. 12902

Ex. Ord. No. 12902, Mar. 8, 1994, 59 F.R. 11463, which directed

executive agencies to implement programs to reduce energy

consumption, increase energy efficiency, and conserve water, was

revoked by Ex. Ord. No. 13123, Sec. 604, June 3, 1999, 64 F.R.

30859, set out as a note under section 8251 of this title.

-End-

-CITE-

42 USC Sec. 6202 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

-HEAD-

Sec. 6202. Definitions

-STATUTE-

As used in this chapter:

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

(2) The term "person" includes (A) any individual, (B) any

corporation, company, association, firm, partnership, society,

trust, joint venture, or joint stock company, and (C) the

government and any agency of the United States or any State or

political subdivision thereof.

(3) The term "petroleum product" means crude oil, residual fuel

oil, or any refined petroleum product (including any natural

liquid and any natural gas liquid product).

(4) The term "State" means a State, the District of Columbia,

Puerto Rico, the Trust Territory of the Pacific Islands, or any

territory or possession of the United States.

(5) The term "United States" when used in the geographical

sense means all of the States and the Outer Continental Shelf.

(6) The term "Outer Continental Shelf" has the same meaning as

such term has under section 1331 of title 43.

(7) The term "international energy program" means the Agreement

on an International Energy Program, signed by the United States

on November 18, 1974, including (A) the annex entitled "Emergency

Reserves", (B) any amendment to such Agreement which includes

another nation as a party to such Agreement, and (C) any

technical or clerical amendment to such Agreement.

(8) The term "severe energy supply interruption" means a

national energy supply shortage which the President determines -

(A) is, or is likely to be, of significant scope and

duration, and of an emergency nature;

(B) may cause major adverse impact on national safety or the

national economy; and

(C) results, or is likely to result, from (i) an interruption

in the supply of imported petroleum products, (ii) an

interruption in the supply of domestic petroleum products, or

(iii) sabotage or an act of God.

(9) The term "antitrust laws" includes -

(A) the Act entitled "An Act to protect trade and commerce

against unlawful restraints and monopolies", approved July 2,

1890 (15 U.S.C. 1, et seq.);

(B) the Act entitled "An Act to supplement existing laws

against unlawful restraints and monopolies, and for other

purposes", approved October 15, 1914 (15 U.S.C. 12, et seq.);

(C) the Federal Trade Commission Act (15 U.S.C. 41, et seq.);

(D) sections 73 and 74 of the Act entitled "An Act to reduce

taxation, to provide revenue for the Government, and for other

purpose", approved August 27, 1894 (15 U.S.C. 8 and 9); and

(E) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a,

13b, and 21A).

(10) The term "Federal land" means all lands owned or

controlled by the United States, including the Outer Continental

Shelf, and any land in which the United States has reserved

mineral interests, except lands -

(A) held in trust for Indians or Alaska Natives,

(B) owned by Indians or Alaska Natives with Federal

restrictions on the title,

(C) within any area of the National Park System, the National

Wildlife Refuge System, the National Wilderness Preservation

System, the National System of Trails, or the Wild and Scenic

Rivers System, or

(D) within military reservations.

-SOURCE-

(Pub. L. 94-163, Sec. 3, Dec. 22, 1975, 89 Stat. 874; Pub. L.

95-619, title VI, Sec. 691(a), Nov. 9, 1978, 92 Stat. 3287; Pub. L.

98-454, title VI, Sec. 601(f), Oct. 5, 1984, 98 Stat. 1736; Pub. L.

101-383, Sec. 3(a), Sept. 15, 1990, 104 Stat. 727.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in introductory clause, 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.

Act approved July 2, 1890, referred to in par. (9)(A), is act

July 2, 1890, ch. 647, 26 Stat. 209, as amended, known as the

Sherman Act, which is classified to sections 1 to 7 of Title 15.

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

Title note set out under section 1 of Title 15 and Tables.

Act approved October 15, 1914, referred to in par. (9)(B), is act

Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the

Clayton Act, which is classified generally to sections 12, 13, 14

to 19, 20, 21, and 22 to 27 of Title 15, and sections 52 and 53 of

Title 29, Labor. For further details and complete classification of

this Act to the Code, see References in Text note set out under

section 12 of Title 15 and Tables.

The Federal Trade Commission Act, referred to in par. (9)(C), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of Title 15. For complete classification of this Act to the Code,

see section 58 of Title 15 and Tables.

Act of June 19, 1936, chapter 592, referred to in par. (9)(E), is

act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the

Robinson-Patman Antidiscrimination Act and also as the

Robinson-Patman Price Discrimination Act, which enacted sections

13a, 13b, and 21a of Title 15, Commerce and Trade, and amended

section 13 of Title 15. For complete classification of this Act to

the Code, see Short Title note set out under section 13 of Title 15

and Tables.

-MISC1-

AMENDMENTS

1990 - Par. (8)(C). Pub. L. 101-383 inserted "(i)" before "an

interruption" and substituted "(ii) an interruption in the supply

of domestic petroleum products, or (iii)" for "or from".

1984 - Par. (4). Pub. L. 98-454 inserted reference to Trust

Territory of the Pacific Islands.

1978 - Par. (1). Pub. L. 95-619 substituted definition of

"Secretary", meaning the Secretary of Energy, for definition of

"Administrator", meaning Administrator of the Federal Energy

Administration.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6241, 8374, 8502 of this

title.

-End-

-CITE-

42 USC SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

-HEAD-

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6391, 6393, 6394, 6396

of this title.

-End-

-CITE-

42 USC Part A - Domestic Supply 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part A - Domestic Supply

-HEAD-

PART A - DOMESTIC SUPPLY

-End-

-CITE-

42 USC Sec. 6211 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part A - Domestic Supply

-HEAD-

Sec. 6211. Repealed. Pub. L. 106-469, title I, Sec. 103(1), Nov. 9,

2000, 114 Stat. 2029

-MISC1-

Section, Pub. L. 94-163, title I, Sec. 102, Dec. 22, 1975, 89

Stat. 876; Pub. L. 94-385, title I, Sec. 164, Aug. 14, 1976, 90

Stat. 1142; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978,

92 Stat. 3288; Pub. L. 95-620, title VIII, Sec. 802, Nov. 9, 1978,

92 Stat. 3347, provided for incentives to develop underground coal

mines.

-End-

-CITE-

42 USC Sec. 6212 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part A - Domestic Supply

-HEAD-

Sec. 6212. Domestic use of energy supplies and related materials

and equipment

-STATUTE-

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-COD-

CODIFICATION

Subsec. (f) of this section, which required the President to

submit quarterly reports to Congress concerning the administration

of this section and any findings made pursuant to subsec. (a) or

(b) of this section, terminated, effective May 15, 2000, pursuant

to section 3003 of Pub. L. 104-66, as amended, set out as a note

under section 1113 of Title 31, Money and Finance. See, also, the

5th item on page 19 of House Document No. 103-7.

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6271, 6393 of this title;

title 15 section 719j.

-End-

-CITE-

42 USC Sec. 6213 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part A - Domestic Supply

-HEAD-

Sec. 6213. Certain lease bidding arrangements prohibited

-STATUTE-

(a) Promulgation of rule by Secretary of the Interior

The Secretary of the Interior shall, not later than 30 days after

December 22, 1975, prescribe and make effective a rule which

prohibits the bidding for any right to develop crude oil, natural

gas, and natural gas liquids on any lands located on the Outer

Continental Shelf by any person if more than one major oil company,

more than one affiliate of a major oil company, or a major oil

company and any affiliate of a major oil company, has or have a

significant ownership interest in such person. Such rule shall

define affiliate relationships and significant ownership interests.

(b) Definitions

As used in this section:

(1) The term "major oil company" means any person who,

individually or together with any other person with respect to

which such person has an affiliate relationship or significant

ownership interest, produced during a prior 6-month period

specified by the Secretary, an average daily volume of 1,600,000

barrels of crude oil, natural gas liquids equivalents, and

natural gas equivalents.

(2) One barrel of natural gas equivalent equals 5,626 cubic

feet of natural gas measured at 14.73 pounds per square inch

(MSL) and 60 degrees Fahrenheit.

(3) One barrel of natural gas liquids equivalent equals 1.454

barrels of natural gas liquids at 60 degrees Fahrenheit.

(c) Exemptions

The Secretary may, in his discretion, consider a request from any

person described in subsection (a) of this section for an exemption

from the prohibition of this section. In considering any such

request, the Secretary may exempt bidding for leases for lands in

any area only if the Secretary finds, on the record after

opportunity for an agency hearing, that -

(1) such lands have extremely high cost exploration or

development problems; and

(2) exploration and development will not occur on such lands

unless such exemption is granted.

Findings of the Secretary under this subsection shall be final, and

shall not be invalidated unless found to be arbitrary or

capricious.

(d) Unitization of producing fields

This section shall not be construed to prohibit the unitization

of producing fields to increase production or maximize ultimate

recovery of oil or natural gas, or both.

(e) Report to Congress covering extension of restrictions on joint

bidding

The Secretary shall study and report to the Congress, not later

than 6 months after December 22, 1975, with respect to the

feasibility and desirability of extending the prohibition on joint

bidding to -

(1) bidding for any right to develop crude oil, natural gas,

and natural gas liquids on Federal lands other than those located

on the Outer Continental Shelf; and

(2) bidding for any right to develop coal and oil shale on such

lands.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 105, Dec. 22, 1975, 89 Stat. 879;

Pub. L. 95-372, title II, Sec. 205(c), Sept. 18, 1978, 92 Stat.

646.)

-MISC1-

AMENDMENTS

1978 - Subsec. (c). Pub. L. 95-372 substituted "in his

discretion, consider a request from any person described in

subsection (a) of this section for an exemption from the

prohibition of this section" for "by amendment to the rule, exempt

bidding for leases for lands located in frontier or other areas

determined by the Secretary to be extremely high risk lands or to

present unusually high cost exploration, or development, problems"

in existing provisions and inserted provisions setting out the

requisite finding of the Secretary and making arbitrariness and

capriciousness of the Secretary's findings the only bases for

invalidation of those findings.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior to promulgate regulations

under this chapter relating to fostering of competition for Federal

leases and to implementation of alternative bidding systems

authorized for award of Federal leases transferred to Secretary of

Energy by section 7152(b) of this title. Section 7152(b) of this

title repealed by Pub. L. 97-100, title II, Sec. 201, Dec. 23,

1981, 95 Stat. 1407, and functions of Secretary of Energy returned

to Secretary of the Interior. See House Report No. 97-315, pp. 25,

26, Nov. 5, 1981.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7172 of this title.

-End-

-CITE-

42 USC Sec. 6214 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part A - Domestic Supply

-HEAD-

Sec. 6214. Repealed. Pub. L. 106-469, title I, Sec. 103(3), Nov. 9,

2000, 114 Stat. 2029

-MISC1-

Section, Pub. L. 94-163, title I, Sec. 106, Dec. 22, 1975, 89

Stat. 880, related to production of oil or gas at the maximum

efficient rate and temporary emergency production rate.

-End-

-CITE-

42 USC Sec. 6215 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part A - Domestic Supply

-HEAD-

Sec. 6215. Major fuel burning stationary source

-STATUTE-

(a) Restrictions on issuance of orders or rules by Governor

pursuant to section 7425 of this title

No Governor of a State may issue any order or rule pursuant to

section 7425 of this title to any major fuel burning stationary

source (or class or category thereof) -

(1) prohibiting such source from using fuels other than locally

or regionally available coal or coal derivatives, or

(2) requiring such source to enter into a contract (or

contracts) for supplies of locally or regionally available coal

or coal derivatives.

(b) Petition to President

(1) The Governor of any State may petition the President to

exercise the President's authorities pursuant to section 7425 of

this title with respect to any major fuel burning stationary source

located in such State.

(2) Any petition under paragraph (1) shall include documentation

which could support a finding that significant local or regional

economic disruption or unemployment would result from use by such

source of -

(A) coal or coal derivatives other than locally or regionally

available coal,

(B) petroleum products,

(C) natural gas, or

(D) any combination of fuels referred to in subparagraphs (A)

through (C), to comply with the requirements of a State

implementation plan pursuant to section 7410 of this title.

(c) Action to be taken by President

Within 90 days after the submission of a Governor's petition

under subsection (b) of this section, the President shall either

issue an order or rule pursuant to section 7425 of this title or

deny such petition, stating in writing his reasons for such denial.

In making his determination to issue such an order or rule pursuant

to this subsection, the President must find that such order or rule

would -

(1) be consistent with section 7425 of this title;

(2) result in no significant increase in the consumption of

energy;

(3) not subject the ultimate consumer to significantly higher

energy costs; and

(4) not violate any contractual relationship between such

source and any supplier or transporter of fuel to such source.

(d) Effect on authority of President to allocate coal or coal

derivatives

Nothing in subsection (a) or (b) of this section shall affect the

authority of the President or the Secretary of the Department of

Energy to allocate coal or coal derivatives under any provision of

law.

(e) Definitions

The terms "major fuel burning stationary source (or class or

category thereof)" and "locally or regionally available coal or

coal derivatives" shall have the meanings assigned to them for the

purposes of section 7425 of this title.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 107, as added Pub. L. 95-619, title

VI, Sec. 661, Nov. 9, 1978, 92 Stat. 3285; amended Pub. L. 106-469,

title VI, Sec. 605(b)(2), Nov. 9, 2000, 114 Stat. 2043.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-469 inserted section catchline.

-End-

-CITE-

42 USC Sec. 6216 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part A - Domestic Supply

-HEAD-

Sec. 6216. Annual Home Heating Readiness Reports

-STATUTE-

(a) In general

On or before September 1 of each year, the Secretary, acting

through the Administrator of the Energy Information Agency, shall

submit to Congress a Home Heating Readiness Report on the readiness

of the natural gas, heating oil and propane industries to supply

fuel under various weather conditions, including rapid decreases in

temperature.

(b) Contents

The Home Heating Readiness Report shall include -

(1) estimates of the consumption, expenditures, and average

price per gallon of heating oil and propane and thousand cubic

feet of natural gas for the upcoming period of October through

March for various weather conditions, with special attention to

extreme weather, and various regions of the country;

(2) an evaluation of -

(A) global and regional crude oil and refined product

supplies;

(B) the adequacy and utilization of refinery capacity;

(C) the adequacy, utilization, and distribution of regional

refined product storage capacity;

(D) weather conditions;

(E) the refined product transportation system;

(F) market inefficiencies; and

(G) any other factor affecting the functional capability of

the heating oil industry and propane industry that has the

potential to affect national or regional supplies and prices;

(3) recommendations on steps that the Federal, State, and local

governments can take to prevent or alleviate the impact of sharp

and sustained increases in the price of natural gas, heating oil,

and propane; and

(4) recommendations on steps that companies engaged in the

production, refining, storage, transportation of heating oil or

propane, or any other activity related to the heating oil

industry or propane industry, can take to prevent or alleviate

the impact of sharp and sustained increases in the price of

heating oil and propane.

(c) Information requests

The Secretary may request information necessary to prepare the

Home Heating Readiness Report from companies described in

subsection (b)(4) of this section.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 108, as added Pub. L. 106-469, title

VI, Sec. 605(a), Nov. 9, 2000, 114 Stat. 2042.)

-End-

-CITE-

42 USC Sec. 6217 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part A - Domestic Supply

-HEAD-

Sec. 6217. Scientific inventory of oil and gas reserves

-STATUTE-

(a) In general

The Secretary of the Interior, in consultation with the

Secretaries of Agriculture and Energy, shall conduct an inventory

of all onshore Federal lands. The inventory shall identify -

(1) the United States Geological Survey reserve estimates of

the oil and gas resources underlying these lands; and

(2) the extent and nature of any restrictions or impediments to

the development of such resources.

(b) Regular update

Once completed, the USGS reserve estimates and the surface

availability data as provided in subsection (a)(2) of this section

shall be regularly updated and made publically (!1) available.

(c) Inventory

The inventory shall be provided to the Committee on Resources of

the House of Representatives and to the Committee on Energy and

Natural Resources of the Senate within 2 years after November 9,

2000.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to implement this section.

-SOURCE-

(Pub. L. 106-469, title VI, Sec. 604, Nov. 9, 2000, 114 Stat.

2041.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Act of 2000, and not as

part of the Energy Policy and Conservation Act which comprises this

chapter.

-FOOTNOTE-

(!1) So in original. Probably should be "publicly".

-End-

-CITE-

42 USC Part B - Strategic Petroleum Reserve 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

PART B - STRATEGIC PETROLEUM RESERVE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 6249, 6250, 7270a, 7270b of

this title; title 10 section 7430; title 12 section 1701z-8.

-End-

-CITE-

42 USC Sec. 6231 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6231. Congressional finding and declaration of policy

-STATUTE-

(a) The Congress finds that the storage of substantial quantities

of petroleum products will diminish the vulnerability of the United

States to the effects of a severe energy supply interruption, and

provide limited protection from the short-term consequences of

interruptions in supplies of petroleum products.

(b) It is the policy of the United States to provide for the

creation of a Strategic Petroleum Reserve for the storage of up to

1 billion barrels of petroleum products to reduce the impact of

disruptions in supplies of petroleum products, to carry out

obligations of the United States under the international energy

program, and for other purposes as provided for in this chapter.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 151, Dec. 22, 1975, 89 Stat. 881;

Pub. L. 106-469, title I, Sec. 103(4), Nov. 9, 2000, 114 Stat.

2029.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), 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.

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-469 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "It is

hereby declared to be the policy of the United States to provide

for the creation of a Strategic Petroleum Reserve for the storage

of up to 1 billion barrels of petroleum products, but not less than

150 million barrels of petroleum products by the end of the 3-year

period which begins on December 22, 1975, for the purpose of

reducing the impact of disruptions in supplies of petroleum

products or to carry out obligations of the United States under the

international energy program. It is further declared to be the

policy of the United States to provide for the creation of an Early

Storage Reserve, as part of the Reserve, for the purpose of

providing limited protection from the impact of near-term

disruptions in supplies of petroleum products or to carry out

obligations of the United States under the international energy

program."

STUDY OF A STRATEGIC ETHANOL RESERVE

Pub. L. 99-198, title XVII, Sec. 1778, Dec. 23, 1985, 99 Stat.

1659, provided that:

"(a) The Secretary of Agriculture shall conduct a study of the

cost effectiveness, the economic benefits, and the feasibility of

establishing, maintaining, and utilizing a Strategic Ethanol

Reserve relative to the existing Strategic Petroleum Reserve.

"(b) The study shall be completed within one year after the

enactment of this section [Dec. 23, 1985] and shall include, among

other considerations -

"(1) the benefits and losses related to the U.S. economy, farm

income, employment, government commodity programs, and the trade

deficit of utilizing a Strategic Ethanol Reserve, as opposed to

the Strategic Petroleum Reserve; and

"(2) the savings from storing ethanol as opposed to storing the

amount of CCC-held grain necessary to produce the ethanol.

"(c) If the study shows that the Strategic Ethanol Reserve is

cost effective, beneficial to the U.S. economy, and feasible in

comparison with the Strategic Petroleum Reserve, the Secretary of

Agriculture may establish, maintain, and utilize a Strategic

Ethanol Reserve."

ADDITIONAL CONGRESSIONAL FINDINGS

Pub. L. 97-35, title X, Sec. 1032, Aug. 13, 1981, 95 Stat. 618,

provided that: "The Congress finds that -

"(1) the Strategic Petroleum Reserve should be considered a

national security asset; and

"(2) enlarging the capacity and filling of the Strategic

Petroleum Reserve should be accelerated (to the extent

technically and economically practicable) to take advantage of

any increased availability of crude oil in the world market from

time to time."

-End-

-CITE-

42 USC Sec. 6232 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6232. Definitions

-STATUTE-

As used in this part and part C of this subchapter:

(1) Repealed. Pub. L. 106-469, title I, Sec. 103(5)(A), Nov. 9,

2000, 114 Stat. 2029.

(2) The term "importer" means any person who owns, at the first

place of storage, any petroleum product imported into the United

States.

(3) Repealed. Pub. L. 106-469, title I, Sec. 103(5)(A), Nov. 9,

2000, 114 Stat. 2029.

(4) The term "interest in land" means any ownership or

possessory right with respect to real property, including

ownership in fee, an easement, a leasehold, and any subsurface or

mineral rights.

(5) The term "readily available inventories" means stocks and

supplies of petroleum products which can be distributed or used

without affecting the ability of the importer or refiner to

operate at normal capacity; such term does not include minimum

working inventories or other unavailable stocks.

(6) The term "refiner" means any person who owns, operates, or

controls the operation of any refinery.

(7) Repealed. Pub. L. 106-469, title I, Sec. 103(5)(A), Nov. 9,

2000, 114 Stat. 2029.

(8) The term "related facility" means any necessary

appurtenance to a storage facility, including pipelines,

roadways, reservoirs, and salt brine lines.

(9) The term "Reserve" means the Strategic Petroleum Reserve.

(10) The term "storage facility" means any facility or

geological formation which is capable of storing significant

quantities of petroleum products.

(11) The term "Strategic Petroleum Reserve" means petroleum

products stored in storage facilities pursuant to this part.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 152, Dec. 22, 1975, 89 Stat. 882;

Pub. L. 101-383, Sec. 6(a)(1), Sept. 15, 1990, 104 Stat. 729; Pub.

L. 106-469, title I, Sec. 103(5), Nov. 9, 2000, 114 Stat. 2029.)

-MISC1-

AMENDMENTS

2000 - Par. (1). Pub. L. 106-469, Sec. 103(5)(A), struck out par.

(1) which read as follows: "The term 'Early Storage Reserve' means

that portion of the Strategic Petroleum Reserve which consists of

petroleum products stored pursuant to section 6235 of this title."

Par. (3). Pub. L. 106-469, Sec. 103(5)(A), struck out par. (3)

which read as follows: "The term 'Industrial Petroleum Reserve'

means that portion of the Strategic Petroleum Reserve which

consists of petroleum products owned by importers or refiners and

acquired, stored, or maintained pursuant to section 6236 of this

title."

Par. (7). Pub. L. 106-469, Sec. 103(5)(A), struck out par. (7)

which read as follows: "The term 'Regional Petroleum Reserve' means

that portion of the Strategic Petroleum Reserve which consists of

petroleum products stored pursuant to section 6237 of this title."

Par. (11). Pub. L. 106-469, Sec. 103(5)(B), struck out "; such

term includes the Industrial Petroleum Reserve, the Early Storage

Reserve, and the Regional Petroleum Reserve" before period at end.

1990 - Pub. L. 101-383 inserted "and part C of this subchapter"

after "this part".

-End-

-CITE-

42 USC Sec. 6233 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6233. Repealed. Pub. L. 106-469, title I, Sec. 103(6), Nov. 9,

2000, 114 Stat. 2030

-MISC1-

Section, Pub. L. 94-163, title I, Sec. 153, Dec. 22, 1975, 89

Stat. 882; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978,

92 Stat. 3288, related to the Strategic Petroleum Reserve Office.

-End-

-CITE-

42 USC Sec. 6234 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6234. Strategic Petroleum Reserve

-STATUTE-

(a) Establishment

A Strategic Petroleum Reserve for the storage of up to 1 billion

barrels of petroleum products shall be created pursuant to this

part.

(b) Authority of Secretary

The Secretary, in accordance with this part, shall exercise

authority over the development, operation, and maintenance of the

Reserve.

(c) to (e) Repealed. Pub. L. 106-469, title I, Sec. 103(7)(C), Nov.

9, 2000, 114 Stat. 2030

(f) Purpose of drawdown and distribution; requests for funds for

storage

(1) The drawdown and distribution of petroleum products from the

Strategic Petroleum Reserve is authorized only under section 6241

of this title, and drawdown and distribution of petroleum products

for purposes other than those described in section 6241 of this

title shall be prohibited.

(2) In the Secretary's annual budget submission, the Secretary

shall request funds for acquisition, transportation, and injection

of petroleum products for storage in the Reserve. If no requests

for funds are made, the Secretary shall provide a written

explanation of the reason therefore.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 154, Dec. 22, 1975, 89 Stat. 882;

Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.

3288; Pub. L. 102-486, title XIV, Sec. 1402, Oct. 24, 1992, 106

Stat. 2994; Pub. L. 105-177, Sec. 1(6), June 1, 1998, 112 Stat.

106; Pub. L. 106-469, title I, Sec. 103(7), Nov. 9, 2000, 114 Stat.

2030.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-469, Sec. 103(7)(A), amended

subsec. (a) generally. Prior to amendment, subsec. (a) provided for

the creation of a Strategic Petroleum Reserve of up to 1 billion

barrels of petroleum products and required that the Reserve contain

not less than 150 million barrels of petroleum products by the end

of the 3-year period beginning on Dec. 22, 1975, and that the

President take actions to enlarge the Reserve to 1,000,000,000

barrels as rapidly as possible beginning Oct. 24, 1992.

Subsec. (b). Pub. L. 106-469, Sec. 103(7)(B), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "The

Secretary, not later than December 15, 1976, shall prepare and

transmit to the Congress, in accordance with section 6421 of this

title, a Strategic Petroleum Reserve Plan. Such Plan shall comply

with the provisions of this section and shall detail the

Secretary's proposals for designing, constructing, and filling the

storage and related facilities of the Reserve."

Subsecs. (c) to (e). Pub. L. 106-469, Sec. 103(7)(C), struck out

subsecs. (c) to (e) which related to the levels of crude oil to be

stored, plan objectives, and plan provisions.

1998 - Subsec. (f). Pub. L. 105-177 added subsec. (f).

1992 - Subsec. (a). Pub. L. 102-486 designated existing

provisions as par. (1) and added par. (2).

1978 - Subsecs. (b), (d). Pub. L. 95-619 substituted "Secretary"

and "Secretary's" for "Administrator" and "Administrator's",

respectively, meaning Administrator of the Federal Energy

Administration, wherever appearing.

STRATEGIC PETROLEUM RESERVE DRAWDOWN PLAN

Pub. L. 97-229, Sec. 4(c), Aug. 3, 1982, 96 Stat. 252, provided

that: "On or before December 1, 1982, the President shall transmit

to the Congress a drawdown plan for the Strategic Petroleum Reserve

consistent with the requirements of section 154 of the Energy

Policy and Conservation Act [this section]. Such plan shall be

transmitted to the Congress as an amendment to the Strategic

Petroleum Reserve Plan. Such amendment shall take effect on the

date it is transmitted to the Congress and shall not be subject to

section 159(e) of such Act [section 6239(e) of this title] relating

to Congressional review. Subsequent amendments to such plan shall

be in accordance with subsections (d) and (e) of such section 159."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 714b.

-End-

-CITE-

42 USC Secs. 6235 to 6238 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Secs. 6235 to 6238. Repealed. Pub. L. 106-469, title I, Sec.

103(8)-(11), Nov. 9, 2000, 114 Stat. 2030

-MISC1-

Section 6235, Pub. L. 94-163, title I, Sec. 155, Dec. 22, 1975,

89 Stat. 884; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9,

1978, 92 Stat. 3288, related to the Early Storage Reserve.

Section 6236, Pub. L. 94-163, title I, Sec. 156, Dec. 22, 1975,

89 Stat. 885; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9,

1978, 92 Stat. 3288, related to the Industrial Petroleum Reserve.

Section 6237, Pub. L. 94-163, title I, Sec. 157, Dec. 22, 1975,

89 Stat. 885; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9,

1978, 92 Stat. 3288; Pub. L. 102-486, title XIV, Sec. 1405, Oct.

24, 1992, 106 Stat. 2995, related to the Regional Petroleum

Reserve.

Section 6238, Pub. L. 94-163, title I, Sec. 158, Dec. 22, 1975,

89 Stat. 886; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9,

1978, 92 Stat. 3288, related to a report on the establishment of

Utility Reserves, Coal Reserves, Remote Crude Oil and Natural Gas

Reserves.

-End-

-CITE-

42 USC Sec. 6239 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6239. Development, operation, and maintenance of the Reserve

-STATUTE-

(a) to (e) Repealed. Pub. L. 106-469, title I, Sec. 103(13)(A),

Nov. 9, 2000, 114 Stat. 2030

(f) Powers of Secretary to develop and operate the Strategic

Petroleum Reserve

In order to develop, operate, or maintain the Strategic Petroleum

Reserve, the Secretary may -

(1) issue rules, regulations, or orders;

(2) acquire by purchase, condemnation, or otherwise, land or

interests in land for the location of storage and related

facilities;

(3) construct, purchase, lease, or otherwise acquire storage

and related facilities;

(4) use, lease, maintain, sell or otherwise dispose of land or

interests in land, or of storage and related facilities acquired

under this part, under such terms and conditions as the Secretary

considers necessary or appropriate;

(5) acquire, subject to the provisions of section 6240 of this

title, by purchase, exchange, or otherwise, petroleum products

for storage in the Strategic Petroleum Reserve;

(6) store petroleum products in storage facilities owned and

controlled by the United States or in storage facilities owned by

others if those facilities are subject to audit by the United

States;

(7) execute any contracts necessary to develop, operate, or

maintain the Strategic Petroleum Reserve;

(8) bring an action, when the Secretary considers it necessary,

in any court having jurisdiction over the proceedings, to acquire

by condemnation any real or personal property, including

facilities, temporary use of facilities, or other interests in

land, together with any personal property located on or used with

the land.

(g) Acquisition of property by negotiation as prerequisite to

condemnation

Before any condemnation proceedings are instituted, an effort

shall be made to acquire the property involved by negotiation,

unless, the effort to acquire such property by negotiation would,

in the judgement of the Secretary be futile or so time-consuming as

to unreasonably delay the development of the Strategic Petroleum

Reserve, because of (1) reasonable doubt as to the identity of the

owners, (2) the large number of persons with whom it would be

necessary to negotiate, or (3) other reasons.

(h), (i) Repealed. Pub. L. 106-469, title I, Sec. 103(13)(D), Nov.

9, 2000, 114 Stat. 2031

(j) Expansion beyond 700,000,000 barrels

If the Secretary determines expansion beyond 700,000,000 barrels

of petroleum product inventory is appropriate, the Secretary shall

submit a plan for expansion to the Congress.

(k) Exemption from subtitle IV of title 49

A storage or related facility of the Strategic Petroleum Reserve

owned by or leased to the United States is not subject to the

Interstate Commerce Act.

(l) Rulemaking during drawdown and sale

During a drawdown and sale of Strategic Petroleum Reserve

petroleum products, the Secretary may issue implementing rules,

regulations, or orders in accordance with section 553 of title 5,

without regard to rulemaking requirements in section 6393 of this

title, and section 7191 of this title.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 159, Dec. 22, 1975, 89 Stat. 886;

Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.

3288; Pub. L. 97-229, Sec. 4(b)(1), (2)(B), Aug. 3, 1982, 96 Stat.

251, 252; Pub. L. 99-58, title I, Sec. 102(a), July 2, 1985, 99

Stat. 102; Pub. L. 101-383, Secs. 4(a), 9, 11, Sept. 15, 1990, 104

Stat. 728, 735; Pub. L. 106-469, title I, Sec. 103(12), (13), Nov.

9, 2000, 114 Stat. 2030.)

-REFTEXT-

REFERENCES IN TEXT

The Interstate Commerce Act, referred to in subsec. (k), is act

Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended, which was

classified generally to chapters 1, 8, 12, 13, and 19 (Secs. 1 et

seq., 301 et seq., 901 et seq., 1001 et seq., and 1231 et seq.,

respectively) of former Title 49, Transportation. The Act was

repealed (subject to an exception) by Pub. L. 95-473, Sec. 4(b),

Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted

subtitle IV (Sec. 10101 et seq.) of Title 49. Section 4(c) of Pub.

L. 95-473 excepted from repeal those provisions of the Interstate

Commerce Act that vested functions in the Interstate Commerce

Commission, or the chairman or members of the Commission, related

to transportation of oil by pipeline and that were transferred to

the Secretary of Energy and the Federal Energy Regulatory

Commission by sections 7155 and 7172(b) of this title.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-469, Sec. 103(12), amended section catchline

generally.

Subsecs. (a) to (e). Pub. L. 106-469, Sec. 103(13)(A), struck out

subsecs. (a) to (e) which related to congressional review and

effective date of the Strategic Petroleum Reserve Plan, preparation

and transmittal to Congress of proposals for designing,

constructing, and filling facilities and of Plan amendments, and

60-day waiting period for effectiveness of amendments.

Subsec. (f). Pub. L. 106-469, Sec. 103(13)(B), amended subsec.

(f) generally. Prior to amendment, subsec. (f) set out powers of

the Secretary to implement the Strategic Petroleum Reserve Plan,

the Early Storage Reserve Plan, proposals for designing,

constructing, and filling facilities, amendments to the Plans, and

the storage of petroleum products in interim storage facilities.

Subsec. (g). Pub. L. 106-469, Sec. 103(13)(C), substituted

"development" for "implementation" and struck out "Plan" after

"Strategic Petroleum Reserve".

Subsecs. (h), (i). Pub. L. 106-469, Sec. 103(13)(D), struck out

subsecs. (h) and (i) which related to use of interim storage

facilities and environmental considerations for existing

facilities, and report to Congress on results of negotiations for

enlargement of Strategic Petroleum Reserve to one billion barrels.

Subsec. (j). Pub. L. 106-469, Sec. 103(13)(E), amended subsec.

(j) generally. Prior to amendment, subsec. (j) read as follows: "No

later than 24 months after September 15, 1990, the Secretary shall

amend the Strategic Petroleum Reserve Plan to prescribe plans for

completion of storage of one billion barrels of petroleum product

in the Reserve. Such amendment shall comply with the provisions of

this section and shall detail the Secretary's plans for the design,

construction, leasing or other acquisition, and fill of storage and

related facilities of the Reserve to achieve such one billion

barrels of storage. Such amendment shall not be subject to the

congressional review procedures contained in section 6421 of this

title. In assessing alternatives in the development of such plans,

the Secretary shall consider leasing privately owned storage

facilities."

Subsec. (l). Pub. L. 106-469, Sec. 103(13)(F), amended subsec.

(l) generally. Prior to amendment, subsec. (l) read as follows:

"Notwithstanding subsection (d) of this section, during any period

in which the Distribution Plan is being implemented, the Secretary

may amend the plan and promulgate rules, regulations, or orders to

implement such amendments in accordance with section 6393 of this

title, without regard to the requirements of section 553 of title 5

and section 7191 of this title. Such amendments shall be

transmitted to the Congress together with a statement explaining

the need for such amendments."

1990 - Subsecs. (i), (j). Pub. L. 101-383, Sec. 4(a), added

subsecs. (i) and (j).

Subsec. (k). Pub. L. 101-383, Sec. 9, added subsec. (k).

Subsec. (l). Pub. L. 101-383, Sec. 11, added subsec. (l).

1985 - Subsec. (e). Pub. L. 99-58 amended subsec. (e) generally,

substituting provisions directing that amendments transmitted

pursuant to subsec. (d) of this section not become effective until

60 days after transmittal except in the case of enumerated

presidential determinations for provisions which had formerly

empowered Congress to disapprove of transmitted proposals and

amendments in accordance with the procedures specified in section

6421 of this title.

1982 - Subsec. (f)(5). Pub. L. 97-229, Sec. 4(b)(1), added par.

(5).

Subsec. (h). Pub. L. 97-229, Sec. 4(b)(2)(B), added subsec. (h).

1978 - Subsecs. (a)(1), (c), (d), (e)(1), (f), (f)(I), (g). Pub.

L. 95-619 substituted "Secretary" for "Administrator", meaning

Administrator of the Federal Energy Administration, wherever

appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 7430.

-End-

-CITE-

42 USC Sec. 6240 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6240. Petroleum products for storage, transport, or exchange

-STATUTE-

(a) Eligibility of petroleum products

The Secretary may acquire, place in storage, transport, or

exchange -

(1) crude oil produced from Federal lands (!1)

(2) crude oil which the United States is entitled to receive in

kind as royalties from production on Federal lands; and

(3) petroleum products acquired by purchase, exchange, or

otherwise.

(b) Objectives in determining manner of acquisition

The Secretary shall, to the greatest extent practicable, acquire

petroleum products for the Reserve in a manner consonant with the

following objectives:

(1) minimization of the cost of the Reserve;

(2) Repealed. Pub. L. 106-469, title I, Sec. 103(14)(C), Nov.

9, 2000, 114 Stat. 2031;

(3) minimization of the Nation's vulnerability to a severe

energy supply interruption;

(4) minimization of the impact of such acquisition upon supply

levels and market forces; and

(5) encouragement of competition in the petroleum industry.

(c) to (e) Repealed. Pub. L. 106-469, title I, Sec. 103(14)(D),

Nov. 9, 2000, 114 Stat. 2031

(f) Predrawdown diversion

If the Secretary finds that a severe energy supply interruption

may be imminent, the Secretary may suspend the acquisition of

petroleum product for, and the injection of petroleum product into,

the Reserve and may sell any petroleum product acquired for and in

transit to, but not injected into, the Reserve.

(g) Repealed. Pub. L. 106-469, title I, Sec. 103(14)(D), Nov. 9,

2000, 114 Stat. 2031

(h) Purchase from stripper well properties

(1) If the President finds that declines in the production of oil

from domestic resources pose a threat to national energy security,

the President may direct the Secretary to acquire oil from domestic

production of stripper well properties for storage in the Strategic

Petroleum Reserve. Except as provided in paragraph (2), the

Secretary may set such terms and conditions as he deems necessary

for such acquisition.

(2) Crude oil purchased by the Secretary pursuant to this

subsection shall be by competitive bid. The price paid by the

Secretary -

(A) shall take into account the cost of production including

costs of reservoir and well maintenance; and

(B) shall not exceed the price that would have been paid if the

Secretary had acquired petroleum products of a similar quality on

the open market under competitive bid procedures without regard

to the source of the petroleum products.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 160, Dec. 22, 1975, 89 Stat. 888;

Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.

3288; Pub. L. 96-294, title VIII, Secs. 801(a), 802(a), 803, June

30, 1980, 94 Stat. 775, 776; Pub. L. 97-35, title X, Sec. 1033,

Aug. 13, 1981, 95 Stat. 618; Pub. L. 97-229, Sec. 4(a)(1),

(b)(2)(C), Aug. 3, 1982, 96 Stat. 250, 252; Pub. L. 99-58, title I,

Secs. 102(b), 103(b)(1), July 2, 1985, 99 Stat. 103, 104; Pub. L.

99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 342; Pub. L.

99-272, title VII, Sec. 7102, Apr. 7, 1986, 100 Stat. 141; Pub. L.

99-509, title III, Sec. 3202, Oct. 21, 1986, 100 Stat. 1889; Pub.

L. 101-383, Secs. 4(b), (c), 5(a), (b)(3), 7, Sept. 15, 1990, 104

Stat. 728, 729, 734; Pub. L. 101-548, Sec. 1, Nov. 14, 1990, 104

Stat. 2398; Pub. L. 102-486, title XIV, Sec. 1404(a), (b)(2), Oct.

24, 1992, 106 Stat. 2994, 2995; Pub. L. 104-66, title I, Sec.

1051(f), Dec. 21, 1995, 109 Stat. 716; Pub. L. 106-469, title I,

Sec. 103(14), Nov. 9, 2000, 114 Stat. 2031.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-469, Sec. 103(14)(A), in

introductory provisions, substituted "The Secretary may acquire,

place in storage, transport, or exchange" for "The Secretary is

authorized, for purposes of implementing the Strategic Petroleum

Reserve Plan or the Early Storage Reserve Plan, to place in

storage, transport, or exchange".

Subsec. (a)(1). Pub. L. 106-469, Sec. 103(14)(B), struck out ",

including crude oil produced from the Naval Petroleum Reserves to

the extent that such production is authorized by law;" after

"Federal lands".

Subsec. (b). Pub. L. 106-469, Sec. 103(14)(C), struck out ",

including the Early Storage Reserve and the Regional Petroleum

Reserve" before "in a manner consonant" in introductory provisions.

Subsec. (b)(2). Pub. L. 106-469, Sec. 103(14)(C), struck out par.

(2) which read as follows: "orderly development of the Naval

Petroleum Reserves to the extent authorized by law;".

Subsecs. (c) to (e). Pub. L. 106-469, Sec. 103(14)(D), struck out

subsecs. (c) to (e) which related to fill operations by the

President, disposition of crude oil from Naval Petroleum Reserve

Numbered 1, and suspensions of fill operations during emergency

situations.

Subsec. (g). Pub. L. 106-469, Sec. 103(14)(D), struck out subsec.

(g) which required the Secretary to conduct a test program of

storage of refined petroleum products within the Reserve.

1995 - Subsec. (g)(7). Pub. L. 104-66 struck out par. (7) which

read as follows: "No later than January 31, 1994, the Secretary

shall transmit to the Congress a report on the test program. The

report shall evaluate the mechanisms demonstrated under the test

program, other potential mechanisms, and the purchase of

facilities. The report shall include an assessment of the costs and

benefits of the various mechanisms. The report shall also make

recommendations with regard to future storage of refined petroleum

products and contain drafts of any legislative provisions which the

Secretary wishes to recommend."

1992 - Subsec. (d)(2). Pub. L. 102-486, Sec. 1405, redesignated

cls. (i) to (iii) as pars. (A) to (C), respectively, and struck out

former par. (A) designation after "(2)".

Subsec. (h). Pub. L. 102-486, Sec. 1404(a), added subsec. (h).

1990 - Subsec. (c)(3). Pub. L. 101-383, Sec. 4(b)(1), substituted

"fiscal year 1994" for "fiscal years 1988 and 1989" and

"1,000,000,000" for "at least 750,000,000".

Subsec. (d)(1)(A). Pub. L. 101-383, Sec. 4(c), inserted

"Government owned facilities of" after "within".

Subsec. (d)(1)(B). Pub. L. 101-383, Sec. 4(b)(2), inserted before

period at end "and the Secretary has amended the Strategic

Petroleum Reserve Plan as required by section 6239(j) of this

title".

Subsec. (d)(4). Pub. L. 101-383, Sec. 5(b)(3), added par. (4).

Subsec. (f). Pub. L. 101-383, Sec. 5(a), added subsec. (f).

Subsec. (g). Pub. L. 101-548 inserted "with regard to future

storage of refined petroleum products and" after "recommendations"

in par. (7).

Pub. L. 101-383, Sec. 7, added subsec. (g).

1986 - Subsec. (c)(3). Pub. L. 99-509, Sec. 3202(a), substituted

"fiscal year 1987 and continuing through fiscal years 1988 and

1989" for "fiscal year 1986 and continuing through fiscal years

1987 and 1988", "750,000,000 barrels" for "527,000,000 barrels",

and "at the highest practicable fill rate achievable, subject to

the availability of appropriated funds" for "at a level sufficient

to assure a minimum average annual fill-rate of at least 35,000

barrels per day in addition to any petroleum products acquired for

the Reserve to replace petroleum products withdrawn from the

Reserve as a result of a test drawdown and distribution".

Pub. L. 99-272, Sec. 7102(a), added par. (3).

Subsec. (d)(1)(A). Pub. L. 99-509, Sec. 3202(b)(1), substituted

"750,000,000 barrels" for "527,000,000 barrels".

Pub. L. 99-272, Sec. 7102(b)(1), substituted "527,000,000

barrels" for "500,000,000 barrels".

Subsec. (d)(1)(B). Pub. L. 99-509, Sec. 3202(b)(2), substituted

"75,000 barrels" for "100,000 barrels", and substituted a period

for "; or".

Subsec. (d)(1)(C). Pub. L. 99-509, Sec. 3202(b)(3), struck out

subpar. (C) which read as follows: "acquisition, transportation,

and injection activities for the Reserve are being undertaken,

beginning in fiscal year 1986 and continuing through fiscal years

1987 and 1988 until the quantity of crude oil in storage within the

Reserve is at least 527,000,000 barrels, at a level sufficient to

assure that petroleum products in storage in the Reserve will be

increased at a minimum annual average rate of at least 35,000

barrels per day in addition to any petroleum products acquired for

the Reserve to replace petroleum products withdrawn from the

Reserve as a result of a test drawdown and distribution".

Pub. L. 99-272, Sec. 7102(b)(2), added subpar. (C) and struck out

former subpar. (C) which read as follows: "the fill rate is

sufficient to attain a level of 500,000,000 barrels by the end of

the fiscal year during which the fill rate falls below the rate

established in (B)."

1985 - Subsec. (d)(1)(C). Pub. L. 99-88 added subpar. (C).

Subsec. (d)(3). Pub. L. 99-58, Sec. 103(b)(1), added par. (3).

Subsec. (e)(1)(B). Pub. L. 99-58, Sec. 102(b)(1), (2), inserted

"and" at end of cl. (i), inserted a period following "to the

Congress", and struck out "in accordance with section 6422 of this

title, together with a request for a suspension of such provisions;

and" in cl. (ii), and struck out cl. (iii) which directed that

provisions of subsecs. (c) and (d) of this section would not apply

if a Presidential request for the suspension of such provisions was

approved by a resolution of each House of Congress within 60 days

of continuous session after the date of its transmittal in

accordance with provisions of section 6422 of this title applicable

to energy conservation contingency plans.

Subsec. (e)(2). Pub. L. 99-58, Sec. 102(b)(3), substituted "may

become effective on the day the finding is transmitted to the

Congress and shall terminate nine months thereafter or on such

earlier date as is specified in such finding" for "shall take

effect on the date on which a resolution approving that request is

adopted by the second House to have so approved that request and

shall terminate 9 months thereafter, or such earlier date as is

specified in the request transmitted under paragraph (1)(B)(ii)".

Subsec. (e)(3), (4). Pub. L. 99-58, Sec. 102(b)(3), (4),

redesignated par. (4) as (3). Former par. (3), which related to

application of section 6422 of this title for purposes of par.

(1)(B), was struck out.

1982 - Subsec. (c). Pub. L. 97-229, Sec. 4(a)(1), substituted

provisions directing the President to fill the Strategic Petroleum

Reserve with petroleum products at a level sufficient to assure an

increase at an annual rate of at least the minimum required fill

rate, 300,000 barrels per day, until the quantity of petroleum

products stored is at least 500,000,000 barrels, allowing for a

lower minimum required fill rate of 220,000 barrels per day if the

President finds that compliance with the 300,000 barrels per day

rate would not be in the national interest, specifying the

effective period of such a Presidential finding, authorizing a

higher minimum required rate than the 220,000 barrels per day if

funds are available in any fiscal year after fiscal year 1982,

making the Impoundment Control Act of 1974 applicable to funds

available under section 6247(b) and (e) of this title, and

providing that, after the Strategic Petroleum Reserve reaches

500,000,000 barrels, the President shall seek to fill the Reserve

at an annual rate of at least 300,000 barrels per day of petroleum

products until the Reserve reaches 750,000,000 barrels for

provisions directing the President to seek to fill the Strategic

Petroleum Reserve with crude oil at a level sufficient to assure

that crude oil in storage will be increased at an average annual

rate of at least 300,000 barrels per day until the Reserve is at

least 750,000,000 barrels.

Subsec. (e)(4). Pub. L. 97-229, Sec. 4(b)(2)(C), substituted

"petroleum product" for "crude oil".

1981 - Subsec. (c). Pub. L. 97-35 substituted provisions

respecting fill operation at a rate of 300,000 barrels per day for

provisions respecting fill operation at a rate of 100,000 barrels

per day.

1980 - Subsec. (c). Pub. L. 96-294, Sec. 801(a), added subsec.

(c).

Subsec. (d). Pub. L. 96-294, Sec. 802(a), added subsec. (d).

Subsec. (e). Pub. L. 96-294, Sec. 803, added subsec. (e).

1978 - Pub. L. 95-619 substituted "Secretary" for

"Administrator", meaning Administrator of the Federal Energy

Administration, wherever appearing.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 4(a)(2) of Pub. L. 97-229 provided that: "The amendment

made by paragraph (1) [amending this section] shall take effect

July 1, 1982."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 1038 of title X of Pub. L. 97-35 provided that: "The

provisions of this title [enacting sections 6247, 8341, and 8484 of

this title, amending this section and sections 6245, 6246, 6831 to

6833, 6835, 6837 to 6839, 8372, 8421, 8422, and 8803 of this title,

repealing sections 6834, 6836 and 8341 of this title, and enacting

provisions set out as notes under sections 6201, 6231, 6247, 7270,

and 8341 of this title, section 3620 of Title 12, Banks and

Banking, and section 719e of Title 15, Commerce and Trade] shall

take effect on the date of enactment of this Act [Aug. 13, 1981]."

EFFECTIVE DATE OF 1980 AMENDMENT

Section 801(b) of Pub. L. 96-294 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

the date of the enactment of this Act [June 30, 1980], and shall

apply with respect to the entirety of fiscal year 1981 (and each

fiscal year thereafter)."

Section 802(b) of Pub. L. 96-294 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect

October 1, 1980."

SUSPENSION OF TEST PROGRAM REQUIREMENTS DURING FISCAL YEAR 1994

Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1406,

provided in part that requirements of subsec. (g) of this section

would not apply in fiscal year 1994.

STUDY AND REPORT ON OIL LEASING AND OTHER ARRANGEMENTS TO FILL SPR

TO ONE BILLION BARRELS

Pub. L. 101-46, Sec. 2, June 30, 1989, 103 Stat. 132, directed

Secretary of Energy to conduct a study on potential financial

arrangements, including long-term leasing of crude oil and storage

facilities, that could be used to provide additional, alternative

means of financing the filling of the Strategic Petroleum Reserve

to one billion barrels and directed Secretary to transmit an

interim report to Committee on Energy and Natural Resources of

Senate and Committee on Energy and Commerce of House of

Representatives no later than Oct. 15, 1989, and no later than Feb.

1, 1990, to transmit to such committees a copy of the preliminary

written solicitations for proposed alternative financial

arrangements to assist in filling the Strategic Petroleum Reserve

to one billion barrels and a final report containing findings and

conclusions together with a draft of legislative changes necessary

to authorize the most significant alternative financial

arrangements.

EXCHANGE OF AGRICULTURAL PRODUCTS FOR CRUDE OIL TO BE DELIVERED TO

STRATEGIC PETROLEUM RESERVE

Pub. L. 99-190, Sec. 101(d) [title II], Dec. 19, 1985, 99 Stat.

1224, 1254, provided that: "Notwithstanding any other provision of

law, the Secretary of Agriculture, at the request of the Secretary

of Energy, may exchange agricultural products owned by the

Commodity Credit Corporation for crude oil to be delivered to the

Strategic Petroleum Reserve: Provided, That the Secretary of Energy

shall approve the quantity, quality, delivery method, scheduling,

market value and other aspects of the exchange of such agricultural

products: Provided further, That if the volume of agricultural

products to be exchanged has a value in excess of the market value

of the crude oil acquired by such exchange, then the Secretary of

Agriculture shall require as part of the terms and conditions of

the exchange that the party or entity providing such crude oil

shall agree to purchase, within six months following the exchange,

current crop commodities or value-added food products from United

States producers or processors in an amount equal to at least

one-half the difference between the value of the commodities

received in exchange and the market value of the crude oil acquired

for the Strategic Petroleum Reserve."

ALLOCATION TO STRATEGIC PETROLEUM RESERVE OF LOWER TIER CRUDE OIL

AND FEDERAL ROYALTY OIL; PROCEDURES APPLICABLE, AUTHORITIES, ETC.

Section 805 of Pub. L. 96-294 provided that:

"(a)(1) In order to carry out the requirement of the amendment

made by section 801 of this Act [amending this section and enacting

provision set out as a note above] and to carry out the policies

and objectives established in sections 151 and 160(b)(1) of the

Energy Policy and Conservation Act (42 U.S.C. 6231 and 6240(b)(1))

the President shall, within 60 days after the date of the enactment

of this Act [June 30, 1980], promulgate and make effective an

amendment to the provisions of the regulation under section 4(a) of

the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 753(a)]

relating to entitlements, which has the same effect as allocating

lower tier crude oil to the Government for storage in the Strategic

Petroleum Reserve. Such amendment shall not apply with respect to

crude oil purchased after September 30, 1981, for storage in such

reserve.

"(2) The authority provided by this subsection shall be in

addition to, and shall not be deemed to limit, any other authority

available to the President under the Emergency Petroleum Allocation

Act of 1973 [15 U.S.C. 751 et seq.] or any other law.

"(3) The President or his delegate may promulgate and make

effective rules or orders to implement this subsection without

regard to the requirements of section 501 of the Department of

Energy Organization Act [42 U.S.C. 7191] or any other law or

regulation specifying procedural requirements.

"(b) In addition to the requirement under subsection (a), the

President may direct that -

"(1) all or any portion of Federal royalty oil be placed in

storage in the Reserve,

"(2) all or any portion of Federal royalty oil be exchanged,

directly or indirectly, for other crude oil for storage in the

Reserve, or

"(3) all or any portion of the proceeds from the sales of

Federal royalty oil be transferred to the account established

under subsection (c) for use for the purchase of crude oil for

the Reserve, as provided in subsection (c).

"(c)(1) Any proceeds -

"(A) from the sale of entitlements received by the Government

under the amendment to the regulation made under subsection (a),

and

"(B) to the extent provided in subsection (b), from the sale of

Federal royalty oil,

shall be deposited in a special account which the Secretary of the

Treasury shall establish on the books of the Treasury of the United

States.

"(2)(A) Subject to the provisions of any Act enacted pursuant to

section 660 of the Department of Energy Organization Act [42 U.S.C.

7270], such account shall be available (except as provided in

subparagraph (B)) for use by the Secretary of Energy, without

fiscal year limitation, for the purchase of crude oil for the

Strategic Petroleum Reserve, to the extent provided in advance in

appropriation Acts.

"(B) Amounts in such account attributable to the proceeds from

the sale of entitlements under the amendment to the regulation

under subsection (a) are hereby appropriated for fiscal year 1981

for acquisition of crude oil for the Strategic Petroleum Reserve

pursuant to subsection (a).

"(d) For purposes of this section -

"(1) the terms 'entitlements', 'crude oil', and 'allocation'

shall have the same meaning as those terms have as used in the

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

seq.] (and the regulation thereunder);

"(2) the term 'lower tier crude oil' means crude oil which is

subject to the price ceiling established under section 212.73 of

title 10, Code of Federal Regulations;

"(3) the term 'Federal royalty oil' means crude oil which the

United States is entitled to receive in kind as royalties from

production on Federal land (as such term is defined in section

3(10) of the Energy Policy and Conservation Act (42 U.S.C.

6202(10)); and

"(4) the term 'proceeds from the sale of Federal royalty oil'

means that portion of the amounts deposited into the Treasury of

the United States from the sale of Federal royalty oil which is

not otherwise required to be disposed of (other than as

miscellaneous receipts) pursuant to (A) the provisions of section

35 of the Act of February 25, 1920, as amended (41 Stat. 450; 30

U.S.C. 191), commonly known as the Mineral Lands Leasing Act, or

(B) the provisions of any other law."

RATE OF FILL OF STRATEGIC PETROLEUM RESERVE

Pub. L. 96-514, title II, Dec. 12, 1980, 94 Stat. 2976, provided

in part: "That the President shall immediately seek to undertake,

and thereafter continue, crude oil acquisition, transportation, and

injection activities at a level sufficient to assure that crude oil

storage in the Strategic Petroleum Reserve will be increased to an

average annual rate of at least 300,000 barrels per day or a

sustained average annual daily rate of fill which would fully

utilize appropriated funds: Provided, That the requirements of the

preceding provision shall be in addition to the provisions of title

VIII of the Energy Security Act [title VIII of Pub. L. 96-294,

which amended this section and section 7430 of Title 10, Armed

Forces, and enacted provisions set out as a note above] and shall

not affect such provisions of the Energy Security Act in any way."

-EXEC-

EX. ORD. NO. 12231. STRATEGIC PETROLEUM RESERVE

Ex. Ord. No. 12231, Aug. 4, 1980, 45 F.R. 52139, provided:

By the authority vested in me as President of the United States

of America by Title VIII of the Energy Security Act (Public Law

96-294) [title VIII of Pub. L. 96-294, which amended this section

and section 7430 of Title 10, Armed Forces, and enacted provisions

set out as a note above] and by Section 301 of Title 3 of the

United States Code, and in order to meet the goals and requirements

for the strategic petroleum reserve, it is hereby ordered as

follows:

1-101. The functions vested in the President by Section 160(c) of

the Energy Policy and Conservation Act, as amended, are delegated

to the Secretary of Energy (42 U.S.C. 6240(c); see Section 801 of

the Energy Security Act).

1-102. The functions vested in the President by Section 7430(k)

of Title 10 of the United States Code are delegated to the

Secretary of Energy (see Section 804(b) of the Energy Security

Act).

1-103. The functions vested in the President by Section 805(a) of

the Energy Security Act [section 805(a) of Pub. L. 96-294, set out

as a note above] are, consistent with Section 2 of Executive Order

No. 11790, as amended [set out as a note under section 761 of Title

15, Commerce and Trade], delegated to the Secretary of Energy.

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6239, 6247 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a semicolon.

-End-

-CITE-

42 USC Sec. 6241 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6241. Drawdown and sale of petroleum products

-STATUTE-

(a) Power of Secretary

The Secretary may drawdown and sell petroleum products in the

Reserve only in accordance with the provisions of this section.

(b), (c) Repealed. Pub. L. 106-469, title I, Sec. 103(15)(C), Nov.

9, 2000, 114 Stat. 2031

(d) Presidential finding prerequisite to drawdown and sale

(1) Drawdown and sale of petroleum products from the Strategic

Petroleum Reserve may not be made unless the President has found

drawdown and sale are required by a severe energy supply

interruption or by obligations of the United States under the

international energy program.

(2) For purposes of this section, in addition to the

circumstances set forth in section 6202(8) of this title, a severe

energy supply interruption shall be deemed to exist if the

President determines that -

(A) an emergency situation exists and there is a significant

reduction in supply which is of significant scope and duration;

(B) a severe increase in the price of petroleum products has

resulted from such emergency situation; and

(C) such price increase is likely to cause a major adverse

impact on the national economy.

(e) Sales procedures

(1) The Secretary shall sell petroleum products withdrawn from

the Strategic Petroleum Reserve at public sale to the highest

qualified bidder in the amounts, for the period, and after a notice

of sale considered appropriate by the Secretary, and without regard

to Federal, State, or local regulations controlling sales of

petroleum products.

(2) The Secretary may cancel in whole or in part any offer to

sell petroleum products as part of any drawdown and sale under this

section.

(f) Repealed. Pub. L. 106-469, title I, Sec. 103(15)(C), Nov. 9,

2000, 114 Stat. 2031

(g) Directive to carry out test drawdown and sale

(1) The Secretary shall conduct a continuing evaluation of the

drawdown and sales procedures. In the conduct of an evaluation, the

Secretary is authorized to carry out a test drawdown and sale or

exchange of petroleum products from the Reserve. Such a test

drawdown and sale or exchange may not exceed 5,000,000 barrels of

petroleum products.

(2) Repealed. Pub. L. 106-469, title I, Sec. 103(15)(F)(ii), Nov.

9, 2000, 114 Stat. 2031.

(3) At least part of the crude oil that is sold or exchanged

under this subsection shall be sold or exchanged to or with

entities that are not part of the Federal Government.

(4) The Secretary may not sell any crude oil under this

subsection at a price less than that which the Secretary determines

appropriate and, in no event, at a price less than 95 percent of

the sales price, as estimated by the Secretary, of comparable crude

oil being sold in the same area at the time the Secretary is

offering crude oil for sale in such area under this subsection.

(5) The Secretary may cancel any offer to sell or exchange crude

oil as part of any test under this subsection if the Secretary

determines that there are insufficient acceptable offers to obtain

such crude oil.

(6) In the case of a sale of any petroleum products under this

subsection, the Secretary shall, to the extent funds are available

in the SPR Petroleum Account as a result of such sale, acquire

petroleum products for the Reserve within the 12-month period

beginning after completion of the sale.

(7) Rules, regulations, or orders issued in order to carry out

this subsection which have the applicability and effect of a rule

as defined in section 551(4) of title 5 shall not be subject to the

requirements of subchapter II of chapter 5 of such title or to

section 6393 of this title.

(8) The Secretary shall transmit to both Houses of the Congress a

detailed explanation of the test carried out under this subsection.

Such explanation may be a part of any report made to the President

and the Congress under section 6245 of this title.

(h) Prevention or reduction of adverse impact of severe domestic

energy supply interruptions

(1) If the President finds that -

(A) a circumstance, other than those described in subsection

(d) of this section, exists that constitutes, or is likely to

become, a domestic or international energy supply shortage of

significant scope or duration;

(B) action taken under this subsection would assist directly

and significantly in preventing or reducing the adverse impact of

such shortage; and

(C) the Secretary of Defense has found that action taken under

this subsection will not impair national security,

then the Secretary may, subject to the limitations of paragraph

(2), draw down and sell petroleum products from the Strategic

Petroleum Reserve.

(2) Petroleum products from the Reserve may not be drawn down

under this subsection -

(A) in excess of an aggregate of 30,000,000 barrels with

respect to each such shortage;

(B) for more than 60 days with respect to each such shortage;

(C) if there are fewer than 500,000,000 barrels of petroleum

product stored in the Reserve; or

(D) below the level of an aggregate of 500,000,000 barrels of

petroleum product stored in the Reserve.

(3) During any period in which there is a drawdown and sale of

the Reserve in effect under this subsection, the Secretary shall

transmit a monthly report to the Congress containing an account of

the drawdown and sale of petroleum products under this subsection

and an assessment of its effect.

(4) In no case may the drawdown under this subsection be extended

beyond 60 days with respect to any domestic energy supply shortage.

(i) Exchange of withdrawn products

Notwithstanding any other law, the President may permit any

petroleum products withdrawn from the Strategic Petroleum Reserve

in accordance with this section to be sold and delivered for

refining or exchange outside of the United States, in connection

with an arrangement for the delivery of refined petroleum products

to the United States.

(j) Purchases from Strategic Petroleum Reserve by entities in

insular areas of United States and Freely Associated States

(1) Definitions

In this subsection:

(A) Binding offer

The term "binding offer" means a bid submitted by the State

of Hawaii for an assured award of a specific quantity of

petroleum product, with a price to be calculated pursuant to

paragraph (2) of this subsection, that obligates the offeror to

take title to the petroleum product without further negotiation

or recourse to withdraw the offer.

(B) Category of petroleum product

The term "category of petroleum product" means a master line

item within a notice of sale.

(C) Eligible entity

The term "eligible entity" means an entity that owns or

controls a refinery that is located within the State of Hawaii.

(D) Full tanker load

The term "full tanker load" means a tanker of approximately

700,000 barrels of capacity, or such lesser tanker capacity as

may be designated by the State of Hawaii.

(E) Insular area

The term "insular area" means the Commonwealth of Puerto

Rico, the Commonwealth of the Northern Mariana Islands, the

United States Virgin Islands, Guam, American Samoa, the Freely

Associated States of the Republic of the Marshall Islands, the

Federated States of Micronesia, and the Republic of Palau.

(F) Offering

The term "offering" means a solicitation for bids for a

quantity or quantities of petroleum product from the Strategic

Petroleum Reserve as specified in the notice of sale.

(G) Notice of sale

The term "notice of sale" means the document that announces -

(i) the sale of Strategic Petroleum Reserve products;

(ii) the quantity, characteristics, and location of the

petroleum product being sold;

(iii) the delivery period for the sale; and

(iv) the procedures for submitting offers.

(2) In general

In the case of an offering of a quantity of petroleum product

during a drawdown of the Strategic Petroleum Reserve -

(A) the State of Hawaii, in addition to having the

opportunity to submit a competitive bid, may -

(i) submit a binding offer, and shall on submission of the

offer, be entitled to purchase a category of a petroleum

product specified in a notice of sale at a price equal to the

volumetrically weighted average of the successful bids made

for the remaining quantity of the petroleum product within

the category that is the subject of the offering; and

(ii) submit one or more alternative offers, for other

categories of the petroleum product, that will be binding if

no price competitive contract is awarded for the category of

petroleum product on which a binding offer is submitted under

clause (i); and

(B) at the request of the Governor of the State of Hawaii, a

petroleum product purchased by the State of Hawaii at a

competitive sale or through a binding offer shall have first

preference in scheduling for lifting.

(3) Limitation on quantity

(A) In general

In administering this subsection, in the case of each

offering, the Secretary may impose the limitation described in

subparagraph (B) or (C) that results in the purchase of the

lesser quantity of petroleum product.

(B) Portion of quantity of previous imports

The Secretary may limit the quantity of a petroleum product

that the State of Hawaii may purchase through a binding offer

at any offering to 1/12 of the total quantity of imports of the

petroleum product brought into the State during the previous

year (or other period determined by the Secretary to be

representative).

(C) Percentage of offering

The Secretary may limit the quantity that may be purchased

through binding offers at any offering to 3 percent of the

offering.

(4) Adjustments

(A) In general

Notwithstanding any limitation imposed under paragraph (3),

in administering this subsection, in the case of each offering,

the Secretary shall, at the request of the Governor of the

State of Hawaii, or an eligible entity certified under

paragraph (7), adjust the quantity to be sold to the State of

Hawaii in accordance with this paragraph.

(B) Upward adjustment

The Secretary shall adjust upward to the next whole number

increment of a full tanker load if the quantity to be sold is -

(i) less than 1 full tanker load; or

(ii) greater than or equal to 50 percent of a full tanker

load more than a whole number increment of a full tanker

load.

(C) Downward adjustment

The Secretary shall adjust downward to the next whole number

increment of a full tanker load if the quantity to be sold is

less than 50 percent of a full tanker load more than a whole

number increment of a full tanker load.

(5) Delivery to other locations

The State of Hawaii may enter into an exchange or a processing

agreement that requires delivery to other locations, if a

petroleum product of similar value or quantity is delivered to

the State of Hawaii.

(6) Standard sales provisions

Except as otherwise provided in this chapter, the Secretary may

require the State of Hawaii to comply with the standard sales

provisions applicable to purchasers of petroleum products at

competitive sales.

(7) Eligible entities

(A) In general

Subject to subparagraphs (B) and (C) and notwithstanding any

other provision of this paragraph, if the Governor of the State

of Hawaii certifies to the Secretary that the State has entered

into an agreement with an eligible entity to carry out this

chapter, the eligible entity may act on behalf of the State of

Hawaii to carry out this subsection.

(B) Limitation

The Governor of the State of Hawaii shall not certify more

than one eligible entity under this paragraph for each notice

of sale.

(C) Barred company

If the Secretary has notified the Governor of the State of

Hawaii that a company has been barred from bidding (either

prior to, or at the time that a notice of sale is issued), the

Governor shall not certify the company under this paragraph.

(8) Supplies of petroleum products

At the request of the Governor of an insular area, the

Secretary shall, for a period not to exceed 180 days following a

drawdown of the Strategic Petroleum Reserve, assist the insular

area or the President of a Freely Associated State in its efforts

to maintain adequate supplies of petroleum products from

traditional and nontraditional suppliers.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 161, Dec. 22, 1975, 89 Stat. 888;

Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.

3288; Pub. L. 99-58, title I, Sec. 103(a), (b)(2), July 2, 1985, 99

Stat. 103, 104; Pub. L. 101-383, Secs. 3(b), 8, 10, Sept. 15, 1990,

104 Stat. 727, 735; Pub. L. 102-486, title XIV, Sec. 1401, Oct. 24,

1992, 106 Stat. 2993; Pub. L. 105-388, Sec. 9(a), Nov. 13, 1998,

112 Stat. 3482; Pub. L. 106-469, title I, Sec. 103(15), Nov. 9,

2000, 114 Stat. 2031.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (j)(6), (7)(A), 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.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-469, Sec. 103(15)(A), substituted "sale of

petroleum products" for "distribution of the Reserve" in section

catchline.

Subsec. (a). Pub. L. 106-469, Sec. 103(15)(B), substituted

"drawdown and sell petroleum products in" for "drawdown and

distribute".

Subsec. (b). Pub. L. 106-469, Sec. 103(15)(C), struck out subsec.

(b) which read as follows: "Except as provided in subsections (c),

(f), and (g) of this section, no drawdown and distribution of the

Reserve may be made except in accordance with the provisions of the

Distribution Plan contained in the Strategic Petroleum Reserve Plan

which has taken effect pursuant to section 6239(a) of this title."

Subsec. (c). Pub. L. 106-469, Sec. 103(15)(C), struck out subsec.

(c) which read as follows: "Drawdown and distribution of the Early

Storage Reserve may be made in accordance with the provisions of

the Distribution Plan contained in the Early Storage Reserve Plan

until the Strategic Petroleum Reserve Plan has taken effect

pursuant to section 6239(a) of this title."

Subsec. (d)(1). Pub. L. 106-469, Sec. 103(15)(D), amended par.

(1) generally. Prior to amendment, par. (1) read as follows:

"Neither the Distribution Plan contained in the Strategic Petroleum

Reserve Plan nor the Distribution Plan contained in the Early

Storage Reserve Plan may be implemented, and no drawdown and

distribution of the Reserve or the Early Storage Reserve may be

made, unless the President has found that implementation of either

such Distribution Plan is required by a severe energy supply

interruption or by obligations of the United States under the

international energy program."

Subsec. (e). Pub. L. 106-469, Sec. 103(15)(E), amended subsec.

(e) generally. Prior to amendment, subsec. (e) read as follows:

"The Secretary may, by rule, provide for the allocation of any

petroleum product withdrawn from the Strategic Petroleum Reserve in

amounts specified in (or determined in a manner prescribed by) and

at prices specified in (or determined in a manner prescribed by)

such rules. Such price levels and allocation procedures shall be

consistent with the attainment, to the maximum extent practicable,

of the objectives specified in section 753(b)(1) of title 15."

Subsec. (f). Pub. L. 106-469, Sec. 103(15)(C), struck out subsec.

(f) which read as follows: "The Secretary may permit any importer

or refiner who owns any petroleum products stored in the Industrial

Petroleum Reserve pursuant to section 6236 of this title to remove

or otherwise dispose of such products upon such terms and

conditions as the Secretary may prescribe."

Subsec. (g)(1). Pub. L. 106-469, Sec. 103(15)(F)(i), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "The

Secretary shall conduct a continuing evaluation of the Distribution

Plan. In the conduct of such evaluation, the Secretary is

authorized to carry out test drawdown and distribution of crude oil

from the Reserve. If any such test drawdown includes the sale or

exchange of crude oil, then the aggregate quantity of crude oil

withdrawn from the Reserve may not exceed 5,000,000 barrels during

any such test drawdown or distribution."

Subsec. (g)(2). Pub. L. 106-469, Sec. 103(15)(F)(ii), struck out

par. (2) which read as follows: "The Secretary shall carry out such

drawdown and distribution in accordance with the Distribution Plan

and implementing regulations and contract provisions, modified as

the Secretary considers appropriate taking into consideration the

artificialities of a test and the absence of a severe energy supply

interruption. To meet the requirements of subsections (d) and (e)

of section 6239 of this title, the Secretary shall transmit any

such modification of the Plan, along with explanatory and

supporting material, to both Houses of the Congress no later than

15 calendar days prior to the offering of any crude oil for sale

under this subsection."

Subsec. (g)(4). Pub. L. 106-469, Sec. 103(15)(F)(iii),

substituted "95 percent" for "90 percent".

Subsec. (g)(5). Pub. L. 106-469, Sec. 103(15)(F)(iv), substituted

"test" for "drawdown and distribution".

Subsec. (g)(6). Pub. L. 106-469, Sec. 103(15)(F)(v), amended par.

(6) generally. Prior to amendment, par. (6) read as follows:

"(6)(A) The minimum required fill rate in effect for any fiscal

year shall be reduced by the amount of any crude oil drawdown from

the Reserve under this subsection during such fiscal year.

"(B) In the case of a sale of any crude oil under this

subsection, the Secretary shall, to the extent funds are available

in the SPR Petroleum Account as a result of such sale, acquire

crude oil for the Reserve within the 12-month period beginning

after the completion of the sale. Such acquisition shall be in

addition to any acquisition of crude oil for the Reserve required

as part of a fill rate established by any other provision of law."

Subsec. (g)(8). Pub. L. 106-469, Sec. 103(15)(F)(vi), substituted

"test" for "drawdown and distribution".

Subsec. (h)(1). Pub. L. 106-469, Sec. 103(15)(G)(i), substituted

"sell petroleum products from" for "distribute" in concluding

provisions.

Subsec. (h)(1)(C). Pub. L. 106-469, Sec. 103(15)(G)(ii), added

subpar. (C).

Subsec. (h)(2). Pub. L. 106-469, Sec. 103(15)(G)(iii),

substituted "Petroleum products from the Reserve may not" for "In

no case may the Reserve" in introductory provisions.

Subsec. (h)(3). Pub. L. 106-469, Sec. 103(15)(G)(iv), substituted

"sale" for "distribution" in two places.

1998 - Subsec. (j). Pub. L. 105-388 added subsec. (j).

1992 - Subsec. (d). Pub. L. 102-486, Sec. 1401(1), designated

existing provisions as par. (1) and added par. (2).

Subsec. (h)(1)(A). Pub. L. 102-486, Sec. 1401(2), inserted "or

international" after "domestic".

1990 - Subsec. (g)(1). Pub. L. 101-383, Sec. 8, amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "In order

to evaluate the implementation of the Distribution Plan, the

Secretary shall, commencing within 180 days after July 2, 1985,

carry out a test drawdown and distribution under this subsection

through the sale or exchange of approximately 1,100,000 barrels of

crude oil from the Reserve. The requirement of this paragraph shall

not apply if the President determines, within the 180-day period

described in the preceding sentence, that implementation of the

Distribution Plan is required by a severe energy supply

interruption or by obligations of the United States under the

international energy program."

Subsec. (h). Pub. L. 101-383, Sec. 3(b), added subsec. (h).

Subsec. (i). Pub. L. 101-383, Sec. 10, added subsec. (i).

1985 - Subsec. (b). Pub. L. 99-58, Sec. 103(b)(2), inserted

reference to subsec. (g) of this section.

Subsec. (g). Pub. L. 99-58, Sec. 103(a), added subsec. (g).

1978 - Subsecs. (a), (e), (f). Pub. L. 95-619 substituted

"Secretary" for "Administrator", meaning Administrator of the

Federal Energy Administration, wherever appearing.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-388, Sec. 9(c), Nov. 13, 1998, 112 Stat. 3484,

provided that: "The amendment made by subsection (a) [amending this

section] takes effect on the earlier of -

"(1) the date that is 180 days after the date of enactment of

this Act [Nov. 13, 1998]; or

"(2) the date that final regulations are issued under

subsection (b) [set out as a note below]."

REGULATIONS

Pub. L. 105-388, Sec. 9(b), Nov. 13, 1998, 112 Stat. 3484,

provided that:

"(1) In general. - The Secretary of Energy shall issue such

regulations as are necessary to carry out the amendment made by

subsection (a) [amending this section].

"(2) Administrative procedure. - Regulations issued to carry out

the amendment made by subsection (a) shall not be subject to -

"(A) section 523 of the Energy Policy and Conservation Act (42

U.S.C. 6393); or

"(B) section 501 of the Department of Energy Organization Act

(42 U.S.C. 7191)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6234, 6239, 6247 of this

title.

-End-

-CITE-

42 USC Sec. 6242 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6242. Coordination with import quota system

-STATUTE-

No quantitative restriction on the importation of any petroleum

product into the United States imposed by law shall apply to

volumes of any such petroleum product imported into the United

States for storage in the Reserve.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 162, Dec. 22, 1975, 89 Stat. 889.)

-End-

-CITE-

42 USC Sec. 6243 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6243. Records and accounts

-STATUTE-

(a) Preparation and maintenance

The Secretary may require any person to prepare and maintain such

records or accounts as the Secretary, by rule, determines necessary

to carry out the purposes of this part.

(b) Audit of operations of storage facility

The Secretary may audit the operations of any storage facility in

which any petroleum product is stored or required to be stored

pursuant to the provisions of this part.

(c) Access to and inspection of records or accounts and storage

facilities

The Secretary may require access to, and the right to inspect and

examine, at reasonable times, (1) any records or accounts required

to be prepared or maintained pursuant to subsection (a) of this

section and (2) any storage facilities subject to audit by the

United States under the authority of this part.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 163, Dec. 22, 1975, 89 Stat. 889;

Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.

3288.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-619 substituted "Secretary" for

"Administrator", meaning Administrator of the Federal Energy

Administration, wherever appearing.

-End-

-CITE-

42 USC Sec. 6244 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6244. Repealed. Pub. L. 106-469, title I, Sec. 103(16), Nov.

9, 2000, 114 Stat. 2032

-MISC1-

Section, Pub. L. 94-163, title I, Sec. 164, Dec. 22, 1975, 89

Stat. 889; Pub. L. 94-258, title I, Sec. 105(a), Apr. 5, 1976, 90

Stat. 305; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978,

92 Stat. 3288, required a report on development of Naval Petroleum

Reserve Number 4.

-End-

-CITE-

42 USC Sec. 6245 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6245. Annual report

-STATUTE-

The Secretary shall report annually to the President and the

Congress on actions taken to implement this part. This report shall

include -

(1) the status of the physical capacity of the Reserve and the

type and quantity of petroleum products in the Reserve;

(2) an estimate of the schedule and cost to complete planned

equipment upgrade or capital investment in the Reserve, including

upgrades and investments carried out as part of operational

maintenance or extension of life activities;

(3) an identification of any life-limiting conditions or

operational problems at any Reserve facility, and proposed

remedial actions including an estimate of the schedule and cost

of implementing those remedial actions;

(4) a description of current withdrawal and distribution rates

and capabilities, and an identification of any operational or

other limitations on those rates and capabilities;

(5) a listing of petroleum product acquisitions made in the

preceding year and planned in the following year, including

quantity, price, and type of petroleum;

(6) a summary of the actions taken to develop, operate, and

maintain the Reserve;

(7) a summary of the financial status and financial

transactions of the Strategic Petroleum Reserve and Strategic

Petroleum Reserve Petroleum Accounts for the year;

(8) a summary of expenses for the year, and the number of

Federal and contractor employees;

(9) the status of contracts for development, operation,

maintenance, distribution, and other activities related to the

implementation of this part;

(10) a summary of foreign oil storage agreements and their

implementation status;

(11) any recommendations for supplemental legislation or policy

or operational changes the Secretary considers necessary or

appropriate to implement this part.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 165, Dec. 22, 1975, 89 Stat. 889;

Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.

3288; Pub. L. 97-35, title X, Sec. 1035(a), Aug. 13, 1981, 95 Stat.

620; Pub. L. 99-509, title III, Sec. 3203, Oct. 21, 1986, 100 Stat.

1890; Pub. L. 104-66, title I, Sec. 1051(j), Dec. 21, 1995, 109

Stat. 717; Pub. L. 106-469, title I, Sec. 103(17), Nov. 9, 2000,

114 Stat. 2032.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-469 amended section generally. Prior to

amendment, section required the Secretary to report to the

President and to Congress, not later than one year after the

transmittal of the Strategic Petroleum Reserve Plan to the Congress

and each year thereafter, on all actions taken to implement this

part.

1995 - Pub. L. 104-66 struck out subsec. (a) designation before

"The Secretary shall", and struck out subsec. (b) which directed

Secretary to report to Congress on activities undertaken with

respect to Strategic Petroleum Reserve under the amendments made by

Strategic Petroleum Reserve Amendments Act of 1981.

1986 - Subsec. (a)(1). Pub. L. 99-509 amended par. (1) generally,

inserting ", including" in introductory text and adding subpars.

(A) to (G).

1981 - Pub. L. 97-35 designated existing provisions as subsec.

(a) and added subsec. (b).

1978 - Pub. L. 95-619 substituted "Secretary" for

"Administrator", meaning Administrator of the Federal Energy

Administration, wherever appearing.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1038 of Pub. L. 97-35, set out as a note under section 6240 of this

title.

REPORTS TO CONGRESS ON PETROLEUM SUPPLY INTERRUPTIONS

Pub. L. 97-229, Sec. 6, Aug. 3, 1982, 96 Stat. 253, provided

that:

"(a) Impact Analysis. - (1) The Secretary of Energy shall analyze

the impact on the domestic economy and on consumers in the United

States of reliance on market allocation and pricing during any

substantial reduction in the amount of petroleum products available

to the United States. In making such analysis, the Secretary of

Energy may consult with the Secretary of the Treasury, the

Secretary of Agriculture, the Director of the Office of Management

and Budget, and the heads of other appropriate Federal agencies.

Such analysis shall -

"(A) examine the equity and efficiency of such reliance,

"(B) distinguish between the impacts of such reliance on

various categories of business (including small business and

agriculture) and on households of different income levels,

"(C) specify the nature and administration of monetary and

fiscal policies that would be followed including emergency tax

cuts, emergency block grants, and emergency supplements to income

maintenance programs, and

"(D) describe the likely impact on the distribution of

petroleum products of State and local laws and regulations

(including emergency authorities) affecting the distribution of

petroleum products.

Such analysis shall include projections of the effect of the

petroleum supply reduction on the price of motor gasoline, home

heating oil, and diesel fuel, and on Federal tax revenues, Federal

royalty receipts, and State and local tax revenues.

"(2) Within one year after the date of the enactment of this Act

[Aug. 3, 1982], the Secretary of Energy shall submit a report to

the Congress and the President containing the analysis required by

this subsection, including a detailed step-by-step description of

the procedures by which the policies specified in paragraph (1)(C)

would be accomplished in an emergency, along with such

recommendations as the Secretary of Energy deems appropriate.

"(b) Strategic Petroleum Reserve Drawdown and Distribution

Report. - The President shall prepare and transmit to the Congress,

at the time he transmits the drawdown plan pursuant to section 4(c)

[section 4(c) of Pub. L. 97-229, set out as a note under 42 U.S.C.

6234], a report containing -

"(1) a description of the foreseeable situations (including

selective and general embargoes, sabotage, war, act of God, or

accident) which could result in a severe energy supply

interruption or obligations of the United States arising under

the international energy program necessitating distributions from

the Strategic Petroleum Reserve, and

"(2) a description of the strategy or alternative strategies of

distribution which could reasonably be used to respond to each

situation described under paragraph (1), together with the theory

and justification underlying each such strategy.

The description of each strategy under paragraph (2) shall include

an explanation of the methods which would likely be used to

determine the price and distribution of petroleum products from the

Reserve in any such distribution, and an explanation of the

disposition of revenues arising from sales of any such petroleum

products under the strategy.

"(c) Regional Reserve Report. - The President or his delegate

shall submit to the Congress no later than December 31, 1982, a

report regarding the actions taken to comply with the provisions of

section 157 of the Energy Policy and Conservation Act (42 U.S.C.

6237). Such report shall include an analysis of the economic

benefits and costs of establishing Regional Petroleum Reserves,

including -

"(1) an assessment of the ability to transport petroleum

products to refiners, distributors, and end users within the

regions specified in section 157(a) of such Act;

"(2) the comparative costs of creating and operating Regional

Petroleum Reserves for such regions as compared to the costs of

continuing current plans for the Strategic Petroleum Reserve; and

"(3) a list of potential sites for Regional Petroleum Reserves.

"(d) Strategic Alcohol Fuel Reserve Report. - The Secretary of

Energy shall, in consultation with the Secretary of Agriculture,

prepare and transmit to the Congress no later than December 31,

1982, a study of the potential for establishing a Strategic Alcohol

Fuel Reserve.

"(e) Meaning of Terms. - As used in this section, the terms

'international energy program', 'petroleum product', 'Reserve',

'severe energy supply interruption', and 'Strategic Petroleum

Reserve' have the meanings given such terms in sections 3 and 152

of the Energy Policy and Conservation Act (42 U.S.C. 6202 and

6232)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6241 of this title.

-End-

-CITE-

42 USC Sec. 6246 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6246. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for fiscal year 2000 such

sums as may be necessary to implement this part, to remain

available only through March 31, 2000.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 166, Dec. 22, 1975, 89 Stat. 890;

Pub. L. 95-70, Sec. 4, July 21, 1977, 91 Stat. 277; Pub. L. 97-35,

title X, Sec. 1034(b), Aug. 13, 1981, 95 Stat. 619; Pub. L.

104-306, Sec. 1(1), Oct. 14, 1996, 110 Stat. 3810; Pub. L. 105-177,

Sec. 1(1), June 1, 1998, 112 Stat. 105; Pub. L. 106-64, Sec. 1(1),

Oct. 5, 1999, 113 Stat. 511; Pub. L. 106-469, title I, Sec.

103(18), Nov. 9, 2000, 114 Stat. 2033.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-469, which directed amendment of this section

by striking out "for fiscal year 1997.", could not be executed

because the words "for fiscal year 1997." did not appear.

1999 - Pub. L. 106-64 amended section catchline and text

generally. Prior to amendment, text read as follows: "There are

authorized to be appropriated for fiscal year 1999 such sums as may

be necessary to implement this part."

1998 - Pub. L. 105-177 substituted "1999" for "1997".

1996 - Pub. L. 104-306 reenacted section catchline without change

and amended text generally. Prior to amendment, text authorized

appropriations for the Early Storage Reserve Plan and the Strategic

Petroleum Reserve Plan combined with specific amounts for fiscal

years ending Sept. 30, 1978, and Sept. 30, 1982.

1981 - Par. (4). Pub. L. 97-35 added par. (4).

1977 - Par. (3). Pub. L. 95-70 added par. (3).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1038 of Pub. L. 97-35, set out as a note under section 6240 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6247b of this title.

-End-

-CITE-

42 USC Sec. 6247 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6247. SPR Petroleum Account

-STATUTE-

(a) Establishment

The Secretary of the Treasury shall establish in the Treasury of

the United States an account to be known as the "SPR Petroleum

Account" (hereinafter in this section referred to as the

"Account").

(b) Obligation of funds for acquisition, transportation, and

injection of petroleum products into SPR

Amounts in the Account may be obligated by the Secretary of

Energy for the acquisition, transportation, and injection of

petroleum products into the Strategic Petroleum Reserve, for test

sales of petroleum products from the Reserve, and for the drawdown,

sale, and delivery of petroleum products from the Reserve -

(1) Repealed. Pub. L. 106-469, title I, Sec. 103(19)(A)(ii),

Nov. 9, 2000, 114 Stat. 2033;

(2) in the case of any fiscal year, subject to section 7270 of

this title, in such aggregate amounts as may be appropriated in

advance in appropriation Acts; and

(3) in the case of any fiscal year, notwithstanding section

7270 of this title, in an aggregate amount equal to the aggregate

amount of the receipts to the United States from the sale of

petroleum products in any drawdown and distribution of the

Strategic Petroleum Reserve under section 6241 of this title,

including a drawdown and distribution carried out under

subsection (g) of such section, or from the sale of petroleum

products under section 6240(f) of this title.

Funds available to the Secretary of Energy for obligation under

this subsection may remain available without fiscal year

limitation.

(c) Provision and deposit of funds

The Secretary of the Treasury shall provide and deposit into the

Account such sums as may be necessary to meet obligations of the

Secretary of Energy under subsection (b) of this section.

(d) Off-budgeting procedures

The Account, the deposits and withdrawals from the Account, and

the transactions, receipts, obligations, outlays associated with

such deposits and withdrawals (including petroleum product

purchases and related transactions), and receipts to the United

States from the sale of petroleum products in any drawdown and

distribution of the Strategic Petroleum Reserve under section 6241

of this title, including a drawdown and distribution carried out

under subsection (g) of such section, and from the sale of

petroleum products under section 6240(f) of this title -

(1) shall not be included in the totals of the budget of the

United States Government and shall be exempt from any general

limitation imposed by statute on expenditures and net lending

(budget outlays) of the United States; and

(2) shall not be deemed to be budget authority, spending

authority, budget outlays, or Federal revenues for purposes of

title III of Public Law 93-344, as amended [2 U.S.C. 631 et

seq.].

-SOURCE-

(Pub. L. 94-163, title I, Sec. 167, as added Pub. L. 97-35, title

X, Sec. 1034(a)(1), Aug. 13, 1981, 95 Stat. 619; amended Pub. L.

97-229, Sec. 4(b)(2)(A), Aug. 3, 1982, 96 Stat. 251; Pub. L. 99-58,

title I, Sec. 103(b)(3), (4), July 2, 1985, 99 Stat. 104; Pub. L.

101-383, Sec. 5(b)(1), (2), Sept. 15, 1990, 104 Stat. 729; Pub. L.

102-486, title XIV, Sec. 1404(b)(1), Oct. 24, 1992, 106 Stat. 2995;

Pub. L. 106-469, title I, Sec. 103(19), Nov. 9, 2000, 114 Stat.

2033.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 93-344, as amended, referred to in subsec. (d)(2), is

Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, known as

the Congressional Budget and Impoundment Control Act of 1974. Title

III of that Act is classified generally to subchapter I (Sec. 631

et seq.) of chapter 17A of Title 2, The Congress. For complete

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

out under section 621 of Title 2 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-469, Sec. 103(19)(A)(i),

substituted "for test sales of petroleum products from the Reserve,

and for the drawdown, sale," for "and the drawdown" in introductory

provisions.

Subsec. (b)(1). Pub. L. 106-469, Sec. 103(19)(A)(ii), struck out

par. (1) which read as follows: "in the case of fiscal year 1982,

in an aggregate amount, not to exceed $3,900,000,000, as may be

provided in advance in appropriation Acts;".

Subsec. (b)(2). Pub. L. 106-469, Sec. 103(19)(A)(iii), struck out

"after fiscal year 1982" after "any fiscal year".

Subsec. (e). Pub. L. 106-469, Sec. 103(19)(B), struck out subsec.

(e) which read as follows:

"(1) Except as provided in paragraph (2), nothing in this part

shall be construed to limit the Account from being used to meet

expenses relating to interim storage facilities for the storage of

petroleum products for the Strategic Petroleum Reserve.

"(2) In any fiscal year, amounts in the Account may not be

obligated for expenses relating to interim storage facilities in

excess of 10 percent of the total amounts in the Account obligated

in such fiscal year. If the amount obligated in any fiscal year for

interim storage expenses is less than the amount of the 10-percent

limit under the preceding sentence for that fiscal year, then the

amount of the 10-percent limit applicable in the following fiscal

year shall be increased by the amount by which the limit exceeded

the amount obligated for such expenses."

1992 - Subsec. (d). Pub. L. 102-486 substituted "under subsection

(g)" for "subsection (g)".

1990 - Subsec. (b)(3). Pub. L. 101-383, Sec. 5(b)(1), inserted

before period at end ", or from the sale of petroleum products

under section 6240(f) of this title".

Subsec. (d). Pub. L. 101-383, Sec. 5(b)(2), inserted ", and from

the sale of petroleum products under section 6240(f) of this title"

after "subsection (g) of such section".

1985 - Subsec. (b)(3). Pub. L. 99-58, Sec. 103(b)(3), inserted ",

including a drawdown and distribution carried out under subsection

(g) of such section" after "section 6241 of this title".

Subsec. (d). Pub. L. 99-58, Sec. 103(b)(4), inserted ", including

a drawdown and distribution carried out subsection (g) of such

section" after "section 6241 of this title" in provisions preceding

par. (1).

1982 - Subsec. (e). Pub. L. 97-229 added subsec. (e).

EFFECTIVE DATE

Section effective Aug. 13, 1981, see section 1038 of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 6240 of this title.

TRANSFER OF FUNDS TO SPR PETROLEUM ACCOUNT FOR DRAWDOWN AND SALE

OPERATIONS

Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title II], Nov. 29,

1999, 113 Stat. 1535, 1501A-180, provided in part: "That the

Secretary of Energy hereafter may transfer to the SPR Petroleum

Account such funds as may be necessary to carry out drawdown and

sale operations of the Strategic Petroleum Reserve initiated under

section 161 of the Energy Policy and Conservation Act (42 U.S.C.

6241) from any funds available to the Department of Energy under

this or any other Act: Provided further, That all funds transferred

pursuant to this authority must be replenished as promptly as

possible from oil sale receipts pursuant to the drawdown and sale."

ACQUISITION, TRANSPORTATION, AND INJECTION OF PETROLEUM PRODUCTS

FOR SPR; APPLICABILITY OF SUBSEC. (D)

Section 1034(c) of Pub. L. 97-35 provided that: "The provisions

of section 167(d) of such Act, as added by subsection (a) of this

section [subsec. (d) of this section], shall apply with respect to

the outlays associated with unexpended balances of appropriations

made available and obligated as of the end of fiscal year 1981 for

the acquisition, transportation, and injection of petroleum

products for the Strategic Petroleum Reserve to the same extent and

manner as such provisions apply with respect to withdrawals from

the SPR Petroleum Account."

-End-

-CITE-

42 USC Sec. 6247a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6247a. Use of underutilized facilities

-STATUTE-

(a) Authority

Notwithstanding any other provision of this subchapter, the

Secretary, by lease or otherwise, for any term and under such other

conditions as the Secretary considers necessary or appropriate, may

store in underutilized Strategic Petroleum Reserve facilities

petroleum product (!1) owned by a foreign government or its

representative. Petroleum products stored under this section are

not part of the Strategic Petroleum Reserve and may be exported

without license from the United States.

(b) Protection of facilities

All agreements entered into pursuant to subsection (a) of this

section shall contain provisions providing for fees to fully

compensate the United States for all related costs of storage and

removals of petroleum products (including the proportionate cost of

replacement facilities necessitated as a result of any withdrawals)

incurred by the United States on behalf of the foreign government

or its representative.

(c) Access to stored oil

The Secretary shall ensure that agreements to store petroleum

products for foreign governments or their representatives do not

impair the ability of the United States to withdraw, distribute, or

sell petroleum products from the Strategic Petroleum Reserve in

response to an energy emergency or to the obligations of the United

States under the Agreement on an International Energy Program.

(d) Availability of funds

Funds collected through the leasing of Strategic Petroleum

Reserve facilities authorized by subsection (a) of this section

after September 30, 2007, shall be used by the Secretary of Energy

without further appropriation for the purchase of petroleum

products for the Strategic Petroleum Reserve.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 168, as added Pub. L. 105-33, title

IX, Sec. 9303(a), Aug. 5, 1997, 111 Stat. 676.)

-FOOTNOTE-

(!1) So in original. Probably should be "products".

-End-

-CITE-

42 USC Sec. 6247b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part B - Strategic Petroleum Reserve

-HEAD-

Sec. 6247b. Purchase of oil from marginal wells

-STATUTE-

(a) In general

From amounts authorized under section 6246 of this title, in any

case in which the price of oil decreases to an amount less than

$15.00 per barrel (an amount equal to the annual average well head

price per barrel for all domestic crude oil), adjusted for

inflation, the Secretary may purchase oil from a marginal well at

$15.00 per barrel, adjusted for inflation.

(b) Definition of marginal well

The term "marginal well" has the same meaning as the definition

of "stripper well property" in section 613A(c)(6)(E) of title 26.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 169, as added Pub. L. 106-469, title

III, Sec. 301(a), Nov. 9, 2000, 114 Stat. 2037.)

-End-

-CITE-

42 USC Part C - Authority To Contract for Petroleum

Product Not Owned by United States 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part C - Authority To Contract for Petroleum Product Not Owned by

United States

-HEAD-

PART C - AUTHORITY TO CONTRACT FOR PETROLEUM PRODUCT NOT OWNED BY

UNITED STATES

-MISC1-

PRIOR PROVISIONS

A prior part C, consisting of section 6251 of this title, was

redesignated part E of this subchapter.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 6232 of this title.

-End-

-CITE-

42 USC Sec. 6249 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part C - Authority To Contract for Petroleum Product Not Owned by

United States

-HEAD-

Sec. 6249. Contracting for petroleum product and facilities

-STATUTE-

(a) In general

Subject to the other provisions of this part, the Secretary may

contract -

(1) for storage, in otherwise unused Strategic Petroleum

Reserve facilities, of petroleum product not owned by the United

States; and

(2) for storage, in storage facilities other than those of the

Reserve, of petroleum product either owned or not owned by the

United States.

(b) Conditions

(1) Petroleum product stored pursuant to such a contract shall,

until the expiration, termination, or other conclusion of the

contract, be a part of the Reserve and subject to the Secretary's

authority under part B of this subchapter.

(2) The Secretary may enter into a contract for storage of

petroleum product under subsection (a) of this section only if -

(A) the Secretary determines (i) that entering into one or more

contracts under such subsection would achieve benefits comparable

to the acquisition of an equivalent amount of petroleum product,

or an equivalent volume of storage capacity, for the Reserve

under part B of this subchapter, and (ii) that, because of

budgetary constraints, the acquisition of an equivalent amount of

petroleum product or volume of storage space for the Reserve

cannot be accomplished under part B of this subchapter; and

(B) the Secretary notifies each House of the Congress of the

determination and identifies in the notification the location,

type, and ownership of storage and related facilities proposed to

be included, or the volume, type, and ownership of petroleum

products proposed to be stored, in the Reserve, and an estimate

of the proposed benefits.

(3) A contract entered into under subsection (a) of this section

shall not limit the discretion of the President or the Secretary to

conduct a drawdown and sale of petroleum products from the Reserve.

(4) A contract entered into under subsection (a) of this section

shall include a provision that the obligation of the United States

to make payments under the contract in any fiscal year is subject

to the availability of appropriations.

(c) Charge for storage

The Secretary may store petroleum product pursuant to a contract

entered into under subsection (a)(1) of this section with or

without charge or may pay a fee for its storage.

(d) Duration

Contracts entered into under subsection (a) of this section may

be of such duration as the Secretary considers necessary or

appropriate.

(e) Binding arbitration

The Secretary may agree to binding arbitration of disputes under

any contract entered into under subsection (a) of this section.

(f) Availability of funds

The Secretary may utilize such funds as are available in the SPR

Petroleum Account to carry out the activities described in

subsection (a) of this section, and may obligate and expend such

funds to carry out such activities, in advance of the receipt of

petroleum products.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 171, as added Pub. L. 101-383, Sec.

6(a)(4), Sept. 15, 1990, 104 Stat. 729; amended Pub. L. 102-486,

title XIV, Sec. 1403, Oct. 24, 1992, 106 Stat. 2994; Pub. L.

106-469, title I, Sec. 103(20), Nov. 9, 2000, 114 Stat. 2033.)

-MISC1-

PRIOR PROVISIONS

A prior section 171 of Pub. L. 94-163 was renumbered section 191

and is classified to section 6251 of this title.

AMENDMENTS

2000 - Subsec. (b)(2)(B). Pub. L. 106-469, Sec. 103(20)(A),

amended subpar. (B) generally. Prior to amendment, subpar. (B) read

as follows: "the Secretary notifies each House of the Congress of

such determination and includes in such notification the same

information required under section 6234(e) of this title with

regard to storage and related facilities proposed to be included,

or petroleum product proposed to be stored, in the Reserve."

Subsec. (b)(3). Pub. L. 106-469, Sec. 103(20)(B), substituted

"sale of petroleum products from" for "distribution of".

1992 - Subsec. (f). Pub. L. 102-486 added subsec. (f).

-End-

-CITE-

42 USC Sec. 6249a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part C - Authority To Contract for Petroleum Product Not Owned by

United States

-HEAD-

Sec. 6249a. Implementation

-STATUTE-

(a), (b) Repealed. Pub. L. 106-469, title I, Sec. 103(21), Nov. 9,

2000, 114 Stat. 2033

(c) Legal status regarding other law

Petroleum product and facilities contracted for under this part

have the same status as petroleum product and facilities owned by

the United States for all purposes associated with the exercise of

the laws of any State or political subdivision thereof.

(d) Return of product

At such time as the petroleum product contracted for under this

part is withdrawn from the Reserve upon the expiration,

termination, or other conclusion of the contract, such petroleum

product (or the equivalent quantity of petroleum product withdrawn

from the Reserve pursuant to the contract) shall be deemed, for

purposes of determining the extent to which such product is

thereafter subject to any Federal, State, or local law or

regulation, not to have left the place where such petroleum product

was located at the time it was originally committed to a contract

under this part.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 172, as added Pub. L. 101-383, Sec.

6(a)(4), Sept. 15, 1990, 104 Stat. 730; amended Pub. L. 106-469,

title I, Sec. 103(21), Nov. 9, 2000, 114 Stat. 2033.)

-MISC1-

AMENDMENTS

2000 - Subsecs. (a), (b). Pub. L. 106-469 struck out subsecs. (a)

and (b) which read as follows:

"(a) Amendment to Plan Not Required. - An amendment of the

Strategic Petroleum Reserve Plan is not required for any action

taken under this part.

"(b) Fill Rate Requirement. - For purposes of section 6240(d)(1)

of this title, any petroleum product stored in the Reserve under

this part that is removed from the Reserve at the expiration,

termination, or other conclusion of the agreement shall be

considered to be part of the Reserve until the beginning of the

fiscal year following the fiscal year in which the petroleum

product was removed."

-End-

-CITE-

42 USC Sec. 6249b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part C - Authority To Contract for Petroleum Product Not Owned by

United States

-HEAD-

Sec. 6249b. Repealed. Pub. L. 106-469, title I, Sec. 103(22), Nov.

9, 2000, 114 Stat. 2033

-MISC1-

Section, Pub. L. 94-163, title I, Sec. 173, as added Pub. L.

101-383, Sec. 6(a)(4), Sept. 15, 1990, 104 Stat. 731, related to

contracts not requiring implementing legislation.

-End-

-CITE-

42 USC Sec. 6249c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part C - Authority To Contract for Petroleum Product Not Owned by

United States

-HEAD-

Sec. 6249c. Contracts for which implementing legislation is needed

-STATUTE-

(a) In general

(1) In the case of contracts entered into under this part, and

amendments to such contracts, for which implementing legislation

will be needed, the Secretary may transmit an implementing bill to

both Houses of the Congress.

(2) In the Senate, any such bill shall be considered in

accordance with the provisions of this section.

(3) For purposes of this section -

(A) the term "implementing bill" means a bill introduced in

either House of Congress with respect to one or more contracts or

amendments to contracts submitted to the House of Representatives

and the Senate under this section and which contains -

(i) a provision approving such contracts or amendments, or

both; and

(ii) legislative provisions that are necessary or appropriate

for the implementation of such contracts or amendments, or

both; and

(B) the term "implementing revenue bill" means an implementing

bill which contains one or more revenue measures by reason of

which it must originate in the House of Representatives.

(b) Consultation

The Secretary shall consult, at the earliest possible time and on

a continuing basis, with each committee of the House and the Senate

that has jurisdiction over all matters expected to be affected by

legislation needed to implement any such contract.

(c) Effective date

Each contract and each amendment to a contract for which an

implementing bill is necessary may become effective only if -

(1) the Secretary, not less than 30 days before the day on

which such contract is entered into, notifies the House of

Representatives and the Senate of the intention to enter into

such a contract and promptly thereafter publishes notice of such

intention in the Federal Register;

(2) after entering into the contract, the Secretary transmits a

report to the House of Representatives and to the Senate

containing a copy of the final text of such contract together

with -

(A) the implementing bill, and an explanation of how the

implementing bill changes or affects existing law; and

(B) a statement of the reasons why the contract serves the

interests of the United States and why the implementing bill is

required or appropriate to implement the contract; and

(3) the implementing bill is enacted into law.

(d) Rules of Senate

Subsections (e) through (h) of this section are enacted by the

Congress -

(1) as an exercise of the rulemaking power of the Senate, and

as such they are deemed a part of the rules of the Senate but

applicable only with respect to the procedure to be followed in

the Senate in the case of implementing bills and implementing

revenue bills described in subsection (a) of this section, and

they supersede other rules only to the extent that they are

inconsistent therewith; and

(2) with full recognition of the constitutional right of the

Senate to change the rules (so far as relating to the procedure

of the Senate) at any time, in the same manner and to the same

extent as in the case of any other rule of the Senate.

(e) Introduction and referral in Senate

(1) On the day on which an implementing bill is transmitted to

the Senate under this section, the implementing bill shall be

introduced (by request) in the Senate by the majority leader of the

Senate, for himself or herself and the minority leader of the

Senate, or by Members of the Senate designated by the majority

leader and minority leader of the Senate.

(2) If the Senate is not in session on the day on which such an

agreement is submitted, the implementing bill shall be introduced

in the Senate, as provided in the (!1) paragraph (1), on the first

day thereafter on which the Senate is in session.

(3) Such bills shall be referred by the presiding officer of the

Senate to the appropriate committee, or, in the case of a bill

containing provisions within the jurisdiction of two or more

committees, jointly to such committees for consideration of those

provisions within their respective jurisdictions.

(f) Consideration of amendments to implementing bill prohibited in

Senate

(1) No amendments to an implementing bill shall be in order in

the Senate, and it shall not be in order in the Senate to consider

an implementing bill that originated in the House if such bill

passed the House containing any amendment to the introduced bill.

(2) No motion to suspend the application of this subsection shall

be in order in the Senate; nor shall it be in order in the Senate

for the Presiding Officer to entertain a request to suspend the

application of this subsection by unanimous consent.

(g) Discharge in Senate

(1) Except as provided in paragraph (3), if the committee or

committees of the Senate to which an implementing bill has been

referred have not reported it at the close of the 30th day after

its introduction, such committee or committees shall be

automatically discharged from further consideration of the bill,

and it shall be placed on the appropriate calendar.

(2) A vote on final passage of the bill shall be taken in the

Senate on or before the close of the 15th day after the bill is

reported by the committee or committees to which it was referred or

after such committee or committees have been discharged from

further consideration of the bill.

(3) The provisions of paragraphs (1) and (2) shall not apply in

the Senate to an implementing revenue bill. An implementing revenue

bill received from the House shall be, subject to subsection (f)(1)

of this section, referred to the appropriate committee or

committees of the Senate. If such committee or committees have not

reported such bill at the close of the 15th day after its receipt

by the Senate, such committee or committees shall be automatically

discharged from further consideration of such bill and it shall be

placed on the calendar. A vote on final passage of such bill shall

be taken in the Senate on or before the close of the 15th day after

such bill is reported by the committee or committees of the Senate

to which it was referred, or after such committee or committees

have been discharged from further consideration of such bill.

(4) For purposes of this subsection, in computing a number of

days in the Senate, there shall be excluded any day on which the

Senate is not in session.

(h) Floor consideration in Senate

(1) A motion in the Senate to proceed to the consideration of an

implementing bill shall be privileged and not debatable. An

amendment to the motion shall not be in order, nor shall it be in

order to move to reconsider the vote by which the motion is agreed

to or disagreed to.

(2) Debate in the Senate on an implementing bill, and all

debatable motions and appeals in connection therewith, shall be

limited to not more than 20 hours. The time shall be equally

divided between, and controlled by, the majority leader and the

minority leader or their designees.

(3) Debate in the Senate on any debatable motion or appeal in

connection with an implementing bill shall be limited to not more

than one hour to be equally divided between, and controlled by, the

mover and the manager of the bill, except that in the event the

manager of the bill is in favor of any such motion or appeal, the

time in opposition thereto shall be controlled by the minority

leader or his designee. Such leaders, or either of them, may, from

time under their control on the passage of an implementing bill,

allot additional time to any Senator during the consideration of

any debatable motion or appeal.

(4) A motion in the Senate to further limit debate is not

debatable. A motion to recommit an implementing bill is not in

order.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 174, as added Pub. L. 101-383, Sec.

6(a)(4), Sept. 15, 1990, 104 Stat. 731.)

-FOOTNOTE-

(!1) So in original. The word "the" probably should not appear.

-End-

-CITE-

42 USC Part D - Northeast Home Heating Oil Reserve 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part D - Northeast Home Heating Oil Reserve

-HEAD-

PART D - NORTHEAST HOME HEATING OIL RESERVE

-MISC1-

PRIOR PROVISIONS

A prior part D, consisting of section 6251 of this title, was

redesignated part E of this subchapter.

-End-

-CITE-

42 USC Sec. 6250 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part D - Northeast Home Heating Oil Reserve

-HEAD-

Sec. 6250. Establishment

-STATUTE-

(a) Notwithstanding any other provision of this chapter, the

Secretary may establish, maintain, and operate in the Northeast a

Northeast Home Heating Oil Reserve. A Reserve established under

this part is not a component of the Strategic Petroleum Reserve

established under part B of this subchapter. A Reserve established

under this part shall contain no more than 2 million barrels of

petroleum distillate.

(b) For the purposes of this part -

(1) the term "Northeast" means the States of Maine, New

Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New

York, Pennsylvania, and New Jersey;

(2) the term "petroleum distillate" includes heating oil and

diesel fuel; and

(3) the term "Reserve" means the Northeast Home Heating Oil

Reserve established under this part.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 181, as added Pub. L. 106-469, title

II, Sec. 201(a)(3), Nov. 9, 2000, 114 Stat. 2034.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), 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.

-MISC1-

PRIOR PROVISIONS

A prior section 181 of Pub. L. 94-163 was renumbered section 191

and is classified to section 6251 of this title.

-End-

-CITE-

42 USC Sec. 6250a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part D - Northeast Home Heating Oil Reserve

-HEAD-

Sec. 6250a. Authority

-STATUTE-

To the extent necessary or appropriate to carry out this part,

the Secretary may -

(1) purchase, contract for, lease, or otherwise acquire, in

whole or in part, storage and related facilities, and storage

services;

(2) use, lease, maintain, sell, or otherwise dispose of storage

and related facilities acquired under this part;

(3) acquire by purchase, exchange (including exchange of

petroleum products from the Strategic Petroleum Reserve or

received as royalty from Federal lands), lease, or otherwise,

petroleum distillate for storage in the Northeast Home Heating

Oil Reserve;

(4) store petroleum distillate in facilities not owned by the

United States; and

(5) sell, exchange, or otherwise dispose of petroleum

distillate from the Reserve established under this part,

including to maintain the quality or quantity of the petroleum

distillate in the Reserve or to maintain the operational

capability of the Reserve.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 182, as added Pub. L. 106-469, title

II, Sec. 201(a)(3), Nov. 9, 2000, 114 Stat. 2034.)

-End-

-CITE-

42 USC Sec. 6250b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part D - Northeast Home Heating Oil Reserve

-HEAD-

Sec. 6250b. Conditions for release; plan

-STATUTE-

(a) Finding

The Secretary may sell products from the Reserve only upon a

finding by the President that there is a severe energy supply

interruption. Such a finding may be made only if he determines that

-

(1) a dislocation in the heating oil market has resulted from

such interruption; or

(2) a circumstance, other than that described in paragraph (1),

exists that constitutes a regional supply shortage of significant

scope and duration and that action taken under this section would

assist directly and significantly in reducing the adverse impact

of such shortage.

(b) Definition

For purposes of this section a "dislocation in the heating oil

market" shall be deemed to occur only when -

(1) The price differential between crude oil, as reflected in

an industry daily publication such as "Platt's Oilgram Price

Report" or "Oil Daily" and No. 2 heating oil, as reported in the

Energy Information Administration's retail price data for the

Northeast, increases by more tan (!1) 60 percent over its 5 year

rolling average for the months of mid-October through March, and

continues for 7 consecutive days; and

(2) The price differential continues to increase during the

most recent week for which price information is available.

(c) Continuing evaluation

The Secretary shall conduct a continuing evaluation of the

residential price data supplied by the Energy Information

Administration for the Northeast and data on crude oil prices from

published sources.

(d) Release of petroleum distillate

After consultation with the heating oil industry, the Secretary

shall determine procedures governing the release of petroleum

distillate from the Reserve. The procedures shall provide that -

(1) the Secretary may -

(A) sell petroleum distillate from the Reserve through a

competitive process, or

(B) enter into exchange agreements for the petroleum

distillate that results (!2) in the Secretary receiving a

greater volume of petroleum distillate as repayment than the

volume provided to the acquirer;

(2) in all such sales or exchanges, the Secretary shall receive

revenue or its equivalent in petroleum distillate that provides

the Department with fair market value. At no time may the oil be

sold or exchanged resulting in a loss of revenue or value to the

United States; and

(3) the Secretary shall only sell or dispose of the oil in the

Reserve to entities customarily engaged in the sale and

distribution of petroleum distillate.

(e) Plan

Within 45 days of November 9, 2000, the Secretary shall transmit

to the President and, if the President approves, to the Congress a

plan describing -

(1) the acquisition of storage and related facilities or

storage services for the Reserve, including the potential use of

storage facilities not currently in use;

(2) the acquisition of petroleum distillate for storage in the

Reserve;

(3) the anticipated methods of disposition of petroleum

distillate from the Reserve;

(4) the estimated costs of establishment, maintenance, and

operation of the Reserve;

(5) efforts the Department will take to minimize any potential

need for future drawdowns and ensure that distributors and

importers are not discouraged from maintaining and increasing

supplies to the Northeast; and

(6) actions to ensure quality of the petroleum distillate in

the Reserve.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 183, as added Pub. L. 106-469, title

II, Sec. 201(a)(3), Nov. 9, 2000, 114 Stat. 2035.)

-FOOTNOTE-

(!1) So in original. Probably should be "than".

(!2) So in original. Probably should be "result".

-End-

-CITE-

42 USC Sec. 6250c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part D - Northeast Home Heating Oil Reserve

-HEAD-

Sec. 6250c. Northeast Home Heating Oil Reserve Account

-STATUTE-

(a) Establishment

Upon a decision of the Secretary of Energy to establish a Reserve

under this part, the Secretary of the Treasury shall establish in

the Treasury of the United States an account known as the

"Northeast Home Heating Oil Reserve Account" (referred to in this

section as the "Account").

(b) Deposits

the (!1) Secretary of the Treasury shall deposit in the Account

any amounts appropriated to the Account and any receipts from the

sale, exchange, or other disposition of petroleum distillate from

the Reserve.

(c) Obligation of amounts

The Secretary of Energy may obligate amounts in the Account to

carry out activities under this part without the need for further

appropriation, and amounts available to the Secretary of Energy for

obligation under this section shall remain available without fiscal

year limitation.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 184, as added Pub. L. 106-469, title

II, Sec. 201(a)(3), Nov. 9, 2000, 114 Stat. 2036.)

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

42 USC Sec. 6250d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part D - Northeast Home Heating Oil Reserve

-HEAD-

Sec. 6250d. Exemptions

-STATUTE-

An action taken under this part is not subject to the rulemaking

requirements of section 6393 of this title, section 7191 of this

title, or section 553 of title 5.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 185, as added Pub. L. 106-469, title

II, Sec. 201(a)(3), Nov. 9, 2000, 114 Stat. 2036.)

-End-

-CITE-

42 USC Sec. 6250e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part D - Northeast Home Heating Oil Reserve

-HEAD-

Sec. 6250e. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for fiscal years 2001,

2002, and 2003 such sums as may be necessary to implement this

part.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 186, as added Pub. L. 106-469, title

II, Sec. 201(a)(3), Nov. 9, 2000, 114 Stat. 2036.)

-End-

-CITE-

42 USC Part E - Expiration 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part E - Expiration

-HEAD-

PART E - EXPIRATION

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-469, title II, Sec. 201(a)(1), Nov. 9, 2000,

114 Stat. 2034, redesignated part D as E.

1990 - Pub. L. 101-383, Sec. 6(a)(2), Sept. 15, 1990, 104 Stat.

729, redesignated part C as D.

-End-

-CITE-

42 USC Sec. 6251 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

Part E - Expiration

-HEAD-

Sec. 6251. Expiration

-STATUTE-

Except as otherwise provided in this subchapter, all authority

under any provision of this subchapter and any rule, regulation, or

order issued pursuant to such authority, shall expire at midnight,

September 30, 2003, but such expiration shall not affect any action

or pending proceedings, civil or criminal, not finally determined

on such date, nor any action or proceeding based upon any act

committed prior to midnight, September 30, 2003.

-SOURCE-

(Pub. L. 94-163, title I, Sec. 191, formerly Sec. 171, as added

Pub. L. 99-58, title I, Sec. 101(a), July 2, 1985, 99 Stat. 102;

amended Pub. L. 101-46, Sec. 1(1), June 30, 1989, 103 Stat. 132;

Pub. L. 101-262, Sec. 2(b), Mar. 31, 1990, 104 Stat. 124; Pub. L.

101-360, Sec. 2(b), Aug. 10, 1990, 104 Stat. 421; renumbered Sec.

181 and amended Pub. L. 101-383, Secs. 2(2), 6(a)(3), Sept. 15,

1990, 104 Stat. 727, 729; Pub. L. 103-406, title I, Sec. 102, Oct.

22, 1994, 108 Stat. 4209; Pub. L. 104-306, Sec. 1(2), Oct. 14,

1996, 110 Stat. 3810; Pub. L. 105-177, Sec. 1(2), June 1, 1998, 112

Stat. 105; Pub. L. 106-64, Sec. 1(2), Oct. 5, 1999, 113 Stat. 511;

renumbered Sec. 191 and amended Pub. L. 106-469, title I, Sec.

103(23), title II, Sec. 201(a)(2), Nov. 9, 2000, 114 Stat. 2033,

2034.)

-COD-

CODIFICATION

Words "(other than a provision of such title amending another

law)" appearing in the original in this section, have been omitted

as unnecessary. Such title meant title I of Pub. L. 94-163, which

is classified to this subchapter. The provisions of such title that

amended other laws are not classified to this subchapter.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-469, Sec. 103(23), substituted "September 30,

2003" for "March 31, 2000" in two places.

1999 - Pub. L. 106-64 substituted "March 31, 2000" for "September

30, 1999" in two places.

1998 - Pub. L. 105-177 substituted "1999" for "1997" in two

places.

1996 - Pub. L. 104-306 substituted "September 30, 1997" for "June

30, 1996" in two places.

1994 - Pub. L. 103-406 substituted "June 30, 1996" for "September

30, 1994" in two places.

1990 - Pub. L. 101-383, Sec. 2(2), substituted "September 30,

1994" for "September 15, 1990" in two places.

Pub. L. 101-360 substituted "September 15, 1990" for "August 15,

1990" in two places.

Pub. L. 101-262 substituted "August 15, 1990" for "April 1, 1990"

in two places.

1989 - Pub. L. 101-46 substituted "April 1, 1990" for "June 30,

1989" in two places.

-End-

-CITE-

42 USC SUBCHAPTER II - STANDBY ENERGY AUTHORITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

-HEAD-

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6391, 6393, 6394, 6396

of this title.

-End-

-CITE-

42 USC Part A - General Emergency Authorities 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part A - General Emergency Authorities

-HEAD-

PART A - GENERAL EMERGENCY AUTHORITIES

-End-

-CITE-

42 USC Secs. 6261 to 6264 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part A - General Emergency Authorities

-HEAD-

Secs. 6261 to 6264. Repealed. Pub. L. 106-469, title I, Sec.

104(1), Nov. 9, 2000, 114 Stat. 2033

-MISC1-

Section 6261, Pub. L. 94-163, title II, Sec. 201, Dec. 22, 1975,

89 Stat. 890; Pub. L. 96-102, title I, Secs. 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 transmit to Congress

energy conservation contingency plans and rationing contingency

plans and provided requirements for plans to become effective and

for amendment, approval, and implementation of plans.

Section 6262, Pub. L. 94-163, title II, Sec. 202, Dec. 22, 1975,

89 Stat. 892; Pub. L. 96-102, title II, Sec. 231, Nov. 5, 1979, 93

Stat. 767, provided requirements for energy conservation

contingency plans.

Section 6263, Pub. L. 94-163, title II, Sec. 203, Dec. 22, 1975,

89 Stat. 892; Pub. L. 96-102, title I, Secs. 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 Petroleum Allocation Act of 1973, 15 U.S.C. 751 et

seq.

Section 6264, Pub. L. 94-163, title II, Sec. 204, as added Pub.

L. 99-58, title I, Sec. 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 sections 6261 to 6264 of

this title and any rule, regulation, or order issued pursuant to

such sections expired at midnight, June 30, 1985.

-End-

-CITE-

42 USC Part B - Authorities With Respect to International

Energy Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part B - Authorities With Respect to International Energy Program

-HEAD-

PART B - AUTHORITIES WITH RESPECT TO INTERNATIONAL ENERGY PROGRAM

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 30 section 185.

-End-

-CITE-

42 USC Sec. 6271 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part B - Authorities With Respect to International Energy Program

-HEAD-

Sec. 6271. International oil allocations

-STATUTE-

(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 persons engaged in

producing, transporting, refining, distributing, or storing

petroleum products, take such action as he determines to be

necessary 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

allocation 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 controlled by any person

described in the first sentence of this subsection who is subject

to the jurisdiction of the United States, including any petroleum

product destined, directly or indirectly, for import into the

United States or any foreign country, or produced in the United

States. Subject to subsection (b)(2) of this section, such a rule

shall remain in effect until amended or rescinded 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) of this section may take effect

unless the President -

(A) has transmitted such rule to the Congress;

(B) has found that putting such rule into effect is required in

order to fulfill obligations of the United States under the

international energy program; and

(C) has transmitted such finding to the Congress, together with

a statement of the effective date and manner for exercise of such

rule.

(2) No rule under subsection (b) of this section may be put into

effect or remain in effect after the expiration of 12 months after

the date such rule was transmitted to Congress under paragraph

(1)(A).

(c) Consistency of rule with attainment of objectives 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 consistent 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 energy program.

(d) Nonapplicability of export restrictions under other laws

Neither section 6212 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 produced in the

United States.

(e) Prerequisites for effectiveness of rule

No rule under this section may be put into effect unless -

(1) an international energy supply emergency, as defined in the

first sentence of section 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 program has been activated pursuant

to chapter IV of such program.

-SOURCE-

(Pub. L. 94-163, title II, Sec. 251, Dec. 22, 1975, 89 Stat. 894;

Pub. L. 97-229, Sec. 2(b)(1), Aug. 3, 1982, 96 Stat. 248; Pub. L.

105-177, Sec. 1(3), June 1, 1998, 112 Stat. 105.)

-REFTEXT-

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 expiration of the President's

authority under that section on Sept. 30, 1981.

-MISC1-

AMENDMENTS

1998 - Subsec. (e)(1). Pub. L. 105-177 substituted reference to

section 6272(k)(1) for reference to section 6272(l)(1).

1982 - Subsec. (e). Pub. L. 97-229 added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6395 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6272 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part B - Authorities With Respect to International Energy Program

-HEAD-

Sec. 6272. International voluntary agreements

-STATUTE-

(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 voluntary agreements and

plans of action to implement the international emergency response

provisions, and

(2) the availability of immunity from the antitrust laws with

respect to the development or carrying out of such voluntary

agreements 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 Attorney General, after

each of them has consulted with the Federal Trade Commission and

the Secretary of State, shall prescribe, by rule, standards and

procedures by which persons engaged in the business of producing,

transporting, refining, distributing, or storing petroleum products

may develop and carry out voluntary agreements, and plans of

action, which are required to implement the international emergency

response provisions.

(c) Requirements for standards and procedures

The standards and procedures prescribed under subsection (b) of

this section shall include the following requirements:

(1)(A)(i) Except as provided in clause (ii) or (iii) of this

subparagraph, meetings held to develop or carry out a voluntary

agreement or plan of action under this subsection shall permit

attendance by representatives of committees of Congress and

interested persons, including all interested segments of the

petroleum industry, consumers, and the public; shall be preceded

by timely and adequate notice 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 International Energy

Agency established by the international energy program need not

be open to interested persons and need not be initiated and

chaired by a regular full-time Federal employee.

(iii) The President, in consultation with the Secretary, the

Secretary of State, and the Attorney 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 attendance by interested persons may be limited,

if the President finds that a wider disclosure would be

detrimental to the foreign policy interests of the United States.

(B) No meetings may be held to develop or carry out a voluntary

agreement or plan of action 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 opportunity to present, in writing and orally,

data, views, and arguments at such meetings, subject to any

reasonable limitations with respect 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 complete record shall be kept of any communication

(other than in a meeting) made, between or among participants or

potential participants, to develop, or carry out a voluntary

agreement or a plan of action under this section. Such record or

transcript shall be deposited, 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 inspection

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 section

552(b)(1), the President shall consult with the Secretary of

State, the Secretary, and the Attorney General with respect to

questions relating to the foreign policy interests of the United

States.

(4) No provision of this section may be exercised so as to

prevent representatives of committees of Congress from attending

meetings to which this section applies, or from having access to

any transcripts, records, and agreements 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 Federal 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 beginning in the development, and when

practicable, in the carrying out of voluntary agreements and plans

of action authorized under this section. Each may propose any

alternative which would avoid or overcome, to the greatest extent

practicable, possible anticompetitive effects while achieving

substantially the purposes of this part. A voluntary agreement or

plan of action under this section may not be carried out unless

approved by the Attorney General, after consultation with the

Federal Trade Commission. Prior to the expiration of the period

determined under paragraph (2), the Federal Trade Commission shall

transmit to the Attorney General its views as to whether such an

agreement or plan of action should be approved, and shall publish

such views in the Federal Register. The Attorney General, in

consultation with the Federal Trade Commission, the Secretary of

State, and the Secretary, shall have the right to review, amend,

modify, disapprove, or revoke, on his own motion or upon the

request of the Federal Trade Commission or any interested person,

any voluntary agreement or plan of action at any time, and, if

revoked, thereby withdraw prospectively any immunity which may be

conferred by subsection (f) or (j) of this section.

(2) Any voluntary agreement or plan of action entered into

pursuant to this section shall be submitted in writing to the

Attorney General and the Federal Trade Commission 20 days before

being implemented; except that during an international energy

supply emergency, the Secretary, subject to approval of the

Attorney General, may reduce such 20-day period. Any such agreement

or plan of action shall be available for public inspection and

copying, except that a plan of action shall be so available only to

the extent to which records or transcripts are so available as

provided in the last sentence of subsection (c)(3) of this section.

Any action taken pursuant to such voluntary agreement or plan of

action shall be reported to the Attorney General and the Federal

Trade Commission pursuant to such regulations as shall be

prescribed under paragraphs (3) and (4) of subsection (e) of this

section.

(3) A plan of action may not be approved by the Attorney General

under this subsection unless such plan (A) describes the types of

substantive actions which may be taken under the plan, and (B) is

as specific in its description of proposed substantive actions as

is reasonable in light of circumstances known at the time of

approval.

(e) Monitoring of development and carrying out of voluntary

agreements and plans of action by Attorney General and Federal

Trade Commission

(1) The Attorney General and the Federal Trade Commission shall

monitor the development and carrying out of voluntary agreements

and plans of action authorized under this section in order to

promote competition and to prevent anticompetitive practices and

effects, while achieving substantially the purposes of this part.

(2) In addition to any requirement specified under subsections

(b) and (c) of this section and in order to carry out the purposes

of this section, the Attorney General, in consultation with the

Federal Trade Commission and the Secretary, may promulgate rules

concerning the maintenance of necessary and appropriate records

related to the development and carrying out of voluntary agreements

and plans of action authorized pursuant to this section.

(3) Persons developing or carrying out voluntary agreements and

plans of action authorized pursuant to this section shall maintain

such records as are required by rules promulgated under paragraph

(2). The Attorney General and the Federal Trade Commission shall

have access to and the right to copy such records at reasonable

times and upon reasonable notice.

(4) The Attorney General and the Federal Trade Commission may

each prescribe such rules as may be necessary or appropriate to

carry out their respective responsibilities under this section.

They may both utilize for such purposes and for purposes of

enforcement any powers conferred upon the Federal Trade Commission

or the Department of Justice, or both, by the antitrust laws or the

Antitrust Civil Process Act [15 U.S.C. 1311 et seq.]; and wherever

any such law refers to "the purposes of this Act" or like terms,

the reference shall be understood to include this section.

(f) Defense to civil or criminal antitrust actions

(1) There shall be available as a defense to any civil or

criminal action brought under the antitrust laws (or any similar

State law) in respect to actions taken to develop or carry out a

voluntary agreement or plan of action by persons engaged in the

business of producing, transporting, refining, distributing, or

storing petroleum products (provided that such actions were not

taken for the purpose of injuring competition) that -

(A) such actions were taken -

(i) in the course of developing a voluntary agreement or plan

of action pursuant to this section, or

(ii) to carry out a voluntary agreement or plan of action

authorized and approved in accordance with this section, and

(B) such persons complied with the requirements of this section

and the rules promulgated hereunder.

(2) Except in the case of actions taken to develop a voluntary

agreement or plan of action, the defense provided in this

subsection shall be available only if the person asserting the

defense demonstrates that the actions were specified in, or within

the reasonable contemplation of, an approved voluntary agreement or

plan of action.

(3) Persons interposing the defense provided by this subsection

shall have the burden of proof, except that the burden shall be on

the person against whom the defense is asserted with respect to

whether the actions were taken for the purpose of injuring

competition.

(g) Acts or practices occurring prior to date of enactment of

chapter or subsequent to its expiration or repeal

No provision of this section shall be construed as granting

immunity for, or as limiting or in any way affecting any remedy or

penalty which may result from any legal action or proceeding

arising from, any act or practice which occurred prior to the date

of enactment of this chapter or subsequent to its expiration or

repeal.

(h) Applicability of Defense Production Act of 1950

Section 2158 of title 50, Appendix, shall not apply to any

agreement or action undertaken for the purpose of developing or

carrying out -

(1) the international energy program; or

(2) any allocation, price control, or similar program with

respect to petroleum products under this chapter.

(i) Reports by Attorney General and Federal Trade Commission to

Congress and President

The Attorney General and the Federal Trade Commission shall each

submit to the Congress and to the President, at such intervals as

are appropriate based on significant developments and issues,

reports on the impact on competition and on small business of

actions authorized by this section.

(j) Defense in breach of contract actions

In any action in any Federal or State court for breach of

contract, there shall be available as a defense that the alleged

breach of contract was caused predominantly by action taken during

an international energy supply emergency to carry out a voluntary

agreement or plan of action authorized and approved in accordance

with this section.

(k) Definitions

As used in this section and section 6274 of this title:

(1) The term "international energy supply emergency" means any

period (A) beginning on any date which the President determines

allocation of petroleum products to nations participating in the

international energy program is required by chapters III and IV

of such program, and (B) ending on a date on which he determines

that such allocation is no longer required. Such a period may not

exceed 90 days, but the President may establish one or more

additional 90-day periods by making anew the determination under

subparagraph (A) of the preceding sentence. Any determination

respecting the beginning or end of any such period shall be

published in the Federal Register.

(2) The term "international emergency response provisions"

means -

(A) the provisions of the international energy program which

relate to international allocation of petroleum products and to

the information system provided in the program; and

(B) the emergency response measures adopted by the Governing

Board of the International Energy Agency (including the July

11, 1984, decision by the Governing Board on "Stocks and Supply

Disruptions") for -

(i) the coordinated drawdown of stocks of petroleum

products held or controlled by governments; and

(ii) complementary actions taken by governments during an

existing or impending international oil supply disruption.

(l) Applicability of antitrust defense

The antitrust defense under subsection (f) of this section shall

not extend to the international allocation of petroleum products

unless allocation is required by chapters III and IV of the

international energy program during an international energy supply

emergency.

(m) Limitation on new plans of action

(1) With respect to any plan of action approved by the Attorney

General after July 2, 1985 -

(A) the defenses under subsection (f) and (j) of this section

shall be applicable to Type 1 activities (as that term is defined

in the International Energy Agency Emergency Management Manual,

dated December 1982) only if -

(i) the Secretary has transmitted such plan of action to the

Congress; and

(ii)(I) 90 calendar days of continuous session have elapsed

since receipt by the Congress of such transmittal; or

(II) within 90 calendar days of continuous session after

receipt of such transmittal, either House of the Congress has

disapproved a joint resolution of disapproval pursuant to

subsection (n) of this section; and

(B) such defenses shall not be applicable to Type 1 activities

if there has been enacted, in accordance with subsection (n) of

this section, a joint resolution of disapproval.

(2) The Secretary may withdraw the plan of action at any time

prior to adoption of a joint resolution described in subsection

(n)(3) of this section by either House of Congress.

(3) For the purpose of this subsection -

(A) continuity of session is broken only by an adjournment of

the Congress sine die at the end of the second session of

Congress; and

(B) the days on which either House is not in session because of

an adjournment of more than three days to a day certain are

excluded in the computation of the calendar-day period involved.

(n) Joint resolution of disapproval

(1)(A) The application of defenses under subsections (f) and (j)

of this section for Type 1 activities with respect to any plan of

action transmitted to Congress as described in subsection

(m)(1)(A)(i) of this section shall be disapproved if a joint

resolution of disapproval has been enacted into law during the

90-day period of continuous session after which such transmission

was received by the Congress. For the purpose of this subsection,

the term "joint resolution" means only a joint resolution of either

House of the Congress as described in paragraph (3).

(B) After receipt by the Congress of such plan of action, a joint

resolution of disapproval may be introduced in either House of the

Congress. Upon introduction in the Senate, the joint resolution

shall be referred in the Senate immediately to the Committee on

Energy and Natural Resources of the Senate.

(2) This subsection is enacted by the Congress -

(A) as an exercise of the rulemaking power of the Senate and as

such it is deemed a part of the rules of the Senate, but

applicable only with respect to the procedure to be followed in

the Senate in the case of resolutions described by paragraph (3);

it supersedes other rules only to the extent that is inconsistent

therewith; and

(B) with full recognition of the constitutional right of the

Senate to change the rules (so far as relating to the procedure

of the Senate) at any time, in the same manner and to the same

extent as in the case of any other rule of the Senate.

(3) The joint resolution disapproving the transmission under

subsection (m) of this section shall read as follows after the

resolving clause: "That the Congress of the United States

disapproves the availability of the defenses pursuant to section

252 (f) and (j) of the Energy Policy and Conservation Act with

respect to Type 1 activities under the plan of action submitted to

the Congress by the Secretary of Energy on .", the blank

space therein being filled with the date and year of receipt by the

Congress of the plan of action transmitted as described in

subsection (m) of this section.

(4)(A) If the Committee on Energy and Natural Resources of the

Senate has not reported a joint resolution referred to it under

this subsection at the end of 20 calendar days of continuous

session after its referral, it shall be in order to move either to

discharge the committee from further consideration of such

resolution or to discharge the committee from further consideration

of any other joint resolution which has been referred to the

committee with respect to such plan of action.

(B) A motion to discharge shall be highly privileged (except that

it may not be made after the Committee on Energy and Natural

Resources has reported a joint resolution with respect to the plan

of action), and debate thereon shall be limited to not more than

one hour, to be divided equally between those favoring and those

opposing the joint resolution. An amendment to the motion shall not

be in order, and it shall not be in order to move to reconsider the

vote by which the motion was agreed to or disagreed to.

(C) If the motion to discharge is agreed to or disagreed to, the

motion may not be renewed, nor may another motion to discharge the

committee be made with respect to any other joint resolution with

respect to the same transmission.

(5)(A) When the Committee on Energy and Natural Resources of the

Senate has reported or has been discharged from further

consideration of a joint resolution, it shall be in order at any

time thereafter within the 90-day period following receipt by the

Congress of the plan of action (even though a previous motion to

the same effect has been disagreed to) to move to proceed to the

consideration of such joint resolution. The motion shall be highly

privileged and shall not be debatable. An amendment to the motion

shall not be in order, and it shall not be in order to move to

reconsider a vote by which the motion was agreed to or disagreed

to.

(B) Debate on the joint resolution shall be limited to not more

than 10 hours and final action on the joint resolution shall occur

immediately following conclusion of such debate. A motion further

to limit debate shall not be debatable. A motion to recommit such a

joint resolution shall not be in order, and it shall not be in

order to move to reconsider the vote by which such a joint

resolution was agreed to or disagreed to.

(6)(A) Motions to postpone made with respect to the discharge

from committee or consideration of a joint resolution, shall be

decided without debate.

(B) Appeals from the decision of the Chair relating to the

application of rules of the Senate to the procedures relating to a

joint resolution shall be decided without debate.

-SOURCE-

(Pub. L. 94-163, title II, Sec. 252, Dec. 22, 1975, 89 Stat. 894;

Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.

3288; Pub. L. 96-30, June 30, 1979, 93 Stat. 80; Pub. L. 96-94,

Oct. 31, 1979, 93 Stat. 720; Pub. L. 96-133, Secs. 1, 2, Nov. 30,

1979, 93 Stat. 1053; Pub. L. 97-5, Mar. 13, 1981, 95 Stat. 7; Pub.

L. 97-50, Sept. 30, 1981, 95 Stat. 957; Pub. L. 97-163, Apr. 1,

1982, 96 Stat. 24; Pub. L. 97-190, June 1, 1982, 96 Stat. 106; Pub.

L. 97-217, July 19, 1982, 96 Stat. 196; Pub. L. 97-229, Sec. 2(a),

(b)(2), Aug. 3, 1982, 96 Stat. 248; Pub. L. 98-239, Mar. 20, 1984,

98 Stat. 93; Pub. L. 99-58, title I, Secs. 104(c)(2), (4), 105,

July 2, 1985, 99 Stat. 105; Pub. L. 104-66, title I, Sec. 1091(g),

Dec. 21, 1995, 109 Stat. 722; Pub. L. 105-177, Sec. 1(4), June 1,

1998, 112 Stat. 105.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsecs. (a)(2), (e)(4), and

(f)(1), are classified generally to chapter 1 (Sec. 1 et seq.) of

Title 15, Commerce and Trade.

The Antitrust Civil Process Act, referred to in subsec. (e)(4),

is Pub. L. 87-664, Sept. 19, 1962, 76 Stat. 548, as amended, which

is classified generally to chapter 34 (Sec. 1311 et seq.) of Title

15. For complete classification of that Act to the Code, see Short

Title note set out under section 1311 of Title 15 and Tables.

The date of enactment of this chapter, referred to in subsec.

(g), means the date of enactment of Pub. L. 94-163, which was

approved Dec. 22, 1975.

This chapter, referred to in subsec. (h)(2), 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.

Section 252(f) and (j) of the Energy Policy and Conservation Act,

referred to in subsection (n)(3), is classified to subsecs. (f) and

(j) of this section.

-MISC1-

AMENDMENTS

1998 - Subsecs. (a)(1), (b). Pub. L. 105-177, Sec. 1(4)(A),

substituted "international emergency response provisions" for

"allocation and information provisions of the international energy

program".

Subsec. (d)(3). Pub. L. 105-177, Sec. 1(4)(B), substituted

"circumstances known at the time of approval" for "known

circumstances".

Subsec. (e)(2). Pub. L. 105-177, Sec. 1(4)(C), substituted "may"

for "shall".

Subsec. (f)(2). Pub. L. 105-177, Sec. 1(4)(D), inserted

"voluntary agreement or" after "approved".

Subsec. (h). Pub. L. 105-177, Sec. 1(4)(E), amended subsec. (h)

generally. Prior to amendment, subsec. (h) read as follows: "Upon

the expiration of the 90-day period which begins on December 22,

1975, the provisions of sections 708 and 708A (other than 708A(o))

of the Defense Production Act of 1950 shall not apply to any

agreement or action undertaken for the purpose of developing or

carrying out (1) the international energy program, or (2) any

allocation, price control, or similar program with respect to

petroleum products under this chapter or under the Emergency

Petroleum Allocation Act of 1973. For purposes of section 708(A)(o)

of the Defense Production Act of 1950, the effective date of the

provisions of this chapter which relate to international voluntary

agreements to carry out the International Energy Program shall be

deemed to be 90 days after December 22, 1975."

Subsec. (k)(2). Pub. L. 105-177, Sec. 1(4)(F), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "The term

'allocation and information provisions of the international energy

program' means the provisions of the international energy program

which relate to international allocation of petroleum products and

to the information system provided in such program."

Subsec. (l). Pub. L. 105-177, Sec. 1(4)(G), amended subsec. (l)

generally. Prior to amendment, subsec. (l) read as follows: "The

authority granted by this section shall apply only to the

development or carrying out of voluntary agreements and plans of

action to implement chapters III, IV, and V of the international

energy program."

1995 - Subsec. (i). Pub. L. 104-66 substituted ", at such

intervals as are appropriate based on significant developments and

issues, reports" for ", at least once every 6 months, a report".

1985 - Subsec. (d)(1). Pub. L. 99-58, Sec. 104(c)(4), substituted

"subsection (f) or (j)" for "subsection (f) or (k)".

Subsecs. (j) to (l). Pub. L. 99-58, Sec. 104(c)(2), redesignated

subsecs. (k) to (m) as (j) to (l). Former subsec. (j), which

provided that the authority granted by this section would terminate

at midnight, June 30, 1985, was struck out.

Subsecs. (m), (n). Pub. L. 99-58, Sec. 105, added subsecs. (m)

and (n). Former subsec. (m) redesignated (l).

1984 - Subsec. (j). Pub. L. 98-239 substituted "June 30, 1985"

for "December 31, 1983".

1982 - Subsec. (j). Pub. L. 97-229, Sec. 2(a), substituted "at

midnight December 31, 1983" for "August 1, 1982".

Pub. L. 97-217 substituted "August 1, 1982" for "July 1, 1982".

Pub. L. 97-190 substituted "July 1, 1982" for "June 1, 1982".

Pub. L. 97-163 substituted "June 1, 1982" for "April 1, 1982".

Subsec. (m). Pub. L. 97-229, Sec. 2(b)(2), added subsec. (m).

1981 - Subsec. (j). Pub. L. 97-50 substituted "April 1, 1982" for

"September 30, 1981".

Pub. L. 97-5 substituted "September 30, 1981" for "March 15,

1981".

1979 - Subsec. (c)(4). Pub. L. 96-133, Sec. 2, inserted

provisions respecting access to transcripts.

Subsec. (j). Pub. L. 96-133, Sec. 1, substituted "March 15, 1981"

for "November 30, 1979".

Pub. L. 96-94 substituted "November 30" for "October 31".

Pub. L. 96-30 substituted "October 31, 1979" for "June 30, 1979".

1978 - Subsecs. (b), (c)(1)(A)(iii), (2), (3), (d)(1), (2),

(e)(2). Pub. L. 95-619 substituted "Secretary" for "Administrator",

meaning Administrator of the Federal Energy Administration,

wherever appearing.

STUDY AND REPORT ON ENERGY POLICY COOPERATION BETWEEN UNITED STATES

AND OTHER WESTERN HEMISPHERE COUNTRIES

Pub. L. 100-373, Sec. 2, July 19, 1988, 102 Stat. 878, directed

Secretary of Energy, in consultation with Secretary of State and

Secretary of Commerce, to conduct a study to determine how best to

enhance cooperation between United States and other countries of

Western Hemisphere with respect to energy policy including stable

supplies of, and stable prices for, energy, with Secretary of

Energy to report results of such study to Congress, propose a

comprehensive international energy policy for United States

designed to enhance cooperation between United States and other

countries of the Western Hemisphere, and recommend such action as

Secretary deemed necessary to establish and implement such policy.

REPORT OF IMPLEMENTATION ACTIVITIES UNDER INTERNATIONAL VOLUNTARY

AGREEMENTS

Section 3 of Pub. L. 96-133, directed Secretary of Energy, in

consultation with Secretary of State, Attorney General, and

Chairman of Federal Trade Commission, to prepare and submit to

appropriate committees of Congress, a report concerning actions

taken by them to carry out provisions of this section, which report

was to examine and discuss extent to which all, or part, of any

meeting held in accordance with subsec. (c) of this section to

carry out a voluntary agreement or to develop or carry out a plan

of action should be open to interested persons in furtherance of

provisions of subsec. (c)(1)(A) of this section, policies and

procedures followed by appropriate Federal agencies in reviewing

and making public or withholding from the public all, or part, of

any transcript of any meeting held to develop or carry out a

voluntary agreement or plan of action under this section and in

permitting persons, other than citizens of United States, to review

such transcripts prior to any public disclosure thereof, extent to

which classification of all, or part, of such transcripts should be

carried out by one agency, adequacy of actions by responsible

Federal agencies in insuring that standards and procedures required

by this section are fully implemented and enforced, including

monitoring of program concerning any anticompetitive effects, and

number of personnel, and amount of funds, assigned by each such

agency to carry out such standards and procedures, actions taken,

or to be taken, to improve reporting of energy supply data under

international energy program and to reconcile such reporting with

similar reporting that is conducted by Department of Energy,

actions taken, or planned, to improve reporting required by subsec.

(i) of this section, and other actions under subsec. (i) of this

section and to transmit such report to such committees within 120

days after Nov. 30, 1979, and to make such report available to the

public.

CLASSIFICATION OF CERTAIN INFORMATION AND MATERIAL

For provisions relating to the classification of certain

information and material obtained from advisory bodies created to

implement the International Energy Program, see Ex. Ord. No. 11932,

eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under section

435 of Title 50, War and National Defense.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6271, 6395 of this title.

-End-

-CITE-

42 USC Sec. 6273 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part B - Authorities With Respect to International Energy Program

-HEAD-

Sec. 6273. Advisory committees

-STATUTE-

(a) Authority of Secretary to establish; applicability of section

17 of Federal Energy Administration Act of 1974; chairman;

inclusion of representatives of public; public meetings; notice

of meeting to Attorney General and Federal Trade Commission;

attendance and participation of their representatives

To achieve the purposes of the international energy program with

respect to international allocation of petroleum products and the

information system provided in such program, the Secretary may

provide for the establishment of such advisory committees as he

determines are necessary. In addition to the requirements specified

in this section, such advisory committees shall be subject to the

provisions of section 17 of the Federal Energy Administration Act

of 1974 [15 U.S.C. 776] (whether or not such Act [15 U.S.C. 761 et

seq.] or any of its provisions expire or terminate before June 30,

1985); shall be chaired by a regular full-time Federal employee;

and shall include representatives of the public. The meetings of

such committees shall be open to the public. The Attorney General

and the Federal Trade Commission shall have adequate advance notice

of any meeting and may have an official representative attend and

participate in any such meeting.

(b) Transcript of meetings

A verbatim transcript shall be kept of such advisory committee

meetings, and shall be deposited with the Attorney General and the

Federal Trade Commission. Such transcript shall be made available

for public inspection and copying in accordance with section 552 of

title 5, except that 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), and so much of

(b)(4) as relates to trade secrets, or pursuant to a determination

under subsection (c) of this section.

(c) Suspension of application of certain requirements by President

The President, after consultation with the Secretary of State,

the Federal Trade Commission, the Attorney General, and the

Secretary, may suspend the application of -

(1) sections 10 and 11 of the Federal Advisory Committee Act,

(2) subsections (b) and (c) of section 17 (!1) of the Federal

Energy Administration Act of 1974,

(3) the requirement under subsection (a) of this section that

meetings be open to the public, and

(4) the second sentence of subsection (b) of this section;

if the President determines with respect to a particular meeting,

(A) that such suspension is essential to the developing or carrying

out of the international energy program, (B) that such suspension

relates solely to the purpose of international allocation of

petroleum products and the information system provided in such

program, and (C) that the meeting deals with matters described in

section 552(b)(1) of title 5. Such determination by the President

shall be in writing, shall set forth a detailed explanation of

reasons justifying the granting of such suspension, and shall be

published in the Federal Register at a reasonable time prior to the

effective date of any such suspension.

-SOURCE-

(Pub. L. 94-163, title II, Sec. 253, Dec. 22, 1975, 89 Stat. 898;

Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.

3288.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Energy Administration Act of 1974, referred to in

subsec. (a), is Pub. L. 93-275, May 7, 1974, 88 Stat. 96, as

amended, which is classified generally to chapter 16B (Sec. 761 et

seq.) of Title 15, Commerce and Trade. For complete classification

of this Act to the Code, see Short Title note set out under section

761 of Title 15 and Tables.

Sections 10 and 11 of the Federal Advisory Committee Act,

referred to in subsec. (c)(1), are sections 10 and 11 of Pub. L.

92-463, which are set out in the Appendix to Title 5, Government

Organization and Employees.

Section 17 of the Federal Energy Administration Act of 1974,

referred to in subsec. (c)(2), was classified to section 776 of

Title 15, Commerce and Trade, prior to repeal by Pub. L. 105-28,

Sec. 2(b)(2), July 18, 1997, 111 Stat. 245.

-MISC1-

AMENDMENTS

1978 - Subsecs. (a), (c). Pub. L. 95-619 substituted "Secretary"

for "Administrator", meaning Administrator of the Federal Energy

Administration.

CLASSIFICATION OF CERTAIN INFORMATION AND MATERIAL

For provisions relating to the classification of certain

information and material obtained from advisory bodies created to

implement the International Energy Program, see Ex. Ord. No. 11932,

eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under section

435 of Title 50, War and National Defense.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment unless in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the end of such 2-year period, or in the case of a committee

established by the Congress, its duration is otherwise provided by

law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776,

set out in the Appendix to Title 5, Government Organization and

Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6395 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6274 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part B - Authorities With Respect to International Energy Program

-HEAD-

Sec. 6274. Exchange of information with International Energy Agency

-STATUTE-

(a) Submission of information by Secretary to Secretary of State;

transmittal to Agency; aggregation and reporting of geological or

geophysical information, trade secrets, or commercial or

financial information; availability of such information during

international energy supply emergency; certification by President

that Agency has adopted security measures; review of compliance

of other nations with program; petition to President for changes

in procedure

(1) Except as provided in subsections (b) and (c) of this

section, the Secretary, after consultation with the Attorney

General, may provide to the Secretary of State, and the Secretary

of State may transmit to the International Energy Agency

established by the international energy program, the information

and data related to the energy industry certified by the Secretary

of State as required to be submitted under the international energy

program.

(2)(A) Except as provided in subparagraph (B) of this paragraph,

any such information or data which is geological or geophysical

information or a trade secret or commercial or financial

information to which section 552(b)(9) or (b)(4) of title 5 applies

shall, prior to such transmittal, be aggregated, accumulated, or

otherwise reported in such manner as to avoid, to the fullest

extent feasible, identification of any person from whom the United

States obtained such information or data, and in the case of

geological or geophysical information, a competitive disadvantage

to such person.

(B)(i) Notwithstanding subparagraph (A) of this paragraph, during

an international energy supply emergency, any such information or

data with respect to the international allocation of petroleum

products may be made available to the International Energy Agency

is otherwise authorized to be made available to such Agency by

paragraph (1) of this subsection.

(ii) Subparagraph (A) shall not apply to information described in

subparagraph (A) (other than geological or geophysical information)

if the President certifies, after opportunity for presentation of

views by interested persons, that the International Energy Agency

has adopted and is implementing security measures which assure that

such information will not be disclosed by such Agency or its

employees to any person or foreign country without having been

aggregated, accumulated, or otherwise reported in such manner as to

avoid identification of any person from whom the United States

obtained such information or data.

(3)(A) Within 90 days after December 22, 1975, and periodically

thereafter, the President shall review the operation of this

section and shall determine whether other signatory nations to the

international energy program are transmitting information and data

to the International Energy Agency in substantial compliance with

such program. If the President determines that other nations are

not so complying, paragraph (2)(B)(ii) shall not apply until he

determines other nations are so complying.

(B) Any person who believes he has been or will be damaged by the

transmittal of information or data pursuant to this section shall

have the right to petition the President and to request changes in

procedures which will protect such person from any competitive

damage.

(b) Halting transmittal of information that would prejudice

competition, violate antitrust laws, or be inconsistent with

security interests

If the President determines that the transmittal of data or

information pursuant to the authority of this section would

prejudice competition, violate the antitrust laws, or be

inconsistent with United States national security interests, he may

require that such data or information not be transmitted.

(c) Information protected by statute

Information and data the confidentiality of which is protected by

statute shall not be provided by the Secretary to the Secretary of

State under subsection (a) of this section for transmittal to the

International Energy Agency, unless the Secretary has obtained the

specific concurrence of the head of any department or agency which

has the primary statutory authority for the collection, gathering,

or obtaining of such information and data. In making a

determination to concur in providing such information and data, the

head of any department or agency which has the primary statutory

authority for the collection, gathering, or obtaining of such

information and data shall consider the purposes for which such

information and data were collected, gathered, and obtained, the

confidentiality provisions of such statutory authority, and the

international obligations of the United States under the

international energy program with respect to the transmittal of

such information and data to an international organization or

foreign country.

(d) Continuation of authority to collect data under Energy Supply

and Environmental Coordination Act and Federal Energy

Administration Act of 1974

For the purposes of carrying out the obligations of the United

States under the international energy program, the authority to

collect data granted by sections 11 and 13 of the Energy Supply and

Environmental Coordination Act [15 U.S.C. 796] and the Federal

Energy Administration Act of 1974 [15 U.S.C. 772], respectively,

shall continue in full force and effect without regard to the

provisions of such Acts relating to their expiration.

(e) Limitation on disclosure contained in other laws

The authority under this section to transmit information shall be

subject to any limitations on disclosure contained in other laws,

except that such authority may be exercised without regard to -

(1) section 11(d) of the Energy Supply and Environmental

Coordination Act of 1974 [15 U.S.C. 796(d)];

(2) section 14(b) of the Federal Energy Administration Act of

1974 [15 U.S.C. 773(b)];

(3) section 12 of the Export Administration Act of 1979 [50

App. U.S.C. 2411];

(4) section 9 of title 13;

(5) section 176a of title 15; and

(6) section 1905 of title 18.

-SOURCE-

(Pub. L. 94-163, title II, Sec. 254, Dec. 22, 1975, 89 Stat. 899;

Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.

3288; Pub. L. 96-72, Sec. 22(b)(2), Sept. 29, 1979, 93 Stat. 535.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsec. (b), are classified

generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and

Trade.

The provisions of such Acts relating to their expiration,

referred to in subsec. (d), means section 11(g) of Pub. L. 93-319,

June 22, 1974, 88 Stat. 246, the Energy Supply and Environmental

Coordination Act, which enacted section 796(g) of Title 15, and

section 30 of Pub. L. 93-275, May 7, 1974, 88 Stat. 97, the Federal

Energy Administration Act of 1974, which is set out as a note under

section 761 of Title 15.

-MISC1-

AMENDMENTS

1979 - Subsec. (e)(3). Pub. L. 96-72 substituted "12" for "7" and

"1979" for "1969".

1978 - Subsecs. (a)(1), (c). Pub. L. 95-619 substituted

"Secretary" for "Administrator", meaning Administrator of the

Federal Energy Administration, wherever appearing.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-72 effective upon the expiration of the

Export Administration Act of 1969, which terminated on Sept. 30,

1979, or upon any prior date which the Congress by concurrent

resolution or the President by proclamation designated, see section

2418 of Appendix to Title 50, War and National Defense.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6272, 6395 of this title.

-End-

-CITE-

42 USC Sec. 6275 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part B - Authorities With Respect to International Energy Program

-HEAD-

Sec. 6275. Relationship between standby emergency authorities and

international energy program

-STATUTE-

The purpose of the Congress in enacting this subchapter is to

provide standby energy emergency authority to deal with energy

shortage conditions and to minimize economic dislocations and

adverse impacts on employment. While the authorities contained in

this subchapter may, to the extent authorized by this subchapter,

be used to carry out obligations incurred by the United States in

connection with the International Energy Program, this subchapter

shall not be construed in any way as advice and consent,

ratification, endorsement, or other form of congressional approval

of the specific terms of such program.

-SOURCE-

(Pub. L. 94-163, title II, Sec. 255, Dec. 22, 1975, 89 Stat. 900.)

-End-

-CITE-

42 USC Sec. 6276 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part B - Authorities With Respect to International Energy Program

-HEAD-

Sec. 6276. Domestic renewable energy industry and related service

industries

-STATUTE-

(a) Purpose

It is the purpose of this section to implement the

responsibilities of the United States under chapter VII of the

international energy program with respect to development of

alternative energy by facilitating the overall abilities of the

domestic renewable energy industry and related service industries

to create new markets.

(b) Evaluation; report to Congress

(1) Before the later of -

(A) 6 months after July 18, 1984, and

(B) May 31, 1985,

the Secretary of Commerce shall conduct an evaluation regarding the

domestic renewable energy industry and related service industries

and submit a report of his findings to the Congress.

(2) Such evaluation shall include -

(A) an assessment of the technical and commercial status of the

domestic renewable energy industry and related service industries

in domestic and foreign markets;

(B) an assessment of the Federal Government's activities

affecting commerce in the domestic renewable energy industry and

related service industries and in consolidating and coordinating

such activities within the Federal Government; and

(C) an assessment of the aspects of the domestic renewable

energy industry and related service industries in which

improvements must be made to increase the international

commercialization of such industry.

(c) Program for enhancing commerce in renewable energy

technologies; funding

(1) On the basis of the evaluation under subsection (b) of this

section, the Secretary of Commerce shall, consistent with existing

law, establish a program for enhancing commerce in renewable energy

technologies and consolidating or coordinating existing activities

for such purpose.

(2) Such program shall provide for -

(A) the broadening of the participation by the domestic

renewable energy industry and related service industries in such

activities;

(B) the promotion of the domestic renewable energy industry and

related service industries on a worldwide basis;

(C) the participation by the Federal Government and the

domestic renewable energy industry and related service industries

in international standard-setting activities; and

(D) the establishment of an information program under which -

(i) technical information about the domestic renewable energy

industry and related service industries shall be provided to

appropriate public and private officials engaged in commerce,

and to potential end users, including other industry sectors in

foreign countries such as health care, rural development,

communications, and refrigeration, and others, and

(ii) marketing information about export and export financing

opportunities shall be available to the domestic renewable

energy industry and related service industries.

(3) Necessary funds required for carrying out such program shall

be requested in connection with fiscal years beginning after

September 30, 1984.

(d) Interagency working group

(1) Establishment

(A) There shall be established an interagency working group

that, in consultation with the representative industry groups and

relevant agency heads, shall make recommendations to coordinate

the actions and programs of the Federal Government affecting

exports of renewable energy and energy efficiency products and

services. The interagency working group shall establish a program

to inform foreign countries of the benefits of policies that

would increase energy efficiency or would allow facilities that

use renewable energy to compete effectively with producers of

energy from nonrenewable sources.

(B) There shall be established an Interagency Working Subgroup

on Renewable Energy and an Interagency Working Subgroup on Energy

Efficiency that shall, in consultation with representative

industry groups, nonprofit organizations, and relevant Federal

agencies, make recommendations to coordinate the actions and

programs of the Federal Government to promote the export of

domestic renewable energy and energy efficiency products and

services, respectively.

(C) The Secretary of Energy, or the Secretary's designee, shall

chair the interagency working group and each subgroup established

under this paragraph. The Administrator of the Agency for

International Development and the Secretary of Commerce, or their

designees, shall be members of both subgroups established under

this paragraph. The Secretary shall provide staff for carrying

out the functions of the interagency working group and each

subgroup established under this paragraph. The heads of

appropriate agencies may detail such personnel and may furnish

such services to such group and subgroups, with or without

reimbursement, as may be necessary to carry out their functions.

(2) Duties of the interagency working subgroups

(A) The interagency working subgroups established under

paragraph (1)(B), through the member agencies of the interagency

working group, shall promote the development and application in

foreign countries of renewable energy and energy efficiency

products and services, respectively, that -

(i) reduce dependence on unreliable sources of energy by

encouraging the use of sustainable biomass, wind, small-scale

hydroelectric, solar, geothermal, and other renewable energy

and energy efficiency products and services; and

(ii) use hybrid fossil-renewable energy systems.

(B) In addition, the interagency working subgroups shall

explore mechanisms for assisting domestic firms, particularly

small businesses, with the export of their renewable energy and

energy efficiency products and services and with the

identification of potential projects.

(3) Training and assistance

The interagency working subgroups shall encourage the member

agencies of the interagency working group to -

(A) provide technical training and education for

international development personnel and local users in their

own country;

(B) provide financial and technical assistance to nonprofit

institutions that support the marketing and export efforts of

domestic companies that provide renewable energy and energy

efficiency products and services;

(C) develop environmentally sustainable renewable energy and

energy efficiency projects in foreign countries;

(D) provide technical assistance and training materials to

loan officers of the World Bank, international lending

institutions, commercial and energy attaches at embassies of

the United States and other appropriate personnel in order to

provide information about renewable energy and energy

efficiency products and services to foreign governments or

other potential project sponsors;

(E) support, through financial incentives, private sector

efforts to commercialize and export renewable energy and energy

efficiency products and services; and

(F) augment budgets for trade and development programs in

order to support pre-feasibility or feasibility studies for

projects that utilize renewable energy and energy efficiency

products and services.

(4) Study of export promotion practices

The interagency working group shall conduct a study of

subsidies, incentives, and policies that foreign countries use to

promote exports of their own renewable energy and energy

efficiency technologies and products. Such study shall also

identify foreign trade barriers to the import of renewable energy

and energy efficiency technologies and products produced in the

United States. The interagency working group shall report to the

appropriate committees of the House of Representatives and the

Senate the results of such study within 18 months after October

24, 1992.

(e) Omitted

(f) Functions of interagency working group; plan to increase United

States exports of renewable energy and energy efficiency

technologies

(1) The interagency working group shall -

(A) establish, in consultation with representatives of affected

industries, a plan to increase United States exports of renewable

energy and energy efficiency technologies, and include in such

plan recommended guidelines for agencies that are represented on

the working group with respect to the financing of, or other

actions they can take within their programs to promote, exports

of such renewable energy and energy efficiency technologies;

(B) develop, in consultation with representatives of affected

industries, recommended administrative guidelines for Federal

export loan programs to simplify application by firms seeking

export assistance for renewable energy and energy efficiency

technologies from agencies implementing such programs; and

(C) recommend specific renewable energy and energy efficiency

technology markets for primary emphasis by Federal export loan

programs, development programs, and private sector assistance

programs.

(2) The interagency working group shall include a description of

the plan established under paragraph (1)(A) in no later than the

second report submitted under subsection (e) (!1) of this section,

and shall include in subsequent reports a description of any

modifications to such plan and of the progress in implementing the

plan.

(g) Repealed. Pub. L. 102-486, title XII, Sec. 1207(c), Oct. 24,

1992, 106 Stat. 2963

(h) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

purposes of carrying out the programs under subsections (d) and (e)

(!1) of this section $10,000,000, to be divided equitably between

the interagency working subgroups based on program requirements,

for each of the fiscal years 1993 and 1994, and such sums as may be

necessary for fiscal year 1995 to carry out the purposes of this

subtitle.(!1) There are authorized to be appropriated for fiscal

year 1997 such sums as may be necessary to carry out this part.

There are authorized to be appropriated for fiscal years 2000

through 2003, such sums as may be necessary.

-SOURCE-

(Pub. L. 94-163, title II, Sec. 256, as added Pub. L. 98-370, Sec.

2, July 18, 1984, 98 Stat. 1211; amended Pub. L. 101-218, Sec. 7,

Dec. 11, 1989, 103 Stat. 1867; Pub. L. 102-486, title XII, Secs.

1207, 1208, Oct. 24, 1992, 106 Stat. 2962, 2964; Pub. L. 104-306,

Sec. 1(3), Oct. 14, 1996, 110 Stat. 3810; Pub. L. 106-469, title I,

Sec. 104(2), Nov. 9, 2000, 114 Stat. 2033.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (e) of this section, referred to in subsecs. (f)(2)

and (h), was omitted from the Code.

This subtitle, referred to in subsec. (h), is unidentifiable in

the original because neither title XII of Pub. L. 102-486 which

added subsec. (h) of this section, nor title II of Pub. L. 94-163,

which enacted this section, contains subtitles.

-COD-

CODIFICATION

Subsec. (e) of this section, which required the interagency

working group established under subsec. (d) of this section to

annually report to Congress, describing the actions of each agency

represented by a member of the working group taken during the

previous fiscal year to achieve the purposes of such working group

and of this section and describing the exports of renewable energy

technology that have occurred as a result of such agency actions,

terminated, effective May 15, 2000, pursuant to section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance. See, also, the 6th item on page 175 of

House Document No. 103-7.

-MISC1-

AMENDMENTS

2000 - Subsec. (h). Pub. L. 106-469 inserted at end "There are

authorized to be appropriated for fiscal years 2000 through 2003,

such sums as may be necessary."

1996 - Subsec. (h). Pub. L. 104-306 inserted at end "There are

authorized to be appropriated for fiscal year 1997 such sums as may

be necessary to carry out this part."

1992 - Subsec. (d). Pub. L. 102-486, Sec. 1207(a), amended

subsec. (d) generally. Prior to amendment, subsec. (d) read as

follows:

"(1) There shall be established an interagency working group

which, in consultation with the representative industry groups and

relevant agency heads, shall make recommendations to coordinate the

actions and programs of the Federal Government affecting commerce

in renewable energy products and related services. The Secretary of

Energy shall be the chairman of such group. The heads of

appropriate agencies may detail such personnel and may furnish such

services to such working group, with or without reimbursement, as

may be necessary to carry out its functions.

"(2) The interagency group shall establish a program to inform

other countries of the benefits of policies that would allow small

facilities which produce renewable energy to compete effectively

with producers of energy from nonrenewable sources."

Subsec. (d)(4). Pub. L. 102-486, Sec. 1208, added par. (4).

Subsec. (f)(1). Pub. L. 102-486, Sec. 1207(b), inserted "and

energy efficiency" after "renewable energy" wherever appearing.

Subsec. (g). Pub. L. 102-486, Sec. 1207(c), struck out subsec.

(g) which read as follows: "For purposes of this section, the term

'renewable energy' includes energy efficiency to the extent it is a

part of a renewable energy system or technology."

Subsec. (h). Pub. L. 102-486, Sec. 1207(d), amended subsec. (h)

generally. Prior to amendment, subsec. (h) read as follows: "There

are authorized to be appropriated to the Secretary for activities

of the interagency working group established under subsection (d)

of this section not to exceed -

"(1) $3,000,000 for fiscal year 1991;

"(2) $3,300,000 for fiscal year 1992; and

"(3) $3,600,000 for fiscal year 1993."

1989 - Subsec. (c)(2)(D)(i). Pub. L. 101-218, Sec. 7(a)(1),

inserted "and to potential end users, including other industry

sectors in foreign countries such as health care, rural

development, communications, and refrigeration, and others," after

"commerce,".

Subsec. (c)(2)(D)(ii). Pub. L. 101-218, Sec. 7(a)(2), substituted

"export and export financing opportunities" for "export

opportunities".

Subsec. (d). Pub. L. 101-218, Sec. 7(b), designated existing

provisions as par. (1) and added par. (2).

Subsecs. (e) to (h). Pub. L. 101-218, Sec. 7(c), added subsecs.

(e) to (h).

EFFECTIVE DATE

Section 3 of Pub. L. 98-370 provided that: "The amendments made

by this Act [enacting this section and a provision set out as a

note under section 6201 of this title] shall take effect on the

date of the enactment of this Act [July 18, 1984]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13315, 13316, 13387 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Part C - Energy Emergency Preparedness [Repealed] 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part C - Energy Emergency Preparedness [Repealed]

-HEAD-

PART C - ENERGY EMERGENCY PREPAREDNESS [REPEALED]

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-496, title I, Sec. 104(3), Nov. 9, 2000, 114

Stat. 2033, struck out heading for part C.

-End-

-CITE-

42 USC Secs. 6281, 6282 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part C - Energy Emergency Preparedness [Repealed]

-HEAD-

Secs. 6281, 6282. Repealed. Pub. L. 106-469, title I, Sec. 104(3),

Nov. 9, 2000, 114 Stat. 2033

-MISC1-

Section 6281, Pub. L. 94-163, title II, Sec. 271, as added Pub.

L. 97-229, Sec. 3(a), Aug. 3, 1982, 96 Stat. 248, related to

congressional findings, policy, and purpose.

Section 6282, Pub. L. 94-163, title II, Sec. 272, as added Pub.

L. 97-229, Sec. 3(a), Aug. 3, 1982, 96 Stat. 249, related to

preparation for petroleum supply interruptions.

-End-

-CITE-

42 USC Sec. 6283 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part C - Energy Emergency Preparedness [Repealed]

-HEAD-

Sec. 6283. Summer fill and fuel budgeting programs

-STATUTE-

(a) Definitions

In this section:

(1) Budget contract

The term "budget contract" means a contract between a retailer

and a consumer under which the heating expenses of the consumer

are spread evenly over a period of months.

(2) Fixed-price contract

The term "fixed-price contract" means a contract between a

retailer and a consumer under which the retailer charges the

consumer a set price for propane, kerosene, or heating oil

without regard to market price fluctuations.

(3) Price cap contract

The term "price cap contract" means a contract between a

retailer and a consumer under which the retailer charges the

consumer the market price for propane, kerosene, or heating oil,

but the cost of the propane, kerosene, or heating oil may exceed

a maximum amount stated in the contract.

(b) Assistance

At the request of the chief executive officer of a State, the

Secretary shall provide information, technical assistance, and

funding -

(1) to develop education and outreach programs to encourage

consumers to fill their storage facilities for propane, kerosene,

and heating oil during the summer months; and

(2) to promote the use of budget contracts, price cap

contracts, fixed-price contracts, and other advantageous

financial arrangements,

to avoid severe seasonal price increases for and supply shortages

of those products.

(c) Preference

In implementing this section, the Secretary shall give preference

to States that contribute public funds or leverage private funds to

develop State summer fill and fuel budgeting programs.

(d) Authorization of appropriations

There are authorized to be appropriated to carry out this section

-

(1) $25,000,000 for fiscal year 2001; and

(2) such sums as are necessary for each fiscal year thereafter.

(e) Inapplicability of expiration provision

Section 6285 of this title does not apply to this section.

-SOURCE-

(Pub. L. 94-163, title II, Sec. 273, as added Pub. L. 106-469,

title VI, Sec. 602(a), Nov. 9, 2000, 114 Stat. 2040.)

-COD-

CODIFICATION

Pub. L. 106-469, title VI, Sec. 602(a), Nov. 9, 2000, 114 Stat.

2040, which directed amendment of part C of title II of the Energy

Policy and Conservation Act by adding this section at the end, was

executed by adding this section at the end of part B of title II of

the Act, to reflect the probable intent of Congress and the repeal

of part C by Pub. L. 106-469, title I, Sec. 104(3), Nov. 9, 2000,

114 Stat. 2033.

-End-

-CITE-

42 USC Part D - Expiration 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part D - Expiration

-HEAD-

PART D - EXPIRATION

-End-

-CITE-

42 USC Sec. 6285 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

Part D - Expiration

-HEAD-

Sec. 6285. Expiration

-STATUTE-

Except as otherwise provided in this subchapter, all authority

under any provision of this subchapter and any rule, regulation, or

order issued pursuant to such authority, shall expire at midnight,

September 30, 2003, but such expiration shall not affect any action

or pending proceedings, civil or criminal, not finally determined

on such date, nor any action or proceeding based upon any act

committed prior to midnight, September 30, 2003.

-SOURCE-

(Pub. L. 94-163, title II, Sec. 281, as added Pub. L. 99-58, title

I, Sec. 104(a), July 2, 1985, 99 Stat. 104; amended Pub. L.

100-373, Sec. 1, July 19, 1988, 102 Stat. 878; Pub. L. 101-262,

Sec. 2(c), Mar. 31, 1990, 104 Stat. 124; Pub. L. 101-360, Sec.

2(c), Aug. 10, 1990, 104 Stat. 421; Pub. L. 101-383, Sec. 2(3),

Sept. 15, 1990, 104 Stat. 727; Pub. L. 103-406, title I, Sec. 103,

Oct. 22, 1994, 108 Stat. 4209; Pub. L. 104-306, Sec. 1(4), Oct. 14,

1996, 110 Stat. 3810; Pub. L. 105-177, Sec. 1(5), June 1, 1998, 112

Stat. 106; Pub. L. 106-64, Sec. 1(3), Oct. 5, 1999, 113 Stat. 511;

Pub. L. 106-469, title I, Sec. 104(4), Nov. 9, 2000, 114 Stat.

2033.)

-COD-

CODIFICATION

Words "(other than a provision of such title amending another

law)" appearing in the original in this section, have been omitted

as unnecessary. Such title meant title II of Pub. L. 94-163 which

is classified in its entirety to this subchapter.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-469 substituted "September 30, 2003" for

"March 31, 2000" in two places.

1999 - Pub. L. 106-64 substituted "March 31, 2000" for "September

30, 1999" in two places.

1998 - Pub. L. 105-177 substituted "1999" for "1997" in two

places.

1996 - Pub. L. 104-306 substituted "September 30, 1997" for "June

30, 1996" in two places.

1994 - Pub. L. 103-406 substituted "June 30, 1996" for "September

30, 1994" in two places.

1990 - Pub. L. 101-383 substituted "September 30, 1994" for

"September 15, 1990" in two places.

Pub. L. 101-360 substituted "September 15, 1990" for "August 15,

1990" in two places.

Pub. L. 101-262 substituted "August 15, 1990" for "June 30, 1990"

in two places.

1988 - Pub. L. 100-373 substituted "1990" for "1988" in two

places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6283 of this title.

-End-

-CITE-

42 USC SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

-HEAD-

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

-End-

-CITE-

42 USC Part A - Energy Conservation Program for Consumer

Products Other Than Automobiles 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A - Energy Conservation Program for Consumer Products Other

Than Automobiles

-HEAD-

PART A - ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER

THAN AUTOMOBILES

-COD-

CODIFICATION

This part was, in the original, designated part B and has been

redesignated as part A for purposes of codification.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 6316 of this title.

-End-

-CITE-

42 USC Sec. 6291 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A - Energy Conservation Program for Consumer Products Other

Than Automobiles

-HEAD-

Sec. 6291. Definitions

-STATUTE-

For purposes of this part:

(1) The term "consumer product" means any article (other than

an automobile, as defined in section 32901(a)(3) of title 49) of

a type -

(A) which in operation consumes, or is designed to consume,

energy or, with respect to showerheads, faucets, water closets,

and urinals, water; and

(B) which, to any significant extent, is distributed in

commerce for personal use or consumption by individuals;

without regard to whether such article of such type is in fact

distributed in commerce for personal use or consumption by an

individual, except that such term includes fluorescent lamp

ballasts, general service fluorescent lamps, incandescent

reflector lamps, showerheads, faucets, water closets, and urinals

distributed in commerce for personal or commercial use or

consumption.

(2) The term "covered product" means a consumer product of a

type specified in section 6292 of this title.

(3) The term "energy" means electricity, or fossil fuels. The

Secretary may, by rule, include other fuels within the meaning of

the term "energy" if he determines that such inclusion is

necessary or appropriate to carry out the purposes of this

chapter.

(4) The term "energy use" means the quantity of energy directly

consumed by a consumer product at point of use, determined in

accordance with test procedures under section 6293 of this title.

(5) The term "energy efficiency" means the ratio of the useful

output of services from a consumer product to the energy use of

such product, determined in accordance with test procedures under

section 6293 of this title.

(6) The term "energy conservation standard" means -

(A) a performance standard which prescribes a minimum level

of energy efficiency or a maximum quantity of energy use, or,

in the case of showerheads, faucets, water closets, and

urinals, water use, for a covered product, determined in

accordance with test procedures prescribed under section 6293

of this title; or

(B) a design requirement for the products specified in

paragraphs (6), (7), (8), (10), (15), (16), (17), and (19) of

section 6292(a) of this title; and

includes any other requirements which the Secretary may prescribe

under section 6295(r) of this title.

(7) The term "estimated annual operating cost" means the

aggregate retail cost of the energy which is likely to be

consumed annually, and in the case of showerheads, faucets, water

closets, and urinals, the aggregate retail cost of water and

wastewater treatment services likely to be incurred annually, in

representative use of a consumer product, determined in

accordance with section 6293 of this title.

(8) The term "measure of energy consumption" means energy use,

energy efficiency, estimated annual operating cost, or other

measure of energy consumption.

(9) The term "class of covered products" means a group of

covered products, the functions or intended uses of which are

similar (as determined by the Secretary).

(10) The term "manufacture" means to manufacture, produce,

assemble or import.

(11) The terms "import" and "importation" mean to import into

the customs territory of the United States.

(12) The term "manufacturer" means any person who manufactures

a consumer product.

(13) The term "retailer" means a person to whom a consumer

product is delivered or sold, if such delivery or sale is for

purposes of sale or distribution in commerce to purchasers who

buy such product for purposes other than resale.

(14) The term "distributor" means a person (other than a

manufacturer or retailer) to whom a consumer product is delivered

or sold for purposes of distribution in commerce.

(15)(A) The term "private labeler" means an owner of a brand or

trademark on the label of a consumer product which bears a

private label.

(B) A consumer product bears a private label if (i) such

product (or its container) is labeled with the brand or trademark

of a person other than a manufacturer of such product, (ii) the

person with whose brand or trademark such product (or container)

is labeled has authorized or caused such product to be so

labeled, and (iii) the brand or trademark of a manufacturer of

such product does not appear on such label.

(16) The terms "to distribute in commerce" and "distribution in

commerce" mean to sell in commerce, to import, to introduce or

deliver for introduction into commerce, or to hold for sale or

distribution after introduction into commerce.

(17) The term "commerce" means trade, traffic, commerce, or

transportation -

(A) between a place in a State and any place outside thereof,

or

(B) which affects trade, traffic, commerce, or transportation

described in subparagraph (A).

(18) The term "Commission" means the Federal Trade Commission.

(19) The term "AV" is the adjusted volume for refrigerators,

refrigerator-freezers, and freezers, as defined in the applicable

test procedure prescribed under section 6293 of this title.

(20) The term "annual fuel utilization efficiency" means the

efficiency descriptor for furnaces and boilers, determined using

test procedures prescribed under section 6293 of this title and

based on the assumption that all -

(A) weatherized warm air furnaces or boilers are located

out-of-doors;

(B) warm air furnaces which are not weatherized are located

indoors and all combustion and ventilation air is admitted

through grills or ducts from the outdoors and does not

communicate with air in the conditioned space; and

(C) boilers which are not weatherized are located within the

heated space.

(21) The term "central air conditioner" means a product, other

than a packaged terminal air conditioner, which -

(A) is powered by single phase electric current;

(B) is air-cooled;

(C) is rated below 65,000 Btu per hour;

(D) is not contained within the same cabinet as a furnace the

rated capacity of which is above 225,000 Btu per hour; and

(E) is a heat pump or a cooling only unit.

(22) The term "efficiency descriptor" means the ratio of the

useful output to the total energy input, determined using the

test procedures prescribed under section 6293 of this title and

expressed for the following products in the following terms:

(A) For furnaces and direct heating equipment, annual fuel

utilization efficiency.

(B) For room air conditioners, energy efficiency ratio.

(C) For central air conditioning and central air conditioning

heat pumps, seasonal energy efficiency ratio.

(D) For water heaters, energy factor.

(E) For pool heaters, thermal efficiency.

(23) The term "furnace" means a product which utilizes only

single-phase electric current, or single-phase electric current

or DC current in conjunction with natural gas, propane, or home

heating oil, and which -

(A) is designed to be the principal heating source for the

living space of a residence;

(B) is not contained within the same cabinet with a central

air conditioner whose rated cooling capacity is above 65,000

Btu per hour;

(C) is an electric central furnace, electric boiler,

forced-air central furnace, gravity central furnace, or low

pressure steam or hot water boiler; and

(D) has a heat input rate of less than 300,000 Btu per hour

for electric boilers and low pressure steam or hot water

boilers and less than 225,000 Btu per hour for forced-air

central furnaces, gravity central furnaces, and electric

central furnaces.

(24) The terms "heat pump" or "reverse cycle" mean a product,

other than a packaged terminal heat pump, which -

(A) consists of one or more assemblies;

(B) is powered by single phase electric current;

(C) is rated below 65,000 Btu per hour;

(D) utilizes an indoor conditioning coil, compressors, and

refrigerant-to-outdoor-air heat exchanger to provide air

heating; and

(E) may also provide air cooling, dehumidifying, humidifying

circulating, and air cleaning.

(25) The term "pool heater" means an appliance designed for

heating nonpotable water contained at atmospheric pressure,

including heating water in swimming pools, spas, hot tubs and

similar applications.

(26) The term "thermal efficiency of pool heaters" means a

measure of the heat in the water delivered at the heater outlet

divided by the heat input of the pool heater as measured under

test conditions specified in section 2.8.1 of the American

National Standard for Gas Fired Pool Heaters, Z21.56-1986, or as

may be prescribed by the Secretary.

(27) The term "water heater" means a product which utilizes

oil, gas, or electricity to heat potable water for use outside

the heater upon demand, including -

(A) storage type units which heat and store water at a

thermostatically controlled temperature, including gas storage

water heaters with an input of 75,000 Btu per hour or less, oil

storage water heaters with an input of 105,000 Btu per hour or

less, and electric storage water heaters with an input of 12

kilowatts or less;

(B) instantaneous type units which heat water but contain no

more than one gallon of water per 4,000 Btu per hour of input,

including gas instantaneous water heaters with an input of

200,000 Btu per hour or less, oil instantaneous water heaters

with an input of 210,000 Btu per hour or less, and electric

instantaneous water heaters with an input of 12 kilowatts or

less; and

(C) heat pump type units, with a maximum current rating of 24

amperes at a voltage no greater than 250 volts, which are

products designed to transfer thermal energy from one

temperature level to a higher temperature level for the purpose

of heating water, including all ancillary equipment such as

fans, storage tanks, pumps, or controls necessary for the

device to perform its function.

(28) The term "weatherized warm air furnace or boiler" means a

furnace or boiler designed for installation outdoors, approved

for resistance to wind, rain, and snow, and supplied with its own

venting system.

(29)(A) The term "fluorescent lamp ballast" means a device

which is used to start and operate fluorescent lamps by providing

a starting voltage and current and limiting the current during

normal operation.

(B) The term "ANSI standard" means a standard developed by a

committee accredited by the American National Standards

Institute.

(C) The term "ballast efficacy factor" means the relative light

output divided by the power input of a fluorescent lamp ballast,

as measured under test conditions specified in ANSI standard

C82.2-1984, or as may be prescribed by the Secretary.

(D)(i) The term "F40T12 lamp" means a nominal 40 watt tubular

fluorescent lamp which is 48 inches in length and one-and-a-half

inches in diameter, and conforms to ANSI standard

C78.1-1978(R1984).

(ii) The term "F96T12 lamp" means a nominal 75 watt tubular

fluorescent lamp which is 96 inches in length and one-and-a-half

inches in diameter, and conforms to ANSI standard

C78.3-1978(R1984).

(iii) The term "F96T12HO lamp" means a nominal 110 watt tubular

fluorescent lamp which is 96 inches in length and one-and-a-half

inches in diameter, and conforms to ANSI standard

C78.1-1978(R1984).

(E) The term "input current" means the root-mean-square (RMS)

current in amperes delivered to a fluorescent lamp ballast.

(F) The term "luminaire" means a complete lighting unit

consisting of a fluorescent lamp or lamps, together with parts

designed to distribute the light, to position and protect such

lamps, and to connect such lamps to the power supply through the

ballast.

(G) The term "ballast input voltage" means the rated input

voltage of a fluorescent lamp ballast.

(H) The term "nominal lamp watts" means the wattage at which a

fluorescent lamp is designed to operate.

(I) The term "power factor" means the power input divided by

the product of ballast input voltage and input current of a

fluorescent lamp ballast, as measured under test conditions

specified in ANSI standard C82.2-1984, or as may be prescribed by

the Secretary.

(J) The term "power input" means the power consumption in watts

of a ballast and fluorescent lamp or lamps, as determined in

accordance with the test procedures specified in ANSI standard

C82.2-1984, or as may be prescribed by the Secretary.

(K) The term "relative light output" means the light output

delivered through the use of a ballast divided by the light

output delivered through the use of a reference ballast,

expressed as a percent, as determined in accordance with the test

procedures specified in ANSI standard C82.2-1984, or as may be

prescribed by the Secretary.

(L) The term "residential building" means a structure or

portion of a structure which provides facilities or shelter for

human residency, except that such term does not include any

multifamily residential structure of more than three stories

above grade.

(30)(A) Except as provided in subparagraph (E), the term

"fluorescent lamp" means a low pressure mercury

electric-discharge source in which a fluorescing coating

transforms some of the ultraviolet energy generated by the

mercury discharge into light, including only the following:

(i) Any straight-shaped lamp (commonly referred to as 4-foot

medium bi-pin lamps) with medium bi-pin bases of nominal

overall length of 48 inches and rated wattage of 28 or more.

(ii) Any U-shaped lamp (commonly referred to as 2-foot

U-shaped lamps) with medium bi-pin bases of nominal overall

length between 22 and 25 inches and rated wattage of 28 or

more.

(iii) Any rapid start lamp (commonly referred to as 8-foot

high output lamps) with recessed double contact bases of

nominal overall length of 96 inches and 0.800 nominal amperes,

as defined in ANSI C78.1-1978 and related supplements.

(iv) Any instant start lamp (commonly referred to as 8-foot

slimline lamps) with single pin bases of nominal overall length

of 96 inches and rated wattage of 52 or more, as defined in

ANSI C78.3-1978 (R1984) and related supplement ANSI

C78.3a-1985.

(B) The term "general service fluorescent lamp" means

fluorescent lamps which can be used to satisfy the majority of

fluorescent applications, but does not include any lamp designed

and marketed for the following nongeneral lighting applications:

(i) Fluorescent lamps designed to promote plant growth.

(ii) Fluorescent lamps specifically designed for cold

temperature installations.

(iii) Colored fluorescent lamps.

(iv) Impact-resistant fluorescent lamps.

(v) Reflectorized or aperture lamps.

(vi) Fluorescent lamps designed for use in reprographic

equipment.

(vii) Lamps primarily designed to produce radiation in the

ultra-violet region of the spectrum.

(viii) Lamps with a color rendering index of 82 or greater.

(C) Except as provided in subparagraph (E), the term

"incandescent lamp" means a lamp in which light is produced by a

filament heated to incandescence by an electric current,

including only the following:

(i) Any lamp (commonly referred to as lower wattage

nonreflector general service lamps, including any

tungsten-halogen lamp) that has a rated wattage between 30 and

199 watts, has an E26 medium screw base, has a rated voltage or

voltage range that lies at least partially within 115 and 130

volts, and is not a reflector lamp.

(ii) Any lamp (commonly referred to as a reflector lamp)

which is not colored or designed for rough or vibration service

applications, that contains an inner reflective coating on the

outer bulb to direct the light, an R, PAR, or similar bulb

shapes (excluding ER or BR) with E26 medium screw bases, a

rated voltage or voltage range that lies at least partially

within 115 and 130 volts, a diameter which exceeds 2.75 inches,

and is either -

(I) a low(er) wattage reflector lamp which has a rated

wattage between 40 and 205 watts; or

(II) a high(er) wattage reflector lamp which has a rated

wattage above 205 watts.

(iii) Any general service incandescent lamp (commonly

referred to as a high- or higher-wattage lamp) that has a rated

wattage above 199 watts (above 205 watts for a high wattage

reflector lamp).

(D) The term "general service incandescent lamp" means any

incandescent lamp (other than a miniature or photographic lamp)

that has an E26 medium screw base, a rated voltage range at least

partially within 115 and 130 volts, and which can be used to

satisfy the majority of lighting applications, but does not

include any lamps specifically designed for -

(i) traffic signal, or street lighting service;

(ii) airway, airport, aircraft, or other aviation service;

(iii) marine or marine signal service;

(iv) photo, projection, sound reproduction, or film viewer

service;

(v) stage, studio, or television service;

(vi) mill, saw mill, or other industrial process service;

(vii) mine service;

(viii) headlight, locomotive, street railway, or other

transportation service;

(ix) heating service;

(x) code beacon, marine signal, lighthouse, reprographic, or

other communication service;

(xi) medical or dental service;

(xii) microscope, map, microfilm, or other specialized

equipment service;

(xiii) swimming pool or other underwater service;

(xiv) decorative or showcase service;

(xv) producing colored light;

(xvi) shatter resistance which has an external protective

coating; or

(xvii) appliance service.

(E) The terms "fluorescent lamp" and "incandescent lamp" do not

include any lamp excluded by the Secretary, by rule, as a result

of a determination that standards for such lamp would not result

in significant energy savings because such lamp is designed for

special applications or has special characteristics not available

in reasonably substitutable lamp types.

(F) The term "incandescent reflector lamp" means a lamp

described in subparagraph (C)(ii).

(G) The term "average lamp efficacy" means the lamp efficacy

readings taken over a statistically significant period of

manufacture with the readings averaged over that period.

(H) The term "base" means the portion of the lamp which

connects with the socket as described in ANSI C81.61-1990.

(I) The term "bulb shape" means the shape of lamp, especially

the glass bulb with designations for bulb shapes found in ANSI

C79.1-1980 (R1984).

(J) The term "color rendering index" or "CRI" means the measure

of the degree of color shift objects undergo when illuminated by

a light source as compared with the color of those same objects

when illuminated by a reference source of comparable color

temperature.

(K) The term "correlated color temperature" means the absolute

temperature of a blackbody whose chromaticity most nearly

resembles that of the light source.

(L) The term "IES" means the Illuminating Engineering Society

of North America.

(M) The term "lamp efficacy" means the lumen output of a lamp

divided by its wattage, expressed in lumens per watt (LPW).

(N) The term "lamp type" means all lamps designated as having

the same electrical and lighting characteristics and made by one

manufacturer.

(O) The term "lamp wattage" means the total electrical power

consumed by a lamp in watts, after the initial seasoning period

referenced in the appropriate IES standard test procedure and

including, for fluorescent, arc watts plus cathode watts.

(P) The terms "life" and "lifetime" mean length of operating

time of a statistically large group of lamps between first use

and failure of 50 percent of the group in accordance with test

procedures described in the IES Lighting Handbook-Reference

Volume.

(Q) The term "lumen output" means total luminous flux (power)

of a lamp in lumens, as measured in accordance with applicable

IES standards as determined by the Secretary.

(R) The term "tungsten-halogen lamp" means a gas-filled

tungsten filament incandescent lamp containing a certain

proportion of halogens in an inert gas.

(S) The term "medium base compact fluorescent lamp" means an

integrally ballasted fluorescent lamp with a medium screw base

and a rated input voltage of 115 to 130 volts and which is

designed as a direct replacement for a general service

incandescent lamp.

(31)(A) The term "water use" means the quantity of water

flowing through a showerhead, faucet, water closet, or urinal at

point of use, determined in accordance with test procedures under

section 6293 of this title.

(B) The term "ASME" means the American Society of Mechanical

Engineers.

(C) The term "ANSI" means the American National Standards

Institute.

(D) The term "showerhead" means any showerhead (including a

handheld showerhead), except a safety shower showerhead.

(E) The term "faucet" means a lavatory faucet, kitchen faucet,

metering faucet, or replacement aerator for a lavatory or kitchen

faucet.

(F) The term "water closet" has the meaning given such term in

ASME A112.19.2M-1990, except such term does not include fixtures

designed for installation in prisons.

(G) The term "urinal" has the meaning given such term in ASME

A112.19.2M-1990, except such term does not include fixtures

designed for installation in prisons.

(H) The terms "blowout", "flushometer tank", "low consumption",

and "flushometer valve" have the meaning given such terms in ASME

A112.19.2M-1990.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 321, Dec. 22, 1975, 89 Stat. 917;

Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.

3288; Pub. L. 100-12, Sec. 2, Mar. 17, 1987, 101 Stat. 103; Pub. L.

100-357, Sec. 2(a), June 28, 1988, 102 Stat. 671; Pub. L. 102-486,

title I, Sec. 123(b), Oct. 24, 1992, 106 Stat. 2817; Pub. L.

105-388, Sec. 5(a)(2), Nov. 13, 1998, 112 Stat. 3478.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(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.

-MISC1-

AMENDMENTS

1998 - Par. (1). Pub. L. 105-388 substituted "section 32901(a)(3)

of title 49" for "section 501(1) of the Motor Vehicle Information

and Cost Savings Act" and struck out second period at end.

1992 - Pub. L. 102-486, Sec. 123(b)(1), in introductory

provisions, struck out "(a)" before "For purposes".

Par. (1). Pub. L. 102-486, Sec. 123(b)(2)(B), which directed

amendment of par. (1)(B) by substituting "ballasts, general service

fluorescent lamps, incandescent reflector lamps, showerheads,

faucets, water closets, and urinals" for "ballasts", was executed

by making amendment in closing provisions of par. (1), to reflect

the probable intent of Congress.

Par. (1)(A). Pub. L. 102-486, Sec. 123(b)(2)(A), inserted "or,

with respect to showerheads, faucets, water closets, and urinals,

water" after "energy".

Par. (6). Pub. L. 102-486, Sec. 123(b)(3)(B)(ii), which directed

amendment of par. (6)(B) by substituting "6295(r)" for "6295(o)",

was executed by making amendment in closing provisions of par. (6),

to reflect the probable intent of Congress.

Par. (6)(A). Pub. L. 102-486, Sec. 123(b)(3)(A), inserted ", or,

in the case of showerheads, faucets, water closets, and urinals,

water use," after "energy use".

Par. (6)(B). Pub. L. 102-486, Sec. 123(b)(3)(B)(i), substituted

"(15), (16), (17), and (19)" for "and (14)".

Par. (7). Pub. L. 102-486, Sec. 123(b)(4), inserted ", and in the

case of showerheads, faucets, water closets, and urinals, the

aggregate retail cost of water and wastewater treatment services

likely to be incurred annually," after "to be consumed annually".

Pars. (30), (31). Pub. L. 102-486, Sec. 123(b)(5), added pars.

(30) and (31).

1988 - Subsec. (a)(1). Pub. L. 100-357, Sec. 2(a)(2), inserted

before period at end ", except that such term includes fluorescent

lamp ballasts distributed in commerce for personal or commercial

use or consumption."

Subsec. (a)(6)(B). Pub. L. 100-357, Sec. 2(a)(3), substituted

"(14)" for "(13)".

Subsec. (a)(29). Pub. L. 100-357, Sec. 2(a)(1), added par. (29).

1987 - Subsec. (a)(6). Pub. L. 100-12, Sec. 2(a), amended par.

(6) generally. Prior to amendment, par. (6) read as follows: "The

term 'energy efficiency standard' means a performance standard -

"(A) which prescribes a minimum level of energy efficiency for

a covered product, determined in accordance with test procedures

prescribed under section 6293 of this title, and

"(B) which includes any other requirements which the Secretary

may prescribe under section 6295(c) of this title."

Subsec. (a)(19) to (28). Pub. L. 100-12, Sec. 2(b), added pars.

(19) to (28).

1978 - Subsec. (a)(3), (6)(B), (9). Pub. L. 95-619 substituted

"Secretary" for "Administrator", meaning Administrator of the

Federal Energy Administration, wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6311 of this title.

-End-

-CITE-

42 USC Sec. 6292 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A - Energy Conservation Program for Consumer Products Other

Than Automobiles

-HEAD-

Sec. 6292. Coverage

-STATUTE-

(a) In general

The following consumer products, excluding those consumer

products designed solely for use in recreational vehicles and other

mobile equipment, are covered products:

(1) Refrigerators, refrigerator-freezers, and freezers which

can be operated by alternating current electricity, excluding -

(A) any type designed to be used without doors; and

(B) any type which does not include a compressor and

condenser unit as an integral part of the cabinet assembly.

(2) Room air conditioners.

(3) Central air conditioners and central air conditioning heat

pumps.

(4) Water heaters.

(5) Furnaces.

(6) Dishwashers.

(7) Clothes washers.

(8) Clothes dryers.

(9) Direct heating equipment.

(10) Kitchen ranges and ovens.

(11) Pool heaters.

(12) Television sets.

(13) Fluorescent lamp ballasts.

(14) General service fluorescent lamps and incandescent

reflector lamps.

(15) Showerheads, except safety shower showerheads.

(16) Faucets.

(17) Water closets.

(18) Urinals.

(19) Any other type of consumer product which the Secretary

classifies as a covered product under subsection (b) of this

section.

(b) Special classification of consumer product

(1) The Secretary may classify a type of consumer product as a

covered product if he determines that -

(A) classifying products of such type as covered products is

necessary or appropriate to carry out the purposes of this

chapter, and

(B) average annual per-household energy use by products of such

type is likely to exceed 100 kilowatt-hours (or its Btu

equivalent) per year.

(2) For purposes of this subsection:

(A) The term "average annual per-household energy use with

respect to a type of product" means the estimated aggregate

annual energy use (in kilowatt-hours or the Btu equivalent) of

consumer products of such type which are used by households in

the United States, divided by the number of such households which

use products of such type.

(B) The Btu equivalent of one kilowatt-hour is 3,412 British

thermal units.

(C) The term "household" shall be defined under rules of the

Secretary.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 322, Dec. 22, 1975, 89 Stat. 918;

Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.

3288; Pub. L. 100-12, Secs. 3, 11(b)(1), Mar. 17, 1987, 101 Stat.

105, 125; Pub. L. 100-357, Sec. 2(b), June 28, 1988, 102 Stat. 672;

Pub. L. 102-486, title I, Sec. 123(c), Oct. 24, 1992, 106 Stat.

2821; Pub. L. 105-388, Sec. 5(a)(3), Nov. 13, 1998, 112 Stat.

3478.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(1)(A), 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.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(2)(A). Pub. L. 105-388 inserted closing

quotation marks after "type of product".

1992 - Subsec. (a)(14) to (19). Pub. L. 102-486 added pars. (14)

to (18) and redesignated former par. (14) as (19).

1988 - Subsec. (a)(13), (14). Pub. L. 100-357 added par. (13) and

redesignated former par. (13) as (14).

1987 - Subsec. (a). Pub. L. 100-12, Sec. 3, inserted heading and

amended text generally. Prior to amendment, text read as follows:

"A consumer product is a covered product if it is one of the

following types (or is designed to perform a function which is the

principal function of any of the following types):

"(1) Refrigerators and refrigerator-freezers.

"(2) Freezers.

"(3) Dishwashers.

"(4) Clothes dryers.

"(5) Water heaters.

"(6) Room air conditioners.

"(7) Home heating equipment, not including furnaces.

"(8) Television sets.

"(9) Kitchen ranges and ovens.

"(10) Clothes washers.

"(11) Humidifiers and dehumidifiers.

"(12) Central aid conditioners.

"(13) Furnaces.

"(14) Any other type of consumer product which the Secretary

classifies as a covered product under subsection (b) of this

section."

Subsec. (b). Pub. L. 100-12, Sec. 11(b)(1), inserted heading.

1978 - Subsecs. (a)(14), (b)(1), (2)(C). Pub. L. 95-619

substituted "Secretary" for "Administrator", meaning Administrator

of the Federal Energy Administration, wherever appearing.

ENERGY EFFICIENCY LABELING FOR WINDOWS AND WINDOW SYSTEMS

Section 121 of Pub. L. 102-486 provided that:

"(a) In General. - (1) The Secretary shall, after consulting with

the National Fenestration Rating Council, industry representatives,

and other appropriate organizations, provide financial assistance

to support a voluntary national window rating program that will

develop energy ratings and labels for windows and window systems.

"(2) Such rating program shall include -

"(A) specifications for testing procedures and labels that will

enable window buyers to make more informed purchasing decisions

about the energy efficiency of windows and window systems; and

"(B) information (which may be disseminated through catalogs,

trade publications, labels, or other mechanisms) that will allow

window buyers to assess the energy consumption and potential cost

savings of alternative window products.

"(3) Such rating program shall be developed by the National

Fenestration Rating Council according to commonly accepted

procedures for the development of national testing procedures and

labeling programs.

"(b) Monitoring. - The Secretary shall monitor and evaluate the

efforts of the National Fenestration Rating Council and, not later

than one year after the date of the enactment of this Act [Oct. 24,

1992], make a determination as to whether the program developed by

the Council is consistent with the objectives of subsection (a).

"(c) Alternative System. - (1) If the Secretary makes a

determination under subsection (b) that a voluntary national window

rating program consistent with the objectives of subsection (a) has

not been developed, the Secretary shall, after consultation with

the National Institute of Standards and Technology, develop, not

later than two years after such determination, test procedures

under section 323 of the Energy Policy and Conservation Act (42

U.S.C. 6293) for windows and window systems.

"(2) Not later than one year after the Secretary develops test

procedures under paragraph (1), the Federal Trade Commission

(hereafter in this section referred to as the 'Commission') shall

prescribe labeling rules under section 324 of such Act (42 U.S.C.

6294) for those windows and window systems for which the Secretary

has prescribed test procedures under paragraph (1) except that,

with respect to any type of window or window system (or class

thereof), the Secretary may determine that such labeling is not

technologically feasible or economically justified or is not likely

to assist consumers in making purchasing decisions.

"(3) For purposes of sections 323, 324, and 327 of such Act [42

U.S.C. 6293, 6294, 6297], each product for which the Secretary has

established test procedures or labeling rules pursuant to this

subsection shall be considered a new covered product under section

322 of such Act (42 U.S.C. 6292) to the extent necessary to carry

out this subsection.

"(4) For purposes of section 327(a) of such Act, the term 'this

part' includes this subsection to the extent necessary to carry out

this subsection."

ENERGY EFFICIENCY INFORMATION FOR COMMERCIAL OFFICE EQUIPMENT

Section 125 of Pub. L. 102-486 provided that:

"(a) In General. - (1) The Secretary shall, after consulting with

the Computer and Business Equipment Manufacturers Association and

other interested organizations, provide financial and technical

assistance to support a voluntary national testing and information

program for those types of commercial office equipment that are

widely used and for which there is a potential for significant

energy savings as a result of such program.

"(2) Such program shall -

"(A) consistent with the objectives of paragraph (1), determine

the commercial office equipment to be covered under such program;

"(B) include specifications for testing procedures that will

enable purchasers of such commercial office equipment to make

more informed decisions about the energy efficiency and costs of

alternative products; and

"(C) include information, which may be disseminated through

catalogs, trade publications, labels, or other mechanisms, that

will allow consumers to assess the energy consumption and

potential cost savings of alternative products.

"(3) Such program shall be developed by an appropriate

organization (composed of interested parties) according to commonly

accepted procedures for the development of national testing

procedure and labeling programs.

"(b) Monitoring. - The Secretary shall monitor and evaluate the

efforts to develop the program described in subsection (a) and, not

later than three years after the date of the enactment of this Act

[Oct. 24, 1992], shall make a determination as to whether such

program is consistent with the objectives of subsection (a).

"(c) Alternative System. - (1) If the Secretary makes a

determination under subsection (b) that a voluntary national

testing and information program for commercial office equipment

consistent with the objectives of subsection (a) has not been

developed, the Secretary shall, after consultation with the

National Institute of Standards and Technology, develop, not later

than two years after such determination, test procedures under

section 323 of the Energy Policy and Conservation Act (42 U.S.C.

6293) for such commercial office equipment.

"(2) Not later than one year after the Secretary develops test

procedures under paragraph (1), the Federal Trade Commission

(hereafter in this section referred to as the 'Commission') shall

prescribe labeling rules under section 324 of such Act (42 U.S.C.

6294) for commercial office equipment for which the Secretary has

prescribed test procedures under paragraph (1) except that, with

respect to any type of commercial office equipment (or class

thereof), the Secretary may determine that such labeling is not

technologically feasible or economically justified or is not likely

to assist consumers in making purchasing decisions.

"(3) For purposes of sections 323, 324, and 327 of such Act [42

U.S.C. 6293, 6294, 6297], each product for which the Secretary has

established test procedures or labeling rules pursuant to this

subsection shall be considered a new covered product under section

322 of such Act (42 U.S.C. 6292) to the extent necessary to carry

out this subsection.

"(4) For purposes of section 327(a) of such Act, the term 'this

part' includes this subsection to the extent necessary to carry out

this subsection."

ENERGY EFFICIENCY INFORMATION FOR LUMINAIRES

Section 126 of Pub. L. 102-486 provided that:

"(a) In General. - (1) The Secretary shall, after consulting with

the National Electric Manufacturers Association, the American

Lighting Association, and other interested organizations, provide

financial and technical assistance to support a voluntary national

testing and information program for those types of luminaires that

are widely used and for which there is a potential for significant

energy savings as a result of such program.

"(2) Such program shall -

"(A) consistent with the objectives of paragraph (1), determine

the luminaires to be covered under such program;

"(B) include specifications for testing procedures that will

enable purchasers of such luminaires to make more informed

decisions about the energy efficiency and costs of alternative

products; and

"(C) include information, which may be disseminated through

catalogs, trade publications, labels, or other mechanisms, that

will allow consumers to assess the energy consumption and

potential cost savings of alternative products.

"(3) Such program shall be developed by an appropriate

organization (composed of interested parties) according to commonly

accepted procedures for the development of national testing

procedures and labeling programs.

"(b) Monitoring. - The Secretary shall monitor and evaluate the

efforts to develop the program described in subsection (a) and, not

later than three years after the date of the enactment of this Act

[Oct. 24, 1992], shall make a determination as to whether the

program developed is consistent with the objectives of subsection

(a).

"(c) Alternative System. - (1) If the Secretary makes a

determination under subsection (b) that a voluntary national

testing and information program for luminaires consistent with the

objectives of subsection (a) has not been developed, the Secretary

shall, after consultation with the National Institute of Standards

and Technology, develop, not later than two years after such

determination, test procedures under section 323 of the Energy

Policy and Conservation Act (42 U.S.C. 6293) for such luminaires.

"(2) Not later than one year after the Secretary develops test

procedures under paragraph (1), the Federal Trade Commission

(hereafter in this section referred to as the 'Commission') shall

prescribe labeling rules under section 324 of such Act (42 U.S.C.

6294) for those luminaires for which the Secretary has prescribed

test procedures under paragraph (1) except that, with respect to

any type of luminaire (or class thereof), the Secretary may

determine that such labeling is not technologically feasible or

economically justified or is not likely to assist consumers in

making purchasing decisions.

"(3) For purposes of sections 323, 324, and 327 of such Act [42

U.S.C. 6293, 6294, 6297], each product for which the Secretary has

established test procedures or labeling rules pursuant to this

subsection shall be considered a new covered product under section

322 of such Act (42 U.S.C. 6292) to the extent necessary to carry

out this subsection.

"(4) For purposes of section 327(a) of such Act, the term 'this

part' includes this subsection to the extent necessary to carry out

this subsection."

REPORT ON POTENTIAL OF COOPERATIVE ADVANCED APPLIANCE DEVELOPMENT

Section 127 of Pub. L. 102-486 provided that:

"(a) In General. - Not later than 18 months after the date of the

enactment of this Act [Oct. 24, 1992], the Secretary shall, in

consultation with the Administrator of the Environmental Protection

Agency, utilities, and appliance manufacturers, prepare and submit

to the Congress, a report on the potential for the development and

commercialization of appliances which are substantially more

efficient than required by Federal or State law.

"(b) Identification of High-Efficiency Appliances. - The report

submitted under subsection (a) shall identify candidate

high-efficiency appliances which meet the following criteria:

"(1) The potential exists for substantial improvement in the

appliance's energy efficiency, beyond the minimum established in

Federal and State law.

"(2) There is the potential for significant energy savings at

the national or regional level.

"(3) Such appliances are likely to be cost-effective for

consumers.

"(4) Electric, water, or gas utilities are prepared to support

and promote the commercialization of such appliances.

"(5) Manufacturers are unlikely to undertake development and

commercialization of such appliances on their own, or development

and production would be substantially accelerated by support to

manufacturers.

"(c) Recommendations and Proposals. - The report submitted under

subsection (a) shall also -

"(1) describe the general actions the Secretary or the

Administrator of the Environmental Protection Agency could take

to coordinate and assist utilities and appliance manufacturers in

developing and commercializing highly efficient appliances;

"(2) describe specific proposals for Department of Energy or

Environmental Protection Agency assistance to utilities and

appliance manufacturers to promote the development and

commercialization of highly efficient appliances;

"(3) identify methods by which Federal purchase of highly

efficient appliances could assist in the development and

commercialization of such appliances; and

"(4) identify the funding levels needed to develop and

implement a Federal program to assist in the development and

commercialization of highly efficient appliances."

EVALUATION OF UTILITY EARLY REPLACEMENT PROGRAMS FOR APPLIANCES

Section 128 of Pub. L. 102-486 provided that: "Within 18 months

after the date of the enactment of this Act [Oct. 24, 1992], the

Secretary, in consultation with the Administrator of the

Environmental Protection Agency, utilities, and appliance

manufacturers, shall evaluate and report to the Congress on the

energy savings and environmental benefits of programs which are

directed to the early replacement of older, less efficient

appliances presently in use by consumers with existing products

which are more efficient than required by Federal law. For the

purposes of this section, the term 'appliance' means those consumer

products specified in section 322(a) [42 U.S.C. 6292(a)]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6291, 6293, 6294, 6295,

6317 of this title.

-End-

-CITE-

42 USC Sec. 6293 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A - Energy Conservation Program for Consumer Products Other

Than Automobiles

-HEAD-

Sec. 6293. Test procedures

-STATUTE-

(a) General rule

All test procedures and related determinations prescribed or made

by the Secretary with respect to any covered product (or class

thereof) which are in effect on March 17, 1987, shall remain in

effect until the Secretary amends such test procedures and related

determinations under subsection (b) of this section.

(b) Amended and new procedures

(1)(A) The Secretary may amend test procedures with respect to

any covered product if the Secretary determines that amended test

procedures would more accurately or fully comply with the

requirements of paragraph (3).

(B) The Secretary may, in accordance with the requirements of

this subsection, prescribe test procedures for any consumer product

classified as a covered product under section 6292(b) of this

title.

(C) The Secretary shall direct the National Institute of

Standards and Technology to assist in developing new or amended

test procedures.

(2) If the Secretary determines, on his own behalf or in response

to a petition by any interested person, that a test procedure

should be prescribed or amended, the Secretary shall promptly

publish in the Federal Register proposed test procedures and afford

interested persons an opportunity to present oral and written data,

views, and arguments with respect to such procedures. The comment

period shall not be less than 60 days and may be extended for good

cause shown to not more than 270 days. In prescribing or amending a

test procedure, the Secretary shall take into account such

information as the Secretary determines relevant to such procedure,

including technological developments relating to energy use or

energy efficiency of the type (or class) of covered products

involved.

(3) Any test procedures prescribed or amended under this section

shall be reasonably designed to produce test results which measure

energy efficiency, energy use, water use (in the case of

showerheads, faucets, water closets and urinals), or estimated

annual operating cost of a covered product during a representative

average use cycle or period of use, as determined by the Secretary,

and shall not be unduly burdensome to conduct.

(4) If the test procedure is a procedure for determining

estimated annual operating costs, such procedure shall provide that

such costs shall be calculated from measurements of energy use or,

in the case of showerheads, faucets, water closets, or urinals,

water use in a representative average use cycle or period of use,

as determined by the Secretary, and from representative average

unit costs of the energy needed to operate such product during such

cycle, or in the case of showerheads, faucets, water closets, or

urinals, representative average unit costs of water and wastewater

treatment service resulting from the operation of such products

during such cycle. The Secretary shall provide information to

manufacturers with respect to representative average unit costs of

energy, water, and wastewater treatment.

(5) With respect to fluorescent lamp ballasts manufactured on or

after January 1, 1990, and to which standards are applicable under

section 6295 of this title, the Secretary shall prescribe test

procedures that are in accord with ANSI standard C82.2-1984 or

other test procedures determined appropriate by the Secretary.

(6) With respect to fluorescent lamps and incandescent reflector

lamps to which standards are applicable under subsection (i) of

section 6295 of this title, the Secretary shall prescribe test

procedures, to be carried out by accredited test laboratories, that

take into consideration the applicable IES or ANSI standard.

(7)(A) Test procedures for showerheads and faucets to which

standards are applicable under subsection (j) of section 6295 of

this title shall be the test procedures specified in ASME

A112.18.1M-1989 for such products.

(B) If the test procedure requirements of ASME A112.18.1M-1989

are revised at any time and approved by ANSI, the Secretary shall

amend the test procedures established by subparagraph (A) to

conform to such revised ASME/ANSI requirements unless the Secretary

determines, by rule, that to do so would not meet the requirements

of paragraph (3).

(8)(A) Test procedures for water closets and urinals to which

standards are applicable under subsection (k) of section 6295 of

this title shall be the test procedures specified in ASME

A112.19.6-1990 for such products.

(B) If the test procedure requirements of ASME A112.19.6-1990 are

revised at any time and approved by ANSI, the Secretary shall amend

the test procedures established by subparagraph (A) to conform to

such revised ASME/ANSI requirements unless the Secretary

determines, by rule, that to do so would not meet the requirements

of paragraph (3).

(c) Restriction on certain representations

(1) No manufacturer, distributor, retailer, or private labeler

may make any representation -

(A) in writing (including a representation on a label); or

(B) in any broadcast advertisement,

with respect to the energy use or efficiency or, in the case of

showerheads, faucets, water closets, and urinals, water use of a

covered product to which a test procedure is applicable under

subsection (a) of this section or the cost of energy consumed by

such product, unless such product has been tested in accordance

with such test procedure and such representation fairly discloses

the results of such testing.

(2) Effective 180 days after an amended or new test procedure

applicable to a covered product is prescribed or established under

subsection (b) of this section, no manufacturer, distributor,

retailer, or private labeler may make any representation -

(A) in writing (including a representation on a label); or

(B) in any broadcast advertisement,

with respect to energy use or efficiency or, in the case of

showerheads, faucets, water closets, and urinals, water use of such

product or cost of energy consumed by such product, unless such

product has been tested in accordance with such amended or new test

procedures and such representation fairly discloses the results of

such testing.

(3) On the petition of any manufacturer, distributor, retailer,

or private labeler, filed not later than the 60th day before the

expiration of the period involved, the 180-day period referred to

in paragraph (2) may be extended by the Secretary with respect to

the petitioner (but in no event for more than an additional 180

days) if the Secretary determines that the requirements of

paragraph (2) would impose an undue hardship on such petitioner.

(d) Case in which test procedure is not required

(1) The Secretary is not required to publish and prescribe test

procedures for a covered product (or class thereof) if the

Secretary determines, by rule, that test procedures cannot be

developed which meet the requirements of subsection (b)(3) of this

section and publishes such determination in the Federal Register,

together with the reasons therefor.

(2) For purposes of section 6297 of this title, a determination

under paragraph (1) with respect to any covered product or class

shall have the same effect as would a standard prescribed for a

covered product (or class).

(e) Amendment of standard

(1) In the case of any amended test procedure which is prescribed

pursuant to this section, the Secretary shall determine, in the

rulemaking carried out with respect to prescribing such procedure,

to what extent, if any, the proposed test procedure would alter the

measured energy efficiency, measured energy use, or measured water

use of any covered product as determined under the existing test

procedure.

(2) If the Secretary determines that the amended test procedure

will alter the measured efficiency or measured use, the Secretary

shall amend the applicable energy conservation standard during the

rulemaking carried out with respect to such test procedure. In

determining the amended energy conservation standard, the Secretary

shall measure, pursuant to the amended test procedure, the energy

efficiency, energy use, or water use of a representative sample of

covered products that minimally comply with the existing standard.

The average of such energy efficiency, energy use, or water use

levels determined under the amended test procedure shall constitute

the amended energy conservation standard for the applicable covered

products.

(3) Models of covered products in use before the date on which

the amended energy conservation standard becomes effective (or

revisions of such models that come into use after such date and

have the same energy efficiency, energy use, or water use

characteristics) that comply with the energy conservation standard

applicable to such covered products on the day before such date

shall be deemed to comply with the amended energy conservation

standard.

(4) The Secretary's authority to amend energy conservation

standards under this subsection shall not affect the Secretary's

obligation to issue final rules as described in section 6295 of

this title.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 323, Dec. 22, 1975, 89 Stat. 919;

Pub. L. 95-619, title IV, Secs. 421, 425(a), title VI, Sec.

691(b)(2), Nov. 9, 1978, 92 Stat. 3257, 3265, 3288; Pub. L. 100-12,

Sec. 4, Mar. 17, 1987, 101 Stat. 105; Pub. L. 100-357, Sec. 2(c),

June 28, 1988, 102 Stat. 672; Pub. L. 100-418, title V, Sec.

5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102-486, title I,

Sec. 123(d), Oct. 24, 1992, 106 Stat. 2821.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(3). Pub. L. 102-486, Sec. 123(d)(1)(A),

inserted "water use (in the case of showerheads, faucets, water

closets and urinals)," after "energy use,".

Subsec. (b)(4). Pub. L. 102-486, Sec. 123(d)(1)(B), in first

sentence inserted "or, in the case of showerheads, faucets, water

closets, or urinals, water use" after "energy use" and ", or in the

case of showerheads, faucets, water closets, or urinals,

representative average unit costs of water and wastewater treatment

service resulting from the operation of such products during such

cycle" after "such cycle", and in second sentence inserted ",

water, and wastewater treatment" before period at end.

Subsec. (b)(6) to (8). Pub. L. 102-486, Sec. 123(d)(1)(C), added

pars. (6) to (8).

Subsec. (c)(1). Pub. L. 102-486, Sec. 123(d)(2), in closing

provisions inserted "or, in the case of showerheads, faucets, water

closets, and urinals, water use" after "efficiency".

Subsec. (c)(2). Pub. L. 102-486, Sec. 123(d)(3), in introductory

provisions substituted "prescribed or established" for

"prescribed".

Pub. L. 102-486, Sec. 123(d)(2), in closing provisions inserted

"or, in the case of showerheads, faucets, water closets, and

urinals, water use" after "efficiency".

Subsec. (e)(1) to (3). Pub. L. 102-486, Sec. 123(d)(4),

substituted ", measured energy use, or measured water use" for "or

measured energy use" in par. (1) and "energy efficiency, energy

use, or water use" for "energy efficiency or energy use" in two

places in par. (2) and once in par. (3).

1988 - Subsec. (b)(1)(C). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards".

Subsec. (b)(5). Pub. L. 100-357 added par. (5).

1987 - Pub. L. 100-12 amended section generally, revising and

restating as subsecs. (a) to (e) provisions formerly contained in

subsecs. (a) to (c).

1978 - Subsec. (a)(1), (2). Pub. L. 95-619, Sec. 691(b)(2),

substituted "Secretary" for "Administrator", meaning Administrator

of the Federal Energy Administration, wherever appearing.

Subsec. (a)(3). Pub. L. 95-619, Secs. 425(a), 691(b)(2), struck

out "Except as provided in paragraph (6)," before "The Secretary",

struck out provision requiring proposed test procedures to be

published not later than June 30, 1976, with certain excepted cases

not required to be published before Sept. 30, 1976 and June 30,

1977, and substituted "Secretary" for "Administrator".

Subsec. (a)(4). Pub. L. 95-619, Secs. 421(a), 691(b)(2),

redesignated provisions formerly classified to subpar. (A), as par.

(4) and in par. (4), as so redesignated, struck out "Except as

provided in paragraph (6)," before "The Secretary shall",

substituted "Secretary" for "Administrator" in two places, inserted

provision requiring the prescription of test procedures not later

than Jan. 31, 1978, and struck out subpar. (B) requiring the

prescription of test procedures not later than Sept. 30, 1976, with

certain excepted cases required to be prescribed not later than

Dec. 31, 1976 and Sept. 30 1977.

Subsec. (a)(5). Pub. L. 95-619, Sec. 691(b)(2), substituted

"Secretary" for "Administrator" wherever appearing.

Subsec. (a)(6). Pub. L. 95-619, Sec. 421(b), redesignated

existing provisions as subpar. (A) and, in subpar. (A) as so

redesignated, substituted "Secretary" for "Administrator", struck

out provisions relating to the authority to delay publication of

proposed test procedures, inserted requirement that a determination

of a necessary prescription delay be submitted in a report to

Congress, inserted specific ninety day time limitation for delayed

prescriptions, and added subpar. (B).

Subsec. (a)(7). Pub. L. 95-619, Sec. 421(c), added par. (7).

Subsec. (b). Pub. L. 95-619, Sec. 691(b)(2), substituted

"Secretary" for "Administrator" wherever appearing.

Subsec. (c). Pub. L. 95-619, Sec. 421(d), redesignated existing

provisions as par. (1), substituted "180 days" for "90 days" and

redesignated former pars. (1) and (2) as subpars. (A) and (B),

respectively, and added par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6291, 6294, 6295, 6296,

6297, 6303, 6306, 6314, 6316 of this title.

-End-

-CITE-

42 USC Sec. 6294 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A - Energy Conservation Program for Consumer Products Other

Than Automobiles

-HEAD-

Sec. 6294. Labeling

-STATUTE-

(a) In general

(1) The Commission shall prescribe labeling rules under this

section applicable to all covered products of each of the types

specified in paragraphs (1), (2), (4), (6), and (8) through (12) of

section 6292(a) of this title, except to the extent that, with

respect to any such type (or class thereof), the Commission

determines under the second sentence of subsection (b)(5) of this

section that labeling in accordance with this section is not

technologically or economically feasible.

(2)(A) The Commission shall prescribe labeling rules under this

section applicable to all covered products of each of the types

specified in paragraphs (3), (5), and (7) of section 6292(a) of

this title, except to the extent that with respect to any such type

(or class thereof), the Commission determines under the second

sentence of subsection (b)(5) of this section that labeling in

accordance with this section is not technologically or economically

feasible or is not likely to assist consumers in making purchasing

decisions.

(B) The Commission shall prescribe labeling rules under this

section applicable to the covered product specified in paragraph

(13) of section 6292(a) of this title and to which standards are

applicable under section 6295 of this title. Such rules shall

provide that the labeling of any fluorescent lamp ballast

manufactured on or after January 1, 1990, will indicate

conspicuously, in a manner prescribed by the Commission under

subsection (b) of this section by July 1, 1989, a capital letter

"E" printed within a circle on the ballast and on the packaging of

the ballast or of the luminaire into which the ballast has been

incorporated.

(C)(i) Not later than 18 months after October 24, 1992, the

Commission shall prescribe labeling rules under this section

applicable to general service fluorescent lamps, medium base

compact fluorescent lamps, and general service incandescent lamps.

Except as provided in clause (ii), such rules shall provide that

the labeling of any general service fluorescent lamp, medium base

compact fluorescent lamp, and general service incandescent lamp

manufactured after the 12-month period beginning on the date of the

publication of such rule shall indicate conspicuously on the

packaging of the lamp, in a manner prescribed by the Commission

under subsection (b) of this section, such information as the

Commission deems necessary to enable consumers to select the most

energy efficient lamps which meet their requirements. Labeling

information for incandescent lamps shall be based on performance

when operated at 120 volts input, regardless of the rated lamp

voltage.

(ii) If the Secretary determines that compliance with the

standards specified in section 6295(i) of this title for any lamp

will result in the discontinuance of the manufacture of such lamp,

the Commission may exempt such lamp from the labeling rules

prescribed under clause (i).

(D)(i) Not later than one year after October 24, 1992, the

Commission shall prescribe labeling rules under this section for

showerheads and faucets to which standards are applicable under

subsection (j) of section 6295 of this title. Such rules shall

provide that the labeling of any showerhead or faucet manufactured

after the 12-month period beginning on the date of the publication

of such rule shall be consistent with the marking and labeling

requirements of ASME A112.18.1M-1989, except that each showerhead

and flow restricting or controlling spout-end device shall bear a

permanent legible marking indicating the flow rate, expressed in

gallons per minute (gpm) or gallons per cycle (gpc), and the flow

rate value shall be the actual flow rate or the maximum flow rate

specified by the standards established in subsection (j) of section

6295 of this title.

(ii) If the marking and labeling requirements of ASME

A112.18.1M-1989 are revised at any time and approved by ANSI, the

Commission shall amend the labeling rules established pursuant to

clause (i) to be consistent with such revised ASME/ANSI

requirements unless such requirements are inconsistent with the

purposes of this chapter or the requirement specified in clause (i)

requiring each showerhead and flow restricting or controlling

spout-end device to bear a permanent legible marking indicating the

flow rate of such product.

(E)(i) Not later than one year after October 24, 1992, the

Commission shall prescribe labeling rules under this section for

water closets and urinals to which standards are applicable under

subsection (k) of section 6295 of this title. Such rules shall

provide that the labeling of any water closet or urinal

manufactured after the 12-month period beginning on the date of the

publication of such rule shall be consistent with the marking and

labeling requirements of ASME A112.19.2M-1990, except that each

fixture (and flushometer valve associated with such fixture) shall

bear a permanent legible marking indicating the water use,

expressed in gallons per flush (gpf), and the water use value shall

be the actual water use or the maximum water use specified by the

standards established in subsection (k) of section 6295 of this

title.

(ii) If the marking and labeling requirements of ASME

A112.19.2M-1990 are revised at any time and approved by ANSI, the

Commission shall amend the labeling rules established pursuant to

clause (i) to be consistent with such revised ASME/ANSI

requirements unless such requirements are inconsistent with the

purposes of this chapter or the requirement specified in clause (i)

requiring each fixture and flushometer valve to bear a permanent

legible marking indicating the water use of such fixture or

flushometer valve.

(iii) Any labeling rules prescribed under this subparagraph

before January 1, 1997, shall provide that, with respect to any

gravity tank-type white 2-piece toilet which has a water use

greater than 1.6 gallons per flush (gpf), any printed matter

distributed or displayed in connection with such product (including

packaging and point of sale material, catalog material, and print

advertising) shall include, in a conspicuous manner, the words "For

Commercial Use Only".

(3) The Commission may prescribe a labeling rule under this

section applicable to covered products of a type specified in

paragraph (19) of section 6292(a) of this title (or a class

thereof) if -

(A) the Commission or the Secretary has made a determination

with respect to such type (or class thereof) that labeling in

accordance with this section will assist purchasers in making

purchasing decisions,

(B) the Secretary has prescribed test procedures under section

6293(b)(1)(B) of this title for such type (or class thereof), and

(C) the Commission determines with respect to such type (or

class thereof) that application of labeling rules under this

section to such type (or class thereof) is economically and

technologically feasible.

(4) Any determination under this subsection shall be published in

the Federal Register.

(b) Rules in effect; new rules

(1)(A) Any labeling rule in effect on March 17, 1987, shall

remain in effect until amended, by rule, by the Commission.

(B) After March 17, 1987, and not later than 30 days after the

date on which a proposed test procedure applicable to a covered

product of any of the types specified in paragraphs (1) through

(13), and paragraphs (15) through (19) of section 6292(a) of this

title (or class thereof) is prescribed under section 6293(b) of

this title, the Commission shall publish a proposed labeling rule

applicable to such type (or class thereof).

(2) The Commission shall afford interested persons an opportunity

to present written or oral data, views, and comments with respect

to the proposed labeling rules published under paragraph (1). The

period for such presentations shall not be less than 45 days.

(3) Not earlier than 45 days nor later than 60 days after the

date on which test procedures are prescribed under section 6293(b)

of this title with respect to covered products of any type (or

class thereof) specified in paragraphs (1) through (12) of section

6292(a) of this title, the Commission shall prescribe labeling

rules with respect to covered products of such type (or class

thereof). Not earlier than 45 days after the date on which test

procedures are prescribed under section 6293(b) of this title with

respect to covered products of a type specified in paragraph (19)

of section 6292(a) of this title, the Commission may prescribe

labeling rules with respect to covered products of such type (or

class thereof).

(4) A labeling rule prescribed under paragraph (3) shall take

effect not later than 3 months after the date of prescription of

such rule, except that such rules may take effect not later than 6

months after such date of prescription if the Commission determines

that such extension is necessary to allow persons subject to such

rules adequate time to come into compliance with such rules.

(5) The Commission may delay the publication of a proposed

labeling rule, or the prescription of a labeling rule, beyond the

dates specified in paragraph (1) or (3), if it determines that it

cannot publish proposed labeling rules or prescribe labeling rules

which meet the requirements of this section on or prior to the date

specified in the applicable paragraph and publishes such

determination in the Federal Register, together with the reasons

therefor. In any such case, it shall publish proposed labeling

rules or prescribe labeling rules for covered products of such type

(or class thereof) as soon as practicable unless it determines (A)

that labeling in accordance with this section is not economically

or technically feasible, or (B) in the case of a type specified in

paragraphs (3), (5), and (7) of section 6292(a) of this title, that

labeling in accordance with this section is not likely to assist

consumers in purchasing decisions. Any such determination shall be

published in the Federal Register, together with the reasons

therefor. This paragraph shall not apply to the prescription of a

labeling rule with respect to covered products of a type specified

in paragraph (19) of section 6292(a) of this title.

(c) Content of label

(1) Subject to paragraph (6), a rule prescribed under this

section shall require that each covered product in the type or

class of covered products to which the rule applies bear a label

which discloses -

(A) the estimated annual operating cost of such product

(determined in accordance with test procedures prescribed under

section 6293 of this title), except that if -

(i) the Secretary determines that disclosure of estimated

annual operating cost is not technologically feasible, or

(ii) the Commission determines that such disclosure is not

likely to assist consumers in making purchasing decisions or is

not economically feasible,

the Commission shall require disclosure of a different useful

measure of energy consumption (determined in accordance with test

procedures prescribed under section 6293 of this title); and

(B) information respecting the range of estimated annual

operating costs for covered products to which the rule applies;

except that if the Commission requires disclosure under

subparagraph (A) of a measure of energy consumption different

from estimated annual operating cost, then the label shall

disclose the range of such measure of energy consumption of

covered products to which such rule applies.

(2) A rule under this section shall include the following:

(A) A description of the type or class of covered products to

which such rule applies.

(B) Subject to paragraph (6), information respecting the range

of estimated annual operating costs or other useful measure of

energy consumption (determined in such manner as the rule may

prescribe) for such type or class of covered products.

(C) A description of the test procedures under section 6293 of

this title used in determining the estimated annual operating

costs or other measure of energy consumption of the type or class

of covered products.

(D) A prototype label and directions for displaying such label.

(3) A rule under this section shall require that the label be

displayed in a manner that the Commission determines is likely to

assist consumers in making purchasing decisions and is appropriate

to carry out this part. The Commission may permit a tag to be used

in lieu of a label in any case in which the Commission finds that a

tag will carry out the purposes for which the label was intended.

(4) A rule under this section applicable to a covered product may

require disclosure, in any printed matter displayed or distributed

at the point of sale of such product, of any information which may

be required under this section to be disclosed on the label of such

product. Requirements under this paragraph shall not apply to any

broadcast advertisement or any advertisement in any newspaper,

magazine, or other periodical.

(5) The Commission may require that a manufacturer of a covered

product to which a rule under this section applies -

(A) include on the label,

(B) separately attach to the product, or

(C) ship with the product,

additional information relating to energy consumption, including

instructions for the maintenance, use, or repair of the covered

product, if the Commission determines that such additional

information would assist consumers in making purchasing decisions

or in using such product, and that such requirement would not be

unduly burdensome to manufacturers.

(6) The Commission may delay the effective date of the

requirement specified in paragraph (1)(B) of this subsection

applicable to a type or class of covered product, insofar as it

requires the disclosure on the label of information respecting

range of a measure of energy consumption, for not more than 12

months after the date on which the rule under this section is first

applicable to such type or class, if the Commission determines that

such information will not be available within an adequate period of

time before such date.

(7) Paragraphs (1), (2), (3), (5), and (6) of this subsection

shall not apply to the covered product specified in paragraphs

(13), (14), (15), (16), (17), and (18) of section 6292(a) of this

title.

(8) If a manufacturer of a covered product specified in paragraph

(15) or (17) of section 6292(a) of this title elects to provide a

label for such covered product conveying the estimated annual

operating cost of such product or the range of estimated annual

operating costs for the type or class of such product -

(A) such estimated cost or range of costs shall be determined

in accordance with test procedures prescribed under section 6293

of this title;

(B) the format of such label shall be in accordance with a

format prescribed by the Commission; and

(C) such label shall be displayed in a manner, prescribed by

the Commission, to be likely to assist consumers in making

purchasing decisions and appropriate to carry out the purposes of

this chapter.

(d) Effective date

A rule under this section (or an amendment thereto) shall not

apply to any covered product the manufacture of which was completed

prior to the effective date of such rule or amendment, as the case

may be.

(e) Study of certain products

The Secretary, in consultation with the Commission, shall study

consumer products for which labeling rules under this section have

not been proposed, in order to determine (1) the aggregate energy

consumption of such products, and (2) whether the imposition of

labeling requirements under this section would be feasible and

useful to consumers in making purchasing decisions. The Secretary

shall include the results of such study in the annual report under

section 6308 of this title.

(f) Consultation

The Secretary and the Commission shall consult with each other on

a continuing basis as may be necessary or appropriate to carry out

their respective responsibilities under this part. Before the

Commission makes any determination under subsection (a)(1) of this

section, it shall obtain the views of the Secretary and shall take

such views into account in making such determination.

(g) Other authority of the Commission

Until such time as labeling rules under this section take effect

with respect to a type or class of covered product, this section

shall not affect any authority of the Commission under the Federal

Trade Commission Act [15 U.S.C. 41 et seq.] to require labeling

with respect to energy consumption of such type or class of covered

product.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 324, Dec. 22, 1975, 89 Stat. 920;

Pub. L. 95-619, title IV, Sec. 425(b), (c), title VI, Sec.

691(b)(2), Nov. 9, 1978, 92 Stat. 3265, 3288; Pub. L. 100-12, Sec.

11(a)(1), (b)(2), Mar. 17, 1987, 101 Stat. 124, 125; Pub. L.

100-357, Sec. 2(d), June 28, 1988, 102 Stat. 672; Pub. L. 102-486,

title I, Sec. 123(e), Oct. 24, 1992, 106 Stat. 2822; Pub. L.

105-388, Sec. 5(a)(4), Nov. 13, 1998, 112 Stat. 3478.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(2)(D)(ii), (E)(ii) and

(c)(8)(C), 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 Federal Trade Commission Act, referred to in subsec. (g), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of Title 15, Commerce and Trade. For complete classification of

this Act to the Code, see section 58 of Title 15 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2)(C)(ii). Pub. L. 105-388 substituted

"section 6295(i)" for "section 6295(j)".

1992 - Subsec. (a)(2)(C) to (E). Pub. L. 102-486, Sec. 123(e)(1),

added subpars. (C) to (E).

Subsec. (a)(3). Pub. L. 102-486, Sec. 123(e)(2), substituted

"(19)" for "(14)".

Subsec. (b)(1)(B). Pub. L. 102-486, Sec. 123(e)(3), substituted

"(13), and paragraphs (15) through (19)" for "(14)".

Subsec. (b)(3), (5). Pub. L. 102-486, Sec. 123(e)(4), substituted

"(19)" for "(14)".

Subsec. (c)(7). Pub. L. 102-486, Sec. 123(e)(5)(A), substituted

"paragraphs (13), (14), (15), (16), (17), and (18) of section

6292(a)" for "paragraph (13) of section 6292".

Subsec. (c)(8). Pub. L. 102-486, Sec. 123(e)(5)(B), added par.

(8).

1988 - Subsec. (a)(2). Pub. L. 100-357, Sec. 2(d)(1), designated

existing provision as subpar. (A) and added subpar. (B).

Subsecs. (a)(3), (b)(1)(B), (3), (5). Pub. L. 100-357, Sec.

2(d)(2), substituted "(14)" for "(13)".

Subsec. (c)(7). Pub. L. 100-357, Sec. 2(d)(3), added par. (7).

1987 - Subsec. (a). Pub. L. 100-12, Sec. 11(b)(2)(A), inserted

heading.

Subsec. (a)(1). Pub. L. 100-12, Sec. 11(a)(1)(A), substituted

"paragraphs (1), (2), (4), (6), and (8) through (12)" for

"paragraphs (1) through (9)".

Subsec. (a)(2). Pub. L. 100-12, Sec. 11(a)(1)(B), substituted

"paragraphs (3), (5), and (7)" for "paragraphs (10) through (13)".

Subsec. (a)(3). Pub. L. 100-12, Sec. 11(a)(1)(C)(i), substituted

"paragraph (13)" for "paragraph (14)".

Subsec. (a)(3)(A). Pub. L. 100-12, Sec. 11(a)(1)(C)(ii), added

subpar. (A) and struck out former subpar. (A) which read as

follows: "the Commission or the Secretary has made a determination

with respect to such type (or class thereof) under section

6293(a)(5)(B) of this title,".

Subsec. (a)(3)(B). Pub. L. 100-12, Sec. 11(a)(1)(C)(iii),

substituted "section 6293(b)(1)(B)" for "section 6293(a)(5)".

Subsec. (b). Pub. L. 100-12, Sec. 11(a)(1)(D), inserted heading.

Subsec. (b)(1). Pub. L. 100-12, Sec. 11(a)(1)(D), added par. (1)

and struck out former par. (1) which read as follows: "Not later

than 30 days after the date on which a proposed test procedure

applicable to a covered product of any of the types specified in

paragraphs (1) through (14) of section 6292(a) of this title (or

class thereof) is published under section 6293(a) of this title,

the Commission shall publish a proposed labeling rule applicable to

such type (or class thereof)."

Subsec. (b)(3). Pub. L. 100-12, Sec. 11(a)(1)(E), substituted

"section 6293(b)" for "section 6293" in two places, "(12)" for

"(13)", and "(13)" for "(14)".

Subsec. (b)(5). Pub. L. 100-12, Sec. 11(a)(1)(F), substituted

"(3), (5), and (7)" for "(10) through (13)" and "(13)" for "(14)".

Subsec. (c). Pub. L. 100-12, Sec. 11(b)(2)(B), inserted heading.

Subsec. (d). Pub. L. 100-12, Sec. 11(b)(2)(C), inserted heading.

Subsec. (e). Pub. L. 100-12, Sec. 11(b)(2)(D), inserted heading.

Subsec. (f). Pub. L. 100-12, Sec. 11(b)(2)(E), inserted heading.

Pub. L. 100-12, Sec. 11(a)(1)(G), struck out "or (2)" after

"subsection (a)(1)".

Subsec. (g). Pub. L. 100-12, Sec. 11(b)(2)(F), inserted heading.

1978 - Subsec. (a)(1), (2). Pub. L. 95-619, Sec. 425(b), struck

out labeling rule exception where Administrator had determined

under section 6293(a)(6) of this title that test procedures could

not be developed pursuant to section 6293(b) of this title.

Subsec. (a)(3). Pub. L. 95-619, Sec. 691(b)(2), substituted

"Secretary" for "Administrator", meaning Administrator of the

Federal Energy Administration, in cls. (A) and (B).

Subsec. (c)(1)(A)(i). Pub. L. 95-619, Sec. 691(b)(2), substituted

"Secretary" for "Administrator".

Subsec. (c)(5). Pub. L. 95-619, Sec. 425(c), inserted "including

instructions for the maintenance, use, or repair of the covered

product," after "energy consumption".

Subsecs. (e), (f). Pub. L. 95-619, Sec. 691(b)(2), substituted

"Secretary" for "Administrator" wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6293, 6295, 6296, 6297,

6302, 6304, 6306, 6316, 6317 of this title.

-End-

-CITE-

42 USC Sec. 6295 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A - Energy Conservation Program for Consumer Products Other

Than Automobiles

-HEAD-

Sec. 6295. Energy conservation standards

-STATUTE-

(a) Purposes

The purposes of this section are to -

(1) provide Federal energy conservation standards applicable to

covered products; and

(2) authorize the Secretary to prescribe amended or new energy

conservation standards for each type (or class) of covered

product.

(b) Standards for refrigerators, refrigerator-freezers, and

freezers

(1) The following is the maximum energy use allowed in kilowatt

hours per year for the following products (other than those

described in paragraph (2)) manufactured on or after January 1,

1990:

ergy

Standards

Equations

--------------------------------------------------------------------

Refrigerators and Refrigerator-Freezers with 16.3 AV+316

manual defrost

Refrigerator-Freezers - partial automatic 21.8 AV+429

defrost

Refrigerator-Freezers - automatic defrost with:

Top mounted freezer without ice 23.5 AV+471

Side mounted freezer without ice 27.7 AV+488

Bottom mounted freezer without ice 27.7 AV+488

Top mounted freezer with through the door ice 26.4 AV+535

service

Side mounted freezer with through the door ice 30.9 AV+547

Upright Freezers with:

Manual defrost 10.9 AV+422

Automatic defrost 16.0 AV+623

Chest Freezers and all other freezers 14.8 AV+223

--------------------------------------------------------------------

(2) The standards described in paragraph (1) do not apply to

refrigerators and refrigerator-freezers with total refrigerated

volume exceeding 39 cubic feet or freezers with total refrigerated

volume exceeding 30 cubic feet.

(3)(A)(i) The Secretary shall publish a proposed rule, no later

than July 1, 1988, to determine if the standards established by

paragraph (1) should be amended. The Secretary shall publish a

final rule no later than July 1, 1989, which shall contain such

amendment, if any, and provide that the amendment shall apply to

products manufactured on or after January 1, 1993. If such a final

rule is not published before January 1, 1990, any amendment of such

standards shall apply to products manufactured on or after January

1, 1995. Nothing in this subsection provides any justification or

defense for a failure by the Secretary to comply with the

nondiscretionary duty to publish final rules by the dates stated in

this paragraph.

(ii)(I) If the Secretary does not publish a final rule before

January 1, 1990, relating to the revision of the energy

conservation standards for refrigerators, refrigerator-freezers and

freezers, the regulations which established standards for such

products and were promulgated by the California Energy Commission

on December 14, 1984, to be effective January 1, 1992 (or any

amendments to such standards that are not more stringent than the

standards in the original regulations), shall apply in California

to such products, effective beginning January 1, 1993, and shall

not be preempted after such effective date by any energy

conservation standard established in this section or prescribed, on

or after January 1, 1990, under this section.

(II) If the Secretary does not publish a final rule before

January 1, 1992, relating to the revision of the energy

conservation standards for refrigerators, refrigerator-freezers and

freezers, State regulations which apply to such products

manufactured on or after January 1, 1995, shall apply to such

products until the effective date of a rule issued under this

section with respect to such products.

(B) After the publication of a final rule under subparagraph (A),

the Secretary shall publish a final rule no later than five years

after the date of publication of the previous final rule. The

Secretary shall determine in such rule whether to amend the

standards in effect for the products described in paragraph (1).

(C) Any amendment prescribed under subparagraph (B) shall apply

to products manufactured after a date which is five years after -

(i) the effective date of the previous amendment; or

(ii) if the previous final rule did not amend the standards,

the earliest date by which the previous amendment could have been

effective;

except that in no case may any amended standard apply to products

manufactured within three years after publication of the final rule

establishing such amended standard.

(c) Standards for room air conditioners

(1) The energy efficiency ratio of room air conditioners shall be

not less than the following for products manufactured on or after

January 1, 1990:

Product Class: tio

--------------------------------------------------------------------

Without Reverse Cycle and With Louvered Sides:

Less than 6,000 Btu 8.0

6,000 to 7,999 Btu 8.5

8,000 to 13,999 Btu 9.0

14,000 to 19,999 Btu 8.8

20,000 and more Btu 8.2

Without Reverse Cycle and Without Louvered Sides:

Less than 6,000 Btu 8.0

6,000 to 7,999 Btu 8.5

8,000 to 13,999 Btu 8.5

14,000 to 19,999 Btu 8.5

20,000 and more Btu 8.2

With Reverse Cycle and With Louvered Sides 8.5

With Reverse Cycle, Without Louvered Sides 8.0

--------------------------------------------------------------------

(2)(A) The Secretary shall publish a final rule no later than

January 1, 1992, to determine if the standards established under

paragraph (1) should be amended. Such rule shall contain such

amendment, if any, and provide that the amendment shall apply to

products manufactured on or after January 1, 1995.

(B) After January 1, 1992, the Secretary shall publish a final

rule no later than five years after the date of publication of a

previous final rule. The Secretary shall determine in such rule

whether to amend the standards in effect for room air conditioners.

(C) Any amendment prescribed under subparagraph (B) shall apply

to products manufactured after a date which is five years after -

(i) the effective date of the previous amendment; or

(ii) if the previous final rule did not amend the standards,

the earliest date by which a previous amendment could have been

effective;

except that in no case may any amended standard apply to products

manufactured within three years after publication of the final rule

establishing such amended standard.

(d) Standards for central air conditioners and heat pumps

(1) The seasonal energy efficiency ratio of central air

conditioners and central air conditioning heat pumps shall be not

less than the following:

(A) Split Systems: 10.0 for products manufactured on or after

January 1, 1992.

(B) Single Package Systems: 9.7 for products manufactured on or

after January 1, 1993.

(2) The heating seasonal performance factor of central air

conditioning heat pumps shall be not less than the following:

(A) Split Systems: 6.8 for products manufactured on or after

January 1, 1992.

(B) Single Package Systems: 6.6 for products manufactured on or

after January 1, 1993.

(3)(A) The Secretary shall publish a final rule no later than

January 1, 1994, to determine whether the standards established

under paragraph (1) should be amended. Such rule shall contain such

amendment, if any, and provide that the amendment shall apply to

products manufactured on or after January 1, 1999. The Secretary

shall publish a final rule no later than January 1, 1994, to

determine whether the standards established under paragraph (2)

shall be amended. Such rule shall contain such amendment, if any,

and provide that the amendment shall apply to products manufactured

on or after January 1, 2002.

(B) The Secretary shall publish a final rule after January 1,

1994, and no later than January 1, 2001, to determine whether the

standards in effect for central air conditioners and central air

conditioning heat pumps should be amended. Such rule shall provide

that any amendment shall apply to products manufactured on or after

January 1, 2006.

(e) Standards for water heaters; pool heaters; direct heating

equipment

(1) The energy factor of water heaters shall be not less than the

following for products manufactured on or after January 1, 1990:

(A) Gas Water Heater: .62-(.0019 x Rated Storage Volume

in gallons)

(B) Oil Water Heater: .59-(.0019 x Rated Storage Volume

in gallons)

(C) Electric Water Heater: .95-(.00132 x Rated Storage Volume

in gallons)

--------------------------------------------------------------------

(2) The thermal efficiency of pool heaters manufactured on or

after January 1, 1990, shall not be less than 78 percent.

(3) The efficiencies of gas direct heating equipment manufactured

on or after January 1, 1990, shall be not less than the following:

Wall

Fan type

Up to 42,000 Btu/hour 73% AFUE

Over 42,000 Btu/hour 74% AFUE

Gravity type

Up to 10,000 Btu/hour 59% AFUE

Over 10,000 Btu/hour up to 12,000 Btu/hour 60% AFUE

Over 12,000 Btu/hour up to 15,000 Btu/hour 61% AFUE

Over 15,000 Btu/hour up to 19,000 Btu/hour 62% AFUE

Over 19,000 Btu/hour up to 27,000 Btu/hour 63% AFUE

Over 27,000 Btu/hour up to 46,000 Btu/hour 64% AFUE

Over 46,000 Btu/hour 65% AFUE

Floor

Up to 37,000 Btu/hour 56% AFUE

Over 37,000 Btu/hour 57% AFUE

Room

Up to 18,000 Btu/hour 57% AFUE

Over 18,000 Btu/hour up to 20,000 Btu/hour 58% AFUE

Over 20,000 Btu/hour up to 27,000 Btu/hour 63% AFUE

Over 27,000 Btu/hour up to 46,000 Btu/hour 64% AFUE

Over 46,000 Btu/hour 65% AFUE

--------------------------------------------------------------------

(4)(A) The Secretary shall publish final rules no later than

January 1, 1992, to determine whether the standards established by

paragraph (1), (2), or (3) for water heaters, pool heaters, and

direct heating equipment should be amended. Such rule shall provide

that any amendment shall apply to products manufactured on or after

January 1, 1995.

(B) The Secretary shall publish a final rule no later than

January 1, 2000, to determine whether standards in effect for such

products should be amended. Such rule shall provide that any such

amendment shall apply to products manufactured on or after January

1, 2005.

(f) Standards for furnaces

(1) Furnaces (other than furnaces designed solely for

installation in mobile homes) manufactured on or after January 1,

1992, shall have an annual fuel utilization efficiency of not less

than 78 percent, except that -

(A) boilers (other than gas steam boilers) shall have an annual

fuel utilization efficiency of not less than 80 percent and gas

steam boilers shall have an annual fuel utilization efficiency of

not less than 75 percent; and

(B) the Secretary shall prescribe a final rule not later than

January 1, 1989, establishing an energy conservation standard -

(i) which is for furnaces (other than furnaces designed

solely for installation in mobile homes) having an input of

less than 45,000 Btu per hour and manufactured on or after

January 1, 1992;

(ii) which provides that the annual fuel utilization

efficiency of such furnaces shall be a specific percent which

is not less than 71 percent and not more than 78 percent; and

(iii) which the Secretary determines is not likely to result

in a significant shift from gas heating to electric resistance

heating with respect to either residential construction or

furnace replacement.

(2) Furnaces which are designed solely for installation in mobile

homes and which are manufactured on or after September 1, 1990,

shall have an annual fuel utilization efficiency of not less than

75 percent.

(3)(A) The Secretary shall publish a final rule no later than

January 1, 1992, to determine whether the standards established by

paragraph (2) for mobile home furnaces should be amended. Such rule

shall provide that any amendment shall apply to products

manufactured on or after January 1, 1994.

(B) The Secretary shall publish a final rule no later than

January 1, 1994, to determine whether the standards established by

this subsection for furnaces (including mobile home furnaces)

should be amended. Such rule shall provide that any amendment shall

apply to products manufactured on or after January 1, 2002.

(C) After January 1, 1997, and before January 1, 2007, the

Secretary shall publish a final rule to determine whether standards

in effect for such products should be amended. Such rule shall

contain such amendment, if any, and provide that any amendment

shall apply to products manufactured on or after January 1, 2012.

(g) Standards for dishwashers; clothes washers; clothes dryers;

fluorescent lamp ballasts

(1) Dishwashers manufactured on or after January 1, 1988, shall

be equipped with an option to dry without heat.

(2) All rinse cycles of clothes washers shall include an unheated

water option, but may have a heated water rinse option, for

products manufactured on or after January 1, 1988.

(3) Gas clothes dryers shall not be equipped with a constant

burning pilot for products manufactured on or after January 1,

1988.

(4)(A) The Secretary shall publish final rules no later than

January 1, 1990, to determine if the standards established under

this subsection for products described in paragraphs (1), (2), and

(3) should be amended. Such rules shall provide that any amendment

shall apply to products the manufacture of which is completed on or

after January 1, 1993.

(B) After January 1, 1990, the Secretary shall publish a final

rule no later than five years after the date of publication of the

previous final rule. The Secretary shall determine in such rule

whether to amend the standards in effect for such products.

(C) Any such amendment shall apply to products manufactured after

a date which is five years after -

(i) the effective date of the previous amendment; or

(ii) if the previous final rule did not amend the standard, the

earliest date by which a previous amendment could have been in

effect;

except that in no case may any amended standard apply to products

manufactured within three years after publication of the final rule

establishing such standard.

(5) Except as provided in paragraph (6), each fluorescent lamp

ballast -

(A)(i) manufactured on or after January 1, 1990;

(ii) sold by the manufacturer on or after April 1, 1990; or

(iii) incorporated into a luminaire by a luminaire manufacturer

on or after April 1, 1991; and

(B) designed -

(i) to operate at nominal input voltages of 120 or 277 volts;

(ii) to operate with an input current frequency of 60 Hertz;

and

(iii) for use in connection with an F40T12, F96T12, or

F96T12HO lamps;

shall have a power factor of 0.90 or greater and shall have a

ballast efficacy factor not less than the following:

Application for Ballast Total Ballast

Operation of Input Nominal Efficacy

Voltage Lamp Watts Factor

--------------------------------------------------------------------

one F40T12 lamp 120 40 1.805

277 40 1.805

two F40T12 lamps 120 80 1.060

277 80 1.050

two F96T12 lamps 120 150 0.570

277 150 0.570

two F96T12HO lamps 120 220 0.390

277 220 0.390

--------------------------------------------------------------------

(6) The standards described in paragraph (5) do not apply to (A)

a ballast which is designed for dimming or for use in ambient

temperatures of 0G6&#186;<!-- degrees --> F or less, or (B) a

ballast which has a power factor of less than 0.90 and is designed

for use only in residential building applications.

(7)(A) The Secretary shall publish a final rule no later than

January 1, 1992, to determine if the standards established under

paragraph (5) should be amended, including whether such standards

should be amended so that they would be applicable to ballasts

described in paragraph (6) and other fluorescent lamp ballasts.

Such rule shall contain such amendment, if any, and provide that

the amendment shall apply to products manufactured on or after

January 1, 1995.

(B) After January 1, 1992, the Secretary shall publish a final

rule no later than five years after the date of publication of a

previous final rule. The Secretary shall determine in such rule

whether to amend the standards in effect for fluorescent lamp

ballasts, including whether such standards should be amended so

that they would be applicable to additional fluorescent lamp

ballasts.

(C) Any amendment prescribed under subparagraph (B) shall apply

to products manufactured after a date which is five years after -

(i) the effective date of the previous amendment; or

(ii) if the previous final rule did not amend the standards,

the earliest date by which a previous amendment could have been

effective;

except that in no case may any amended standard apply to products

manufactured within three years after publication of the final rule

establishing such amended standard.

(h) Standards for kitchen ranges and ovens

(1) Gas kitchen ranges and ovens having an electrical supply cord

shall not be equipped with a constant burning pilot for products

manufactured on or after January 1, 1990.

(2)(A) The Secretary shall publish a final rule no later than

January 1, 1992, to determine if the standards established for

kitchen ranges and ovens in this subsection should be amended. Such

rule shall contain such amendment, if any, and provide that the

amendment shall apply to products manufactured on or after January

1, 1995.

(B) The Secretary shall publish a final rule no later than

January 1, 1997, to determine whether standards in effect for such

products should be amended. Such rule shall apply to products

manufactured on or after January 1, 2000.

(i) General service fluorescent lamps and incandescent reflector

lamps

(1)(A) Each of the following general service fluorescent lamps

and incandescent reflector lamps manufactured after the effective

date specified in the tables listed in this paragraph shall meet or

exceed the following lamp efficacy and CRI standards:

FLUORESCENT LAMPS

--------------------------------------------------------------------

Lamp Type: 4-foot medium bi-pin

Nominal Lamp Wattage: oi0G6>35 W

Minimum CRI: oi069

Minimum Average Lamp , Efficacy (LPW): oi075.0

Effective Date (Months): oi036

Nominal Lamp Wattage: oi0G6¾35 W

Minimum CRI: oi045

Minimum Average Lamp , Efficacy (LPW): oi075.0

Effective Date (Months): oi036

Lamp Type: 2-foot U-shaped

Nominal Lamp Wattage: oi0G6>35 W

Minimum CRI: oi069

Minimum Average Lamp , Efficacy (LPW): oi068.0

Effective Date (Months): oi036

Nominal Lamp Wattage: oi0G6¾35 W

Minimum CRI: oi045

Minimum Average Lamp , Efficacy (LPW): oi064.0

Effective Date (Months): oi036

Lamp Type: 8-foot slimline

Nominal Lamp Wattage: oi0 65 W

Minimum CRI: oi069

Minimum Average Lamp , Efficacy (LPW): oi080.0

Effective Date (Months): oi018

Nominal Lamp Wattage: oi0G6¾65 W

Minimum CRI: oi045

Minimum Average Lamp , Efficacy (LPW): oi080.0

Effective Date (Months): oi018

Lamp Type: 8-foot high output

Nominal Lamp Wattage: oi0G6>100 W

Minimum CRI: oi069

Minimum Average Lamp , Efficacy (LPW): oi080.0

Effective Date (Months): oi018

Nominal Lamp Wattage: oi0G6¾100 W

Minimum CRI: oi045

Minimum Average Lamp , Efficacy (LPW): oi080.0

Effective Date (Months): oi018

--------------------------------------------------------------------

INCANDESCENT REFLECTOR LAMPS

--------------------------------------------------------------------

Nominal Lamp Wattage Minimum Effective

Average Date

Lamp (Months)

Efficacy (LPW)

--------------------------------------------------------------------

40-50 10.5 36

51-66 11.0 36

67-85 12.5 36

86-115 14.0 36

116-155 14.5 36

156-205 15.0 36

--------------------------------------------------------------------

(B) For the purposes of the tables set forth in subparagraph (A),

the term "effective date" means the last day of the month set forth

in the table which follows October 24, 1992.

(2) Notwithstanding section 6302(a)(5) of this title and section

6302(b) of this title, it shall not be unlawful for a manufacturer

to sell a lamp which is in compliance with the law at the time such

lamp was manufactured.

(3) Not less than 36 months after October 24, 1992, the Secretary

shall initiate a rulemaking procedure and shall publish a final

rule not later than the end of the 54-month period beginning on

October 24, 1992, to determine if the standards established under

paragraph (1) should be amended. Such rule shall contain such

amendment, if any, and provide that the amendment shall apply to

products manufactured on or after the 36-month period beginning on

the date such final rule is published.

(4) Not less than eight years after October 24, 1992, the

Secretary shall initiate a rulemaking procedure and shall publish a

final rule not later than nine years and six months after October

24, 1992, to determine if the standards in effect for fluorescent

lamps and incandescent lamps should be amended. Such rule shall

contain such amendment, if any, and provide that the amendment

shall apply to products manufactured on or after the 36-month

period beginning on the date such final rule is published.

(5) Not later than the end of the 24-month period beginning on

the date labeling requirements under section 6294(a)(2)(C) of this

title become effective, the Secretary shall initiate a rulemaking

procedure to determine if the standards in effect for fluorescent

lamps and incandescent lamps should be amended so that they would

be applicable to additional general service fluorescent and general

service incandescent lamps and shall publish, not later than 18

months after initiating such rulemaking, a final rule including

such amended standards, if any. Such rule shall provide that the

amendment shall apply to products manufactured after a date which

is 36 months after the date such rule is published.

(6)(A) With respect to any lamp to which standards are applicable

under this subsection or any lamp specified in section 6317 of this

title, the Secretary shall inform any Federal entity proposing

actions which would adversely impact the energy consumption or

energy efficiency of such lamp of the energy conservation

consequences of such action. It shall be the responsibility of such

Federal entity to carefully consider the Secretary's comments.

(B) Notwithstanding subsection (n)(1) of this section, the

Secretary shall not be prohibited from amending any standard, by

rule, to permit increased energy use or to decrease the minimum

required energy efficiency of any lamp to which standards are

applicable under this subsection if such action is warranted as a

result of other Federal action (including restrictions on materials

or processes) which would have the effect of either increasing the

energy use or decreasing the energy efficiency of such product.

(7) Not later than the date on which standards established

pursuant to this subsection become effective, or, with respect to

high-intensity discharge lamps covered under section 6317 of this

title, the effective date of standards established pursuant to such

section, each manufacturer of a product to which such standards are

applicable shall file with the Secretary a laboratory report

certifying compliance with the applicable standard for each lamp

type. Such report shall include the lumen output and wattage

consumption for each lamp type as an average of measurements taken

over the preceding 12-month period. With respect to lamp types

which are not manufactured during the 12-month period preceding the

date such standards become effective, such report shall be filed

with the Secretary not later than the date which is 12 months after

the date manufacturing is commenced and shall include the lumen

output and wattage consumption for each such lamp type as an

average of measurements taken during such 12-month period.

(j) Standards for showerheads and faucets

(1) The maximum water use allowed for any showerhead manufactured

after January 1, 1994, is 2.5 gallons per minute when measured at a

flowing water pressure of 80 pounds per square inch. Any such

showerhead shall also meet the requirements of ASME/ANSI

A112.18.1M-1989, 7.4.3(a).

(2) The maximum water use allowed for any of the following

faucets manufactured after January 1, 1994, when measured at a

flowing water pressure of 80 pounds per square inch, is as follows:

Lavatory faucets 2.5 gallons per minute

Lavatory replacement aerators 2.5 gallons per minute

Kitchen faucets 2.5 gallons per minute

Kitchen replacement aerators 2.5 gallons per minute

Metering faucets 0.25 gallons per cycle

--------------------------------------------------------------------

(3)(A) If the maximum flow rate requirements or the design

requirements of ASME/ANSI Standard A112.18.1M-1989 are amended to

improve the efficiency of water use of any type or class of

showerhead or faucet and are approved by ANSI, the Secretary shall,

not later than 12 months after the date of such amendment, publish

a final rule establishing an amended uniform national standard for

that product at the level specified in the amended ASME/ANSI

Standard A112.18.1M and providing that such standard shall apply to

products manufactured after a date which is 12 months after the

publication of such rule, unless the Secretary determines, by rule

published in the Federal Register, that adoption of a uniform

national standard at the level specified in such amended ASME/ANSI

Standard A112.18.1M -

(i) is not technologically feasible and economically justified

under subsection (o) of this section;

(ii) is not consistent with the maintenance of public health

and safety; or

(iii) is not consistent with the purposes of this chapter.

(B)(i) As part of the rulemaking conducted under subparagraph

(A), the Secretary shall also determine if adoption of a uniform

national standard for any type or class of showerhead or faucet

more stringent than such amended ASME/ANSI Standard A112.18.1M -

(I) would result in additional conservation of energy or water;

(II) would be technologically feasible and economically

justified under subsection (o) of this section; and

(III) would be consistent with the maintenance of public health

and safety.

(ii) If the Secretary makes an affirmative determination under

clause (i), the final rule published under subparagraph (A) shall

waive the provisions of section 6297(c) of this title with respect

to any State regulation concerning the water use or water

efficiency of such type or class of showerhead or faucet if such

State regulation -

(I) is more stringent than amended ASME/ANSI Standard

A112.18.1M for such type or class of showerhead or faucet and the

standard in effect for such product on the day before the date on

which a final rule is published under subparagraph (A); and

(II) is applicable to any sale or installation of all products

in such type or class of showerhead or faucet.

(C) If, after any period of five consecutive years, the maximum

flow rate requirements of the ASME/ANSI standard for showerheads

are not amended to improve the efficiency of water use of such

products, or after any such period such requirements for faucets

are not amended to improve the efficiency of water use of such

products, the Secretary shall, not later than six months after the

end of such five-year period, publish a final rule waiving the

provisions of section 6297(c) of this title with respect to any

State regulation concerning the water use or water efficiency of

such type or class of showerhead or faucet if such State regulation

-

(i) is more stringent than the standards in effect for such

type of class of showerhead or faucet; and

(ii) is applicable to any sale or installation of all products

in such type or class of showerhead or faucet.

(k) Standards for water closets and urinals

(1)(A) Except as provided in subparagraph (B), the maximum water

use allowed in gallons per flush for any of the following water

closets manufactured after January 1, 1994, is the following:

Gravity tank-type toilets 1.6 gpf.

Flushometer tank toilets 1.6 gpf.

Electromechanical hydraulic toilets 1.6 gpf.

Blowout toilets 3.5 gpf.

(B) The maximum water use allowed for any gravity tank-type white

2-piece toilet which bears an adhesive label conspicuous upon

installation consisting of the words "Commercial Use Only"

manufactured after January 1, 1994, and before January 1, 1997, is

3.5 gallons per flush.

(C) The maximum water use allowed for flushometer valve toilets,

other than blowout toilets, manufactured after January 1, 1997, is

1.6 gallons per flush.

(2) The maximum water use allowed for any urinal manufactured

after January 1, 1994, is 1.0 gallon per flush.

(3)(A) If the maximum flush volume requirements of ASME Standard

A112.19.6-1990 are amended to improve the efficiency of water use

of any low consumption water closet or low consumption urinal and

are approved by ANSI, the Secretary shall, not later than 12 months

after the date of such amendment, publish a final rule establishing

an amended uniform national standard for that product at the level

specified in amended ASME/ANSI Standard A112.19.6 and providing

that such standard shall apply to products manufactured after a

date which is one year after the publication of such rule, unless

the Secretary determines, by rule published in the Federal

Register, that adoption of a uniform national standard at the level

specified in such amended ASME/ANSI Standard A112.19.6 -

(i) is not technologically feasible and economically justified

under subsection (o) of this section;

(ii) is not consistent with the maintenance of public health

and safety; or

(iii) is not consistent with the purposes of this chapter.

(B)(i) As part of the rulemaking conducted under subparagraph

(A), the Secretary shall also determine if adoption of a uniform

national standard for any type or class of low consumption water

closet or low consumption urinal more stringent than such amended

ASME/ANSI Standard A112.19.6 for such product -

(I) would result in additional conservation of energy or water;

(II) would be technologically feasible and economically

justified under subsection (o) of this section; and

(III) would be consistent with the maintenance of public health

and safety.

(ii) If the Secretary makes an affirmative determination under

clause (i), the final rule published under subparagraph (A) shall

waive the provisions of section 6297(c) of this title with respect

to any State regulation concerning the water use or water

efficiency of such type or class of low consumption water closet or

low consumption urinal if such State regulation -

(I) is more stringent than amended ASME/ANSI Standard A112.19.6

for such type or class of low consumption water closet or low

consumption urinal and the standard in effect for such product on

the day before the date on which a final rule is published under

subparagraph (A); and

(II) is applicable to any sale or installation of all products

in such type or class of low consumption water closet or low

consumption urinal.

(C) If, after any period of five consecutive years, the maximum

flush volume requirements of the ASME/ANSI standard for low

consumption water closets are not amended to improve the efficiency

of water use of such products, or after any such period such

requirements for low consumption urinals are not amended to improve

the efficiency of water use of such products, the Secretary shall,

not later than six months after the end of such five-year period,

publish a final rule waiving the provisions of section 6297(c) of

this title with respect to any State regulation concerning the

water use or water efficiency of such type or class of water closet

or urinal if such State regulation -

(i) is more stringent than the standards in effect for such

type or class of water closet or urinal; and

(ii) is applicable to any sale or installation of all products

in such type or class of water closet or urinal.

(l) Standards for other covered products

(1) The Secretary may prescribe an energy conservation standard

for any type (or class) of covered products of a type specified in

paragraph (19) of section 6292(a) of this title if the requirements

of subsections (o) and (p) of this section are met and the

Secretary determines that -

(A) the average per household energy use within the United

States by products of such type (or class) exceeded 150

kilowatt-hours (or its Btu equivalent) for any 12-month period

ending before such determination;

(B) the aggregate household energy use within the United States

by products of such type (or class) exceeded 4,200,000,000

kilowatt-hours (or its Btu equivalent) for any such 12-month

period;

(C) substantial improvement in the energy efficiency of

products of such type (or class) is technologically feasible; and

(D) the application of a labeling rule under section 6294 of

this title to such type (or class) is not likely to be sufficient

to induce manufacturers to produce, and consumers and other

persons to purchase, covered products of such type (or class)

which achieve the maximum energy efficiency which is

technologically feasible and economically justified.

(2) Any new or amended standard for covered products of a type

specified in paragraph (19) of section 6292(a) of this title shall

not apply to products manufactured within five years after the

publication of a final rule establishing such standard.

(3) The Secretary may, in accordance with subsections (o) and (p)

of this section, prescribe an energy conservation standard for

television sets. Any such standard may not become effective with

respect to products manufactured before January 1, 1992.

(m) Further rulemaking

After issuance of the last final rules required under subsections

(b) through (i) of this section, the Secretary may publish final

rules to determine whether standards for a covered product should

be amended. An amendment prescribed under this subsection shall

apply to products manufactured after a date which is 5 years after

-

(A) the effective date of the previous amendment made pursuant

to this part; or

(B) if the previous final rule published under this part did

not amend the standard, the earliest date by which a previous

amendment could have been in effect, except that in no case may

an amended standard apply to products manufactured within 3 years

(for refrigerators, refrigerator-freezers, and freezers, room air

conditioners, dishwashers, clothes washers, clothes dryers,

fluorescent lamp ballasts, and kitchen ranges and ovens) or 5

years (for central air conditioners and heat pumps, water

heaters, pool heaters, direct heating equipment and furnaces)

after publication of the final rule establishing a standard.

(n) Petition for amended standard

(1) With respect to each covered product described in paragraphs

(1) through (11), and in paragraphs (13) and (14) of section

6292(a) of this title, any person may petition the Secretary to

conduct a rulemaking to determine for a covered product if the

standards contained either in the last final rule required under

subsections (b) through (i) of this section or in a final rule

published under this section should be amended.

(2) The Secretary shall grant a petition if he finds that it

contains evidence which, assuming no other evidence were

considered, provides an adequate basis for amending the standards

under the following criteria -

(A) amended standards will result in significant conservation

of energy;

(B) amended standards are technologically feasible; and

(C) amended standards are cost effective as described in

subsection (o)(2)(B)(i)(II) of this section.

The grant of a petition by the Secretary under this subsection

creates no presumption with respect to the Secretary's

determination of any of the criteria in a rulemaking under this

section.

(3) An amendment prescribed under this subsection shall apply to

products manufactured after a date which is 5 years after -

(A) the effective date of the previous amendment pursuant to

this part; or

(B) if the previous final rule published under this part did

not amend the standard, the earliest date by which a previous

amendment could have been in effect, except that in no case may

an amended standard apply to products manufactured within 3 years

(for refrigerators, refrigerator-freezers, and freezers, room air

conditioners, dishwashers, clothes washers, clothes dryers,

fluorescent lamp ballasts, general service fluorescent lamps,

incandescent reflector lamps, and kitchen ranges and ovens) or 5

years (for central air conditioners and heat pumps, water

heaters, pool heaters, direct heating equipment and furnaces)

after publication of the final rule establishing a standard.

(o) Criteria for prescribing new or amended standards

(1) The Secretary may not prescribe any amended standard which

increases the maximum allowable energy use, or, in the case of

showerheads, faucets, water closets, or urinals, water use, or

decreases the minimum required energy efficiency, of a covered

product.

(2)(A) Any new or amended energy conservation standard prescribed

by the Secretary under this section for any type (or class) of

covered product shall be designed to achieve the maximum

improvement in energy efficiency, or, in the case of showerheads,

faucets, water closets, or urinals, water efficiency, which the

Secretary determines is technologically feasible and economically

justified.

(B)(i) In determining whether a standard is economically

justified, the Secretary shall, after receiving views and comments

furnished with respect to the proposed standard, determine whether

the benefits of the standard exceed its burdens by, to the greatest

extent practicable, considering -

(I) the economic impact of the standard on the manufacturers

and on the consumers of the products subject to such standard;

(II) the savings in operating costs throughout the estimated

average life of the covered product in the type (or class)

compared to any increase in the price of, or in the initial

charges for, or maintenance expenses of, the covered products

which are likely to result from the imposition of the standard;

(III) the total projected amount of energy, or as applicable,

water, savings likely to result directly from the imposition of

the standard;

(IV) any lessening of the utility or the performance of the

covered products likely to result from the imposition of the

standard;

(V) the impact of any lessening of competition, as determined

in writing by the Attorney General, that is likely to result from

the imposition of the standard;

(VI) the need for national energy and water conservation; and

(VII) other factors the Secretary considers relevant.

(ii) For purposes of clause (i)(V), the Attorney General shall

make a determination of the impact, if any, of any lessening of

competition likely to result from such standard and shall transmit

such determination, not later than 60 days after the publication of

a proposed rule prescribing or amending an energy conservation

standard, in writing to the Secretary, together with an analysis of

the nature and extent of such impact. Any such determination and

analysis shall be published by the Secretary in the Federal

Register.

(iii) If the Secretary finds that the additional cost to the

consumer of purchasing a product complying with an energy

conservation standard level will be less than three times the value

of the energy, and as applicable, water, savings during the first

year that the consumer will receive as a result of the standard, as

calculated under the applicable test procedure, there shall be a

rebuttable presumption that such standard level is economically

justified. A determination by the Secretary that such criterion is

not met shall not be taken into consideration in the Secretary's

determination of whether a standard is economically justified.

(3) The Secretary may not prescribe an amended or new standard

under this section for a type (or class) of covered product if -

(A) for products other than dishwashers, clothes washers,

clothes dryers, and kitchen ranges and ovens, a test procedure

has not been prescribed pursuant to section 6293 of this title

with respect to that type (or class) of product; or

(B) the Secretary determines, by rule, that the establishment

of such standard will not result in significant conservation of

energy or, in the case of showerheads, faucets, water closets, or

urinals, water, or that the establishment of such standard is not

technologically feasible or economically justified.

For purposes of section 6297 of this title, a determination under

subparagraph (B) with respect to any type (or class) of covered

products shall have the same effect as would a standard prescribed

for such type (or class).

(4) The Secretary may not prescribe an amended or new standard

under this section if the Secretary finds (and publishes such

finding) that interested persons have established by a

preponderance of the evidence that the standard is likely to result

in the unavailability in the United States in any covered product

type (or class) of performance characteristics (including

reliability), features, sizes, capacities, and volumes that are

substantially the same as those generally available in the United

States at the time of the Secretary's finding. The failure of some

types (or classes) to meet this criterion shall not affect the

Secretary's determination of whether to prescribe a standard for

other types (or classes).

(p) Procedure for prescribing new or amended standards

Any new or amended energy conservation standard shall be

prescribed in accordance with the following procedure:

(1) The Secretary -

(A) shall publish an advance notice of proposed rulemaking

which specifies the type (or class) of covered products to

which the rule may apply;

(B) shall invite interested persons to submit, within 60 days

after the date of publication of such advance notice, written

presentations of data, views, and arguments in response to such

notice; and

(C) may identify proposed or amended standards that may be

prescribed.

(2) A proposed rule which prescribes an amended or new energy

conservation standard or prescribes no amendment or no new

standard for a type (or class) of covered products shall be

published in the Federal Register. In prescribing any such

proposed rule with respect to a standard, the Secretary shall

determine the maximum improvement in energy efficiency or maximum

reduction in energy use that is technologically feasible for each

type (or class) of covered products. If such standard is not

designed to achieve such efficiency or use, the Secretary shall

state in the proposed rule the reasons therefor.

(3) After the publication of such proposed rulemaking, the

Secretary shall, in accordance with section 6306 of this title,

afford interested persons an opportunity, during a period of not

less than 60 days, to present oral and written comments

(including an opportunity to question those who make such

presentations, as provided in such section) on matters relating

to such proposed rule, including -

(A) whether the standard to be prescribed is economically

justified (taking into account those factors which the

Secretary must consider under subsection (o)(2) of this

section) or will result in the effects described in subsection

(o)(4) of this section;

(B) whether the standard will achieve the maximum improvement

in energy efficiency which is technologically feasible;

(C) if the standard will not achieve such improvement,

whether the reasons for not achieving such improvement are

adequate; and

(D) whether such rule should prescribe a level of energy use

or efficiency which is higher or lower than that which would

otherwise apply in the case of any group of products within the

type (or class) that will be subject to such standard.

(4) A final rule prescribing an amended or new energy

conservation standard or prescribing no amended or new standard

for a type (or class) of covered products shall be published as

soon as is practicable, but not less than 90 days, after

publication of the proposed rule in the Federal Register.

(q) Special rule for certain types or classes of products

(1) A rule prescribing an energy conservation standard for a type

(or class) of covered products shall specify a level of energy use

or efficiency higher or lower than that which applies (or would

apply) for such type (or class) for any group of covered products

which have the same function or intended use, if the Secretary

determines that covered products within such group -

(A) consume a different kind of energy from that consumed by

other covered products within such type (or class); or

(B) have a capacity or other performance-related feature which

other products within such type (or class) do not have and such

feature justifies a higher or lower standard from that which

applies (or will apply) to other products within such type (or

class).

In making a determination under this paragraph concerning whether a

performance-related feature justifies the establishment of a higher

or lower standard, the Secretary shall consider such factors as the

utility to the consumer of such a feature, and such other factors

as the Secretary deems appropriate.

(2) Any rule prescribing a higher or lower level of energy use or

efficiency under paragraph (1) shall include an explanation of the

basis on which such higher or lower level was established.

(r) Inclusion in standards of test procedures and other

requirements

Any new or amended energy conservation standard prescribed under

this section shall include, where applicable, test procedures

prescribed in accordance with section 6293 of this title and may

include any requirement which the Secretary determines is necessary

to assure that each covered product to which such standard applies

meets the required minimum level of energy efficiency or maximum

quantity of energy use specified in such standard.

(s) Determination of compliance with standards

Compliance with, and performance under, the energy conservation

standards (except for design standards authorized by this part)

established in, or prescribed under, this section shall be

determined using the test procedures and corresponding compliance

criteria prescribed under section 6293 of this title.

(t) Small manufacturer exemption

(1) Subject to paragraph (2), the Secretary may, on application

of any manufacturer, exempt such manufacturer from all or part of

the requirements of any energy conservation standard established in

or prescribed under this section for any period not longer than the

24-month period beginning on the date such rule becomes effective,

if the Secretary finds that the annual gross revenues of such

manufacturer from all its operations (including the manufacture and

sale of covered products) does not exceed $8,000,000 for the

12-month period preceding the date of the application. In making

such finding with respect to any manufacturer, the Secretary shall

take into account the annual gross revenues of any other person who

controls, is controlled by, or is under common control with, such

manufacturer.

(2) The Secretary may not exercise the authority granted under

paragraph (1) with respect to any type (or class) of covered

product subject to an energy conservation standard under this

section unless the Secretary makes a finding, after obtaining the

written views of the Attorney General, that a failure to allow an

exemption under paragraph (1) would likely result in a lessening of

competition.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 325, Dec. 22, 1975, 89 Stat. 923;

Pub. L. 94-385, title I, Sec. 161, Aug. 14, 1976, 90 Stat. 1140;

Pub. L. 95-619, title IV, Sec. 422, Nov. 9, 1978, 92 Stat. 3259;

Pub. L. 100-12, Sec. 5, Mar. 17, 1987, 101 Stat. 107; Pub. L.

100-357, Sec. 2(e), June 28, 1988, 102 Stat. 673; Pub. L. 102-486,

title I, Sec. 123(f), Oct. 24, 1992, 106 Stat. 2824; Pub. L.

105-388, Sec. 5(a)(5), Nov. 13, 1998, 112 Stat. 3478.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (j)(3)(A)(iii) and

(k)(3)(A)(iii), 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.

-MISC1-

AMENDMENTS

1998 - Subsec. (e)(4)(A). Pub. L. 105-388, Sec. 5(a)(5)(A),

substituted "paragraph" for "paragraphs".

Subsec. (g). Pub. L. 105-388, Sec. 5(a)(5)(B), substituted

"ballasts" for "ballasts;" in heading.

1992 - Subsecs. (i) to (k). Pub. L. 102-486, Sec. 123(f)(2),

added subsecs. (i) to (k). Former subsecs. (i) to (k) redesignated

(l) to (n), respectively.

Subsec. (l). Pub. L. 102-486, Sec. 123(f)(1), redesignated

subsec. (i) as (l). Former subsec. (l) redesignated (o).

Subsec. (l)(1). Pub. L. 102-486, Sec. 123(f)(3), substituted

"paragraph (19)" for "paragraph (14)" and "subsections (o) and (p)"

for "subsections (l) and (m)".

Subsec. (l)(2). Pub. L. 102-486, Sec. 123(f)(3)(A), substituted

"(19)" for "(14)".

Subsec. (l)(3). Pub. L. 102-486, Sec. 123(f)(3)(B), substituted

"(o) and (p)" for "(l) and (m)".

Subsec. (m). Pub. L. 102-486, Sec. 123(f)(1), (4), redesignated

subsec. (j) as (m) and substituted "(i)" for "(h)" in introductory

provisions. Former subsec. (m) redesignated (p).

Subsec. (n). Pub. L. 102-486, Sec. 123(f)(1), redesignated

subsec. (k) as (n). Former subsec. (n) redesignated (q).

Subsec. (n)(1). Pub. L. 102-486, Sec. 123(f)(5)(A), substituted

", and in paragraphs (13) and (14)" for "and in paragraph (13)" and

"subsections (b) through (i)" for "subsections (b) through (h)".

Subsec. (n)(2)(C). Pub. L. 102-486, Sec. 123(f)(5)(B),

substituted "subsection (o)(2)(B)(i)(II)" for "subsection

(l)(2)(B)(i)(II)".

Subsec. (n)(3)(B). Pub. L. 102-486, Sec. 123(f)(5)(C), inserted

"general service fluorescent lamps, incandescent reflector lamps,"

after "fluorescent lamp ballasts,".

Subsec. (o). Pub. L. 102-486, Sec. 123(f)(1), redesignated

subsec. (l) as (o). Former subsec. (o) redesignated (r).

Subsec. (o)(1). Pub. L. 102-486, Sec. 123(f)(6)(A), inserted "or,

in the case of showerheads, faucets, water closets, or urinals,

water use," after "energy use,".

Subsec. (o)(2)(A). Pub. L. 102-486, Sec. 123(f)(6)(B), inserted

", or, in the case of showerheads, faucets, water closets, or

urinals, water efficiency," after "energy efficiency".

Subsec. (o)(2)(B)(i)(III). Pub. L. 102-486, Sec. 123(f)(6)(C),

inserted ", or as applicable, water," after "energy".

Subsec. (o)(2)(B)(i)(VI). Pub. L. 102-486, Sec. 123(f)(6)(D),

inserted "and water" after "energy".

Subsec. (o)(2)(B)(iii). Pub. L. 102-486, Sec. 123(f)(6)(E),

substituted "energy, and as applicable, water, savings" for "energy

savings".

Subsec. (o)(3)(B). Pub. L. 102-486, Sec. 123(f)(6)(F), inserted

", in the case of showerheads, faucets, water closets, or urinals,

water, or" after "energy or".

Subsec. (p). Pub. L. 102-486, Sec. 123(f)(1), redesignated

subsec. (m) as (p). Former subsec. (p) redesignated (s).

Subsec. (p)(3)(A). Pub. L. 102-486, Sec. 123(f)(7), substituted

"subsection (o)(2)" for "subsection (l)(2)" and "subsection (o)(4)"

for "subsection (l)(4)".

Subsecs. (q) to (t). Pub. L. 102-486, Sec. 123(f)(1),

redesignated subsecs. (n) to (q) as (q) to (t), respectively.

1988 - Subsec. (e)(1)(C). Pub. L. 100-357, Sec. 2(e)(3), inserted

"Volume" after "Rated Storage".

Subsec. (g). Pub. L. 100-357, Sec. 2(e)(1)(A), inserted ";

fluorescent lamp ballasts;" in heading.

Subsec. (g)(5) to (7). Pub. L. 100-357, Sec. 2(e)(1)(B), added

pars. (5) to (7).

Subsec. (i)(1), (2). Pub. L. 100-357, Sec. 2(e)(2), substituted

"(14)" for "(13)".

Subsec. (j)(B). Pub. L. 100-357, Sec. 2(e)(4)(A), inserted

"fluorescent lamp ballasts," after "clothes dryers," and

substituted "heating" for "hearing".

Subsec. (k)(1). Pub. L. 100-357, Sec. 2(e)(4)(B)(i), inserted

"and in paragraph (13)" after "(11)".

Subsec. (k)(3)(B). Pub. L. 100-357, Sec. 2(e)(4)(B)(ii), inserted

"fluorescent lamp ballasts," after "clothes dryers,".

1987 - Pub. L. 100-12 amended section generally, revising and

restating as subsecs. (a) to (q) provisions formerly contained in

subsecs. (a) to (j).

1978 - Subsec. (a). Pub. L. 95-619 substituted provisions

authorizing Secretary to prescribe an energy efficiency standard

for each type of covered product specified in section 6292(a)(1) to

(13) of this title, authorizing such prescription for any type of

covered product specified in section 6292(a)(14) of this title

where certain conditions are found to exist, and requiring

publication of a list of those types of covered products considered

subject to prescribed standards in the Federal Register not later

than two years after Nov. 9, 1978, for provisions requiring the

Administrator, meaning the Administrator of the Federal Energy

Administration, to direct the National Bureau of Standards to

develop an energy efficiency improvement target for each type of

covered product listed in section 6292(a)(1) to (10) of this title,

requiring prescription of such a target by the Administrator not

later than ninety days after Aug. 14, 1976, requiring such targets

be designed to exceed by 1980 by at least twenty percent the

aggregate energy efficiency of the covered products as manufactured

in 1972, requiring similar energy efficiency targets be prescribed

for covered products specified in section 6292(a)(11) to (13) of

this title not later than one year after Aug. 14, 1976, authorizing

the Administrator to modify periodically any established targets,

requiring the manufacturers of any covered products to submit

reports as requested by the Administrator to help in establishing

and reaching such targets, authorizing the Administrator to

commence proceedings in certain situations to prescribe initial or

revised targets, specifying when improvements of energy efficiency

are economically justified, and authorizing the Attorney General to

determine any negative effects on competition so as to make certain

improvements economically unjustified.

Subsec. (b). Pub. L. 95-619 substituted provisions specifying

preconditions for prescription of a standard for a type or class of

covered products for provisions specifying the procedure to be

followed in prescribing energy efficiency standards.

Subsec. (c). Pub. L. 95-619 substituted provisions requiring

energy efficiency standards for each type of covered products be

designed to achieve the maximum improvement in energy efficiency

which the Secretary determines feasible and justified and requiring

such standards be phased in over a period not to exceed five years

for provisions relating to the prescription of test procedures and

the requirements necessary to meet minimum energy efficiency

levels.

Subsec. (d). Pub. L. 95-619 substituted provisions relating to a

determination by the Secretary of the economic justification of any

particular energy efficiency standard and a determination by the

Attorney General of the impact on competition of any proposed

standard for provisions relating to labeling rules.

Subsecs. (e) to (j). Pub. L. 95-619 added subsecs. (e) to (j).

1976 - Subsec. (a)(1)(A). Pub. L. 94-385, Sec. 161(a),

transferred authority to determine energy targets from the

Administrator to the National Bureau of Standards and substituted

90 days after August 14, 1976, for 180 days after December 22,

1975, for the promulgation of rules by the Administrator.

Subsec. (a)(2). Pub. L. 94-385, Sec. 161(b), transferred

authority to determine energy targets from the Administrator to the

National Bureau of Standards and substituted one year after August

14, 1976, for one year after December 22, 1975, for the

promulgation of rules by the Administrator.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6291, 6293, 6294, 6296,

6297, 6302, 6304, 6305, 6306, 6307, 6316, 6317 of this title.

-End-

-CITE-

42 USC Sec. 6296 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A - Energy Conservation Program for Consumer Products Other

Than Automobiles

-HEAD-

Sec. 6296. Requirements of manufacturers

-STATUTE-

(a) In general

Each manufacturer of a covered product to which a rule under

section 6294 of this title applies shall provide a label which

meets, and is displayed in accordance with, the requirements of

such rule. If such manufacturer or any distributor, retailer, or

private labeler of such product advertises such product in a

catalog from which it may be purchased, such catalog shall contain

all information required to be displayed on the label, except as

otherwise provided by rule of the Commission. The preceding

sentence shall not require that a catalog contain information

respecting a covered product if the distribution of such catalog

commenced before the effective date of the labeling rule under

section 6294 of this title applicable to such product.

(b) Notification

(1) Each manufacturer of a covered product to which a rule under

section 6294 of this title applies shall notify the Secretary or

the Commission -

(A) not later than 60 days after the date such rule takes

effect, of the models in current production (and starting serial

numbers of those models) to which such rule applies; and

(B) prior to commencement of production, of all models

subsequently produced (and starting serial numbers of those

models) to which such rule applies.

(2) If requested by the Secretary or Commission, the manufacturer

of a covered product to which a rule under section 6294 of this

title applies shall provide, within 30 days of the date of the

request, the data from which the information included on the label

and required by the rule was derived. Data shall be kept on file by

the manufacturer for a period specified in the rule.

(3) When requested -

(A) by the Secretary for purposes of ascertaining whether a

product subject to a standard established in or prescribed under

section 6295 of this title is in compliance with that standard,

or

(B) by the Commission for purposes of ascertaining whether the

information set out on a label of a product, as required under

section 6294 of this title, is accurate,

each manufacturer of such a product shall supply at his expense a

reasonable number of such covered products to any laboratory

designated by the Secretary or the Commission, as the case may be.

Any reasonable charge levied by the laboratory for such testing

shall be borne by the United States, if and to the extent provided

in appropriation Acts.

(4) Each manufacturer of a covered product to which a rule under

section 6294 of this title applies shall annually, at a time

specified by the Commission, supply to the Commission relevant data

respecting energy consumption or water use developed in accordance

with the test procedures applicable to such product under section

6293 of this title.

(5) A rule under section 6293, 6294, or 6295 of this title may

require the manufacturer or his agent to permit a representative

designated by the Commission or the Secretary to observe any

testing required by this part and inspect the results of such

testing.

(c) Deadline

Each manufacturer shall use labels reflecting the range data

required to be disclosed under section 6294(c)(1)(B) of this title

after the expiration of 60 days following the date of publication

of any revised table of ranges unless the rule under section 6294

of this title provides for a later date. The Commission may not

require labels be changed to reflect revised tables of ranges more

often than annually.

(d) Information requirements

(1) For purposes of carrying out this part, the Secretary may

require, under this part or other provision of law administered by

the Secretary, each manufacturer of a covered product to submit

information or reports to the Secretary with respect to energy

efficiency, energy use, or, in the case of showerheads, faucets,

water closets, and urinals, water use of such covered product and

the economic impact of any proposed energy conservation standard,

as the Secretary determines may be necessary to establish and

revise test procedures, labeling rules, and energy conservation

standards for such product and to insure compliance with the

requirements of this part. In making any determination under this

paragraph, the Secretary shall consider existing public sources of

information, including nationally recognized certification programs

of trade associations.

(2) The Secretary shall exercise authority under this section in

a manner designed to minimize unnecessary burdens on manufacturers

of covered products.

(3) The provisions of section 796(d) of title 15 shall apply with

respect to information obtained under this subsection to the same

extent and in the same manner as they apply with respect to energy

information obtained under section 796 of title 15.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 326, Dec. 22, 1975, 89 Stat. 926;

Pub. L. 95-619, title IV, Sec. 425(d), title VI, Sec. 691(b)(2),

Nov. 9, 1978, 92 Stat. 3265, 3288; Pub. L. 100-12, Secs. 6,

11(a)(2), (b)(3), Mar. 17, 1987, 101 Stat. 117, 125; Pub. L.

102-486, title I, Sec. 123(g), Oct. 24, 1992, 106 Stat. 2829.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(4). Pub. L. 102-486, Sec. 123(g)(1), inserted

"or water use" after "consumption".

Subsec. (d)(1). Pub. L. 102-486, Sec. 123(g)(2), substituted ",

energy use, or, in the case of showerheads, faucets, water closets,

and urinals, water use" for "or energy use".

1987 - Subsec. (a). Pub. L. 100-12, Sec. 11(b)(3)(A), inserted

heading.

Subsec. (b). Pub. L. 100-12, Sec. 11(b)(3)(B), inserted heading.

Subsec. (b)(3)(A). Pub. L. 100-12, Sec. 11(a)(2), inserted

"established in or" before "prescribed under".

Subsec. (c). Pub. L. 100-12, Sec. 11(b)(3)(C), inserted heading.

Subsec. (d). Pub. L. 100-12, Sec. 6, inserted "Information

requirements" as heading and amended text generally. Prior to

amendment, text read as follows: "For purposes of carrying out this

part, the Secretary may require, under authority otherwise

available to him under this part or other provisions of law

administered by him, each manufacturer of covered products to

submit such information or reports of any kind or nature directly

to the Secretary with respect to energy efficiency of such covered

products, and with respect to the economic impact of any proposed

energy efficiency standard, as the Secretary determines may be

necessary to establish and revise test procedures, labeling rules,

and energy efficiency standards for such products and to insure

compliance with the requirements of this part. The provisions of

section 796(d) of title 15 shall apply with respect to information

obtained under this subsection to the same extent and in the same

manner as it applies with respect to energy information obtained

under section 796 of title 15."

1978 - Subsec. (b)(1). Pub. L. 95-619, Sec. 425(d)(2), inserted

requirement that manufacturers of covered products give notice to

the Secretary of models affected by rules promulgated under section

6294 of this title and expanded the notice requirement itself to

include models manufactured more than sixty days after the date a

particular rule takes effect.

Subsec. (b)(2). Pub. L. 95-619, Sec. 691(b)(2), substituted

"Secretary" for "Administrator", meaning Administrator of the

Federal Energy Administration.

Subsec. (b)(3). Pub. L. 95-619, Sec. 425(d)(3), authorized

Secretary to request submission of covered products for purposes of

ascertaining whether a particular product complies with standards

under section 6295 of this title and also authorized Secretary to

designate testing laboratories for the submitted products.

Subsec. (b)(5). Pub. L. 95-619, Sec. 691(b)(2), substituted

"Secretary" for "Administrator".

Subsec. (d). Pub. L. 95-619, Sec. 425(d)(1), added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6302 to 6304, 6316 of

this title.

-End-

-CITE-

42 USC Sec. 6297 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A - Energy Conservation Program for Consumer Products Other

Than Automobiles

-HEAD-

Sec. 6297. Effect on other law

-STATUTE-

(a) Preemption of testing and labeling requirements

(1) Effective on March 17, 1987, this part supersedes any State

regulation insofar as such State regulation provides at any time

for the disclosure of information with respect to any measure of

energy consumption or water use of any covered product if -

(A) such State regulation requires testing or the use of any

measure of energy consumption, water use, or energy descriptor in

any manner other than that provided under section 6293 of this

title; or

(B) such State regulation requires disclosure of information

with respect to the energy use, energy efficiency, or water use

of any covered product other than information required under

section 6294 of this title.

(2) For purposes of this section, the following definitions

apply:

(A) The term "State regulation" means a law, regulation, or

other requirement of a State or its political subdivisions. With

respect to showerheads, faucets, water closets, and urinals, such

term shall also mean a law, regulation, or other requirement of a

river basin commission that has jurisdiction within a State.

(B) The term "river basin commission" means -

(i) a commission established by interstate compact to

apportion, store, regulate, or otherwise manage or coordinate

the management of the waters of a river basin; and

(ii) a commission established under section 1962b(a) of this

title.

(b) General rule of preemption for energy conservation standards

before Federal standard becomes effective for product

Effective on March 17, 1987, and ending on the effective date of

an energy conservation standard established under section 6295 of

this title for any covered product, no State regulation, or

revision thereof, concerning the energy efficiency, energy use, or

water use of the covered product shall be effective with respect to

such covered product, unless the State regulation or revision -

(1) was prescribed or enacted before January 8, 1987, and is

applicable to products before January 3, 1988, or in the case of

any portion of any regulation which establishes requirements for

fluorescent lamp ballasts, was prescribed or enacted before June

28, 1988, or in the case of any portion of any regulation which

establishes requirements for fluorescent or incandescent lamps,

flow rate requirements for showerheads or faucets, or water use

requirements for water closets or urinals, was prescribed or

enacted before October 24, 1992;

(2) is a State procurement regulation described in subsection

(e) of this section;

(3) is a regulation described in subsection (f)(1) of this

section or is prescribed or enacted in a building code for new

construction described in subsection (f)(2) of this section;

(4) is a regulation prohibiting the use in pool heaters of a

constant burning pilot, or is a regulation (or portion thereof)

regulating fluorescent lamp ballasts other than those to which

paragraph (5) of section 6295(g) of this title is applicable, or

is a regulation (or portion thereof) regulating fluorescent or

incandescent lamps other than those to which section 6295(i) of

this title is applicable, or is a regulation (or portion thereof)

regulating showerheads or faucets other than those to which

section 6295(j) of this title is applicable or regulating

lavatory faucets (other than metering faucets) for installation

in public places, or is a regulation (or portion thereof)

regulating water closets or urinals other than those to which

section 6295(k) of this title is applicable;

(5) is a regulation described in subsection (d)(5)(B) of this

section for which a waiver has been granted under subsection (d)

of this section;

(6) is a regulation effective on or after January 1, 1992,

concerning the energy efficiency or energy use of television

sets; or

(7) is a regulation (or portion thereof) concerning the water

efficiency or water use of low consumption flushometer valve

water closets.

(c) General rule of preemption for energy conservation standards

when Federal standard becomes effective for product

Except as provided in section 6295(b)(3)(A)(ii) of this title,

subparagraphs (B) and (C) of section 6295(j)(3) of this title, and

subparagraphs (B) and (C) of section 6295(k)(3) of this title and

effective on the effective date of an energy conservation standard

established in or prescribed under section 6295 of this title for

any covered product, no State regulation concerning the energy

efficiency, energy use, or water use of such covered product shall

be effective with respect to such product unless the regulation -

(1) is a regulation described in paragraph (2) or (4) of

subsection (b) of this section, except that a State regulation

(or portion thereof) regulating fluorescent lamp ballasts other

than those to which paragraph (5) of section 6295(g) of this

title is applicable shall be effective only until the effective

date of a standard that is prescribed by the Secretary under

paragraph (7) of such section and is applicable to such ballasts,

except that a State regulation (or portion thereof) regulating

fluorescent or incandescent lamps other than those for which

section 6295(i) of this title is applicable shall be effective

only until the effective date of a standard that is prescribed by

the Secretary and is applicable to such lamps;

(2) is a regulation which has been granted a waiver under

subsection (d) of this section;

(3) is in a building code for new construction described in

subsection (f)(3) of this section;

(4) is a regulation concerning the water use of lavatory

faucets adopted by the State of New York or the State of Georgia

before October 24, 1992;

(5) is a regulation concerning the water use of lavatory or

kitchen faucets adopted by the State of Rhode Island prior to

October 24, 1992; or

(6) is a regulation (or portion thereof) concerning the water

efficiency or water use of gravity tank-type low consumption

water closets for installation in public places, except that such

a regulation shall be effective only until January 1, 1997.

(d) Waiver of Federal preemption

(1)(A) Any State or river basin commission with a State

regulation which provides for any energy conservation standard or

other requirement with respect to energy use, energy efficiency, or

water use for any type (or class) of covered product for which

there is a Federal energy conservation standard under section 6295

of this title may file a petition with the Secretary requesting a

rule that such State regulation become effective with respect to

such covered product.

(B) Subject to paragraphs (2) through (5), the Secretary shall,

within the period described in paragraph (2) and after

consideration of the petition and the comments of interested

persons, prescribe such rule if the Secretary finds (and publishes

such finding) that the State or river basin commission has

established by a preponderance of the evidence that such State

regulation is needed to meet unusual and compelling State or local

energy or water interests.

(C) For purposes of this subsection, the term "unusual and

compelling State or local energy or water interests" means

interests which -

(i) are substantially different in nature or magnitude than

those prevailing in the United States generally; and

(ii) are such that the costs, benefits, burdens, and

reliability of energy or water savings resulting from the State

regulation make such regulation preferable or necessary when

measured against the costs, benefits, burdens, and reliability of

alternative approaches to energy or water savings or production,

including reliance on reasonably predictable market-induced

improvements in efficiency of all products subject to the State

regulation.

The factors described in clause (ii) shall be evaluated within the

context of the State's energy plan and forecast, and, with respect

to a State regulation for which a petition has been submitted to

the Secretary which provides for any energy conservation standard

or requirement with respect to water use of a covered product,

within the context of the water supply and groundwater management

plan, water quality program, and comprehensive plan (if any) of the

State or river basin commission for improving, developing, or

conserving a waterway affected by water supply development.

(2) The Secretary shall give notice of any petition filed under

paragraph (1)(A) and afford interested persons a reasonable

opportunity to make written comments, including rebuttal comments,

thereon. The Secretary shall, within the 6-month period beginning

on the date on which any such petition is filed, deny such petition

or prescribe the requested rule, except that the Secretary may

publish a notice in the Federal Register extending such period to a

date certain but no longer than one year after the date on which

the petition was filed. Such notice shall include the reasons for

delay. In the case of any denial of a petition under this

subsection, the Secretary shall publish in the Federal Register

notice of, and the reasons for, such denial.

(3) The Secretary may not prescribe a rule under this subsection

if the Secretary finds (and publishes such finding) that interested

persons have established, by a preponderance of the evidence, that

such State regulation will significantly burden manufacturing,

marketing, distribution, sale, or servicing of the covered product

on a national basis. In determining whether to make such finding,

the Secretary shall evaluate all relevant factors, including -

(A) the extent to which the State regulation will increase

manufacturing or distribution costs of manufacturers,

distributors, and others;

(B) the extent to which the State regulation will disadvantage

smaller manufacturers, distributors, or dealers or lessen

competition in the sale of the covered product in the State;

(C) the extent to which the State regulation would cause a

burden to manufacturers to redesign and produce the covered

product type (or class), taking into consideration the extent to

which the regulation would result in a reduction -

(i) in the current models, or in the projected availability

of models, that could be shipped on the effective date of the

regulation to the State and within the United States; or

(ii) in the current or projected sales volume of the covered

product type (or class) in the State and the United States; and

(D) the extent to which the State regulation is likely to

contribute significantly to a proliferation of State appliance

efficiency requirements and the cumulative impact such

requirements would have.

(4) The Secretary may not prescribe a rule under this subsection

if the Secretary finds (and publishes such finding) that interested

persons have established, by a preponderance of the evidence, that

the State regulation is likely to result in the unavailability in

the State of any covered product type (or class) of performance

characteristics (including reliability), features, sizes,

capacities, and volumes that are substantially the same as those

generally available in the State at the time of the Secretary's

finding, except that the failure of some classes (or types) to meet

this criterion shall not affect the Secretary's determination of

whether to prescribe a rule for other classes (or types).

(5) No final rule prescribed by the Secretary under this

subsection may -

(A) permit any State regulation to become effective with

respect to any covered product manufactured within three years

after such rule is published in the Federal Register or within

five years if the Secretary finds that such additional time is

necessary due to the substantial burdens of retooling, redesign,

or distribution needed to comply with the State regulation; or

(B) become effective with respect to a covered product

manufactured before the earliest possible effective date

specified in section 6295 of this title for the initial amendment

of the energy conservation standard established in such section

for the covered product; except that such rule may become

effective before such date if the Secretary finds (and publishes

such finding) that, in addition to the other requirements of this

subsection the State has established, by a preponderance of the

evidence, that -

(i) there exists within the State an energy emergency

condition or, if the State regulation provides for an energy

conservation standard or other requirement with respect to the

water use of a covered product for which there is a Federal

energy conservation standard under subsection (j) or (k) of

section 6295 of this title, a water emergency condition, which

-

(I) imperils the health, safety, and welfare of its

residents because of the inability of the State or utilities

within the State to provide adequate quantities of gas or

electric energy or, in the case of a water emergency

condition, water or wastewater treatment, to its residents at

less than prohibitive costs; and

(II) cannot be substantially alleviated by the importation

of energy or, in the case of a water emergency condition, by

the importation of water, or by the use of interconnection

agreements; and

(ii) the State regulation is necessary to alleviate

substantially such condition.

(6) In any case in which a State is issued a rule under paragraph

(1) with respect to a covered product and subsequently a Federal

energy conservation standard concerning such product is amended

pursuant to section 6295 of this title, any person subject to such

State regulation may file a petition with the Secretary requesting

the Secretary to withdraw the rule issued under paragraph (1) with

respect to such product in such State. The Secretary shall consider

such petition in accordance with the requirements of paragraphs

(1), (3), and (4), except that the burden shall be on the

petitioner to show by a preponderance of the evidence that the rule

received by the State under paragraph (1) should be withdrawn as a

result of the amendment to the Federal standard. If the Secretary

determines that the petitioner has shown that the rule issued by

the State should be so withdrawn, the Secretary shall withdraw it.

(e) Exception for certain State procurement standards

Any State regulation which sets forth procurement standards for a

State (or political subdivision thereof) shall not be superseded by

the provisions of this part if such standards are more stringent

than the corresponding Federal energy conservation standards.

(f) Exception for certain building code requirements

(1) A regulation or other requirement enacted or prescribed

before January 8, 1987, that is contained in a State or local

building code for new construction concerning the energy efficiency

or energy use of a covered product is not superseded by this part

until the effective date of the energy conservation standard

established in or prescribed under section 6295 of this title for

such covered product.

(2) A regulation or other requirement, or revision thereof,

enacted or prescribed on or after January 8, 1987, that is

contained in a State or local building code for new construction

concerning the energy efficiency or energy use of a covered product

is not superseded by this part until the effective date of the

energy conservation standard established in or prescribed under

section 6295 of this title for such covered product if the code

does not require that the energy efficiency of such covered product

exceed -

(A) the applicable minimum efficiency requirement in a national

voluntary consensus standard; or

(B) the minimum energy efficiency level in a regulation or

other requirement of the State meeting the requirements of

subsection (b)(1) or (b)(5) of this section,

whichever is higher.

(3) Effective on the effective date of an energy conservation

standard for a covered product established in or prescribed under

section 6295 of this title, a regulation or other requirement

contained in a State or local building code for new construction

concerning the energy efficiency or energy use of such covered

product is not superseded by this part if the code complies with

all of the following requirements:

(A) The code permits a builder to meet an energy consumption or

conservation objective for a building by selecting items whose

combined energy efficiencies meet the objective.

(B) The code does not require that the covered product have an

energy efficiency exceeding the applicable energy conservation

standard established in or prescribed under section 6295 of this

title, except that the required efficiency may exceed such

standard up to the level required by a regulation of that State

for which the Secretary has issued a rule granting a waiver under

subsection (d) of this section.

(C) The credit to the energy consumption or conservation

objective allowed by the code for installing covered products

having energy efficiencies exceeding such energy conservation

standard established in or prescribed under section 6295 of this

title or the efficiency level required in a State regulation

referred to in subparagraph (B) is on a one-for-one equivalent

energy use or equivalent cost basis.

(D) If the code uses one or more baseline building designs

against which all submitted building designs are to be evaluated

and such baseline building designs contain a covered product

subject to an energy conservation standard established in or

prescribed under section 6295 of this title, the baseline

building designs are based on the efficiency level for such

covered product which meets but does not exceed such standard or

the efficiency level required by a regulation of that State for

which the Secretary has issued a rule granting a waiver under

subsection (d) of this section.

(E) If the code sets forth one or more optional combinations of

items which meet the energy consumption or conservation

objective, for every combination which includes a covered product

the efficiency of which exceeds either standard or level referred

to in subparagraph (D), there also shall be at least one

combination which includes such covered product the efficiency of

which does not exceed such standard or level by more than 5

percent, except that at least one combination shall include such

covered product the efficiency of which meets but does not exceed

such standard.

(F) The energy consumption or conservation objective is

specified in terms of an estimated total consumption of energy

(which may be calculated from energy loss- or gain-based codes)

utilizing an equivalent amount of energy (which may be specified

in units of energy or its equivalent cost).

(G) The estimated energy use of any covered product permitted

or required in the code, or used in calculating the objective, is

determined using the applicable test procedures prescribed under

section 6293 of this title, except that the State may permit the

estimated energy use calculation to be adjusted to reflect the

conditions of the areas where the code is being applied if such

adjustment is based on the use of the applicable test procedures

prescribed under section 6293 of this title or other technically

accurate documented procedure.

(4)(A) Subject to subparagraph (B), a State or local government

is not required to submit a petition to the Secretary in order to

enforce or apply its building code or to establish that the code

meets the conditions set forth in this subsection.

(B) If a building code requires the installation of covered

products with efficiencies exceeding both the applicable Federal

standard established in or prescribed under section 6295 of this

title and the applicable standard of such State, if any, that has

been granted a waiver under subsection (d) of this section, such

requirement of the building code shall not be applicable unless the

Secretary has granted a waiver for such requirement under

subsection (d) of this section.

(g) No warranty

Any disclosure with respect to energy use, energy efficiency, or

estimated annual operating cost which is required to be made under

the provisions of this part shall not create an express or implied

warranty under State or Federal law that such energy efficiency

will be achieved or that such energy use or estimated annual

operating cost will not be exceeded under conditions of actual use.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 327, Dec. 22, 1975, 89 Stat. 926;

Pub. L. 95-619, title IV, Sec. 424, Nov. 9, 1978, 92 Stat. 3263;

Pub. L. 100-12, Sec. 7, Mar. 17, 1987, 101 Stat. 117; Pub. L.

100-357, Sec. 2(f), June 28, 1988, 102 Stat. 674; Pub. L. 102-486,

title I, Sec. 123(h), Oct. 24, 1992, 106 Stat. 2829.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(1). Pub. L. 102-486, Sec. 123(h)(1)(A)-(C), in

introductory provisions inserted "or water use" after "energy

consumption", in par. (A) inserted ", water use," after "energy

consumption", and in par. (B) substituted ", energy efficiency, or

water use" for "or energy efficiency".

Subsec. (a)(2). Pub. L. 102-486, Sec. 123(h)(1)(D), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: "For

purposes of this section, the term 'State regulation' means a law,

regulation, or other requirement of a State or its political

subdivisions."

Subsec. (b). Pub. L. 102-486, Sec. 123(h)(2)(A), substituted ",

energy use, or water use of the covered product" for "or energy use

of the covered product".

Subsec. (b)(1). Pub. L. 102-486, Sec. 123(h)(2)(B), inserted

before semicolon at end ", or in the case of any portion of any

regulation which establishes requirements for fluorescent or

incandescent lamps, flow rate requirements for showerheads or

faucets, or water use requirements for water closets or urinals,

was prescribed or enacted before October 24, 1992".

Subsec. (b)(4). Pub. L. 102-486, Sec. 123(h)(2)(C), inserted

before semicolon at end ", or is a regulation (or portion thereof)

regulating fluorescent or incandescent lamps other than those to

which section 6295(i) of this title is applicable, or is a

regulation (or portion thereof) regulating showerheads or faucets

other than those to which section 6295(j) of this title is

applicable or regulating lavatory faucets (other than metering

faucets) for installation in public places, or is a regulation (or

portion thereof) regulating water closets or urinals other than

those to which section 6295(k) of this title is applicable".

Subsec. (b)(7). Pub. L. 102-486, Sec. 123(h)(2)(D)-(F), added

par. (7).

Subsec. (c). Pub. L. 102-486, Sec. 123(h)(3)(A), inserted ",

subparagraphs (B) and (C) of section 6295(j)(3) of this title, and

subparagraphs (B) and (C) of section 6295(k)(3) of this title"

after "section 6295(b)(3)(A)(ii) of this title" and substituted ",

energy use, or water use" for "or energy use" of this title.

Subsec. (c)(1). Pub. L. 102-486, Sec. 123(h)(3)(B) inserted

before semicolon at end ", except that a State regulation (or

portion thereof) regulating fluorescent or incandescent lamps other

than those for which section 6295(i) of this title is applicable

shall be effective only until the effective date of a standard that

is prescribed by the Secretary and is applicable to such lamps".

Subsec. (c)(4) to (6). Pub. L. 102-486, Sec. 123(h)(3)(C)-(E),

added pars. (4) to (6).

Subsec. (d)(1)(A). Pub. L. 102-486, Sec. 123(h)(4)(A), inserted

"or river basin commission" after "Any State" and substituted ",

energy efficiency, or water use" for "or energy efficiency".

Subsec. (d)(1)(B). Pub. L. 102-486, Sec. 123(h)(4)(B),

substituted "State or river basin commission has" for "State has"

and inserted "or water" after "energy".

Subsec. (d)(1)(C). Pub. L. 102-486, Sec. 123(h)(4)(C), in

introductory provisions and cl. (ii) inserted "or water" after

"energy" wherever appearing and in closing provisions inserted

before period at end ", and, with respect to a State regulation for

which a petition has been submitted to the Secretary which provides

for any energy conservation standard or requirement with respect to

water use of a covered product, within the context of the water

supply and groundwater management plan, water quality program, and

comprehensive plan (if any) of the State or river basin commission

for improving, developing, or conserving a waterway affected by

water supply development".

Subsec. (d)(5)(B)(i). Pub. L. 102-486, Sec. 123(h)(5), added cl.

(i) and struck out former cl. (i) which read as follows: "an energy

emergency condition exists within the State which -

"(I) imperils the health, safety, and welfare of its residents

because of the inability of the State or utilities within the

State to provide adequate quantities of gas or electric energy to

its residents at less than prohibitive costs; and

"(II) cannot be substantially alleviated by the importation of

energy or the use of interconnection agreements; and".

1988 - Subsec. (b)(1). Pub. L. 100-357, Sec. 2(f)(1), inserted

before semicolon ", or in the case of any portion of any regulation

which establishes requirements for fluorescent lamp ballasts, was

prescribed or enacted before June 28, 1988".

Subsec. (b)(4). Pub. L. 100-357, Sec. 2(f)(2), inserted before

semicolon ", or is a regulation (or portion thereof) regulating

fluorescent lamp ballasts other than those to which paragraph (5)

of section 6295(g) of this title is applicable".

Subsec. (c)(1). Pub. L. 100-357, Sec. 2(f)(3), inserted before

semicolon ", except that a State regulation (or portion thereof)

regulating fluorescent lamp ballasts other than those to which

paragraph (5) of section 6295(g) of this title is applicable shall

be effective only until the effective date of a standard that is

prescribed by the Secretary under paragraph (7) of such section and

is applicable to such ballasts".

1987 - Pub. L. 100-12 amended section generally, revising and

restating as subsecs. (a) to (g) provisions formerly contained in

subsecs. (a) to (e).

1978 - Subsec. (a)(2). Pub. L. 95-619, Sec. 424(b), substituted

"other requirement" for "similar requirement".

Subsec. (b). Pub. L. 95-619, Sec. 424(a), in par. (1) substituted

provisions vesting power to prescribe rules superseding State

energy efficiency regulations in the Secretary for provisions

vesting such power in the Administrator of the Federal Energy

Administration and provided that persons subject to such State

regulations were to petition the Secretary for relief therefrom

rather than the Administrator, in par. (2) inserted provisions

authorizing the supersedure of any State regulation prescribed

after Jan. 1, 1978 respecting energy use of any type of covered

product and authorizing the filing of a petition by the State for

exemption from any such supersedure, and struck out provision that

a State regulation containing a more stringent energy efficiency

standard than the corresponding Federal standard would not be

superseded, and added pars. (3) to (5).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6293, 6295, 6306, 6316 of

this title.

-End-