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

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

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  • País: Estados Unidos Estados Unidos
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-CITE-

42 USC Sec. 6298 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. 6298. Rules

-STATUTE-

The Commission and the Secretary may each issue such rules as

each deems necessary to carry out the provisions of this part.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 328, Dec. 22, 1975, 89 Stat. 928;

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6306, 6316 of this title.

-End-

-CITE-

42 USC Sec. 6299 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. 6299. Authority to obtain information

-STATUTE-

(a) In general

For purposes of carrying out this part, the Commission and the

Secretary may each sign and issue subpenas for the attendance and

testimony of witnesses and the production of relevant books,

records, papers, and other documents, and may each administer

oaths. Witnesses summoned under the provisions of this section

shall be paid the same fees and mileage as are paid to witnesses in

the courts of the United States. In case of contumacy by, or

refusal to obey a subpena served, upon any persons subject to this

part, the Commission and the Secretary may each seek an order from

the district court of the United States for any district in which

such person is found or resides or transacts business requiring

such person to appear and give testimony, or to appear and produce

documents. Failure to obey any such order is punishable by such

court as a contempt thereof.

(b) Confidentiality

Any information submitted by any person to the Secretary or the

Commission under this part shall not be considered energy

information as defined by section 796(e)(1) of title 15 for

purposes of any verification examination authorized to be conducted

by the Comptroller General under section 6381 of this title.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 329, Dec. 22, 1975, 89 Stat. 928;

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

3288; Pub. L. 100-12, Sec. 11(b)(4), Mar. 17, 1987, 101 Stat. 125.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-12 inserted headings for subsecs. (a) and (b).

1978 - 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 6316 of this title.

-End-

-CITE-

42 USC Sec. 6300 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. 6300. Exports

-STATUTE-

This part shall not apply to any covered product if (1) such

covered product is manufactured, sold, or held for sale for export

from the United States (or such product was imported for export),

unless such product is in fact distributed in commerce for use in

the United States, and (2) such covered product when distributed in

commerce, or any container in which it is enclosed when so

distributed, bears a stamp or label stating that such covered

product is intended for export.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 330, Dec. 22, 1975, 89 Stat. 928.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6316 of this title.

-End-

-CITE-

42 USC Sec. 6301 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. 6301. Imports

-STATUTE-

Any covered product offered for importation in violation of

section 6302 of this title shall be refused admission into the

customs territory of the United States under rules issued by the

Secretary of the Treasury, except that the Secretary of the

Treasury may, by such rules, authorize the importation of such

covered product upon such terms and conditions (including the

furnishing of a bond) as may appear to him appropriate to ensure

that such covered product will not violate section 6302 of this

title, or will be exported or abandoned to the United States. The

Secretary of the Treasury shall prescribe rules under this section

not later than 180 days after December 22, 1975.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 331, Dec. 22, 1975, 89 Stat. 928.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6316 of this title.

-End-

-CITE-

42 USC Sec. 6302 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. 6302. Prohibited acts

-STATUTE-

(a) In general

It shall be unlawful -

(1) for any manufacturer or private labeler to distribute in

commerce any new covered product to which a rule under section

6294 of this title applies, unless such covered product is

labeled in accordance with such rule;

(2) for any manufacturer, distributor, retailer, or private

labeler to remove from any new covered product or render

illegible any label required to be provided with such product

under a rule under section 6294 of this title;

(3) for any manufacturer to fail to permit access to, or

copying of, records required to be supplied under this part, or

fail to make reports or provide other information required to be

supplied under this part;

(4) for any person to fail to comply with an applicable

requirement of section 6296(a), (b)(2), (b)(3), or (b)(5) of this

title; or

(5) for any manufacturer or private labeler to distribute in

commerce any new covered product which is not in conformity with

an applicable energy conservation standard established in or

prescribed under this part.

(b) "New covered product" defined

For purposes of this section, the term "new covered product"

means a covered product the title of which has not passed to a

purchaser who buys such product for purposes other than (1)

reselling such product, or (2) leasing such product for a period in

excess of one year.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 332, Dec. 22, 1975, 89 Stat. 928;

Pub. L. 100-12, Sec. 11(a)(3), (b)(5), Mar. 17, 1987, 101 Stat.

125.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-12, Sec. 11(b)(5)(A), inserted

heading.

Subsec. (a)(5). Pub. L. 100-12, Sec. 11(a)(3), substituted

"energy conservation standard established in or prescribed under"

for "energy efficiency standard prescribed under".

Subsec. (b). Pub. L. 100-12, Sec. 11(b)(5)(B), inserted heading.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6295, 6301, 6303, 6304,

6316, 6317 of this title.

-End-

-CITE-

42 USC Sec. 6303 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. 6303. Enforcement

-STATUTE-

(a) In general

Except as provided in subsection (c) of this section, any person

who knowingly violates any provision of section 6302 of this title

shall be subject to a civil penalty of not more than $100 for each

violation. Such penalties shall be assessed by the Commission,

except that penalties for violations of section 6302(a)(3) of this

title which relate to requirements prescribed by the Secretary,

violations of section 6302(a)(4) of this title which relate to

requests of the Secretary under section 6296(b)(2) of this title,

or violations of section 6302(a)(5) of this title shall be assessed

by the Secretary. Civil penalties assessed under this part may be

compromised by the agency or officer authorized to assess the

penalty, taking into account the nature and degree of the violation

and the impact of the penalty upon a particular respondent. Each

violation of paragraph (1), (2), or (5) of section 6302(a) of this

title shall constitute a separate violation with respect to each

covered product, and each day of violation of section 6302(a)(3) or

(4) of this title shall constitute a separate violation.

(b) "Knowingly" defined

As used in subsection (a) of this section, the term "knowingly"

means (1) the having of actual knowledge, or (2) the presumed

having of knowledge deemed to be possessed by a reasonable man who

acts in the circumstances, including knowledge obtainable upon the

exercise of due care.

(c) Special rule

It shall be an unfair or deceptive act or practice in or

affecting commerce (within the meaning of section 45(a)(1) of title

15) for any person to violate section 6293(c) of this title, except

to the extent that such violation is prohibited under the

provisions of section 6302(a)(1) of this title, in which case such

provisions shall apply.

(d) Procedure for assessing penalty

(1) Before issuing an order assessing a civil penalty against any

person under this section, the Secretary shall provide to such

person notice of the proposed penalty. Such notice shall inform

such person of his opportunity to elect in writing within 30 days

after the date of receipt of such notice to have the procedures of

paragraph (3) (in lieu of those of paragraph (2)) apply with

respect to such assessment.

(2)(A) Unless an election is made within 30 calendar days after

receipt of notice under paragraph (1) to have paragraph (3) apply

with respect to such penalty, the Secretary shall assess the

penalty, by order, after a determination of violation has been made

on the record after an opportunity for an agency hearing pursuant

to section 554 of title 5 before an administrative law judge

appointed under section 3105 of such title 5. Such assessment order

shall include the administrative law judge's findings and the basis

for such assessment.

(B) Any person against whom a penalty is assessed under this

paragraph may, within 60 calendar days after the date of the order

of the Secretary assessing such penalty, institute an action in the

United States court of appeals for the appropriate judicial circuit

for judicial review of such order in accordance with chapter 7 of

title 5. The court shall have jurisdiction to enter a judgment

affirming, modifying, or setting aside in whole or in part, the

order of the Secretary, or the court may remand the proceeding to

the Secretary for such further action as the court may direct.

(3)(A) In the case of any civil penalty with respect to which the

procedures of this paragraph have been elected, the Secretary shall

promptly assess such penalty, by order, after the date of the

receipt of the notice under paragraph (1) of the proposed penalty.

(B) If the civil penalty has not been paid within 60 calendar

days after the assessment order has been made under subparagraph

(A), the Secretary shall institute an action in the appropriate

district court of the United States for an order affirming the

assessment of the civil penalty. The court shall have authority to

review de novo the law and the facts involved, and shall have

jurisdiction to enter a judgment enforcing, modifying, and

enforcing as so modified, or setting aside in whole or in part,

such assessment.

(C) Any election to have this paragraph apply may not be revoked

except with the consent of the Secretary.

(4) If any person fails to pay an assessment of a civil penalty

after it has become a final and unappealable order under paragraph

(2), or after the appropriate district court has entered final

judgment in favor of the Secretary under paragraph (3), the

Secretary shall institute an action to recover the amount of such

penalty in any appropriate district court of the United States. In

such action, the validity and appropriateness of such final

assessment order or judgment shall not be subject to review.

(5)(A) Notwithstanding the provisions of title 28 or section

7192(c) of this title, the Secretary shall be represented by the

general counsel of the Department of Energy (or any attorney or

attorneys within the Department of Energy designated by the

Secretary) who shall supervise, conduct, and argue any civil

litigation to which paragraph (3) of this subsection applies

(including any related collection action under paragraph (4)) in a

court of the United States or in any other court, except the

Supreme Court. However, the Secretary or the general counsel shall

consult with the Attorney General concerning such litigation, and

the Attorney General shall provide, on request, such assistance in

the conduct of such litigation as may be appropriate.

(B) Subject to the provisions of section 7192(c) of this title,

the Secretary shall be represented by the Attorney General, or the

Solicitor General, as appropriate, in actions under this

subsection, except to the extent provided in subparagraph (A) of

this paragraph.

(C) Section 7172(d) of this title shall not apply with respect to

the functions of the Secretary under this subsection.

(6) For purposes of applying the preceding provisions of this

subsection in the case of the assessment of a penalty by the

Commission for a violation of paragraphs (1) and (2) of section

6302 of this title, references in such provisions to "Secretary"

and "Department of Energy" shall be considered to be references to

the "Commission".

-SOURCE-

(Pub. L. 94-163, title III, Sec. 333, Dec. 22, 1975, 89 Stat. 929;

Pub. L. 95-619, title IV, Secs. 423, 425(e), title VI, Sec.

691(b)(2), Nov. 9, 1978, 92 Stat. 3262, 3266, 3288; Pub. L. 100-12,

Sec. 11(b)(6), Mar. 17, 1987, 101 Stat. 125.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-12 inserted headings for subsecs. (a) to (d).

1978 - Subsec. (a). Pub. L. 95-619, Secs. 425(e)(1), 691(b)(2),

substituted "Secretary" for "Administrator", meaning Administrator

of the Federal Energy Administration, wherever appearing, and

"subsection (c) of this section" for "subsection (b) of this

section".

Subsec. (c). Pub. L. 95-619, Sec. 425(e)(2), substituted "section

6293(c) of this title" for "section 6293(d)(2) of this title" and

inserted provision making an exception from the unfair or deceptive

act or practice rule.

Subsec. (d). Pub. L. 95-619, Sec. 423, added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6316, 6317 of this title.

-End-

-CITE-

42 USC Sec. 6304 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. 6304. Injunctive enforcement

-STATUTE-

The United States district courts shall have jurisdiction to

restrain (1) any violation of section 6302 of this title and (2)

any person from distributing in commerce any covered product which

does not comply with an applicable rule under section 6294 or 6295

of this title. Any such action shall be brought by the Commission,

except that any such action to restrain any violation of section

6302(a)(3) of this title which relates to requirements prescribed

by the Secretary, any violation of section 6302(a)(4) of this title

which relates to requests of the Secretary under section 6296(b)(2)

of this title, or any violation of section 6302(a)(5) of this title

shall be brought by the Secretary. Any such action may be brought

in any United States district court for a district wherein any act,

omission, or transaction constituting the violation occurred, or in

such court for the district wherein the defendant is found or

transacts business. In any action under this section, process may

be served on a defendant in any other district in which the

defendant resides or may be found.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 334, Dec. 22, 1975, 89 Stat. 929;

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6316 of this title.

-End-

-CITE-

42 USC Sec. 6305 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. 6305. Citizen suits

-STATUTE-

(a) Civil actions; jurisdiction

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

any person may commence a civil action against -

(1) any manufacturer or private labeler who is alleged to be in

violation of any provision of this part or any rule under this

part;

(2) any Federal agency which has a responsibility under this

part where there is an alleged failure of such agency to perform

any act or duty under this part which is not discretionary; or

(3) the Secretary in any case in which there is an alleged

failure of the Secretary to comply with a nondiscretionary duty

to issue a proposed or final rule according to the schedules set

forth in section 6295 of this title.

The United States district courts shall have jurisdiction, without

regard to the amount in controversy or the citizenship of the

parties, to enforce such provision or rule, or order such Federal

agency to perform such act or duty, as the case may be. The courts

shall advance on the docket, and expedite the disposition of, all

causes filed therein pursuant to paragraph (3) of this subsection.

If the court finds that the Secretary has failed to comply with a

deadline established in section 6295 of this title, the court shall

have jurisdiction to order appropriate relief, including relief

that will ensure the Secretary's compliance with future deadlines

for the same covered product.

(b) Limitation

No action may be commenced -

(1) under subsection (a)(1) of this section -

(A) prior to 60 days after the date on which the plaintiff

has given notice of the violation (i) to the Secretary, (ii) to

the Commission, and (iii) to any alleged violator of such

provision or rule, or

(B) if the Commission has commenced and is diligently

prosecuting a civil action to require compliance with such

provision or rule, but, in any such action, any person may

intervene as a matter of right.

(2) under subsection (a)(2) of this section prior to 60 days

after the date on which the plaintiff has given notice of such

action to the Secretary and Commission.

Notice under this subsection shall be given in such manner as the

Commission shall prescribe by rule.

(c) Right to intervene

In such action under this section, the Secretary or the

Commission (or both), if not a party, may intervene as a matter of

right.

(d) Award of costs of litigation

The court, in issuing any final order in any action brought

pursuant to subsection (a) of this section, may award costs of

litigation (including reasonable attorney and expert witness fees)

to any party, whenever the court determines such award is

appropriate.

(e) Preservation of other relief

Nothing in this section shall restrict any right which any person

(or class of persons) may have under any statute or common law to

seek enforcement of this part or any rule thereunder, or to seek

any other relief (including relief against the Secretary or the

Commission).

(f) Compliance in good faith

For purposes of this section, if a manufacturer or private

labeler complied in good faith with a rule under this part, then he

shall not be deemed to have violated any provision of this part by

reason of the alleged invalidity of such rule.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 335, Dec. 22, 1975, 89 Stat. 930;

Pub. L. 95-619, title IV, Sec. 425(f), title VI, Sec. 691(b)(2),

Nov. 9, 1978, 92 Stat. 3266, 3288; Pub. L. 100-12, Secs. 8,

11(b)(7), Mar. 17, 1987, 101 Stat. 122, 126.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-12, Sec. 8, added par. (3) and

inserted at end "The courts shall advance on the docket, and

expedite the disposition of, all causes filed therein pursuant to

paragraph (3) of this subsection. If the court finds that the

Secretary has failed to comply with a deadline established in

section 6295 of this title, the court shall have jurisdiction to

order appropriate relief, including relief that will ensure the

Secretary's compliance with future deadlines for the same covered

product."

Subsecs. (b) to (f). Pub. L. 100-12, Sec. 11(b)(7), inserted

headings for subsecs. (b) to (f).

1978 - Subsec. (a). Pub. L. 95-619, Sec. 425(f), struck out

provision in par. (1) which excluded sections 6295 and 6302(a)(5)

of this title and rules thereunder, struck out provision in par.

(2) which excluded any act or duty under section 6295 or 6302(a)(5)

of this title, and inserted provision giving district courts

jurisdiction to order Federal agencies to perform particular acts

or duties under this part.

Subsecs. (b), (c), (e). Pub. L. 95-619, Sec. 691(b)(2),

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 6316 of this title.

-End-

-CITE-

42 USC Sec. 6306 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. 6306. Administrative procedure and judicial review

-STATUTE-

(a) Procedure for prescription of rules

(1) In addition to the requirements of section 553 of title 5,

rules prescribed under section 6293, 6294, 6295, 6297, or 6298 of

this title shall afford interested persons an opportunity to

present written and oral data, views, and arguments with respect to

any proposed rule.

(2) In the case of a rule prescribed under section 6295 of this

title, the Secretary shall, by means of conferences or other

informal procedures, afford any interested person an opportunity to

question -

(A) other interested persons who have made oral presentations;

and

(B) employees of the United States who have made written or

oral presentations with respect to disputed issues of material

fact.

Such opportunity shall be afforded to the extent the Secretary

determines that questioning pursuant to such procedures is likely

to result in a more timely and effective resolution of such issues.

(3) A transcript shall be kept of any oral presentations made

under this subsection.

(b) Petition by persons adversely affected by rules; effect on

other laws

(1) Any person who will be adversely affected by a rule

prescribed under section 6293, 6294, or 6295 of this title may, at

any time within 60 days after the date on which such rule is

prescribed, file a petition with the United States court of appeals

for the circuit in which such person resides or has his principal

place of business, for judicial review of such rule. A copy of the

petition shall be transmitted by the clerk of the court to the

agency which prescribed the rule. Such agency shall file in the

court the written submissions to, and transcript of, the

proceedings on which the rule was based, as provided in section

2112 of title 28.

(2) Upon the filing of the petition referred to in paragraph (1),

the court shall have jurisdiction to review the rule in accordance

with chapter 7 of title 5 and to grant appropriate relief as

provided in such chapter. No rule under section 6293, 6294, or 6295

of this title may be affirmed unless supported by substantial

evidence.

(3) The judgment of the court affirming or setting aside, in

whole or in part, any such rule shall be final, subject to review

by the Supreme Court of the United States upon certiorari or

certification as provided in section 1254 of title 28.

(4) The remedies provided for in this subsection shall be in

addition to, and not in substitution for, any other remedies

provided by law.

(5) The procedures applicable under this part shall not -

(A) be considered to be modified or affected by any other

provision of law unless such other provision specifically amends

this part (or provisions of law cited herein); or

(B) be considered to be superseded by any other provision of

law unless such other provision does so in specific terms by

referring to this part and declaring that such provision

supersedes, in whole or in part, the procedures of this part.

(c) Jurisdiction

Jurisdiction is vested in the Federal district courts of the

United States over actions brought by -

(1) any adversely affected person to determine whether a State

or local government is complying with the requirements of this

part; and

(2) any person who files a petition under section 6295(n) of

this title which is denied by the Secretary.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 336, Dec. 22, 1975, 89 Stat. 930;

Pub. L. 95-619, title IV, Secs. 425(g), 427, title VI, Sec.

691(b)(2), Nov. 9, 1978, 92 Stat. 3266, 3267, 3288; Pub. L. 100-12,

Sec. 9, Mar. 17, 1987, 101 Stat. 123; Pub. L. 105-388, Sec.

5(a)(6), Nov. 13, 1998, 112 Stat. 3478.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(2). Pub. L. 105-388 substituted "section

6295(n)" for "section 6295(k)".

1987 - Subsec. (a). Pub. L. 100-12 amended subsec. (a) generally.

Prior to amendment, subsec. (a) read as follows: "Rules under

sections 6293, 6294, 6295(a), 6297(b), or 6298 of this title shall

be prescribed in accordance with section 553 of title 5, except

that -

"(1) interested persons shall be afforded an opportunity to

present written and oral data, views, and arguments with respect

to any proposed rule, and

"(2) in the case of a rule under section 6295(a) of this title,

the Secretary shall, by means of conferences or other informal

procedures, afford any interested person an opportunity to

question -

"(A) other interested persons who have made oral

presentations under paragraph (1), and

"(B) employees of the United States who have made written or

oral presentations,

with respect to disputed issues of material fact. Such

opportunity shall be afforded to the extent the Secretary

determines that questioning pursuant to such procedures is likely

to result in a more timely and effective resolution of such

issues.

A transcript shall be kept of any oral presentations made under

this subsection."

Subsec. (b). Pub. L. 100-12 amended subsec. (b) generally. Prior

to amendment, subsec. (b) read as follows:

"(1) Any person who will be adversely affected by a rule

prescribed under section 6293, 6294, or 6295 of this title when it

is effective may, at any time prior to the sixtieth day after the

date such rule is prescribed, file a petition with the United

States court of appeals for the circuit wherein such person resides

or has his principal place of business, for a judicial review

thereof. A copy of the petition shall be forthwith transmitted by

the clerk of the court to the agency which prescribed the rule.

Such agency thereupon shall file in the court the written

submissions to, and transcript of, the proceedings on which the

rule was based as provided in section 2112 of title 28.

"(2) Upon the filing of the petition referred to in paragraph

(1), the court shall have jurisdiction to review the rule in

accordance with chapter 7 of title 5 and to grant appropriate

relief as provided in such chapter. No rule under section 6293,

6294, or 6295 of this title may be affirmed unless supported by

substantial evidence.

"(3) The judgment of the court affirming or setting aside, in

whole or in part, any such rule shall be final, subject to review

by the Supreme Court of the United States upon certiorari or

certification as provided in section 1254 of title 28.

"(4) The remedies provided for in this subsection shall be in

addition to, and not in substitution for, any other remedies

provided by law."

Subsec. (c). Pub. L. 100-12 amended subsec. (c) generally. Prior

to amendment, subsec. (c) read as follows:

"(1) Titles IV and V of the Department of Energy Organization Act

shall not apply with respect to the procedures under this part.

"(2) The procedures applicable under this part shall not -

"(A) be considered to be modified or affected by any other

provision of law unless such other provision specifically amends

this part (or provisions of law cited herein), or

"(B) be considered to be superseded by any other provision of

law unless such other provision does so in specific terms,

referring to this part, and declaring that such provision

supersedes, in whole or in part, the procedures of this part."

1978 - Subsec. (a). Pub. L. 95-619, Secs. 425(g)(1)-(3),

691(b)(2), struck out par. designation "(1)" before "Rules" and

substituted reference to section "6295(a)" for "6295(a)(1), (2), or

(3)" in first sentence; redesignated subpars. (A) and (B) and cls.

(i) and (ii) of subpar. (B) as pars. (1) and (2) and subpars. (A)

and (B) of par. (2), respectively; struck out "paragraph (1), (2),

or (3) of" before "section 6295(a)" in par. (2) as so redesignated;

directed the substitution of "paragraph (1)" for "subparagraph (A)"

in par. (2)(B) as so redesignated, which was executed to par.

(2)(A) as so redesignated to reflect the probable intent of

Congress; substituted "subsection" for "paragraph" in last

sentence; and substituted "Secretary" for "Administrator", meaning

Administrator of the Federal Energy Administration, wherever

appearing.

Par. (2), which provided that subsecs. (c) and (d) of section 57a

of title 15 shall apply to rules under section 6295 of this title

(other than subsecs. (a)(1), (2), and (3)) to the same extent that

such subsecs. apply to rules under section 57a(a)(1)(B) of title

15, was struck out to reflect the probable intent of Congress in

view of the amendment by Pub. L. 95-619, Sec. 425(g)(1), which

struck out designation "(1)" after subsection (a) designation, and

in view of the amendment by Pub. L. 95-619, Sec. 422, to section

6295(a) of this title, which struck out pars. (3) to (5) therefrom.

Subsec. (b). Pub. L. 95-619, Sec. 425(g)(4), (5), substituted

"section 6293, 6294, or 6295" for "section 6293 or 6294" in pars.

(1) and (2) and struck out former par. (5) which related to the

application of section 57a(e) of title 15 to rules under section

6295 of this title.

Subsec. (c). Pub. L. 95-619, Sec. 427, added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6295, 6316 of this title.

-End-

-CITE-

42 USC Sec. 6307 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. 6307. Consumer education

-STATUTE-

(a) In general

The Secretary shall, in close cooperation and coordination with

the Commission and appropriate industry trade associations and

industry members, including retailers, and interested consumer and

environmental organizations, carry out a program to educate

consumers and other persons with respect to -

(1) the significance of estimated annual operating costs;

(2) the way in which comparative shopping, including

comparisons of estimated annual operating costs, can save energy

for the Nation and money for consumers; and

(3) such other matters as the Secretary determines may

encourage the conservation of energy in the use of consumer

products.

Such steps to educate consumers may include publications,

audiovisual presentations, demonstrations, and the sponsorship of

national and regional conferences involving manufacturers,

distributors, retailers, and consumers, and State, local, and

Federal Government representatives. Nothing in this section may be

construed to require the compilation of lists which compare the

estimated annual operating costs of consumer products by model or

manufacturer's name.

(b) State and local incentive programs

(1) The Secretary shall, not later than one year after October

24, 1992, issue recommendations to the States for establishing

State and local incentive programs designed to encourage the

acceleration of voluntary replacement, by consumers, of existing

showerheads, faucets, water closets, and urinals with those

products that meet the standards established for such products

pursuant to subsections (j) and (k) of section 6295 of this title.

(2) In developing such recommendations, the Secretary shall

consult with the heads of other federal (!1) agencies, including

the Administrator of the Environmental Protection Agency; State

officials; manufacturers, suppliers, and installers of plumbing

products; and other interested parties.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 337, Dec. 22, 1975, 89 Stat. 931;

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

3288; Pub. L. 102-486, title I, Sec. 123(i), Oct. 24, 1992, 106

Stat. 2831.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

1978 - Pub. L. 95-619 substituted "Secretary" for

"Administrator", meaning Administrator of the Federal Energy

Administration, wherever appearing.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

42 USC Sec. 6308 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. 6308. Annual report

-STATUTE-

The Secretary shall report to the Congress and the President

either (1) as part of his annual report, or (2) in a separate

report submitted annually, on the progress of the program

undertaken pursuant to this part and on the energy savings impact

of this part. Each such report shall specify the actions undertaken

by the Secretary in carrying out this part during the period

covered by such report, and those actions which the Secretary was

required to take under this part during such period but which were

not taken, together with the reasons therefor. Nothing in this

section provides a defense or justification for a failure by the

Secretary to comply with a nondiscretionary duty as provided for in

this part.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 338, Dec. 22, 1975, 89 Stat. 932;

Pub. L. 95-619, title IV, Sec. 425(h), title VI, Sec. 691(b)(2),

Nov. 9, 1978, 92 Stat. 3266, 3288; Pub. L. 100-12, Sec. 10, Mar.

17, 1987, 101 Stat. 124.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-12 inserted at end "Nothing in this section

provides a defense or justification for a failure by the Secretary

to comply with a nondiscretionary duty as provided for in this

part."

1978 - Pub. L. 95-619 inserted requirement that each report under

this section should account for actions taken by the Secretary, as

well as actions not taken, during the covered period in carrying

out this part and substituted "Secretary" for "Administrator",

meaning Administrator of the Federal Energy Administration.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6294 of this title.

-End-

-CITE-

42 USC Sec. 6309 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. 6309. Authorization of appropriations

-STATUTE-

(a) Authorizations for Secretary

There are authorized to be appropriated to the Secretary not more

than the following amounts to carry out his responsibilities under

this part -

(1) $1,700,000 for fiscal year 1976;

(2) $1,500,000 for fiscal year 1977;

(3) $3,300,000 for fiscal year 1978; and

(4) $10,000,000 for fiscal year 1979.

Amounts authorized for such purposes under paragraph (3) shall be

in addition to amounts otherwise authorized and appropriated for

such purposes.

(b) Authorizations for Commission

There are authorized to be appropriated to the Commission not

more than the following amounts to carry out its responsibilities

under this part -

(1) $650,000 for fiscal year 1976;

(2) $700,000 for fiscal year 1977;

(3) $700,000 for fiscal year 1978; and

(3) (!1) $2,000,000 for fiscal year 1979.

(c) Other authorizations

There are authorized to be appropriated to the Secretary to be

allocated not more than the following amounts -

(1) $1,100,000 for fiscal year 1976;

(2) $2,500,000 for fiscal year 1977; and

(3) $1,800,000 for fiscal year 1978.

Such amounts shall, and any amounts authorized to be appropriated

under subsection (a) of this section, may be allocated by the

Secretary to the National Institute of Standards and Technology.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 339, Dec. 22, 1975, 89 Stat. 932;

Pub. L. 95-70, Sec. 3, July 21, 1977, 91 Stat. 276; Pub. L. 95-619,

title IV, Sec. 426, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92

Stat. 3267, 3288; Pub. L. 100-12, Sec. 11(b)(8), Mar. 17, 1987, 101

Stat. 126; Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988,

102 Stat. 1433.)

-MISC1-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards" in closing provisions.

1987 - Pub. L. 100-12 inserted headings for subsecs. (a) to (c).

1978 - Subsec. (a). Pub. L. 95-619, Secs. 426(a), 691(b)(2),

substituted "Secretary" for "Administrator", meaning Administrator

of the Federal Energy Administration, in text preceding par. (1),

"$3,300,000" for "$1,500,000" in par. (3), added par. (4), and

provided that amounts authorized under par. (3) would be in

addition to amounts otherwise authorized and appropriated.

Subsec. (b)(3). Pub. L. 95-619, Sec. 426(b), added second par.

(3) relating to fiscal year 1979.

Subsec. (c). Pub. L. 95-619, Sec. 691(b)(2), substituted

"Secretary" for "Administrator".

1977 - Subsec. (c)(2). Pub. L. 95-70, Sec. 3(a), substituted

"$2,500,000" for "$700,000".

Subsec. (c)(3). Pub. L. 95-70, Sec. 3(b), substituted

"$1,800,000" for "$700,000".

-FOOTNOTE-

(!1) So in original. Probably should be designated "(4)".

-End-

-CITE-

42 USC Part A-1 - Certain Industrial Equipment 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A091 - Certain Industrial Equipment

-HEAD-

PART A-1 - CERTAIN INDUSTRIAL EQUIPMENT

-COD-

CODIFICATION

This part was, in the original, designated part C and has been

changed to part A-1 for purposes of codification.

-End-

-CITE-

42 USC Sec. 6311 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A091 - Certain Industrial Equipment

-HEAD-

Sec. 6311. Definitions

-STATUTE-

For purposes of this part -

(1) The term "covered equipment" means one of the following

types of industrial equipment:

(A) Electric motors and pumps.

(B) Small commercial package air conditioning and heating

equipment.

(C) Large commercial package air conditioning and heating

equipment.

(D) Packaged terminal air-conditioners and packaged terminal

heat pumps.

(E) Warm air furnaces and packaged boilers.

(F) Storage water heaters, instantaneous water heaters, and

unfired hot water storage tanks.

(G) Any other type of industrial equipment which the

Secretary classifies as covered equipment under section 6312(b)

of this title.

(2)(A) The term "industrial equipment" means any article of

equipment referred to in subparagraph (B) of a type -

(i) which in operation consumes, or is designed to consume,

energy;

(ii) which, to any significant extent, is distributed in

commerce for industrial or commercial use; and

(iii) which is not a "covered product" as defined in section

6291(a)(2) of this title, other than a component of a covered

product with respect to which there is in effect a

determination under section 6312(c) of this title;

without regard to whether such article is in fact distributed in

commerce for industrial or commercial use.

(B) The types of equipment referred to in this subparagraph (in

addition to electric motors and pumps, small and large commercial

package air conditioning and heating equipment, packaged terminal

air-conditioners, packaged terminal heat pumps, warm air

furnaces, packaged boilers, storage water heaters, instantaneous

water heaters, and unfired hot water storage tanks) are as

follows:

(i) compressors;

(ii) fans;

(iii) blowers;

(iv) refrigeration equipment;

(v) electric lights;

(vi) electrolytic equipment;

(vii) electric arc equipment;

(viii) steam boilers;

(ix) ovens;

(x) kilns;

(xi) evaporators; and

(xii) dryers.

(3) The term "energy efficiency" means the ratio of the useful

output of services from an article of industrial equipment to the

energy use by such article, determined in accordance with test

procedures under section 6314 of this title.

(4) The term "energy use" means the quantity of energy directly

consumed by an article of industrial equipment at the point of

use, determined in accordance with test procedures established

under section 6314 of this title.

(5) The term "manufacturer" means any person who manufactures

industrial equipment.

(6) The term "label" may include any printed matter determined

appropriate by the Secretary.

(7) The terms "energy", "manufacture", "import", "importation",

"consumer product", "distribute in commerce", "distribution in

commerce", and "commerce" have the same meaning as is given such

terms in section 6291 of this title.

(8) The term "small commercial package air conditioning and

heating equipment" means air-cooled, water-cooled,

evaporatively-cooled, or water source (not including ground water

source) electrically operated, unitary central air conditioners

and central air conditioning heat pumps for commercial

application which are rated below 135,000 Btu per hour (cooling

capacity).

(9) The term "large commercial package air conditioning and

heating equipment" means air-cooled, water-cooled,

evaporatively-cooled, or water source (not including ground water

source) electrically operated, unitary central air conditioners

and central air conditioning heat pumps for commercial

application which are rated at or above 135,000 Btu per hour and

below 240,000 Btu per hour (cooling capacity).

(10)(A) The term "packaged terminal air conditioner" means a

wall sleeve and a separate unencased combination of heating and

cooling assemblies specified by the builder and intended for

mounting through the wall. It includes a prime source of

refrigeration, separable outdoor louvers, forced ventilation, and

heating availability by builder's choice of hot water, steam, or

electricity.

(B) The term "packaged terminal heat pump" means a packaged

terminal air conditioner that utilizes reverse cycle

refrigeration as its prime heat source and should have

supplementary heat source available to builders with the choice

of hot water, steam, or electric resistant heat.

(11)(A) The term "warm air furnace" means a self-contained oil-

or gas-fired furnace designed to supply heated air through ducts

to spaces that require it and includes combination warm air

furnace/electric air conditioning units but does not include unit

heaters and duct furnaces.

(B) The term "packaged boiler" means a boiler that is shipped

complete with heating equipment, mechanical draft equipment, and

automatic controls; usually shipped in one or more sections.

(12)(A) The term "storage water heater" means a water heater

that heats and stores water within the appliance at a

thermostatically controlled temperature for delivery on demand.

Such term does not include units with an input rating of 4000 Btu

per hour or more per gallon of stored water.

(B) The term "instantaneous water heater" means a water heater

that has an input rating of at least 4000 Btu per hour per gallon

of stored water.

(C) The term "unfired hot water storage tank" means a tank used

to store water that is heated externally.

(13)(A) The term "electric motor" means any motor which is a

general purpose T-frame, single-speed, foot-mounting, polyphase

squirrel-cage induction motor of the National Electrical

Manufacturers Association, Design A and B, continuous rated,

operating on 230/460 volts and constant 60 Hertz line power as

defined in NEMA Standards Publication MG1-1987.

(B) The term "definite purpose motor" means any motor designed

in standard ratings with standard operating characteristics or

standard mechanical construction for use under service conditions

other than usual or for use on a particular type of application

and which cannot be used in most general purpose applications.

(C) The term "special purpose motor" means any motor, other

than a general purpose motor or definite purpose motor, which has

special operating characteristics or special mechanical

construction, or both, designed for a particular application.

(D) The term "open motor" means a motor having ventilating

openings which permit passage of external cooling air over and

around the windings of the machine.

(E) The term "enclosed motor" means a motor so enclosed as to

prevent the free exchange of air between the inside and outside

of the case but not sufficiently enclosed to be termed airtight.

(F) The term "small electric motor" means a NEMA general

purpose alternating current single-speed induction motor, built

in a two-digit frame number series in accordance with NEMA

Standards Publication MG1-1987.

(G) The term "efficiency" when used with respect to an electric

motor means the ratio of an electric motor's useful power output

to its total power input, expressed in percentage.

(H) The term "nominal full load efficiency" means the average

efficiency of a population of motors of duplicate design as

determined in accordance with NEMA Standards Publication

MG1-1987.

(14) The term "ASHRAE" means the American Society of Heating,

Refrigerating, and Air Conditioning Engineers.

(15) The term "IES" means the Illuminating Engineering Society

of North America.

(16) The term "NEMA" means the National Electrical

Manufacturers Association.

(17) The term "IEEE" means the Institute of Electrical and

Electronics Engineers.

(18) The term "energy conservation standard" means -

(A) a performance standard that prescribes a minimum level of

energy efficiency or a maximum quantity of energy use for a

product; or

(B) a design requirement for a product.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 340, as added Pub. L. 95-619,

title IV, Sec. 441(a), Nov. 9, 1978, 92 Stat. 3267; amended Pub. L.

102-486, title I, Sec. 122(a), (f)(1), Oct. 24, 1992, 106 Stat.

2806, 2817.)

-MISC1-

AMENDMENTS

1992 - Par. (1)(B) to (G). Pub. L. 102-486, Sec. 122(a)(1), added

subpars. (B) to (F) and redesignated former subpar. (B) as (G).

Par. (2)(B). Pub. L. 102-486, Sec. 122(a)(2), in introductory

provisions, substituted "pumps, small and large commercial package

air conditioning and heating equipment, packaged terminal

air-conditioners, packaged terminal heat pumps, warm air furnaces,

packaged boilers, storage water heaters, instantaneous water

heaters, and unfired hot water storage tanks)" for "pumps)",

redesignated cls. (vi) to (x) and (xii) to (xiv) as cls. (v) to

(ix) and (x) to (xii), respectively, and struck out former cls. (v)

and (xi) which read "air conditioning equipment;" and "furnaces;",

respectively.

Par. (3). Pub. L. 102-486, Sec. 122(f)(1), substituted "(3) The"

for "(3) the".

Pars. (8) to (18). Pub. L. 102-486, Sec. 122(a)(3), added pars.

(8) to (18).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6312, 6316, 6317 of this

title.

-End-

-CITE-

42 USC Sec. 6312 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A091 - Certain Industrial Equipment

-HEAD-

Sec. 6312. Purposes and coverage

-STATUTE-

(a) Congressional statement of purpose

It is the purpose of this part to improve the efficiency of

electric motors and pumps and certain other industrial equipment in

order to conserve the energy resources of the Nation.

(b) Inclusion of industrial equipment as covered equipment

The Secretary may, by rule, include a type of industrial

equipment as covered equipment if he determines that to do so is

necessary to carry out the purposes of this part.

(c) Inclusion of component parts of consumer products as industrial

equipment

The Secretary may, by rule, include as industrial equipment

articles which are component parts of consumer products, if he

determines that -

(1) such articles are, to a significant extent, distributed in

commerce other than as component parts for consumer products; and

(2) such articles meet the requirements of section 6311(2)(A)

of this title (other than clauses (ii) and (iii)).

-SOURCE-

(Pub. L. 94-163, title III, Sec. 341, as added Pub. L. 95-619,

title IV, Sec. 441(a), Nov. 9, 1978, 92 Stat. 3268.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6311 of this title.

-End-

-CITE-

42 USC Sec. 6313 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A091 - Certain Industrial Equipment

-HEAD-

Sec. 6313. Standards

-STATUTE-

(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

(1) Each small commercial package air conditioning and heating

equipment manufactured on or after January 1, 1994, shall meet the

following standard levels:

(A) The minimum seasonal energy efficiency ratio of air-cooled

three-phase electric central air conditioners and central air

conditioning heat pumps less than 65,000 Btu per hour (cooling

capacity), split systems, shall be 10.0.

(B) The minimum seasonal energy efficiency ratio of air-cooled

three-phase electric central air conditioners and central air

conditioning heat pumps less than 65,000 Btu per hour (cooling

capacity), single package, shall be 9.7.

(C) The minimum energy efficiency ratio of air-cooled central

air conditioners and central air conditioning heat pumps at or

above 65,000 Btu per hour (cooling capacity) and less than

135,000 Btu per hour (cooling capacity) shall be 8.9 (at a

standard rating of 95 degrees F db).

(D) The minimum heating seasonal performance factor of

air-cooled three-phase electric central air conditioning heat

pumps less than 65,000 Btu per hour (cooling capacity), split

systems, shall be 6.8.

(E) The minimum heating seasonal performance factor of

air-cooled three-phase electric central air conditioning heat

pumps less than 65,000 Btu per hour (cooling capacity), single

package, shall be 6.6.

(F) The minimum coefficient of performance in the heating mode

of air-cooled central air conditioning heat pumps at or above

65,000 Btu per hour (cooling capacity) and less than 135,000 Btu

per hour (cooling capacity) shall be 3.0 (at a high temperature

rating of 47 degrees F db).

(G) The minimum energy efficiency ratio of water-cooled,

evaporatively-cooled and water-source central air conditioners

and central air conditioning heat pumps less than 65,000 Btu per

hour (cooling capacity) shall be 9.3 (at a standard rating of 95

degrees F db, outdoor temperature for evaporatively cooled

equipment, and 85 degrees Fahrenheit entering water temperature

for water-source and water-cooled equipment).

(H) The minimum energy efficiency ratio of water-cooled,

evaporatively-cooled and water-source central air conditioners

and central air conditioning heat pumps at or above 65,000 Btu

per hour (cooling capacity) and less than 135,000 Btu per hour

(cooling capacity) shall be 10.5 (at a standard rating of 95

degrees F db, outdoor temperature for evaporatively cooled

equipment, and 85 degrees Fahrenheit entering water temperature

for water source and water-cooled equipment).

(I) The minimum coefficient of performance in the heating mode

of water-source heat pumps less than 135,000 Btu per hour

(cooling capacity) shall be 3.8 (at a standard rating of 70

degrees Fahrenheit entering water).

(2) Each large commercial package air conditioning and heating

equipment manufactured on or after January 1, 1995, shall meet the

following standard levels:

(A) The minimum energy efficiency ratio of air-cooled central

air conditioners and central air conditioning heat pumps at or

above 135,000 Btu per hour (cooling capacity) and less than

240,000 Btu per hour (cooling capacity) shall be 8.5 (at a

standard rating of 95 degrees F db).

(B) The minimum coefficient of performance in the heating mode

of air-cooled central air conditioning heat pumps at or above

135,000 Btu per hour (cooling capacity) and less than 240,000 Btu

per hour (cooling capacity) shall be 2.9.

(C) The minimum energy efficiency ratio of water- and

evaporatively-cooled central air conditioners and central air

conditioning heat pumps at or above 135,000 Btu per hour (cooling

capacity) and less than 240,000 Btu per hour (cooling capacity)

shall be 9.6 (according to ARI Standard 360-86).

(3) Each packaged terminal air conditioner and packaged terminal

heat pump manufactured on or after January 1, 1994, shall meet the

following standard levels:

(A) The minimum energy efficiency ratio (EER) of packaged

terminal air conditioners and packaged terminal heat pumps in the

cooling mode shall be 10.0 - (0.16 x Capacity [in thousands of

Btu per hour at a standard rating of 95 degrees F db, outdoor

temperature]). If a unit has a capacity of less than 7,000 Btu

per hour, then 7,000 Btu per hour shall be used in the

calculation. If a unit has a capacity of greater than 15,000 Btu

per hour, then 15,000 Btu per hour shall be used in the

calculation.

(B) The minimum coefficient of performance (COP) of packaged

terminal heat pumps in the heating mode shall be 1.3 + (0.16 x

the minimum cooling EER as specified in subparagraph (A)) (at a

standard rating of 47 degrees F db).

(4) Each warm air furnace and packaged boiler manufactured on or

after January 1, 1994, shall meet the following standard levels:

(A) The minimum thermal efficiency at the maximum rated

capacity of gas-fired warm-air furnaces with capacity of 225,000

Btu per hour or more shall be 80 percent.

(B) The minimum thermal efficiency at the maximum rated

capacity of oil-fired warm-air furnaces with capacity of 225,000

Btu per hour or more shall be 81 percent.

(C) The minimum combustion efficiency at the maximum rated

capacity of gas-fired packaged boilers with capacity of 300,000

Btu per hour or more shall be 80 percent.

(D) The minimum combustion efficiency at the maximum rated

capacity of oil-fired packaged boilers with capacity of 300,000

Btu per hour or more shall be 83 percent.

(5) Each storage water heater, instantaneous water heater, and

unfired water storage tank manufactured on or after January 1,

1994, shall meet the following standard levels:

(A) Except as provided in subparagraph (G), the maximum standby

loss, in percent per hour, of electric storage water heaters

shall be 0.30 + (27/Measured Storage Volume [in gallons]).

(B) Except as provided in subparagraph (G), the maximum standby

loss, in percent per hour, of gas- and oil-fired storage water

heaters with input ratings of 155,000 Btu per hour or less shall

be 1.30 + (114/Measured Storage Volume [in gallons]). The minimum

thermal efficiency of such units shall be 78 percent.

(C) Except as provided in subparagraph (G), the maximum standby

loss, in percent per hour, of gas- and oil-fired storage water

heaters with input ratings of more than 155,000 Btu per hour

shall be 1.30 + (95/Measured Storage Volume [in gallons]). The

minimum thermal efficiency of such units shall be 78 percent.

(D) The minimum thermal efficiency of instantaneous water

heaters with a storage volume of less than 10 gallons shall be 80

percent.

(E) Except as provided in subparagraph (G), the minimum thermal

efficiency of instantaneous water heaters with a storage volume

of 10 gallons or more shall be 77 percent. The maximum standby

loss, in percent/hour, of such units shall be 2.30 + (67/Measured

Storage Volume [in gallons]).

(F) Except as provided in subparagraph (G), the maximum heat

loss of unfired hot water storage tanks shall be 6.5 Btu per hour

per square foot of tank surface area.

(G) Storage water heaters and hot water storage tanks having

more than 140 gallons of storage capacity need not meet the

standby loss or heat loss requirements specified in subparagraphs

(A) through (C) and subparagraphs (E) and (F) if the tank surface

area is thermally insulated to R-12.5 and if a standing pilot

light is not used.

(6)(A) If ASHRAE/IES Standard 90.1, as in effect on October 24,

1992, is amended with respect to any small commercial package air

conditioning and heating equipment, large commercial package air

conditioning and heating equipment, packaged terminal air

conditioners, packaged terminal heat pumps, warm-air furnaces,

packaged boilers, storage water heaters, instantaneous water

heaters, or unfired hot water storage tanks, the Secretary shall

establish an amended uniform national standard for that product at

the minimum level for each effective date specified in the amended

ASHRAE/IES Standard 90.1, unless the Secretary determines, by rule

published in the Federal Register and supported by clear and

convincing evidence, that adoption of a uniform national standard

more stringent than such amended ASHRAE/IES Standard 90.1 for such

product would result in significant additional conservation of

energy and is technologically feasible and economically justified.

(B)(i) If the Secretary issues a rule containing such a

determination, the rule shall establish such amended standard. In

determining whether a standard is economically justified for the

purposes of subparagraph (A), 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 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 products which are likely to result

from the imposition of the standard;

(III) the total projected amount of energy savings likely to

result directly from the imposition of the standard;

(IV) any lessening of the utility or the performance of the

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 conservation; and

(VII) other factors the Secretary considers relevant.

(ii) The Secretary may not prescribe any amended standard under

this paragraph which increases the maximum allowable energy use, or

decreases the minimum required energy efficiency, of a covered

product. The Secretary may not prescribe an amended standard under

this subparagraph if the Secretary finds (and publishes such

finding) that interested persons have established by a

preponderance of the evidence that a standard is likely to result

in the unavailability in the United States in any 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.

(C) A standard amended by the Secretary under this paragraph

shall become effective for products manufactured -

(i) with respect to small commercial package air conditioning

and heating equipment, packaged terminal air conditioners,

packaged terminal heat pumps, warm-air furnaces, packaged

boilers, storage water heaters, instantaneous water heaters, and

unfired hot water storage tanks, on or after a date which is two

years after the effective date of the applicable minimum energy

efficiency requirement in the amended ASHRAE/IES standard

referred to in subparagraph (A); and

(ii) with respect to large commercial package air conditioning

and heating equipment, on or after a date which is three years

after the effective date of the applicable minimum energy

efficiency requirement in the amended ASHRAE/IES standard

referred to in subparagraph (A);

except that an energy conservation standard amended by the

Secretary pursuant to a rule under subparagraph (B) shall become

effective for products manufactured on or after a date which is

four years after the date such rule is published in the Federal

Register.

(b) Electric motors

(1) Except for definite purpose motors, special purpose motors,

and those motors exempted by the Secretary under paragraph (2),

each electric motor manufactured (alone or as a component of

another piece of equipment) after the 60-month period beginning on

October 24, 1992, or in the case of an electric motor which

requires listing or certification by a nationally recognized safety

testing laboratory, after the 84-month period beginning on October

24, 1992, shall have a nominal full load efficiency of not less

than the following:

Number of poles Nominal

Full-Load

Efficiency

Open Closed

Motors Motors

h36 h36

h34 h34

h32 h32

--------------------------------------------------------------------

1 80.0 82.5 80.0 82.5 75.5

1.5 84.0 84.0 82.5 85.5 84.0 82.5

2 85.5 84.0 84.0 86.5 84.0 84.0

3 86.5 86.5 84.0 87.5 87.5 85.5

5 87.5 87.5 85.5 87.5 87.5 87.5

7.5 88.5 88.5 87.5 89.5 89.5 88.5

10 90.2 89.5 88.5 89.5 89.5 89.5

15 90.2 91.0 89.5 90.2 91.0 90.2

20 91.0 91.0 90.2 90.2 91.0 90.2

25 91.7 91.7 91.0 91.7 92.4 91.0

30 92.4 92.4 91.0 91.7 92.4 91.0

40 93.0 93.0 91.7 93.0 93.0 91.7

50 93.0 93.0 92.4 93.0 93.0 92.4

60 93.6 93.6 93.0 93.6 93.6 93.0

75 93.6 94.1 93.0 93.6 94.1 93.0

100 94.1 94.1 93.0 94.1 94.5 93.6

125 94.1 94.5 93.6 94.1 94.5 94.5

150 94.5 95.0 93.6 95.0 95.0 94.5

200 94.5 95.0 94.5 95.0 95.0 95.0

--------------------------------------------------------------------

(2)(A) The Secretary may, by rule, provide that the standards

specified in paragraph (1) shall not apply to certain types or

classes of electric motors if -

(i) compliance with such standards would not result in

significant energy savings because such motors cannot be used in

most general purpose applications or are very unlikely to be used

in most general purpose applications; and

(ii) standards for such motors would not be technologically

feasible or economically justified.

(B) Not later than one year after October 24, 1992, a

manufacturer seeking an exemption under this paragraph with respect

to a type or class of electric motor developed on or before October

24, 1992, shall submit a petition to the Secretary requesting such

exemption. Such petition shall include evidence that the type or

class of motor meets the criteria for exemption specified in

subparagraph (A).

(C) Not later than two years after October 24, 1992, the

Secretary shall rule on each petition for exemption submitted

pursuant to subparagraph (B). In making such ruling, the Secretary

shall afford an opportunity for public comment.

(D) Manufacturers of types or classes of motors developed after

October 24, 1992, to which standards under paragraph (1) would be

applicable may petition the Secretary for exemptions from

compliance with such standards based on the criteria specified in

subparagraph (A).

(3)(A) The Secretary shall publish a final rule no later than the

end of the 24-month period beginning on the effective date of the

standards established under paragraph (1) to determine if such

standards should be amended. Such rule shall provide that any

amendment shall apply to electric motors manufactured on or after a

date which is five years after the effective date of the standards

established under paragraph (1).

(B) The Secretary shall publish a final rule no later than 24

months after the effective date of the previous final rule to

determine whether to amend the standards in effect for such

product. Any such amendment shall apply to electric motors

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.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 342, as added Pub. L. 95-619,

title IV, Sec. 441(a), Nov. 9, 1978, 92 Stat. 3269; amended Pub. L.

102-486, title I, Sec. 122(d), Oct. 24, 1992, 106 Stat. 2810.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 amended section generally, substituting

present provisions for former provisions requiring Secretary to

conduct evaluations of electric motors and pumps and other

industrial equipment for purposes of determining standards.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6314, 6315, 6316 of this

title.

-End-

-CITE-

42 USC Sec. 6314 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A091 - Certain Industrial Equipment

-HEAD-

Sec. 6314. Test procedures

-STATUTE-

(a) Prescription by Secretary; requirements

(1) The Secretary may conduct an evaluation of a class of covered

equipment and may prescribe test procedures for such class in

accordance with the provisions of this section.

(2) Test procedures prescribed in accordance with this section

shall be reasonably designed to produce test results which reflect

energy efficiency, energy use, and estimated operating costs of a

type of industrial equipment (or class thereof) during a

representative average use cycle (as determined by the Secretary),

and shall not be unduly burdensome to conduct.

(3) 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 in a

representative average-use cycle (as determined by the Secretary),

and from representative average unit costs of the energy needed to

operate such equipment during such cycle. The Secretary shall

provide information to manufacturers of covered equipment

respecting representative average unit costs of energy.

(4)(A) With respect to small commercial package air conditioning

and heating equipment, large commercial package air conditioning

and heating equipment, packaged terminal air conditioners, packaged

terminal heat pumps, warm-air furnaces, packaged boilers, storage

water heaters, instantaneous water heaters, and unfired hot water

storage tanks to which standards are applicable under section 6313

of this title, the test procedures shall be those generally

accepted industry testing procedures or rating procedures developed

or recognized by the Air-Conditioning and Refrigeration Institute

or by the American Society of Heating, Refrigerating and Air

Conditioning Engineers, as referenced in ASHRAE/IES Standard 90.1

and in effect on June 30, 1992.

(B) If such an industry test procedure or rating procedure for

small commercial package air conditioning and heating equipment,

large commercial package air conditioning and heating equipment,

packaged terminal air conditioners, packaged terminal heat pumps,

warm-air furnaces, packaged boilers, storage water heaters,

instantaneous water heaters, or unfired hot water storage tanks is

amended, the Secretary shall amend the test procedure for the

product as necessary to be consistent with the amended industry

test procedure or rating procedure unless the Secretary determines,

by rule, published in the Federal Register and supported by clear

and convincing evidence, that to do so would not meet the

requirements for test procedures described in paragraphs (2) and

(3) of this subsection.

(C) If the Secretary prescribes a rule containing such a

determination, the rule may establish an amended test procedure for

such product that meets the requirements of paragraphs (2) and (3)

of this subsection. In establishing any amended test procedure

under this subparagraph or subparagraph (B), the Secretary shall

follow the procedures and meet the requirements specified in

section 6293(e) of this title.

(5)(A) With respect to electric motors to which standards are

applicable under section 6313 of this title, the test procedures

shall be the test procedures specified in NEMA Standards

Publication MG1-1987 and IEEE Standard 112 Test Method B for motor

efficiency, as in effect on October 24, 1992.

(B) If the test procedure requirements of NEMA Standards

Publication MG-1987 and IEEE Standard 112 Test Method B for motor

efficiency are amended, the Secretary shall amend the test

procedures established by subparagraph (A) to conform to such

amended test procedure requirements unless the Secretary

determines, by rule, published in the Federal Register and

supported by clear and convincing evidence, that to do so would not

meet the requirements for test procedures described in paragraphs

(2) and (3) of this subsection.

(C) If the Secretary prescribes a rule containing such a

determination, the rule may establish amended test procedures for

such electric motors that meets the requirements of paragraphs (2)

and (3) of this subsection. In establishing any amended test

procedure under this subparagraph or subparagraph (B), the

Secretary shall follow the procedures and meet the requirements

specified in section 6293(e) of this title.

(b) Publication in Federal Register; presentment of oral and

written data, views, and arguments by interested persons

Before prescribing any final test procedures under this section,

the Secretary shall -

(1) publish proposed test procedures in the Federal Register;

and

(2) afford interested persons an opportunity (of not less than

45 days' duration) to present oral and written data, views, and

arguments on the proposed test procedures.

(c) Reevaluations

(1) The Secretary shall, not later than 3 years after the date of

prescribing a test procedure under this section (and from time to

time thereafter), conduct a reevaluation of such procedure and, on

the basis of such reevaluation, shall determine if such test

procedure should be amended. In conducting such reevaluation, the

Secretary shall take into account such information as he deems

relevant, including technological developments relating to the

energy efficiency of the type (or class) of covered equipment

involved.

(2) If the Secretary determines under paragraph (1) that a test

procedure should be amended, he shall promptly publish in the

Federal Register proposed test procedures incorporating such

amendments and afford interested persons an opportunity to present

oral and written data, views, and arguments. Such comment period

shall not be less than 45 days' duration.

(d) Prohibited representations

(1) Effective 180 days (or, in the case of small commercial

package air conditioning and heating equipment, large commercial

package air conditioning and heating equipment, packaged terminal

air conditioners, packaged terminal heat pumps, warm-air furnaces,

packaged boilers, storage water heaters, instantaneous water

heaters, and unfired hot water storage tanks, 360 days) after a

test procedure rule applicable to any covered equipment is

prescribed under this section, no manufacturer, distributor,

retailer, or private labeler may make any representation -

(A) in writing (including any representation on a label), or

(B) in any broadcast advertisement,

respecting the energy consumption of such equipment or cost of

energy consumed by such equipment, unless such equipment has been

tested in accordance with such test procedure and such

representation fairly discloses the results of such testing.

(2) 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 (1) may be extended by the Secretary with respect to

the petitioner (but in no event for more than an additional 180

days) if he finds that the requirements of paragraph (1) would

impose on such petitioner an undue hardship (as determined by the

Secretary).

(e) Assistance by National Institute of Standards and Technology

The Secretary may direct the National Institute of Standards and

Technology to provide such assistance as the Secretary deems

necessary to carry out his responsibilities under this part,

including the development of test procedures.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 343, as added Pub. L. 95-619,

title IV, Sec. 441(a), Nov. 9, 1978, 92 Stat. 3270; amended Pub. L.

100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub.

L. 102-486, title I, Sec. 122(b), (f)(2), Oct. 24, 1992, 106 Stat.

2808, 2817.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(1). Pub. L. 102-486, Sec. 122(b)(1)(A), added

par. (1) and struck out former par. (1) which read as follows: "If

the Secretary has conducted an evaluation of a class of covered

equipment under section 6313 of this title, he may prescribe test

procedures for such class in accordance with the following

provisions of this section."

Subsec. (a)(4), (5). Pub. L. 102-486, Sec. 122(b)(1)(B), added

pars. (4) and (5).

Subsecs. (c), (d). Pub. L. 102-486, Sec. 122(f)(2), redesignated

subsec. (d), relating to reevaluations, as (c).

Subsec. (d)(1). Pub. L. 102-486, Sec. 122(b)(2), inserted "(or,

in the case of small commercial package air conditioning and

heating equipment, large commercial package air conditioning and

heating equipment, packaged terminal air conditioners, packaged

terminal heat pumps, warm-air furnaces, packaged boilers, storage

water heaters, instantaneous water heaters, and unfired hot water

storage tanks, 360 days)" after "180 days".

1988 - Subsec. (e). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6311, 6315, 6316 of this

title.

-End-

-CITE-

42 USC Sec. 6315 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A091 - Certain Industrial Equipment

-HEAD-

Sec. 6315. Labeling

-STATUTE-

(a) Prescription by Secretary

If the Secretary has prescribed test procedures under section

6314 of this title for any class of covered equipment, he shall

prescribe a labeling rule applicable to such class of covered

equipment in accordance with the following provisions of this

section.

(b) Disclosure of energy efficiency of articles of covered

equipment

A labeling rule prescribed in accordance with this section shall

require that each article of covered equipment which is in the type

(or class) of industrial equipment to which such rule applies,

discloses by label, the energy efficiency of such article,

determined in accordance with test procedures under section 6314 of

this title. Such rule may also require that such disclosure include

the estimated operating costs and energy use, determined in

accordance with test procedures under section 6314 of this title.

(c) Inclusion of requirements

A rule prescribed in accordance with this section shall include

such requirements as the Secretary determines are likely to assist

purchasers in making purchasing decisions, including -

(1) requirements and directions for display of any label,

(2) requirements for including on any label, or separately

attaching to, or shipping with, the covered equipment, such

additional information relating to energy efficiency, energy use,

and other measures of energy consumption, including instructions

for the maintenance, use, or repair of the covered equipment, as

the Secretary determines necessary to provide adequate

information to purchasers, and

(3) requirements that printed matter which is displayed or

distributed at the point of sale of such equipment shall disclose

such information as may be required under this section to be

disclosed on the label of such equipment.

(d) Labeling rules applicable to electric motors

Subject to subsection (h) of this section, not later than 12

months after the Secretary establishes test procedures for electric

motors under section 6314 of this title, the Secretary shall

prescribe labeling rules under this section applicable to electric

motors taking into consideration NEMA Standards Publication

MG1-1987. Such rules shall provide that the labeling of any

electric motor manufactured after the 12-month period beginning on

the date the Secretary prescribes such labeling rules, shall -

(1) indicate the energy efficiency of the motor on the

permanent nameplate attached to such motor;

(2) prominently display the energy efficiency of the motor in

equipment catalogs and other material used to market the

equipment; and

(3) include such other markings as the Secretary determines

necessary solely to facilitate enforcement of the standards

established for electric motors under section 6313 of this title.

(e) Labeling rules for air conditioning and heating equipment

Subject to subsection (h) of this section, not later than 12

months after the Secretary establishes test procedures for small

commercial package air conditioning and heating equipment, large

commercial package air conditioning and heating equipment, packaged

terminal air conditioners, packaged terminal heat pumps, warm-air

furnaces, packaged boilers, storage water heaters, instantaneous

water heaters, and unfired hot water storage tanks under section

6314 of this title, the Secretary shall prescribe labeling rules

under this section for such equipment. Such rules shall provide

that the labeling of any small commercial package air conditioning

and heating equipment, large commercial package air conditioning

and heating equipment, packaged terminal air conditioner, packaged

terminal heat pump, warm-air furnace, packaged boiler, storage

water heater, instantaneous water heater, and unfired hot water

storage tank manufactured after the 12-month period beginning on

the date the Secretary prescribes such rules shall -

(1) indicate the energy efficiency of the equipment on the

permanent nameplate attached to such equipment or other nearby

permanent marking;

(2) prominently display the energy efficiency of the equipment

in new equipment catalogs used by the manufacturer to advertise

the equipment; and

(3) include such other markings as the Secretary determines

necessary solely to facilitate enforcement of the standards

established for such equipment under section 6313 of this title.

(f) Consultation with Federal Trade Commission

Before prescribing any labeling rules for a type (or class) of

covered equipment, the Secretary shall consult with, and obtain the

written views of, the Federal Trade Commission with respect to such

rules. The Federal Trade Commission shall promptly provide such

written views upon the request of the Secretary.

(g) Publication in Federal Register; presentment of oral and

written data, views, and arguments of interested persons

(1) Before prescribing any labeling rules under this section, the

Secretary shall -

(A) publish proposed labeling rules in the Federal Register,

and

(B) afford interested persons an opportunity (of not less than

45 days' duration) to pre- sent oral and written data, views, and

arguments on the proposed rules.

(2) A labeling rule prescribed under this section 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 Secretary determines

that such extension is necessary to allow persons subject to such

rules adequate time to come into compliance with such rules.

(h) Restrictions on Secretary's authority to promulgate rules

The Secretary shall not promulgate labeling rules for any class

of industrial equipment unless he has determined that -

(1) labeling in accordance with this section is technologically

and economically feasible with respect to such class;

(2) significant energy savings will likely result from such

labeling; and

(3) labeling in accordance with this section is likely to

assist consumers in making purchasing decisions.

(i) Tests for accuracy of information contained on labels

When requested by the Secretary, any manufacturer of industrial

equipment to which a rule under this section applies shall supply

at the manufacturer's expense a reasonable number of articles of

such covered equipment to any laboratory or testing facility

designated by the Secretary, or permit representatives of such

laboratory or facility to test such equipment at the site where it

is located, for purposes of ascertaining whether the information

set out on the label, or otherwise required to be disclosed, as

required under this section, is accurate. Any reasonable charge

levied by the laboratory or facility for such testing shall be

borne by the United States, if and to the extent provided in

appropriations Acts.

(j) Products completed prior to effective date of rules

A labeling rule under this section shall not apply to any article

of covered equipment the manufacture of which was completed before

the effective date of such rule.

(k) Labeling authority under Federal Trade Commission Act

Until such time as labeling rules under this section take effect

with respect to a type (or class) of covered equipment, 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 equipment.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 344, as added Pub. L. 95-619,

title IV, Sec. 441(a), Nov. 9, 1978, 92 Stat. 3271; amended Pub. L.

102-486, title I, Sec. 122(c), Oct. 24, 1992, 106 Stat. 2809.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (k), 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

1992 - Subsec. (a). Pub. L. 102-486, Sec. 122(c)(1), substituted

"shall prescribe" for "may prescribe".

Subsec. (c). Pub. L. 102-486, Sec. 122(c)(2), substituted "shall

include" for "may include".

Subsecs. (d) to (k). Pub. L. 102-486, Sec. 122(c)(3), (4), added

subsecs. (d) and (e) and redesignated former subsecs. (d) to (i) as

(f) to (k), respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6316 of this title.

-End-

-CITE-

42 USC Sec. 6316 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A091 - Certain Industrial Equipment

-HEAD-

Sec. 6316. Administration, penalties, enforcement, and preemption

-STATUTE-

(a) The provisions of section 6296(a), (b), and (d) of this

title, the provisions of subsections (l) through (s) of section

6295 of this title, and section (!1) 6297 through 6306 of this

title shall apply with respect to this part (other than the

equipment specified in subparagraphs (B), (C), (D), (E), and (F) of

section 6311(1) of this title) to the same extent and in the same

manner as they apply in part A of this subchapter. In applying such

provisions for the purposes of this part -

(1) references to sections 6293, 6294, and 6295 of this title

shall be considered as references to sections 6314, 6315, and

6313 of this title, respectively;

(2) references to "this part" shall be treated as referring to

part A-1 of this subchapter;

(3) the term "equipment" shall be substituted for the term

"product";

(4) the term "Secretary" shall be substituted for "Commission"

each place it appears (other than in section 6303(c) of title);

(5) section 6297(a) of this title shall be applied, in the case

of electric motors, as if the National Appliance Energy

Conservation Act of 1987 was the Energy Policy Act of 1992;

(6) section 6297(b)(1) of this title shall be applied as if

electric motors were fluorescent lamp ballasts and as if the

National Appliance Energy Conservation Amendments of 1988 were

the Energy Policy Act of 1992;

(7) section 6297(b)(4) of this title shall be applied as if

electric motors were fluorescent lamp ballasts and as if

paragraph (5) of section 6295(g) of this title were section 6313

of this title; and

(8) notwithstanding any other provision of law, a regulation or

other requirement adopted by a State or subdivision of a State

contained in a State or local building code for new construction

concerning the energy efficiency or energy use of an electric

motor covered under this part is not superseded by the standards

for such electric motor established or prescribed under section

6313(b) of this title if such regulation or requirement is

identical to the standards established or prescribed under such

section.

(b)(1) The provisions of section 6296(a), (b), and (d) of this

title, section 6297(a) of this title, and sections 6298 through

6306 of this title shall apply with respect to the equipment

specified in subparagraphs (B), (C), (D), (E), and (F) of section

6311(1) of this title to the same extent and in the same manner as

they apply in part B of this subchapter. In applying such

provisions for the purposes of such equipment, paragraphs (1), (2),

(3), and (4) of subsection (a) of this section shall apply.

(2)(A) A standard prescribed or established under section 6313(a)

of this title shall, beginning on the effective date of such

standard, supersede any State or local regulation concerning the

energy efficiency or energy use of a product for which a standard

is prescribed or established pursuant to such section.

(B) Notwithstanding subparagraph (A), a standard prescribed or

established under section 6313(a) of this title shall not supersede

a standard for such a product contained in a State or local

building code for new construction if -

(i) the standard in the building code does not require that the

energy efficiency of such product exceed the applicable minimum

energy efficiency requirement in amended ASHRAE/IES Standard

90.1; and

(ii) the standard in the building code does not take effect

prior to the effective date of the applicable minimum energy

efficiency requirement in amended ASHRAE/IES Standard 90.1.

(C) Notwithstanding subparagraph (A), a standard prescribed or

established under section 6313(a) of this title shall not supersede

the standards established by the State of California set forth in

Table C-6, California Code of Regulations, Title 24, Part 2,

Chapter 2-53, for water-source heat pumps below 135,000 Btu per

hour (cooling capacity) that become effective on January 1, 1993.

(D) Notwithstanding subparagraph (A), a standard prescribed or

established under section 6313(a) of this title shall not supersede

a State regulation which has been granted a waiver by the

Secretary. The Secretary may grant a waiver pursuant to the terms,

conditions, criteria, procedures, and other requirements specified

in section 6297(d) of this title.

(c) With respect to any electric motor to which standards are

applicable under section 6313(b) of this title, the Secretary shall

require manufacturers to certify, through an independent testing or

certification program nationally recognized in the United States,

that such motor meets the applicable standard.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 345, as added Pub. L. 95-619,

title IV, Sec. 441(a), Nov. 9, 1978, 92 Stat. 3272; amended Pub. L.

102-486, title I, Sec. 122(e), Oct. 24, 1992, 106 Stat. 2815; Pub.

L. 105-388, Sec. 5(a)(7), Nov. 13, 1998, 112 Stat. 3478.)

-REFTEXT-

REFERENCES IN TEXT

The National Appliance Energy Conservation Act of 1987, referred

to in subsec. (a)(5), is Pub. L. 100-12, Mar. 17, 1987, 101 Stat.

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

Title of 1987 Amendment note set out under section 6201 of this

title and Tables.

The Energy Policy Act of 1992, referred to in subsec. (a)(5),

(6), is Pub. L. 102-486, Oct. 24, 1992, 106 Stat. 2776. For

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

note set out under section 13201 of this title and Tables.

The National Appliance Energy Conservation Amendments of 1988,

referred to in subsec. (a)(6), is Pub. L. 100-357, June 28, 1988,

102 Stat. 671. For complete classification of this Act to the Code,

see Short Title of 1988 Amendments note set out under section 6201

of this title and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-388 inserted "standard" after

"meets the applicable".

1992 - Pub. L. 102-486, Sec. 122(e)(3), substituted "enforcement,

and preemption" for "and enforcement" in section catchline.

Subsec. (a). Pub. L. 102-486, Sec. 122(e)(1)(A), inserted "(other

than the equipment specified in subparagraphs (B), (C), (D), (E),

and (F) of section 6311(l) of this title)" after "to this part" and

substituted ", the provisions of subsections (l) through (s) of

section 6295 of this title, and section 6297" for "and sections

6298".

Subsec. (a)(1). Pub. L. 102-486, Sec. 122(e)(1)(B), substituted

", 6294, and 6295 of this title" for "and 6294 of this title" and

"6314, 6315, and 6313 of this title, respectively" for "6314 and

6315 of this title, respectively".

Subsec. (a)(5) to (8). Pub. L. 102-486, Sec. 122(e)(1)(C)-(E),

added pars. (5) to (8).

Subsecs. (b), (c). Pub. L. 102-486, Sec. 122(e)(2), added

subsecs. (b) and (c).

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 6317 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part A091 - Certain Industrial Equipment

-HEAD-

Sec. 6317. Energy conservation standards for high-intensity

discharge lamps, distribution transformers, and small electric

motors

-STATUTE-

(a) High-intensity discharge lamps and distribution transformers

(1) The Secretary shall, within 30 months after October 24, 1992,

prescribe testing requirements for those high-intensity discharge

lamps and distribution transformers for which the Secretary makes a

determination that energy conservation standards would be

technologically feasible and economically justified, and would

result in significant energy savings.

(2) The Secretary shall, within 18 months after the date on which

testing requirements are prescribed by the Secretary pursuant to

paragraph (1), prescribe, by rule, energy conservation standards

for those high-intensity discharge lamps and distribution

transformers for which the Secretary prescribed testing

requirements under paragraph (1).

(3) Any standard prescribed under paragraph (2) with respect to

high-intensity discharge lamps shall apply to such lamps

manufactured 36 months after the date such rule is published.

(b) Small electric motors

(1) The Secretary shall, within 30 months after October 24, 1992,

prescribe testing requirements for those small electric motors for

which the Secretary makes a determination that energy conservation

standards would be technologically feasible and economically

justified, and would result in significant energy savings.

(2) The Secretary shall, within 18 months after the date on which

testing requirements are prescribed by the Secretary pursuant to

paragraph (1), prescribe, by rule, energy conservation standards

for those small electric motors for which the Secretary prescribed

testing requirements under paragraph (1).

(3) Any standard prescribed under paragraph (2) shall apply to

small electric motors manufactured 60 months after the date such

rule is published or, in the case of small electric motors which

require listing or certification by a nationally recognized testing

laboratory, 84 months after such date. Such standards shall not

apply to any small electric motor which is a component of a covered

product under section 6292(a) of this title or a covered equipment

under section 6311 of this title.

(c) Consideration of criteria under other law

In establishing any standard under this section, the Secretary

shall take into consideration the criteria contained in section

6295(n) of this title.

(d) Prescription of labeling requirements by Secretary

The Secretary shall, within six months after the date on which

energy conservation standards are prescribed by the Secretary for

high-intensity discharge lamps and distribution transformers

pursuant to subsection (a)(2) of this section and small electric

motors pursuant to subsection (b)(2) of this section, prescribe

labeling requirements for such lamps, transformers, and small

electric motors.

(e) Compliance by manufacturers with labeling requirements

Beginning on the date which occurs six months after the date on

which a labeling rule is prescribed for a product under subsection

(d) of this section, each manufacturer of a product to which such a

rule applies shall provide a label which meets, and is displayed in

accordance with, the requirements of such rule.

(f) New covered products; distribution of non-conforming products

prohibited; construction with other law

(1) After the date on which a manufacturer must provide a label

for a product pursuant to subsection (e) of this section -

(A) each such product shall be considered, for purposes of

paragraphs (1) and (2) of section 6302(a) of this title, a new

covered product to which a rule under section 6294 of this title

applies; and

(B) it shall be unlawful for any manufacturer or private

labeler to distribute in commerce any new product for which an

energy conservation standard is prescribed under subsection

(a)(2) or (b)(2) of this section which is not in conformity with

the applicable energy conservation standard.

(2) For purposes of section 6303(a) of this title, paragraph (1)

of this subsection shall be considered to be a part of section 6302

of this title.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 346, as added Pub. L. 95-619,

title IV, Sec. 441(a), Nov. 9, 1978, 92 Stat. 3272; amended Pub. L.

102-486, title I, Sec. 124(a), Oct. 24, 1992, 106 Stat. 2832.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 amended section generally, substituting

provisions requiring energy conservation standards for

high-intensity discharge lamps, distribution transformers, and

small electric motors, for provisions authorizing appropriations

for fiscal years 1978 and 1979.

STUDY OF UTILITY DISTRIBUTION TRANSFORMERS; REPORT TO CONGRESS

Section 124(c) of Pub. L. 102-486 provided that: "The Secretary

shall evaluate the practicability, cost-effectiveness, and

potential energy savings of replacing, or upgrading components of,

existing utility distribution transformers during routine

maintenance and, not later than 18 months after the date of the

enactment of this Act [Oct. 24, 1992], report the findings of such

evaluation to the Congress with recommendations on how such energy

savings, if any, could be achieved."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6295 of this title.

-End-

-CITE-

42 USC Part B - State Energy Conservation Plans 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part B - State Energy Conservation Plans

-HEAD-

PART B - STATE ENERGY CONSERVATION PLANS

-COD-

CODIFICATION

This part, originally designated part C and subsequently

redesignated part D by Pub. L. 95-619, title IV, Sec. 441(a), Nov.

9, 1978, 92 Stat. 3267, was changed to part B for purposes of

codification.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 6316, 6323a, 6851 of this

title; title 12 section 1701z-8; title 15 section 4507.

-End-

-CITE-

42 USC Sec. 6321 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part B - State Energy Conservation Plans

-HEAD-

Sec. 6321. Congressional findings and declaration of purpose

-STATUTE-

(a) The Congress finds that -

(1) the development and implementation by States of laws,

policies, programs, and procedures to conserve and to improve

efficiency in the use of energy will have an immediate and

substantial effect in reducing the rate of growth of energy

demand and in minimizing the adverse social, economic, political,

and environmental impacts of increasing energy consumption;

(2) the development and implementation of energy conservation

programs by States will most efficiently and effectively minimize

any adverse economic or employment impacts of changing patterns

of energy use and meet local economic, climatic, geographic, and

other unique conditions and requirements of each State; and

(3) the Federal Government has a responsibility to foster and

promote comprehensive energy conservation programs and practices

by establishing guidelines for such programs and providing

overall coordination, technical assistance, and financial support

for specific State initiatives in energy conservation.

(b) It is the purpose of this part to promote the conservation of

energy and reduce the rate of growth of energy demand by

authorizing the Secretary to establish procedures and guidelines

for the development and implementation of specific State energy

conservation programs and to provide Federal financial and

technical assistance to States in support of such programs.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 361, Dec. 22, 1975, 89 Stat. 932;

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

3288.)

-MISC1-

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-619 substituted "Secretary" for

"Administrator", meaning Administrator of the Federal Energy

Administration.

REPORT ON COORDINATION OF ENERGY CONSERVATION PROGRAMS

Section 623 of Pub. L. 95-619 provided that not later than 6

months after Nov. 9, 1978, the Secretary of Energy submit a report

on the coordination of Federal energy conservation programs

involving State and local government.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6323a of this title.

-End-

-CITE-

42 USC Sec. 6322 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part B - State Energy Conservation Plans

-HEAD-

Sec. 6322. State energy conservation plans

-STATUTE-

(a) Feasibility reports

The Secretary shall, by rule, within 60 days after December 22,

1975, prescribe guidelines for the preparation of a State energy

conservation feasibility report. The Secretary shall invite the

Governor of each State to submit, within 3 months after the

effective date of such guidelines, such a report. Such report shall

include -

(1) an assessment of the feasibility of establishing a State

energy conservation goal, which goal shall consist of a

reduction, as a result of the implementation of the State energy

conservation plan described in this section, of 5 percent or more

in the total amount of energy consumed in such State in the year

1980 from the projected energy consumption for such State in the

year 1980, and

(2) a proposal by such State for the development of a State

energy conservation plan to achieve such goal.

(b) Guidelines

The Secretary shall, by rule, within 6 months after December 22,

1975, prescribe guidelines with respect to measures required to be

included in, and guidelines for the development, modification, and

funding of, State energy conservation plans. The Secretary shall

invite the Governor of each State to submit, within 5 months after

the effective date of such guidelines, a report. Such report shall

include -

(1) a proposed State energy conservation plan designed to

result in scheduled progress toward, and achievement of, the

State energy conservation goal of such State; and

(2) a detailed description of the requirements, including the

estimated cost of implementation and the estimated energy

savings, associated with each functional category of energy

conservation included in the State energy conservation plan.

(c) Mandatory features of plans

Each proposed State energy conservation plan to be eligible for

Federal assistance under this part shall include -

(1) mandatory lighting efficiency standards for public

buildings (except public buildings owned or leased by the United

States);

(2) programs to promote the availability and use of carpools,

vanpools, and public transportation (except that no Federal funds

provided under this part shall be used for subsidizing fares for

public transportation);

(3) mandatory standards and policies relating to energy

efficiency to govern the procurement practices of such State and

its political subdivisions;

(4) mandatory thermal efficiency standards and insulation

requirements for new and renovated buildings (except buildings

owned or leased by the United States);

(5) a traffic law or regulation which, to the maximum extent

practicable consistent with safety, permits the operator of a

motor vehicle to turn such vehicle right at a red stop light

after stopping and to turn such vehicle left from a one-way

street onto a one-way street at a red light after stopping; and

(6) procedures for ensuring effective coordination among

various local, State, and Federal energy conservation programs

within the State, including any program administered within the

Office of Technical and Financial Assistance of the Department of

Energy and the Low Income Home Energy Assistance Program

administered by the Department of Health and Human Services.

(d) Optional features of plans

Each proposed State energy conservation plan may include -

(1) restrictions governing the hours and conditions of

operation of public buildings (except buildings owned or leased

by the United States);

(2) restrictions on the use of decorative or nonessential

lighting;

(3) programs to increase transportation energy efficiency,

including programs to accelerate the use of alternative

transportation fuels for State government vehicles, fleet

vehicles, taxies, mass transit, and privately owned vehicles;

(4) programs of public education to promote energy

conservation;

(5) programs for financing energy efficiency and renewable

energy capital investments, projects, and programs -

(A) which may include loan programs and performance

contracting programs for leveraging of additional public and

private sector funds, and programs which allow rebates, grants,

or other incentives for the purchase and installation of energy

efficiency and renewable energy measures; or

(B) in addition to or in lieu of programs described in

subparagraph (A), which may be used in connection with public

or nonprofit buildings owned and operated by a State, a

political subdivision of a State or an agency or

instrumentality of a State, or an organization exempt from

taxation under section 501(c)(3) of title 26;

(6) programs for encouraging and for carrying out energy audits

with respect to buildings and industrial facilities (including

industrial processes) within the State;

(7) programs to promote the adoption of integrated energy plans

which provide for -

(A) periodic evaluation of a State's energy needs, available

energy resources (including greater energy efficiency), and

energy costs; and

(B) utilization of adequate and reliable energy supplies,

including greater energy efficiency, that meet applicable

safety, environmental, and policy requirements at the lowest

cost;

(8) programs to promote energy efficiency in residential

housing, such as -

(A) programs for development and promotion of energy

efficiency rating systems for newly constructed housing and

existing housing so that consumers can compare the energy

efficiency of different housing; and

(B) programs for the adoption of incentives for builders,

utilities, and mortgage lenders to build, service, or finance

energy efficient housing;

(9) programs to identify unfair or deceptive acts or practices

which relate to the implementation of energy efficiency measures

and renewable resource energy measures and to educate consumers

concerning such acts or practices;

(10) programs to modify patterns of energy consumption so as to

reduce peak demands for energy and improve the efficiency of

energy supply systems, including electricity supply systems;

(11) programs to promote energy efficiency as an integral

component of economic development planning conducted by State,

local, or other governmental entities or by energy utilities;

(12) in accordance with subsection (f)(2) of this section,

programs to implement the Energy Technology Commercialization

Services Program;

(13) programs (enlisting appropriate trade and professional

organizations in the development and financing of such programs)

to provide training and education (including, if appropriate,

training workshops, practice manuals, and testing for each area

of energy efficiency technology) to building designers and

contractors involved in building design and construction or in

the sale, installation, and maintenance of energy systems and

equipment to promote building energy efficiency improvements;

(14) programs for the development of building retrofit

standards and regulations, including retrofit ordinances enforced

at the time of the sale of a building;

(15) support for prefeasibility and feasibility studies for

projects that utilize renewable energy and energy efficiency

resource technologies in order to facilitate access to capital

and credit for such projects;

(16) programs to facilitate and encourage the voluntary use of

renewable energy technologies for eligible participants in

Federal agency programs, including the Rural Electrification

Administration and the Farmers Home Administration; and

(17) any other appropriate method or programs to conserve and

to promote efficiency in the use of energy.

(e) Standby plans

The Governor of any State may submit to the Secretary a State

energy conservation plan which is a standby energy conservation

plan to significantly reduce energy demand by regulating the public

and private consumption of energy during a severe energy supply

interruption, which plan may be separately eligible for Federal

assistance under this part without regard to subsections (c) and

(d) of this section.

(f) Energy Technology Commercialization Services Program

(1) The purposes of this subsection are to -

(A) strengthen State outreach programs to aid small and

start-up businesses;

(B) foster a broader application of engineering principles and

techniques to energy technology products, manufacturing, and

commercial production by small and start-up businesses; and

(C) foster greater assistance to small and start-up businesses

in dealing with the Federal Government on energy technology

related matters.

(2) The programs to implement the functions of the Energy

Technology Commercialization Services Program, as provided for by

subsection (d)(12) of this section, shall -

(A) aid small and start-up businesses in discovering useful and

practical information relating to manufacturing and commercial

production techniques and costs associated with new energy

technologies;

(B) encourage the application of such information in order to

solve energy technology product development and manufacturing

problems;

(C) establish an Energy Technology Commercialization Services

Program affiliated with an existing entity in each State;

(D) coordinate engineers and manufacturers to aid small and

start-up businesses in solving specific technical problems and

improving the cost effectiveness of methods for manufacturing new

energy technologies;

(E) assist small and start-up businesses in preparing the

technical portions of proposals seeking financial assistance for

new energy technology commercialization; and

(F) facilitate contract research between university faculty and

students and small start-up businesses, in order to improve

energy technology product development and independent quality

control testing.

(3) Each State energy technology commercialization services

program shall develop and maintain a data base of engineering and

scientific experts in energy technologies and product

commercialization interested in participating in the service. Such

data base shall, at a minimum, include faculty of institutions of

higher education, retired manufacturing experts, and national

laboratory personnel.

(4) The services provided by the energy technology

commercialization services programs established under this

subsection shall be available to any small or start-up business.

Such service programs shall charge fees which are affordable to a

party eligible for assistance, which shall be determined by

examining factors, including the following: (A) the costs of the

services received; (B) the need of the recipient for the services;

and (C) the ability of the recipient to pay for the services.

(5) For the purposes of this subsection, the term -

(A) "institution of higher education" has the same meaning as

such term is defined in section 1001 of title 20;

(B) "small business" means a private firm that does not exceed

the numerical size standard promulgated by the Small Business

Administration under section 632(a) of title 15 for the Standard

Industrial Classification (SIC) codes designated by the Secretary

of Energy; and

(C) "start-up business" means a small business which has been

in existence for 5 years or less.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 362, Dec. 22, 1975, 89 Stat. 933;

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

3288; Pub. L. 101-440, Secs. 3(a), 4(a), (b), Oct. 18, 1990, 104

Stat. 1006-1008; Pub. L. 102-486, title I, Sec. 141(b), (c)(1),

Oct. 24, 1992, 106 Stat. 2841; Pub. L. 105-244, title I, Sec.

102(a)(13)(E), Oct. 7, 1998, 112 Stat. 1620; Pub. L. 105-388, Sec.

5(a)(8), Nov. 13, 1998, 112 Stat. 3478.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-388, Sec. 5(a)(8)(A), inserted

"of" after "of the implementation".

Subsec. (d)(12). Pub. L. 105-388, Sec. 5(a)(8)(B), substituted

"subsection (f)(2)" for "subsection (g)".

Subsec. (f)(5)(A). Pub. L. 105-244 substituted "section 1001" for

"section 1141(a)".

1992 - Subsec. (c)(5). Pub. L. 102-486, Sec. 141(c)(1),

substituted "and to turn such vehicle left from a one-way street

onto a one-way street at a red light after stopping; and" for ";

and".

Subsec. (d)(13) to (17). Pub. L. 102-486, Sec. 141(b), added

pars. (13) to (16) and redesignated former par. (13) as (17).

1990 - Subsec. (c)(6). Pub. L. 101-440, Sec. 3(a), added par.

(6).

Subsec. (d)(3). Pub. L. 101-440, Sec. 4(a)(1), added par. (3) and

struck out former par. (3) which read as follows: "transportation

controls;".

Subsec. (d)(5) to (13). Pub. L. 101-440, Sec. 4(a)(3), added

pars. (5) to (13) and struck out former par. (5) which read as

follows: "any other appropriate method or programs to conserve and

to improve efficiency in the use of energy."

Subsec. (f). Pub. L. 101-440, Sec. 4(b), added subsec. (f).

1978 - Subsecs. (a), (b), (e). Pub. L. 95-619 substituted

"Secretary" for "Administrator", meaning Administrator of the

Federal Energy Administration, wherever appearing.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 141(c)(2) of Pub. L. 102-486 provided that: "The

amendment made by paragraph (1) [amending this section] shall take

effect January 1, 1995."

STUDY REGARDING IMPACT OF PERMITTING RIGHT AND LEFT TURNS ON RED

LIGHTS

Section 141(d) of Pub. L. 102-486 provided that:

"(1) In General. - The Administrator of the National Highway

Traffic Safety Administration, in consultation with State agencies

with jurisdiction over traffic safety issues, shall conduct a study

on the safety impact of the requirement specified in section

362(c)(5) of the Energy Policy and Conservation Act (42 U.S.C.

6322(c)(5)), particularly with respect to the impact on pedestrian

safety.

"(2) Report. - The Administrator shall report the findings of the

study conducted under paragraph (1) to the Congress and the

Secretary not later than 2 years after the date of the enactment of

this Act [Oct. 24, 1992]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5511a, 6323, 6323a, 6325,

6371 of this title.

-End-

-CITE-

42 USC Sec. 6323 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part B - State Energy Conservation Plans

-HEAD-

Sec. 6323. Federal assistance to States

-STATUTE-

(a) Information, technical assistance, and assistance in

preparation of reports and development, implementation, or

modification of energy conservation plan

Upon request of the Governor of any State, the Secretary shall

provide, subject to the availability of personnel and funds,

information and technical assistance, including model State laws

and proposed regulations relating to energy conservation, and other

assistance in -

(1) the preparation of the reports described in section 6322 of

this title, and

(2) the development, implementation, or modification of an

energy conservation plan of such State submitted under section

6322(b) or (e) of this title.

(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

(1) The Secretary may grant Federal financial assistance pursuant

to this section for the purpose of assisting such State in the

development of any such energy conservation plan or in the

implementation or modification of a State energy conservation plan

or part thereof which has been submitted to and approved by the

Secretary pursuant to this part.

(2) In determining whether to approve a State energy conservation

plan submitted under section 6322(b) or (e) of this title, the

Secretary -

(A) shall take into account the impact of local economic,

climatic, geographic, and other unique conditions and

requirements of such State on the opportunity to conserve and to

improve efficiency in the use of energy in such State; and

(B) may extend the period of time during which a State energy

conservation feasibility report or State energy conservation plan

may be submitted if the Secretary determines that participation

by the State submitting such report or plan is likely to result

in significant progress toward achieving the purposes of this

chapter.

No such plan shall be disapproved without notice and an opportunity

to present views.

(3) In determining the amount of Federal financial assistance to

be provided to any State under this subsection, the Secretary shall

consider -

(A) the contribution to energy conservation which can

reasonably be expected,

(B) the number of people affected by such plan, and

(C) the consistency of such plan with the purposes of this

chapter, and such other factors as the Secretary deems

appropriate.

(c) Records

Each recipient of Federal financial assistance under subsection

(b) of this section shall keep such records as the Secretary shall

require, including records which fully disclose the amount and

disposition by each recipient of the proceeds of such assistance,

the total cost of the plan, program, projects, measures, or systems

for which such assistance was given or used, the source and amount

of funds for such plan, program, projects, measures, or systems not

supplied by the Secretary, and such other records as the Secretary

determines necessary to facilitate an effective audit and

performance evaluation. The Secretary and Comptroller General of

the United States, or any of their duly authorized representatives,

shall have access for the purpose of audit and examination, at

reasonable times and under reasonable conditions, to any pertinent

books, documents, papers, and records of any recipient of Federal

assistance under this part.

(d) Assistance as supplementing and not supplanting State and local

funds

Each State receiving Federal financial assistance pursuant to

this section shall provide reasonable assurance to the Secretary

that it has established policies and procedures designed to assure

that Federal financial assistance under this part and under part E

of this subchapter will be used to supplement, and not to supplant,

State and local funds, and to the extent practicable, to increase

the amount of such funds that otherwise would be available, in the

absence of such Federal financial assistance, for those programs

set forth in the State energy conservation plan approved pursuant

to subsection (b) of this section.

(e) Energy emergency planning program as prerequisite to assistance

(1) Effective October 1, 1991, to be eligible for Federal

financial assistance pursuant to this section, a State shall submit

to the Secretary, as a supplement to its energy conservation plan,

an energy emergency planning program for an energy supply

disruption, as designed by the State consistent with applicable

Federal and State law. The contingency plan provided for by the

program shall include an implementation strategy or strategies

(including regional coordination) for dealing with energy

emergencies. The submission of such plan shall be for informational

purposes only and without any requirement of approval by the

Secretary.

(2) Federal financial assistance made available under this part

to a State may be used to develop and conduct the energy emergency

planning program requirement referred to in paragraph (1).

(f) State buildings energy efficiency improvements incentive fund

If the Secretary determines that a State has demonstrated a

commitment to improving the energy efficiency of buildings within

such State, the Secretary may, beginning in fiscal year 1994,

provide up to $1,000,000 to such State for deposit into a revolving

fund established by such State for the purpose of financing energy

efficiency improvements in State and local government buildings. In

making such determination the Secretary shall consider whether -

(1) such State, or a majority of the units of local government

with jurisdiction over building energy codes within such State,

has adopted codes for energy efficiency in new buildings that are

at least as stringent as American Society of Heating,

Refrigerating, and Air-Conditioning Engineers Standard 90.1-1989

(with respect to commercial buildings) and Council of American

Building Officials Model Energy Code, 1992 (with respect to

residential buildings);

(2) such State has established a program, including a revolving

fund, to finance energy efficiency improvement projects in State

and local government facilities and buildings; and

(3) such State has obtained funding from non-Federal sources,

including but not limited to, oil overcharge funds, State or

local government appropriations, or utility contributions

(including rebates) equal to or greater than three times the

amount provided by the Secretary under this subsection for

deposit into such revolving fund.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 363, Dec. 22, 1975, 89 Stat. 934;

Pub. L. 94-385, title IV, Sec. 432(b), (c), Aug. 14, 1976, 90 Stat.

1162; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92

Stat. 3288; Pub. L. 101-440, Sec. 3(b), Oct. 18, 1990, 104 Stat.

1007; Pub. L. 102-486, title I, Sec. 141(a)(1), Oct. 24, 1992, 106

Stat. 2840.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(2)(B), (3)(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.

-MISC1-

AMENDMENTS

1992 - Subsec. (f). Pub. L. 102-486 added subsec. (f).

1990 - Subsecs. (d), (e). Pub. L. 101-440 added subsecs. (d) and

(e).

1978 - Pub. L. 95-619 substituted "Secretary" for

"Administrator", meaning Administrator of the Federal Energy

Administration, wherever appearing.

1976 - Subsec. (b)(2). Pub. L. 94-385, Sec. 432(b), inserted

provision requiring notice and opportunity to present views prior

to disapproval of plans.

Subsec. (c). Pub. L. 94-385, Sec. 432(c), inserted references to

plan, measures, or systems wherever appearing and required that

examinations be at reasonable times and under reasonable

conditions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6323a, 6325 of this

title.

-End-

-CITE-

42 USC Sec. 6323a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part B - State Energy Conservation Plans

-HEAD-

Sec. 6323a. Matching State contributions

-STATUTE-

For the base State Energy Conservation Program (part D of the

Energy Policy and Conservation Act, sections 361 through 366 [42

U.S.C. 6321-6326]), each State will hereafter match in cash or in

kind not less than 20 percent of the Federal contribution.

-SOURCE-

(Pub. L. 98-473, title I, Sec. 101(c) [title II], Oct. 12, 1984, 98

Stat. 1837, 1861.)

-REFTEXT-

REFERENCES IN TEXT

The Energy Policy and Conservation Act, referred to in text, is

Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended. Part D of

title III of the Energy Policy and Conservation Act, as amended, is

classified generally to this part (Sec. 6321 et seq.). For complete

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

out under section 6201 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Department of the Interior and

Related Agencies Appropriations Act, 1985, as enacted by Pub. L.

98-473, and not as part of the Energy Policy and Conservation Act

which comprises this chapter.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation act:

Pub. L. 98-146, title II, Nov. 4, 1983, 97 Stat. 942.

-End-

-CITE-

42 USC Sec. 6324 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part B - State Energy Conservation Plans

-HEAD-

Sec. 6324. State energy efficiency goals

-STATUTE-

Each State energy conservation plan with respect to which

assistance is made available under this part on or after October 1,

1991, shall contain a goal, consisting of an improvement of 10

percent or more in the efficiency of use of energy in the State

concerned in the calendar year 2000 as compared to the calendar

year 1990, and may contain interim goals.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 364, Dec. 22, 1975, 89 Stat. 935;

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

3288; Pub. L. 101-440, Sec. 2(a)(1), Oct. 18, 1990, 104 Stat.

1006.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-440 amended section generally. Prior to

amendment, section read as follows: "Upon the basis of the reports

submitted pursuant to this part and such other information as is

available, the Secretary shall, at the earliest practicable date,

set an energy conservation goal for each State for 1980 and may set

interim goals. Such goal or goals shall consist of the maximum

reduction in the consumption of energy during any year as a result

of the implementation of the State energy conservation plan

described in section 6322(b) of this title which is consistent with

technological feasibility, financial resources, and economic

objectives, by comparison with the projected energy consumption for

such State in such year. The Secretary shall specify the

assumptions used in the determination of the projected energy

consumption in each State, taking into account population trends,

economic growth, and the effects of national energy conservation

programs."

1978 - 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 sections 6323a, 6325 of this

title.

-End-

-CITE-

42 USC Sec. 6325 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part B - State Energy Conservation Plans

-HEAD-

Sec. 6325. General provisions

-STATUTE-

(a) Rules

The Secretary may prescribe such rules as may be necessary or

appropriate to carry out his authority under this part.

(b) Departmental consultation

In carrying out the provisions of sections 6322 and 6324 of this

title and subsection (a) of section 6323 of this title, the

Secretary shall consult with appropriate departments and Federal

agencies.

(c) Annual report

The Secretary shall, as part of the report required under section

7267 of this title, report to the President and the Congress, and

shall furnish copies of such report to the Governor of each State,

on the operation of the program under this part. Such report shall

include an estimate of the energy conservation achieved, the degree

of State participation and achievement, a description of innovative

conservation programs undertaken by individual States, and the

recommendations of the Secretary, if any, for additional

legislation.

(d) Duty of Federal Trade Commission to prevent unfair or deceptive

practices or acts relating to implementation of energy measures

The Federal Trade Commission shall (1) cooperate with and assist

State agencies which have primary responsibilities for the

protection of consumers in activities aimed at preventing unfair

and deceptive acts or practices affecting commerce which relate to

the implementation of measures likely to conserve, or improve

efficiency in the use of, energy, including energy conservation

measures and renewable-resource energy measures, and (2) undertake

its own program, pursuant to the Federal Trade Commission Act [15

U.S.C. 41 et seq.], to prevent unfair or deceptive acts or

practices affecting commerce which relate to the implementation of

any such measures.

(e) List of energy measures eligible for financial assistance;

designation of types and requirements of energy audits

Within 90 days after August 14, 1976, the Secretary shall -

(1) develop, by rule after consultation with the Secretary of

Housing and Urban Development, and publish a list of energy

conservation measures and renewable-resource energy measures

which are eligible (on a national or regional basis) for

financial assistance pursuant to section 1701z-8 of title 12 or

section 6881 of this title;

(2) designate, by rule, the types of, and requirements for,

energy audits.

(f) Authorization of appropriations

For the purpose of carrying out this part, there are authorized

to be appropriated for fiscal years 1999 through 2003 such sums as

may be necessary.

(g) State Energy Advisory Board

(1)(A) There is hereby established within the Department of

Energy a State Energy Advisory Board (hereafter in this subsection

referred to as the "Board") which shall consist of at least 18 and

not more than 21 members appointed by the Secretary as soon as

practicable but no later than September 30, 1991. At least eight of

the members of the Board shall be persons who serve as directors of

the State agency, or a division of such agency, responsible for

developing State energy conservation plans pursuant to section 6322

of this title. At least four members shall be directors of State or

local low income weatherization assistance programs. Other members

shall be appointed from persons who have experience in energy

efficiency or renewable energy programs from the private sector,

consumer interest groups, utilities, public utility commissions,

educational institutions, financial institutions, local government

energy programs, or research institutions. A majority of the

members of the Board shall be State employees.

(B)(i) Except as provided in clause (ii), the members of the

Board shall serve a term of three years.

(ii) Of the members first appointed to the Board, one-third shall

serve a term of one year, one-third shall serve a term of two

years, and the remainder shall serve a term of three years, as

specified by the Secretary.

(2) The Board shall -

(A) make recommendations to the Assistant Secretary for

Conservation and Renewable Energy within the Department of Energy

with respect to -

(i) the energy efficiency goals and objectives of the

programs carried out under this part, part E of this

subchapter, and under part A of title IV of the Energy

Conservation and Production Act [42 U.S.C. 6861 et seq.]; and

(ii) programmatic and administrative policies designed to

strengthen and improve the programs referred to in clause (i),

including actions that should be considered to encourage

non-Federal resources (including private resources) to

supplement Federal financial assistance;

(B) serve as a liaison between the States and such Department

on energy efficiency and renewable energy resource programs; and

(C) encourage transfer of the results of research and

development activities carried out by the Federal Government with

respect to energy efficiency and renewable energy resource

technologies.

(3) The Secretary shall designate one of the members of the Board

to serve as its chairman and one to serve as its vice-chairman. The

chairman and vice-chairman shall serve in those offices no longer

than two years.

(4) The Secretary shall provide the Board with such reasonable

services and facilities as may be necessary for the performance of

its functions.

(5) The Board shall be nonpartisan.

(6) The Board may adopt administrative rules and procedures and

may elect one of its members secretary of the Board.

(7) Consistent with Federal regulations, the Secretary shall

reimburse members of the Board for expenses (including travel

expenses) necessarily incurred by them in the performance of their

duties.

(8) The Board shall meet at least twice a year and shall submit

an annual report to the Secretary and the Congress on the

activities carried out by the Board in the previous fiscal year,

including an accounting of the expenses reimbursed under paragraph

(7) with respect to the year for which the report is made and any

recommendations it may have for administrative or legislative

changes concerning the matters referred to in subparagraphs (A),

(B), and (C) of paragraph (2).

(9) The Board shall continue until terminated by law.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 365, Dec. 22, 1975, 89 Stat. 935;

Pub. L. 94-385, title IV, Sec. 432(d), Aug. 14, 1976, 90 Stat.

1162; Pub. L. 95-619, title VI, Secs. 621, 691(b)(2), Nov. 9, 1978,

92 Stat. 3283, 3288; Pub. L. 101-440, Secs. 5, 8(a), Oct. 18, 1990,

104 Stat. 1009, 1015; Pub. L. 102-486, title I, Sec. 141(a)(2),

Oct. 24, 1992, 106 Stat. 2841; Pub. L. 104-66, title I, Sec.

1052(f), Dec. 21, 1995, 109 Stat. 718; Pub. L. 105-388, Sec. 2(a),

Nov. 13, 1998, 112 Stat. 3477.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (d), 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.

The Energy Conservation and Production Act, referred to in

subsec. (g)(2)(A)(i), is Pub. L. 94-385, Aug. 14, 1976, 90 Stat.

1125, as amended. Part A of title IV of the Act is classified

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

chapter 81 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 6801 of

this title and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (f). Pub. L. 105-388 amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows:

"(f)(1) Except as provided in paragraph (2), for the purpose of

carrying out this part, there are authorized to be appropriated not

to exceed $25,000,000 for fiscal year 1991, $35,000,000 for fiscal

year 1992, and $45,000,000 for fiscal year 1993.

"(2) For the purposes of carrying out section 6323(f) of this

title, there is authorized to be appropriated for fiscal year 1994

and each fiscal year thereafter such sums as may be necessary, to

remain available until expended."

1995 - Subsec. (c). Pub. L. 104-66 substituted ", as part of the

report required under section 7267 of this title, report" for

"report annually" in first sentence.

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

provisions as par. (1), substituted "Except as provided in

paragraph (2), for the purpose" for "For the purpose", and added

par. (2).

1990 - Subsec. (f). Pub. L. 101-440, Sec. 8(a), amended subsec.

(f) generally. Prior to amendment, subsec. (f) read as follows:

"There are authorized to be appropriated for carrying out the

provisions of this part (other than section 6327 of this title)

$50,000,000 for fiscal year 1976, $50,000,000 for fiscal year 1977,

$50,000,000 for fiscal year 1978, and $50,000,000 for fiscal year

1979."

Subsec. (g). Pub. L. 101-440, Sec. 5, added subsec. (g).

1978 - Subsecs. (a) to (c), (e). Pub. L. 95-619, Sec. 691(b)(2),

substituted "Secretary" for "Administrator", meaning Administrator

of the Federal Energy Administration, wherever appearing.

Subsec. (f). Pub. L. 95-619, Sec. 621, authorized to be

appropriated $50,000,000 for fiscal year 1979.

1976 - Subsec. (d). Pub. L. 94-385, Sec. 432(d)(1), (2), added

subsec. (d). Former subsec. (d) redesignated (f).

Subsec. (e). Pub. L. 94-385, Sec. 432(d)(2), added subsec. (e).

Subsec. (f). Pub. L. 94-385, Sec. 432(d)(1), (3), redesignated

former subsec. (d) as (f) and inserted "(other than section 6327 of

this title)" after "part".

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 16th item on page 87 identifies a reporting provision

which, as subsequently amended, is contained in subsec. (c) of this

section and in which the 14th item on page 91 identifies a

reporting provision in subsec. (g)(8) of this section), see section

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

1113 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6323a, 6326, 6371, 6865,

6881, 7267 of this title; title 12 section 1701z-8.

-End-

-CITE-

42 USC Sec. 6326 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part B - State Energy Conservation Plans

-HEAD-

Sec. 6326. Definitions

-STATUTE-

As used in this part -

(1) The term "appliance" means any article, such as a room

air-conditioner, refrigerator-freezer, or dishwasher, which the

Secretary classifies as an appliance for purposes of this part.

(2) The term "building" means any structure which includes

provision for a heating or cooling system, or both, or for a hot

water system.

(3) The term "energy audit" means any process which identifies

and specifies the energy and cost savings which are likely to be

realized through the purchase and installation of particular

energy conservation measures or renewable-resource energy

measures and which -

(A) is carried out in accordance with rules of the Secretary;

and

(B) imposes -

(i) no direct costs, with respect to individuals who are

occupants of dwelling units in any State having a

supplemental State energy conservation plan approved under

section 6327 (!1) of this title, and

(ii) only reasonable costs, as determined by the Secretary,

with respect to any person not described in clause (i).

Rules referred to in subparagraph (A) may include minimum

qualifications for, and provisions with respect to conflicts of

interest of, persons carrying out such energy audits.

(4) The term "energy conservation measure" means a measure

which modifies any building, building system, energy consuming

device associated with the building, or industrial plant, the

construction of which has been completed prior to May 1, 1989, if

such measure has been determined by means of an energy audit or

by the Secretary, by rule under section 6325(e)(1) of this title,

to be likely to maintain or improve the efficiency of energy use

and to reduce energy costs (as calculated on the basis of energy

costs reasonably projected over time, as determined by the

Secretary) in an amount sufficient to enable a person to recover

the total cost of purchasing and installing such measure (without

regard to any tax benefit or Federal financial assistance

applicable thereto) within the period of -

(A) the useful life of the modification involved, as

determined by the Secretary, or

(B) 15 years after the purchase and installation of such

measure,

whichever is less. Such term does not include (i) the purchase or

installation of any appliance, (ii) any conversion from one fuel

or source of energy to another which is of a type which the

Secretary, by rule, determines is ineligible on the basis that

such type of conversion is inconsistent with national policy with

respect to energy conservation or reduction of imports of fuels,

or (iii) any measure, or type of measure, which the Secretary

determines does not have as its primary purpose an improvement in

efficiency of energy use.

(5) The term "industrial plant" means any fixed equipment or

facility which is used in connection with, or as part of, any

process or system for industrial production or output.

(6) The term "renewable-resource energy measure" means a

measure which modifies any building or industrial plant, the

construction of which has been completed prior to August 14,

1976, if such measure has been determined by means of an energy

audit or by the Secretary, by rule under section 6325(e)(1) of

this title, to -

(A) involve changing, in whole or in part, the fuel or source

of the energy used to meet the requirements of such building or

plant from a depletable source of energy to a nondepletable

source of energy; and

(B) be likely to reduce energy costs (as calculated on the

basis of energy costs reasonably projected over time, as

determined by the Secretary) in an amount sufficient to enable

a person to recover the total cost of purchasing and installing

such measure (without regard to any tax benefit or Federal

financial assistance applicable thereto) within the period of -

(i) the useful life of the modification involved, as

determined by the Secretary, or

(ii) 25 years after the purchase and installation of such

measure,

whichever is less.

Such term does not include the purchase or installation of any

appliance.

(7) The term "public building" means any building which is open

to the public during normal business hours.

(8) The term "transportation controls" means any plan,

procedure, method, or arrangement, or any system of incentives,

disincentives, restrictions, and requirements, which is designed

to reduce the amount of energy consumed in transportation, except

that the term does not include rationing of gasoline or diesel

fuel.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 366, Dec. 22, 1975, 89 Stat. 935;

Pub. L. 94-385, title IV, Sec. 431, Aug. 14, 1976, 90 Stat. 1158;

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

3288; Pub. L. 101-440, Sec. 2(b), Oct. 18, 1990, 104 Stat. 1006.)

-REFTEXT-

REFERENCES IN TEXT

Section 6327 of this title, referred to in par. (3)(B)(i), was

repealed by Pub. L. 101-440, Sec. 4(c)(1), Oct. 18, 1990, 104 Stat.

1009.

-MISC1-

AMENDMENTS

1990 - Par. (4). Pub. L. 101-440 substituted "building, building

system, energy consuming device associated with the building, or

industrial" for "building or industrial", "May 1, 1989" for "August

14, 1976", and "maintain or improve the efficiency" for "improve

the efficiency".

1978 - Pars. (1), (3)(A), (B)(ii), (4), (A), (6), (B), (B)(i).

Pub. L. 95-619 substituted "Secretary" for "Administrator", meaning

Administrator of the Federal Energy Administration, wherever

appearing.

1976 - Pub. L. 94-385 redesignated former pars. (1) and (2) as

(7) and (8), respectively, and added pars. (1) to (6).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6323a, 6881 of this

title; title 12 section 1701z-8.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6327 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part B - State Energy Conservation Plans

-HEAD-

Sec. 6327. Repealed. Pub. L. 101-440, Sec. 4(c)(1), Oct. 18, 1990,

104 Stat. 1009

-MISC1-

Section, Pub. L. 94-163, title III, Sec. 367, as added Pub. L.

94-385, title IV, Sec. 432(a), Aug. 14, 1976, 90 Stat. 1160;

amended Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs.

703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95-619,

title VI, Secs. 622, 691(b)(2), Nov. 9, 1978, 92 Stat. 3283, 3288,

related to supplemental State energy conservation plans.

-End-

-CITE-

42 USC Part C - Industrial Energy Conservation 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part C - Industrial Energy Conservation

-HEAD-

PART C - INDUSTRIAL ENERGY CONSERVATION

-COD-

CODIFICATION

This part, originally designated part D and subsequently

redesignated part E by Pub. L. 95-619, title IV, Sec. 441(a), Nov.

9, 1978, 92 Stat. 3267, was changed to part C for purposes of

codification.

-End-

-CITE-

42 USC Secs. 6341 to 6346 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part C - Industrial Energy Conservation

-HEAD-

Secs. 6341 to 6346. Repealed. Pub. L. 99-509, title III, Sec.

3101(b), Oct. 21, 1986, 100 Stat. 1888

-MISC1-

Section 6341, Pub. L. 94-163, title III, Sec. 371, Dec. 22, 1975,

89 Stat. 936; Pub. L. 95-619, title VI, Secs. 601(c), 691(b)(2),

Nov. 9, 1978, 92 Stat. 3283, 3288, defined terms used in this part.

Section 6342, Pub. L. 94-163, title III, Sec. 372, Dec. 22, 1975,

89 Stat. 936; Pub. L. 95-91, title III, Sec. 301(a), title VII,

Secs. 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L.

95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat. 3288,

directed Secretary to establish and maintain an energy efficient

program.

Section 6343, Pub. L. 94-163, title III, Sec. 373, Dec. 22, 1975,

89 Stat. 936; Pub. L. 95-619, title VI, Secs. 601(a), 691(b)(2),

Nov. 9, 1978, 92 Stat. 3282, 3288, directed Secretary to identify

major energy-consuming industries and corporations in the United

States.

Section 6344, Pub. L. 94-163, title III, Sec. 374, Dec. 22, 1975,

89 Stat. 936; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9,

1978, 92 Stat. 3288, directed Secretary to establish individual

energy improvement targets for each of 10 most energy-consumptive

industries.

Section 6344a, Pub. L. 94-163, title III, Sec. 374A, as added

Pub. L. 95-619, title IV, Sec. 461(c), Nov. 9, 1978, 92 Stat. 3273,

directed Secretary to set targets for increased utilization of

energy-saving recovered materials for specified industries.

Section 6345, Pub. L. 94-163, title III, Sec. 375, Dec. 22, 1975,

89 Stat. 937; Pub. L. 95-619, title VI, Sec. 601(b), Nov. 9, 1978,

92 Stat. 3282, required reports from corporations to Secretary on

progress made in improving energy efficiency and an annual report

from Secretary to Congress and President on progress toward

achieving energy efficiency program improvement targets.

Section 6346, Pub. L. 94-163, title III, Sec. 376, Dec. 22, 1975,

89 Stat. 938; Pub. L. 95-619, title IV, Sec. 461(d)(1), title VI,

Sec. 691(b)(2), Nov. 9, 1978, 92 Stat. 3275, 3288, contained

general provisions relating to reporting and use of information

under this part and to development of and compliance with energy

efficiency improvement targets.

-End-

-CITE-

42 USC Sec. 6347 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part C - Industrial Energy Conservation

-HEAD-

Sec. 6347. Omitted

-COD-

CODIFICATION

Section, Pub. L. 96-294, title V, Sec. 591, June 30, 1980, 94

Stat. 761, authorized appropriations to Secretary of Energy of

$40,000,000 for each of fiscal years ending Sept. 30, 1981 and

1982, for industrial energy conservation demonstration projects

designed to substantially increase productivity in industry.

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

as part of the Energy Policy and Conservation Act which comprises

this chapter.

-End-

-CITE-

42 USC Sec. 6348 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part C - Industrial Energy Conservation

-HEAD-

Sec. 6348. Energy efficiency in industrial facilities

-STATUTE-

(a) Grant program

(1) In general

The Secretary shall make grants to industry associations to

support programs to improve energy efficiency in industry. In

order to be eligible for a grant under this subsection, an

industry association shall establish a voluntary energy

efficiency improvement target program.

(2) Awarding of grants

The Secretary shall request project proposals and provide

annual grants on a competitive basis. In evaluating grant

proposals under this subsection, the Secretary shall consider -

(A) potential energy savings;

(B) potential environmental benefits;

(C) the degree of cost sharing;

(D) the degree to which new and innovative technologies will

be encouraged;

(E) the level of industry involvement;

(F) estimated project cost-effectiveness; and

(G) the degree to which progress toward the energy

improvement targets can be monitored.

(3) Eligible projects

Projects eligible for grants under this subsection may include

the following:

(A) Workshops.

(B) Training seminars.

(C) Handbooks.

(D) Newsletters.

(E) Data bases.

(F) Other activities approved by the Secretary.

(4) Limitation on cost sharing

Grants provided under this subsection shall not exceed $250,000

and each grant shall not exceed 75 percent of the total cost of

the project for which the grant is made.

(5) Authorization

There are authorized to be appropriated such sums as are

necessary to carry out this subsection.

(b) Award program

The Secretary shall establish an annual award program to

recognize those industry associations or individual industrial

companies that have significantly improved their energy efficiency.

(c) Report on industrial reporting and voluntary targets

Not later than one year after October 24, 1992, the Secretary

shall, in consultation with affected industries, evaluate and

report to the Congress regarding the establishment of Federally

mandated energy efficiency reporting requirements and voluntary

energy efficiency improvement targets for energy intensive

industries. Such report shall include an evaluation of the costs

and benefits of such reporting requirements and voluntary energy

efficiency improvement targets, and recommendations regarding the

role of such activities in improving energy efficiency in energy

intensive industries.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 131, Oct. 24, 1992, 106 Stat.

2836.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the Energy Policy and Conservation Act which

comprises this chapter.

-End-

-CITE-

42 USC Sec. 6349 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part C - Industrial Energy Conservation

-HEAD-

Sec. 6349. Process-oriented industrial energy efficiency

-STATUTE-

(a) Definitions

For the purposes of this section -

(1) the term "covered industry" means the food and food

products industry, lumber and wood products industry, petroleum

and coal products industry, and all other manufacturing

industries specified in Standard Industrial Classification Codes

20 through 39 (or successor classification codes);

(2) the term "process-oriented industrial assessment" means -

(A) the identification of opportunities in the production

process (from the introduction of materials to final packaging

of the product for shipping) for -

(i) improving energy efficiency;

(ii) reducing environmental impact; and

(iii) designing technological improvements to increase

competitiveness and achieve cost-effective product quality

enhancement;

(B) the identification of opportunities for improving the

energy efficiency of lighting, heating, ventilation, air

conditioning, and the associated building envelope; and

(C) the identification of cost-effective opportunities for

using renewable energy technology in the production process and

in the systems described in subparagraph (B); and

(3) the term "utility" means any person, State agency

(including any municipality), or Federal agency, which sells

electric or gas energy to retail customers.

(b) Grant program

(1) Use of funds

The Secretary shall, to the extent funds are made available for

such purpose, make grants to States which, consistent with State

law, shall be used for the following purposes:

(A) To promote, through appropriate institutions such as

universities, nonprofit organizations, State and local

government entities, technical centers, utilities, and trade

organizations, the use of energy-efficient technologies in

covered industries.

(B) To establish programs to train individuals (on an

industry-by-industry basis) in conducting process-oriented

industrial assessments and to encourage the use of such trained

assessors.

(C) To assist utilities in developing, testing, and

evaluating energy efficiency programs and technologies for

industrial customers in covered industries.

(2) Consultation

States receiving grants under this subsection shall consult

with utilities and representatives of affected industries, as

appropriate, in determining the most effective use of such funds

consistent with the requirements of paragraph (1).

(3) Eligibility criteria

Not later than 1 year after October 24, 1992, the Secretary

shall establish eligibility criteria for grants made pursuant to

this subsection. Such criteria shall require a State applying for

a grant to demonstrate that such State -

(A) pursuant to section 2621(a) of title 16, has considered

and made a determination regarding the implementation of the

standards specified in paragraphs (7) and (8) of section

2621(d) of title 16 (with respect to integrated resources

planning and investments in conservation and demand

management); and

(B) by legislation or regulation -

(i) allows utilities to recover the costs prudently

incurred in providing process-oriented industrial

assessments; and

(ii) encourages utilities to provide to covered industries

-

(I) process-oriented industrial assessments; and

(II) financial incentives for implementing energy

efficiency improvements.

(4) Allocation of funds

Grants made pursuant to this subsection shall be allocated each

fiscal year among States meeting the criteria specified in

paragraph (3) who have submitted applications 60 days before the

first day of such fiscal year. Such allocation shall be made in

accordance with a formula to be prescribed by the Secretary based

on each State's share of value added in industry (as determined

by the Census of Manufacturers) as a percentage of the value

added by all such States.

(5) Renewal of grants

A grant under this subsection may continue to be renewed after

2 consecutive fiscal years during which a State receives a grant

under this subsection, subject to the availability of funds, if -

(A) the Secretary determines that the funds made available to

the State during the previous 2 years were used in a manner

required under paragraph (1); and

(B) such State demonstrates, in a manner prescribed by the

Secretary, utility participation in programs established

pursuant to this subsection.

(6) Coordination with other Federal programs

In carrying out the functions described in paragraph (1),

States shall, to the extent practicable, coordinate such

functions with activities and programs conducted by the Energy

Analysis and Diagnostic Centers of the Department of Energy and

the Manufacturing Technology Centers of the National Institute of

Standards and Technology.

(c) Other Federal assistance

(1) Assessment criteria

Not later than 2 years after October 24, 1992, the Secretary

shall, by contract with nonprofit organizations with expertise in

process-oriented industrial energy efficiency technologies,

establish and, as appropriate, update criteria for conducting

process-oriented industrial assessments on an

industry-by-industry basis. Such criteria shall be made available

to State and local government, public utility commissions,

utilities, representatives of affected process-oriented

industries, and other interested parties.

(2) Directory

The Secretary shall establish a nationwide directory of

organizations offering industrial energy efficiency assessments,

technologies, and services consistent with the purposes of this

section. Such directory shall be made available to State

governments, public utility commissions, utilities, industry

representatives, and other interested parties.

(3) Award program

The Secretary shall establish an annual award program to

recognize utilities operating outstanding or innovative

industrial energy efficiency technology assistance programs.

(4) Meetings

In order to further the purposes of this section, the Secretary

shall convene annual meetings of parties interested in

process-oriented industrial assessments, including

representatives of State government, public utility commissions,

utilities, and affected process-oriented industries.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out the purposes of this section.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 132, Oct. 24, 1992, 106 Stat. 2837;

Pub. L. 104-66, title I, Sec. 1052(a)(1), Dec. 21, 1995, 109 Stat.

717; Pub. L. 105-362, title IV, Sec. 401(d), Nov. 10, 1998, 112

Stat. 3282.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the Energy Policy and Conservation Act which

comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsecs. (d), (e). Pub. L. 105-362 redesignated subsec.

(e) as (d) and struck out heading and text of former subsec. (d)

which related to reports to Congress.

1995 - Subsec. (d). Pub. L. 104-66 substituted "Not later than

October 24, 1995, and biennially thereafter" for "Not later than 2

years after October 24, 1992, and annually thereafter" in

introductory provisions and added par. (6).

-End-

-CITE-

42 USC Sec. 6350 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part C - Industrial Energy Conservation

-HEAD-

Sec. 6350. Industrial insulation and audit guidelines

-STATUTE-

(a) Voluntary guidelines for energy efficiency auditing and

insulating

Not later than 18 months after October 24, 1992, the Secretary,

after consultation with utilities, major industrial energy

consumers, and representatives of the insulation industry, shall

establish voluntary guidelines for -

(1) the conduct of energy efficiency audits of industrial

facilities to identify cost-effective opportunities to increase

energy efficiency; and

(2) the installation of insulation to achieve cost-effective

increases in energy efficiency in industrial facilities.

(b) Educational and technical assistance

The Secretary shall conduct a program of educational and

technical assistance to promote the use of the voluntary guidelines

established under subsection (a) of this section.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 133, Oct. 24, 1992, 106 Stat. 2840;

Pub. L. 104-66, title I, Sec. 1052(a)(2), Dec. 21, 1995, 109 Stat.

717; Pub. L. 105-362, title IV, Sec. 401(e), Nov. 10, 1998, 112

Stat. 3282.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the Energy Policy and Conservation Act which

comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-362 struck out heading and text

of subsec. (c). Text read as follows: "Not later than 2 years after

October 24, 1995, and biennially thereafter, as part of the report

required under section 6349(d) of this title, the Secretary shall

report to the Congress on activities conducted pursuant to this

section, including -

"(1) a review of the status of industrial energy auditing

procedures; and

"(2) an evaluation of the effectiveness of the guidelines

established under subsection (a) of this section and the

responsiveness of the industrial sector to such guidelines."

1995 - Subsec. (c). Pub. L. 104-66 in introductory provisions

substituted "1995" for "1992", and inserted "as part of the report

required under section 6349(d) of this title," after "and

biennially thereafter,".

-End-

-CITE-

42 USC Part D - Other Federal Energy Conservation

Measures 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part D - Other Federal Energy Conservation Measures

-HEAD-

PART D - OTHER FEDERAL ENERGY CONSERVATION MEASURES

-COD-

CODIFICATION

This part, originally designated part E and subsequently

redesignated part F by Pub. L. 95-619, title IV, Sec. 441(a), Nov.

9, 1978, 92 Stat. 3267, was changed to part D for purposes of

codification.

-End-

-CITE-

42 USC Sec. 6361 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part D - Other Federal Energy Conservation Measures

-HEAD-

Sec. 6361. Federal energy conservation programs

-STATUTE-

(a) Establishment and coordination of Federal agency actions

(1) The President shall, to the extent of his authority under

other law, establish or coordinate Federal agency actions to

develop mandatory standards with respect to energy conservation and

energy efficiency to govern the procurement policies and decisions

of the Federal Government and all Federal agencies, and shall take

such steps as are necessary to cause such standards to be

implemented.

(2) The President shall develop and, to the extent of his

authority under other law, implement a 10-year plan for energy

conservation with respect to buildings owned or leased by an agency

of the United States. Such plan shall include mandatory lighting

efficiency standards, mandatory thermal efficiency standards and

insulation requirements, restrictions on hours of operation,

thermostat controls, and other conditions of operation, and plans

for replacing or retrofitting to meet such standards.

(b) Public education programs

(1) The Secretary shall establish and carry out a responsible

public education program -

(A) to encourage energy conservation and energy efficiency; or

(B) to promote van pooling and carpooling arrangements.

(2) For purposes of this subsection:

(A) The term "van" means any automobile which the Secretary

determines is manufactured primarily for use in the

transportation of not less than 8 individuals and not more than

15 individuals.

(B) The term "van pooling arrangement" means an arrangement for

the transportation of employees between their residences or other

designated locations and their place of employment on a nonprofit

basis in which the operating costs of such arrangement are paid

for by the employees utilizing such arrangement.

(c) Omitted

(d) Applicability of plan to Executive agencies

The plan developed by the President pursuant to subsection (a)(2)

of this section shall be applicable to Executive agencies as

defined in section 105 of title 5 and to the United States Postal

Service.

(e) Authorization of appropriations

In addition to funds authorized in any other law, there is

authorized to be appropriated to the President for fiscal year 1978

not to exceed $25,000,000, and for fiscal year 1979 not to exceed

$50,000,000, to carry out the purposes of subsection (a)(2) of this

section.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 381, Dec. 22, 1975, 89 Stat. 939;

Pub. L. 95-619, title V, Sec. 501, title VI, Sec. 691(b)(2), Nov.

9, 1978, 92 Stat. 3275, 3288; Pub. L. 100-615, Sec. 2(b), Nov. 5,

1988, 102 Stat. 3189.)

-COD-

CODIFICATION

Subsec. (c) of this section, which required the Secretary to

include in the report required under section 8258(b) of this title

the steps taken under subsecs. (a) and (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 13th item on page 19

and the 3rd item on page 138 of House Document No. 103-7.

-MISC1-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-615 amended subsec. (c)

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

President shall submit to the Congress an annual report concerning

all steps taken under subsections (a) and (b) of this section."

1978 - Subsec. (b). Pub. L. 95-619, Sec. 691(b)(2), substituted

"Secretary" for "Administrator", meaning Administrator of the

Federal Energy Administration, wherever appearing.

Subsecs. (d), (e). Pub. L. 95-619, Sec. 501, added subsecs. (d)

and (e).

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested in Secretary [formerly Administrator of Federal

Energy Administration] under subsec. (b)(1)(B) of this section

transferred to Secretary of Transportation by section 7159 of this

title.

-EXEC-

EX. ORD. NO. 12191. FEDERAL FACILITY RIDESHARING PROGRAM

Ex. Ord. No. 12191, Feb. 1, 1980, 45 F.R. 7997, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, and in order to

increase ridesharing as a means to conserve petroleum, reduce

congestion, improve air quality, and provide an economical way for

Federal employees to commute to work, it is hereby ordered as

follows:

-MISC2-

1-1. RESPONSIBILITIES OF EXECUTIVE AGENCIES

1-101. Executive agencies shall promote the use of ridesharing

(carpools, vanpools, privately leased buses, public transportation,

and other multi-occupancy modes of travel) by personnel working at

Federal facilities. Agency actions pursuant to this Order shall be

consistent with Circular A-118 issued by the Office of Management

and Budget.

1-102. Agencies shall establish an annual ridesharing goal

tailored to each facility, and expressed as a percentage of

fulltime personnel working at that facility who use ridesharing in

the commute between home and work. Agencies that share facilities

or that are within easy walking distance of one another should

coordinate their efforts to develop and implement ridesharing

opportunities.

1-103. Agencies shall designate, in accordance with OMB Circular

A-118, an employee transportation coordinator. Agencies that share

facilities may designate a single transportation coordinator. The

coordinator shall assist employees in forming carpools or vanpools

(employee-owned or leased) and facilitate employee participation in

ridesharing matching programs. The coordinator shall publicize

within the facility the availability of public transportation. The

coordinator shall also communicate employee needs for new or

improved transportation service to the appropriate local public

transit authorities or other organizations furnishing

multi-passenger modes of travel.

1-104. Agencies shall report to the Administrator of General

Services, hereinafter referred to as the Administrator, the goals

established, the means developed to achieve those goals, and the

progress achieved. These reports shall be in such form and

frequency as the Administrator may require.

1-2. RESPONSIBILITIES OF THE ADMINISTRATOR OF GENERAL SERVICES

1-201. The Administrator shall issue such regulations as are

necessary to implement this Order.

1-202. The Administrator may exempt small, remotely located

Federal facilities from the requirements of Sections 1-102, 1-103,

and 1-104 on his own initiative or upon request of the agency. An

exemption shall be granted in whole or in part when, in the

judgment of the Administrator, the requirements of those Sections

would not yield significant ridesharing benefits.

1-203. The Administrator shall, in consultation with the

Secretary of Transportation, periodically provide agencies with

guidelines, instructions, and other practical aids for

establishing, implementing, and improving their ridesharing

programs.

1-204. The Administrator shall assist in coordinating the

ridesharing activities of the agencies with the efforts of the

Department of Energy, under the Federal Energy Management Program

and in the development of an emergency energy conservation plan for

the Federal government.

1-205. The Administrator shall take into consideration the advice

of the Environmental Protection Agency under the Clean Air Act, as

amended [42 U.S.C. 7401 et seq.] in performing his responsibilities

under this Order.

1-206. The Administrator shall, in consultation with the

Secretary of Transportation, report annually to the President on

the performance of the agencies in implementing the policies and

actions contained in this Order. The report shall include (a) an

assessment of each agency's performance, including the

reasonableness of its goals and the adequacy of its effort, (b) a

comparison of private sector and State and local government

ridesharing efforts with those of the Federal government, and (c)

recommendations for additional actions necessary to remove barriers

or to provide additional incentives to encourage more ridesharing

by personnel at Federal facilities.

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7159 of this title.

-End-

-CITE-

42 USC Sec. 6362 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part D - Other Federal Energy Conservation Measures

-HEAD-

Sec. 6362. Energy conservation policies and practices

-STATUTE-

(a) "Agency" defined

In this section, "agency" means -

(1) the Department of Transportation with respect to part A of

subtitle VII of title 49, United States Code;

(2) the Interstate Commerce Commission;

(3) the Federal Maritime Commission; and

(4) the Federal Power Commission.

(b) Statement of probable impact of major regulatory action on

energy efficiency

Except as provided in subsection (c) of this section, each of the

agencies specified in subsection (a) of this section shall, where

practicable and consistent with the exercise of their authority

under other law, include in any major regulatory action (as defined

by rule by each such agency) taken by each such agency, a statement

of the probable impact of such major regulatory action on energy

efficiency and energy conservation.

(c) Application of provisions to authority exercised to protect

public health and safety

Subsection (b) of this section shall not apply to any authority

exercised under any provision of law designed to protect the public

health or safety.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 382, Dec. 22, 1975, 89 Stat. 939;

Pub. L. 103-272, Sec. 4(h), July 5, 1994, 108 Stat. 1364.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-272, Sec. 4(h)(1), added subsec.

(a) and struck out former subsec. (a) which related to reports to

Congress by Federal agencies, feasibility of additional savings in

energy consumption, and administration of laws permitting

inefficient use of energy.

Subsec. (b). Pub. L. 103-272, Sec. 4(h)(2), substituted

"subsection (a)" for "subsection (a)(1)".

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 45 sections 1010, 1207.

-End-

-CITE-

42 USC Sec. 6363 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part D - Other Federal Energy Conservation Measures

-HEAD-

Sec. 6363. Federal actions with respect to recycled oil

-STATUTE-

(a) Purpose

The purposes of this section are -

(1) to encourage the recycling of used oil;

(2) to promote the use of recycled oil;

(3) to reduce consumption of new oil by promoting increased

utilization of recycled oil; and

(4) to reduce environmental hazards and wasteful practices

associated with the disposal of used oil.

(b) Definitions

As used in this section:

(1) the term "used oil" means any oil which has been refined

from crude oil, has been used, and as a result of such use has

been contaminated by physical or chemical impurities.

(2) The term "recycled oil" means -

(A) used oil from which physical and chemical contaminants

acquired through use have been removed by re-refining or other

processing, or

(B) any blend of oil, consisting of such re-refined or

otherwise processed used oil and new oil or additives,

with respect to which the manufacturer has determined, pursuant

to the rule prescribed under subsection (d)(1)(A)(i) of this

section, is substantially equivalent to new oil for a particular

end use.

(3) The term "new oil" means any oil which has been refined

from crude oil and has not been used, and which may or may not

contain additives. Such term does not include used oil or

recycled oil.

(4) The term "manufacturer" means any person who re-refines or

otherwise processes used oil to remove physical or chemical

impurities acquired through use or who blends such re-refined or

otherwise processed used oil with new oil or additives.

(5) The term "Commission" means the Federal Trade Commission.

(c) Test procedures for determining substantial equivalency of

recycled oil and new oil

As soon as practicable after December 22, 1975, the National

Institute of Standards and Technology shall develop test procedures

for the determination of substantial equivalency of re-refined or

otherwise processed used oil or blend of oil, consisting of such

re-refined or otherwise processed used oil and new oil or

additives, with new oil for a particular end use. As soon as

practicable after development of such test procedures, the National

Institute of Standards and Technology shall report such procedures

to the Commission.

(d) Promulgation of rules prescribing test procedures and labeling

standards

(1)(A) Within 90 days after the date on which the Commission

receives the report under subsection (c) of this section, the

Commission shall, by rule, prescribe -

(i) test procedures for the determination of substantial

equivalency of re-refined or otherwise processed used oil or

blend of oil, consisting of such re-refined or otherwise

processed used oil and new oil or additives, with new oil

distributed for a particular end use; and

(ii) labeling standards applicable to containers of recycled

oil in order to carry out the purposes of this section.

(B) Such labeling standards shall permit any container of

recycled oil to bear a label indicating any particular end use for

which a determination of substantial equivalency has been made

pursuant to subparagraph (A)(i).

(2) Not later than the expiration of such 90-day period, the

Administrator of the Environmental Protection Agency shall, by

rule, prescribe labeling standards applicable to containers of new

oil, used oil, and recycled oil relating to the proper disposal of

such oils after use. Such standards shall be designed to reduce, to

the maximum extent practicable, environmental hazards and wasteful

practices associated with the disposal of such oils after use.

(e) Labeling standards

Beginning on the effective date of the standards prescribed

pursuant to subsection (d)(1)(A) of this section -

(1) no rule or order of the Commission, other than the rules

required to be prescribed pursuant to subsection (d)(1)(A) of

this section, and no law, regulation, or order of any State or

political subdivision thereof may apply, or remain applicable, to

any container of recycled oil, if such law, regulation, rule, or

order requires any container of recycled oil, which container

bears a label in accordance with the terms of the rules

prescribed under subsection (d)(1)(A) of this section, to bear

any label with respect to the comparative characteristics of such

recycled oil with new oil which is not identical to that

permitted by the rule respecting labeling standards prescribed

under subsection (d)(1)(A)(ii) of this section; and

(2) no rule or order of the Commission may require any

container of recycled oil to also bear a label containing any

term, phrase, or description which connotes less than substantial

equivalency of such recycled oil with new oil.

(f) Conformity of acts of Federal officials to Commission rules

After the effective date of the rules required to be prescribed

under subsection (d)(1)(A) of this section, all Federal officials

shall act within their authority to carry out the purposes of this

section, including -

(1) revising procurement policies to encourage procurement of

recycled oil for military and nonmilitary Federal uses whenever

such recycled oil is available at prices competitive with new oil

procured for the same end use; and

(2) educating persons employed by Federal and State governments

and private sectors of the economy of the merits of recycled oil,

the need for its use in order to reduce the drain on the Nation's

oil reserves, and proper disposal of used oil to avoid waste of

such oil and to minimize environmental hazards associated with

improper disposal.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 383, Dec. 22, 1975, 89 Stat. 940;

Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat.

1433.)

-MISC1-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards" in two places.

APPLICABILITY OF LABELING STANDARDS

Pub. L. 96-463, Sec. 4(c), Oct. 15, 1980, 94 Stat. 2056,

provided: "Before the effective date of the labeling standards

required to be prescribed under section 383(d)(1)(A) of the Energy

Policy and Conservation Act [subsec. (d)(1)(A) of this section], no

requirement of any rule or order of the Federal Trade Commission

may apply, or remain applicable, to any container of recycled oil

(as defined in section 383(b) of such Act [subsec. (b) of this

section]) if such requirement provides that the container must bear

any label referring to the fact that it has been derived from

previously used oil. Nothing in this subsection [this note] shall

be construed to affect any labeling requirement applicable to

recycled oil under any authority of law to the extent such

requirement relates to fitness for intended use or any other

performance characteristic of such oil or to any characteristic of

such oil other than that referred to in the preceding sentence."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6394 of this title.

-End-

-CITE-

42 USC Part E - Energy Conservation Program for Schools

and Hospitals 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part E - Energy Conservation Program for Schools and Hospitals

-HEAD-

PART E - ENERGY CONSERVATION PROGRAM FOR SCHOOLS AND HOSPITALS

-COD-

CODIFICATION

This part was, in the original, designated part G and has been

changed to part E for purposes of codification.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 6323, 6325, 6371j of this

title; title 15 section 4507.

-End-

-CITE-

42 USC Sec. 6371 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part E - Energy Conservation Program for Schools and Hospitals

-HEAD-

Sec. 6371. Definitions

-STATUTE-

For the purposes of this part -

(1) The term "building" means any structure the construction of

which was completed on or before May 1, 1989, which includes a

heating or cooling system, or both.

(2) The term "energy conservation measure" means an installation

or modification of an installation in a building which is primarily

intended to maintain or reduce energy consumption and reduce energy

costs or allow the use of an alternative energy source, including,

but not limited to -

(A) insulation of the building structure and systems within the

building;

(B) storm windows and doors, multiglazed windows and doors,

heat absorbing or heat reflective glazed and coated windows and

door systems, additional glazing, reductions in glass area, and

other window and door system modifications;

(C) automatic energy control systems and load management

systems;

(D) equipment required to operate variable steam, hydraulic,

and ventilating systems adjusted by automatic energy control

systems;

(E) solar space heating or cooling systems, solar electric

generating systems, or any combination thereof;

(F) solar water heating systems;

(G) furnace or utility plant and distribution system

modifications including -

(i) replacement burners, furnaces, boilers, or any

combination thereof, which substantially increases the energy

efficiency of the heating system,

(ii) devices for modifying flue openings which will increase

the energy efficiency of the heating system,

(iii) electrical or mechanical furnace ignition systems which

replace standing gas pilot lights, and

(iv) utility plant system conversion measures including

conversion of existing oil- and gas-fired boiler installations

to alternative energy sources, including coal;

(H) caulking and weatherstripping;

(I) replacement or modification of lighting fixtures which

replacement or modification increases the energy efficiency of

the lighting system without increasing the overall illumination

of a facility (unless such increase in illumination is necessary

to conform to any applicable State or local building code or, if

no such code applies, the increase is considered appropriate by

the Secretary);

(J) energy recovery systems;

(K) cogeneration systems which produce steam or forms of energy

such as heat, as well as electricity for use primarily within a

building or a complex of buildings owned by a school or hospital

and which meet such fuel efficiency requirements as the Secretary

may by rule prescribe;

(L) such other measures as the Secretary identifies by rule for

purposes of this part; and

(M) such other measures as a grant applicant shows will save a

substantial amount of energy and as are identified in an energy

audit prescribed pursuant to section 6325(e)(2) of this title.

(3) The term "hospital" means a public or nonprofit institution

which is -

(A) a general hospital, tuberculosis hospital, or any other

type of hospital, other than a hospital furnishing primarily

domiciliary care; and

(B) duly authorized to provide hospital services under the laws

of the State in which it is situated.

(4) The term "hospital facilities" means buildings housing a

hospital and related facilities, including laboratories, outpatient

departments, nurses' home and training facilities and central

service facilities operated in connection with a hospital, and also

includes buildings housing education or training facilities for

health professions personnel operated as an integral part of a

hospital.

(5) The term "public or nonprofit institution" means an

institution owned and operated by -

(A) a State, a political subdivision of a State or an agency or

instrumentality of either, or

(B) an organization exempt from income tax under section

501(c)(3) of title 26.

(6) The term "school" means a public or nonprofit institution

which -

(A) provides, and is legally authorized to provide, elementary

education or secondary education, or both, on a day or

residential basis;

(B)(i) provides, and is legally authorized to provide a program

of education beyond secondary education, on a day or residential

basis;

(ii) admits as students only persons having a certificate of

graduation from a school providing secondary education, or the

recognized equivalent of such certificate;

(iii) is accredited by a nationally recognized accrediting

agency or association; and

(iv) provides an educational program for which it awards a

bachelor's degree or higher degree or provides not less than a

two-year program which is acceptable for full credit toward such

a degree at any institution which meets the requirements of

clauses (i), (ii), and (iii) and which provides such a program;

(C) provides not less than a one-year program of training to

prepare students for gainful employment in a recognized

occupation and which meets the provisions of clauses (i), (ii),

and (iii) of subparagraph (B); or

(D) is a local educational agency.

(7) The term "local education agency" means a public board of

education or other public authority or a nonprofit institution

legally constituted within, or otherwise recognized by, a State for

either administrative control or direction of, or to perform

administrative services for, a group of schools within a State.

(8) The term "school facilities" means buildings housing

classrooms, laboratories, dormitories, administrative facilities,

athletic facilities, or related facilities operated in connection

with a school.

(9) The term "State" means, in addition to the several States of

the Union, the District of Columbia, Puerto Rico, Guam, American

Samoa, the Northern Mariana Islands, and the Virgin Islands.

(10) The term "State energy agency" means the State agency

responsible for developing State energy conservation plans pursuant

to section 6322 of this title, or, if no such agency exists, a

State agency designated by the Governor of such State to prepare

and submit a State plan under section 6371c of this title.

(11) The term "State school facilities agency" means an existing

agency which is broadly representative of public institutions of

higher education, nonprofit institutions of higher education,

public elementary and secondary schools, nonprofit elementary and

secondary schools, public vocational education institutions,

nonprofit vocational education institutions, and the interests of

handicapped persons, in a State or, if no such agency exists, an

agency which is designated by the Governor of such State which

conforms to the requirements of this paragraph.

(12) The term "State hospital facilities agency" means an

existing agency which is broadly representative of the public

hospitals and the nonprofit hospitals, or, if no such agency

exists, an agency designated by the Governor of such State which

conforms to the requirements of this paragraph.

(13) The term "energy audit" means a determination of the energy

consumption characteristics of a building which -

(A) identifies the type, size, and rate of energy consumption

of such building and the major energy using systems of such

building;

(B) determines appropriate energy conservation maintenance and

operating procedures; and

(C) indicates the need, if any, for the acquisition and

installation of energy conservation measures.

(14) The term "preliminary energy audit" means a determination of

the energy consumption characteristics of a building, including the

size, type, rate of energy consumption and major energy-using

systems of such building.

(15) The term "energy conservation project" means -

(A) an undertaking to acquire and to install one or more energy

conservation measures in school or hospital facilities and

(B) technical assistance in connection with any such

undertaking and technical assistance as described in paragraph

(17)(A).

(16) The term "energy conservation project costs" includes only

costs incurred in the design, acquisition, construction, and

installation of energy conservation measures and technical

assistance costs.

(17) The term "technical assistance" means assistance, under

rules promulgated by the Secretary, to States, schools, and

hospitals -

(A) to conduct specialized studies identifying and specifying

energy savings or energy cost savings that are likely to be

realized as a result of (i) modification of maintenance and

operating procedures in a building, or (ii) the acquisition and

installation of one or more specified energy conservation

measures in such building, or (iii) both, and

(B) the planning or administration of specific remodeling,

renovation, repair, replacement, or insulation projects related

to the installation of energy conservation measures in such

building.

(18) The term "technical assistance costs" means costs incurred

for the use of existing personnel or the temporary employment of

other qualified personnel (or both such types of personnel)

necessary for providing technical assistance.

(19) The term "energy conservation maintenance and operating

procedure" means modification or modifications in the maintenance

and operations of a building, and any installations therein, which

are designed to reduce energy consumption in such building and

which require no significant expenditure of funds.

(20) The term "Secretary" means the Secretary of Energy or his

designee.

(21) The term "Governor" means the chief executive officer of a

State or his designee.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 391, as added Pub. L. 95-619,

title III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3239; amended Pub.

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

L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-440,

Sec. 6(b), Oct. 18, 1990, 104 Stat. 1011; Pub. L. 105-388, Sec.

5(a)(9), Nov. 13, 1998, 112 Stat. 3478.)

-MISC1-

AMENDMENTS

1998 - Par. (2)(B). Pub. L. 105-388 substituted a semicolon for

period at end.

1990 - Par. (1). Pub. L. 101-440, Sec. 6(b)(1), substituted "May

1, 1989" for "April 20, 1977".

Par. (2). Pub. L. 101-440, Sec. 6(b)(2), (3), in introductory

provision substituted "maintain or reduce energy consumption and

reduce energy costs" for "reduce energy consumption" and in subpar.

(C) inserted "and load management systems" after "systems".

Par. (8). Pub. L. 101-440, Sec. 6(b)(4), inserted "administrative

facilities," after "dormitories,".

Par. (17)(A). Pub. L. 101-440, Sec. 6(b)(5), substituted "or

energy cost savings" for "and related cost savings".

1986 - Par. (5)(B). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954", which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

1984 - Par. (9). Pub. L. 98-454 which directed the amendment of

subsec. (a) by inserting reference to the Northern Mariana Islands

was executed to par. (9) of this section to reflect the probable

intent of Congress, because this section does not contain a subsec.

(a).

SEPARABILITY

Section 302(c) of title III of Pub. L. 95-619 provided that: "If

any provision of this title [enacting sections 6371 to 6371j and

section 6372 to 6372i of this title, amending sections 300k-2 and

300n-1 of this title, and enacting provisions set out as notes

under this section and section 6372 of this title] or the

application thereof to any person or circumstances be held invalid,

the provisions of other sections of this title and their

application to other persons or circumstances shall not be affected

thereby."

CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSES

Section 301 of part 1 of title III of Pub. L. 95-619 provided:

"(a) Findings. - The Congress finds that -

"(1) the Nation's nonrenewable energy resources are being

rapidly depleted;

"(2) schools and hospitals are major consumers of energy, and

have been especially burdened by rising energy prices and fuel

shortages;

"(3) substantial energy conservation can be achieved in schools

and hospitals through the implementation of energy conservation

maintenance and operating procedures and the installation of

energy conservation measures; and

"(4) public and nonprofit schools and hospitals in many

instances need financial assistance in order to make the

necessary improvements to achieve energy conservation.

"(b) Purpose. - It is the purpose of this part [enacting sections

6371 to 6371i of this title, amending sections 300k-2 and 300n-1 of

this title, and enacting provisions set out as notes under this

section] to authorize grants to States and to public and nonprofit

schools and hospitals to assist them in identifying and

implementing energy conservation maintenance and operating

procedures and in evaluating, acquiring, and installing energy

conservation measures to reduce the energy use and anticipated

energy costs of schools and hospitals."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6372 of this title.

-End-

-CITE-

42 USC Sec. 6371a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part E - Energy Conservation Program for Schools and Hospitals

-HEAD-

Sec. 6371a. Guidelines

-STATUTE-

(a) Energy audits

The Secretary shall, by rule, not later than 60 days after

November 9, 1978 -

(1) prescribe guidelines for the conduct of preliminary energy

audits, including a description of the type, number, and

distribution of preliminary energy audits of school and hospital

facilities that will provide a reasonably accurate evaluation of

the energy conservation needs of all such facilities in each

State, and

(2) prescribe guidelines for the conduct of energy audits.

(b) State plans for implementation of energy conservation projects

in schools and hospitals

The Secretary shall, by rule, not later than 90 days after

November 9, 1978, prescribe guidelines for State plans for the

implementation of energy conservation projects in schools and

hospitals. The guidelines shall include -

(1) a description of the factors which the State energy agency

may consider in determining which energy conservation projects

will be given priority in making grants pursuant to this part,

including such factors as cost, energy consumption, energy

savings, and energy conservation goals,

(2) a description of the suggested criteria to be used in

establishing a State program to identify persons qualified to

implement energy conservation projects, and

(3) a description of the types of energy conservation measures

deemed appropriate for each region of the Nation.

(c) Revisions

Guidelines prescribed under this section may be revised from time

to time after notice and opportunity for comment.

(d) Determination of severe hardship class for schools and

hospitals

The Secretary shall, by rule prescribe criteria for determining

schools and hospitals which are in a class of severe hardship. Such

criteria shall take into account climate, fuel costs, fuel

availability, ability to provide the non-Federal share of the

costs, and such other factors that he deems appropriate.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 392, as added Pub. L. 95-619,

title III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3242.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6371b, 6371c, 6371e, of

this title.

-End-

-CITE-

42 USC Sec. 6371b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part E - Energy Conservation Program for Schools and Hospitals

-HEAD-

Sec. 6371b. Preliminary energy audits and energy audits

-STATUTE-

(a) Application by Governor

The Governor of any State may apply to the Secretary at such time

as the Secretary may specify after promulgation of guidelines under

section 6371a(a) of this title for grants to conduct preliminary

energy audits and energy audits of school facilities and hospital

facilities in such State under this part.

(b) Grants for conduct of preliminary energy audits

Upon application under subsection (a) of this section the

Secretary may make grants to States for purposes of conducting

preliminary energy audits of school facilities and hospital

facilities under this part in accordance with the guidelines

prescribed under section 6371a(a)(1) of this title. If a State does

not conduct preliminary energy audits within two years after

November 9, 1978, the Secretary may conduct such audits within such

State.

(c) Grants for conduct of energy audits

Upon application under subsection (a) of this section the

Secretary may make grants to States for purposes of conducting

energy audits of school facilities and hospital facilities under

this part in accordance with the guidelines prescribed under

section 6371a(a)(2) of this title.

(d) Audits conducted prior to grant of financial assistance

If a State without the use of financial assistance under this

section, conducts preliminary energy audits or energy audits which

comply with the guidelines prescribed by the Secretary or which are

approved by the Secretary the funds allocated for purposes of this

section shall be added to the funds available for energy

conservation projects for such State and shall be in addition to

amounts otherwise available for such purposes.

(e) Restriction on use of funds; grant covering total cost of

energy audits

(1) Except as provided in paragraph (2), amounts made available

under this section (together with any other amounts made available

from other Federal sources) may not be used to pay more than 50

percent of the costs of any preliminary energy audit or any energy

audit.

(2) Upon the request of the Governor, the Secretary may make

grants to a State for up to 100 percent of the costs of any

preliminary energy audits and energy audits, subject to the

requirements of section 6371g(a)(3) of this title.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 393, as added Pub. L. 95-619,

title III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3242.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6371c, 6371f, 6371g of

this title.

-End-

-CITE-

42 USC Sec. 6371c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part E - Energy Conservation Program for Schools and Hospitals

-HEAD-

Sec. 6371c. State plans

-STATUTE-

(a) Invitation to State energy agency to submit plan; contents

The Secretary shall invite the State energy agency of each State

to submit, within 90 days after the effective date of the

guidelines prescribed pursuant to section 6371a of this title, or

such longer period as the Secretary may, for good cause, allow, a

State plan under this section for such State. Such plan shall

include -

(1) the results of preliminary energy audits conducted in

accordance with the guidelines prescribed under section

6371a(a)(1) of this title, and an estimate of the energy savings

that may result from the modification of maintenance and

operating procedures and installation of energy conservation

measures in the schools and hospitals in such State;

(2) a recommendation as to the types of energy conservation

projects considered appropriate for schools and hospitals in such

State, together with an estimate of the costs of carrying out

such projects in each year for which funds are appropriated;

(3) a program for identifying persons qualified to carry out

energy conservation projects;

(4) procedures to insure that funds will be allocated among

eligible applicants for energy conservation projects within such

State, including procedures -

(A) to insure that funds will be allocated on the basis of

relative need taking into account such factors as cost, energy

consumption and energy savings, and

(B) to insure that equitable consideration is given to all

eligible public or nonprofit institutions regardless of size

and type of ownership;

(5) a statement of the extent to which, and by which methods,

such State will encourage utilization of solar space heating,

cooling, and electric systems and solar water heating systems

where appropriate;

(6) procedures to assure that all assistance under this part in

such State will be expended in compliance with the requirements

of an approved State plan for such State, and in compliance with

the requirements of this part;

(7) procedures to insure implementation of energy conserving

maintenance and operating procedures in those facilities for

which projects are proposed; and

(8) policies and procedures designed to assure that financial

assistance provided under this part in such State will be used to

supplement, and not to supplant, State, local, or other funds.

(b) Approval of plans

The Secretary shall review and approve or disapprove each State

plan not later than 60 days after receipt by the Secretary. If such

plan meets the requirements of subsection (a) of this section, the

Secretary shall approve the plan. If a State plan submitted within

the 90-day period specified in subsection (a) of this section has

not been disapproved within the 60-day period following its receipt

by the Secretary, such plan shall be treated as approved by the

Secretary. A State energy agency may submit a new or amended plan

at any time after the submission of the original plan if the agency

obtains the consent of the Secretary.

(c) Development and implementation of approved plans; submission of

proposed State plan

(1) If a State plan has not been approved under this section

within 2 years and 90 days after November 9, 1978, or within 90

days after the completion of the preliminary audits under section

6371b(a) of this title, whichever is later, the Secretary may take

such action as necessary to develop and implement such a State plan

and to carry out the functions which would otherwise be carried out

under this part by the State energy agency, State school facilities

agency, and State hospital facilities agency, in order that the

energy conservation program for schools and hospitals may be

implemented in such State.

(2) Notwithstanding any other provision contained in this

section, a State may, at any time, submit a proposed State plan for

such State under this section. The Secretary shall approve or

disapprove such plan not later than 60 days after receipt by the

Secretary. If such plan meets the requirements of subsection (a) of

this section and is not inconsistent with any plan developed and

implemented by the Secretary under paragraph (1), the Secretary

shall approve the plan and withdraw any such plan developed and

implemented by the Secretary.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 394, as added Pub. L. 95-619,

title III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3243; amended Pub.

L. 105-388, Sec. 5(a)(10), Nov. 13, 1998, 112 Stat. 3478.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-388, Sec. 5(a)(10)(A),

substituted semicolon for comma at end.

Subsec. (a)(2). Pub. L. 105-388, Sec. 5(a)(10)(B), substituted

semicolon for period at end.

Subsec. (a)(3), (5). Pub. L. 105-388, Sec. 5(a)(10)(A),

substituted semicolon for comma at end.

Subsec. (a)(6). Pub. L. 105-388, Sec. 5(a)(10)(C), substituted

semicolon for colon at end.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6371, 6371d, 6371e of

this title.

-End-

-CITE-

42 USC Sec. 6371d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part E - Energy Conservation Program for Schools and Hospitals

-HEAD-

Sec. 6371d. Applications for financial assistance

-STATUTE-

(a) Limitation on number of applications by States, schools, and

hospitals; submittal to State energy agency

Applications of States, schools, and hospitals for financial

assistance under this part for energy conservation projects shall

be made not more than once for any fiscal year. Schools and

hospitals applying for such financial assistance shall submit their

applications to the State energy agency and the State energy agency

shall make a single submittal to the Secretary, containing all

applications which comply with the State plan.

(b) Required information

Applications for financial assistance under this part for energy

conservation projects shall contain, or shall be accompanied by,

such information as the Secretary may reasonably require, including

the results of energy audits which comply with guidelines under

this part. The annual submittal to the Secretary by the State

energy agency under subsection (a) of this section shall include a

listing and description of energy conservation projects proposed to

be funded within the State during the fiscal year for which such

application is made, and such information concerning expected

expenditures as the Secretary may, by rule, require.

(c) Conditions for financial assistance; applications consistent

with related State programs and health plans

(1) The Secretary may not provide financial assistance to States,

schools, or hospitals for energy conservation projects unless the

application for a grant for such project is submitted through, or

approved by the appropriate State hospital facilities agency or

State school facilities agency, respectively, and determined by the

State energy agency to comply with the State plan.

(2) Applications of States, schools, and hospitals and State

plans pursuant to this part shall be consistent with -

(A) related State programs for educational facilities in such

State, and

(B) State health plans under section 300m-3(c)(2) (!1) and

300o-2 (!1) of this title, and shall be coordinated through the

review mechanisms required under section 300m-2 (!1) of this

title and section 1320a-1 of this title.

(d) Compliance required for approval; reasons for disapproval;

resubmittal; amendment

The Secretary shall approve such applications submitted by a

State energy agency as he determines to be in compliance with this

section and with the requirements of the applicable State plan

approved under section 6371c of this title. The Secretary shall

state the reasons for his disapproval in the case of any

application which he disapproves. Any application not approved by

the Secretary may be resubmitted by the applicant at any time in

the same manner as the original application and the Secretary shall

approve such resubmitted application as he determines to be in

compliance with this section and the requirements of the State

plan. Amendments of an application shall, except as the Secretary

may otherwise provide, be subject to approval in the same manner as

the original application. All or any portion of an application

under this section may be disapproved to the extent that funds are

not available under this part to carry out such application or

portion.

(e) Suspension of further assistance for failure to comply

Whenever the Secretary, after reasonable notice and opportunity

for hearing to any State, school, or hospital receiving assistance

under this part, finds that there has been a failure to comply

substantially with the provisions set forth in the application

approved under this section, the Secretary shall notify the State,

school, or hospital that further assistance will not be made

available to such State, school or hospital under this part until

he is satisfied that there is no longer any such failure to comply.

Until he is so satisfied no further assistance shall be made to

such State, school, or hospital under this part.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 395, as added Pub. L. 95-619,

title III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3244.)

-REFTEXT-

REFERENCES IN TEXT

Sections 300m-2 and 300m-3 of this title, referred to in subsec.

(c)(2)(B), were repealed effective Jan. 1, 1987, by Pub. L. 99-660,

title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799.

Section 300o-2 of this title, referred to in subsec. (c)(2)(B),

was repealed by Pub. L. 96-79, title II, Sec. 202(a), Oct. 4, 1979,

93 Stat. 632.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6371e of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6371e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part E - Energy Conservation Program for Schools and Hospitals

-HEAD-

Sec. 6371e. Grants for project costs and technical assistance

-STATUTE-

(a) Authorization of Secretary; project costs

The Secretary may make grants to schools and hospitals for

carrying out energy conservation projects the applications for

which have been approved under section 6371d of this title.

(b) Restrictions on use of funds

(1) Except as provided in paragraph (2), amounts made available

for purposes of this section (together with any amounts available

for such purposes from other Federal sources) may not be used to

pay more than 50 percent of the costs of any energy conservation

project. The non-Federal share of the costs of any such energy

conservation project may be provided by using programs of

innovative financing for energy conservation projects (including,

but not limited to, loan programs and performance contracting),

even if, pursuant to such financing, clear title to the equipment

does not pass to the school or hospital until after the grant is

completed.

(2) Amounts made available for purposes of this section (together

with any amounts available for such purposes from other Federal

sources) may be used to pay not to exceed 90 percent of the costs

of an energy conservation project if the Secretary determines that

a project meets the hardship criteria of section 6371a(d) of this

title. Grants made under this paragraph shall be from the funds

provided under section 6371g(a)(2) of this title.

(c) Allocation requirements

Grants made under this section in any State in any year shall be

made in accordance with the requirements contained in section 6371g

of this title.

(d) Technical assistance costs

(1) The Secretary may make grants to States for paying technical

assistance costs. Schools in any State shall not be allocated less

than 30 percent of the funds for energy conservation projects

within such State and hospitals in any State shall not be allocated

less than 30 percent of such funds.

(2) A State may utilize up to 100 percent of the funds provided

by the Secretary under this part for any fiscal year for program

and technical assistance and up to 50 percent of such funds for

marketing and other costs associated with leveraging of non-Federal

funds for carrying out this part and may administer a continuous

and consecutive application and award procedure for providing

program and technical assistance under this part in accordance with

regulations that the Secretary shall establish, if the State -

(A) has adopted a State plan in accordance with section 6371c

of this title, the administration of which is in accordance with

applicable regulations; and

(B) certifies to the Secretary that not more than 15 percent of

the aggregate amount of Federal and non-Federal funds used by the

State to provide program and technical assistance, implement

energy conservation measures, and otherwise carry out a program

pursuant to this part for the fiscal year concerned will be

expended for program and technical assistance and for marketing

and other costs associated with leveraging of non-Federal funds

for such program.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 396, as added Pub. L. 95-619,

title III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3245; amended Pub.

L. 101-440, Sec. 6(a), (c), (d), Oct. 18, 1990, 104 Stat. 1011.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b)(1). Pub. L. 101-440, Sec. 6(a), inserted at

end "The non-Federal share of the costs of any such energy

conservation project may be provided by using programs of

innovative financing for energy conservation projects (including,

but not limited to, loan programs and performance contracting),

even if, pursuant to such financing, clear title to the equipment

does not pass to the school or hospital until after the grant is

completed."

Subsec. (d). Pub. L. 101-440, Sec. 6(d), designated existing

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

Subsec. (e). Pub. L. 101-440, Sec. 6(c), struck out subsec. (e)

which prohibited funds for buildings used principally for

administration.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6371f, 6371g of this

title.

-End-

-CITE-

42 USC Sec. 6371f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part E - Energy Conservation Program for Schools and Hospitals

-HEAD-

Sec. 6371f. Authorization of appropriations

-STATUTE-

For the purpose of carrying out this part, there are authorized

to be appropriated for fiscal years 1999 through 2003 such sums as

may be necessary.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 397, as added Pub. L. 95-619,

title III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3246; amended Pub.

L. 101-440, Sec. 8(b), Oct. 18, 1990, 104 Stat. 1015; Pub. L.

105-388, Sec. 2(b), Nov. 13, 1998, 112 Stat. 3477.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-388 amended section generally, substituting

provisions authorizing appropriations for fiscal years 1999 through

2003 for provisions authorizing appropriations for fiscal years

1991 through 1993.

1990 - Pub. L. 101-440 amended section generally, substituting

provisions authorizing appropriations for fiscal years 1991 through

1993 for provisions authorizing appropriations for fiscal years

ending Sept. 30, 1978, Sept. 30, 1979, and Sept. 30, 1980.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6371g of this title.

-End-

-CITE-

42 USC Sec. 6371g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part E - Energy Conservation Program for Schools and Hospitals

-HEAD-

Sec. 6371g. Allocation of grants

-STATUTE-

(a) Section 6371e grants

(1) Except as otherwise provided in subsection (b) of this

section, the Secretary shall allocate 90 percent of the amounts

made available under section 6371f(b) (!1) of this title in any

year for purposes of making energy conservation project grants

pursuant to section 6371e of this title as follows:

(A) Eighty percent of amounts made available under section

6371f(b) (!1) of this title shall be allocated among the States

in accordance with a formula to be prescribed, by rule, by the

Secretary, taking into account population and climate of each

State, and such other factors as the Secretary may deem

appropriate.

(B) Ten percent of amounts made available under section

6371f(b) (!1) of this title shall be allocated among the States

in such manner as the Secretary determines by rule after taking

into account the availability and cost of fuel or other energy

used in, and the amount of fuel or other energy consumed by,

schools and hospitals in the States, and such other factors as he

deems appropriate.

(2) The Secretary shall allocate 10 percent of the amounts made

available under section 6371f(b) (!1) of this title in any year for

purposes of making grants as provided under section 6371e(b)(2) of

this title in excess of the 50 percent limitation contained in

section 6371e(b)(1) of this title.

(3) In the case of any State which received for any fiscal year

an amount which exceeded 50 percent of the cost of any energy audit

as provided in section 6371b(e)(2) of this title, the aggregate

amount allocated to such State under this subsection for such

fiscal year (determined after applying paragraphs (1) and (2))

shall be reduced by an amount equal to such excess. The amount of

such reduction shall be reallocated to the States for such fiscal

year as provided in this subsection except that for purposes of

such reallocation, the State which received such excess shall not

be eligible for any portion of such reallocation.

(b) Restrictions on allocations to States

The total amount allocated to any State under subsection (a) of

this section in any year shall not exceed 10 percent of the total

amount allocated to all the States in such year under such

subsection (a) of this section. Except for the District of

Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana

Islands, and the Virgin Islands, not less than 0.5 percent of such

total allocation to all States for that year shall be allocated in

such year for the total of grants to States and to schools and

hospitals in each State which has an approved State plan under this

part.

(c) Prescription of rules governing allocations among States with

regard to energy audits

Not later than 60 days after November 9, 1978, the Secretary

shall prescribe rules governing the allocation among the States of

funds for grants for preliminary energy audits and energy audits.

Such rules shall take into account the population and climate of

such States and such other factors as he may deem appropriate.

(d) Prescription of rules limiting allocations to States for

administrative expenses

The Secretary shall prescribe rules limiting the amount of funds

allocated to a State which may be expended for administrative

expenses by such State.

(e) Reallocations

Funds allocated for projects in any States for a fiscal year

under this section but not obligated in such fiscal year shall be

available for reallocation under subsection (a) of this section in

the subsequent fiscal year.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 398, as added Pub. L. 95-619,

title III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3246; amended Pub.

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

-REFTEXT-

REFERENCES IN TEXT

Section 6371f of this title, referred to in subsec. (a)(1), (2),

was amended by Pub. L. 101-440, Sec. 8(b), Oct. 18, 1990, 104 Stat.

1015, and, as so amended, no longer contains a subsec. (b).

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-454 inserted reference to Northern

Mariana Islands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6371c, 6371e of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6371h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part E - Energy Conservation Program for Schools and Hospitals

-HEAD-

Sec. 6371h. Administration; detailed description in annual report

-STATUTE-

(a) The Secretary may prescribe such rules as may be necessary in

order to carry out the provisions of this part.

(b) The Secretary shall include in his annual report a detailed

description of the actions taken under this part in the preceding

fiscal year and the actions planned to be taken in the subsequent

fiscal year. Such description shall show the allocations made

(including the allocations made to each State) and include

information on the types of conservation measures implemented, with

funds allocated, and an estimate of the energy savings achieved.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 399, as added Pub. L. 95-619,

title III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3247; amended Pub.

L. 96-470, title II, Sec. 203(b), Oct. 19, 1980, 94 Stat. 2242.)

-MISC1-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-470 substituted "include in his

annual report a detailed description" for ", within one year after

November 9, 1978, and annually thereafter while funds are available

under this part, submit to Congress a detailed report" and "Such

description" for "Such report".

-End-

-CITE-

42 USC Sec. 6371i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part E - Energy Conservation Program for Schools and Hospitals

-HEAD-

Sec. 6371i. Records

-STATUTE-

Each recipient of assistance under this part shall keep such

records, provide such reports, and furnish such access to books and

records as the Secretary may by rule prescribe.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400, as added Pub. L. 95-619,

title III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3247; amended Pub.

L. 105-388, Sec. 5(a)(11), Nov. 13, 1998, 112 Stat. 3479.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-388 struck out "(a)" before "Each recipient".

-End-

-CITE-

42 USC Sec. 6371j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part E - Energy Conservation Program for Schools and Hospitals

-HEAD-

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

title 40

-STATUTE-

No grant for a project (other than so much of a grant as is used

for a preliminary energy audit, energy audit, or technical

assistance or a grant the total project cost of which is $5,000 or

less, excluding costs for a preliminary energy audit, energy audit,

or technical assistance) shall be made under this part or part 1

unless the Secretary finds that all laborers and mechanics employed

by contractors or subcontractors in the performance of work on any

construction utilizing such grants will be paid at rates not less

than those prevailing on similar construction in the locality, as

determined by the Secretary of Labor in accordance with sections

3141-3144, 3146, and 3147 of title 40; and the Secretary of Labor

shall have with respect to the labor standards specified in this

section the authority and functions set forth in Reorganization

Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. Appendix) and

section 3145 of title 40.

-SOURCE-

(Pub. L. 95-619, title III, Sec. 312, Nov. 9, 1978, 92 Stat. 3254.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in text, means part 2 (Secs. 310-312) of

title III of Pub. L. 95-619, Nov. 9, 1978, 92 Stat. 3248, as

amended, which enacted sections 6371j and 6372 to 6372i of this

title and enacted provisions set out as a note under section 6372

of this title. For complete classification of this part to the

Code, see Tables.

Part 1, referred to in text, means part 1 (Secs. 301-304) of

title III of Pub. L. 95-619, Nov. 9, 1978, 92 Stat. 3238, as

amended, which enacted sections 6371 to 6371i of this title,

amended sections 300k-2 and 300n-1 of this title, and enacted

provisions set out as notes under sections 6371 of this title. For

complete classification of this part to the Code, see Tables.

Reorganization Plan Numbered 14 of 1950, referred to in text, is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

In text, "sections 3141-3144, 3146, and 3147 of title 40"

substituted for "the Act of March 31, 1931 (40 U.S.C. 276a -

276a-5, known as the Davis-Bacon Act)" and "section 3145 of title

40" substituted for "section 2 of the Act of June 13, 1934 (40

U.S.C. 276c)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,

2002, 116 Stat. 1303, the first section of which enacted Title 40,

Public Buildings, Property, and Works.

Section was enacted as a part of the National Energy Conservation

Policy Act, and not as a part of the Energy Policy and Conservation

Act which comprises this chapter, and consequently is not a part of

part E of this subchapter.

-End-

-CITE-

42 USC Part F - Energy Conservation Program for Buildings

Owned by Units of Local Government

and Public Care Institutions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part F - Energy Conservation Program for Buildings Owned by Units of

Local Government and Public Care Institutions

-HEAD-

PART F - ENERGY CONSERVATION PROGRAM FOR BUILDINGS OWNED BY UNITS

OF LOCAL GOVERNMENT AND PUBLIC CARE INSTITUTIONS

-COD-

CODIFICATION

This part was, in the original, designated part H and has been

changed to part F for purposes of codification.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 6371j of this title.

-End-

-CITE-

42 USC Sec. 6372 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part F - Energy Conservation Program for Buildings Owned by Units of

Local Government and Public Care Institutions

-HEAD-

Sec. 6372. Definitions

-STATUTE-

For purposes of this part -

(1) The terms "hospital", "State", "school", "Governor", "State

energy agency", "energy conservation measure", "energy

conservation maintenance and operating procedure", "preliminary

energy audit", "technical assistance costs", "energy audit" and

"Secretary" have the meanings provided in section 6371 of this

title.

(2) The term "unit of local government" means the government of

a county, municipality, or township, which is a unit of general

purpose government below the State (determined on the basis of

the same principles as are used by the Bureau of the Census for

general statistical purposes) and the District of Columbia. Such

term also means the recognized governing body of an Indian tribe

(as defined in section 6862 of this title) which governing body

performs substantial governmental functions.

(3) The term "building" has the meaning provided in section

6371 of this title except that for purposes of this part such

term includes only buildings which are owned and primarily

occupied by offices or agencies of a unit of local government or

by a public care institution and does not include any building

intended for seasonal use or any building utilized primarily by a

school or hospital.

(4) The term "public care institution" means a public or

nonprofit institution which owns -

(A) a facility for long term care, a rehabilitation facility,

or a public health center, as described in section 300s-3 of

this title, or

(B) a residential child care center.

(5) The term "public or nonprofit institution" means an

institution owned and operated by -

(A) a State, a political subdivision of a State or an agency

or instrumentality of either, or

(B) an organization exempt from income tax under section

501(c)(3) or 501(c)(4) of title 26.

(6) The term "technical assistance program costs" means the

costs of carrying out a technical assistance program.

(7) The term "technical assistance" means assistance under

rules, promulgated by the Secretary, to States, units of local

government and public care institutions -

(A) to conduct specialized studies identifying and specifying

energy savings and related cost savings that are likely to be

realized as a result of (i) modification or maintenance and

operating procedures in a building, (ii) the acquisition and

installation of one or more specified energy conservation

measures in such building or (iii) both, or

(B) the planning or administration of such specialized

studies.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400A, as added Pub. L. 95-619,

title III, Sec. 311(a), Nov. 9, 1978, 92 Stat. 3248; amended Pub.

L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

AMENDMENTS

1986 - Par. (5)(B). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954", which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

SEPARABILITY

For separability of provisions of title III of Pub. L. 95-619,

see section 302(c) of Pub. L. 95-619, set out as a note under

section 6371 of this title.

CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSES

Section 310 of part 2 of title III of Pub. L. 95-619 provided

that:

"(a) Findings. - The Congress finds that -

"(1) the Nation's nonrenewable energy resources are being

rapidly depleted;

"(2) buildings owned by units of local government and public

care institutions are major consumers of energy, and such units

and institutions have been especially burdened by rising energy

prices and fuel shortages;

"(3) substantial energy conservation can be achieved in

buildings owned by units of local government and public care

institutions through the implementation of energy conservation

maintenance and operating procedures; and

"(4) units of local government and public care institutions in

many instances need financial assistance in order to conduct

energy audits and to identify energy conservation maintenance and

operating procedures and to evaluate the potential benefits of

acquiring and installing energy conservation measures.

"(b) Purpose. - It is the purpose of this part [enacting sections

6371j and 6372 to 6372i of this title] to authorize grants to

States and units of local government and public care institutions

to assist them in conducting preliminary energy audits and energy

audits in identifying and implementing energy conservation

maintenance and operating procedures and in evaluating energy

conservation measures to reduce the energy use and anticipated

energy costs of buildings owned by units of local government and

public care institutions."

APPLICATION OF DAVIS-BACON ACT

For application of the Davis-Bacon Act to grants made by the

Secretary under this part, see section 6371j of this title.

-End-

-CITE-

42 USC Sec. 6372a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part F - Energy Conservation Program for Buildings Owned by Units of

Local Government and Public Care Institutions

-HEAD-

Sec. 6372a. Guidelines

-STATUTE-

(a) Energy audits

The Secretary shall, by rule, not later than sixty days after

November 9, 1978 -

(1) prescribe guidelines for the conduct of the preliminary

energy audits for buildings owned by units of local government

and public care institutions, including a description of the

type, number and distribution of preliminary energy audits of

such buildings that will provide a reasonably accurate evaluation

of the energy conservation needs of all such buildings in each

State, and

(2) prescribe guidelines for the conduct of energy audits.

(b) Implementation of technical assistance programs

The Secretary shall, by rule, not later than 90 days after

November 9, 1978, prescribe guidelines for State plans for the

implementation of technical assistance programs for buildings owned

by units of local government and public care institutions. The

guidelines shall include -

(1) a description of the factors to be considered in

determining which technical assistance programs will be given

priority in making grants pursuant to this part, including such

factors as cost, energy consumption, energy savings, and energy

conservation goals;

(2) a description of the suggested criteria to be used in

establishing a State program to identify persons qualified to

undertake technical assistance work; and

(3) a description of the types of energy conservation measures

deemed appropriate for each region of the Nation.

(c) Revisions

Guidelines prescribed under this part may be revised from time to

time after notice and opportunity for comment.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400B, as added Pub. L. 95-619,

title III, Sec. 311(a), Nov. 9, 1978, 92 Stat. 3249.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6372b, 6372c of this

title.

-End-

-CITE-

42 USC Sec. 6372b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part F - Energy Conservation Program for Buildings Owned by Units of

Local Government and Public Care Institutions

-HEAD-

Sec. 6372b. Preliminary energy audits and energy audits

-STATUTE-

(a) Application by Governor

The Governor of any State may apply to the Secretary at such time

as the Secretary may specify after promulgation of the guidelines

under section 6372a(a) of this title for grants to conduct

preliminary energy audits of buildings owned by units of local

government and public care institutions in such State under this

part.

(b) Grants for conduct of preliminary energy audits

Upon application under subsection (a) of this section, the

Secretary may make grants to States to assist in conducting

preliminary energy audits under this part for buildings owned by

units of local government and public care institutions. Such audits

shall be conducted in accordance with the guidelines prescribed

under section 6372a(a)(1) of this title.

(c) Application by Governor, unit of local government or public

care institution

The Governor of any State, unit of local government or public

care institution may apply to the Secretary at such time as the

Secretary may specify after promulgation of the guidelines under

section 6372a(a) of this title for grants to conduct energy audits

of buildings owned by units of local government and public care

institutions in such State under this part.

(d) Grants for conduct of energy audits

Upon application under subsection (c) of this section the

Secretary may make grants to States, units of local government, and

public care institutions for purposes of conducting energy audits

of facilities under this part in accordance with the guidelines

prescribed under section 6372a(a)(2) of this title.

(e) Audits conducted prior to grant of financial assistance

If a State, unit of local government, or public care institution,

without the use of financial assistance under this section,

conducts preliminary energy audits or energy audits which comply

with the guidelines prescribed by the Secretary or which are

approved by the Secretary, the funds allocated for purposes of this

section shall be added to the funds available for technical

assistance programs for such State, and shall be in addition to

amounts otherwise available for such purpose.

(f) Restriction on use of funds

Amounts made available under this section (together with any

other amounts made available from other Federal sources) may not be

used to pay more than 50 percent of the costs of any preliminary

energy audit or energy audit.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400C, as added Pub. L. 95-619,

title III, Sec. 311(a), Nov. 9, 1978, 92 Stat. 3250.)

-End-

-CITE-

42 USC Sec. 6372c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part F - Energy Conservation Program for Buildings Owned by Units of

Local Government and Public Care Institutions

-HEAD-

Sec. 6372c. State plans

-STATUTE-

(a) The Secretary shall invite the State energy agency of each

State to submit, within 90 days after the effective date of the

guidelines prescribed pursuant to section 6372a of this title, or

such longer period as the Secretary may, for good cause, allow, a

proposed State plan under this section for such State. Such plan

shall include -

(1) the results of preliminary energy audits conducted in

accordance with the guidelines prescribed pursuant to section

6372a(a)(1) of this title, and an estimate of the energy savings

that may result from the modification of maintenance and

operating procedures in buildings owned by units of local

government and public care institutions;

(2) a recommendation as to the types of technical assistance

programs considered appropriate for buildings owned by units of

local government and public care institutions in such State,

together with an estimate of the costs of carrying out such

programs;

(3) a program for identifying persons qualified to carry out

technical assistance programs;

(4) procedures for the coordination among technical assistance

programs within any State and for coordination of programs

authorized under this part with other State energy conservation

programs,(!1)

(5) a description of the policies and procedures to be followed

in the allocation of funds among eligible applicants for

technical assistance within such State, including procedures to

insure that funds will be allocated among eligible applicants on

the basis of relative need and including recommendations as to

how priorities should be established between buildings owned by

units of local government and public care institutions, and among

competing proposals taking into account such factors as cost,

energy consumption, and energy savings;

(6) procedures to assure that all grants for technical

assistance provided under this part are expended in compliance

with the requirements of an approved State plan for such State

and in compliance with the requirements of this part (including

requirements contained in rules promulgated under this part); and

(7) policies and procedures designed to assure that financial

assistance provided under this part in such State will be used to

supplement, and not to supplant State, local, or other funds.

(b) Each State plan submitted under this section shall be

reviewed and approved or disapproved by the Secretary not later

than 60 days after receipt by the Secretary. If such plan meets the

requirements of subsection (a) of this section, the Secretary shall

approve the plan. If a State plan submitted within the 90 day

period specified in subsection (a) of this section has not been

disapproved within the 60-day period following its receipt by the

Secretary, such plan shall be treated as approved by the Secretary.

A State energy agency may submit a new or amended plan at any time

after the submission of the original plan if the agency obtains the

consent of the Secretary.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400D, as added Pub. L. 95-619,

title III, Sec. 311(a), Nov. 9, 1978, 92 Stat. 3251; amended Pub.

L. 105-388, Sec. 5(a)(12), Nov. 13, 1998, 112 Stat. 3479.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-388 substituted semicolon for

comma at end.

Subsec. (a)(2). Pub. L. 105-388, which directed substitution of

semicolon for comma at end, could not be executed because comma

does not appear at end.

Subsec. (a)(3). Pub. L. 105-388 substituted semicolon for comma

at end.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6372d of this title.

-FOOTNOTE-

(!1) So in original. The comma probably should be a semicolon.

-End-

-CITE-

42 USC Sec. 6372d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part F - Energy Conservation Program for Buildings Owned by Units of

Local Government and Public Care Institutions

-HEAD-

Sec. 6372d. Applications for grants for technical assistance

-STATUTE-

(a) Limitation on number of applications by units of local

government and public care institutions; submittal to State

energy agency

Applications of units of local government and public care

institutions for grants for technical assistance under this part

shall be made not more than once for any fiscal year. Such

applications shall be submitted to the State energy agency and the

State energy agency shall make a single submittal to the Secretary

containing all applications which comply with the State plan.

(b) Required information

Applications for grants for technical assistance under this part

shall contain or be accompanied by, such information as the

Secretary may reasonably require, including the results of energy

audits which comply with guidelines under this part. The annual

submittal to the Secretary by the State energy agency under

subsection (a) of this section shall include a listing and

description of technical assistance proposed to be funded under

this part within the State during the fiscal year for which such

application is made, and such information concerning expenditures

as the Secretary may, by rule, require.

(c) Compliance required for approval; reasons for disapproval;

resubmittal; amendment

The Secretary shall approve such applications submitted by a

State energy agency as he determines to be in compliance with this

section and the requirements of the applicable State plan approved

under section 6372c of this title. The Secretary shall state the

reasons for his disapproval in the case of any application which he

disapproves. Any application not approved by the Secretary may be

resubmitted by the applicant at any time in the same manner as the

original application and the Secretary shall approve such

resubmitted application as he determines to be in compliance with

this section and the requirements of the State plan. Amendments of

an application shall, except as the Secretary may otherwise provide

be subject to approval in the same manner as the original

application. All or any portions of an application under this

section may be disapproved to the extent that funds are not

available under this part.

(d) Suspension of further assistance for failure to comply

Whenever the Secretary after reasonable notice and opportunity

for hearing to any unit of local government or public care

institution receiving assistance under this part, finds that there

has been a failure to comply substantially with the provisions set

forth in the application approved under this section, the Secretary

shall notify the unit of local government or public care

institution that further assistance will not be made available to

such unit of local government or public care institution under this

part until he is satisfied that there is no longer any failure to

comply. Until he is so satisfied, no further assistance shall be

made to such unit of local government or public care institution

under this part.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400E, as added Pub. L. 95-619,

title III, Sec. 311(a), Nov. 9, 1978, 92 Stat. 3252.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6372e of this title.

-End-

-CITE-

42 USC Sec. 6372e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part F - Energy Conservation Program for Buildings Owned by Units of

Local Government and Public Care Institutions

-HEAD-

Sec. 6372e. Grants for technical assistance

-STATUTE-

(a) Authorization of Secretary

The Secretary may make grants to States and to units of local

government and public care institutions in payment of technical

assistance program costs for buildings owned by units of local

government and public care institutions the applications for which

have been approved under section 6372d of this title.

(b) Restriction on use of funds

Amounts made available for purposes of this section (together

with any amounts available for such purposes from other Federal

sources) may not be used to pay more than 50 percent of technical

assistance program costs.

(c) Allocation requirements

Grants made under this section in any State in any year shall be

made in accordance with the requirements contained in section 6372g

of this title.

(d) Prescription of rules limiting allocations to States for

administrative expenses

The Secretary shall prescribe rules limiting the amount of funds

allocated to a State which may be expended for administrative

expenses by such State.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400F, as added Pub. L. 95-619,

title III, Sec. 311(a), Nov. 9, 1978, 92 Stat. 3252.)

-End-

-CITE-

42 USC Sec. 6372f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part F - Energy Conservation Program for Buildings Owned by Units of

Local Government and Public Care Institutions

-HEAD-

Sec. 6372f. Authorization of appropriations

-STATUTE-

(a) For the purpose of making grants to States to conduct

preliminary energy audits and energy audits under this part there

is authorized to be appropriated not to exceed $7,500,000 for the

fiscal year ending September 30, 1978, and $7,500,000 for the

fiscal year ending September 30, 1979, such funds to remain

available until expended.

(b) For the purpose of making technical assistance grants under

this part to States and to units of local government and public

care institutions, there is hereby authorized to be appropriated

not to exceed $17,500,000 for the fiscal year ending September 30,

1978, and $32,500,000 for the fiscal year ending September 30,

1979, such funds to remain available until expended.

(c) For the expenses of the Secretary in administering the

provisions of this part, there are hereby authorized to be

appropriated such sums as may be necessary for each fiscal year in

the two consecutive fiscal year periods ending September 30, 1979,

such funds to remain available until expended.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400G, as added Pub. L. 95-619,

title III, Sec. 311(a), Nov. 9, 1978, 92 Stat. 3253.)

-End-

-CITE-

42 USC Sec. 6372g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part F - Energy Conservation Program for Buildings Owned by Units of

Local Government and Public Care Institutions

-HEAD-

Sec. 6372g. Allocation of grants

-STATUTE-

(a) Grants made under this part shall be allocated among the

States in accordance with a formula to be prescribed, by rule, by

the Secretary, taking into account population and climate of each

State, and such other factors as the Secretary may deem

appropriate.

(b) The total amount allocated to any State under subsection (a)

of this section in any year shall not exceed 10 percent of the

total amount allocated to all the States in such year under such

subsection (a) of this section. Except for the District of

Columbia, Puerto Rico, Guam, American Samoa, and the Virgin

Islands, not less than 0.5 percent of such total allocation to all

States for that year shall be allocated in such year for the total

of grants in each State which has an approved State plan under this

part.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400H, as added Pub. L. 95-619,

title III, Sec. 311(a), Nov. 9, 1978, 92 Stat. 3253.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6372e of this title.

-End-

-CITE-

42 USC Sec. 6372h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part F - Energy Conservation Program for Buildings Owned by Units of

Local Government and Public Care Institutions

-HEAD-

Sec. 6372h. Administration; detailed description in annual report

-STATUTE-

(a) The Secretary may prescribe such rules as may be necessary in

order to carry out the provisions of this part.

(b) The Secretary shall include in his annual report a detailed

description of the actions taken under this part in the preceding

fiscal year and the actions planned to be taken in the subsequent

fiscal year. Such description shall show the allocations made

(including the allocations made to each State) and include

information on the technical assistance carried out with funds

allocated, and an estimate of the energy savings, if any, achieved.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400I, as added Pub. L. 95-619,

title III, Sec. 311(a), Nov. 9, 1978, 92 Stat. 3253; amended Pub.

L. 96-470, title II, Sec. 203(a), Oct. 19, 1980, 94 Stat. 2242;

Pub. L. 105-388, Sec. 5(a)(13), Nov. 13, 1998, 112 Stat. 3479.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-388 struck out comma after

"Secretary shall".

1980 - Subsec. (b). Pub. L. 96-470 substituted "include in his

annual report a detailed description" for "within one year after

November 9, 1978, and annually thereafter while funds are available

under this part, submit to the Congress a detailed report" and

"Such description" for "Such report".

-End-

-CITE-

42 USC Sec. 6372i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part F - Energy Conservation Program for Buildings Owned by Units of

Local Government and Public Care Institutions

-HEAD-

Sec. 6372i. Records

-STATUTE-

Each recipient of assistance under this part shall keep such

records, provide such reports, and furnish such access to books and

records as the Secretary may by rule prescribe.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400J, as added Pub. L. 95-619,

title III, Sec. 311(a), Nov. 9, 1978, 92 Stat. 3253.)

-End-

-CITE-

42 USC Part G - Off-Highway Motor Vehicles 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part G - Off-Highway Motor Vehicles

-HEAD-

PART G - OFF-HIGHWAY MOTOR VEHICLES

-COD-

CODIFICATION

This part was, in the original, designated part I and has been

changed to part G for purposes of codification.

-End-

-CITE-

42 USC Sec. 6373 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part G - Off-Highway Motor Vehicles

-HEAD-

Sec. 6373. Off-highway motor vehicles

-STATUTE-

Not later than 1 year after November 9, 1978, the Secretary of

Transportation shall complete a study of the energy conservation

potential of recreational motor vehicles, including, but not

limited to, aircraft and motor boats which are designed for

recreational use, and shall submit a report to the President and to

the Congress containing the results of such study.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 385, as added Pub. L. 95-619,

title VI, Sec. 681(a), Nov. 9, 1978, 92 Stat. 3286.)

-End-

-CITE-

42 USC Part H - Encouraging Use of Alternative Fuels 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part H - Encouraging Use of Alternative Fuels

-HEAD-

PART H - ENCOURAGING USE OF ALTERNATIVE FUELS

-COD-

CODIFICATION

This part was, in the original, designated part J and has been

changed to part H for purposes of codification.

-End-

-CITE-

42 USC Sec. 6374 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part H - Encouraging Use of Alternative Fuels

-HEAD-

Sec. 6374. Alternative fuel use by light duty Federal vehicles

-STATUTE-

(a) Department of Energy program

(1) Beginning in the fiscal year ending September 30, 1990, the

Secretary shall ensure, with the cooperation of other appropriate

agencies and consistent with other Federal law, that the maximum

number practicable of the vehicles acquired annually for use by the

Federal Government shall be alternative fueled vehicles. In no

event shall the number of such vehicles acquired be less than the

number required under section 13212 of this title.

(2) In any determination of whether the acquisition of a vehicle

is practicable under paragraph (1), the initial cost of such

vehicle to the United States shall not be considered as a factor

unless the initial cost of such vehicle exceeds the initial cost of

a comparable gasoline or diesel fueled vehicle by at least 5

percent.

(3)(A) To the extent practicable, the Secretary shall acquire

both dedicated and dual fueled vehicles, and shall ensure that each

type of alternative fueled vehicle is used by the Federal

Government.

(B) Vehicles acquired under this section shall be acquired from

original equipment manufacturers. If such vehicles are not

available from original equipment manufacturers, vehicles converted

to use alternative fuels may be acquired if, after conversion, the

original equipment manufacturer's warranty continues to apply to

such vehicles, pursuant to an agreement between the original

equipment manufacturer and the person performing the conversion.

This subparagraph shall not apply to vehicles acquired by the

United States Postal Service pursuant to a contract entered into by

the United States Postal Service before October 24, 1992, and which

terminates on or before December 31, 1997.

(C) Alternative fueled vehicles, other than those described in

subparagraph (B), may be acquired solely for the purposes of

studies under subsection (b) of this section, whether or not

original equipment manufacturer warranties still apply.

(D) In deciding which types of alternative fueled vehicles to

acquire in implementing this part, the Secretary shall consider as

a factor -

(i) which types of vehicles yield the greatest reduction in

pollutants emitted per dollar spent; and

(ii) the source of the fuel to supply the vehicles, giving

preference to vehicles that operate on alternative fuels derived

from domestic sources.

(E) Dual fueled vehicles acquired pursuant to this section shall

be operated on alternative fuels unless the Secretary determines

that operation on such alternative fuels is not feasible.

(F) At least 50 percent of the alternative fuels used in vehicles

acquired pursuant to this section shall be derived from domestic

feedstocks, except to the extent inconsistent with the multilateral

trade agreements (as defined in section 3501(4) of title 19). The

Secretary shall issue regulations to implement this requirement.

For purposes of this subparagraph, the term "domestic" has the

meaning given such term in section 13211(7) of this title.

(G) Except to the extent inconsistent with the multilateral trade

agreements (as defined in section 3501(4) of title 19), vehicles

acquired under this section shall be motor vehicles manufactured in

the United States or Canada.

(4) Acquisitions of vehicles under this section shall, to the

extent practicable, be coordinated with acquisitions of alternative

fueled vehicles by State and local governments.

(b) Studies

(1)(A) The Secretary, in cooperation with the Environmental

Protection Agency and the National Highway Traffic Safety

Administration, shall conduct a study of a representative sample of

alternative fueled vehicles in Federal fleets, which shall at a

minimum address -

(i) the performance of such vehicles, including performance in

cold weather and at high altitude;

(ii) the fuel economy, safety, and emissions of such vehicles;

and

(iii) a comparison of the operation and maintenance costs of

such vehicles to the operation and maintenance costs of other

passenger automobiles and light duty trucks.

(B) The Secretary shall provide a report on the results of the

study conducted under subparagraph (A) to the Committees on

Commerce, Science, and Transportation and Governmental Affairs of

the Senate, and the Committee on Energy and Commerce of the House

of Representatives, within one year after the first such vehicles

are acquired.

(2)(A) The Secretary and the Administrator of the General

Services Administration shall conduct a study of the advisability,

feasibility, and timing of the disposal of vehicles acquired under

subsection (a) of this section and any problems of such disposal.

Such study shall take into account existing laws governing the sale

of Government vehicles and shall specifically focus on when to sell

such vehicles and what price to charge, without compromising

studies of the use of such vehicles authorized under this part.

(B) The Secretary and the Administrator of the General Services

Administration shall report the results of the study conducted

under subparagraph (A) to the Committees on Commerce, Science, and

Transportation and Governmental Affairs of the Senate, and the

Committee on Energy and Commerce of the House of Representatives,

within 12 months after funds are appropriated for carrying out this

section.

(3) Studies undertaken under this subsection shall be coordinated

with relevant testing activities of the Environmental Protection

Agency and the Department of Transportation.

(c) Availability to public

To the extent practicable, at locations where vehicles acquired

under subsection (a) of this section are supplied with alternative

fuels, such fuels shall be offered for sale to the public. The head

of the Federal agency responsible for such a location shall

consider whether such sale is practicable, taking into account,

among other factors -

(1) whether alternative fuel is commercially available for

vehicles in the vicinity of such location;

(2) security and safety considerations;

(3) whether such sale is in accordance with applicable local,

State, and Federal law;

(4) the ease with which the public can access such location;

and

(5) the cost to the United States of such sale.

(d) Federal agency use of demonstration vehicles

(1) Upon the request of the head of any agency of the Federal

Government, the Secretary shall ensure that such Federal agency be

provided with vehicles acquired under subsection (a) of this

section to the maximum extent practicable.

(2)(A) Funds appropriated under this section for the acquisition

of vehicles under subsection (a) of this section shall be

applicable only to the portion of the cost of vehicles acquired

under subsection (a) of this section which exceeds the cost of

comparable gasoline or diesel fueled vehicles.

(B) To the extent that appropriations are available for such

purposes, the Secretary shall ensure that the cost to any Federal

agency receiving a vehicle under paragraph (1) shall not exceed the

cost to such agency of a comparable gasoline or diesel fueled

vehicle.

(3) Only one-half of the vehicles acquired under this section by

an agency of the Federal Government shall be counted against any

limitation under law, Executive order, or executive or agency

policy on the number of vehicles which may be acquired by such

agency.

(4) Any Federal agency receiving a vehicle under paragraph (1)

shall cooperate with studies undertaken by the Secretary under

subsection (b) of this section.

(e) Detail of personnel

Upon the request of the Secretary, the head of any Federal agency

may detail, on a reimbursable basis, any of the personnel of such

agency to the Department of Energy to assist the Secretary in

carrying out the Secretary's duties under this section.

(f) Exemptions

(1) Vehicles acquired under this section shall not be counted in

any calculation of the average fuel economy of the fleet of

passenger automobiles acquired in a fiscal year by the United

States.

(2) The incremental cost of vehicles acquired under this section

over the cost of comparable gasoline or diesel fueled vehicles

shall not be applied to any calculation with respect to a

limitation under law on the maximum cost of individual vehicles

which may be acquired by the United States.

(g) Definitions

For purposes of this part -

(1) the term "acquired" means leased for a period of sixty

continuous days or more, or purchased;

(2) the term "alternative fuel" means methanol, denatured

ethanol, and other alcohols; mixtures containing 85 percent or

more (or such other percentage, but not less than 70 percent, as

determined by the Secretary, by rule, to provide for requirements

relating to cold start, safety, or vehicle functions) by volume

of methanol, denatured ethanol, and other alcohols with gasoline

or other fuels; natural gas; liquefied petroleum gas; hydrogen;

coal-derived liquid fuels; fuels (other than alcohol) derived

from biological materials; electricity (including electricity

from solar energy); and any other fuel the Secretary determines,

by rule, is substantially not petroleum and would yield

substantial energy security benefits and substantial

environmental benefits;

(3) the term "alternative fueled vehicle" means a dedicated

vehicle or a dual fueled vehicle;

(4) the term "dedicated vehicle" means -

(A) a dedicated automobile, as such term is defined in

section 32901(a)(7) of title 49; or

(B) a motor vehicle, other than an automobile, that operates

solely on alternative fuel;

(5) the term "dual fueled vehicle" means -

(A) dual fueled automobile, as such term is defined in

section 32901(a)(8) of title 49; or

(B) a motor vehicle, other than an automobile, that is

capable of operating on alternative fuel and is capable of

operating on gasoline or diesel fuel; and

(6) the term "heavy duty vehicle" means a vehicle of greater

than 8,500 pounds gross vehicle weight rating.

(h) Funding

(1) For the purposes of this section, there are authorized to be

appropriated such sums as may be necessary for fiscal years 1993

through 1998, to remain available until expended.

(2) The authority of the Secretary to obligate amounts to be

expended under this section shall be effective for any fiscal year

only to such extent or in such amounts as are provided in advance

by appropriation Acts.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400AA, as added Pub. L. 100-494,

Sec. 4(a), Oct. 14, 1988, 102 Stat. 2442; amended Pub. L. 102-486,

title III, Secs. 302(a), 309, Oct. 24, 1992, 106 Stat. 2868, 2874;

Pub. L. 104-66, title I, Secs. 1051(a), 1052(e), Dec. 21, 1995, 109

Stat. 716, 718; Pub. L. 105-388, Sec. 5(a)(14), Nov. 13, 1998, 112

Stat. 3479; Pub. L. 106-36, title I, Sec. 1002(h), June 25, 1999,

113 Stat. 134.)

-COD-

CODIFICATION

In subsec. (g)(4)(A), (5)(A), "section 32901(a)(7) of title 49"

substituted for "section 513(h)(1)(C) of the Motor Vehicle

Information Cost Savings Act" and "section 32901(a)(8) of title 49"

substituted for "section 513(h)(1)(D) of the Motor Vehicle

Information and Cost Savings Act", respectively, on authority of

Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first

section of which enacted subtitles II, III, and V to X of Title 49,

Transportation.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(3)(F), (G). Pub. L. 106-36 substituted

"multilateral trade agreements (as defined in section 3501(4) of

title 19)" for "General Agreement on Tariffs and Trade".

1998 - Subsecs. (h), (i). Pub. L. 105-388 redesignated subsec.

(i) as (h).

1995 - Subsec. (b)(1)(B). Pub. L. 104-66, Sec. 1052(e), struck

out before period at end ", and annually thereafter".

Subsec. (b)(3) to (5). Pub. L. 104-66, Sec. 1051(a), redesignated

par. (5) as (3) and struck out former par. (3) which directed

Secretary to conduct study of heavy duty vehicles acquired under

Department of Energy program and report results to Congress and

par. (4) which directed Secretary to conduct study of advisability

of heavy duty vehicle disposal and report results to Congress.

1992 - Subsec. (a)(1). Pub. L. 102-486, Sec. 302(a)(1),

substituted "vehicles" for "passenger automobiles and light duty

trucks" before "acquired annually for use" and "alternative fueled

vehicles. In no event shall the number of such vehicles acquired be

less than the number required under section 13212 of this title."

for "alcohol powered vehicles, dual energy vehicles, natural gas

powered vehicles, or natural gas dual energy vehicles."

Subsec. (a)(3). Pub. L. 102-486, Sec. 302(a)(2), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "The

Secretary shall, to the extent practicable and consistent with this

part, ensure that the number of dual energy vehicles acquired under

this subsection is at least as great as the number of alcohol

powered vehicles acquired under this subsection, and that the

number of natural gas dual energy vehicles acquired under this

subsection is at least as great as the number of natural gas

powered vehicles acquired under this subsection. To the extent

practicable, both vehicles capable of operating on alcohol and

vehicles capable of operating on natural gas shall be acquired in

carrying out this subsection, and such vehicles shall be supplied

by original equipment manufacturers."

Subsec. (a)(4). Pub. L. 102-486, Sec. 302(a)(3), added par. (4).

Subsec. (b)(1)(A). Pub. L. 102-486, Sec. 309, substituted "a

representative sample of alternative fueled vehicles in Federal

fleets" for "the vehicles acquired under subsection (a) of this

section".

Subsec. (b)(3) to (5). Pub. L. 102-486, Sec. 302(a)(4), added

pars. (3) to (5).

Subsec. (c). Pub. L. 102-486, Sec. 302(a)(5), in introductory

provisions substituted "alternative fuels, such fuels" for "alcohol

or natural gas, alcohol or natural gas" and in par. (1) substituted

"alternative fuel" for "alcohol or natural gas".

Subsec. (d)(2)(B). Pub. L. 102-486, Sec. 302(a)(6), substituted

"To the extent that appropriations are available for such purposes,

the Secretary" for "The Secretary".

Subsec. (g)(2) to (6). Pub. L. 102-486, Sec. 302(a)(7), added

pars. (2) to (6) and struck out former pars. (2) to (6) which read

as follows:

"(2) the term 'alcohol' means a mixture containing 85 percent or

more by volume methanol, ethanol, or other alcohols, in any

combination;

"(3) the term 'alcohol powered vehicle' means a vehicle designed

to operate exclusively on alcohol;

"(4) the term 'dual energy vehicle' means a vehicle which is

capable of operating on alcohol and on gasoline or diesel fuel;

"(5) the term 'natural gas dual energy vehicle' means a vehicle

which is capable of operating on natural gas and on gasoline or

diesel fuel; and

"(6) the term 'natural gas powered vehicle' means a vehicle

designed to operate exclusively on natural gas."

Subsec. (i)(1). Pub. L. 102-486, Sec. 302(a)(8), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "For the

purposes of this section, there are authorized to be appropriated

for the fiscal year ending September 30, 1990, $5,000,000, for the

fiscal year ending September 30, 1991, $3,000,000, for the fiscal

year ending September 30, 1992, $2,000,000, and for the fiscal year

ending September 30, 1993, $2,000,000."

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

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

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

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

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

Congress, Jan. 3, 2001.

-MISC2-

TERMINATION DATE

Section 4(b) of Pub. L. 100-494, which provided that this section

and the amendments made by this section (enacting this part) were

to cease to be effective after Sept. 30, 1997, was repealed by Pub.

L. 102-486, title III, Sec. 302(b), Oct. 24, 1992, 106 Stat. 2871.

FINDINGS

Section 2 of Pub. L. 100-494 provided that: "The Congress finds

and declares that -

"(1) the achievement of long-term energy security for the

United States is essential to the health of the national economy,

the well-being of our citizens, and the maintenance of national

security;

"(2) the displacement of energy derived from imported oil with

alternative fuels will help to achieve energy security and

improve air quality;

"(3) transportation uses account for more than 60 percent of

the oil consumption of the Nation;

"(4) the Nation's security, economic, and environmental

interests require that the Federal Government should assist

clean-burning, nonpetroleum transportation fuels to reach a

threshold level of commercial application and consumer

acceptability at which they can successfully compete with

petroleum-based fuels;

"(5) methanol, ethanol, and natural gas are proven

transportation fuels that burn more cleanly and efficiently than

gasoline and diesel fuel;

"(6) the production and use as transportation fuels of ethanol,

methanol made from natural gas or biomass, and compressed natural

gas have been estimated in some studies to release less carbon

dioxide than comparable quantities of petroleum-based fuel;

"(7) the amount of carbon dioxide released with methanol from a

coal-to-methanol industry using currently available technologies

has been estimated in some studies to be significantly greater

than the amount released with a comparable quantity of

petroleum-based fuel;

"(8) there exists evidence that manmade pollution - the release

of carbon dioxide, chlorofluorocarbons, methane, and other trace

gases into the atmosphere - may be producing a long term and

substantial increase in the average temperature on Earth, a

phenomenon known as global warming through the greenhouse effect;

and

"(9) ongoing pollution and deforestation may be contributing

now to an irreversible process producing unacceptable global

climate changes; necessary actions must be identified and

implemented in time to protect the climate, including the

development of technologies to control increased carbon dioxide

emissions that result with methanol from a coal-to-methanol

industry."

PURPOSE

Section 3 of Pub. L. 100-494 provided that: "The purpose of this

Act [see Short Title of 1988 Amendment note set out under section

6201 of this title] is to encourage -

"(1) the development and widespread use of methanol, ethanol,

and natural gas as transportation fuels by consumers; and

"(2) the production of methanol, ethanol, and natural gas

powered motor vehicles."

USE OF NONSTANDARD FUELS

Section 5 of Pub. L. 100-494 provided that: "No guaranty or

warranty with respect to any passenger automobile or light-duty

truck acquired by the United States after October 1, 1989, shall be

voided or reduced in effect by reason of the operation of such

vehicle with any fuel for which a currently effective waiver, which

includes a limitation regarding Reid vapor pressure with respect to

such fuel, has been issued by the Administrator of the

Environmental Protection Agency under section 211(f) of the Clean

Air Act (42 U.S.C. 7545(f))."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13212 of this title.

-End-

-CITE-

42 USC Sec. 6374a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part H - Encouraging Use of Alternative Fuels

-HEAD-

Sec. 6374a. Alternative fuels truck commercial application program

-STATUTE-

(a) Establishment

The Secretary, in cooperation with manufacturers of heavy duty

engines and with other Federal agencies, shall establish a

commercial application program to study the use of alternative

fuels in heavy duty trucks and, if appropriate, other heavy duty

applications.

(b) Funding

(1) There are authorized to be appropriated to the Secretary for

carrying out this section such sums as may be necessary for fiscal

years 1993 through 1995, to remain available until expended.

(2) The authority of the Secretary to obligate amounts to be

expended under this section shall be effective for any fiscal year

only to such extent or in such amounts as are provided in advance

by appropriation Acts.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400BB, as added Pub. L. 100-494,

Sec. 4(a), Oct. 14, 1988, 102 Stat. 2444; amended Pub. L. 102-486,

title IV, Sec. 401, Oct. 24, 1992, 106 Stat. 2875.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-486, Sec. 401(a), substituted

"alternative fuels" for "alcohol and natural gas".

Subsec. (b)(1). Pub. L. 102-486, Sec. 401(b), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "There are

authorized to be appropriated for the period encompassing the

fiscal years ending September 30, 1990, September 30, 1991, and

September 30, 1992, a total of $2,000,000 for alcohol powered

vehicles and dual energy vehicles, and a total of $2,000,000 for

natural gas powered vehicles and natural gas dual energy vehicles,

to carry out the purposes of this section."

-End-

-CITE-

42 USC Sec. 6374b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part H - Encouraging Use of Alternative Fuels

-HEAD-

Sec. 6374b. Alternative fuels bus program

-STATUTE-

(a) Testing

The Secretary, in cooperation with the Administrator of the

Environmental Protection Agency and the Administrator of the

National Highway Traffic Safety Administration, shall, beginning in

the fiscal year ending September 30, 1990, assist State and local

government agencies in the testing in urban settings of buses

capable of operating on alternative fuels for the emissions levels,

durability, safety, and fuel economy of such buses, comparing the

different types with each other and with diesel powered buses, as

such buses will be required to operate under Federal safety and

environmental standards applicable to such buses for the model year

1991. To the extent practicable, testing assisted under this

section shall apply to each of the various types of alternative

fuel buses.

(b) Funding

There are authorized to be appropriated for the period

encompassing the fiscal years ending September 30, 1990, September

30, 1991, and September 30, 1992, a total of $2,000,000 to carry

out the purposes of this section.

(c) "Bus" defined

For purposes of this section, the term "bus" means a vehicle

which is designed to transport 30 individuals or more.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400CC, as added Pub. L. 100-494,

Sec. 4(a), Oct. 14, 1988, 102 Stat. 2445; amended Pub. L. 102-486,

title IV, Sec. 402(1), Oct. 24, 1992, 106 Stat. 2875.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-486 substituted "alternative

fuels" for "alcohol and buses capable of operating on natural gas"

and "each of the various types of alternative fuel buses" for "both

buses capable of operating on alcohol and buses capable of

operating on natural gas".

-End-

-CITE-

42 USC Sec. 6374c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part H - Encouraging Use of Alternative Fuels

-HEAD-

Sec. 6374c. Omitted

-COD-

CODIFICATION

Section, Pub. L. 94-163, title III, Sec. 400DD, as added Pub. L.

100-494, Sec. 4(a), Oct. 14, 1988, 102 Stat. 2445; amended Pub. L.

102-486, title IV, Sec. 402(2), (3), Oct. 24, 1992, 106 Stat. 2876,

provided for establishment of the Interagency Commission on

Alternative Motor Fuels and the United States Alternative Fuels

Council, required the Commission to submit interim reports and a

final report by Sept. 30, 1992, to Congress, and terminated the

Commission and Council upon submission of the final report.

-End-

-CITE-

42 USC Sec. 6374d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

Part H - Encouraging Use of Alternative Fuels

-HEAD-

Sec. 6374d. Studies and reports

-STATUTE-

(a) Methanol study

(1) The Secretary shall study methanol plants, including the

costs and practicability of such plants, that are -

(A) capable of utilizing current domestic supplies of

unutilized natural gas;

(B) relocatable; or

(C) suitable for natural gas to methanol conversion by natural

gas distribution companies.

(2) For purposes of this subsection, the term "unutilized natural

gas" means gas that is available in small remote fields and cannot

be economically transported to natural gas pipelines, or gas the

quality of which is so poor that extensive and uneconomic

pretreatment is required prior to its introduction into the natural

gas distribution system.

(3) The Secretary shall submit a report under this subsection to

the Committees on Commerce, Science, and Transportation and

Governmental Affairs of the Senate, and the Committee on Energy and

Commerce of the House of Representatives, no later than September

30, 1990.

(b) Omitted

(c) Public participation

Adequate opportunity shall be provided for public comment on the

reports required by this section before they are submitted to the

Congress, and a summary of such comments shall be attached to such

reports.

-SOURCE-

(Pub. L. 94-163, title III, Sec. 400EE, as added Pub. L. 100-494,

Sec. 4(a), Oct. 14, 1988, 102 Stat. 2447.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsec. (b)(1)(A), was in the original

"the Alternative Motor Fuels Act of 1988", Pub. L. 100-494, Oct.

14, 1988, 102 Stat. 2441, which is classified principally to this

part. For complete classification of this Act to the Code, see

Short Title of 1988 Amendment note set out under section 6201 of

this title and Tables.

-COD-

CODIFICATION

Subsec. (b) of this section, which required the Administrator of

the Environmental Protection Agency to submit biennially to

Congress a report which includes a comprehensive analysis of the

environmental impacts associated with the production and use of

alternative motor vehicle fuels under this part and an extended

forecast of the environmental effects of such production and use,

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 25th item on page 163

of House Document No. 103-7.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

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

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

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

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

Congress, Jan. 3, 2001.

-End-

-CITE-

42 USC SUBCHAPTER IV - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER IV - GENERAL PROVISIONS

-End-

-CITE-

42 USC Part A - Energy Data Base and Energy Information 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part A - Energy Data Base and Energy Information

-HEAD-

PART A - ENERGY DATA BASE AND ENERGY INFORMATION

-End-

-CITE-

42 USC Sec. 6381 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part A - Energy Data Base and Energy Information

-HEAD-

Sec. 6381. Verification examinations

-STATUTE-

(a) Authority of Comptroller General

The Comptroller General may conduct verification examinations

with respect to the books, records, papers, or other documents of -

(1) any person who is required to submit energy information to

the Secretary, the Department of the Interior, or the Federal

Energy Regulatory Commission pursuant to any rule, regulation,

order, or other legal process of such Secretary, Department or

Commission;

(2) any person who is engaged in the production, processing,

refining, transportation by pipeline, or distribution (at other

than the retail level) of energy resources -

(A) if such person has furnished, directly or indirectly,

energy information (without regard to whether such information

was furnished pursuant to legal requirements) to any Federal

agency (other than the Internal Revenue Service), and

(B) if the Comptroller General of the United States

determines that such information has been or is being used or

taken into consideration, in whole or in part, by a Federal

agency in carrying out responsibilities committed to such

agency; or

(3) any vertically integrated petroleum company with respect to

financial information of such company related to energy resource

exploration, development, and production and the transportation,

refining and marketing of energy resources and energy products.

(b) Request for examination

The Comptroller General shall conduct verification examinations

of any person or company described in subsection (a) of this

section, if requested to do so by any duly established committee of

the Congress having legislative or oversight responsibilities under

the rules of the House of Representatives or of the Senate, with

respect to energy matters or any of the laws administered by the

Department of the Interior (or the Secretary thereof), the Federal

Energy Regulatory Commission, or the Secretary.

(c) Definitions

For the purposes of this subchapter -

(1) The term "verification examination" means an examination of

such books, records, papers, or other documents of a person or

company as the Comptroller General determines necessary and

appropriate to assess the accuracy, reliability, and adequacy of

the energy information, or financial information, referred to in

subsection (a) of this section.

(2) The term "energy information" has the same meaning as such

term has in section 796(e)(1) of title 15.

(3) The term "person" has the same meaning as such term has in

section 796(e)(2) of title 15.

(4) The term "vertically integrated petroleum company" means

any person which itself, or through a person which is controlled

by, controls, or is under common control with such person, is

engaged in the production, refining, and marketing of petroleum

products.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 501, Dec. 22, 1975, 89 Stat. 956;

Pub. L. 95-91, title III, Sec. 301, title IV, Sec. 402, title VII,

Secs. 703, 707, Aug. 4, 1977, 91 Stat. 577, 583, 606, 607; Pub. L.

95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat. 3288.)

-MISC1-

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-619 purported to substitute

"Secretary" for "Administrator", meaning Administrator of the

Federal Energy Administration. See Transfer of Functions note

below.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary, the Department of the Interior, or the Federal Energy

Regulatory Commission" and "Secretary" substituted for "Federal

Energy Administration, the Department of the Interior, or the

Federal Power Commission" and "Administration", respectively, in

subsec. (a)(1), and "Federal Energy Regulatory Commission, or the

Secretary" substituted for "Federal Power Commission, or the

Federal Energy Administration (or the Administrator)" in subsec.

(b) pursuant to sections 301, 402, 703, and 707 of Pub. L. 95-91,

which are classified to sections 7151, 7172, 7293, and 7297 of this

title and which terminated Federal Energy Administration and

transferred its functions and functions of Administrator thereof

(with certain exceptions) to Secretary of Energy and terminated

Federal Power Commission and transferred its functions to Federal

Energy Regulatory Commission and Secretary of Energy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6299, 6382 of this title.

-End-

-CITE-

42 USC Sec. 6382 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part A - Energy Data Base and Energy Information

-HEAD-

Sec. 6382. Powers and duties of Comptroller General

-STATUTE-

(a) Subpenas; discovery and inspection; oaths; search

For the purpose of carrying out his authority under section 6381

of this title -

(1) the Comptroller General may -

(A) sign and issue subpenas for the attendance and testimony

of witnesses and the production of books, records, papers, and

other documents;

(B) require any person, by general or special order, to

submit answers in writing to interrogatories, to submit books,

records, papers, or other documents, or to submit any other

information or reports, and such answers or other submissions

shall be made within such reasonable period, and under oath or

otherwise, as the Comptroller General may determine; and

(C) administer oaths.

(2) the Comptroller General, or any officer or employee duly

designated by the Comptroller General, upon presenting

appropriate credentials and a written notice from the Comptroller

General to the owner, operator, or agent in charge, may -

(A) enter, at reasonable times, any business premise or

facility; and

(B) inspect, at reasonable times and in a reasonable manner,

any such premise or facility, inventory and sample any stock of

energy resources therein, and examine and copy books, records,

papers, or other documents, relating to any energy information,

or any financial information in the case of a vertically

integrated petroleum company.

(b) Information in possession of Federal agencies

The Comptroller General shall have access to any energy

information within the possession of any Federal agency (other than

the Internal Revenue Service) as is necessary to carry out his

authority under this section.

(c) Transmission of examination results to Federal agencies

(1) Except as provided in subsections (d) and (e) of this

section, the Comptroller General shall transmit a copy of the

results of any verification examination conducted under section

6381 of this title to the Federal agency to which energy

information which was subject to such examination was furnished.

(2) Any report made pursuant to paragraph (1) shall include the

Comptroller General's findings with respect to the accuracy,

reliability, and adequacy of the energy information which was the

subject of such examination.

(d) Report to Congressional committees

If the verification examination was conducted at the request of

any committee of the Congress, the Comptroller General shall report

his findings as to the accuracy, reliability, or adequacy of the

energy information which was the subject of such examination, or

financial information in the case of a vertically integrated

petroleum company, directly to such committee of the Congress and

any such information obtained and such report shall be deemed the

property of such committee and may not be disclosed except in

accordance with the rules of the committee and the rules of the

House of Representatives or the Senate and as permitted by law.

(e) Disclosure of geological or geophysical information

(1) Any information obtained by the Comptroller General or any

officer or employee of the General Accounting Office pursuant to

the exercise of responsibilities or authorities under this section

which relates to geological or geophysical information, or any

estimate or interpretation thereof, the disclosure of which would

result in significant competitive disadvantage or significant loss

to the owner thereof shall not be disclosed except to a committee

of Congress. Any such information so furnished to a committee of

the Congress shall be deemed the property of such committee and may

not be disclosed except in accordance with the rules of the

committee and the rules of the House of Representatives or the

Senate and as permitted by law.

(2) Any person who knowingly discloses information in violation

of paragraph (1) shall be subject to the penalties specified in

section 754(a)(3)(B) and (4) (!1) of title 15.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 502, Dec. 22, 1975, 89 Stat. 957;

Pub. L. 104-316, title I, Sec. 122(p), Oct. 19, 1996, 110 Stat.

3838.)

-REFTEXT-

REFERENCES IN TEXT

Section 754 of title 15, referred to in subsec. (e)(2), 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

1996 - Subsec. (f). Pub. L. 104-316 struck out subsec. (f) which

read as follows: "The Comptroller General shall prepare and submit

to the Congress an annual report with respect to the exercise of

its authorities under this part, which report shall specifically

identify any deficiencies in energy information or financial

information reviewed by the Comptroller General and include a

discussion of action taken by the person or company so examined, if

any, to correct any such deficiencies."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6384 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6383 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part A - Energy Data Base and Energy Information

-HEAD-

Sec. 6383. Accounting practices

-STATUTE-

(a) Development by Securities and Exchange Commission; time of

taking effect

For purposes of developing a reliable energy data base related to

the production of crude oil and natural gas, the Securities and

Exchange Commission shall take such steps as may be necessary to

assure the development and observance of accounting practices to be

followed in the preparation of accounts by persons engaged, in

whole or in part, in the production of crude oil or natural gas in

the United States. Such practices shall be developed not later than

24 months after December 22, 1975, and shall take effect with

respect to the fiscal year of each such person which begins 3

months after the date on which such practices are prescribed or

made effective under the authority of subsection (b)(2) of this

section.

(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

In carrying out its responsibilities under subsection (a) of this

section, the Securities and Exchange Commission shall -

(1) consult with the Secretary, the General Accounting Office,

and the Federal Energy Regulatory Commission with respect to

accounting practices to be developed under subsection (a) of this

section, and

(2) have authority to prescribe rules applicable to persons

engaged in the production of crude oil or natural gas, or make

effective by recognition, or by other appropriate means

indicating a determination to rely on, accounting practices

developed by the Financial Accounting Standards Board, if the

Securities and Exchange Commission is assured that such practice

will be observed by persons engaged in the production of crude

oil or natural gas to the same extent as would result if the

Securities and Exchange Commission had prescribed such practices

by rule.

The Securities and Exchange Commission shall afford interested

persons an opportunity to submit written comments with respect to

whether it should exercise its discretion to recognize or otherwise

rely on such accounting practice in lieu of prescribing such

practices by rule and may extend the 24-month period referred to in

subsection (a) of this section as it determines may be necessary to

allow for a meaningful comment period with respect to such

determination.

(c) Requirements for accounting practices

The Securities and Exchange Commission shall assure that

accounting practices developed pursuant to this section, to the

greatest extent practicable, permit the compilation, treating

domestic and foreign operations as separate categories, of an

energy data base consisting of:

(1) The separate calculation of capital, revenue, and operating

cost information pertaining to -

(A) prospecting,

(B) acquisition,

(C) exploration,

(D) development, and

(E) production,

including geological and geophysical costs, carrying costs,

unsuccessful exploratory drilling costs, intangible drilling and

development costs on productive wells, the cost of unsuccessful

development wells, and the cost of acquiring oil and gas reserves

by means other than development. Any such calculation shall take

into account disposition of capitalized costs, contractual

arrangements involving special conveyance of rights and joint

operations, differences between book and tax income, and prices

used in the transfer of products or other assets from one person

to any other person, including a person controlled by,

controlling, or under common control with such person.

(2) The full presentation of the financial information of

persons engaged in the production of crude oil or natural gas,

including -

(A) disclosure of reserves and operating activities, both

domestic and foreign, to facilitate evaluation of financial

effort and result; and

(B) classification of financial information by function to

facilitate correlation with reserve and operating statistics,

both domestic and foreign.

(3) Such other information, projections, and relationships of

collected data as shall be necessary to facilitate the

compilation of such data base.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 503, Dec. 22, 1975, 89 Stat. 958;

Pub. L. 95-91, title III, Sec. 301, title IV, Sec. 402, title VII,

Secs. 703, 707, Aug. 4, 1977, 91 Stat. 577, 583, 606, 607; Pub. L.

105-388, Sec. 5(a)(15), Nov. 13, 1998, 112 Stat. 3479.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-388, Sec. 5(a)(15)(A),

substituted "with respect to" for "with repect to" in concluding

provisions.

Subsec. (c)(1). Pub. L. 105-388, Sec. 5(a)(15)(B), substituted ",

controlling," for "controlling" in concluding provisions.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary, the General Accounting Office, and the Federal Energy

Regulatory Commission" substituted for "Federal Energy

Administration, the General Accounting Office, and the Federal

Power Commission" in subsec. (b)(1) pursuant to sections 301, 402,

703, and 707 of Pub. L. 95-91, which are classified to sections

7151, 7172, 7293, and 7297 of this title and which terminated

Federal Energy Administration and transferred its functions (with

certain exceptions) to Secretary of Energy and terminated Federal

Power Commission and transferred its functions to Federal Energy

Regulatory Commission and Secretary of Energy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 796.

-End-

-CITE-

42 USC Sec. 6384 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part A - Energy Data Base and Energy Information

-HEAD-

Sec. 6384. Enforcement

-STATUTE-

(a) Civil penalties

Any person who violates any general or special order of the

Comptroller General issued under section 6382(a)(1)(B) of this

title may be assessed a civil penalty not to exceed $10,000 for

each violation. Each day of failure to comply with such an order

shall be deemed a separate violation. Such penalty shall be

assessed by the Comptroller General and collected in a civil action

brought by the Comptroller General through any attorney employed by

the General Accounting Office or any other attorney designated by

the Comptroller General, or, upon request of the Comptroller

General, the Attorney General. A person shall not be liable with

respect to any period during which the effectiveness of the order

with respect to such person was stayed.

(b) Jurisdiction; process

Any action to enjoin or set aside an order issued under section

6382(a)(1)(B) of this title may be brought only before the United

States Court of Appeals for the District of Columbia. Any action to

collect a civil penalty for violation of any general or special

order may be brought only in the United States District Court for

the District of Columbia. In any action brought under subsection

(a) of this section to collect a civil penalty, process may be

served in any judicial district of the United States.

(c) Securing compliance with subpena

Upon petition by the Comptroller General through any attorney

employed by the General Accounting Office or designated by the

Comptroller General, or, upon request of the Comptroller General,

the Attorney General, any United States district court within the

jurisdiction of which any inquiry under this part is carried on

may, in the case of refusal to obey a subpena of the Comptroller

General issued under this part, issue an order requiring compliance

therewith; and any failure to obey the order of the court may be

treated by the court as a contempt thereof.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 504, Dec. 22, 1975, 89 Stat. 959.)

-End-

-CITE-

42 USC Sec. 6385 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part A - Energy Data Base and Energy Information

-HEAD-

Sec. 6385. Petroleum product information

-STATUTE-

The President or his delegate shall, pursuant to authority

otherwise available to the President or his delegate under any

other provision of law, collect information on the pricing, supply,

and distribution of petroleum products by product category at the

wholesale and retail levels, on a State-by-State basis, which was

collected as of September 1, 1981, by the Energy Information

Administration.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 507, as added Pub. L. 97-229, Sec.

5(a), Aug. 3, 1982, 96 Stat. 252.)

-End-

-CITE-

42 USC Part B - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - General Provisions

-HEAD-

PART B - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 6391 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - General Provisions

-HEAD-

Sec. 6391. Prohibited actions

-STATUTE-

(a) Unreasonable classifications and differentiations

Action taken under the authorities to which this section applies,

resulting in the allocation of petroleum products or electrical

energy among classes of users or resulting in restrictions on use

of petroleum products and electrical energy shall not be based upon

unreasonable classifications of, or unreasonable differentiations

between, classes of users. In making any such allocation the

President, or any agency of the United States to which such

authority is delegated, shall give consideration to the need to

foster reciprocal and nondiscriminatory treatment by foreign

countries of United States citizens engaged in commerce in those

countries.

(b) Unreasonably disproportionate share of burdens between segments

of business community

To the maximum extent practicable, any restriction under

authorities to which this section applies on the use of energy

shall be designed to be carried out in such manner so as to be fair

and to create a reasonable distribution of the burden of such

restriction on all sectors of the economy, without imposing an

unreasonably disproportionate share of such burden on any specific

class of industry, business, or commercial enterprise, or on any

individual segment thereof. In prescribing any such restriction,

due consideration shall be given to the needs of commercial,

retail, and service establishments whose normal function is to

supply goods or services of an essential convenience nature during

times of day other than conventional daytime working hours.

(c) Authorities to which section applies

This section applies to actions under any of the following

authorities:

(1) subchapters I and II of this chapter.

(2) this subchapter.

(3) the Emergency Petroleum Allocation Act of 1973 (!1) [15

U.S.C. 751 et seq.].

-SOURCE-

(Pub. L. 94-163, title V, Sec. 521, Dec. 22, 1975, 89 Stat. 960.)

-REFTEXT-

REFERENCES IN TEXT

The Emergency Petroleum Allocation Act of 1973, referred to in

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

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

seq.) of Title 15, Commerce and Trade, and was omitted from the

Code pursuant to section 760g of Title 15, which provided for the

expiration of the President's authority under that chapter on Sept.

30, 1981.

-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. 6392 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - General Provisions

-HEAD-

Sec. 6392. Repealed. Pub. L. 104-106, div. D, title XLIII, Sec.

4304(b)(8), Feb. 10, 1996, 110 Stat. 664

-MISC1-

Section, Pub. L. 94-163, title V, Sec. 522, Dec. 22, 1975, 89

Stat. 961; Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs.

703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95-619,

title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to

conflicts of interest.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 4401

of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment

note under section 251 of Title 41, Public Contracts.

-End-

-CITE-

42 USC Sec. 6393 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - General Provisions

-HEAD-

Sec. 6393. Administrative procedure and judicial review

-STATUTE-

(a)(1) Subject to paragraphs (2), (3), and (4) of this

subsection, the provisions of subchapter II of chapter 5 of title 5

shall apply to any rule, regulation, or order having the

applicability and effect of a rule as defined in section 551(4) of

title 5 issued under subchapter I of this chapter (other than

section 6212 of this title) and subchapter II of this chapter, or

this subchapter.

(2)(A) Notice of any proposed rule, regulation, or order

described in paragraph (1) which is substantive and of general

applicability shall be given by publication of such proposed rule,

regulation, or order in the Federal Register. In each case, a

minimum of 30 days following the date of such publication and prior

to the effective date of the rule shall be provided for opportunity

to comment; except that the 30-day period for opportunity to

comment prior to the effective date of the rule may be -

(i) reduced to no less than 10 days if the President finds that

strict compliance would seriously impair the operation of the

program to which such rule, regulation, or order relates and such

findings are set out in such rule, regulation, or order, or

(ii) waived entirely, if the President finds that such waiver

is necessary to act expeditiously during an emergency affecting

the national security of the United States.

(B) Public notice of any rule, regulation, or order which is

substantive and of general applicability which is promulgated by

officers of a State or political subdivision thereof or to State or

local boards which have been delegated authority pursuant to

subchapter I or II of this chapter or this subchapter shall, to the

maximum extent practicable, be achieved by publication of such

rules, regulations, or orders in a sufficient number of newspapers

of general circulation calculated to receive widest practicable

notice.

(3) In addition to the requirements of paragraph (2) and to the

maximum extent practicable, an opportunity for oral presentation of

data, views, and arguments shall be afforded and such opportunity

shall be afforded prior to the effective date of such rule,

regulation, or order, but in all cases such opportunity shall be

afforded no later than 45 days, and no later than 10 days (in the

case of a waiver of the entire comment period under paragraph (2)

(ii)), after such date. A transcript shall be made of any oral

presentation.

(4) Any officer or agency authorized to issue rules, regulations,

or orders described in paragraph (1) shall provide for the making

of such adjustments, consistent with the other purposes of this

chapter as may be necessary to prevent special hardship, inequity,

or an unfair distribution of burdens and shall in rules prescribed

by it establish procedures which are available to any person for

the purpose of seeking an interpretation, modification, or

rescission of, or an exception to or exemption from, such rules,

regulations and orders. If such person is aggrieved or adversely

affected by the denial of a request for such action under the

preceding sentence, he may request a review of such denial by the

officer or agency and may obtain judicial review in accordance with

subsection (b) of this section or other applicable law when such

denial becomes final. The officer or agency shall, by rule,

establish appropriate procedures, including a hearing where deemed

advisable, for considering such requests for action under this

paragraph.

(b) The procedures for judicial review established by section 211

of the Economic Stabilization Act of 1970 shall apply to

proceedings to which subsection (a) of this section applies, as if

such proceedings took place under such Act. Such procedures for

judicial review shall apply notwithstanding the expiration of the

Economic Stabilization Act of 1970.

(c) Any agency authorized to issue any rule, regulation, or order

described in subsection (a)(1) of this section shall, upon written

request of any person, which request is filed after any grant or

denial of a request for exception or exemption from any such rule,

regulation, or order, furnish such person, within 30 days after the

date on which such request is filed, with a written opinion setting

forth applicable facts and the legal basis in support of such grant

or denial.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 523, Dec. 22, 1975, 89 Stat. 962.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(4), 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 Economic Stabilization Act of 1970, referred to in subsec.

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

amended, formerly set out as an Economic Stabilization Provisions

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

-COD-

CODIFICATION

Words "(other than any provision of such titles which amends

another law)", appearing in the original at the end of subsec. (a),

have been omitted as unnecessary. Such titles meant titles I, II,

and V of Pub. L. 94-163, which titles are classified to subchapters

I, II, and V of this chapter. The provisions of such titles that

amended other laws were not classified to subchapters I, II, and V

of this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6239, 6241, 6250d of this

title; title 15 section 2841; title 28 section 1295.

-End-

-CITE-

42 USC Sec. 6394 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - General Provisions

-HEAD-

Sec. 6394. Prohibited acts

-STATUTE-

It shall be unlawful for any person -

(1) to violate any provision of subchapter I or subchapter II

of this chapter or this subchapter,

(2) to violate any rule, regulation, or order issued pursuant

to any such provision or any provision of section 6363 of this

title; or

(3) to fail to comply with any provision prescribed in, or

pursuant to, an energy conservation contingency plan which is in

effect.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 524, Dec. 22, 1975, 89 Stat. 963.)

-COD-

CODIFICATION

Words "(other than any provision of such titles which amends

another law)", appearing in the original at the end of par. (1),

have been omitted as unnecessary. Such titles meant titles I, II,

and V of Pub. L. 94-163, which titles are classified to subchapters

I, II, and V of this chapter. The provisions of such titles that

amended other laws were not classified to subchapters I, II, and V

of this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6395 of this title.

-End-

-CITE-

42 USC Sec. 6395 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - General Provisions

-HEAD-

Sec. 6395. Enforcement

-STATUTE-

(a) Civil penalty

Whoever violates section 6394 of this title shall be subject to a

civil penalty of not more than $5,000 for each violation.

(b) Penalty for willful violation

Whoever willfully violates section 6394 of this title shall be

fined not more than $10,000 for each violation.

(c) Penalty for violation after having been subjected to civil

penalty for prior violation

Any person who knowingly and willfully violates section 6394 of

this title with respect to the sale, offer of sale, or distribution

in commerce of a product or commodity after having been subjected

to a civil penalty for a prior violation of section 6394 of this

title with respect to the sale, offer of sale, or distribution in

commerce of such product or commodity shall be fined not more than

$50,000 or imprisoned not more than 6 months, or both.

(d) Injunction action by Attorney General

Whenever it appears to any officer or agency of the United States

in whom is vested, or to whom is delegated, authority under this

chapter that any person has engaged, is engaged, or is about to

engage in acts or practices constituting a violation of section

6394 of this title, such officer or agency may request the Attorney

General to bring an action in an appropriate district court of the

United States to enjoin such acts or practices, and upon a proper

showing a temporary restraining order or a preliminary or permanent

injunction shall be granted without bond. Any such court may also

issue mandatory injunctions commanding any person to comply with

any rule, regulation, or order described in section 6394 of this

title.

(e) Private right of action

(1) Any person suffering legal wrong because of any act or

practice arising out of any violation of any provision of this

chapter described in paragraph (2), may bring an action in an

appropriate district court of the United States without regard to

the amount in controversy, for appropriate relief, including an

action for a declaratory judgment or writ of injunction. Nothing in

this subsection shall authorize any person to recover damages.

(2) The provisions of this chapter referred to in paragraph (1)

are as follows:

(A) Section 6262 (!1) of this title (relating to energy

conservation plans).

(B) Section 6271 of this title (relating to international oil

allocation).

(C) Section 6272 of this title (relating to international

voluntary agreements).

(D) Section 6273 of this title (relating to advisory

committees).

(E) Section 6274 of this title (relating to international

exchange of information).

(F) Section 6391 of this title (relating to prohibition on

certain actions).

-SOURCE-

(Pub. L. 94-163, title V, Sec. 525, Dec. 22, 1975, 89 Stat. 963.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (d) and (e), 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 6262 of this title, referred to in subsec. (e)(2)(A), was

repealed by Pub. L. 106-469, title I, Sec. 104(1), Nov. 9, 2000,

114 Stat. 2033.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6396 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - General Provisions

-HEAD-

Sec. 6396. State laws or programs

-STATUTE-

No State law or State program in effect on December 22, 1975, or

which may become effective thereafter, shall be superseded by any

provision of subchapter I or II of this chapter or any rule,

regulation, or order thereunder, except insofar as such State law

or State program is in conflict with such provision, rule,

regulation, or order.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 526, Dec. 22, 1975, 89 Stat. 964.)

-COD-

CODIFICATION

Words "(other than any provision of such title which amends

another law)", appearing in the original in this section, have been

omitted as unnecessary. Such title meant title I or title II of

Pub. L. 94-163, which titles are classified to subchapters I and II

of this chapter. The provisions of such titles that amended other

laws were not classified to subchapters I and II of this chapter.

-End-

-CITE-

42 USC Sec. 6397 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - General Provisions

-HEAD-

Sec. 6397. Repealed. Pub. L. 95-619, title VI, Sec. 691(b)(1), Nov.

9, 1978, 92 Stat. 3288

-MISC1-

Section, Pub. L. 94-163, title V, Sec. 527, Dec. 22, 1975, 89

Stat. 964, related to transfer of authority on termination of

Federal Energy Administration.

-End-

-CITE-

42 USC Sec. 6398 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - General Provisions

-HEAD-

Sec. 6398. Authorization of appropriations

-STATUTE-

Any authorization of appropriations in this Act, or in any

amendment to any other law made by this Act, for the fiscal year

1976 shall be deemed to include an additional authorization of

appropriations for the period beginning July 1, 1976, and ending

September 30, 1976, in amounts which equal one-fourth of any amount

authorized for fiscal year 1976, unless appropriations for the same

purpose are specifically authorized in a law hereinafter enacted.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 528, Dec. 22, 1975, 89 Stat. 964.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 94-163, Dec. 22,

1975, 89 Stat. 871, as amended, known as the Energy Policy and

Conservation Act, which is classified principally to this chapter

(Sec. 6201 et seq.). For complete classification of this Act to the

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

and Tables.

-End-

-CITE-

42 USC Sec. 6399 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - General Provisions

-HEAD-

Sec. 6399. Intrastate natural gas

-STATUTE-

No provision of this chapter shall permit the imposition of any

price controls on, or require any allocation of, natural gas not

subject to the jurisdiction of the Secretary or the Federal Energy

Regulatory Commission.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 529, Dec. 22, 1975, 89 Stat. 964;

Pub. L. 95-91, title III, Sec. 301(a), title IV, Sec. 402, title

VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat. 577, 583, 606, 607.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, 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.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary or the Federal Energy Regulatory Commission"

substituted for "Federal Power Commission" pursuant to sections

301(a), 402, 703, and 707 of Pub. L. 95-91, which are classified to

sections 7151(a), 7172, 7293, and 7297 of this title and which

terminated Federal Power Commission and transferred its functions

to Federal Energy Regulatory Commission and Secretary of Energy.

-End-

-CITE-

42 USC Sec. 6400 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - General Provisions

-HEAD-

Sec. 6400. Limitation on loan guarantees

-STATUTE-

Loan guarantees and obligation guarantees under this Act or any

amendment to another law made by this Act may not be issued in

violation of any limitation in appropriations or other Acts, with

respect to the amounts of outstanding obligational authority.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 530, Dec. 22, 1975, 89 Stat. 964.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 94-163, Dec. 22,

1975, 89 Stat. 871, as amended, known as the Energy Policy and

Conservation Act, which is classified principally to this chapter

(Sec. 6201 et seq.). For complete classification of this Act to the

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

and Tables.

-End-

-CITE-

42 USC Sec. 6401 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - General Provisions

-HEAD-

Sec. 6401. Repealed. Pub. L. 99-58, title I, Sec. 104(c)(3), July

2, 1985, 99 Stat. 105

-MISC1-

Section, Pub. L. 94-163, title V, Sec. 531, Dec. 22, 1975, 89

Stat. 965, provided for the expiration of all authority under

subchapters I and II of this chapter at midnight June 30, 1985. See

sections 6251 and 6285 of this title.

-End-

-CITE-

42 USC Part C - Congressional Review 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part C - Congressional Review

-HEAD-

PART C - CONGRESSIONAL REVIEW

-End-

-CITE-

42 USC Sec. 6421 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part C - Congressional Review

-HEAD-

Sec. 6421. Procedure for Congressional review of Presidential

requests to implement certain authorities

-STATUTE-

(a) "Energy action" defined

For purposes of this section, the term "energy action" means any

matter required to be transmitted, or submitted to the Congress in

accordance with the procedures of this section.

(b) Transmittal of energy action to Congress

The President shall transmit any energy action (bearing an

identification number) to both Houses of Congress on the same day.

If both Houses are not in session on the day any energy action is

received by the appropriate officers of each House, for purposes of

this section such energy action shall be deemed to have been

transmitted on the first succeeding day on which both Houses are in

session.

(c) Effective date of energy action

(1) Except as provided in paragraph (2) of this subsection, if

energy action is transmitted to the Houses of Congress, such action

shall take effect at the end of the first period of 15 calendar

days of continuous session of Congress after the date on which such

action is transmitted to such Houses, unless between the date of

transmittal and the end of such 15-day period, either House passes

a resolution stating in substance that such House does not favor

such action.

(2) An energy action described in paragraph (1) may take effect

prior to the expiration of the 15-calendar-day period after the

date on which such action is transmitted, if each House of Congress

approves a resolution affirmatively stating in substance that such

House does not object to such action.

(d) Computation of period

For the purpose of subsection (c) of this section -

(1) continuity of session is broken only by an adjournment of

Congress sine die; and

(2) the days on which either House is not in session because of

an adjournment of more than 3 days to a day certain are excluded

in the computation of the 15-calendar-day period.

(e) Provision in energy action for later effective date

Under provisions contained in an energy action, a provision of

such an action may take effect on a date later than the date on

which such action otherwise takes effect pursuant to the provisions

of this section.

(f) Resolutions with respect to energy action

(1) This subsection is enacted by Congress -

(A) as an exercise of the rulemaking power of the Senate and

the House of Representatives, respectively, and as such it is

deemed a part of the rules of each House, respectively, but

applicable only with respect to the procedure to be followed in

that House in the case of resolutions described by paragraph (2)

of this subsection; and it supersedes other rules only to the

extent that it is inconsistent therewith; and

(B) with full recognition of the constitutional right of either

House to change the rules (so far as relating to the procedure of

that House) at any time, in the same manner and to the same

extent as in the case of any other rule of the House.

(2) For purposes of this subsection, the term "resolution" means

only a resolution of either House of Congress described in

subparagraph (A) or (B) of this paragraph.

(A) A resolution the matter after the resolving clause of which

is as follows: "That the ___ does not object to the energy action

numbered ___ submitted to the Congress on ______, 19__.", the

first blank space therein being filled with the name of the

resolving House and the other blank spaces being appropriately

filled; but does not include a resolution which specifies more

than one energy action.

(B) A resolution the matter after the resolving clause of which

is as follows: "That the ___ does not favor the energy action

numbered ___ transmitted to Congress on ______, 19__.", the first

blank space therein being filled with the name of the resolving

House and the other blank spaces therein being appropriately

filled; but does not include a resolution which specifies more

than one energy action.

(3) A resolution once introduced with respect to an energy action

shall immediately be referred to a committee (and all resolutions

with respect to the same plan shall be referred to the same

committee) by the President of the Senate or the Speaker of the

House of Representatives, as the case may be.

(4)(A) If the committee to which a resolution with respect to an

energy action has been referred has not reported it at the end of 5

calendar days 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 resolution with respect to such energy

action which has been referred to the committee.

(B) A motion to discharge may be made only by an individual

favoring the resolution, shall be highly privileged (except that it

may not be made after the committee has reported a resolution with

respect to the same energy action), and debate thereon shall be

limited to not more than one hour, to be divided equally between

those favoring and those opposing the 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 resolution with respect

to the same energy action.

(5)(A) When the committee has reported, or has been discharged

from further consideration of, a resolution, it shall be at any

time thereafter in order (even though a previous motion to the same

effect has been disagreed to) to move to proceed to the

consideration of the 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 the vote by which the motion was agreed to or disagreed

to.

(B) Debate on the resolution referred to in subparagraph (A) of

this paragraph shall be limited to not more than 10 hours, which

shall be divided equally between those favoring and those opposing

such resolution. A motion further to limit debate shall not be

debatable. An amendment to, or motion to recommit, the resolution

shall not be in order, and it shall not be in order to move to

reconsider the vote by which such resolution was agreed to or

disagreed to; except that it shall be in order -

(i) to offer an amendment in the nature of a substitute,

consisting of the text of a resolution described in paragraph

(2)(A) of this subsection with respect to an energy action, for a

resolution described in paragraph (2)(B) of this subsection with

respect to the same such action, or

(ii) to offer an amendment in the nature of a substitute,

consisting of the text of a resolution described in paragraph

(2)(B) of this subsection with respect to an energy action, for a

resolution described in paragraph (2)(A) of this subsection with

respect to the same such action.

The amendments described in clauses (i) and (ii) of this

subparagraph shall not be amendable.

(6)(A) Motions to postpone, made with respect to the discharge

from committee, or the consideration of a resolution and motions to

proceed to the consideration of other business, shall be decided

without debate.

(B) Appeals from the decision of the Chair relating to the

application of the rules of the Senate or the House of

Representatives, as the case may be, to the procedure relating to a

resolution shall be decided without debate.

(7) Notwithstanding any of the provisions of this subsection, if

a House has approved a resolution with respect to an energy action,

then it shall not be in order to consider in that House any other

resolution with respect to the same such action.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 551, Dec. 22, 1975, 89 Stat. 965.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6239, 7172, 8374, 10222

of this title; title 49 section 32902.

-End-

-CITE-

42 USC Sec. 6422 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 77 - ENERGY CONSERVATION

SUBCHAPTER IV - GENERAL PROVISIONS

Part C - Congressional Review

-HEAD-

Sec. 6422. Expedited procedure for Congressional consideration of

certain authorities

-STATUTE-

(a) Contingency plan identification number; transmittal of plan to

Congress

Any contingency plan transmitted to the Congress pursuant to

section 6261(a)(1) (!1) of this title shall bear an identification

number and shall be transmitted to both Houses of Congress on the

same day and to each House while it is in session.

(b) Necessity of Congressional resolution within certain period for

plan to be considered approved

(1) No such energy conservation contingency plan may be

considered approved for purposes of section 6261(b) (!1) of this

title unless between the date of transmittal and the end of the

first period of 60 calendar days of continuous session of Congress

after the date on which such action is transmitted to such House,

each House of Congress passes a resolution described in subsection

(d)(2)(A) of this section.

(2)(A) Subject to subparagraph (B), any such rationing

contingency plan shall be considered approved for purposes of

section 6261(d) (!1) of this title only if such plan is not

disapproved by a resolution described in subsection (d)(2)(B)(i) of

this section which passes each House of the Congress during the

30-calendar-day period of continuous session after the plan is

transmitted to such Houses and which thereafter becomes law.

(B) A rationing contingency plan may be considered approved prior

to the expiration of the 30-calendar-day period after such plan is

transmitted if a resolution described in subsection (d)(2)(B)(ii)

of this section is passed by each House of the Congress and

thereafter becomes law.

(c) Computation of period

For the purpose of subsection (b) of this section -

(1) continuity of session is broken only by an adjournment of

Congress sine die; and

(2) the days on which either House is not in session because of

an adjournment of more than 3 days to a day certain are excluded

in the computation of the calendar-day period involved.

(d) Resolution with respect to contingency plan

(1) This subsection is enacted by Congress -

(A) as an exercise of the rulemaking power of the Senate and

the House of Representatives, respectively, and as such it is

deemed a part of the rules of each House, respectively, but

applicable only with respect to the procedure to be followed in

that House in the case of resolutions described by paragraph (2)

of this subsection; and it supersedes other rules only to the

extent that it is inconsistent therewith; and

(B) with full recognition of the constitutional right of either

House to change the rules (so far as relating to the procedure of

that House) at any time, in the same manner and to the same

extent as in the case of any other rule of the House.

(2)(A) For purposes of applying this section with respect to any

energy conservation contingency plan, the term "resolution" means

only a resolution of either House of Congress the matter after the

resolving clauses of which is as follows: "That the ___ approves

the energy conservation contingency plan numbered ___ submitted to

the Congress on ______, 19__.", the first blank space therein being

filled with the name of the resolving House and the other blank

spaces being appropriately filled; but does not include a

resolution which specifies more than one energy conservation

contingency plan.

(B) For purposes of applying this subsection with respect to any

rationing contingency plan (other than pursuant to section

6261(d)(2)(B) (!1) of this title), the term "resolution" means only

a joint resolution described in clause (i) or (ii) of this

subparagraph with respect to such plan.

(i) A joint resolution of either House of the Congress (I)

which is entitled: "Joint resolution relating to a rationing

contingency plan.", (II) which does not contain a preamble, and

(III) the matter after the resolving clause of which is: "That

the Congress of the United States disapproves the rationing

contingency plan transmitted to the Congress on ______, 19__.",

the blank spaces therein appropriately filled.

(ii) A joint resolution of either House of the Congress (I)

which is entitled: "Joint resolution relating to a rationing

contingency plan.", (II) which does not contain a preamble, and

(III) the matter after the resolving clause of which is: "That

the Congress of the United States does not object to the

rationing contingency plan transmitted to the Congress on ______,

19__.", the blank spaces therein appropriately filled.

(3) A resolution once introduced with respect to a contingency

plan shall immediately be referred to a committee (and all

resolutions with respect to the same contingency plan shall be

referred to the same committee) by the President of the Senate or

the Speaker of the House of Representatives, as the case may be.

(4)(A) If the committee to which a resolution with respect to a

contingency plan has been referred has not reported it at the end

of 20 calendar days after its referral in the case of any energy

conservation contingency plan or at the end of 10 calendar days

after its referral in the case of any rationing contingency plan,

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 resolution with

respect to such contingency plan which has been referred to the

committee.

(B) A motion to discharge may be made only by an individual

favoring the resolution, shall be highly privileged (except that it

may not be made after the committee has reported a resolution with

respect to the same contingency plan), and debate thereon shall be

limited to not more than 1 hour, to be divided equally between

those favoring and those opposing the resolution. Except to the

extent provided in paragraph (7)(A), 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 resolution with respect

to the same contingency plan.

(5)(A) When the committee has reported, or has been discharged

from further consideration of, a resolution, it shall be at any

time thereafter in order (even though a previous motion to the same

effect has been disagreed to) to move to proceed to the

consideration of the 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 the vote by which the motion was agreed to or disagreed

to.

(B) Debate on the resolution referred to in subparagraph (A) of

this paragraph shall be limited to not more than 10 hours, which

shall be divided equally between those favoring and those opposing

such resolution. A motion further to limit debate shall not be

debatable. Except to the extent provided in paragraph (7)(B), an

amendment to, or motion to recommit the resolution shall not be in

order, and it shall not be in order to move to reconsider the vote

by which such resolution was agreed to or disagreed to.

(6)(A) Motions to postpone, made with respect to the discharge

from committee, or the consideration of a resolution and motions to

proceed to the consideration of other business, shall be decided

without debate.

(B) Appeals from the decision of the Chair relating to the

application of the rules of the Senate or the House of

Representatives, as the case may be, to the procedures relating to

a resolution shall be decided without debate.

(7) With respect to any rationing contingency plan -

(A) In the consideration of any motion to discharge any

committee from further consideration of any resolution on any

such plan, it shall be in order after debate allowed for under

paragraph (4)(B) to offer an amendment in the nature of a

substitute for such motion -

(i) consisting of a motion to discharge such committee from

further consideration of a resolution described in paragraph

(2)(B)(i) with respect to any rationing contingency plan, if

the discharge motion sought to be amended relates to a

resolution described in paragraph (2)(B)(ii) with respect to

the same such plan, or

(ii) consisting of a motion to discharge such committee from

further consideration of a resolution described in paragraph

(2)(B)(ii) with respect to any rationing contingency plan, if

the discharge motion sought to be amended relates to a

resolution described in paragraph (2)(B)(i) with respect to the

same such plan.

An amendment described in this subparagraph shall not be

amendable. Debate on such an amendment shall be limited to not

more than 1 hour, which shall be divided equally between those

favoring and those opposing the amendment.

(B) In the consideration of any resolution on any such plan

which has been reported by a committee, it shall be in order at

any time during the debate allowed for under paragraph (5)(B) to

offer an amendment in the nature of a substitute for such

resolution -

(i) consisting of the text of a resolution described in

paragraph (2)(B)(i) with respect to any rationing contingency

plan, if the resolution sought to be amended is a resolution

described in paragraph (2)(B)(ii) with respect to the same such

plan, or

(ii) consisting of the text of a resolution described in

paragraph (2)(B)(ii) with respect to any rationing contingency

plan, if the resolution sought to be amended is a resolution

described in paragraph (2)(B)(i) with respect to the same such

plan.

An amendment described in this subparagraph shall not be

amendable.

(C) If one House receives from the other House a resolution

with respect to a rationing contingency plan, then the following

procedure applies:

(i) the resolution of the other House with respect to such

plan shall not be referred to a committee;

(ii) in the case of a resolution of the first House with

respect to such plan -

(I) the procedure with respect to that or other resolutions

of such House with respect to such plan shall be the same as

if no resolution from the other House with respect to such

plan had been received; but

(II) on any vote on final passage of a resolution of the

first House with respect to such plan a resolution from the

other House with respect to such plan which has the same

effect shall be automatically substituted for the resolution

of the first House.

(D) Notwithstanding any of the preceding provisions of this

subsection, if a House has approved a resolution with respect to

a rationing contingency plan, then it shall not be in order to

consider in that House any other resolution under this section

with respect to the approval of such plan.

-SOURCE-

(Pub. L. 94-163, title V, Sec. 552, Dec. 22, 1975, 89 Stat. 967;

Pub. L. 96-102, title I, Secs. 103(b)(2), 105(a)(4), (b)(6), Nov.

5, 1979, 93 Stat. 753, 756; Pub. L. 105-388, Sec. 5(a)(16), Nov.

13, 1998, 112 Stat. 3479.)

-REFTEXT-

REFERENCES IN TEXT

Section 6261 of this title, referred to in subsecs. (a), (b)(1),

(2)(A), and (d)(2)(B), was repealed by Pub. L. 106-469, title I,

Sec. 104(1), Nov. 9, 2000, 114 Stat. 2033.

-MISC1-

AMENDMENTS

1998 - Subsec. (d)(5)(A). Pub. L. 105-388 substituted "motion"

for "notion" after "amendment to the".

1979 - Subsec. (b). Pub. L. 96-102, Secs. 103(b)(2)(A),

105(b)(6), designated existing provisions as par. (1) and

substituted "No such energy conservation contingency plan" for "No

such contingency plan", "section 6261(b)" for "section 6261(a)(2)",

and "subsection (d)(2)(A)" for "subsection (d)(2)", and added par.

(2).

Subsec. (c)(2). Pub. L. 96-102, Sec. 103(b)(2)(B), substituted

"calendar-day period involved" for "60-calendar-day period".

Subsec. (d)(2). Pub. L. 96-102, Secs. 103(b)(2)(C), 105(a)(4),

designated existing provisions as subpar. (A), substituted "For

purposes of applying this section with respect to any energy

conservation contingency plan" for "For purposes of this

subsection" and "energy conservation contingency plan" for

"contingency plan" in two places, and added subpar. (B).

Subsec. (d)(4)(A). Pub. L. 96-102, Sec. 103(b)(2)(D), inserted

"in the case of any energy conservation contingency plan or at the

end of 10 calendar days after its referral in the case of any

rationing contingency plan" after "after its referral".

Subsec. (d)(4)(B). Pub. L. 96-102, Sec. 103(b)(2)(E), substituted

"Except to the extent provided in paragraph (7)(A), an amendment"

for "An amendment".

Subsec. (d)(5)(B). Pub. L. 96-102, Sec. 103(b)(2)(F), substituted

"Except to the extent provided in paragraph (7)(B), an amendment"

for "An amendment".

Subsec. (d)(7). Pub. L. 96-102, Sec. 103(b)(2)(G), added par.

(7).

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-102 effective Nov. 5, 1979, see section

302 of Pub. L. 96-102, set out as an Effective Date note under

section 8501 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 2841.

-FOOTNOTE-

(!1) See References in Text note below.

-End-