-CITE-
    42 USC CHAPTER 77 - ENERGY CONSERVATION                     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION

-HEAD-
                     CHAPTER 77 - ENERGY CONSERVATION                 
-MISC1-
    Sec.                                                     
    6201.       Congressional statement of purpose.                   
    6202.       Definitions.                                          

                SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY            

                         PART A - DOMESTIC SUPPLY                     
    6211.       Repealed.                                             
    6212.       Domestic use of energy supplies and related materials
                 and equipment.                                       
    6213.       Certain lease bidding arrangements prohibited.        
    6214.       Repealed.                                             
    6215.       Major fuel burning stationary source.                 
    6216.       Annual Home Heating Readiness Reports.                
    6217.       Scientific inventory of oil and gas reserves.         

                   PART B - STRATEGIC PETROLEUM RESERVE               
    6231.       Congressional finding and declaration of policy.      
    6232.       Definitions.                                          
    6233.       Repealed.                                             
    6234.       Strategic Petroleum Reserve.                          
    6235 to 6238. Repealed.                                           
    6239.       Development, operation, and maintenance of the
                 Reserve.                                             
    6240.       Petroleum products for storage, transport, or
                 exchange.                                            
    6241.       Drawdown and sale of petroleum products.              
    6242.       Coordination with import quota system.                
    6243.       Records and accounts.                                 
    6244.       Repealed.                                             
    6245.       Annual report.                                        
    6246.       Authorization of appropriations.                      
    6247.       SPR Petroleum Account.                                
    6247a.      Use of underutilized facilities.                      
    6247b.      Purchase of oil from marginal wells.                  

     PART C - AUTHORITY TO CONTRACT FOR PETROLEUM PRODUCT NOT OWNED BY
                               UNITED STATES
    6249.       Contracting for petroleum product and facilities.     
    6249a.      Implementation.                                       
    6249b.      Repealed.                                             
    6249c.      Contracts for which implementing legislation is
                 needed.                                              

                PART D - NORTHEAST HOME HEATING OIL RESERVE            
    6250.       Establishment.                                        
    6250a.      Authority.                                            
    6250b.      Conditions for release; plan.                         
    6250c.      Northeast Home Heating Oil Reserve Account.           
    6250d.      Exemptions.                                           
    6250e.      Repealed.                                             

                            PART E - EXPIRATION                        
    6251.       Repealed.                                             

                SUBCHAPTER II - STANDBY ENERGY AUTHORITIES            

                  PART A - GENERAL EMERGENCY AUTHORITIES              
    6261 to 6264. Repealed.                                           

     PART B - AUTHORITIES WITH RESPECT TO INTERNATIONAL ENERGY PROGRAM 
    6271.       International oil allocations.                        
    6272.       International voluntary agreements.                   
    6273.       Advisory committees.                                  
    6274.       Exchange of information with International Energy
                 Agency.                                              
    6275.       Relationship between standby emergency authorities and
                 international energy program.                        
    6276.       Domestic renewable energy industry and related service
                 industries.                                          

             PART C - SUMMER FILL AND FUEL BUDGETING PROGRAMS         
    6283.       Summer fill and fuel budgeting programs.              

                            PART D - EXPIRATION                        
    6285.       Repealed.                                             

               SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY           

     PART A - ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER
                             THAN AUTOMOBILES
    6291.       Definitions.                                          
    6292.       Coverage.                                             
    6293.       Test procedures.                                      
    6294.       Labeling.                                             
    6294a.      Energy Star program.                                  
    6295.       Energy conservation standards.                        
    6296.       Requirements of manufacturers.                        
    6297.       Effect on other law.                                  
    6298.       Rules.                                                
    6299.       Authority to obtain information.                      
    6300.       Exports.                                              
    6301.       Imports.                                              
    6302.       Prohibited acts.                                      
    6303.       Enforcement.                                          
    6304.       Injunctive enforcement.                               
    6305.       Citizen suits.                                        
    6306.       Administrative procedure and judicial review.         
    6307.       Consumer education.                                   
    6308.       Annual report.                                        
    6309.       Authorization of appropriations.                      

                  PART A-1 - CERTAIN INDUSTRIAL EQUIPMENT              
    6311.       Definitions.                                          
    6312.       Purposes and coverage.                                
    6313.       Standards.                                            
    6314.       Test procedures.                                      
    6315.       Labeling.                                             
    6316.       Administration, penalties, enforcement, and
                 preemption.                                          
    6317.       Energy conservation standards for high-intensity
                 discharge lamps, distribution transformers, and small
                 electric motors.                                     

                 PART B - STATE ENERGY CONSERVATION PLANS             
    6321.       Congressional findings and declaration of purpose.    
    6322.       State energy conservation plans.                      
    6323.       Federal assistance to States.                         
    6323a.      Matching State contributions.                         
    6324.       State energy efficiency goals.                        
    6325.       General provisions.                                   
    6326.       Definitions.                                          
    6327.       Repealed.                                             

                  PART C - INDUSTRIAL ENERGY CONSERVATION              
    6341 to 6347. Repealed or Omitted.                                
    6348.       Energy efficiency in industrial facilities.           
    6349.       Process-oriented industrial energy efficiency.        
    6350.       Industrial insulation and audit guidelines.           

            PART D - OTHER FEDERAL ENERGY CONSERVATION MEASURES        
    6361.       Federal energy conservation programs.                 
    6362.       Energy conservation policies and practices.           
    6363.       Federal actions with respect to recycled oil.         

      PART E - ENERGY CONSERVATION PROGRAM FOR SCHOOLS AND HOSPITALS  
    6371.       Definitions.                                          
    6371a.      Guidelines.                                           
    6371b.      Preliminary energy audits and energy audits.          
    6371c.      State plans.                                          
    6371d.      Applications for financial assistance.                
    6371e.      Grants for project costs and technical assistance.    
    6371f.      Authorization of appropriations.                      
    6371g.      Allocation of grants.                                 
    6371h.      Administration; detailed description in annual report.
    6371i.      Records.                                              
    6371j.      Application of sections 3141-3144, 3146, and 3147 of
                 title 40.                                            

     PART F - ENERGY CONSERVATION PROGRAM FOR BUILDINGS OWNED BY UNITS
             OF LOCAL GOVERNMENT AND PUBLIC CARE INSTITUTIONS
    6372.       Definitions.                                          
    6372a.      Guidelines.                                           
    6372b.      Preliminary energy audits and energy audits.          
    6372c.      State plans.                                          
    6372d.      Applications for grants for technical assistance.     
    6372e.      Grants for technical assistance.                      
    6372f.      Authorization of appropriations.                      
    6372g.      Allocation of grants.                                 
    6372h.      Administration; detailed description in annual report.
    6372i.      Records.                                              

                    PART G - OFF-HIGHWAY MOTOR VEHICLES                
    6373.       Off-highway motor vehicles.                           

               PART H - ENCOURAGING USE OF ALTERNATIVE FUELS           
    6374.       Alternative fuel use by light duty Federal vehicles.  
    6374a.      Alternative fuels truck commercial application
                 program.                                             
    6374b.      Alternative fuels bus program.                        
    6374c.      Omitted.                                              
    6374d.      Studies and reports.                                  

                    SUBCHAPTER IV - GENERAL PROVISIONS                

             PART A - ENERGY DATA BASE AND ENERGY INFORMATION         
    6381.       Verification examinations.                            
    6382.       Powers and duties of Comptroller General.             
    6383.       Accounting practices.                                 
    6384.       Enforcement.                                          
    6385.       Petroleum product information.                        

                        PART B - GENERAL PROVISIONS                    
    6391.       Prohibited actions.                                   
    6392.       Repealed.                                             
    6393.       Administrative procedure and judicial review.         
    6394.       Prohibited acts.                                      
    6395.       Enforcement.                                          
    6396.       State laws or programs.                               
    6397.       Repealed.                                             
    6398.       Authorization of appropriations.                      
    6399.       Intrastate natural gas.                               
    6400.       Limitation on loan guarantees.                        
    6401.       Repealed.                                             

                       PART C - CONGRESSIONAL REVIEW                   
    6421.       Procedure for Congressional review of Presidential
                 requests to implement certain authorities.           
    6422.       Expedited procedure for Congressional consideration of
                 certain authorities.                                 

-End-



-CITE-
    42 USC Sec. 6201                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION

-HEAD-
    Sec. 6201. Congressional statement of purpose

-STATUTE-
      The purposes of this chapter are - 
        (1) to grant specific authority to the President to fulfill
      obligations of the United States under the international energy
      program;
        (2) to provide for the creation of a Strategic Petroleum
      Reserve capable of reducing the impact of severe energy supply
      interruptions;
        (3) Repealed. Pub. L. 106-469, title I, Sec. 102(2), Nov. 9,
      2000, 114 Stat. 2029;
        (4) to conserve energy supplies through energy conservation
      programs, and, where necessary, the regulation of certain energy
      uses;
        (5) to provide for improved energy efficiency of motor
      vehicles, major appliances, and certain other consumer products;
        (6) Repealed. Pub. L. 106-469, title I, Sec. 102(2), Nov. 9,
      2000, 114 Stat. 2029;
        (7) to provide a means for verification of energy data to
      assure the reliability of energy data; and
        (8) to conserve water by improving the water efficiency of
      certain plumbing products and appliances.

-SOURCE-
    (Pub. L. 94-163, Sec. 2, Dec. 22, 1975, 89 Stat. 874; Pub. L. 102-
    486, title I, Sec. 123(a), Oct. 24, 1992, 106 Stat. 2817; Pub. L.
    106-469, title I, Sec. 102, Nov. 9, 2000, 114 Stat. 2029.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in introductory clause, was in the
    original "this Act", meaning Pub. L. 94-163, Dec. 22, 1975, 89
    Stat. 871, as amended, known as the Energy Policy and Conservation
    Act. For complete classification of this Act to the Code, see Short
    Title note set out below and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Par. (1). Pub. L. 106-469, Sec. 102(1), struck out
    "standby" after "grant specific" and ", subject to congressional
    review, to impose rationing, to reduce demand for energy through
    the implementation of energy conservation plans, and" after "the
    President".
      Par. (3). Pub. L. 106-469, Sec. 102(2), struck out par. (3) which
    read as follows: "to increase the supply of fossil fuels in the
    United States, through price incentives and production
    requirements;".
      Par. (6). Pub. L. 106-469, Sec. 102(2), struck out par. (6) which
    read as follows: "to reduce the demand for petroleum products and
    natural gas through programs designed to provide greater
    availability and use of this Nation's abundant coal resources;".
      1992 - Par. (8). Pub. L. 102-486 added par. (8).

                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-469, Sec. 1, Nov. 9, 2000, 114 Stat. 2029, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Energy Act of 2000'."
      Pub. L. 106-469, title I, Sec. 101, Nov. 9, 2000, 114 Stat. 2029,
    provided that: "This title [amending this section and sections
    6231, 6232, 6234, 6239 to 6241, 6245 to 6247, 6249, 6249a, 6251,
    6276 and 6285 of this title, repealing sections 6211, 6214, 6233,
    6235 to 6238, 6244, 6249b, 6261 to 6264, 6281 and 6282 of this
    title, and repealing provisions set out as notes under section 2071
    of Title 50, Appendix, War and National Defense] may be cited as
    the 'Energy Policy and Conservation Act Amendments of 2000'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-388, Sec. 1, Nov. 13, 1998, 112 Stat. 3477, provided
    that: "This Act [enacting section 13220 of this title, amending
    sections 2296a, 2296a-2, 2297g-1, 6241, 6291, 6292, 6294, 6295,
    6306, 6316, 6322, 6325, 6371, 6371c, 6371f, 6371i, 6372c, 6372h,
    6374, 6383, 6422, 6802, 6872, 8217, 8231, 8235e, 8259, 8287, 8287c,
    and 13218 of this title and section 3503 of Title 25, Indians,
    enacting provisions set out as notes under section 6241 of this
    title, and amending and repealing provisions set out as notes under
    section 2071 of Title 50, Appendix, War and National Defense] may
    be cited as the 'Energy Conservation Reauthorization Act of 1998'."

                      SHORT TITLE OF 1994 AMENDMENTS                  
      Pub. L. 103-406, Sec. 1, Oct. 22, 1994, 108 Stat. 4209, provided:
    "That this Act [amending sections 6251 and 6285 of this title and
    enacting provisions set out as a note below] may be cited as the
    'Energy Policy and Conservation Act Amendments Act of 1994'."
      Pub. L. 103-406, title I, Sec. 101, Oct. 22, 1994, 108 Stat.
    4209, provided that: "This title [amending sections 6251 and 6285
    of this title] may be cited as the 'Energy Policy and Conservation
    Act Amendments of 1994'."

                      SHORT TITLE OF 1990 AMENDMENTS                  
      Pub. L. 101-440, Sec. 1, Oct. 18, 1990, 104 Stat. 1006, provided
    that: "This Act [amending sections 6322, 6323, 6324 to 6326, 6371,
    6371e, 6371f, 6861 to 6865, 6871, and 6872 of this title and
    repealing section 6327 of this title] may be cited as the 'State
    Energy Efficiency Programs Improvement Act of 1990'."
      Pub. L. 101-383, Sec. 1, Sept. 15, 1990, 104 Stat. 727, provided
    that: "This Act [enacting sections 6249 to 6249c of this title,
    amending sections 6202, 6232, 6239 to 6241, 6247, 6251, and 6285 of
    this title, and amending provisions set out as a note under section
    2071 of Title 50, Appendix, War and National Defense] may be
    referred to as the 'Energy Policy and Conservation Act Amendments
    of 1990'."
      Pub. L. 101-360, Sec. 1, Aug. 10, 1990, 104 Stat. 421, provided:
    "That this Act [amending sections 6251 and 6285 of this title and
    provisions set out as a note under section 2071 of Title 50,
    Appendix, War and National Defense] may be referred to as the
    'Energy Policy and Conservation Act Short-Term Extension Amendment
    of 1990'."
      Pub. L. 101-262, Sec. 1, Mar. 31, 1990, 104 Stat. 124, provided:
    "That this Act [amending sections 6251 and 6285 of this title and
    provisions set out as a note under section 2071 of Title 50,
    Appendix, War and National Defense] may be referred to as the
    'Energy Policy and Conservation Act Extension Amendment of 1990'."

                      SHORT TITLE OF 1988 AMENDMENTS                  
      Pub. L. 100-494, Sec. 1, Oct. 14, 1988, 102 Stat. 2441, provided
    that: "This Act [enacting sections 6374 to 6374d of this title and
    section 2013 of Title 15, Commerce and Trade, amending sections
    2001, 2002, and 2006 of Title 15, and enacting provisions set out
    as notes under section 6374 of this title and sections 2006, 2013,
    and 2512 of Title 15] may be cited as the 'Alternative Motor Fuels
    Act of 1988'."
      Pub. L. 100-357, Sec. 1, June 28, 1988, 102 Stat. 671, provided
    that: "This Act [amending sections 6291 to 6295 and 6297 of this
    title] may be referred to as the 'National Appliance Energy
    Conservation Amendments of 1988'."

                       SHORT TITLE OF 1987 AMENDMENT                   
      Pub. L. 100-12, Sec. 1, Mar. 17, 1987, 101 Stat. 103, provided
    that: "This Act [amending sections 6291 to 6297, 6299, 6302, 6303,
    6305, 6306, 6308, and 6309 of this title] may be referred to as the
    'National Appliance Energy Conservation Act of 1987'."

                       SHORT TITLE OF 1985 AMENDMENT                   
      Pub. L. 99-58, Sec. 1, July 2, 1985, 99 Stat. 102, provided that:
    "This Act [enacting sections 6251, 6264, 6285, and 7277 of this
    title, amending sections 6239, 6240, 6241, 6247, and 6272 of this
    title, repealing section 6401 of this title, enacting provisions
    set out as notes under section 7277 of this title, and amending
    provisions set out as a note under section 2071 of Title 50,
    Appendix, War and National Defense] may be cited as the 'Energy and
    Conservation Amendments Act of 1985'."

                       SHORT TITLE OF 1984 AMENDMENT                   
      Pub. L. 98-370, Sec. 1, July 18, 1984, 98 Stat. 1211, provided:
    "That this Act [enacting section 6276 of this title and a provision
    set out as a note under section 627] may be cited as the 'Renewable
    Energy Industry Development Act of 1983'."

                       SHORT TITLE OF 1982 AMENDMENT                   
      Pub. L. 97-229, Sec. 1, Aug. 3, 1982, 96 Stat. 248, provided
    that: "This Act [enacting sections 6281, 6282, and 6385 of this
    title, amending sections 6239, 6240, 6247, 6271, and 6272 of this
    title, and enacting provisions set out as notes under sections
    6234, 6240, and 6245 of this title] may be cited as the 'Energy
    Emergency Preparedness Act of 1982'."

                       SHORT TITLE OF 1981 AMENDMENT                   
      Pub. L. 97-35, title X, Sec. 1031, Aug. 13, 1981, 95 Stat. 618,
    provided that: "This subtitle [subtitle C (Secs. 1031-1038) of
    title X of Pub. L. 97-35, enacting section 6247 of this title,
    amending sections 6240, 6245, and 6246 of this title, and enacting
    provisions set out as notes under sections 6231, 6240, and 6247 of
    this title] may be cited as the 'Strategic Petroleum Reserve
    Amendments Act of 1981'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 94-163 provided in part: "That this Act
    [enacting this chapter and sections 757 to 760h and 2001 to 2012 of
    Title 15, Commerce and Trade, amending sections 753, 754, 755, 792,
    796, and 1901 of Title 15 and section 2071 of the Appendix to Title
    50, War and National Defense, enacting provisions set out as notes
    under this section, sections 753 and 796 of Title 15, and section
    2071 of Title 50 App., and repealing provisions formerly set out as
    a note under section 1904 of Title 12, Banks and Banking] may be
    cited as the 'Energy Policy and Conservation Act'."

                    NATIONAL OIL HEAT RESEARCH ALLIANCE                
      Pub. L. 106-469, title VII, Nov. 9, 2000, 114 Stat. 2043, as
    amended by Pub. L. 109-58, title III, Sec. 302, Aug. 8, 2005, 119
    Stat. 685, provided that:

      "SEC. 701. SHORT TITLE.
      "This title may be cited as the 'National Oilheat Research
    Alliance Act of 2000'.

      "SEC. 702. FINDINGS.
      "Congress finds that - 
        "(1) oilheat is an important commodity relied on by
      approximately 30,000,000 Americans as an efficient and economical
      energy source for commercial and residential space and hot water
      heating;
        "(2) oilheat equipment operates at efficiencies among the
      highest of any space heating energy source, reducing fuel costs
      and making oilheat an economical means of space heating;
        "(3) the production, distribution, and marketing of oilheat and
      oilheat equipment plays a significant role in the economy of the
      United States, accounting for approximately $12,900,000,000 in
      expenditures annually and employing millions of Americans in all
      aspects of the oilheat industry;
        "(4) only very limited Federal resources have been made
      available for oilheat research, development, safety, training,
      and education efforts, to the detriment of both the oilheat
      industry and its 30,000,000 consumers; and
        "(5) the cooperative development, self-financing, and
      implementation of a coordinated national oilheat industry program
      of research and development, training, and consumer education is
      necessary and important for the welfare of the oilheat industry,
      the general economy of the United States, and the millions of
      Americans that rely on oilheat for commercial and residential
      space and hot water heating.

      "SEC. 703. DEFINITIONS.
      "In this title:
        "(1) Alliance. - The term 'Alliance' means a national oilheat
      research alliance established under section 704.
        "(2) Consumer education. - The term 'consumer education' means
      the provision of information to assist consumers and other
      persons in making evaluations and decisions regarding oilheat and
      other nonindustrial commercial or residential space or hot water
      heating fuels.
        "(3) Exchange. - The term 'exchange' means an agreement that - 
          "(A) entitles each party or its customers to receive oilheat
        from the other party; and
          "(B) requires only an insubstantial portion of the volumes
        involved in the exchange to be settled in cash or property
        other than the oilheat.
        "(4) Industry trade association. - The term 'industry trade
      association' means an organization described in paragraph (3) or
      (6) of section 501(c) of the Internal Revenue Code of 1986 [26
      U.S.C. 501(c)(3), (6)] that is exempt from taxation under section
      501(a) of that Code and is organized for the purpose of
      representing the oilheat industry.
        "(5) No. 1 distillate. - The term 'No. 1 distillate' means fuel
      oil classified as No. 1 distillate by the American Society for
      Testing and Materials.
        "(6) No. 2 dyed distillate. - The term 'No. 2 dyed distillate'
      means fuel oil classified as No. 2 distillate by the American
      Society for Testing and Materials that is indelibly dyed in
      accordance with regulations prescribed by the Secretary of the
      Treasury under section 4082(a)(2) of the Internal Revenue Code of
      1986 [26 U.S.C. 4082(a)(2)].
        "(7) Oilheat. - The term 'oilheat' means - 
          "(A) No. 1 distillate; and
          "(B) No. 2 dyed distillate,
      that is used as a fuel for nonindustrial commercial or
      residential space or hot water heating.
        "(8) Oilheat industry. - 
          "(A) In general. - The term 'oilheat industry' means - 
            "(i) persons in the production, transportation, or sale of
          oilheat; and
            "(ii) persons engaged in the manufacture or distribution of
          oilheat utilization equipment.
          "(B) Exclusion. - The term 'oilheat industry' does not
        include ultimate consumers of oilheat.
        "(9) Public member. - The term 'public member' means a member
      of the Alliance described in section 705(c)(1)(F).
        "(10) Qualified industry organization. - The term 'qualified
      industry organization' means the National Association for Oilheat
      Research and Education or a successor organization.
        "(11) Qualified state association. - The term 'qualified State
      association' means the industry trade association or other
      organization that the qualified industry organization or the
      Alliance determines best represents retail marketers in a State.
        "(12) Retail marketer. - The term 'retail marketer' means a
      person engaged primarily in the sale of oilheat to ultimate
      consumers.
        "(13) Secretary. - The term 'Secretary' means the Secretary of
      Energy.
        "(14) Wholesale distributor. - The term 'wholesale distributor'
      means a person that - 
          "(A)(i) produces No. 1 distillate or No. 2 dyed distillate;
          "(ii) imports No. 1 distillate or No. 2 dyed distillate; or
          "(iii) transports No. 1 distillate or No. 2 dyed distillate
        across State boundaries or among local marketing areas; and
          "(B) sells the distillate to another person that does not
        produce, import, or transport No. 1 distillate or No. 2 dyed
        distillate across State boundaries or among local marketing
        areas.
        "(15) State. - The term 'State' means the several States,
      except the State of Alaska.

      "SEC. 704. REFERENDA.
      "(a) Creation of Program. - 
        "(1) In general. - The oilheat industry, through the qualified
      industry organization, may conduct, at its own expense, a
      referendum among retail marketers and wholesale distributors for
      the establishment of a national oilheat research alliance.
        "(2) Reimbursement of cost. - The Alliance, if established,
      shall reimburse the qualified industry organization for the cost
      of accounting and documentation for the referendum.
        "(3) Conduct. - A referendum under paragraph (1) shall be
      conducted by an independent auditing firm.
        "(4) Voting rights. - 
          "(A) Retail marketers. - Voting rights of retail marketers in
        a referendum under paragraph (1) shall be based on the volume
        of oilheat sold in a State by each retail marketer in the
        calendar year previous to the year in which the referendum is
        conducted or in another representative period.
          "(B) Wholesale distributors. - Voting rights of wholesale
        distributors in a referendum under paragraph (1) shall be based
        on the volume of No. 1 distillate and No. 2 dyed distillate
        sold in a State by each wholesale distributor in the calendar
        year previous to the year in which the referendum is conducted
        or in another representative period, weighted by the ratio of
        the total volume of No. 1 distillate and No. 2 dyed distillate
        sold for nonindustrial commercial and residential space and hot
        water heating in the State to the total volume of No. 1
        distillate and No. 2 dyed distillate sold in that State.
        "(5) Establishment by approval of two-thirds. - 
          "(A) In general. - Subject to subparagraph (B), on approval
        of persons representing two-thirds of the total volume of
        oilheat voted in the retail marketer class and two-thirds of
        the total weighted volume of No. 1 distillate and No. 2 dyed
        distillate voted in the wholesale distributor class, the
        Alliance shall be established and shall be authorized to levy
        assessments under section 707.
          "(B) Requirement of majority of retail marketers. - Except as
        provided in subsection (b), the oilheat industry in a State
        shall not participate in the Alliance if less than 50 percent
        of the retail marketer vote in the State approves establishment
        of the Alliance.
        "(6) Certification of volumes. - Each person voting in the
      referendum shall certify to the independent auditing firm the
      volume of oilheat, No. 1 distillate, or No. 2 dyed distillate
      represented by the vote of the person.
        "(7) Notification. - Not later than 90 days after the date of
      the enactment of this title [Nov. 9, 2000], a qualified State
      association may notify the qualified industry organization in
      writing that a referendum under paragraph (1) will not be
      conducted in the State.
      "(b) Subsequent State Participation. - The oilheat industry in a
    State that has not participated initially in the Alliance may
    subsequently elect to participate by conducting a referendum under
    subsection (a).
      "(c) Termination or Suspension. - 
        "(1) In general. - On the initiative of the Alliance or on
      petition to the Alliance by retail marketers and wholesale
      distributors representing 25 percent of the volume of oilheat or
      weighted No. 1 distillate and No. 2 dyed distillate in each
      class, the Alliance shall, at its own expense, hold a referendum,
      to be conducted by an independent auditing firm selected by the
      Alliance, to determine whether the oilheat industry favors
      termination or suspension of the Alliance.
        "(2) Volume percentages required to terminate or suspend. -
      Termination or suspension shall not take effect unless
      termination or suspension is approved by persons representing
      more than one-half of the total volume of oilheat voted in the
      retail marketer class or more than one-half of the total volume
      of weighted No. 1 distillate and No. 2 dyed distillate voted in
      the wholesale distributor class.
        "(3) Termination by a state. - A State may elect to terminate
      participation by notifying the Alliance that 50 percent of the
      oilheat volume in the State has voted in a referendum to
      withdraw.
      "(d) Calculation of Oilheat Sales. - For the purposes of this
    section and section 705, the volume of oilheat sold annually in a
    State shall be determined on the basis of information provided by
    the Energy Information Administration with respect to a calendar
    year or other representative period.

      "SEC. 705. MEMBERSHIP.
      "(a) Selection. - 
        "(1) In general. - Except as provided in subsection (c)(1)(C),
      the qualified industry organization shall select members of the
      Alliance representing the oilheat industry in a State from a list
      of nominees submitted by the qualified State association in the
      State.
        "(2) Vacancies. - A vacancy in the Alliance shall be filled in
      the same manner as the original selection.
      "(b) Representation. - In selecting members of the Alliance, the
    qualified industry organization shall make best efforts to select
    members that are representative of the oilheat industry, including
    representation of - 
        "(1) interstate and intrastate operators among retail
      marketers;
        "(2) wholesale distributors of No. 1 distillate and No. 2 dyed
      distillate;
        "(3) large and small companies among wholesale distributors and
      retail marketers; and
        "(4) diverse geographic regions of the country.
      "(c) Number of Members. - 
        "(1) In general. - The membership of the Alliance shall be as
      follows:
          "(A) One member representing each State with oilheat sales in
        excess of 32,000,000 gallons per year.
          "(B) If fewer than 24 States are represented under
        subparagraph (A), one member representing each of the States
        with the highest volume of annual oilheat sales, as necessary
        to cause the total number of States represented under
        subparagraph (A) and this subparagraph to equal 24.
          "(C) Five representatives of retail marketers, one each to be
        selected by the qualified State associations of the five States
        with the highest volume of annual oilheat sales.
          "(D) Five additional representatives of retail marketers.
          "(E) Twenty-one representatives of wholesale distributors.
          "(F) Six public members, who shall be representatives of
        significant users of oilheat, the oilheat research community,
        State energy officials, or other groups knowledgeable about
        oilheat.
        "(2) Full-time owners or employees. - Other than the public
      members, Alliance members shall be full-time owners or employees
      of members of the oilheat industry, except that members described
      in subparagraphs (C), (D), and (E) of paragraph (1) may be
      employees of the qualified industry organization or an industry
      trade association.
      "(d) Compensation. - Alliance members shall receive no
    compensation for their service, nor shall Alliance members be
    reimbursed for expenses relating to their service, except that
    public members, on request, may be reimbursed for reasonable
    expenses directly related to participation in meetings of the
    Alliance.
      "(e) Terms. - 
        "(1) In general. - Subject to paragraph (4), a member of the
      Alliance shall serve a term of 3 years, except that a member
      filling an unexpired term may serve a total of 7 consecutive
      years.
        "(2) Term limit. - A member may serve not more than two full
      consecutive terms.
        "(3) Former members. - A former member of the Alliance may be
      returned to the Alliance if the member has not been a member for
      a period of 2 years.
        "(4) Initial appointments. - Initial appointments to the
      Alliance shall be for terms of 1, 2, and 3 years, as determined
      by the qualified industry organization, staggered to provide for
      the subsequent selection of one-third of the members each year.

      "SEC. 706. FUNCTIONS.
      "(a) In General. - 
        "(1) Programs, projects; contracts and other agreements. - The
      Alliance - 
          "(A) shall develop programs and projects and enter into
        contracts or other agreements with other persons and entities
        for implementing this title, including programs - 
            "(i) to enhance consumer and employee safety and training;
            "(ii) to provide for research, development, and
          demonstration of clean and efficient oilheat utilization
          equipment; and
            "(iii) for consumer education; and
          "(B) may provide for the payment of the costs of carrying out
        subparagraph (A) with assessments collected under section 707.
        "(2) Coordination. - The Alliance shall coordinate its
      activities with industry trade associations and other persons as
      appropriate to provide efficient delivery of services and to
      avoid unnecessary duplication of activities.
        "(3) Activities. - 
          "(A) Exclusions. - Activities under clause (i) or (ii) of
        paragraph (1)(A) shall not include advertising, promotions, or
        consumer surveys in support of advertising or promotions.
          "(B) Research, development, and demonstration activities. - 
            "(i) In general. - Research, development, and demonstration
          activities under paragraph (1)(A)(ii) shall include - 
         "(I) all activities incidental to research, development, and
          demonstration of clean and efficient oilheat utilization
          equipment; and
         "(II) the obtaining of patents, including payment of
          attorney's fees for making and perfecting a patent
          application.
            "(ii) Excluded activities. - Research, development, and
          demonstration activities under paragraph (1)(A)(ii) shall not
          include research, development, and demonstration of oilheat
          utilization equipment with respect to which technically
          feasible and commercially feasible operations have been
          verified, except that funds may be provided for improvements
          to existing equipment until the technical feasibility and
          commercial feasibility of the operation of those improvements
          have been verified.
      "(b) Priorities. - In the development of programs and projects,
    the Alliance shall give priority to issues relating to - 
        "(1) research, development, and demonstration;
        "(2) safety;
        "(3) consumer education; and
        "(4) training.
      "(c) Administration. - 
        "(1) Officers; committees; bylaws. - The Alliance - 
          "(A) shall select from among its members a chairperson and
        other officers as necessary;
          "(B) may establish and authorize committees and subcommittees
        of the Alliance to take specific actions that the Alliance is
        authorized to take; and
          "(C) shall adopt bylaws for the conduct of business and the
        implementation of this title.
        "(2) Solicitation of oilheat industry comment and
      recommendations. - The Alliance shall establish procedures for
      the solicitation of oilheat industry comment and recommendations
      on any significant contracts and other agreements, programs, and
      projects to be funded by the Alliance.
        "(3) Advisory committees. - The Alliance may establish advisory
      committees consisting of persons other than Alliance members.
        "(4) Voting. - Each member of the Alliance shall have one vote
      in matters before the Alliance.
      "(d) Administrative Expenses. - 
        "(1) In general. - The administrative expenses of operating the
      Alliance (not including costs incurred in the collection of
      assessments under section 707) plus amounts paid under paragraph
      (2) shall not exceed 7 percent of the amount of assessments
      collected in any calendar year, except that during the first year
      of operation of the Alliance such expenses and amounts shall not
      exceed 10 percent of the amount of assessments.
        "(2) Reimbursement of the secretary. - 
          "(A) In general. - The Alliance shall annually reimburse the
        Secretary for costs incurred by the Federal Government relating
        to the Alliance.
          "(B) Limitation. - Reimbursement under subparagraph (A) for
        any calendar year shall not exceed the amount that the
        Secretary determines is twice the average annual salary of one
        employee of the Department of Energy.
      "(e) Budget. - 
        "(1) Publication of proposed budget. - Before August 1 of each
      year, the Alliance shall publish for public review and comment a
      proposed budget for the next calendar year, including the
      probable costs of all programs, projects, and contracts and other
      agreements.
        "(2) Submission to the secretary and congress. - After review
      and comment under paragraph (1), the Alliance shall submit the
      proposed budget to the Secretary and Congress.
        "(3) Recommendations by the secretary. - The Secretary may
      recommend for inclusion in the budget programs and activities
      that the Secretary considers appropriate.
        "(4) Implementation. - The Alliance shall not implement a
      proposed budget until the expiration of 60 days after submitting
      the proposed budget to the Secretary.
      "(f) Records; Audits. - 
        "(1) Records. - The Alliance shall - 
          "(A) keep records that clearly reflect all of the acts and
        transactions of the Alliance; and
          "(B) make the records available to the public.
        "(2) Audits. - 
          "(A) In general. - The records of the Alliance (including fee
        assessment reports and applications for refunds under section
        707(b)(4)) shall be audited by a certified public accountant at
        least once each year and at such other times as the Alliance
        may designate.
          "(B) Availability of audit reports. - Copies of each audit
        report shall be provided to the Secretary, the members of the
        Alliance, and the qualified industry organization, and, on
        request, to other members of the oilheat industry.
          "(C) Policies and procedures. - 
            "(i) In general. - The Alliance shall establish policies
          and procedures for auditing compliance with this title.
            "(ii) Conformity with gaap. - The policies and procedures
          established under clause (i) shall conform with generally
          accepted accounting principles.
      "(g) Public Access to Alliance Proceedings. - 
        "(1) Public notice. - The Alliance shall give at least 30 days'
      public notice of each meeting of the Alliance.
        "(2) Meetings open to the public. - Each meeting of the
      Alliance shall be open to the public.
        "(3) Minutes. - The minutes of each meeting of the Alliance
      shall be made available to and readily accessible by the public.
      "(h) Annual Report. - Each year the Alliance shall prepare and
    make publicly available a report that - 
        "(1) includes a description of all programs, projects, and
      contracts and other agreements undertaken by the Alliance during
      the previous year and those planned for the current year; and
        "(2) details the allocation of Alliance resources for each such
      program and project.

      "SEC. 707. ASSESSMENTS.
      "(a) Rate. - The assessment rate shall be equal to two-tenths-
    cent per gallon of No. 1 distillate and No. 2 dyed distillate.
      "(b) Collection Rules. - 
        "(1) Collection at point of sale. - The assessment shall be
      collected at the point of sale of No. 1 distillate and No. 2 dyed
      distillate by a wholesale distributor to a person other than a
      wholesale distributor, including a sale made pursuant to an
      exchange.
        "(2) Responsibility for payment. - A wholesale distributor - 
          "(A) shall be responsible for payment of an assessment to the
        Alliance on a quarterly basis; and
          "(B) shall provide to the Alliance certification of the
        volume of fuel sold.
        "(3) No ownership interest. - A person that has no ownership
      interest in No. 1 distillate or No. 2 dyed distillate shall not
      be responsible for payment of an assessment under this section.
        "(4) Failure to receive payment. - 
          "(A) Refund. - A wholesale distributor that does not receive
        payments from a purchaser for No. 1 distillate or No. 2 dyed
        distillate within 1 year of the date of sale may apply for a
        refund from the Alliance of the assessment paid.
          "(B) Amount. - The amount of a refund shall not exceed the
        amount of the assessment levied on the No. 1 distillate or No.
        2 dyed distillate for which payment was not received.
        "(5) Importation after point of sale. - The owner of No. 1
      distillate or No. 2 dyed distillate imported after the point of
      sale - 
          "(A) shall be responsible for payment of the assessment to
        the Alliance at the point at which the product enters the
        United States; and
          "(B) shall provide to the Alliance certification of the
        volume of fuel imported.
        "(6) Late payment charge. - The Alliance may establish a late
      payment charge and rate of interest to be imposed on any person
      who fails to remit or pay to the Alliance any amount due under
      this title.
        "(7) Alternative collection rules. - The Alliance may
      establish, or approve a request of the oilheat industry in a
      State for, an alternative means of collecting the assessment if
      another means is determined to be more efficient or more
      effective.
      "(c) Sale for Use Other Than as Oilheat. - No. 1 distillate and
    No. 2 dyed distillate sold for uses other than as oilheat are
    excluded from the assessment.
      "(d) Investment of Funds. - Pending disbursement under a program,
    project or contract or other agreement the Alliance may invest
    funds collected through assessments, and any other funds received
    by the Alliance, only - 
        "(1) in obligations of the United States or any agency of the
      United States;
        "(2) in general obligations of any State or any political
      subdivision of a State;
        "(3) in any interest-bearing account or certificate of deposit
      of a bank that is a member of the Federal Reserve System; or
        "(4) in obligations fully guaranteed as to principal and
      interest by the United States.
      "(e) State, Local, and Regional Programs. - 
        "(1) Coordination. - The Alliance shall establish a program
      coordinating the operation of the Alliance with the operator of
      any similar State, local, or regional program created under State
      law (including a regulation), or similar entity.
        "(2) Funds made available to qualified state associations. - 
          "(A) In general. - 
            "(i) Base amount. - The Alliance shall make available to
          the qualified State association of each State an amount equal
          to 15 percent of the amount of assessments collected in the
          State.
            "(ii) Additional amount. - 
         "(I) In general. - A qualified State association may request
          that the Alliance provide to the association any portion of
          the remaining 85 percent of the amount of assessments
          collected in the State.
         "(II) Request requirements. - A request under this clause
          shall - 
              "(aa) specify the amount of funds requested;
              "(bb) describe in detail the specific uses for which the
            requested funds are sought;
              "(cc) include a commitment to comply with this title in
            using the requested funds; and
              "(dd) be made publicly available.
         "(III) Direct benefit. - The Alliance shall not provide any
          funds in response to a request under this clause unless the
          Alliance determines that the funds will be used to directly
          benefit the oilheat industry.
         "(IV) Monitoring; terms, conditions, and reporting
          requirements. - The Alliance shall - 
              "(aa) monitor the use of funds provided under this
            clause; and
              "(bb) impose whatever terms, conditions, and reporting
            requirements that the Alliance considers necessary to
            ensure compliance with this title.

      "SEC. 708. MARKET SURVEY AND CONSUMER PROTECTION.
      "(a) Price Analysis. - Beginning 2 years after establishment of
    the Alliance and annually thereafter, the Secretary of Commerce,
    using only data provided by the Energy Information Administration
    and other public sources, shall prepare and make available to the
    Congress, the Alliance, the Secretary of Energy, and the public, an
    analysis of changes in the price of oilheat relative to other
    energy sources. The oilheat price analysis shall compare indexed
    changes in the price of consumer grade oilheat to a composite of
    indexed changes in the price of residential electricity,
    residential natural gas, and propane on an annual national average
    basis. For purposes of indexing changes in oilheat, residential
    electricity, residential natural gas, and propane prices, the
    Secretary of Commerce shall use a 5-year rolling average price
    beginning with the year 4 years prior to the establishment of the
    Alliance.
      "(b) Authority To Restrict Activities. - If in any year the 5-
    year average price composite index of consumer grade oilheat
    exceeds the 5-year rolling average price composite index of
    residential electricity, residential natural gas, and propane in an
    amount greater than 10.1 percent, the activities of the Alliance
    shall be restricted to research and development, training, and
    safety matters. The Alliance shall inform the Secretary of Energy
    and the Congress of any restriction of activities under this
    subsection. Upon expiration of 180 days after the beginning of any
    such restriction of activities, the Secretary of Commerce shall
    again conduct the oilheat price analysis described in subsection
    (a). Activities of the Alliance shall continue to be restricted
    under this subsection until the price index excess is 10.1 percent
    or less.

      "SEC. 709. COMPLIANCE.
      "(a) In General. - The Alliance may bring a civil action in
    United States district court to compel payment of an assessment
    under section 707.
      "(b) Costs. - A successful action for compliance under this
    section may also require payment by the defendant of the costs
    incurred by the Alliance in bringing the action.

      "SEC. 710. LOBBYING RESTRICTIONS.
      "No funds derived from assessments under section 707 collected by
    the Alliance shall be used to influence legislation or elections,
    except that the Alliance may use such funds to formulate and submit
    to the Secretary recommendations for amendments to this title or
    other laws that would further the purposes of this title.

      "SEC. 711. DISCLOSURE.
      "Any consumer education activity undertaken with funds provided
    by the Alliance shall include a statement that the activities were
    supported, in whole or in part, by the Alliance.

      "SEC. 712. VIOLATIONS.
      "(a) Prohibition. - It shall be unlawful for any person to
    conduct a consumer education activity, undertaken with funds
    derived from assessments collected by the Alliance under section
    707, that includes - 
        "(1) a reference to a private brand name;
        "(2) a false or unwarranted claim on behalf of oilheat or
      related products; or
        "(3) a reference with respect to the attributes or use of any
      competing product.
      "(b) Complaints. - 
        "(1) In general. - A public utility that is aggrieved by a
      violation described in subsection (a) may file a complaint with
      the Alliance.
        "(2) Transmittal to qualified state association. - A complaint
      shall be transmitted concurrently to any qualified State
      association undertaking the consumer education activity with
      respect to which the complaint is made.
        "(3) Cessation of activities. - On receipt of a complaint under
      this subsection, the Alliance, and any qualified State
      association undertaking the consumer education activity with
      respect to which the complaint is made, shall cease that consumer
      education activity until - 
          "(A) the complaint is withdrawn; or
          "(B) a court determines that the conduct of the activity
        complained of does not constitute a violation of subsection
        (a).
      "(c) Resolution by Parties. - 
        "(1) In general. - Not later than 10 days after a complaint is
      filed and transmitted under subsection (b), the complaining
      party, the Alliance, and any qualified State association
      undertaking the consumer education activity with respect to which
      the complaint is made shall meet to attempt to resolve the
      complaint.
        "(2) Withdrawal of complaint. - If the issues in dispute are
      resolved in those discussions, the complaining party shall
      withdraw its complaint.
      "(d) Judicial Review. - 
        "(1) In general. - A public utility filing a complaint under
      this section, the Alliance, a qualified State association
      undertaking the consumer education activity with respect to which
      a complaint under this section is made, or any person aggrieved
      by a violation of subsection (a) may seek appropriate relief in
      United States district court.
        "(2) Relief. - A public utility filing a complaint under this
      section shall be entitled to temporary and injunctive relief
      enjoining the consumer education activity with respect to which a
      complaint under this section is made until - 
          "(A) the complaint is withdrawn; or
          "(B) the court has determined that the consumer education
        activity complained of does not constitute a violation of
        subsection (a).
      "(e) Attorney's Fees. - 
        "(1) Meritorious case. - In a case in Federal court in which
      the court grants a public utility injunctive relief under
      subsection (d), the public utility shall be entitled to recover
      an attorney's fee from the Alliance and any qualified State
      association undertaking the consumer education activity with
      respect to which a complaint under this section is made.
        "(2) Nonmeritorious case. - In any case under subsection (d) in
      which the court determines a complaint under subsection (b) to be
      frivolous and without merit, the prevailing party shall be
      entitled to recover an attorney's fee.
      "(f) Savings Clause. - Nothing in this section shall limit causes
    of action brought under any other law.

      "SEC. 713. SUNSET.
      "This title shall cease to be effective as of the date that is 9
    years after the date on which the Alliance is established."


-EXEC-
               EX. ORD. NO. 11912. DELEGATION OF AUTHORITIES           
      Ex. Ord. No. 11912, April 13, 1976, 41 F.R. 15825, as amended by
    Ex. Ord. No. 12003, July 20, 1977, 42 F.R. 37523; Ex. Ord. No.
    12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20,
    1979, 44 F.R. 4323 Ex. Ord. No. 12375, Aug. 4, 1982, 47 F.R. 34105;
    Ex. Ord. No. 12919, Sec. 904(a)(7), June 3, 1994, 59 F.R. 29533,
    provided:
      By virtue of the authority vested in me by the Constitution and
    the statutes of the United States of America, including the Energy
    Policy and Conservation Act (Public Law 94-163, 89 Stat. 8, 42
    U.S.C. 6201 et seq.), the Motor Vehicle Information and Cost
    Savings Act, as amended (15 U.S.C. 1901 et seq.), the Defense
    Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.),
    and section 301 of Title 3 of the United States Code, and as
    President of the United States of America, it is hereby ordered as
    follows:
      Section 1. (a) The Administrator of General Services is
    designated and empowered to perform without approval, ratification,
    or other action by the President, the functions vested in the
    President by Section 510 of the Motor Vehicle Information and Cost
    Savings Act, as amended (89 Stat. 915, 15 U.S.C. 2010). The
    Administrator shall exercise that authority to ensure that
    passenger automobiles acquired by all Executive agencies in each
    fiscal year achieve a fleet average fuel economy standard that is
    not less than the average fuel economy standard for automobiles
    manufactured for the model year which includes January 1 of each
    fiscal year.
      (b) The Administrator of General Services shall also promulgate
    rules which will ensure that each class of nonpassenger automobiles
    acquired by all Executive agencies in each fiscal year achieves a
    fleet average fuel economy that is not less than the average fuel
    economy standard for uch class, established pursuant to Section
    502(b) of the Motor Vehicle Information and Cost Savings Act, as
    amended (89 Stat. 903, 15 U.S.C. 2002(b)), for the model year which
    includes January 1 of such fiscal year. Such rules shall not apply
    to nonpassenger automobiles intended for use in combat-related
    missions for the Armed Forces or intended for use in law
    enforcement work or emergency rescue work. The Administrator may
    provide for granting exceptions for individual nonpassenger
    automobiles or categories of nonpassenger automobiles as he
    determines to be appropriate in terms of energy conservation,
    economy, efficiency, or service.
      (c) In performing these functions, the Administrator of General
    Services shall consult with the Secretary of Transportation and the
    Secretary of Energy.
      Sec. 2. The Secretary of Commerce is designated and empowered to
    perform without approval, ratification, or other action by the
    President, the functions vested in the President by section 103 of
    the Energy Policy and Conservation Act (89 Stat. 877, 42 U.S.C.
    6212). In performing each of these functions, the Secretary of
    Commerce shall consult with appropriate Executive agencies, as set
    forth in the provisions of section 5(a) of the Export
    Administration Act of 1969, as amended (50 U.S.C. App. 2404(a)).
      Sec. 3. The Administrator of the Office of Federal Procurement
    Policy, in the exercise of his statutory responsibility to provide
    overall direction of procurement policy (41 U.S.C. 405), shall,
    after consultation with the heads of appropriate agencies,
    including those responsible for developing energy conservation and
    efficiency standards, and to the extent he considers appropriate
    and with due regard to the program activities of the Executive
    agencies, provide policy guidance governing the application of
    energy conservation and efficiency standards in the Federal
    procurement process in accord with section 381(a)(1) of the Energy
    Policy and Conservation Act (89 Stat. 939, 42 U.S.C. 6361(a)(1)).
      Sec. 4. (a) The Secretary of Energy, in consultation with the
    heads of appropriate agencies, is hereby authorized and directed to
    develop for the President's consideration, in accord with section
    201 of the Energy Policy and Conservation Act (89 Stat. 890, 42
    U.S.C. 6261), the energy conservation and rationing contingency
    plans prescribed under sections 202 and 203 of the Energy Policy
    and Conservation Act (89 Stat. 892, 42 U.S.C. 6262 and 6263).
      (b) The Secretary of Energy shall prepare, with the assistance of
    the heads of appropriate agencies, for the President's
    consideration, the annual reports provided by section 381(c) of the
    Energy Policy and Conservation Act (89 Stat. 939, 42 U.S.C.
    6361(c)).
      Sec. 5. The Secretary of State is hereby delegated the authority
    vested in the President by Section 252(c)(1)(A)(iii) of the Energy
    Policy and Conservation Act (89 Stat. 895, 42 U.S.C.
    6272(c)(1)(A)(iii)).
      Sec. 6. The Secretary of Energy is designated and empowered to
    perform without approval, ratification, or other action by the
    President, the functions vested in the President by:
      (a) Section 251 of the Energy Policy and Conservation Act (89
    Stat. 894, 42 U.S.C. 6271), except the making of the findings
    provided by subparagraph (b)(1)(B) thereof; however, in performing
    these functions, the Secretary shall consult with the Secretary of
    Commerce with respect to the international allocation of petroleum
    products which are within the territorial jurisdiction of the
    United States; and provided that the Secretary of Commerce shall
    promulgate rules, pursuant to the procedures established by the
    Export Administration Act of 1969, as amended [50 U.S.C. App.
    former 2401 et seq.], to authorize the export of petroleum and
    petroleum products, as may be necessary for implementation of the
    obligations of the United States under the International Energy
    Program, and in accordance with the rules promulgated under Section
    251 of the Energy Policy and Conservation Act by the Secretary
    pursuant to this subsection.
      (b) Section 253(c) of the Energy Policy and Conservation Act (89
    Stat. 898, 42 U.S.C. 6273);
      (c) Section 254(a) of the Energy Policy and Conservation Act (89
    Stat. 899, 42 U.S.C. 6274(a)), including the receipt of petitions
    under section 254(a)(3)(B); provided that, the authority under
    section 254(a) may be exercised only after consultation with the
    Secretary of State;
      (d) Section 254(b) of the Energy Policy and Conservation Act (89
    Stat. 900, 42 U.S.C. 6274(b)); provided that, in determining
    whether the transmittal of data would prejudice competition or
    violate the antitrust laws, the Secretary shall consult with the
    Attorney General, and in determining whether the transmittal of
    data would be inconsistent with national security interests, he
    shall consult with the Secretaries of State and Defense, and the
    heads of such other agencies as he deems appropriate;
      (e) Section 523(a)(2)(A) of the Energy Policy and Conservation
    Act (89 Stat. 962, 42 U.S.C. 6393(a)(2)(A)), but only to the extent
    applicable to other functions delegated or assigned by this Order
    to the Secretary of Energy.
      [Secs. 7 and 8. Revoked by Ex. Ord. No. 12919, Sec. 904(a)(7),
    June 3, 1994, 59 F.R. 29533.]
      Sec. 9. All orders, regulations, circulars or other directives
    issued and all other action taken prior to the date of this order
    that would be valid under the authority delegated by this Order,
    are hereby confirmed and ratified and shall be deemed to have been
    issued under this order.
      Sec. 10. (a)(1) The Secretary of Energy, hereinafter referred to
    as the Secretary, shall develop, with the concurrence of the
    Director of the Office of Management and Budget, and in
    consultation with the Secretary of Defense, the Secretary of
    Housing and Urban Development, the Administrator of Veterans'
    Affairs, the Administrator of General Services, and the heads of
    such other Executive agencies as he deems appropriate, the ten-year
    plan for energy conservation with respect to Government buildings,
    as provided by section 381(a)(2) of the Energy Policy and
    Conservation Act (42 U.S.C. 6361(a)(2)).
      (2) The goals established in subsection (b) shall apply to the
    following categories of Federally-owned buildings: (i) office
    buildings, (ii) hospitals, (iii) schools, (iv) prison facilities,
    (v) multi-family dwellings, (vi) storage facilities, and (vii) such
    other categories of buildings for which the Administrator
    determines the establishment of energy-efficiency performance goals
    is feasible.
      (b) The Secretary shall establish requirements and procedures,
    which shall be observed by each agency unless a waiver is granted
    by the Secretary, designed to ensure that each agency to the
    maximum extent practicable aims to achieve the following goals:
      (1) For the total of all Federally-owned existing buildings the
    goal shall be a reduction of 20 percent in the average annual
    energy use per gross square foot of floor area in 1985 from the
    average energy use per gross square foot of floor area in 1975.
    This goal shall apply to all buildings for which construction was
    or design specifications were completed prior to the date of
    promulgation of the guidelines pursuant to subsection (d) of this
    Section.
      (2) For the total of all Federally-owned new buildings the goal
    shall be a reduction of 45 percent in the average annual energy
    requirement per gross square foot of floor area in 1985 from the
    average annual energy use per gross square foot of floor area in
    1975. This goal shall apply to all new buildings for which design
    specifications are completed after the date of promulgation of the
    guidelines pursuant to subsection (d) of this Section.
      (c) The Secretary with the concurrence of the Director of the
    Office of Management and Budget, in consultation with the heads of
    the Executive agencies specified in subsection (a) and the Director
    of the National Bureau of Standards, shall establish, for purposes
    of developing the ten-year plan, a practical and effective method
    for estimating and comparing life cycle capital and operating costs
    for Federal buildings, including residential, commercial, and
    industrial type categories. Such method shall be consistent with
    the Office of Management and Budget Circular No. A-94, and shall be
    adopted and used by all agencies in developing their plans pursuant
    to subsection (e), annual reports pursuant to subsection (g), and
    budget estimates pursuant to subsection (h). For purposes of this
    paragraph, the term "life cycle cost" means the total costs of
    owning, operating, and maintaining a building over its economic
    life, including its fuel and energy costs, determined on the basis
    of a systematic evaluation and comparison of alternative building
    systems. [References to National Bureau of Standards deemed to
    refer to National Institute of Standards and Technology pursuant to
    section 5115(c) of Pub. L. 100-418, set out as a Change of Name
    note under 15 U.S.C. 271.]
      (d) Not later than November 1, 1977, the Secretary, with the
    concurrence of the Director of the Office of Management and Budget,
    and after consultation with the Administrator of General Services
    and the heads of the Executive agencies specified in subsection (a)
    shall issue guidelines for the plans to be submitted pursuant to
    subsection (e).
      (e)(1) The head of each Executive agency that maintains any
    existing building or will maintain any new building shall submit no
    later than six months after the issuance of guidelines pursuant to
    subsection (d), to the Secretary a ten-year plan designed to the
    maximum extent practicable to meet the goals in subsection (b) for
    the total of existing or new Federal buildings. Such ten-year plans
    shall only consider improvements that are cost-effective consistent
    with the criteria established by the Director of the Office of
    Management and Budget (OMB Circular A-94) and the method
    established pursuant to subsection (c) of this Section. The plan
    submitted shall specify appropriate energy-saving initiatives and
    shall estimate the expected improvements by fiscal year in terms of
    specific accomplishments - energy savings and cost savings -
    together with the estimated costs of achieving the savings.
      (2) The plans submitted shall, to the maximum extent practicable,
    include the results of preliminary energy audits of all existing
    buildings with over 30,000 gross square feet of space owned and
    maintained by Executive agencies. Further, the second annual report
    submitted under subsection (g)(2) of this Section shall, to the
    maximum extent practicable, include the results of preliminary
    energy audits of all existing buildings with more than 5,000 but
    not more than 30,000 gross square feet of space. The purpose of
    such preliminary energy audits shall be to identify the type, size,
    energy use level and major energy using systems of existing Federal
    buildings.
      (3) The Secretary shall evaluate agency plans relative to the
    guidelines established pursuant to subsection (d) for such plans
    and relative to the cost estimating method established pursuant to
    subsection (c). Plans determined to be deficient by the Secretary
    will be returned to the submitting agency head for revision and
    resubmission within 60 days.
      (4) The head of any Executive agency submitting a plan, should he
    disagree with the Secretary's determination with respect to that
    plan, may appeal to the Director of the Office of Management and
    Budget for resolution of the disagreement.
      (f) The head of each agency submitting a plan or revised plan
    determined not deficient by the Secretary or, on appeal, by the
    Director of the Office of Management and Budget, shall implement
    the plan in accord with approved budget estimates.
      (g)(1) Each Executive agency shall submit to the Secretary an
    overall plan for conserving fuel and energy in all operations of
    the agency. This overall plan shall be in addition to and include
    any ten-year plan for energy conservation in Government buildings
    submitted in accord with Subsection (e).
      (2) By July 1 of each year, each Executive agency shall submit a
    report to the Secretary on progress made toward achieving the goals
    established in the overall plan required by paragraph (1) of this
    subsection. The annual report shall include quantitative measures
    and accomplishment with respect to energy saving actions taken, the
    cost of these actions, the energy saved, the costs saved, and other
    benefits realized.
      (3) The Secretary shall prepare a consolidated annual report on
    Federal government progress toward achieving the goals, including
    aggregate quantitative measures of accomplishment as well as
    suggested revisions to the ten-year plan, and submit the report to
    the President by August 15 of each year.
      (h) Each agency required to submit a plan shall submit to the
    Director of the Office of Management and Budget with the agency's
    annual budget submission, and in accordance with procedures and
    requirements that the Director shall establish, estimates for
    implementation of the agency's plan. The Director of the Office of
    Management and Budget shall consult with the Secretary about the
    agency budget estimates.
      (i) Each agency shall program its proposed energy conservation
    improvements of buildings so as to give the highest priority to the
    most cost-effective projects.
      (j) No agency of the Federal government may enter into a lease or
    a commitment to lease a building the construction of which has not
    commenced by the effective date of this Order unless the building
    will likely meet or exceed the general goal set forth in subsection
    (b)(2).
      (k) The provisions of this Section do not apply to housing units
    repossessed by the Federal Government.

                         EXECUTIVE ORDER NO. 12759                     
      Ex. Ord. No. 12759, Apr. 17, 1991, 56 F.R. 16257, as amended by
    Ex. Ord. No. 12902, Sec. 701, Mar. 8, 1994, 59 F.R. 11471, which
    provided for minimization of petroleum use in Federal facilities,
    vehicle fuel efficiency outreach programs, and Federal vehicle fuel
    efficiency, was revoked by Ex. Ord. No. 13123, Sec. 604, June 3,
    1999, 64 F.R. 30859, set out as a note under section 8251 of this
    title.

                         EXECUTIVE ORDER NO. 12902                     
      Ex. Ord. No. 12902, Mar. 8, 1994, 59 F.R. 11463, which directed
    executive agencies to implement programs to reduce energy
    consumption, increase energy efficiency, and conserve water, was
    revoked by Ex. Ord. No. 13123, Sec. 604, June 3, 1999, 64 F.R.
    30859, set out as a note under section 8251 of this title.

-End-



-CITE-
    42 USC Sec. 6202                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION

-HEAD-
    Sec. 6202. Definitions

-STATUTE-
      As used in this chapter:
        (1) The term "Secretary" means the Secretary of Energy.
        (2) The term "person" includes (A) any individual, (B) any
      corporation, company, association, firm, partnership, society,
      trust, joint venture, or joint stock company, and (C) the
      government and any agency of the United States or any State or
      political subdivision thereof.
        (3) The term "petroleum product" means crude oil, residual fuel
      oil, or any refined petroleum product (including any natural
      liquid and any natural gas liquid product).
        (4) The term "State" means a State, the District of Columbia,
      Puerto Rico, the Trust Territory of the Pacific Islands, or any
      territory or possession of the United States.
        (5) The term "United States" when used in the geographical
      sense means all of the States and the Outer Continental Shelf.
        (6) The term "Outer Continental Shelf" has the same meaning as
      such term has under section 1331 of title 43.
        (7) The term "international energy program" means the Agreement
      on an International Energy Program, signed by the United States
      on November 18, 1974, including (A) the annex entitled "Emergency
      Reserves", (B) any amendment to such Agreement which includes
      another nation as a party to such Agreement, and (C) any
      technical or clerical amendment to such Agreement.
        (8) The term "severe energy supply interruption" means a
      national energy supply shortage which the President determines - 
          (A) is, or is likely to be, of significant scope and
        duration, and of an emergency nature;
          (B) may cause major adverse impact on national safety or the
        national economy; and
          (C) results, or is likely to result, from (i) an interruption
        in the supply of imported petroleum products, (ii) an
        interruption in the supply of domestic petroleum products, or
        (iii) sabotage or an act of God.

        (9) The term "antitrust laws" includes - 
          (A) the Act entitled "An Act to protect trade and commerce
        against unlawful restraints and monopolies", approved July 2,
        1890 (15 U.S.C. 1, et seq.);
          (B) the Act entitled "An Act to supplement existing laws
        against unlawful restraints and monopolies, and for other
        purposes", approved October 15, 1914 (15 U.S.C. 12, et seq.);
          (C) the Federal Trade Commission Act (15 U.S.C. 41, et seq.);
          (D) sections 73 and 74 of the Act entitled "An Act to reduce
        taxation, to provide revenue for the Government, and for other
        purpose", approved August 27, 1894 (15 U.S.C. 8 and 9); and
          (E) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a,
        13b, and 21A).

        (10) The term "Federal land" means all lands owned or
      controlled by the United States, including the Outer Continental
      Shelf, and any land in which the United States has reserved
      mineral interests, except lands - 
          (A) held in trust for Indians or Alaska Natives,
          (B) owned by Indians or Alaska Natives with Federal
        restrictions on the title,
          (C) within any area of the National Park System, the National
        Wildlife Refuge System, the National Wilderness Preservation
        System, the National System of Trails, or the Wild and Scenic
        Rivers System, or
          (D) within military reservations.

-SOURCE-
    (Pub. L. 94-163, Sec. 3, Dec. 22, 1975, 89 Stat. 874; Pub. L. 95-
    619, title VI, Sec. 691(a), Nov. 9, 1978, 92 Stat. 3287; Pub. L.
    98-454, title VI, Sec. 601(f), Oct. 5, 1984, 98 Stat. 1736; Pub. L.
    101-383, Sec. 3(a), Sept. 15, 1990, 104 Stat. 727.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in introductory clause, was in the
    original "this Act", meaning Pub. L. 94-163, Dec. 22, 1975, 89
    Stat. 871, as amended, known as the Energy Policy and Conservation
    Act. For complete classification of this Act to the Code, see Short
    Title note set out under section 6201 of this title and Tables.
      Act approved July 2, 1890, referred to in par. (9)(A), is act
    July 2, 1890, ch. 647, 26 Stat. 209, as amended, known as the
    Sherman Act, which is classified to sections 1 to 7 of Title 15.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 1 of Title 15 and Tables.
      Act approved October 15, 1914, referred to in par. (9)(B), is act
    Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the
    Clayton Act, which is classified generally to sections 12, 13, 14
    to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of
    Title 29, Labor. For further details and complete classification of
    this Act to the Code, see References in Text note set out under
    section 12 of Title 15 and Tables.
      The Federal Trade Commission Act, referred to in par. (9)(C), is
    act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of chapter 2
    of Title 15. For complete classification of this Act to the Code,
    see section 58 of Title 15 and Tables.
      Act of June 19, 1936, chapter 592, referred to in par. (9)(E), is
    act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the
    Robinson-Patman Antidiscrimination Act and also as the Robinson-
    Patman Price Discrimination Act, which enacted sections 13a, 13b,
    and 21a of Title 15, Commerce and Trade, and amended section 13 of
    Title 15. For complete classification of this Act to the Code, see
    Short Title note set out under section 13 of Title 15 and Tables.


-MISC1-
                                AMENDMENTS                            
      1990 - Par. (8)(C). Pub. L. 101-383 inserted "(i)" before "an
    interruption" and substituted "(ii) an interruption in the supply
    of domestic petroleum products, or (iii)" for "or from".
      1984 - Par. (4). Pub. L. 98-454 inserted reference to Trust
    Territory of the Pacific Islands.
      1978 - Par. (1). Pub. L. 95-619 substituted definition of
    "Secretary", meaning the Secretary of Energy, for definition of
    "Administrator", meaning Administrator of the Federal Energy
    Administration.


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-


-CITE-
    42 USC SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY

-HEAD-
                SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY            

-End-


-CITE-
    42 USC Part A - Domestic Supply                             01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part A - Domestic Supply

-HEAD-
                         PART A - DOMESTIC SUPPLY                     

-End-



-CITE-
    42 USC Sec. 6211                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part A - Domestic Supply

-HEAD-
    Sec. 6211. Repealed.

-MISC1-
    Sec. 6211. Repealed. Pub. L. 106-469, title I, Sec. 103(1), Nov. 9,
      2000, 114 Stat. 2029.
      Section, Pub. L. 94-163, title I, Sec. 102, Dec. 22, 1975, 89
    Stat. 876; Pub. L. 94-385, title I, Sec. 164, Aug. 14, 1976, 90
    Stat. 1142; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978,
    92 Stat. 3288; Pub. L. 95-620, title VIII, Sec. 802, Nov. 9, 1978,
    92 Stat. 3347, provided for incentives to develop underground coal
    mines.

-End-



-CITE-
    42 USC Sec. 6212                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part A - Domestic Supply

-HEAD-
    Sec. 6212. Domestic use of energy supplies and related materials
      and equipment

-STATUTE-
    (a) Export restrictions
      The President may, by rule, under such terms and conditions as he
    determines to be appropriate and necessary to carry out the
    purposes of this chapter, restrict exports of - 
        (1) coal, petroleum products, natural gas, or petrochemical
      feedstocks, and
        (2) supplies of materials or equipment which he determines to
      be necessary (A) to maintain or further exploration, production,
      refining, or transportation of energy supplies, or (B) for the
      construction or maintenance of energy facilities within the
      United States.
    (b) Exemptions
      (1) The President shall exercise the authority provided for in
    subsection (a) of this section to promulgate a rule prohibiting the
    export of crude oil and natural gas produced in the United States,
    except that the President may, pursuant to paragraph (2), exempt
    from such prohibition such crude oil or natural gas exports which
    he determines to be consistent with the national interest and the
    purposes of this chapter.
      (2) Exemptions from any rule prohibiting crude oil or natural gas
    exports shall be included in such rule or provided for in an
    amendment thereto and may be based on the purpose for export, class
    of seller or purchaser, country of destination, or any other
    reasonable classification or basis as the President determines to
    be appropriate and consistent with the national interest and the
    purposes of this chapter.
    (c) Implementing restrictions
      In order to implement any rule promulgated under subsection (a)
    of this section, the President may request and, if so, the
    Secretary of Commerce shall, pursuant to the procedures established
    by the Export Administration Act of 1979 [50 U.S.C. App. 2401 et
    seq.] (but without regard to the phrase "and to reduce the serious
    inflationary impact of foreign demand" in section 3(2)(C) of such
    Act [50 U.S.C. App. 2402(2)(C)]), impose such restrictions as
    specified in any rule under subsection (a) of this section on
    exports of coal, petroleum products, natural gas, or petrochemical
    feedstocks, and such supplies of materials and equipment.
    (d) Restrictions and national interest
      Any finding by the President pursuant to subsection (a) or (b) of
    this section and any action taken by the Secretary of Commerce
    pursuant thereto shall take into account the national interest as
    related to the need to leave uninterrupted or unimpaired - 
        (1) exchanges in similar quantity for convenience or increased
      efficiency of transportation with persons or the government of a
      foreign state,
        (2) temporary exports for convenience or increased efficiency
      of transportation across parts of an adjacent foreign state which
      exports reenter the United States, and
        (3) the historical trading relations of the United States with
      Canada and Mexico.
    (e) Waiver of notice and comment period
      (1) The provisions of subchapter II of chapter 5 of title 5 shall
    apply with respect to the promulgation of any rule pursuant to this
    section, except that the President may waive the requirement
    pertaining to the notice of proposed rulemaking or period for
    comment only if he finds that compliance with such requirements may
    seriously impair his ability to impose effective and timely
    prohibitions on exports.
      (2) In the event such notice and comment period are waived with
    respect to a rule promulgated under this section, the President
    shall afford interested persons an opportunity to comment on any
    such rule at the earliest practicable date thereafter.
      (3) If the President determines to request the Secretary of
    Commerce to impose specified restrictions as provided for in
    subsection (c) of this section, the enforcement and penalty
    provisions of the Export Administration Act of 1969 shall apply, in
    lieu of this chapter, to any violation of such restrictions.

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

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

-COD-
                               CODIFICATION                           
      Subsec. (f) of this section, which required the President to
    submit quarterly reports to Congress concerning the administration
    of this section and any findings made pursuant to subsec. (a) or
    (b) of this section, terminated, effective May 15, 2000, pursuant
    to section 3003 of Pub. L. 104-66, as amended, set out as a note
    under section 1113 of Title 31, Money and Finance. See, also, the
    5th item on page 19 of House Document No. 103-7.


-MISC1-
                                AMENDMENTS                            
      1979 - Subsec. (c). Pub. L. 96-72 substituted "1979" for "1969"
    and "(C)" for "(A)".

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

-End-



-CITE-
    42 USC Sec. 6213                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part A - Domestic Supply

-HEAD-
    Sec. 6213. Certain lease bidding arrangements prohibited

-STATUTE-
    (a) Promulgation of rule by Secretary of the Interior
      The Secretary of the Interior shall, not later than 30 days after
    December 22, 1975, prescribe and make effective a rule which
    prohibits the bidding for any right to develop crude oil, natural
    gas, and natural gas liquids on any lands located on the Outer
    Continental Shelf by any person if more than one major oil company,
    more than one affiliate of a major oil company, or a major oil
    company and any affiliate of a major oil company, has or have a
    significant ownership interest in such person. Such rule shall
    define affiliate relationships and significant ownership interests.
    (b) Definitions
      As used in this section:
        (1) The term "major oil company" means any person who,
      individually or together with any other person with respect to
      which such person has an affiliate relationship or significant
      ownership interest, produced during a prior 6-month period
      specified by the Secretary, an average daily volume of 1,600,000
      barrels of crude oil, natural gas liquids equivalents, and
      natural gas equivalents.
        (2) One barrel of natural gas equivalent equals 5,626 cubic
      feet of natural gas measured at 14.73 pounds per square inch
      (MSL) and 60 degrees Fahrenheit.
        (3) One barrel of natural gas liquids equivalent equals 1.454
      barrels of natural gas liquids at 60 degrees Fahrenheit.
    (c) Exemptions
      The Secretary may, in his discretion, consider a request from any
    person described in subsection (a) of this section for an exemption
    from the prohibition of this section. In considering any such
    request, the Secretary may exempt bidding for leases for lands in
    any area only if the Secretary finds, on the record after
    opportunity for an agency hearing, that - 
        (1) such lands have extremely high cost exploration or
      development problems; and
        (2) exploration and development will not occur on such lands
      unless such exemption is granted.

    Findings of the Secretary under this subsection shall be final, and
    shall not be invalidated unless found to be arbitrary or
    capricious.
    (d) Unitization of producing fields
      This section shall not be construed to prohibit the unitization
    of producing fields to increase production or maximize ultimate
    recovery of oil or natural gas, or both.
    (e) Report to Congress covering extension of restrictions on joint
      bidding
      The Secretary shall study and report to the Congress, not later
    than 6 months after December 22, 1975, with respect to the
    feasibility and desirability of extending the prohibition on joint
    bidding to - 
        (1) bidding for any right to develop crude oil, natural gas,
      and natural gas liquids on Federal lands other than those located
      on the Outer Continental Shelf; and
        (2) bidding for any right to develop coal and oil shale on such
      lands.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 105, Dec. 22, 1975, 89 Stat. 879;
    Pub. L. 95-372, title II, Sec. 205(c), Sept. 18, 1978, 92 Stat.
    646.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (c). Pub. L. 95-372 substituted "in his
    discretion, consider a request from any person described in
    subsection (a) of this section for an exemption from the
    prohibition of this section" for "by amendment to the rule, exempt
    bidding for leases for lands located in frontier or other areas
    determined by the Secretary to be extremely high risk lands or to
    present unusually high cost exploration, or development, problems"
    in existing provisions and inserted provisions setting out the
    requisite finding of the Secretary and making arbitrariness and
    capriciousness of the Secretary's findings the only bases for
    invalidation of those findings.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior to promulgate regulations
    under this chapter relating to fostering of competition for Federal
    leases and to implementation of alternative bidding systems
    authorized for award of Federal leases transferred to Secretary of
    Energy by section 7152(b) of this title. Section 7152(b) of this
    title repealed by Pub. L. 97-100, title II, Sec. 201, Dec. 23,
    1981, 95 Stat. 1407, and functions of Secretary of Energy returned
    to Secretary of the Interior. See House Report No. 97-315, pp. 25,
    26, Nov. 5, 1981.

-End-



-CITE-
    42 USC Sec. 6214                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part A - Domestic Supply

-HEAD-
    Sec. 6214. Repealed.

-MISC1-
    Sec. 6214. Repealed. Pub. L. 106-469, title I, Sec. 103(3), Nov. 9,
      2000, 114 Stat. 2029.
      Section, Pub. L. 94-163, title I, Sec. 106, Dec. 22, 1975, 89
    Stat. 880, related to production of oil or gas at the maximum
    efficient rate and temporary emergency production rate.

-End-



-CITE-
    42 USC Sec. 6215                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part A - Domestic Supply

-HEAD-
    Sec. 6215. Major fuel burning stationary source

-STATUTE-
    (a) Restrictions on issuance of orders or rules by Governor
      pursuant to section 7425 of this title
      No Governor of a State may issue any order or rule pursuant to
    section 7425 of this title to any major fuel burning stationary
    source (or class or category thereof) - 
        (1) prohibiting such source from using fuels other than locally
      or regionally available coal or coal derivatives, or
        (2) requiring such source to enter into a contract (or
      contracts) for supplies of locally or regionally available coal
      or coal derivatives.
    (b) Petition to President
      (1) The Governor of any State may petition the President to
    exercise the President's authorities pursuant to section 7425 of
    this title with respect to any major fuel burning stationary source
    located in such State.
      (2) Any petition under paragraph (1) shall include documentation
    which could support a finding that significant local or regional
    economic disruption or unemployment would result from use by such
    source of - 
        (A) coal or coal derivatives other than locally or regionally
      available coal,
        (B) petroleum products,
        (C) natural gas, or
        (D) any combination of fuels referred to in subparagraphs (A)
      through (C), to comply with the requirements of a State
      implementation plan pursuant to section 7410 of this title.
    (c) Action to be taken by President
      Within 90 days after the submission of a Governor's petition
    under subsection (b) of this section, the President shall either
    issue an order or rule pursuant to section 7425 of this title or
    deny such petition, stating in writing his reasons for such denial.
    In making his determination to issue such an order or rule pursuant
    to this subsection, the President must find that such order or rule
    would - 
        (1) be consistent with section 7425 of this title;
        (2) result in no significant increase in the consumption of
      energy;
        (3) not subject the ultimate consumer to significantly higher
      energy costs; and
        (4) not violate any contractual relationship between such
      source and any supplier or transporter of fuel to such source.
    (d) Effect on authority of President to allocate coal or coal
      derivatives
      Nothing in subsection (a) or (b) of this section shall affect the
    authority of the President or the Secretary of the Department of
    Energy to allocate coal or coal derivatives under any provision of
    law.
    (e) Definitions
      The terms "major fuel burning stationary source (or class or
    category thereof)" and "locally or regionally available coal or
    coal derivatives" shall have the meanings assigned to them for the
    purposes of section 7425 of this title.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 107, as added Pub. L. 95-619, title
    VI, Sec. 661, Nov. 9, 1978, 92 Stat. 3285; amended Pub. L. 106-469,
    title VI, Sec. 605(b)(2), Nov. 9, 2000, 114 Stat. 2043.)


-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-469 inserted section catchline.

-End-



-CITE-
    42 USC Sec. 6216                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part A - Domestic Supply

-HEAD-
    Sec. 6216. Annual Home Heating Readiness Reports

-STATUTE-
    (a) In general
      On or before September 1 of each year, the Secretary, acting
    through the Administrator of the Energy Information Agency, shall
    submit to Congress a Home Heating Readiness Report on the readiness
    of the natural gas, heating oil and propane industries to supply
    fuel under various weather conditions, including rapid decreases in
    temperature.
    (b) Contents
      The Home Heating Readiness Report shall include - 
        (1) estimates of the consumption, expenditures, and average
      price per gallon of heating oil and propane and thousand cubic
      feet of natural gas for the upcoming period of October through
      March for various weather conditions, with special attention to
      extreme weather, and various regions of the country;
        (2) an evaluation of - 
          (A) global and regional crude oil and refined product
        supplies;
          (B) the adequacy and utilization of refinery capacity;
          (C) the adequacy, utilization, and distribution of regional
        refined product storage capacity;
          (D) weather conditions;
          (E) the refined product transportation system;
          (F) market inefficiencies; and
          (G) any other factor affecting the functional capability of
        the heating oil industry and propane industry that has the
        potential to affect national or regional supplies and prices;

        (3) recommendations on steps that the Federal, State, and local
      governments can take to prevent or alleviate the impact of sharp
      and sustained increases in the price of natural gas, heating oil,
      and propane; and
        (4) recommendations on steps that companies engaged in the
      production, refining, storage, transportation of heating oil or
      propane, or any other activity related to the heating oil
      industry or propane industry, can take to prevent or alleviate
      the impact of sharp and sustained increases in the price of
      heating oil and propane.
    (c) Information requests
      The Secretary may request information necessary to prepare the
    Home Heating Readiness Report from companies described in
    subsection (b)(4) of this section.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 108, as added Pub. L. 106-469, title
    VI, Sec. 605(a), Nov. 9, 2000, 114 Stat. 2042.)

-End-



-CITE-
    42 USC Sec. 6217                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part A - Domestic Supply

-HEAD-
    Sec. 6217. Scientific inventory of oil and gas reserves

-STATUTE-
    (a) In general
      The Secretary of the Interior, in consultation with the
    Secretaries of Agriculture and Energy, shall conduct an inventory
    of all onshore Federal lands. The inventory shall identify - 
        (1) the United States Geological Survey estimates of the oil
      and gas resources underlying these lands;
        (2) the extent and nature of any restrictions or impediments to
      the development of the resources, including - 
          (A) impediments to the timely granting of leases;
          (B) post-lease restrictions, impediments, or delays on
        development for conditions of approval, applications for
        permits to drill, or processing of environmental permits; and
          (C) permits or restrictions associated with transporting the
        resources for entry into commerce; and

        (3) the quantity of resources not produced or introduced into
      commerce because of the restrictions.
    (b) Regular update
      Once completed, the USGS resource estimates and the surface
    availability data as provided in subsection (a)(2) of this section
    shall be regularly updated and made publicly available.
    (c) Inventory
      The inventory shall be provided to the Committee on Resources of
    the House of Representatives and to the Committee on Energy and
    Natural Resources of the Senate within 2 years after November 9,
    2000.
    (d) Assessments
      Using the inventory, the Secretary of Energy shall make periodic
    assessments of economically recoverable resources accounting for a
    range of parameters such as current costs, commodity prices,
    technology, and regulations.

-SOURCE-
    (Pub. L. 106-469, title VI, Sec. 604, Nov. 9, 2000, 114 Stat. 2041;
    Pub. L. 109-58, title III, Sec. 364(a), Aug. 8, 2005, 119 Stat.
    723.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Act of 2000, and not as
    part of the Energy Policy and Conservation Act which comprises this
    chapter.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(1). Pub. L. 109-58, Sec. 364(a)(1)(A), struck
    out "reserve" before "estimates" and "and" after the semicolon.
      Subsec. (a)(2), (3). Pub. L. 109-58, Sec. 364(a)(1)(B), added
    pars. (2) and (3) and struck out former par. (2) which read as
    follows: "the extent and nature of any restrictions or impediments
    to the development of such resources."
      Subsec. (b). Pub. L. 109-58, Sec. 364(a)(2), substituted
    "resource" for "reserve" and "publicly" for "publically".
      Subsec. (d). Pub. L. 109-58, Sec. 364(a)(3), added subsec. (d)
    and struck out heading and text of former subsec. (d). Text read as
    follows: "There are authorized to be appropriated such sums as may
    be necessary to implement this section."

-End-


-CITE-
    42 USC Part B - Strategic Petroleum Reserve                 01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
                   PART B - STRATEGIC PETROLEUM RESERVE               

-End-



-CITE-
    42 USC Sec. 6231                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6231. Congressional finding and declaration of policy

-STATUTE-
      (a) The Congress finds that the storage of substantial quantities
    of petroleum products will diminish the vulnerability of the United
    States to the effects of a severe energy supply interruption, and
    provide limited protection from the short-term consequences of
    interruptions in supplies of petroleum products.
      (b) It is the policy of the United States to provide for the
    creation of a Strategic Petroleum Reserve for the storage of up to
    1 billion barrels of petroleum products to reduce the impact of
    disruptions in supplies of petroleum products, to carry out
    obligations of the United States under the international energy
    program, and for other purposes as provided for in this chapter.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 151, Dec. 22, 1975, 89 Stat. 881;
    Pub. L. 106-469, title I, Sec. 103(4), Nov. 9, 2000, 114 Stat.
    2029.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as
    amended, known as the Energy Policy and Conservation Act. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 6201 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (b). Pub. L. 106-469 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "It is
    hereby declared to be the policy of the United States to provide
    for the creation of a Strategic Petroleum Reserve for the storage
    of up to 1 billion barrels of petroleum products, but not less than
    150 million barrels of petroleum products by the end of the 3-year
    period which begins on December 22, 1975, for the purpose of
    reducing the impact of disruptions in supplies of petroleum
    products or to carry out obligations of the United States under the
    international energy program. It is further declared to be the
    policy of the United States to provide for the creation of an Early
    Storage Reserve, as part of the Reserve, for the purpose of
    providing limited protection from the impact of near-term
    disruptions in supplies of petroleum products or to carry out
    obligations of the United States under the international energy
    program."

                   STUDY OF A STRATEGIC ETHANOL RESERVE               
      Pub. L. 99-198, title XVII, Sec. 1778, Dec. 23, 1985, 99 Stat.
    1659, provided that:
      "(a) The Secretary of Agriculture shall conduct a study of the
    cost effectiveness, the economic benefits, and the feasibility of
    establishing, maintaining, and utilizing a Strategic Ethanol
    Reserve relative to the existing Strategic Petroleum Reserve.
      "(b) The study shall be completed within one year after the
    enactment of this section [Dec. 23, 1985] and shall include, among
    other considerations - 
        "(1) the benefits and losses related to the U.S. economy, farm
      income, employment, government commodity programs, and the trade
      deficit of utilizing a Strategic Ethanol Reserve, as opposed to
      the Strategic Petroleum Reserve; and
        "(2) the savings from storing ethanol as opposed to storing the
      amount of CCC-held grain necessary to produce the ethanol.
      "(c) If the study shows that the Strategic Ethanol Reserve is
    cost effective, beneficial to the U.S. economy, and feasible in
    comparison with the Strategic Petroleum Reserve, the Secretary of
    Agriculture may establish, maintain, and utilize a Strategic
    Ethanol Reserve."

                     ADDITIONAL CONGRESSIONAL FINDINGS                 
      Pub. L. 97-35, title X, Sec. 1032, Aug. 13, 1981, 95 Stat. 618,
    provided that: "The Congress finds that - 
        "(1) the Strategic Petroleum Reserve should be considered a
      national security asset; and
        "(2) enlarging the capacity and filling of the Strategic
      Petroleum Reserve should be accelerated (to the extent
      technically and economically practicable) to take advantage of
      any increased availability of crude oil in the world market from
      time to time."

-End-



-CITE-
    42 USC Sec. 6232                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6232. Definitions

-STATUTE-
      As used in this part and part C of this subchapter:
        (1) Repealed. Pub. L. 106-469, title I, Sec. 103(5)(A), Nov. 9,
      2000, 114 Stat. 2029.
        (2) The term "importer" means any person who owns, at the first
      place of storage, any petroleum product imported into the United
      States.
        (3) Repealed. Pub. L. 106-469, title I, Sec. 103(5)(A), Nov. 9,
      2000, 114 Stat. 2029.
        (4) The term "interest in land" means any ownership or
      possessory right with respect to real property, including
      ownership in fee, an easement, a leasehold, and any subsurface or
      mineral rights.
        (5) The term "readily available inventories" means stocks and
      supplies of petroleum products which can be distributed or used
      without affecting the ability of the importer or refiner to
      operate at normal capacity; such term does not include minimum
      working inventories or other unavailable stocks.
        (6) The term "refiner" means any person who owns, operates, or
      controls the operation of any refinery.
        (7) Repealed. Pub. L. 106-469, title I, Sec. 103(5)(A), Nov. 9,
      2000, 114 Stat. 2029.
        (8) The term "related facility" means any necessary
      appurtenance to a storage facility, including pipelines,
      roadways, reservoirs, and salt brine lines.
        (9) The term "Reserve" means the Strategic Petroleum Reserve.
        (10) The term "storage facility" means any facility or
      geological formation which is capable of storing significant
      quantities of petroleum products.
        (11) The term "Strategic Petroleum Reserve" means petroleum
      products stored in storage facilities pursuant to this part.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 152, Dec. 22, 1975, 89 Stat. 882;
    Pub. L. 101-383, Sec. 6(a)(1), Sept. 15, 1990, 104 Stat. 729; Pub.
    L. 106-469, title I, Sec. 103(5), Nov. 9, 2000, 114 Stat. 2029.)


-MISC1-
                                AMENDMENTS                            
      2000 - Par. (1). Pub. L. 106-469, Sec. 103(5)(A), struck out par.
    (1) which read as follows: "The term 'Early Storage Reserve' means
    that portion of the Strategic Petroleum Reserve which consists of
    petroleum products stored pursuant to section 6235 of this title."
      Par. (3). Pub. L. 106-469, Sec. 103(5)(A), struck out par. (3)
    which read as follows: "The term 'Industrial Petroleum Reserve'
    means that portion of the Strategic Petroleum Reserve which
    consists of petroleum products owned by importers or refiners and
    acquired, stored, or maintained pursuant to section 6236 of this
    title."
      Par. (7). Pub. L. 106-469, Sec. 103(5)(A), struck out par. (7)
    which read as follows: "The term 'Regional Petroleum Reserve' means
    that portion of the Strategic Petroleum Reserve which consists of
    petroleum products stored pursuant to section 6237 of this title."
      Par. (11). Pub. L. 106-469, Sec. 103(5)(B), struck out "; such
    term includes the Industrial Petroleum Reserve, the Early Storage
    Reserve, and the Regional Petroleum Reserve" before period at end.
      1990 - Pub. L. 101-383 inserted "and part C of this subchapter"
    after "this part".

-End-



-CITE-
    42 USC Sec. 6233                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6233. Repealed.

-MISC1-
    Sec. 6233. Repealed. Pub. L. 106-469, title I, Sec. 103(6), Nov. 9,
      2000, 114 Stat. 2030.
      Section, Pub. L. 94-163, title I, Sec. 153, Dec. 22, 1975, 89
    Stat. 882; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978,
    92 Stat. 3288, related to the Strategic Petroleum Reserve Office.

-End-



-CITE-
    42 USC Sec. 6234                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6234. Strategic Petroleum Reserve

-STATUTE-
    (a) Establishment
      A Strategic Petroleum Reserve for the storage of up to 1 billion
    barrels of petroleum products shall be created pursuant to this
    part.
    (b) Authority of Secretary
      The Secretary, in accordance with this part, shall exercise
    authority over the development, operation, and maintenance of the
    Reserve.
    (c) to (e) Repealed. Pub. L. 106-469, title I, Sec. 103(7)(C), Nov.
      9, 2000, 114 Stat. 2030
    (f) Purpose of drawdown and distribution; requests for funds for
      storage
      (1) The drawdown and distribution of petroleum products from the
    Strategic Petroleum Reserve is authorized only under section 6241
    of this title, and drawdown and distribution of petroleum products
    for purposes other than those described in section 6241 of this
    title shall be prohibited.
      (2) In the Secretary's annual budget submission, the Secretary
    shall request funds for acquisition, transportation, and injection
    of petroleum products for storage in the Reserve. If no requests
    for funds are made, the Secretary shall provide a written
    explanation of the reason therefore.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 154, Dec. 22, 1975, 89 Stat. 882;
    Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.
    3288; Pub. L. 102-486, title XIV, Sec. 1402, Oct. 24, 1992, 106
    Stat. 2994; Pub. L. 105-177, Sec. 1(6), June 1, 1998, 112 Stat.
    106; Pub. L. 106-469, title I, Sec. 103(7), Nov. 9, 2000, 114 Stat.
    2030.)


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-469, Sec. 103(7)(A), amended
    subsec. (a) generally. Prior to amendment, subsec. (a) provided for
    the creation of a Strategic Petroleum Reserve of up to 1 billion
    barrels of petroleum products and required that the Reserve contain
    not less than 150 million barrels of petroleum products by the end
    of the 3-year period beginning on Dec. 22, 1975, and that the
    President take actions to enlarge the Reserve to 1,000,000,000
    barrels as rapidly as possible beginning Oct. 24, 1992.
      Subsec. (b). Pub. L. 106-469, Sec. 103(7)(B), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "The
    Secretary, not later than December 15, 1976, shall prepare and
    transmit to the Congress, in accordance with section 6421 of this
    title, a Strategic Petroleum Reserve Plan. Such Plan shall comply
    with the provisions of this section and shall detail the
    Secretary's proposals for designing, constructing, and filling the
    storage and related facilities of the Reserve."
      Subsecs. (c) to (e). Pub. L. 106-469, Sec. 103(7)(C), struck out
    subsecs. (c) to (e) which related to the levels of crude oil to be
    stored, plan objectives, and plan provisions.
      1998 - Subsec. (f). Pub. L. 105-177 added subsec. (f).
      1992 - Subsec. (a). Pub. L. 102-486 designated existing
    provisions as par. (1) and added par. (2).
      1978 - Subsecs. (b), (d). Pub. L. 95-619 substituted "Secretary"
    and "Secretary's" for "Administrator" and "Administrator's",
    respectively, meaning Administrator of the Federal Energy
    Administration, wherever appearing.

                 STRATEGIC PETROLEUM RESERVE DRAWDOWN PLAN             
      Pub. L. 97-229, Sec. 4(c), Aug. 3, 1982, 96 Stat. 252, provided
    that: "On or before December 1, 1982, the President shall transmit
    to the Congress a drawdown plan for the Strategic Petroleum Reserve
    consistent with the requirements of section 154 of the Energy
    Policy and Conservation Act [this section]. Such plan shall be
    transmitted to the Congress as an amendment to the Strategic
    Petroleum Reserve Plan. Such amendment shall take effect on the
    date it is transmitted to the Congress and shall not be subject to
    section 159(e) of such Act [section 6239(e) of this title] relating
    to Congressional review. Subsequent amendments to such plan shall
    be in accordance with subsections (d) and (e) of such section 159."

-End-



-CITE-
    42 USC Secs. 6235 to 6238                                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Secs. 6235 to 6238. Repealed.

-MISC1-
    Secs. 6235 to 6238. Repealed. Pub. L. 106-469, title I, Sec. 103(8)-
      (11), Nov. 9, 2000, 114 Stat. 2030.
      Section 6235, Pub. L. 94-163, title I, Sec. 155, Dec. 22, 1975,
    89 Stat. 884; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9,
    1978, 92 Stat. 3288, related to the Early Storage Reserve.
      Section 6236, Pub. L. 94-163, title I, Sec. 156, Dec. 22, 1975,
    89 Stat. 885; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9,
    1978, 92 Stat. 3288, related to the Industrial Petroleum Reserve.
      Section 6237, Pub. L. 94-163, title I, Sec. 157, Dec. 22, 1975,
    89 Stat. 885; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9,
    1978, 92 Stat. 3288; Pub. L. 102-486, title XIV, Sec. 1405, Oct.
    24, 1992, 106 Stat. 2995, related to the Regional Petroleum
    Reserve.
      Section 6238, Pub. L. 94-163, title I, Sec. 158, Dec. 22, 1975,
    89 Stat. 886; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9,
    1978, 92 Stat. 3288, related to a report on the establishment of
    Utility Reserves, Coal Reserves, Remote Crude Oil and Natural Gas
    Reserves.

-End-



-CITE-
    42 USC Sec. 6239                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

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

-STATUTE-
    (a) to (e) Repealed. Pub. L. 106-469, title I, Sec. 103(13)(A),
      Nov. 9, 2000, 114 Stat. 2030
    (f) Powers of Secretary to develop and operate the Strategic
      Petroleum Reserve
      In order to develop, operate, or maintain the Strategic Petroleum
    Reserve, the Secretary may - 
        (1) issue rules, regulations, or orders;
        (2) acquire by purchase, condemnation, or otherwise, land or
      interests in land for the location of storage and related
      facilities;
        (3) construct, purchase, lease, or otherwise acquire storage
      and related facilities;
        (4) use, lease, maintain, sell or otherwise dispose of land or
      interests in land, or of storage and related facilities acquired
      under this part, under such terms and conditions as the Secretary
      considers necessary or appropriate;
        (5) acquire, subject to the provisions of section 6240 of this
      title, by purchase, exchange, or otherwise, petroleum products
      for storage in the Strategic Petroleum Reserve;
        (6) store petroleum products in storage facilities owned and
      controlled by the United States or in storage facilities owned by
      others if those facilities are subject to audit by the United
      States;
        (7) execute any contracts necessary to develop, operate, or
      maintain the Strategic Petroleum Reserve;
        (8) bring an action, when the Secretary considers it necessary,
      in any court having jurisdiction over the proceedings, to acquire
      by condemnation any real or personal property, including
      facilities, temporary use of facilities, or other interests in
      land, together with any personal property located on or used with
      the land.
    (g) Acquisition of property by negotiation as prerequisite to
      condemnation
      Before any condemnation proceedings are instituted, an effort
    shall be made to acquire the property involved by negotiation,
    unless, the effort to acquire such property by negotiation would,
    in the judgement of the Secretary be futile or so time-consuming as
    to unreasonably delay the development of the Strategic Petroleum
    Reserve, because of (1) reasonable doubt as to the identity of the
    owners, (2) the large number of persons with whom it would be
    necessary to negotiate, or (3) other reasons.
    (h), (i) Repealed. Pub. L. 106-469, title I, Sec. 103(13)(D), Nov.
      9, 2000, 114 Stat. 2031
    (j) Expansion beyond 700,000,000 barrels
      If the Secretary determines expansion beyond 700,000,000 barrels
    of petroleum product inventory is appropriate, the Secretary shall
    submit a plan for expansion to the Congress.
    (k) Exemption from subtitle IV of title 49
      A storage or related facility of the Strategic Petroleum Reserve
    owned by or leased to the United States is not subject to the
    Interstate Commerce Act.
    (l) Rulemaking during drawdown and sale
      During a drawdown and sale of Strategic Petroleum Reserve
    petroleum products, the Secretary may issue implementing rules,
    regulations, or orders in accordance with section 553 of title 5,
    without regard to rulemaking requirements in section 6393 of this
    title, and section 7191 of this title.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 159, Dec. 22, 1975, 89 Stat. 886;
    Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.
    3288; Pub. L. 97-229, Sec. 4(b)(1), (2)(B), Aug. 3, 1982, 96 Stat.
    251, 252; Pub. L. 99-58, title I, Sec. 102(a), July 2, 1985, 99
    Stat. 102; Pub. L. 101-383, Secs. 4(a), 9, 11, Sept. 15, 1990, 104
    Stat. 728, 735; Pub. L. 106-469, title I, Sec. 103(12), (13), Nov.
    9, 2000, 114 Stat. 2030.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Interstate Commerce Act, referred to in subsec. (k), is act
    Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended, which was
    classified generally to chapters 1, 8, 12, 13, and 19 (Secs. 1 et
    seq., 301 et seq., 901 et seq., 1001 et seq., and 1231 et seq.,
    respectively) of former Title 49, Transportation. The Act was
    repealed (subject to an exception) by Pub. L. 95-473, Sec. 4(b),
    Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted
    subtitle IV (Sec. 10101 et seq.) of Title 49. Section 4(c) of Pub.
    L. 95-473 excepted from repeal those provisions of the Interstate
    Commerce Act that vested functions in the Interstate Commerce
    Commission, or the chairman or members of the Commission, related
    to transportation of oil by pipeline and that were transferred to
    the Secretary of Energy and the Federal Energy Regulatory
    Commission by sections 7155 and 7172(b) of this title.


-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-469, Sec. 103(12), amended section catchline
    generally.
      Subsecs. (a) to (e). Pub. L. 106-469, Sec. 103(13)(A), struck out
    subsecs. (a) to (e) which related to congressional review and
    effective date of the Strategic Petroleum Reserve Plan, preparation
    and transmittal to Congress of proposals for designing,
    constructing, and filling facilities and of Plan amendments, and 60-
    day waiting period for effectiveness of amendments.
      Subsec. (f). Pub. L. 106-469, Sec. 103(13)(B), amended subsec.
    (f) generally. Prior to amendment, subsec. (f) set out powers of
    the Secretary to implement the Strategic Petroleum Reserve Plan,
    the Early Storage Reserve Plan, proposals for designing,
    constructing, and filling facilities, amendments to the Plans, and
    the storage of petroleum products in interim storage facilities.
      Subsec. (g). Pub. L. 106-469, Sec. 103(13)(C), substituted
    "development" for "implementation" and struck out "Plan" after
    "Strategic Petroleum Reserve".
      Subsecs. (h), (i). Pub. L. 106-469, Sec. 103(13)(D), struck out
    subsecs. (h) and (i) which related to use of interim storage
    facilities and environmental considerations for existing
    facilities, and report to Congress on results of negotiations for
    enlargement of Strategic Petroleum Reserve to one billion barrels.
      Subsec. (j). Pub. L. 106-469, Sec. 103(13)(E), amended subsec.
    (j) generally. Prior to amendment, subsec. (j) read as follows: "No
    later than 24 months after September 15, 1990, the Secretary shall
    amend the Strategic Petroleum Reserve Plan to prescribe plans for
    completion of storage of one billion barrels of petroleum product
    in the Reserve. Such amendment shall comply with the provisions of
    this section and shall detail the Secretary's plans for the design,
    construction, leasing or other acquisition, and fill of storage and
    related facilities of the Reserve to achieve such one billion
    barrels of storage. Such amendment shall not be subject to the
    congressional review procedures contained in section 6421 of this
    title. In assessing alternatives in the development of such plans,
    the Secretary shall consider leasing privately owned storage
    facilities."
      Subsec. (l). Pub. L. 106-469, Sec. 103(13)(F), amended subsec.
    (l) generally. Prior to amendment, subsec. (l) read as follows:
    "Notwithstanding subsection (d) of this section, during any period
    in which the Distribution Plan is being implemented, the Secretary
    may amend the plan and promulgate rules, regulations, or orders to
    implement such amendments in accordance with section 6393 of this
    title, without regard to the requirements of section 553 of title 5
    and section 7191 of this title. Such amendments shall be
    transmitted to the Congress together with a statement explaining
    the need for such amendments."
      1990 - Subsecs. (i), (j). Pub. L. 101-383, Sec. 4(a), added
    subsecs. (i) and (j).
      Subsec. (k). Pub. L. 101-383, Sec. 9, added subsec. (k).
      Subsec. (l). Pub. L. 101-383, Sec. 11, added subsec. (l).
      1985 - Subsec. (e). Pub. L. 99-58 amended subsec. (e) generally,
    substituting provisions directing that amendments transmitted
    pursuant to subsec. (d) of this section not become effective until
    60 days after transmittal except in the case of enumerated
    presidential determinations for provisions which had formerly
    empowered Congress to disapprove of transmitted proposals and
    amendments in accordance with the procedures specified in section
    6421 of this title.
      1982 - Subsec. (f)(5). Pub. L. 97-229, Sec. 4(b)(1), added par.
    (5).
      Subsec. (h). Pub. L. 97-229, Sec. 4(b)(2)(B), added subsec. (h).
      1978 - Subsecs. (a)(1), (c), (d), (e)(1), (f), (f)(I), (g). Pub.
    L. 95-619 substituted "Secretary" for "Administrator", meaning
    Administrator of the Federal Energy Administration, wherever
    appearing.

-End-



-CITE-
    42 USC Sec. 6240                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6240. Petroleum products for storage, transport, or exchange

-STATUTE-
    (a) Eligibility of petroleum products
      The Secretary may acquire, place in storage, transport, or
    exchange - 
        (1) crude oil produced from Federal lands (!1)

        (2) crude oil which the United States is entitled to receive in
      kind as royalties from production on Federal lands; and
        (3) petroleum products acquired by purchase, exchange, or
      otherwise.
    (b) Objectives in determining manner of acquisition
      The Secretary shall, to the greatest extent practicable, acquire
    petroleum products for the Reserve in a manner consonant with the
    following objectives:
        (1) minimization of the cost of the Reserve;
        (2) Repealed. Pub. L. 106-469, title I, Sec. 103(14)(C), Nov.
      9, 2000, 114 Stat. 2031;
        (3) minimization of the Nation's vulnerability to a severe
      energy supply interruption;
        (4) minimization of the impact of such acquisition upon supply
      levels and market forces; and
        (5) encouragement of competition in the petroleum industry.
    (c) Procedures
      The Secretary shall develop, with public notice and opportunity
    for comment, procedures consistent with the objectives of this
    section to acquire petroleum for the Reserve. Such procedures shall
    take into account the need to - 
        (1) maximize overall domestic supply of crude oil (including
      quantities stored in private sector inventories);
        (2) avoid incurring excessive cost or appreciably affecting the
      price of petroleum products to consumers;
        (3) minimize the costs to the Department of the Interior and
      the Department of Energy in acquiring such petroleum products
      (including foregone revenues to the Treasury when petroleum
      products for the Reserve are obtained through the royalty-in-kind
      program);
        (4) protect national security;
        (5) avoid adversely affecting current and futures prices,
      supplies, and inventories of oil; and
        (6) address other factors that the Secretary determines to be
      appropriate.
    (d), (e) Repealed. Pub. L. 106-469, title I, Sec. 103(14)(D), Nov.
      9, 2000, 114 Stat. 2031
    (f) Predrawdown diversion
      If the Secretary finds that a severe energy supply interruption
    may be imminent, the Secretary may suspend the acquisition of
    petroleum product for, and the injection of petroleum product into,
    the Reserve and may sell any petroleum product acquired for and in
    transit to, but not injected into, the Reserve.
    (g) Repealed. Pub. L. 106-469, title I, Sec. 103(14)(D), Nov. 9,
      2000, 114 Stat. 2031
    (h) Purchase from stripper well properties
      (1) If the President finds that declines in the production of oil
    from domestic resources pose a threat to national energy security,
    the President may direct the Secretary to acquire oil from domestic
    production of stripper well properties for storage in the Strategic
    Petroleum Reserve. Except as provided in paragraph (2), the
    Secretary may set such terms and conditions as he deems necessary
    for such acquisition.
      (2) Crude oil purchased by the Secretary pursuant to this
    subsection shall be by competitive bid. The price paid by the
    Secretary - 
        (A) shall take into account the cost of production including
      costs of reservoir and well maintenance; and
        (B) shall not exceed the price that would have been paid if the
      Secretary had acquired petroleum products of a similar quality on
      the open market under competitive bid procedures without regard
      to the source of the petroleum products.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 160, Dec. 22, 1975, 89 Stat. 888;
    Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.
    3288; Pub. L. 96-294, title VIII, Secs. 801(a), 802(a), 803, June
    30, 1980, 94 Stat. 775, 776; Pub. L. 97-35, title X, Sec. 1033,
    Aug. 13, 1981, 95 Stat. 618; Pub. L. 97-229, Sec. 4(a)(1),
    (b)(2)(C), Aug. 3, 1982, 96 Stat. 250, 252; Pub. L. 99-58, title I,
    Secs. 102(b), 103(b)(1), July 2, 1985, 99 Stat. 103, 104; Pub. L.
    99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 342; Pub. L. 99-
    272, title VII, Sec. 7102, Apr. 7, 1986, 100 Stat. 141; Pub. L. 99-
    509, title III, Sec. 3202, Oct. 21, 1986, 100 Stat. 1889; Pub. L.
    101-383, Secs. 4(b), (c), 5(a), (b)(3), 7, Sept. 15, 1990, 104
    Stat. 728, 729, 734; Pub. L. 101-548, Sec. 1, Nov. 14, 1990, 104
    Stat. 2398; Pub. L. 102-486, title XIV, Sec. 1404(a), (b)(2), Oct.
    24, 1992, 106 Stat. 2994, 2995; Pub. L. 104-66, title I, Sec.
    1051(f), Dec. 21, 1995, 109 Stat. 716; Pub. L. 106-469, title I,
    Sec. 103(14), Nov. 9, 2000, 114 Stat. 2031; Pub. L. 109-58, title
    III, Sec. 301(e)(2)(A), Aug. 8, 2005, 119 Stat. 684.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c). Pub. L. 109-58 added subsec. (c).
      2000 - Subsec. (a). Pub. L. 106-469, Sec. 103(14)(A), in
    introductory provisions, substituted "The Secretary may acquire,
    place in storage, transport, or exchange" for "The Secretary is
    authorized, for purposes of implementing the Strategic Petroleum
    Reserve Plan or the Early Storage Reserve Plan, to place in
    storage, transport, or exchange".
      Subsec. (a)(1). Pub. L. 106-469, Sec. 103(14)(B), struck out ",
    including crude oil produced from the Naval Petroleum Reserves to
    the extent that such production is authorized by law;" after
    "Federal lands".
      Subsec. (b). Pub. L. 106-469, Sec. 103(14)(C), struck out ",
    including the Early Storage Reserve and the Regional Petroleum
    Reserve" before "in a manner consonant" in introductory provisions.
      Subsec. (b)(2). Pub. L. 106-469, Sec. 103(14)(C), struck out par.
    (2) which read as follows: "orderly development of the Naval
    Petroleum Reserves to the extent authorized by law;".
      Subsecs. (c) to (e). Pub. L. 106-469, Sec. 103(14)(D), struck out
    subsecs. (c) to (e) which related to fill operations by the
    President, disposition of crude oil from Naval Petroleum Reserve
    Numbered 1, and suspensions of fill operations during emergency
    situations.
      Subsec. (g). Pub. L. 106-469, Sec. 103(14)(D), struck out subsec.
    (g) which required the Secretary to conduct a test program of
    storage of refined petroleum products within the Reserve.
      1995 - Subsec. (g)(7). Pub. L. 104-66 struck out par. (7) which
    read as follows: "No later than January 31, 1994, the Secretary
    shall transmit to the Congress a report on the test program. The
    report shall evaluate the mechanisms demonstrated under the test
    program, other potential mechanisms, and the purchase of
    facilities. The report shall include an assessment of the costs and
    benefits of the various mechanisms. The report shall also make
    recommendations with regard to future storage of refined petroleum
    products and contain drafts of any legislative provisions which the
    Secretary wishes to recommend."
      1992 - Subsec. (d)(2). Pub. L. 102-486, Sec. 1405, redesignated
    cls. (i) to (iii) as pars. (A) to (C), respectively, and struck out
    former par. (A) designation after "(2)".
      Subsec. (h). Pub. L. 102-486, Sec. 1404(a), added subsec. (h).
      1990 - Subsec. (c)(3). Pub. L. 101-383, Sec. 4(b)(1), substituted
    "fiscal year 1994" for "fiscal years 1988 and 1989" and
    "1,000,000,000" for "at least 750,000,000".
      Subsec. (d)(1)(A). Pub. L. 101-383, Sec. 4(c), inserted
    "Government owned facilities of" after "within".
      Subsec. (d)(1)(B). Pub. L. 101-383, Sec. 4(b)(2), inserted before
    period at end "and the Secretary has amended the Strategic
    Petroleum Reserve Plan as required by section 6239(j) of this
    title".
      Subsec. (d)(4). Pub. L. 101-383, Sec. 5(b)(3), added par. (4).
      Subsec. (f). Pub. L. 101-383, Sec. 5(a), added subsec. (f).
      Subsec. (g). Pub. L. 101-548 inserted "with regard to future
    storage of refined petroleum products and" after "recommendations"
    in par. (7).
      Pub. L. 101-383, Sec. 7, added subsec. (g).
      1986 - Subsec. (c)(3). Pub. L. 99-509, Sec. 3202(a), substituted
    "fiscal year 1987 and continuing through fiscal years 1988 and
    1989" for "fiscal year 1986 and continuing through fiscal years
    1987 and 1988", "750,000,000 barrels" for "527,000,000 barrels",
    and "at the highest practicable fill rate achievable, subject to
    the availability of appropriated funds" for "at a level sufficient
    to assure a minimum average annual fill-rate of at least 35,000
    barrels per day in addition to any petroleum products acquired for
    the Reserve to replace petroleum products withdrawn from the
    Reserve as a result of a test drawdown and distribution".
      Pub. L. 99-272, Sec. 7102(a), added par. (3).
      Subsec. (d)(1)(A). Pub. L. 99-509, Sec. 3202(b)(1), substituted
    "750,000,000 barrels" for "527,000,000 barrels".
      Pub. L. 99-272, Sec. 7102(b)(1), substituted "527,000,000
    barrels" for "500,000,000 barrels".
      Subsec. (d)(1)(B). Pub. L. 99-509, Sec. 3202(b)(2), substituted
    "75,000 barrels" for "100,000 barrels", and substituted a period
    for "; or".
      Subsec. (d)(1)(C). Pub. L. 99-509, Sec. 3202(b)(3), struck out
    subpar. (C) which read as follows: "acquisition, transportation,
    and injection activities for the Reserve are being undertaken,
    beginning in fiscal year 1986 and continuing through fiscal years
    1987 and 1988 until the quantity of crude oil in storage within the
    Reserve is at least 527,000,000 barrels, at a level sufficient to
    assure that petroleum products in storage in the Reserve will be
    increased at a minimum annual average rate of at least 35,000
    barrels per day in addition to any petroleum products acquired for
    the Reserve to replace petroleum products withdrawn from the
    Reserve as a result of a test drawdown and distribution".
      Pub. L. 99-272, Sec. 7102(b)(2), added subpar. (C) and struck out
    former subpar. (C) which read as follows: "the fill rate is
    sufficient to attain a level of 500,000,000 barrels by the end of
    the fiscal year during which the fill rate falls below the rate
    established in (B)."
      1985 - Subsec. (d)(1)(C). Pub. L. 99-88 added subpar. (C).
      Subsec. (d)(3). Pub. L. 99-58, Sec. 103(b)(1), added par. (3).
      Subsec. (e)(1)(B). Pub. L. 99-58, Sec. 102(b)(1), (2), inserted
    "and" at end of cl. (i), inserted a period following "to the
    Congress", and struck out "in accordance with section 6422 of this
    title, together with a request for a suspension of such provisions;
    and" in cl. (ii), and struck out cl. (iii) which directed that
    provisions of subsecs. (c) and (d) of this section would not apply
    if a Presidential request for the suspension of such provisions was
    approved by a resolution of each House of Congress within 60 days
    of continuous session after the date of its transmittal in
    accordance with provisions of section 6422 of this title applicable
    to energy conservation contingency plans.
      Subsec. (e)(2). Pub. L. 99-58, Sec. 102(b)(3), substituted "may
    become effective on the day the finding is transmitted to the
    Congress and shall terminate nine months thereafter or on such
    earlier date as is specified in such finding" for "shall take
    effect on the date on which a resolution approving that request is
    adopted by the second House to have so approved that request and
    shall terminate 9 months thereafter, or such earlier date as is
    specified in the request transmitted under paragraph (1)(B)(ii)".
      Subsec. (e)(3), (4). Pub. L. 99-58, Sec. 102(b)(3), (4),
    redesignated par. (4) as (3). Former par. (3), which related to
    application of section 6422 of this title for purposes of par.
    (1)(B), was struck out.
      1982 - Subsec. (c). Pub. L. 97-229, Sec. 4(a)(1), substituted
    provisions directing the President to fill the Strategic Petroleum
    Reserve with petroleum products at a level sufficient to assure an
    increase at an annual rate of at least the minimum required fill
    rate, 300,000 barrels per day, until the quantity of petroleum
    products stored is at least 500,000,000 barrels, allowing for a
    lower minimum required fill rate of 220,000 barrels per day if the
    President finds that compliance with the 300,000 barrels per day
    rate would not be in the national interest, specifying the
    effective period of such a Presidential finding, authorizing a
    higher minimum required rate than the 220,000 barrels per day if
    funds are available in any fiscal year after fiscal year 1982,
    making the Impoundment Control Act of 1974 applicable to funds
    available under section 6247(b) and (e) of this title, and
    providing that, after the Strategic Petroleum Reserve reaches
    500,000,000 barrels, the President shall seek to fill the Reserve
    at an annual rate of at least 300,000 barrels per day of petroleum
    products until the Reserve reaches 750,000,000 barrels for
    provisions directing the President to seek to fill the Strategic
    Petroleum Reserve with crude oil at a level sufficient to assure
    that crude oil in storage will be increased at an average annual
    rate of at least 300,000 barrels per day until the Reserve is at
    least 750,000,000 barrels.
      Subsec. (e)(4). Pub. L. 97-229, Sec. 4(b)(2)(C), substituted
    "petroleum product" for "crude oil".
      1981 - Subsec. (c). Pub. L. 97-35 substituted provisions
    respecting fill operation at a rate of 300,000 barrels per day for
    provisions respecting fill operation at a rate of 100,000 barrels
    per day.
      1980 - Subsec. (c). Pub. L. 96-294, Sec. 801(a), added subsec.
    (c).
      Subsec. (d). Pub. L. 96-294, Sec. 802(a), added subsec. (d).
      Subsec. (e). Pub. L. 96-294, Sec. 803, added subsec. (e).
      1978 - Pub. L. 95-619 substituted "Secretary" for
    "Administrator", meaning Administrator of the Federal Energy
    Administration, wherever appearing.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Section 4(a)(2) of Pub. L. 97-229 provided that: "The amendment
    made by paragraph (1) [amending this section] shall take effect
    July 1, 1982."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 1038 of title X of Pub. L. 97-35 provided that: "The
    provisions of this title [enacting sections 6247, 8341, and 8484 of
    this title, amending this section and sections 6245, 6246, 6831 to
    6833, 6835, 6837 to 6839, 8372, 8421, 8422, and 8803 of this title,
    repealing sections 6834, 6836 and 8341 of this title, and enacting
    provisions set out as notes under sections 6201, 6231, 6247, 7270,
    and 8341 of this title, section 3620 of Title 12, Banks and
    Banking, and section 719e of Title 15, Commerce and Trade] shall
    take effect on the date of enactment of this Act [Aug. 13, 1981]."

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 801(b) of Pub. L. 96-294 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    the date of the enactment of this Act [June 30, 1980], and shall
    apply with respect to the entirety of fiscal year 1981 (and each
    fiscal year thereafter)."
      Section 802(b) of Pub. L. 96-294 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect
    October 1, 1980."

              FILLING STRATEGIC PETROLEUM RESERVE TO CAPACITY          
      Pub. L. 109-58, title III, Sec. 301(e)(1), Aug. 8, 2005, 119
    Stat. 684, provided that: "The Secretary [of Energy] shall, as
    expeditiously as practicable, without incurring excessive cost or
    appreciably affecting the price of petroleum products to consumers,
    acquire petroleum in quantities sufficient to fill the Strategic
    Petroleum Reserve to the 1,000,000,000-barrel capacity authorized
    under section 154(a) of the Energy Policy and Conservation Act (42
    U.S.C. 6234(a)), in accordance with the sections 159 and 160 of
    that Act (42 U.S.C. 6239, 6240)."

            PROCEDURES FOR ACQUISITION OF PETROLEUM FOR RESERVE        
      Pub. L. 109-58, title III, Sec. 301(e)(2)(B), (C), Aug. 8, 2005,
    119 Stat. 684, 685, provided that:
      "(B) Review of requests for deferrals of scheduled deliveries. -
    The procedures developed under section 160(c) of the Energy Policy
    and Conservation Act [42 U.S.C. 6240(c)], as added by subparagraph
    (A), shall include procedures and criteria for the review of
    requests for the deferrals of scheduled deliveries.
      "(C) Deadlines. - The Secretary [of Energy] shall - 
        "(i) propose the procedures required under the amendment made
      by subparagraph (A) [amending this section] not later than 120
      days after the date of enactment of this Act [Aug. 8, 2005];
        "(ii) promulgate the procedures not later than 180 days after
      the date of enactment of this Act; and
        "(iii) comply with the procedures in acquiring petroleum for
      the Reserve effective beginning on the date that is 180 days
      after the date of enactment of this Act."

      SUSPENSION OF TEST PROGRAM REQUIREMENTS DURING FISCAL YEAR 1994  
      Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1406,
    provided in part that requirements of subsec. (g) of this section
    would not apply in fiscal year 1994.

    STUDY AND REPORT ON OIL LEASING AND OTHER ARRANGEMENTS TO FILL SPR
                          TO ONE BILLION BARRELS
      Pub. L. 101-46, Sec. 2, June 30, 1989, 103 Stat. 132, directed
    Secretary of Energy to conduct a study on potential financial
    arrangements, including long-term leasing of crude oil and storage
    facilities, that could be used to provide additional, alternative
    means of financing the filling of the Strategic Petroleum Reserve
    to one billion barrels and directed Secretary to transmit an
    interim report to Committee on Energy and Natural Resources of
    Senate and Committee on Energy and Commerce of House of
    Representatives no later than Oct. 15, 1989, and no later than Feb.
    1, 1990, to transmit to such committees a copy of the preliminary
    written solicitations for proposed alternative financial
    arrangements to assist in filling the Strategic Petroleum Reserve
    to one billion barrels and a final report containing findings and
    conclusions together with a draft of legislative changes necessary
    to authorize the most significant alternative financial
    arrangements.

    EXCHANGE OF AGRICULTURAL PRODUCTS FOR CRUDE OIL TO BE DELIVERED TO
                        STRATEGIC PETROLEUM RESERVE
      Pub. L. 99-190, Sec. 101(d) [title II], Dec. 19, 1985, 99 Stat.
    1224, 1254, provided that: "Notwithstanding any other provision of
    law, the Secretary of Agriculture, at the request of the Secretary
    of Energy, may exchange agricultural products owned by the
    Commodity Credit Corporation for crude oil to be delivered to the
    Strategic Petroleum Reserve: Provided, That the Secretary of Energy
    shall approve the quantity, quality, delivery method, scheduling,
    market value and other aspects of the exchange of such agricultural
    products: Provided further, That if the volume of agricultural
    products to be exchanged has a value in excess of the market value
    of the crude oil acquired by such exchange, then the Secretary of
    Agriculture shall require as part of the terms and conditions of
    the exchange that the party or entity providing such crude oil
    shall agree to purchase, within six months following the exchange,
    current crop commodities or value-added food products from United
    States producers or processors in an amount equal to at least one-
    half the difference between the value of the commodities received
    in exchange and the market value of the crude oil acquired for the
    Strategic Petroleum Reserve."

     ALLOCATION TO STRATEGIC PETROLEUM RESERVE OF LOWER TIER CRUDE OIL
     AND FEDERAL ROYALTY OIL; PROCEDURES APPLICABLE, AUTHORITIES, ETC.
      Section 805 of Pub. L. 96-294 provided that:
      "(a)(1) In order to carry out the requirement of the amendment
    made by section 801 of this Act [amending this section and enacting
    provision set out as a note above] and to carry out the policies
    and objectives established in sections 151 and 160(b)(1) of the
    Energy Policy and Conservation Act (42 U.S.C. 6231 and 6240(b)(1))
    the President shall, within 60 days after the date of the enactment
    of this Act [June 30, 1980], promulgate and make effective an
    amendment to the provisions of the regulation under section 4(a) of
    the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 753(a)]
    relating to entitlements, which has the same effect as allocating
    lower tier crude oil to the Government for storage in the Strategic
    Petroleum Reserve. Such amendment shall not apply with respect to
    crude oil purchased after September 30, 1981, for storage in such
    reserve.
      "(2) The authority provided by this subsection shall be in
    addition to, and shall not be deemed to limit, any other authority
    available to the President under the Emergency Petroleum Allocation
    Act of 1973 [15 U.S.C. 751 et seq.] or any other law.
      "(3) The President or his delegate may promulgate and make
    effective rules or orders to implement this subsection without
    regard to the requirements of section 501 of the Department of
    Energy Organization Act [42 U.S.C. 7191] or any other law or
    regulation specifying procedural requirements.
      "(b) In addition to the requirement under subsection (a), the
    President may direct that - 
        "(1) all or any portion of Federal royalty oil be placed in
      storage in the Reserve,
        "(2) all or any portion of Federal royalty oil be exchanged,
      directly or indirectly, for other crude oil for storage in the
      Reserve, or
        "(3) all or any portion of the proceeds from the sales of
      Federal royalty oil be transferred to the account established
      under subsection (c) for use for the purchase of crude oil for
      the Reserve, as provided in subsection (c).
      "(c)(1) Any proceeds - 
        "(A) from the sale of entitlements received by the Government
      under the amendment to the regulation made under subsection (a),
      and
        "(B) to the extent provided in subsection (b), from the sale of
      Federal royalty oil,
    shall be deposited in a special account which the Secretary of the
    Treasury shall establish on the books of the Treasury of the United
    States.
      "(2)(A) Subject to the provisions of any Act enacted pursuant to
    section 660 of the Department of Energy Organization Act [42 U.S.C.
    7270], such account shall be available (except as provided in
    subparagraph (B)) for use by the Secretary of Energy, without
    fiscal year limitation, for the purchase of crude oil for the
    Strategic Petroleum Reserve, to the extent provided in advance in
    appropriation Acts.
      "(B) Amounts in such account attributable to the proceeds from
    the sale of entitlements under the amendment to the regulation
    under subsection (a) are hereby appropriated for fiscal year 1981
    for acquisition of crude oil for the Strategic Petroleum Reserve
    pursuant to subsection (a).
      "(d) For purposes of this section - 
        "(1) the terms 'entitlements', 'crude oil', and 'allocation'
      shall have the same meaning as those terms have as used in the
      Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et
      seq.] (and the regulation thereunder);
        "(2) the term 'lower tier crude oil' means crude oil which is
      subject to the price ceiling established under section 212.73 of
      title 10, Code of Federal Regulations;
        "(3) the term 'Federal royalty oil' means crude oil which the
      United States is entitled to receive in kind as royalties from
      production on Federal land (as such term is defined in section
      3(10) of the Energy Policy and Conservation Act (42 U.S.C.
      6202(10)); and
        "(4) the term 'proceeds from the sale of Federal royalty oil'
      means that portion of the amounts deposited into the Treasury of
      the United States from the sale of Federal royalty oil which is
      not otherwise required to be disposed of (other than as
      miscellaneous receipts) pursuant to (A) the provisions of section
      35 of the Act of February 25, 1920, as amended (41 Stat. 450; 30
      U.S.C. 191), commonly known as the Mineral Lands Leasing Act, or
      (B) the provisions of any other law."

                RATE OF FILL OF STRATEGIC PETROLEUM RESERVE            
      Pub. L. 96-514, title II, Dec. 12, 1980, 94 Stat. 2976, provided
    in part: "That the President shall immediately seek to undertake,
    and thereafter continue, crude oil acquisition, transportation, and
    injection activities at a level sufficient to assure that crude oil
    storage in the Strategic Petroleum Reserve will be increased to an
    average annual rate of at least 300,000 barrels per day or a
    sustained average annual daily rate of fill which would fully
    utilize appropriated funds: Provided, That the requirements of the
    preceding provision shall be in addition to the provisions of title
    VIII of the Energy Security Act [title VIII of Pub. L. 96-294,
    which amended this section and section 7430 of Title 10, Armed
    Forces, and enacted provisions set out as a note above] and shall
    not affect such provisions of the Energy Security Act in any way."


-EXEC-
              EX. ORD. NO. 12231. STRATEGIC PETROLEUM RESERVE          
      Ex. Ord. No. 12231, Aug. 4, 1980, 45 F.R. 52139, provided:
      By the authority vested in me as President of the United States
    of America by Title VIII of the Energy Security Act (Public Law 96-
    294) [title VIII of Pub. L. 96-294, which amended this section and
    section 7430 of Title 10, Armed Forces, and enacted provisions set
    out as a note above] and by Section 301 of Title 3 of the United
    States Code, and in order to meet the goals and requirements for
    the strategic petroleum reserve, it is hereby ordered as follows:
      1-101. The functions vested in the President by Section 160(c) of
    the Energy Policy and Conservation Act, as amended, are delegated
    to the Secretary of Energy (42 U.S.C. 6240(c); see Section 801 of
    the Energy Security Act).
      1-102. The functions vested in the President by Section 7430(k)
    of Title 10 of the United States Code are delegated to the
    Secretary of Energy (see Section 804(b) of the Energy Security
    Act).
      1-103. The functions vested in the President by Section 805(a) of
    the Energy Security Act [section 805(a) of Pub. L. 96-294, set out
    as a note above] are, consistent with Section 2 of Executive Order
    No. 11790, as amended [set out as a note under section 761 of Title
    15, Commerce and Trade], delegated to the Secretary of Energy.
                                                           Jimmy Carter.

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by a semicolon.


-End-



-CITE-
    42 USC Sec. 6241                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6241. Drawdown and sale of petroleum products

-STATUTE-
    (a) Power of Secretary
      The Secretary may drawdown and sell petroleum products in the
    Reserve only in accordance with the provisions of this section.
    (b), (c) Repealed. Pub. L. 106-469, title I, Sec. 103(15)(C), Nov.
      9, 2000, 114 Stat. 2031
    (d) Presidential finding prerequisite to drawdown and sale
      (1) Drawdown and sale of petroleum products from the Strategic
    Petroleum Reserve may not be made unless the President has found
    drawdown and sale are required by a severe energy supply
    interruption or by obligations of the United States under the
    international energy program.
      (2) For purposes of this section, in addition to the
    circumstances set forth in section 6202(8) of this title, a severe
    energy supply interruption shall be deemed to exist if the
    President determines that - 
        (A) an emergency situation exists and there is a significant
      reduction in supply which is of significant scope and duration;
        (B) a severe increase in the price of petroleum products has
      resulted from such emergency situation; and
        (C) such price increase is likely to cause a major adverse
      impact on the national economy.
    (e) Sales procedures
      (1) The Secretary shall sell petroleum products withdrawn from
    the Strategic Petroleum Reserve at public sale to the highest
    qualified bidder in the amounts, for the period, and after a notice
    of sale considered appropriate by the Secretary, and without regard
    to Federal, State, or local regulations controlling sales of
    petroleum products.
      (2) The Secretary may cancel in whole or in part any offer to
    sell petroleum products as part of any drawdown and sale under this
    section.
    (f) Repealed. Pub. L. 106-469, title I, Sec. 103(15)(C), Nov. 9,
      2000, 114 Stat. 2031
    (g) Directive to carry out test drawdown and sale
      (1) The Secretary shall conduct a continuing evaluation of the
    drawdown and sales procedures. In the conduct of an evaluation, the
    Secretary is authorized to carry out a test drawdown and sale or
    exchange of petroleum products from the Reserve. Such a test
    drawdown and sale or exchange may not exceed 5,000,000 barrels of
    petroleum products.
      (2) Repealed. Pub. L. 106-469, title I, Sec. 103(15)(F)(ii), Nov.
    9, 2000, 114 Stat. 2031.
      (3) At least part of the crude oil that is sold or exchanged
    under this subsection shall be sold or exchanged to or with
    entities that are not part of the Federal Government.
      (4) The Secretary may not sell any crude oil under this
    subsection at a price less than that which the Secretary determines
    appropriate and, in no event, at a price less than 95 percent of
    the sales price, as estimated by the Secretary, of comparable crude
    oil being sold in the same area at the time the Secretary is
    offering crude oil for sale in such area under this subsection.
      (5) The Secretary may cancel any offer to sell or exchange crude
    oil as part of any test under this subsection if the Secretary
    determines that there are insufficient acceptable offers to obtain
    such crude oil.
      (6) In the case of a sale of any petroleum products under this
    subsection, the Secretary shall, to the extent funds are available
    in the SPR Petroleum Account as a result of such sale, acquire
    petroleum products for the Reserve within the 12-month period
    beginning after completion of the sale.
      (7) Rules, regulations, or orders issued in order to carry out
    this subsection which have the applicability and effect of a rule
    as defined in section 551(4) of title 5 shall not be subject to the
    requirements of subchapter II of chapter 5 of such title or to
    section 6393 of this title.
      (8) The Secretary shall transmit to both Houses of the Congress a
    detailed explanation of the test carried out under this subsection.
    Such explanation may be a part of any report made to the President
    and the Congress under section 6245 of this title.
    (h) Prevention or reduction of adverse impact of severe domestic
      energy supply interruptions
      (1) If the President finds that - 
        (A) a circumstance, other than those described in subsection
      (d) of this section, exists that constitutes, or is likely to
      become, a domestic or international energy supply shortage of
      significant scope or duration;
        (B) action taken under this subsection would assist directly
      and significantly in preventing or reducing the adverse impact of
      such shortage; and
        (C) the Secretary of Defense has found that action taken under
      this subsection will not impair national security,

    then the Secretary may, subject to the limitations of paragraph
    (2), draw down and sell petroleum products from the Strategic
    Petroleum Reserve.
      (2) Petroleum products from the Reserve may not be drawn down
    under this subsection - 
        (A) in excess of an aggregate of 30,000,000 barrels with
      respect to each such shortage;
        (B) for more than 60 days with respect to each such shortage;
        (C) if there are fewer than 500,000,000 barrels of petroleum
      product stored in the Reserve; or
        (D) below the level of an aggregate of 500,000,000 barrels of
      petroleum product stored in the Reserve.

      (3) During any period in which there is a drawdown and sale of
    the Reserve in effect under this subsection, the Secretary shall
    transmit a monthly report to the Congress containing an account of
    the drawdown and sale of petroleum products under this subsection
    and an assessment of its effect.
      (4) In no case may the drawdown under this subsection be extended
    beyond 60 days with respect to any domestic energy supply shortage.
    (i) Exchange of withdrawn products
      Notwithstanding any other law, the President may permit any
    petroleum products withdrawn from the Strategic Petroleum Reserve
    in accordance with this section to be sold and delivered for
    refining or exchange outside of the United States, in connection
    with an arrangement for the delivery of refined petroleum products
    to the United States.
    (j) Purchases from Strategic Petroleum Reserve by entities in
      insular areas of United States and Freely Associated States
      (1) Definitions
        In this subsection:
        (A) Binding offer
          The term "binding offer" means a bid submitted by the State
        of Hawaii for an assured award of a specific quantity of
        petroleum product, with a price to be calculated pursuant to
        paragraph (2) of this subsection, that obligates the offeror to
        take title to the petroleum product without further negotiation
        or recourse to withdraw the offer.
        (B) Category of petroleum product
          The term "category of petroleum product" means a master line
        item within a notice of sale.
        (C) Eligible entity
          The term "eligible entity" means an entity that owns or
        controls a refinery that is located within the State of Hawaii.
        (D) Full tanker load
          The term "full tanker load" means a tanker of approximately
        700,000 barrels of capacity, or such lesser tanker capacity as
        may be designated by the State of Hawaii.
        (E) Insular area
          The term "insular area" means the Commonwealth of Puerto
        Rico, the Commonwealth of the Northern Mariana Islands, the
        United States Virgin Islands, Guam, American Samoa, the Freely
        Associated States of the Republic of the Marshall Islands, the
        Federated States of Micronesia, and the Republic of Palau.
        (F) Offering
          The term "offering" means a solicitation for bids for a
        quantity or quantities of petroleum product from the Strategic
        Petroleum Reserve as specified in the notice of sale.
        (G) Notice of sale
          The term "notice of sale" means the document that announces -
        
            (i) the sale of Strategic Petroleum Reserve products;
            (ii) the quantity, characteristics, and location of the
          petroleum product being sold;
            (iii) the delivery period for the sale; and
            (iv) the procedures for submitting offers.
      (2) In general
        In the case of an offering of a quantity of petroleum product
      during a drawdown of the Strategic Petroleum Reserve - 
          (A) the State of Hawaii, in addition to having the
        opportunity to submit a competitive bid, may - 
            (i) submit a binding offer, and shall on submission of the
          offer, be entitled to purchase a category of a petroleum
          product specified in a notice of sale at a price equal to the
          volumetrically weighted average of the successful bids made
          for the remaining quantity of the petroleum product within
          the category that is the subject of the offering; and
            (ii) submit one or more alternative offers, for other
          categories of the petroleum product, that will be binding if
          no price competitive contract is awarded for the category of
          petroleum product on which a binding offer is submitted under
          clause (i); and

          (B) at the request of the Governor of the State of Hawaii, a
        petroleum product purchased by the State of Hawaii at a
        competitive sale or through a binding offer shall have first
        preference in scheduling for lifting.
      (3) Limitation on quantity
        (A) In general
          In administering this subsection, in the case of each
        offering, the Secretary may impose the limitation described in
        subparagraph (B) or (C) that results in the purchase of the
        lesser quantity of petroleum product.
        (B) Portion of quantity of previous imports
          The Secretary may limit the quantity of a petroleum product
        that the State of Hawaii may purchase through a binding offer
        at any offering to 1/12 of the total quantity of imports of the
        petroleum product brought into the State during the previous
        year (or other period determined by the Secretary to be
        representative).
        (C) Percentage of offering
          The Secretary may limit the quantity that may be purchased
        through binding offers at any offering to 3 percent of the
        offering.
      (4) Adjustments
        (A) In general
          Notwithstanding any limitation imposed under paragraph (3),
        in administering this subsection, in the case of each offering,
        the Secretary shall, at the request of the Governor of the
        State of Hawaii, or an eligible entity certified under
        paragraph (7), adjust the quantity to be sold to the State of
        Hawaii in accordance with this paragraph.
        (B) Upward adjustment
          The Secretary shall adjust upward to the next whole number
        increment of a full tanker load if the quantity to be sold is -
        
            (i) less than 1 full tanker load; or
            (ii) greater than or equal to 50 percent of a full tanker
          load more than a whole number increment of a full tanker
          load.
        (C) Downward adjustment
          The Secretary shall adjust downward to the next whole number
        increment of a full tanker load if the quantity to be sold is
        less than 50 percent of a full tanker load more than a whole
        number increment of a full tanker load.
      (5) Delivery to other locations
        The State of Hawaii may enter into an exchange or a processing
      agreement that requires delivery to other locations, if a
      petroleum product of similar value or quantity is delivered to
      the State of Hawaii.
      (6) Standard sales provisions
        Except as otherwise provided in this chapter, the Secretary may
      require the State of Hawaii to comply with the standard sales
      provisions applicable to purchasers of petroleum products at
      competitive sales.
      (7) Eligible entities
        (A) In general
          Subject to subparagraphs (B) and (C) and notwithstanding any
        other provision of this paragraph, if the Governor of the State
        of Hawaii certifies to the Secretary that the State has entered
        into an agreement with an eligible entity to carry out this
        chapter, the eligible entity may act on behalf of the State of
        Hawaii to carry out this subsection.
        (B) Limitation
          The Governor of the State of Hawaii shall not certify more
        than one eligible entity under this paragraph for each notice
        of sale.
        (C) Barred company
          If the Secretary has notified the Governor of the State of
        Hawaii that a company has been barred from bidding (either
        prior to, or at the time that a notice of sale is issued), the
        Governor shall not certify the company under this paragraph.
      (8) Supplies of petroleum products
        At the request of the Governor of an insular area, the
      Secretary shall, for a period not to exceed 180 days following a
      drawdown of the Strategic Petroleum Reserve, assist the insular
      area or the President of a Freely Associated State in its efforts
      to maintain adequate supplies of petroleum products from
      traditional and nontraditional suppliers.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 161, Dec. 22, 1975, 89 Stat. 888;
    Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.
    3288; Pub. L. 99-58, title I, Sec. 103(a), (b)(2), July 2, 1985, 99
    Stat. 103, 104; Pub. L. 101-383, Secs. 3(b), 8, 10, Sept. 15, 1990,
    104 Stat. 727, 735; Pub. L. 102-486, title XIV, Sec. 1401, Oct. 24,
    1992, 106 Stat. 2993; Pub. L. 105-388, Sec. 9(a), Nov. 13, 1998,
    112 Stat. 3482; Pub. L. 106-469, title I, Sec. 103(15), Nov. 9,
    2000, 114 Stat. 2031.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (j)(6), (7)(A), was in the
    original "this Act", meaning Pub. L. 94-163, Dec. 22, 1975, 89
    Stat. 871, as amended, known as the Energy Policy and Conservation
    Act. For complete classification of this Act to the Code, see Short
    Title note set out under section 6201 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-469, Sec. 103(15)(A), substituted "sale of
    petroleum products" for "distribution of the Reserve" in section
    catchline.
      Subsec. (a). Pub. L. 106-469, Sec. 103(15)(B), substituted
    "drawdown and sell petroleum products in" for "drawdown and
    distribute".
      Subsec. (b). Pub. L. 106-469, Sec. 103(15)(C), struck out subsec.
    (b) which read as follows: "Except as provided in subsections (c),
    (f), and (g) of this section, no drawdown and distribution of the
    Reserve may be made except in accordance with the provisions of the
    Distribution Plan contained in the Strategic Petroleum Reserve Plan
    which has taken effect pursuant to section 6239(a) of this title."
      Subsec. (c). Pub. L. 106-469, Sec. 103(15)(C), struck out subsec.
    (c) which read as follows: "Drawdown and distribution of the Early
    Storage Reserve may be made in accordance with the provisions of
    the Distribution Plan contained in the Early Storage Reserve Plan
    until the Strategic Petroleum Reserve Plan has taken effect
    pursuant to section 6239(a) of this title."
      Subsec. (d)(1). Pub. L. 106-469, Sec. 103(15)(D), amended par.
    (1) generally. Prior to amendment, par. (1) read as follows:
    "Neither the Distribution Plan contained in the Strategic Petroleum
    Reserve Plan nor the Distribution Plan contained in the Early
    Storage Reserve Plan may be implemented, and no drawdown and
    distribution of the Reserve or the Early Storage Reserve may be
    made, unless the President has found that implementation of either
    such Distribution Plan is required by a severe energy supply
    interruption or by obligations of the United States under the
    international energy program."
      Subsec. (e). Pub. L. 106-469, Sec. 103(15)(E), amended subsec.
    (e) generally. Prior to amendment, subsec. (e) read as follows:
    "The Secretary may, by rule, provide for the allocation of any
    petroleum product withdrawn from the Strategic Petroleum Reserve in
    amounts specified in (or determined in a manner prescribed by) and
    at prices specified in (or determined in a manner prescribed by)
    such rules. Such price levels and allocation procedures shall be
    consistent with the attainment, to the maximum extent practicable,
    of the objectives specified in section 753(b)(1) of title 15."
      Subsec. (f). Pub. L. 106-469, Sec. 103(15)(C), struck out subsec.
    (f) which read as follows: "The Secretary may permit any importer
    or refiner who owns any petroleum products stored in the Industrial
    Petroleum Reserve pursuant to section 6236 of this title to remove
    or otherwise dispose of such products upon such terms and
    conditions as the Secretary may prescribe."
      Subsec. (g)(1). Pub. L. 106-469, Sec. 103(15)(F)(i), amended par.
    (1) generally. Prior to amendment, par. (1) read as follows: "The
    Secretary shall conduct a continuing evaluation of the Distribution
    Plan. In the conduct of such evaluation, the Secretary is
    authorized to carry out test drawdown and distribution of crude oil
    from the Reserve. If any such test drawdown includes the sale or
    exchange of crude oil, then the aggregate quantity of crude oil
    withdrawn from the Reserve may not exceed 5,000,000 barrels during
    any such test drawdown or distribution."
      Subsec. (g)(2). Pub. L. 106-469, Sec. 103(15)(F)(ii), struck out
    par. (2) which read as follows: "The Secretary shall carry out such
    drawdown and distribution in accordance with the Distribution Plan
    and implementing regulations and contract provisions, modified as
    the Secretary considers appropriate taking into consideration the
    artificialities of a test and the absence of a severe energy supply
    interruption. To meet the requirements of subsections (d) and (e)
    of section 6239 of this title, the Secretary shall transmit any
    such modification of the Plan, along with explanatory and
    supporting material, to both Houses of the Congress no later than
    15 calendar days prior to the offering of any crude oil for sale
    under this subsection."
      Subsec. (g)(4). Pub. L. 106-469, Sec. 103(15)(F)(iii),
    substituted "95 percent" for "90 percent".
      Subsec. (g)(5). Pub. L. 106-469, Sec. 103(15)(F)(iv), substituted
    "test" for "drawdown and distribution".
      Subsec. (g)(6). Pub. L. 106-469, Sec. 103(15)(F)(v), amended par.
    (6) generally. Prior to amendment, par. (6) read as follows:
      "(6)(A) The minimum required fill rate in effect for any fiscal
    year shall be reduced by the amount of any crude oil drawdown from
    the Reserve under this subsection during such fiscal year.
      "(B) In the case of a sale of any crude oil under this
    subsection, the Secretary shall, to the extent funds are available
    in the SPR Petroleum Account as a result of such sale, acquire
    crude oil for the Reserve within the 12-month period beginning
    after the completion of the sale. Such acquisition shall be in
    addition to any acquisition of crude oil for the Reserve required
    as part of a fill rate established by any other provision of law."
      Subsec. (g)(8). Pub. L. 106-469, Sec. 103(15)(F)(vi), substituted
    "test" for "drawdown and distribution".
      Subsec. (h)(1). Pub. L. 106-469, Sec. 103(15)(G)(i), substituted
    "sell petroleum products from" for "distribute" in concluding
    provisions.
      Subsec. (h)(1)(C). Pub. L. 106-469, Sec. 103(15)(G)(ii), added
    subpar. (C).
      Subsec. (h)(2). Pub. L. 106-469, Sec. 103(15)(G)(iii),
    substituted "Petroleum products from the Reserve may not" for "In
    no case may the Reserve" in introductory provisions.
      Subsec. (h)(3). Pub. L. 106-469, Sec. 103(15)(G)(iv), substituted
    "sale" for "distribution" in two places.
      1998 - Subsec. (j). Pub. L. 105-388 added subsec. (j).
      1992 - Subsec. (d). Pub. L. 102-486, Sec. 1401(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (h)(1)(A). Pub. L. 102-486, Sec. 1401(2), inserted "or
    international" after "domestic".
      1990 - Subsec. (g)(1). Pub. L. 101-383, Sec. 8, amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "In order
    to evaluate the implementation of the Distribution Plan, the
    Secretary shall, commencing within 180 days after July 2, 1985,
    carry out a test drawdown and distribution under this subsection
    through the sale or exchange of approximately 1,100,000 barrels of
    crude oil from the Reserve. The requirement of this paragraph shall
    not apply if the President determines, within the 180-day period
    described in the preceding sentence, that implementation of the
    Distribution Plan is required by a severe energy supply
    interruption or by obligations of the United States under the
    international energy program."
      Subsec. (h). Pub. L. 101-383, Sec. 3(b), added subsec. (h).
      Subsec. (i). Pub. L. 101-383, Sec. 10, added subsec. (i).
      1985 - Subsec. (b). Pub. L. 99-58, Sec. 103(b)(2), inserted
    reference to subsec. (g) of this section.
      Subsec. (g). Pub. L. 99-58, Sec. 103(a), added subsec. (g).
      1978 - Subsecs. (a), (e), (f). Pub. L. 95-619 substituted
    "Secretary" for "Administrator", meaning Administrator of the
    Federal Energy Administration, wherever appearing.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-388, Sec. 9(c), Nov. 13, 1998, 112 Stat. 3484,
    provided that: "The amendment made by subsection (a) [amending this
    section] takes effect on the earlier of - 
        "(1) the date that is 180 days after the date of enactment of
      this Act [Nov. 13, 1998]; or
        "(2) the date that final regulations are issued under
      subsection (b) [set out as a note below]."

                                REGULATIONS                            
      Pub. L. 105-388, Sec. 9(b), Nov. 13, 1998, 112 Stat. 3484,
    provided that:
      "(1) In general. - The Secretary of Energy shall issue such
    regulations as are necessary to carry out the amendment made by
    subsection (a) [amending this section].
      "(2) Administrative procedure. - Regulations issued to carry out
    the amendment made by subsection (a) shall not be subject to - 
        "(A) section 523 of the Energy Policy and Conservation Act (42
      U.S.C. 6393); or
        "(B) section 501 of the Department of Energy Organization Act
      (42 U.S.C. 7191)."

-End-



-CITE-
    42 USC Sec. 6242                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6242. Coordination with import quota system

-STATUTE-
      No quantitative restriction on the importation of any petroleum
    product into the United States imposed by law shall apply to
    volumes of any such petroleum product imported into the United
    States for storage in the Reserve.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 162, Dec. 22, 1975, 89 Stat. 889.)

-End-



-CITE-
    42 USC Sec. 6243                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6243. Records and accounts

-STATUTE-
    (a) Preparation and maintenance
      The Secretary may require any person to prepare and maintain such
    records or accounts as the Secretary, by rule, determines necessary
    to carry out the purposes of this part.
    (b) Audit of operations of storage facility
      The Secretary may audit the operations of any storage facility in
    which any petroleum product is stored or required to be stored
    pursuant to the provisions of this part.
    (c) Access to and inspection of records or accounts and storage
      facilities
      The Secretary may require access to, and the right to inspect and
    examine, at reasonable times, (1) any records or accounts required
    to be prepared or maintained pursuant to subsection (a) of this
    section and (2) any storage facilities subject to audit by the
    United States under the authority of this part.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 163, Dec. 22, 1975, 89 Stat. 889;
    Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.
    3288.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-619 substituted "Secretary" for
    "Administrator", meaning Administrator of the Federal Energy
    Administration, wherever appearing.

-End-



-CITE-
    42 USC Sec. 6244                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6244. Repealed.

-MISC1-
    Sec. 6244. Repealed. Pub. L. 106-469, title I, Sec. 103(16), Nov.
      9, 2000, 114 Stat. 2032.
      Section, Pub. L. 94-163, title I, Sec. 164, Dec. 22, 1975, 89
    Stat. 889; Pub. L. 94-258, title I, Sec. 105(a), Apr. 5, 1976, 90
    Stat. 305; Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978,
    92 Stat. 3288, required a report on development of Naval Petroleum
    Reserve Number 4.

-End-



-CITE-
    42 USC Sec. 6245                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6245. Annual report

-STATUTE-
      The Secretary shall report annually to the President and the
    Congress on actions taken to implement this part. This report shall
    include - 
        (1) the status of the physical capacity of the Reserve and the
      type and quantity of petroleum products in the Reserve;
        (2) an estimate of the schedule and cost to complete planned
      equipment upgrade or capital investment in the Reserve, including
      upgrades and investments carried out as part of operational
      maintenance or extension of life activities;
        (3) an identification of any life-limiting conditions or
      operational problems at any Reserve facility, and proposed
      remedial actions including an estimate of the schedule and cost
      of implementing those remedial actions;
        (4) a description of current withdrawal and distribution rates
      and capabilities, and an identification of any operational or
      other limitations on those rates and capabilities;
        (5) a listing of petroleum product acquisitions made in the
      preceding year and planned in the following year, including
      quantity, price, and type of petroleum;
        (6) a summary of the actions taken to develop, operate, and
      maintain the Reserve;
        (7) a summary of the financial status and financial
      transactions of the Strategic Petroleum Reserve and Strategic
      Petroleum Reserve Petroleum Accounts for the year;
        (8) a summary of expenses for the year, and the number of
      Federal and contractor employees;
        (9) the status of contracts for development, operation,
      maintenance, distribution, and other activities related to the
      implementation of this part;
        (10) a summary of foreign oil storage agreements and their
      implementation status;
        (11) any recommendations for supplemental legislation or policy
      or operational changes the Secretary considers necessary or
      appropriate to implement this part.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 165, Dec. 22, 1975, 89 Stat. 889;
    Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.
    3288; Pub. L. 97-35, title X, Sec. 1035(a), Aug. 13, 1981, 95 Stat.
    620; Pub. L. 99-509, title III, Sec. 3203, Oct. 21, 1986, 100 Stat.
    1890; Pub. L. 104-66, title I, Sec. 1051(j), Dec. 21, 1995, 109
    Stat. 717; Pub. L. 106-469, title I, Sec. 103(17), Nov. 9, 2000,
    114 Stat. 2032.)


-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-469 amended section generally. Prior to
    amendment, section required the Secretary to report to the
    President and to Congress, not later than one year after the
    transmittal of the Strategic Petroleum Reserve Plan to the Congress
    and each year thereafter, on all actions taken to implement this
    part.
      1995 - Pub. L. 104-66 struck out subsec. (a) designation before
    "The Secretary shall", and struck out subsec. (b) which directed
    Secretary to report to Congress on activities undertaken with
    respect to Strategic Petroleum Reserve under the amendments made by
    Strategic Petroleum Reserve Amendments Act of 1981.
      1986 - Subsec. (a)(1). Pub. L. 99-509 amended par. (1) generally,
    inserting ", including" in introductory text and adding subpars.
    (A) to (G).
      1981 - Pub. L. 97-35 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1978 - Pub. L. 95-619 substituted "Secretary" for
    "Administrator", meaning Administrator of the Federal Energy
    Administration, wherever appearing.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
    1038 of Pub. L. 97-35, set out as a note under section 6240 of this
    title.

           REPORTS TO CONGRESS ON PETROLEUM SUPPLY INTERRUPTIONS       
      Pub. L. 97-229, Sec. 6, Aug. 3, 1982, 96 Stat. 253, provided
    that:
      "(a) Impact Analysis. - (1) The Secretary of Energy shall analyze
    the impact on the domestic economy and on consumers in the United
    States of reliance on market allocation and pricing during any
    substantial reduction in the amount of petroleum products available
    to the United States. In making such analysis, the Secretary of
    Energy may consult with the Secretary of the Treasury, the
    Secretary of Agriculture, the Director of the Office of Management
    and Budget, and the heads of other appropriate Federal agencies.
    Such analysis shall - 
        "(A) examine the equity and efficiency of such reliance,
        "(B) distinguish between the impacts of such reliance on
      various categories of business (including small business and
      agriculture) and on households of different income levels,
        "(C) specify the nature and administration of monetary and
      fiscal policies that would be followed including emergency tax
      cuts, emergency block grants, and emergency supplements to income
      maintenance programs, and
        "(D) describe the likely impact on the distribution of
      petroleum products of State and local laws and regulations
      (including emergency authorities) affecting the distribution of
      petroleum products.
    Such analysis shall include projections of the effect of the
    petroleum supply reduction on the price of motor gasoline, home
    heating oil, and diesel fuel, and on Federal tax revenues, Federal
    royalty receipts, and State and local tax revenues.
      "(2) Within one year after the date of the enactment of this Act
    [Aug. 3, 1982], the Secretary of Energy shall submit a report to
    the Congress and the President containing the analysis required by
    this subsection, including a detailed step-by-step description of
    the procedures by which the policies specified in paragraph (1)(C)
    would be accomplished in an emergency, along with such
    recommendations as the Secretary of Energy deems appropriate.
      "(b) Strategic Petroleum Reserve Drawdown and Distribution
    Report. - The President shall prepare and transmit to the Congress,
    at the time he transmits the drawdown plan pursuant to section 4(c)
    [section 4(c) of Pub. L. 97-229, set out as a note under 42 U.S.C.
    6234], a report containing - 
        "(1) a description of the foreseeable situations (including
      selective and general embargoes, sabotage, war, act of God, or
      accident) which could result in a severe energy supply
      interruption or obligations of the United States arising under
      the international energy program necessitating distributions from
      the Strategic Petroleum Reserve, and
        "(2) a description of the strategy or alternative strategies of
      distribution which could reasonably be used to respond to each
      situation described under paragraph (1), together with the theory
      and justification underlying each such strategy.
    The description of each strategy under paragraph (2) shall include
    an explanation of the methods which would likely be used to
    determine the price and distribution of petroleum products from the
    Reserve in any such distribution, and an explanation of the
    disposition of revenues arising from sales of any such petroleum
    products under the strategy.
      "(c) Regional Reserve Report. - The President or his delegate
    shall submit to the Congress no later than December 31, 1982, a
    report regarding the actions taken to comply with the provisions of
    section 157 of the Energy Policy and Conservation Act (42 U.S.C.
    6237). Such report shall include an analysis of the economic
    benefits and costs of establishing Regional Petroleum Reserves,
    including - 
        "(1) an assessment of the ability to transport petroleum
      products to refiners, distributors, and end users within the
      regions specified in section 157(a) of such Act;
        "(2) the comparative costs of creating and operating Regional
      Petroleum Reserves for such regions as compared to the costs of
      continuing current plans for the Strategic Petroleum Reserve; and
        "(3) a list of potential sites for Regional Petroleum Reserves.
      "(d) Strategic Alcohol Fuel Reserve Report. - The Secretary of
    Energy shall, in consultation with the Secretary of Agriculture,
    prepare and transmit to the Congress no later than December 31,
    1982, a study of the potential for establishing a Strategic Alcohol
    Fuel Reserve.
      "(e) Meaning of Terms. - As used in this section, the terms
    'international energy program', 'petroleum product', 'Reserve',
    'severe energy supply interruption', and 'Strategic Petroleum
    Reserve' have the meanings given such terms in sections 3 and 152
    of the Energy Policy and Conservation Act (42 U.S.C. 6202 and
    6232)."

-End-



-CITE-
    42 USC Sec. 6246                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6246. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Secretary such
    sums as are necessary to carry out this part and part D of this
    subchapter, to remain available until expended.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 166, as added Pub. L. 109-58, title
    III, Sec. 301(a)(1), Aug. 8, 2005, 119 Stat. 683.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 6246, Pub. L. 94-163, title I, Sec. 166, Dec. 22,
    1975, 89 Stat. 890; Pub. L. 95-70, Sec. 4, July 21, 1977, 91 Stat.
    277; Pub. L. 97-35, title X, Sec. 1034(b), Aug. 13, 1981, 95 Stat.
    619; Pub. L. 104-306, Sec. 1(1), Oct. 14, 1996, 110 Stat. 3810;
    Pub. L. 105-177, Sec. 1(1), June 1, 1998, 112 Stat. 105; Pub. L.
    106-64, Sec. 1(1), Oct. 5, 1999, 113 Stat. 511; Pub. L. 106-469,
    title I, Sec. 103(18), Nov. 9, 2000, 114 Stat. 2033; Pub. L. 108-7,
    div. F, title III, Sec. 339(a)(1), Feb. 20, 2003, 117 Stat. 278,
    authorized appropriations for this part, prior to repeal by Pub. L.
    109-58, title III, Sec. 301(a)(1), Aug. 8, 2005, 119 Stat. 683.

-End-



-CITE-
    42 USC Sec. 6247                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6247. SPR Petroleum Account

-STATUTE-
    (a) Establishment
      The Secretary of the Treasury shall establish in the Treasury of
    the United States an account to be known as the "SPR Petroleum
    Account" (hereinafter in this section referred to as the
    "Account").
    (b) Obligation of funds for acquisition, transportation, and
      injection of petroleum products into SPR
      Amounts in the Account may be obligated by the Secretary of
    Energy for the acquisition, transportation, and injection of
    petroleum products into the Strategic Petroleum Reserve, for test
    sales of petroleum products from the Reserve, and for the drawdown,
    sale, and delivery of petroleum products from the Reserve - 
        (1) Repealed. Pub. L. 106-469, title I, Sec. 103(19)(A)(ii),
      Nov. 9, 2000, 114 Stat. 2033;
        (2) in the case of any fiscal year, subject to section 7270 of
      this title, in such aggregate amounts as may be appropriated in
      advance in appropriation Acts; and
        (3) in the case of any fiscal year, notwithstanding section
      7270 of this title, in an aggregate amount equal to the aggregate
      amount of the receipts to the United States from the sale of
      petroleum products in any drawdown and distribution of the
      Strategic Petroleum Reserve under section 6241 of this title,
      including a drawdown and distribution carried out under
      subsection (g) of such section, or from the sale of petroleum
      products under section 6240(f) of this title.

    Funds available to the Secretary of Energy for obligation under
    this subsection may remain available without fiscal year
    limitation.
    (c) Provision and deposit of funds
      The Secretary of the Treasury shall provide and deposit into the
    Account such sums as may be necessary to meet obligations of the
    Secretary of Energy under subsection (b) of this section.
    (d) Off-budgeting procedures
      The Account, the deposits and withdrawals from the Account, and
    the transactions, receipts, obligations, outlays associated with
    such deposits and withdrawals (including petroleum product
    purchases and related transactions), and receipts to the United
    States from the sale of petroleum products in any drawdown and
    distribution of the Strategic Petroleum Reserve under section 6241
    of this title, including a drawdown and distribution carried out
    under subsection (g) of such section, and from the sale of
    petroleum products under section 6240(f) of this title - 
        (1) shall not be included in the totals of the budget of the
      United States Government and shall be exempt from any general
      limitation imposed by statute on expenditures and net lending
      (budget outlays) of the United States; and
        (2) shall not be deemed to be budget authority, spending
      authority, budget outlays, or Federal revenues for purposes of
      title III of Public Law 93-344, as amended [2 U.S.C. 631 et
      seq.].

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 167, as added Pub. L. 97-35, title
    X, Sec. 1034(a)(1), Aug. 13, 1981, 95 Stat. 619; amended Pub. L. 97-
    229, Sec. 4(b)(2)(A), Aug. 3, 1982, 96 Stat. 251; Pub. L. 99-58,
    title I, Sec. 103(b)(3), (4), July 2, 1985, 99 Stat. 104; Pub. L.
    101-383, Sec. 5(b)(1), (2), Sept. 15, 1990, 104 Stat. 729; Pub. L.
    102-486, title XIV, Sec. 1404(b)(1), Oct. 24, 1992, 106 Stat. 2995;
    Pub. L. 106-469, title I, Sec. 103(19), Nov. 9, 2000, 114 Stat.
    2033.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 93-344, as amended, referred to in subsec. (d)(2), is
    Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, known as
    the Congressional Budget and Impoundment Control Act of 1974. Title
    III of that Act is classified generally to subchapter I (Sec. 631
    et seq.) of chapter 17A of Title 2, The Congress. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 621 of Title 2 and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (b). Pub. L. 106-469, Sec. 103(19)(A)(i),
    substituted "for test sales of petroleum products from the Reserve,
    and for the drawdown, sale," for "and the drawdown" in introductory
    provisions.
      Subsec. (b)(1). Pub. L. 106-469, Sec. 103(19)(A)(ii), struck out
    par. (1) which read as follows: "in the case of fiscal year 1982,
    in an aggregate amount, not to exceed $3,900,000,000, as may be
    provided in advance in appropriation Acts;".
      Subsec. (b)(2). Pub. L. 106-469, Sec. 103(19)(A)(iii), struck out
    "after fiscal year 1982" after "any fiscal year".
      Subsec. (e). Pub. L. 106-469, Sec. 103(19)(B), struck out subsec.
    (e) which read as follows:
      "(1) Except as provided in paragraph (2), nothing in this part
    shall be construed to limit the Account from being used to meet
    expenses relating to interim storage facilities for the storage of
    petroleum products for the Strategic Petroleum Reserve.
      "(2) In any fiscal year, amounts in the Account may not be
    obligated for expenses relating to interim storage facilities in
    excess of 10 percent of the total amounts in the Account obligated
    in such fiscal year. If the amount obligated in any fiscal year for
    interim storage expenses is less than the amount of the 10-percent
    limit under the preceding sentence for that fiscal year, then the
    amount of the 10-percent limit applicable in the following fiscal
    year shall be increased by the amount by which the limit exceeded
    the amount obligated for such expenses."
      1992 - Subsec. (d). Pub. L. 102-486 substituted "under subsection
    (g)" for "subsection (g)".
      1990 - Subsec. (b)(3). Pub. L. 101-383, Sec. 5(b)(1), inserted
    before period at end ", or from the sale of petroleum products
    under section 6240(f) of this title".
      Subsec. (d). Pub. L. 101-383, Sec. 5(b)(2), inserted ", and from
    the sale of petroleum products under section 6240(f) of this title"
    after "subsection (g) of such section".
      1985 - Subsec. (b)(3). Pub. L. 99-58, Sec. 103(b)(3), inserted ",
    including a drawdown and distribution carried out under subsection
    (g) of such section" after "section 6241 of this title".
      Subsec. (d). Pub. L. 99-58, Sec. 103(b)(4), inserted ", including
    a drawdown and distribution carried out subsection (g) of such
    section" after "section 6241 of this title" in provisions preceding
    par. (1).
      1982 - Subsec. (e). Pub. L. 97-229 added subsec. (e).

                              EFFECTIVE DATE                          
      Section effective Aug. 13, 1981, see section 1038 of Pub. L. 97-
    35, set out as an Effective Date of 1981 Amendment note under
    section 6240 of this title.

     TRANSFER OF FUNDS TO SPR PETROLEUM ACCOUNT FOR DRAWDOWN AND SALE
                                OPERATIONS
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title II], Nov. 29,
    1999, 113 Stat. 1535, 1501A-180, provided in part: "That the
    Secretary of Energy hereafter may transfer to the SPR Petroleum
    Account such funds as may be necessary to carry out drawdown and
    sale operations of the Strategic Petroleum Reserve initiated under
    section 161 of the Energy Policy and Conservation Act (42 U.S.C.
    6241) from any funds available to the Department of Energy under
    this or any other Act: Provided further, That all funds transferred
    pursuant to this authority must be replenished as promptly as
    possible from oil sale receipts pursuant to the drawdown and sale."

     ACQUISITION, TRANSPORTATION, AND INJECTION OF PETROLEUM PRODUCTS
                   FOR SPR; APPLICABILITY OF SUBSEC. (D)
      Section 1034(c) of Pub. L. 97-35 provided that: "The provisions
    of section 167(d) of such Act, as added by subsection (a) of this
    section [subsec. (d) of this section], shall apply with respect to
    the outlays associated with unexpended balances of appropriations
    made available and obligated as of the end of fiscal year 1981 for
    the acquisition, transportation, and injection of petroleum
    products for the Strategic Petroleum Reserve to the same extent and
    manner as such provisions apply with respect to withdrawals from
    the SPR Petroleum Account."

-End-



-CITE-
    42 USC Sec. 6247a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6247a. Use of underutilized facilities

-STATUTE-
    (a) Authority
      Notwithstanding any other provision of this subchapter, the
    Secretary, by lease or otherwise, for any term and under such other
    conditions as the Secretary considers necessary or appropriate, may
    store in underutilized Strategic Petroleum Reserve facilities
    petroleum product (!1) owned by a foreign government or its
    representative. Petroleum products stored under this section are
    not part of the Strategic Petroleum Reserve and may be exported
    without license from the United States.

    (b) Protection of facilities
      All agreements entered into pursuant to subsection (a) of this
    section shall contain provisions providing for fees to fully
    compensate the United States for all related costs of storage and
    removals of petroleum products (including the proportionate cost of
    replacement facilities necessitated as a result of any withdrawals)
    incurred by the United States on behalf of the foreign government
    or its representative.
    (c) Access to stored oil
      The Secretary shall ensure that agreements to store petroleum
    products for foreign governments or their representatives do not
    impair the ability of the United States to withdraw, distribute, or
    sell petroleum products from the Strategic Petroleum Reserve in
    response to an energy emergency or to the obligations of the United
    States under the Agreement on an International Energy Program.
    (d) Availability of funds
      Funds collected through the leasing of Strategic Petroleum
    Reserve facilities authorized by subsection (a) of this section
    after September 30, 2007, shall be used by the Secretary of Energy
    without further appropriation for the purchase of petroleum
    products for the Strategic Petroleum Reserve.

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

-FOOTNOTE-
    (!1) So in original. Probably should be "products".


-End-



-CITE-
    42 USC Sec. 6247b                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part B - Strategic Petroleum Reserve

-HEAD-
    Sec. 6247b. Purchase of oil from marginal wells

-STATUTE-
    (a) In general
      From amounts authorized under section 6246 of this title, in any
    case in which the price of oil decreases to an amount less than
    $15.00 per barrel (an amount equal to the annual average well head
    price per barrel for all domestic crude oil), adjusted for
    inflation, the Secretary may purchase oil from a marginal well at
    $15.00 per barrel, adjusted for inflation.
    (b) Definition of marginal well
      The term "marginal well" has the same meaning as the definition
    of "stripper well property" in section 613A(c)(6)(E) of title 26.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 169, as added Pub. L. 106-469, title
    III, Sec. 301(a), Nov. 9, 2000, 114 Stat. 2037.)

-End-


-CITE-
    42 USC Part C - Authority To Contract for Petroleum
                     Product Not Owned by United States    01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part C - Authority To Contract for Petroleum Product Not Owned by
              United States                           

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


-MISC1-
                             PRIOR PROVISIONS                         
      A prior part C, consisting of section 6251 of this title, was
    redesignated part E of this subchapter, prior to repeal by Pub. L.
    109-58.

-End-



-CITE-
    42 USC Sec. 6249                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part C - Authority To Contract for Petroleum Product Not Owned by
              United States                           

-HEAD-
    Sec. 6249. Contracting for petroleum product and facilities

-STATUTE-
    (a) In general
      Subject to the other provisions of this part, the Secretary may
    contract - 
        (1) for storage, in otherwise unused Strategic Petroleum
      Reserve facilities, of petroleum product not owned by the United
      States; and
        (2) for storage, in storage facilities other than those of the
      Reserve, of petroleum product either owned or not owned by the
      United States.
    (b) Conditions
      (1) Petroleum product stored pursuant to such a contract shall,
    until the expiration, termination, or other conclusion of the
    contract, be a part of the Reserve and subject to the Secretary's
    authority under part B of this subchapter.
      (2) The Secretary may enter into a contract for storage of
    petroleum product under subsection (a) of this section only if - 
        (A) the Secretary determines (i) that entering into one or more
      contracts under such subsection would achieve benefits comparable
      to the acquisition of an equivalent amount of petroleum product,
      or an equivalent volume of storage capacity, for the Reserve
      under part B of this subchapter, and (ii) that, because of
      budgetary constraints, the acquisition of an equivalent amount of
      petroleum product or volume of storage space for the Reserve
      cannot be accomplished under part B of this subchapter; and
        (B) the Secretary notifies each House of the Congress of the
      determination and identifies in the notification the location,
      type, and ownership of storage and related facilities proposed to
      be included, or the volume, type, and ownership of petroleum
      products proposed to be stored, in the Reserve, and an estimate
      of the proposed benefits.

      (3) A contract entered into under subsection (a) of this section
    shall not limit the discretion of the President or the Secretary to
    conduct a drawdown and sale of petroleum products from the Reserve.
      (4) A contract entered into under subsection (a) of this section
    shall include a provision that the obligation of the United States
    to make payments under the contract in any fiscal year is subject
    to the availability of appropriations.
    (c) Charge for storage
      The Secretary may store petroleum product pursuant to a contract
    entered into under subsection (a)(1) of this section with or
    without charge or may pay a fee for its storage.
    (d) Duration
      Contracts entered into under subsection (a) of this section may
    be of such duration as the Secretary considers necessary or
    appropriate.
    (e) Binding arbitration
      The Secretary may agree to binding arbitration of disputes under
    any contract entered into under subsection (a) of this section.
    (f) Availability of funds
      The Secretary may utilize such funds as are available in the SPR
    Petroleum Account to carry out the activities described in
    subsection (a) of this section, and may obligate and expend such
    funds to carry out such activities, in advance of the receipt of
    petroleum products.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 171, as added Pub. L. 101-383, Sec.
    6(a)(4), Sept. 15, 1990, 104 Stat. 729; amended Pub. L. 102-486,
    title XIV, Sec. 1403, Oct. 24, 1992, 106 Stat. 2994; Pub. L. 106-
    469, title I, Sec. 103(20), Nov. 9, 2000, 114 Stat. 2033.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 171 of Pub. L. 94-163 was renumbered section 191
    and was classified to section 6251 of this title, prior to repeal
    by Pub. L. 109-58.

                                AMENDMENTS                            
      2000 - Subsec. (b)(2)(B). Pub. L. 106-469, Sec. 103(20)(A),
    amended subpar. (B) generally. Prior to amendment, subpar. (B) read
    as follows: "the Secretary notifies each House of the Congress of
    such determination and includes in such notification the same
    information required under section 6234(e) of this title with
    regard to storage and related facilities proposed to be included,
    or petroleum product proposed to be stored, in the Reserve."
      Subsec. (b)(3). Pub. L. 106-469, Sec. 103(20)(B), substituted
    "sale of petroleum products from" for "distribution of".
      1992 - Subsec. (f). Pub. L. 102-486 added subsec. (f).

-End-



-CITE-
    42 USC Sec. 6249a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part C - Authority To Contract for Petroleum Product Not Owned by
              United States                           

-HEAD-
    Sec. 6249a. Implementation

-STATUTE-
    (a), (b) Repealed. Pub. L. 106-469, title I, Sec. 103(21), Nov. 9,
      2000, 114 Stat. 2033
    (c) Legal status regarding other law
      Petroleum product and facilities contracted for under this part
    have the same status as petroleum product and facilities owned by
    the United States for all purposes associated with the exercise of
    the laws of any State or political subdivision thereof.
    (d) Return of product
      At such time as the petroleum product contracted for under this
    part is withdrawn from the Reserve upon the expiration,
    termination, or other conclusion of the contract, such petroleum
    product (or the equivalent quantity of petroleum product withdrawn
    from the Reserve pursuant to the contract) shall be deemed, for
    purposes of determining the extent to which such product is
    thereafter subject to any Federal, State, or local law or
    regulation, not to have left the place where such petroleum product
    was located at the time it was originally committed to a contract
    under this part.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 172, as added Pub. L. 101-383, Sec.
    6(a)(4), Sept. 15, 1990, 104 Stat. 730; amended Pub. L. 106-469,
    title I, Sec. 103(21), Nov. 9, 2000, 114 Stat. 2033.)


-MISC1-
                                AMENDMENTS                            
      2000 - Subsecs. (a), (b). Pub. L. 106-469 struck out subsecs. (a)
    and (b) which read as follows:
      "(a) Amendment to Plan Not Required. - An amendment of the
    Strategic Petroleum Reserve Plan is not required for any action
    taken under this part.
      "(b) Fill Rate Requirement. - For purposes of section 6240(d)(1)
    of this title, any petroleum product stored in the Reserve under
    this part that is removed from the Reserve at the expiration,
    termination, or other conclusion of the agreement shall be
    considered to be part of the Reserve until the beginning of the
    fiscal year following the fiscal year in which the petroleum
    product was removed."

-End-



-CITE-
    42 USC Sec. 6249b                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part C - Authority To Contract for Petroleum Product Not Owned by
              United States                           

-HEAD-
    Sec. 6249b. Repealed.

-MISC1-
    Sec. 6249b. Repealed. Pub. L. 106-469, title I, Sec. 103(22), Nov.
      9, 2000, 114 Stat. 2033.
      Section, Pub. L. 94-163, title I, Sec. 173, as added Pub. L. 101-
    383, Sec. 6(a)(4), Sept. 15, 1990, 104 Stat. 731, related to
    contracts not requiring implementing legislation.

-End-



-CITE-
    42 USC Sec. 6249c                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part C - Authority To Contract for Petroleum Product Not Owned by
              United States                           

-HEAD-
    Sec. 6249c. Contracts for which implementing legislation is needed

-STATUTE-
    (a) In general
      (1) In the case of contracts entered into under this part, and
    amendments to such contracts, for which implementing legislation
    will be needed, the Secretary may transmit an implementing bill to
    both Houses of the Congress.
      (2) In the Senate, any such bill shall be considered in
    accordance with the provisions of this section.
      (3) For purposes of this section - 
        (A) the term "implementing bill" means a bill introduced in
      either House of Congress with respect to one or more contracts or
      amendments to contracts submitted to the House of Representatives
      and the Senate under this section and which contains - 
          (i) a provision approving such contracts or amendments, or
        both; and
          (ii) legislative provisions that are necessary or appropriate
        for the implementation of such contracts or amendments, or
        both; and

        (B) the term "implementing revenue bill" means an implementing
      bill which contains one or more revenue measures by reason of
      which it must originate in the House of Representatives.
    (b) Consultation
      The Secretary shall consult, at the earliest possible time and on
    a continuing basis, with each committee of the House and the Senate
    that has jurisdiction over all matters expected to be affected by
    legislation needed to implement any such contract.
    (c) Effective date
      Each contract and each amendment to a contract for which an
    implementing bill is necessary may become effective only if - 
        (1) the Secretary, not less than 30 days before the day on
      which such contract is entered into, notifies the House of
      Representatives and the Senate of the intention to enter into
      such a contract and promptly thereafter publishes notice of such
      intention in the Federal Register;
        (2) after entering into the contract, the Secretary transmits a
      report to the House of Representatives and to the Senate
      containing a copy of the final text of such contract together
      with - 
          (A) the implementing bill, and an explanation of how the
        implementing bill changes or affects existing law; and
          (B) a statement of the reasons why the contract serves the
        interests of the United States and why the implementing bill is
        required or appropriate to implement the contract; and

        (3) the implementing bill is enacted into law.
    (d) Rules of Senate
      Subsections (e) through (h) of this section are enacted by the
    Congress - 
        (1) as an exercise of the rulemaking power of the Senate, and
      as such they are deemed a part of the rules of the Senate but
      applicable only with respect to the procedure to be followed in
      the Senate in the case of implementing bills and implementing
      revenue bills described in subsection (a) of this section, and
      they supersede other rules only to the extent that they are
      inconsistent therewith; and
        (2) with full recognition of the constitutional right of the
      Senate to change the rules (so far as relating to the procedure
      of the Senate) at any time, in the same manner and to the same
      extent as in the case of any other rule of the Senate.
    (e) Introduction and referral in Senate
      (1) On the day on which an implementing bill is transmitted to
    the Senate under this section, the implementing bill shall be
    introduced (by request) in the Senate by the majority leader of the
    Senate, for himself or herself and the minority leader of the
    Senate, or by Members of the Senate designated by the majority
    leader and minority leader of the Senate.
      (2) If the Senate is not in session on the day on which such an
    agreement is submitted, the implementing bill shall be introduced
    in the Senate, as provided in the (!1) paragraph (1), on the first
    day thereafter on which the Senate is in session.

      (3) Such bills shall be referred by the presiding officer of the
    Senate to the appropriate committee, or, in the case of a bill
    containing provisions within the jurisdiction of two or more
    committees, jointly to such committees for consideration of those
    provisions within their respective jurisdictions.
    (f) Consideration of amendments to implementing bill prohibited in
      Senate
      (1) No amendments to an implementing bill shall be in order in
    the Senate, and it shall not be in order in the Senate to consider
    an implementing bill that originated in the House if such bill
    passed the House containing any amendment to the introduced bill.
      (2) No motion to suspend the application of this subsection shall
    be in order in the Senate; nor shall it be in order in the Senate
    for the Presiding Officer to entertain a request to suspend the
    application of this subsection by unanimous consent.
    (g) Discharge in Senate
      (1) Except as provided in paragraph (3), if the committee or
    committees of the Senate to which an implementing bill has been
    referred have not reported it at the close of the 30th day after
    its introduction, such committee or committees shall be
    automatically discharged from further consideration of the bill,
    and it shall be placed on the appropriate calendar.
      (2) A vote on final passage of the bill shall be taken in the
    Senate on or before the close of the 15th day after the bill is
    reported by the committee or committees to which it was referred or
    after such committee or committees have been discharged from
    further consideration of the bill.
      (3) The provisions of paragraphs (1) and (2) shall not apply in
    the Senate to an implementing revenue bill. An implementing revenue
    bill received from the House shall be, subject to subsection (f)(1)
    of this section, referred to the appropriate committee or
    committees of the Senate. If such committee or committees have not
    reported such bill at the close of the 15th day after its receipt
    by the Senate, such committee or committees shall be automatically
    discharged from further consideration of such bill and it shall be
    placed on the calendar. A vote on final passage of such bill shall
    be taken in the Senate on or before the close of the 15th day after
    such bill is reported by the committee or committees of the Senate
    to which it was referred, or after such committee or committees
    have been discharged from further consideration of such bill.
      (4) For purposes of this subsection, in computing a number of
    days in the Senate, there shall be excluded any day on which the
    Senate is not in session.
    (h) Floor consideration in Senate
      (1) A motion in the Senate to proceed to the consideration of an
    implementing bill shall be privileged and not debatable. An
    amendment to the motion shall not be in order, nor shall it be in
    order to move to reconsider the vote by which the motion is agreed
    to or disagreed to.
      (2) Debate in the Senate on an implementing bill, and all
    debatable motions and appeals in connection therewith, shall be
    limited to not more than 20 hours. The time shall be equally
    divided between, and controlled by, the majority leader and the
    minority leader or their designees.
      (3) Debate in the Senate on any debatable motion or appeal in
    connection with an implementing bill shall be limited to not more
    than one hour to be equally divided between, and controlled by, the
    mover and the manager of the bill, except that in the event the
    manager of the bill is in favor of any such motion or appeal, the
    time in opposition thereto shall be controlled by the minority
    leader or his designee. Such leaders, or either of them, may, from
    time under their control on the passage of an implementing bill,
    allot additional time to any Senator during the consideration of
    any debatable motion or appeal.
      (4) A motion in the Senate to further limit debate is not
    debatable. A motion to recommit an implementing bill is not in
    order.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 174, as added Pub. L. 101-383, Sec.
    6(a)(4), Sept. 15, 1990, 104 Stat. 731.)

-FOOTNOTE-
    (!1) So in original. The word "the" probably should not appear.


-End-


-CITE-
    42 USC Part D - Northeast Home Heating Oil Reserve          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part D - Northeast Home Heating Oil Reserve

-HEAD-
                PART D - NORTHEAST HOME HEATING OIL RESERVE            


-MISC1-
                             PRIOR PROVISIONS                         
      A prior part D, consisting of section 6251 of this title, was
    redesignated part E of this subchapter, prior to repeal by Pub. L.
    109-58.

-End-



-CITE-
    42 USC Sec. 6250                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part D - Northeast Home Heating Oil Reserve

-HEAD-
    Sec. 6250. Establishment

-STATUTE-
      (a) Notwithstanding any other provision of this chapter, the
    Secretary may establish, maintain, and operate in the Northeast a
    Northeast Home Heating Oil Reserve. A Reserve established under
    this part is not a component of the Strategic Petroleum Reserve
    established under part B of this subchapter. A Reserve established
    under this part shall contain no more than 2 million barrels of
    petroleum distillate.
      (b) For the purposes of this part - 
        (1) the term "Northeast" means the States of Maine, New
      Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New
      York, Pennsylvania, and New Jersey;
        (2) the term "petroleum distillate" includes heating oil and
      diesel fuel; and
        (3) the term "Reserve" means the Northeast Home Heating Oil
      Reserve established under this part.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 181, as added Pub. L. 106-469, title
    II, Sec. 201(a)(3), Nov. 9, 2000, 114 Stat. 2034.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as
    amended, known as the Energy Policy and Conservation Act. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 6201 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 181 of Pub. L. 94-163 was renumbered section 191
    and was classified to section 6251 of this title, prior to repeal
    by Pub. L. 109-58.

-End-



-CITE-
    42 USC Sec. 6250a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part D - Northeast Home Heating Oil Reserve

-HEAD-
    Sec. 6250a. Authority

-STATUTE-
      To the extent necessary or appropriate to carry out this part,
    the Secretary may - 
        (1) purchase, contract for, lease, or otherwise acquire, in
      whole or in part, storage and related facilities, and storage
      services;
        (2) use, lease, maintain, sell, or otherwise dispose of storage
      and related facilities acquired under this part;
        (3) acquire by purchase, exchange (including exchange of
      petroleum products from the Strategic Petroleum Reserve or
      received as royalty from Federal lands), lease, or otherwise,
      petroleum distillate for storage in the Northeast Home Heating
      Oil Reserve;
        (4) store petroleum distillate in facilities not owned by the
      United States; and
        (5) sell, exchange, or otherwise dispose of petroleum
      distillate from the Reserve established under this part,
      including to maintain the quality or quantity of the petroleum
      distillate in the Reserve or to maintain the operational
      capability of the Reserve.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 182, as added Pub. L. 106-469, title
    II, Sec. 201(a)(3), Nov. 9, 2000, 114 Stat. 2034.)

-End-



-CITE-
    42 USC Sec. 6250b                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part D - Northeast Home Heating Oil Reserve

-HEAD-
    Sec. 6250b. Conditions for release; plan

-STATUTE-
    (a) Finding
      The Secretary may sell products from the Reserve only upon a
    finding by the President that there is a severe energy supply
    interruption. Such a finding may be made only if he determines that
    - 
        (1) a dislocation in the heating oil market has resulted from
      such interruption; or
        (2) a circumstance, other than that described in paragraph (1),
      exists that constitutes a regional supply shortage of significant
      scope and duration and that action taken under this section would
      assist directly and significantly in reducing the adverse impact
      of such shortage.
    (b) Definition
      For purposes of this section a "dislocation in the heating oil
    market" shall be deemed to occur only when - 
        (1) The price differential between crude oil, as reflected in
      an industry daily publication such as "Platt's Oilgram Price
      Report" or "Oil Daily" and No. 2 heating oil, as reported in the
      Energy Information Administration's retail price data for the
      Northeast, increases by more than 60 percent over its 5-year
      rolling average for the months of mid-October through March
      (considered as a heating season average), and continues for 7
      consecutive days; and
        (2) The price differential continues to increase during the
      most recent week for which price information is available.
    (c) Continuing evaluation
      The Secretary shall conduct a continuing evaluation of the
    residential price data supplied by the Energy Information
    Administration for the Northeast and data on crude oil prices from
    published sources.
    (d) Release of petroleum distillate
      After consultation with the heating oil industry, the Secretary
    shall determine procedures governing the release of petroleum
    distillate from the Reserve. The procedures shall provide that - 
        (1) the Secretary may - 
          (A) sell petroleum distillate from the Reserve through a
        competitive process, or
          (B) enter into exchange agreements for the petroleum
        distillate that results (!1) in the Secretary receiving a
        greater volume of petroleum distillate as repayment than the
        volume provided to the acquirer;


        (2) in all such sales or exchanges, the Secretary shall receive
      revenue or its equivalent in petroleum distillate that provides
      the Department with fair market value. At no time may the oil be
      sold or exchanged resulting in a loss of revenue or value to the
      United States; and
        (3) the Secretary shall only sell or dispose of the oil in the
      Reserve to entities customarily engaged in the sale and
      distribution of petroleum distillate.
    (e) Plan
      Within 45 days of November 9, 2000, the Secretary shall transmit
    to the President and, if the President approves, to the Congress a
    plan describing - 
        (1) the acquisition of storage and related facilities or
      storage services for the Reserve, including the potential use of
      storage facilities not currently in use;
        (2) the acquisition of petroleum distillate for storage in the
      Reserve;
        (3) the anticipated methods of disposition of petroleum
      distillate from the Reserve;
        (4) the estimated costs of establishment, maintenance, and
      operation of the Reserve;
        (5) efforts the Department will take to minimize any potential
      need for future drawdowns and ensure that distributors and
      importers are not discouraged from maintaining and increasing
      supplies to the Northeast; and
        (6) actions to ensure quality of the petroleum distillate in
      the Reserve.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 183, as added Pub. L. 106-469, title
    II, Sec. 201(a)(3), Nov. 9, 2000, 114 Stat. 2035; amended Pub. L.
    109-58, title III, Sec. 301(d), Aug. 8, 2005, 119 Stat. 684.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(1). Pub. L. 109-58 substituted "by more than
    60 percent over its 5-year rolling average for the months of mid-
    October through March (considered as a heating season average)"
    for "by more tan 60 percent over its 5 year rolling average for the
    months of mid-October through March".

-FOOTNOTE-
    (!1) So in original. Probably should be "result".


-End-



-CITE-
    42 USC Sec. 6250c                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part D - Northeast Home Heating Oil Reserve

-HEAD-
    Sec. 6250c. Northeast Home Heating Oil Reserve Account

-STATUTE-
    (a) Establishment
      Upon a decision of the Secretary of Energy to establish a Reserve
    under this part, the Secretary of the Treasury shall establish in
    the Treasury of the United States an account known as the
    "Northeast Home Heating Oil Reserve Account" (referred to in this
    section as the "Account").
    (b) Deposits
      the (!1) Secretary of the Treasury shall deposit in the Account
    any amounts appropriated to the Account and any receipts from the
    sale, exchange, or other disposition of petroleum distillate from
    the Reserve.

    (c) Obligation of amounts
      The Secretary of Energy may obligate amounts in the Account to
    carry out activities under this part without the need for further
    appropriation, and amounts available to the Secretary of Energy for
    obligation under this section shall remain available without fiscal
    year limitation.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 184, as added Pub. L. 106-469, title
    II, Sec. 201(a)(3), Nov. 9, 2000, 114 Stat. 2036.)

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


-End-



-CITE-
    42 USC Sec. 6250d                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part D - Northeast Home Heating Oil Reserve

-HEAD-
    Sec. 6250d. Exemptions

-STATUTE-
      An action taken under this part is not subject to the rulemaking
    requirements of section 6393 of this title, section 7191 of this
    title, or section 553 of title 5.

-SOURCE-
    (Pub. L. 94-163, title I, Sec. 185, as added Pub. L. 106-469, title
    II, Sec. 201(a)(3), Nov. 9, 2000, 114 Stat. 2036.)

-End-



-CITE-
    42 USC Sec. 6250e                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part D - Northeast Home Heating Oil Reserve

-HEAD-
    Sec. 6250e. Repealed.

-MISC1-
    Sec. 6250e. Repealed. Pub. L. 109-58, title III, Sec. 301(a)(2),
      Aug. 8, 2005, 119 Stat. 683.
      Section, Pub. L. 94-163, title I, Sec. 186, as added Pub. L. 106-
    469, title II, Sec. 201(a)(3), Nov. 9, 2000, 114 Stat. 2036;
    amended Pub. L. 108-7, div. F, title III, Sec. 339(a)(2), Feb. 20,
    2003, 117 Stat. 278, authorized appropriations for this part.

-End-


-CITE-
    42 USC Part E - Expiration                                  01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part E - Expiration

-HEAD-
                            PART E - EXPIRATION                        

-End-



-CITE-
    42 USC Sec. 6251                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
    Part E - Expiration

-HEAD-
    Sec. 6251. Repealed.

-MISC1-
    Sec. 6251. Repealed. Pub. L. 109-58, title III, Sec. 301(a)(3),
      Aug. 8, 2005, 119 Stat. 683.
      Section, Pub. L. 94-163, title I, Sec. 191, formerly Sec. 171, as
    added Pub. L. 99-58, title I, Sec. 101(a), July 2, 1985, 99 Stat.
    102; amended Pub. L. 101-46, Sec. 1(1), June 30, 1989, 103 Stat.
    132; Pub. L. 101-262, Sec. 2(b), Mar. 31, 1990, 104 Stat. 124; Pub.
    L. 101-360, Sec. 2(b), Aug. 10, 1990, 104 Stat. 421; renumbered
    Sec. 181 and amended Pub. L. 101-383, Secs. 2(2), 6(a)(3), Sept.
    15, 1990, 104 Stat. 727, 729; Pub. L. 103-406, title I, Sec. 102,
    Oct. 22, 1994, 108 Stat. 4209; Pub. L. 104-306, Sec. 1(2), Oct. 14,
    1996, 110 Stat. 3810; Pub. L. 105-177, Sec. 1(2), June 1, 1998, 112
    Stat. 105; Pub. L. 106-64, Sec. 1(2), Oct. 5, 1999, 113 Stat. 511;
    renumbered Sec. 191 and amended Pub. L. 106-469, title I, Sec.
    103(23), title II, Sec. 201(a)(2), Nov. 9, 2000, 114 Stat. 2033,
    2034; Pub. L. 108-7, div. F, title III, Sec. 339(a)(3), Feb. 20,
    2003, 117 Stat. 278, provided for the expiration of all authority
    under this subchapter at midnight Sept. 30, 2008.

-End-


-CITE-
    42 USC SUBCHAPTER II - STANDBY ENERGY AUTHORITIES           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES

-HEAD-
                SUBCHAPTER II - STANDBY ENERGY AUTHORITIES            

-End-


-CITE-
    42 USC Part A - General Emergency Authorities               01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part A - General Emergency Authorities

-HEAD-
                  PART A - GENERAL EMERGENCY AUTHORITIES              

-End-



-CITE-
    42 USC Secs. 6261 to 6264                                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part A - General Emergency Authorities

-HEAD-
    Secs. 6261 to 6264. Repealed.

-MISC1-
    Secs. 6261 to 6264. Repealed. Pub. L. 106-469, title I, Sec.
      104(1), Nov. 9, 2000, 114 Stat. 2033.
      Section 6261, Pub. L. 94-163, title II, Sec. 201, Dec. 22, 1975,
    89 Stat. 890; Pub. L. 96-102, title I, Secs. 103(b)(1), (c)(1),
    105(a)(1)-(3), (5), Nov. 5, 1979, 93 Stat. 751, 755, 756; H. Res.
    549, Mar. 25, 1980, required the President to transmit to Congress
    energy conservation contingency plans and rationing contingency
    plans and provided requirements for plans to become effective and
    for amendment, approval, and implementation of plans.
      Section 6262, Pub. L. 94-163, title II, Sec. 202, Dec. 22, 1975,
    89 Stat. 892; Pub. L. 96-102, title II, Sec. 231, Nov. 5, 1979, 93
    Stat. 767, provided requirements for energy conservation
    contingency plans.
      Section 6263, Pub. L. 94-163, title II, Sec. 203, Dec. 22, 1975,
    89 Stat. 892; Pub. L. 96-102, title I, Secs. 103(a), (c)(2), 104,
    105(b)(1)-(5), Nov. 5, 1979, 93 Stat. 751, 755, 756, provided
    requirements for rationing contingency plan, and in subsec. (f)
    provided that all authority to carry out a plan would expire on
    same date as authority to issue and enforce rules and orders under
    the Emergency Petroleum Allocation Act of 1973, 15 U.S.C. 751 et
    seq.
      Section 6264, Pub. L. 94-163, title II, Sec. 204, as added Pub.
    L. 99-58, title I, Sec. 104(b), July 2, 1985, 99 Stat. 104,
    provided that except as provided in section 6263(f) of this title,
    authority to carry out the provisions of sections 6261 to 6264 of
    this title and any rule, regulation, or order issued pursuant to
    such sections expired at midnight, June 30, 1985.

-End-


-CITE-
    42 USC Part B - Authorities With Respect to International
                     Energy Program                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part B - Authorities With Respect to International Energy Program

-HEAD-
     PART B - AUTHORITIES WITH RESPECT TO INTERNATIONAL ENERGY PROGRAM 

-End-



-CITE-
    42 USC Sec. 6271                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part B - Authorities With Respect to International Energy Program

-HEAD-
    Sec. 6271. International oil allocations

-STATUTE-
    (a) Authority of President to prescribe rules for implementation of
      obligations of United States relating to international allocation
      of petroleum products; amounts of allocation and prices;
      petroleum products subject to rule; term of rule
      The President may, by rule, require that persons engaged in
    producing, transporting, refining, distributing, or storing
    petroleum products, take such action as he determines to be
    necessary for implementation of the obligations of the United
    States under chapters III and IV of the international energy
    program insofar as such obligations relate to the international
    allocation of petroleum products. Allocation under such rule shall
    be in such amounts and at such prices as are specified in (or
    determined in a manner prescribed by) such rule. Such rule may
    apply to any petroleum product owned or controlled by any person
    described in the first sentence of this subsection who is subject
    to the jurisdiction of the United States, including any petroleum
    product destined, directly or indirectly, for import into the
    United States or any foreign country, or produced in the United
    States. Subject to subsection (b)(2) of this section, such a rule
    shall remain in effect until amended or rescinded by the President.
    (b) Prerequisites to rule taking effect; time rule may be put into
      effect or remain in effect
      (1) No rule under subsection (a) of this section may take effect
    unless the President - 
        (A) has transmitted such rule to the Congress;
        (B) has found that putting such rule into effect is required in
      order to fulfill obligations of the United States under the
      international energy program; and
        (C) has transmitted such finding to the Congress, together with
      a statement of the effective date and manner for exercise of such
      rule.

      (2) No rule under subsection (b) of this section may be put into
    effect or remain in effect after the expiration of 12 months after
    the date such rule was transmitted to Congress under paragraph
    (1)(A).
    (c) Consistency of rule with attainment of objectives specified in
      section 753(b)(1) (!1) of title 15; limitation on authority of
      officers or agencies of United States

      (1) Any rule under this section shall be consistent with the
    attainment, to the maximum extent practicable, of the objectives
    specified in section 753(b)(1) (!1) of title 15.
      (2) No officer or agency of the United States shall have any
    authority, other than authority under this section, to require that
    petroleum products be allocated to other countries for the purpose
    of implementation of the obligations of the United States under the
    international energy program.
    (d) Nonapplicability of export restrictions under other laws
      Neither section 6212 of this title nor section 185(u) of title 30
    shall preclude the allocation and export, to other countries in
    accordance with this section, of petroleum products produced in the
    United States.
    (e) Prerequisites for effectiveness of rule
      No rule under this section may be put into effect unless - 
        (1) an international energy supply emergency, as defined in the
      first sentence of section 6272(k)(1) of this title, is in effect;
      and
        (2) the allocation of available oil referred to in chapter III
      of the international energy program has been activated pursuant
      to chapter IV of such program.

-SOURCE-
    (Pub. L. 94-163, title II, Sec. 251, Dec. 22, 1975, 89 Stat. 894;
    Pub. L. 97-229, Sec. 2(b)(1), Aug. 3, 1982, 96 Stat. 248; Pub. L.
    105-177, Sec. 1(3), June 1, 1998, 112 Stat. 105.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 753 of title 15, referred to in subsec. (c), was omitted
    from the Code pursuant to section 760g of Title 15, Commerce and
    Trade, which provided for the expiration of the President's
    authority under that section on Sept. 30, 1981.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (e)(1). Pub. L. 105-177 substituted reference to
    section 6272(k)(1) for reference to section 6272(l)(1).
      1982 - Subsec. (e). Pub. L. 97-229 added subsec. (e).

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 6272                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part B - Authorities With Respect to International Energy Program

-HEAD-
    Sec. 6272. International voluntary agreements

-STATUTE-
    (a) Exclusiveness of section's requirements
      Effective 90 days after December 22, 1975, the requirements of
    this section shall be the sole procedures applicable to - 
        (1) the development or carrying out of voluntary agreements and
      plans of action to implement the international emergency response
      provisions, and
        (2) the availability of immunity from the antitrust laws with
      respect to the development or carrying out of such voluntary
      agreements and plans of action.
    (b) Prescription by Secretary of standards and procedures for
      developing and carrying out voluntary agreements and plans of
      action
      The Secretary, with the approval of the Attorney General, after
    each of them has consulted with the Federal Trade Commission and
    the Secretary of State, shall prescribe, by rule, standards and
    procedures by which persons engaged in the business of producing,
    transporting, refining, distributing, or storing petroleum products
    may develop and carry out voluntary agreements, and plans of
    action, which are required to implement the international emergency
    response provisions.
    (c) Requirements for standards and procedures
      The standards and procedures prescribed under subsection (b) of
    this section shall include the following requirements:
        (1)(A)(i) Except as provided in clause (ii) or (iii) of this
      subparagraph, meetings held to develop or carry out a voluntary
      agreement or plan of action under this subsection shall permit
      attendance by representatives of committees of Congress and
      interested persons, including all interested segments of the
      petroleum industry, consumers, and the public; shall be preceded
      by timely and adequate notice with identification of the agenda
      of such meeting to the Attorney General, the Federal Trade
      Commission, committees of Congress, and (except during an
      international energy supply emergency with respect to meetings to
      carry out a voluntary agreement or to develop or carry out a plan
      of action) the public; and shall be initiated and chaired by a
      regular full-time Federal employee.
        (ii) Meetings of bodies created by the International Energy
      Agency established by the international energy program need not
      be open to interested persons and need not be initiated and
      chaired by a regular full-time Federal employee.
        (iii) The President, in consultation with the Secretary, the
      Secretary of State, and the Attorney General, may determine that
      a meeting held to carry out a voluntary agreement or to develop
      or carry out a plan of action shall not be open to interested
      persons or that attendance by interested persons may be limited,
      if the President finds that a wider disclosure would be
      detrimental to the foreign policy interests of the United States.
        (B) No meetings may be held to develop or carry out a voluntary
      agreement or plan of action under this section unless a regular
      full-time Federal employee is present.
        (2) Interested persons permitted to attend such a meeting shall
      be afforded an opportunity to present, in writing and orally,
      data, views, and arguments at such meetings, subject to any
      reasonable limitations with respect to the manner of presentation
      of data, views, and arguments as the Secretary may impose.
        (3) A full and complete record, and where practicable a
      verbatim transcript, shall be kept of any meeting held, and a
      full and complete record shall be kept of any communication
      (other than in a meeting) made, between or among participants or
      potential participants, to develop, or carry out a voluntary
      agreement or a plan of action under this section. Such record or
      transcript shall be deposited, together with any agreement
      resulting therefrom, with the Secretary, and shall be available
      to the Attorney General and the Federal Trade Commission. Such
      records or transcripts shall be available for public inspection
      and copying in accordance with section 552 of title 5; except
      that (A) matter may not be withheld from disclosure under section
      552(b) of such title on grounds other than the grounds specified
      in section 552(b)(1), (b)(3), or so much of (b)(4) as relates to
      trade secrets; and (B) in the exercise of authority under section
      552(b)(1), the President shall consult with the Secretary of
      State, the Secretary, and the Attorney General with respect to
      questions relating to the foreign policy interests of the United
      States.
        (4) No provision of this section may be exercised so as to
      prevent representatives of committees of Congress from attending
      meetings to which this section applies, or from having access to
      any transcripts, records, and agreements kept or made under this
      section. Such access to any transcript that is required to be
      kept for any meeting shall be provided as soon as practicable
      (but not later than 14 days) after that meeting.
    (d) Participation of Attorney General and Federal Trade Commission
      in development and carrying out of voluntary agreements and plans
      of action
      (1) The Attorney General and the Federal Trade Commission shall
    participate from the beginning in the development, and when
    practicable, in the carrying out of voluntary agreements and plans
    of action authorized under this section. Each may propose any
    alternative which would avoid or overcome, to the greatest extent
    practicable, possible anticompetitive effects while achieving
    substantially the purposes of this part. A voluntary agreement or
    plan of action under this section may not be carried out unless
    approved by the Attorney General, after consultation with the
    Federal Trade Commission. Prior to the expiration of the period
    determined under paragraph (2), the Federal Trade Commission shall
    transmit to the Attorney General its views as to whether such an
    agreement or plan of action should be approved, and shall publish
    such views in the Federal Register. The Attorney General, in
    consultation with the Federal Trade Commission, the Secretary of
    State, and the Secretary, shall have the right to review, amend,
    modify, disapprove, or revoke, on his own motion or upon the
    request of the Federal Trade Commission or any interested person,
    any voluntary agreement or plan of action at any time, and, if
    revoked, thereby withdraw prospectively any immunity which may be
    conferred by subsection (f) or (j) of this section.
      (2) Any voluntary agreement or plan of action entered into
    pursuant to this section shall be submitted in writing to the
    Attorney General and the Federal Trade Commission 20 days before
    being implemented; except that during an international energy
    supply emergency, the Secretary, subject to approval of the
    Attorney General, may reduce such 20-day period. Any such agreement
    or plan of action shall be available for public inspection and
    copying, except that a plan of action shall be so available only to
    the extent to which records or transcripts are so available as
    provided in the last sentence of subsection (c)(3) of this section.
    Any action taken pursuant to such voluntary agreement or plan of
    action shall be reported to the Attorney General and the Federal
    Trade Commission pursuant to such regulations as shall be
    prescribed under paragraphs (3) and (4) of subsection (e) of this
    section.
      (3) A plan of action may not be approved by the Attorney General
    under this subsection unless such plan (A) describes the types of
    substantive actions which may be taken under the plan, and (B) is
    as specific in its description of proposed substantive actions as
    is reasonable in light of circumstances known at the time of
    approval.
    (e) Monitoring of development and carrying out of voluntary
      agreements and plans of action by Attorney General and Federal
      Trade Commission
      (1) The Attorney General and the Federal Trade Commission shall
    monitor the development and carrying out of voluntary agreements
    and plans of action authorized under this section in order to
    promote competition and to prevent anticompetitive practices and
    effects, while achieving substantially the purposes of this part.
      (2) In addition to any requirement specified under subsections
    (b) and (c) of this section and in order to carry out the purposes
    of this section, the Attorney General, in consultation with the
    Federal Trade Commission and the Secretary, may promulgate rules
    concerning the maintenance of necessary and appropriate records
    related to the development and carrying out of voluntary agreements
    and plans of action authorized pursuant to this section.
      (3) Persons developing or carrying out voluntary agreements and
    plans of action authorized pursuant to this section shall maintain
    such records as are required by rules promulgated under paragraph
    (2). The Attorney General and the Federal Trade Commission shall
    have access to and the right to copy such records at reasonable
    times and upon reasonable notice.
      (4) The Attorney General and the Federal Trade Commission may
    each prescribe such rules as may be necessary or appropriate to
    carry out their respective responsibilities under this section.
    They may both utilize for such purposes and for purposes of
    enforcement any powers conferred upon the Federal Trade Commission
    or the Department of Justice, or both, by the antitrust laws or the
    Antitrust Civil Process Act [15 U.S.C. 1311 et seq.]; and wherever
    any such law refers to "the purposes of this Act" or like terms,
    the reference shall be understood to include this section.
    (f) Defense to civil or criminal antitrust actions
      (1) There shall be available as a defense to any civil or
    criminal action brought under the antitrust laws (or any similar
    State law) in respect to actions taken to develop or carry out a
    voluntary agreement or plan of action by persons engaged in the
    business of producing, transporting, refining, distributing, or
    storing petroleum products (provided that such actions were not
    taken for the purpose of injuring competition) that - 
        (A) such actions were taken - 
          (i) in the course of developing a voluntary agreement or plan
        of action pursuant to this section, or
          (ii) to carry out a voluntary agreement or plan of action
        authorized and approved in accordance with this section, and

        (B) such persons complied with the requirements of this section
      and the rules promulgated hereunder.

      (2) Except in the case of actions taken to develop a voluntary
    agreement or plan of action, the defense provided in this
    subsection shall be available only if the person asserting the
    defense demonstrates that the actions were specified in, or within
    the reasonable contemplation of, an approved voluntary agreement or
    plan of action.
      (3) Persons interposing the defense provided by this subsection
    shall have the burden of proof, except that the burden shall be on
    the person against whom the defense is asserted with respect to
    whether the actions were taken for the purpose of injuring
    competition.
    (g) Acts or practices occurring prior to date of enactment of
      chapter or subsequent to its expiration or repeal
      No provision of this section shall be construed as granting
    immunity for, or as limiting or in any way affecting any remedy or
    penalty which may result from any legal action or proceeding
    arising from, any act or practice which occurred prior to the date
    of enactment of this chapter or subsequent to its expiration or
    repeal.
    (h) Applicability of Defense Production Act of 1950
      Section 2158 of title 50, Appendix, shall not apply to any
    agreement or action undertaken for the purpose of developing or
    carrying out - 
        (1) the international energy program; or
        (2) any allocation, price control, or similar program with
      respect to petroleum products under this chapter.
    (i) Reports by Attorney General and Federal Trade Commission to
      Congress and President
      The Attorney General and the Federal Trade Commission shall each
    submit to the Congress and to the President, at such intervals as
    are appropriate based on significant developments and issues,
    reports on the impact on competition and on small business of
    actions authorized by this section.
    (j) Defense in breach of contract actions
      In any action in any Federal or State court for breach of
    contract, there shall be available as a defense that the alleged
    breach of contract was caused predominantly by action taken during
    an international energy supply emergency to carry out a voluntary
    agreement or plan of action authorized and approved in accordance
    with this section.
    (k) Definitions
      As used in this section and section 6274 of this title:
        (1) The term "international energy supply emergency" means any
      period (A) beginning on any date which the President determines
      allocation of petroleum products to nations participating in the
      international energy program is required by chapters III and IV
      of such program, and (B) ending on a date on which he determines
      that such allocation is no longer required. Such a period may not
      exceed 90 days, but the President may establish one or more
      additional 90-day periods by making anew the determination under
      subparagraph (A) of the preceding sentence. Any determination
      respecting the beginning or end of any such period shall be
      published in the Federal Register.
        (2) The term "international emergency response provisions"
      means - 
          (A) the provisions of the international energy program which
        relate to international allocation of petroleum products and to
        the information system provided in the program; and
          (B) the emergency response measures adopted by the Governing
        Board of the International Energy Agency (including the July
        11, 1984, decision by the Governing Board on "Stocks and Supply
        Disruptions") for - 
            (i) the coordinated drawdown of stocks of petroleum
          products held or controlled by governments; and
            (ii) complementary actions taken by governments during an
          existing or impending international oil supply disruption.
    (l) Applicability of antitrust defense
      The antitrust defense under subsection (f) of this section shall
    not extend to the international allocation of petroleum products
    unless allocation is required by chapters III and IV of the
    international energy program during an international energy supply
    emergency.
    (m) Limitation on new plans of action
      (1) With respect to any plan of action approved by the Attorney
    General after July 2, 1985 - 
        (A) the defenses under subsection (f) and (j) of this section
      shall be applicable to Type 1 activities (as that term is defined
      in the International Energy Agency Emergency Management Manual,
      dated December 1982) only if - 
          (i) the Secretary has transmitted such plan of action to the
        Congress; and
          (ii)(I) 90 calendar days of continuous session have elapsed
        since receipt by the Congress of such transmittal; or
          (II) within 90 calendar days of continuous session after
        receipt of such transmittal, either House of the Congress has
        disapproved a joint resolution of disapproval pursuant to
        subsection (n) of this section; and

        (B) such defenses shall not be applicable to Type 1 activities
      if there has been enacted, in accordance with subsection (n) of
      this section, a joint resolution of disapproval.

      (2) The Secretary may withdraw the plan of action at any time
    prior to adoption of a joint resolution described in subsection
    (n)(3) of this section by either House of Congress.
      (3) For the purpose of this subsection - 
        (A) continuity of session is broken only by an adjournment of
      the Congress sine die at the end of the second session of
      Congress; and
        (B) the days on which either House is not in session because of
      an adjournment of more than three days to a day certain are
      excluded in the computation of the calendar-day period involved.
    (n) Joint resolution of disapproval
      (1)(A) The application of defenses under subsections (f) and (j)
    of this section for Type 1 activities with respect to any plan of
    action transmitted to Congress as described in subsection
    (m)(1)(A)(i) of this section shall be disapproved if a joint
    resolution of disapproval has been enacted into law during the 90-
    day period of continuous session after which such transmission was
    received by the Congress. For the purpose of this subsection, the
    term "joint resolution" means only a joint resolution of either
    House of the Congress as described in paragraph (3).
      (B) After receipt by the Congress of such plan of action, a joint
    resolution of disapproval may be introduced in either House of the
    Congress. Upon introduction in the Senate, the joint resolution
    shall be referred in the Senate immediately to the Committee on
    Energy and Natural Resources of the Senate.
      (2) This subsection is enacted by the Congress - 
        (A) as an exercise of the rulemaking power of the Senate and as
      such it is deemed a part of the rules of the Senate, but
      applicable only with respect to the procedure to be followed in
      the Senate in the case of resolutions described by paragraph (3);
      it supersedes other rules only to the extent that is inconsistent
      therewith; and
        (B) with full recognition of the constitutional right of the
      Senate to change the rules (so far as relating to the procedure
      of the Senate) at any time, in the same manner and to the same
      extent as in the case of any other rule of the Senate.

      (3) The joint resolution disapproving the transmission under
    subsection (m) of this section shall read as follows after the
    resolving clause: "That the Congress of the United States
    disapproves the availability of the defenses pursuant to section
    252 (f) and (j) of the Energy Policy and Conservation Act with
    respect to Type 1 activities under the plan of action submitted to
    the Congress by the Secretary of Energy on        .", the blank
    space therein being filled with the date and year of receipt by the
    Congress of the plan of action transmitted as described in
    subsection (m) of this section.
      (4)(A) If the Committee on Energy and Natural Resources of the
    Senate has not reported a joint resolution referred to it under
    this subsection at the end of 20 calendar days of continuous
    session after its referral, it shall be in order to move either to
    discharge the committee from further consideration of such
    resolution or to discharge the committee from further consideration
    of any other joint resolution which has been referred to the
    committee with respect to such plan of action.
      (B) A motion to discharge shall be highly privileged (except that
    it may not be made after the Committee on Energy and Natural
    Resources has reported a joint resolution with respect to the plan
    of action), and debate thereon shall be limited to not more than
    one hour, to be divided equally between those favoring and those
    opposing the joint resolution. An amendment to the motion shall not
    be in order, and it shall not be in order to move to reconsider the
    vote by which the motion was agreed to or disagreed to.
      (C) If the motion to discharge is agreed to or disagreed to, the
    motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other joint resolution with
    respect to the same transmission.
      (5)(A) When the Committee on Energy and Natural Resources of the
    Senate has reported or has been discharged from further
    consideration of a joint resolution, it shall be in order at any
    time thereafter within the 90-day period following receipt by the
    Congress of the plan of action (even though a previous motion to
    the same effect has been disagreed to) to move to proceed to the
    consideration of such joint resolution. The motion shall be highly
    privileged and shall not be debatable. An amendment to the motion
    shall not be in order, and it shall not be in order to move to
    reconsider a vote by which the motion was agreed to or disagreed
    to.
      (B) Debate on the joint resolution shall be limited to not more
    than 10 hours and final action on the joint resolution shall occur
    immediately following conclusion of such debate. A motion further
    to limit debate shall not be debatable. A motion to recommit such a
    joint resolution shall not be in order, and it shall not be in
    order to move to reconsider the vote by which such a joint
    resolution was agreed to or disagreed to.
      (6)(A) Motions to postpone made with respect to the discharge
    from committee or consideration of a joint resolution, shall be
    decided without debate.
      (B) Appeals from the decision of the Chair relating to the
    application of rules of the Senate to the procedures relating to a
    joint resolution shall be decided without debate.

-SOURCE-
    (Pub. L. 94-163, title II, Sec. 252, Dec. 22, 1975, 89 Stat. 894;
    Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.
    3288; Pub. L. 96-30, June 30, 1979, 93 Stat. 80; Pub. L. 96-94,
    Oct. 31, 1979, 93 Stat. 720; Pub. L. 96-133, Secs. 1, 2, Nov. 30,
    1979, 93 Stat. 1053; Pub. L. 97-5, Mar. 13, 1981, 95 Stat. 7; Pub.
    L. 97-50, Sept. 30, 1981, 95 Stat. 957; Pub. L. 97-163, Apr. 1,
    1982, 96 Stat. 24; Pub. L. 97-190, June 1, 1982, 96 Stat. 106; Pub.
    L. 97-217, July 19, 1982, 96 Stat. 196; Pub. L. 97-229, Sec. 2(a),
    (b)(2), Aug. 3, 1982, 96 Stat. 248; Pub. L. 98-239, Mar. 20, 1984,
    98 Stat. 93; Pub. L. 99-58, title I, Secs. 104(c)(2), (4), 105,
    July 2, 1985, 99 Stat. 105; Pub. L. 104-66, title I, Sec. 1091(g),
    Dec. 21, 1995, 109 Stat. 722; Pub. L. 105-177, Sec. 1(4), June 1,
    1998, 112 Stat. 105.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Antitrust Civil Process Act, referred to in subsec. (e)(4),
    is Pub. L. 87-664, Sept. 19, 1962, 76 Stat. 548, as amended, which
    is classified generally to chapter 34 (Sec. 1311 et seq.) of Title
    15. For complete classification of that Act to the Code, see Short
    Title note set out under section 1311 of Title 15 and Tables.
      The date of enactment of this chapter, referred to in subsec.
    (g), means the date of enactment of Pub. L. 94-163, which was
    approved Dec. 22, 1975.
      This chapter, referred to in subsec. (h)(2), was in the original
    "this Act", meaning Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as
    amended, known as the Energy Policy and Conservation Act. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 6201 of this title and Tables.
      Section 252(f) and (j) of the Energy Policy and Conservation Act,
    referred to in subsection (n)(3), is classified to subsecs. (f) and
    (j) of this section.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsecs. (a)(1), (b). Pub. L. 105-177, Sec. 1(4)(A),
    substituted "international emergency response provisions" for
    "allocation and information provisions of the international energy
    program".
      Subsec. (d)(3). Pub. L. 105-177, Sec. 1(4)(B), substituted
    "circumstances known at the time of approval" for "known
    circumstances".
      Subsec. (e)(2). Pub. L. 105-177, Sec. 1(4)(C), substituted "may"
    for "shall".
      Subsec. (f)(2). Pub. L. 105-177, Sec. 1(4)(D), inserted
    "voluntary agreement or" after "approved".
      Subsec. (h). Pub. L. 105-177, Sec. 1(4)(E), amended subsec. (h)
    generally. Prior to amendment, subsec. (h) read as follows: "Upon
    the expiration of the 90-day period which begins on December 22,
    1975, the provisions of sections 708 and 708A (other than 708A(o))
    of the Defense Production Act of 1950 shall not apply to any
    agreement or action undertaken for the purpose of developing or
    carrying out (1) the international energy program, or (2) any
    allocation, price control, or similar program with respect to
    petroleum products under this chapter or under the Emergency
    Petroleum Allocation Act of 1973. For purposes of section 708(A)(o)
    of the Defense Production Act of 1950, the effective date of the
    provisions of this chapter which relate to international voluntary
    agreements to carry out the International Energy Program shall be
    deemed to be 90 days after December 22, 1975."
      Subsec. (k)(2). Pub. L. 105-177, Sec. 1(4)(F), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "The term
    'allocation and information provisions of the international energy
    program' means the provisions of the international energy program
    which relate to international allocation of petroleum products and
    to the information system provided in such program."
      Subsec. (l). Pub. L. 105-177, Sec. 1(4)(G), amended subsec. (l)
    generally. Prior to amendment, subsec. (l) read as follows: "The
    authority granted by this section shall apply only to the
    development or carrying out of voluntary agreements and plans of
    action to implement chapters III, IV, and V of the international
    energy program."
      1995 - Subsec. (i). Pub. L. 104-66 substituted ", at such
    intervals as are appropriate based on significant developments and
    issues, reports" for ", at least once every 6 months, a report".
      1985 - Subsec. (d)(1). Pub. L. 99-58, Sec. 104(c)(4), substituted
    "subsection (f) or (j)" for "subsection (f) or (k)".
      Subsecs. (j) to (l). Pub. L. 99-58, Sec. 104(c)(2), redesignated
    subsecs. (k) to (m) as (j) to (l). Former subsec. (j), which
    provided that the authority granted by this section would terminate
    at midnight, June 30, 1985, was struck out.
      Subsecs. (m), (n). Pub. L. 99-58, Sec. 105, added subsecs. (m)
    and (n). Former subsec. (m) redesignated (l).
      1984 - Subsec. (j). Pub. L. 98-239 substituted "June 30, 1985"
    for "December 31, 1983".
      1982 - Subsec. (j). Pub. L. 97-229, Sec. 2(a), substituted "at
    midnight December 31, 1983" for "August 1, 1982".
      Pub. L. 97-217 substituted "August 1, 1982" for "July 1, 1982".
      Pub. L. 97-190 substituted "July 1, 1982" for "June 1, 1982".
      Pub. L. 97-163 substituted "June 1, 1982" for "April 1, 1982".
      Subsec. (m). Pub. L. 97-229, Sec. 2(b)(2), added subsec. (m).
      1981 - Subsec. (j). Pub. L. 97-50 substituted "April 1, 1982" for
    "September 30, 1981".
      Pub. L. 97-5 substituted "September 30, 1981" for "March 15,
    1981".
      1979 - Subsec. (c)(4). Pub. L. 96-133, Sec. 2, inserted
    provisions respecting access to transcripts.
      Subsec. (j). Pub. L. 96-133, Sec. 1, substituted "March 15, 1981"
    for "November 30, 1979".
      Pub. L. 96-94 substituted "November 30" for "October 31".
      Pub. L. 96-30 substituted "October 31, 1979" for "June 30, 1979".
      1978 - Subsecs. (b), (c)(1)(A)(iii), (2), (3), (d)(1), (2),
    (e)(2). Pub. L. 95-619 substituted "Secretary" for "Administrator",
    meaning Administrator of the Federal Energy Administration,
    wherever appearing.

    STUDY AND REPORT ON ENERGY POLICY COOPERATION BETWEEN UNITED STATES
                  AND OTHER WESTERN HEMISPHERE COUNTRIES
      Pub. L. 100-373, Sec. 2, July 19, 1988, 102 Stat. 878, directed
    Secretary of Energy, in consultation with Secretary of State and
    Secretary of Commerce, to conduct a study to determine how best to
    enhance cooperation between United States and other countries of
    Western Hemisphere with respect to energy policy including stable
    supplies of, and stable prices for, energy, with Secretary of
    Energy to report results of such study to Congress, propose a
    comprehensive international energy policy for United States
    designed to enhance cooperation between United States and other
    countries of the Western Hemisphere, and recommend such action as
    Secretary deemed necessary to establish and implement such policy.

     REPORT OF IMPLEMENTATION ACTIVITIES UNDER INTERNATIONAL VOLUNTARY
                                AGREEMENTS
      Section 3 of Pub. L. 96-133, directed Secretary of Energy, in
    consultation with Secretary of State, Attorney General, and
    Chairman of Federal Trade Commission, to prepare and submit to
    appropriate committees of Congress, a report concerning actions
    taken by them to carry out provisions of this section, which report
    was to examine and discuss extent to which all, or part, of any
    meeting held in accordance with subsec. (c) of this section to
    carry out a voluntary agreement or to develop or carry out a plan
    of action should be open to interested persons in furtherance of
    provisions of subsec. (c)(1)(A) of this section, policies and
    procedures followed by appropriate Federal agencies in reviewing
    and making public or withholding from the public all, or part, of
    any transcript of any meeting held to develop or carry out a
    voluntary agreement or plan of action under this section and in
    permitting persons, other than citizens of United States, to review
    such transcripts prior to any public disclosure thereof, extent to
    which classification of all, or part, of such transcripts should be
    carried out by one agency, adequacy of actions by responsible
    Federal agencies in insuring that standards and procedures required
    by this section are fully implemented and enforced, including
    monitoring of program concerning any anticompetitive effects, and
    number of personnel, and amount of funds, assigned by each such
    agency to carry out such standards and procedures, actions taken,
    or to be taken, to improve reporting of energy supply data under
    international energy program and to reconcile such reporting with
    similar reporting that is conducted by Department of Energy,
    actions taken, or planned, to improve reporting required by subsec.
    (i) of this section, and other actions under subsec. (i) of this
    section and to transmit such report to such committees within 120
    days after Nov. 30, 1979, and to make such report available to the
    public.

            CLASSIFICATION OF CERTAIN INFORMATION AND MATERIAL        
      For provisions relating to the classification of certain
    information and material obtained from advisory bodies created to
    implement the International Energy Program, see Ex. Ord. No. 11932,
    eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under section
    435 of Title 50, War and National Defense.

-End-



-CITE-
    42 USC Sec. 6273                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part B - Authorities With Respect to International Energy Program

-HEAD-
    Sec. 6273. Advisory committees

-STATUTE-
    (a) Authority of Secretary to establish; applicability of section
      17 of Federal Energy Administration Act of 1974; chairman;
      inclusion of representatives of public; public meetings; notice
      of meeting to Attorney General and Federal Trade Commission;
      attendance and participation of their representatives
      To achieve the purposes of the international energy program with
    respect to international allocation of petroleum products and the
    information system provided in such program, the Secretary may
    provide for the establishment of such advisory committees as he
    determines are necessary. In addition to the requirements specified
    in this section, such advisory committees shall be subject to the
    provisions of section 17 of the Federal Energy Administration Act
    of 1974 [15 U.S.C. 776] (whether or not such Act [15 U.S.C. 761 et
    seq.] or any of its provisions expire or terminate before June 30,
    1985); shall be chaired by a regular full-time Federal employee;
    and shall include representatives of the public. The meetings of
    such committees shall be open to the public. The Attorney General
    and the Federal Trade Commission shall have adequate advance notice
    of any meeting and may have an official representative attend and
    participate in any such meeting.
    (b) Transcript of meetings
      A verbatim transcript shall be kept of such advisory committee
    meetings, and shall be deposited with the Attorney General and the
    Federal Trade Commission. Such transcript shall be made available
    for public inspection and copying in accordance with section 552 of
    title 5, except that matter may not be withheld from disclosure
    under section 552(b) of such title on grounds other than the
    grounds specified in section 552(b)(1), (b)(3), and so much of
    (b)(4) as relates to trade secrets, or pursuant to a determination
    under subsection (c) of this section.
    (c) Suspension of application of certain requirements by President
      The President, after consultation with the Secretary of State,
    the Federal Trade Commission, the Attorney General, and the
    Secretary, may suspend the application of - 
        (1) sections 10 and 11 of the Federal Advisory Committee Act,
        (2) subsections (b) and (c) of section 17 (!1) of the Federal
      Energy Administration Act of 1974,

        (3) the requirement under subsection (a) of this section that
      meetings be open to the public, and
        (4) the second sentence of subsection (b) of this section;

    if the President determines with respect to a particular meeting,
    (A) that such suspension is essential to the developing or carrying
    out of the international energy program, (B) that such suspension
    relates solely to the purpose of international allocation of
    petroleum products and the information system provided in such
    program, and (C) that the meeting deals with matters described in
    section 552(b)(1) of title 5. Such determination by the President
    shall be in writing, shall set forth a detailed explanation of
    reasons justifying the granting of such suspension, and shall be
    published in the Federal Register at a reasonable time prior to the
    effective date of any such suspension.

-SOURCE-
    (Pub. L. 94-163, title II, Sec. 253, Dec. 22, 1975, 89 Stat. 898;
    Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.
    3288.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Energy Administration Act of 1974, referred to in
    subsec. (a), is Pub. L. 93-275, May 7, 1974, 88 Stat. 96, as
    amended, which is classified generally to chapter 16B (Sec. 761 et
    seq.) of Title 15, Commerce and Trade. For complete classification
    of this Act to the Code, see Short Title note set out under section
    761 of Title 15 and Tables.
      Sections 10 and 11 of the Federal Advisory Committee Act,
    referred to in subsec. (c)(1), are sections 10 and 11 of Pub. L. 92-
    463, which are set out in the Appendix to Title 5, Government
    Organization and Employees.
      Section 17 of the Federal Energy Administration Act of 1974,
    referred to in subsec. (c)(2), was classified to section 776 of
    Title 15, Commerce and Trade, prior to repeal by Pub. L. 105-28,
    Sec. 2(b)(2), July 18, 1997, 111 Stat. 245.


-MISC1-
                                AMENDMENTS                            
      1978 - Subsecs. (a), (c). Pub. L. 95-619 substituted "Secretary"
    for "Administrator", meaning Administrator of the Federal Energy
    Administration.

            CLASSIFICATION OF CERTAIN INFORMATION AND MATERIAL        
      For provisions relating to the classification of certain
    information and material obtained from advisory bodies created to
    implement the International Energy Program, see Ex. Ord. No. 11932,
    eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under section
    435 of Title 50, War and National Defense.

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment unless in the case of a committee
    established by the President or an officer of the Federal
    Government, such committee is renewed by appropriate action prior
    to the end of such 2-year period, or in the case of a committee
    established by the Congress, its duration is otherwise provided by
    law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776,
    set out in the Appendix to Title 5, Government Organization and
    Employees.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 6274                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part B - Authorities With Respect to International Energy Program

-HEAD-
    Sec. 6274. Exchange of information with International Energy Agency

-STATUTE-
    (a) Submission of information by Secretary to Secretary of State;
      transmittal to Agency; aggregation and reporting of geological or
      geophysical information, trade secrets, or commercial or
      financial information; availability of such information during
      international energy supply emergency; certification by President
      that Agency has adopted security measures; review of compliance
      of other nations with program; petition to President for changes
      in procedure
      (1) Except as provided in subsections (b) and (c) of this
    section, the Secretary, after consultation with the Attorney
    General, may provide to the Secretary of State, and the Secretary
    of State may transmit to the International Energy Agency
    established by the international energy program, the information
    and data related to the energy industry certified by the Secretary
    of State as required to be submitted under the international energy
    program.
      (2)(A) Except as provided in subparagraph (B) of this paragraph,
    any such information or data which is geological or geophysical
    information or a trade secret or commercial or financial
    information to which section 552(b)(9) or (b)(4) of title 5 applies
    shall, prior to such transmittal, be aggregated, accumulated, or
    otherwise reported in such manner as to avoid, to the fullest
    extent feasible, identification of any person from whom the United
    States obtained such information or data, and in the case of
    geological or geophysical information, a competitive disadvantage
    to such person.
      (B)(i) Notwithstanding subparagraph (A) of this paragraph, during
    an international energy supply emergency, any such information or
    data with respect to the international allocation of petroleum
    products may be made available to the International Energy Agency
    is otherwise authorized to be made available to such Agency by
    paragraph (1) of this subsection.
      (ii) Subparagraph (A) shall not apply to information described in
    subparagraph (A) (other than geological or geophysical information)
    if the President certifies, after opportunity for presentation of
    views by interested persons, that the International Energy Agency
    has adopted and is implementing security measures which assure that
    such information will not be disclosed by such Agency or its
    employees to any person or foreign country without having been
    aggregated, accumulated, or otherwise reported in such manner as to
    avoid identification of any person from whom the United States
    obtained such information or data.
      (3)(A) Within 90 days after December 22, 1975, and periodically
    thereafter, the President shall review the operation of this
    section and shall determine whether other signatory nations to the
    international energy program are transmitting information and data
    to the International Energy Agency in substantial compliance with
    such program. If the President determines that other nations are
    not so complying, paragraph (2)(B)(ii) shall not apply until he
    determines other nations are so complying.
      (B) Any person who believes he has been or will be damaged by the
    transmittal of information or data pursuant to this section shall
    have the right to petition the President and to request changes in
    procedures which will protect such person from any competitive
    damage.
    (b) Halting transmittal of information that would prejudice
      competition, violate antitrust laws, or be inconsistent with
      security interests
      If the President determines that the transmittal of data or
    information pursuant to the authority of this section would
    prejudice competition, violate the antitrust laws, or be
    inconsistent with United States national security interests, he may
    require that such data or information not be transmitted.
    (c) Information protected by statute
      Information and data the confidentiality of which is protected by
    statute shall not be provided by the Secretary to the Secretary of
    State under subsection (a) of this section for transmittal to the
    International Energy Agency, unless the Secretary has obtained the
    specific concurrence of the head of any department or agency which
    has the primary statutory authority for the collection, gathering,
    or obtaining of such information and data. In making a
    determination to concur in providing such information and data, the
    head of any department or agency which has the primary statutory
    authority for the collection, gathering, or obtaining of such
    information and data shall consider the purposes for which such
    information and data were collected, gathered, and obtained, the
    confidentiality provisions of such statutory authority, and the
    international obligations of the United States under the
    international energy program with respect to the transmittal of
    such information and data to an international organization or
    foreign country.
    (d) Continuation of authority to collect data under Energy Supply
      and Environmental Coordination Act and Federal Energy
      Administration Act of 1974
      For the purposes of carrying out the obligations of the United
    States under the international energy program, the authority to
    collect data granted by sections 11 and 13 of the Energy Supply and
    Environmental Coordination Act [15 U.S.C. 796] and the Federal
    Energy Administration Act of 1974 [15 U.S.C. 772], respectively,
    shall continue in full force and effect without regard to the
    provisions of such Acts relating to their expiration.
    (e) Limitation on disclosure contained in other laws
      The authority under this section to transmit information shall be
    subject to any limitations on disclosure contained in other laws,
    except that such authority may be exercised without regard to - 
        (1) section 11(d) of the Energy Supply and Environmental
      Coordination Act of 1974 [15 U.S.C. 796(d)];
        (2) section 14(b) of the Federal Energy Administration Act of
      1974 [15 U.S.C. 773(b)];
        (3) section 12 of the Export Administration Act of 1979 [50
      U.S.C. App. 2411];
        (4) section 9 of title 13;
        (5) section 176a of title 15; and
        (6) section 1905 of title 18.

-SOURCE-
    (Pub. L. 94-163, title II, Sec. 254, Dec. 22, 1975, 89 Stat. 899;
    Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.
    3288; Pub. L. 96-72, Sec. 22(b)(2), Sept. 29, 1979, 93 Stat. 535.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The provisions of such Acts relating to their expiration,
    referred to in subsec. (d), means section 11(g) of Pub. L. 93-319,
    June 22, 1974, 88 Stat. 246, the Energy Supply and Environmental
    Coordination Act, which enacted section 796(g) of Title 15, and
    section 30 of Pub. L. 93-275, May 7, 1974, 88 Stat. 97, the Federal
    Energy Administration Act of 1974, which is set out as a note under
    section 761 of Title 15.


-MISC1-
                                AMENDMENTS                            
      1979 - Subsec. (e)(3). Pub. L. 96-72 substituted "12" for "7" and
    "1979" for "1969".
      1978 - Subsecs. (a)(1), (c). Pub. L. 95-619 substituted
    "Secretary" for "Administrator", meaning Administrator of the
    Federal Energy Administration, wherever appearing.

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

-End-



-CITE-
    42 USC Sec. 6275                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part B - Authorities With Respect to International Energy Program

-HEAD-
    Sec. 6275. Relationship between standby emergency authorities and
      international energy program

-STATUTE-
      The purpose of the Congress in enacting this subchapter is to
    provide standby energy emergency authority to deal with energy
    shortage conditions and to minimize economic dislocations and
    adverse impacts on employment. While the authorities contained in
    this subchapter may, to the extent authorized by this subchapter,
    be used to carry out obligations incurred by the United States in
    connection with the International Energy Program, this subchapter
    shall not be construed in any way as advice and consent,
    ratification, endorsement, or other form of congressional approval
    of the specific terms of such program.

-SOURCE-
    (Pub. L. 94-163, title II, Sec. 255, Dec. 22, 1975, 89 Stat. 900.)

-End-



-CITE-
    42 USC Sec. 6276                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part B - Authorities With Respect to International Energy Program

-HEAD-
    Sec. 6276. Domestic renewable energy industry and related service
      industries

-STATUTE-
    (a) Purpose
      It is the purpose of this section to implement the
    responsibilities of the United States under chapter VII of the
    international energy program with respect to development of
    alternative energy by facilitating the overall abilities of the
    domestic renewable energy industry and related service industries
    to create new markets.
    (b) Evaluation; report to Congress
      (1) Before the later of - 
        (A) 6 months after July 18, 1984, and
        (B) May 31, 1985,

    the Secretary of Commerce shall conduct an evaluation regarding the
    domestic renewable energy industry and related service industries
    and submit a report of his findings to the Congress.
      (2) Such evaluation shall include - 
        (A) an assessment of the technical and commercial status of the
      domestic renewable energy industry and related service industries
      in domestic and foreign markets;
        (B) an assessment of the Federal Government's activities
      affecting commerce in the domestic renewable energy industry and
      related service industries and in consolidating and coordinating
      such activities within the Federal Government; and
        (C) an assessment of the aspects of the domestic renewable
      energy industry and related service industries in which
      improvements must be made to increase the international
      commercialization of such industry.
    (c) Program for enhancing commerce in renewable energy
      technologies; funding
      (1) On the basis of the evaluation under subsection (b) of this
    section, the Secretary of Commerce shall, consistent with existing
    law, establish a program for enhancing commerce in renewable energy
    technologies and consolidating or coordinating existing activities
    for such purpose.
      (2) Such program shall provide for - 
        (A) the broadening of the participation by the domestic
      renewable energy industry and related service industries in such
      activities;
        (B) the promotion of the domestic renewable energy industry and
      related service industries on a worldwide basis;
        (C) the participation by the Federal Government and the
      domestic renewable energy industry and related service industries
      in international standard-setting activities; and
        (D) the establishment of an information program under which - 
          (i) technical information about the domestic renewable energy
        industry and related service industries shall be provided to
        appropriate public and private officials engaged in commerce,
        and to potential end users, including other industry sectors in
        foreign countries such as health care, rural development,
        communications, and refrigeration, and others, and
          (ii) marketing information about export and export financing
        opportunities shall be available to the domestic renewable
        energy industry and related service industries.

      (3) Necessary funds required for carrying out such program shall
    be requested in connection with fiscal years beginning after
    September 30, 1984.
    (d) Interagency working group
      (1) Establishment
        (A) There shall be established an interagency working group
      that, in consultation with the representative industry groups and
      relevant agency heads, shall make recommendations to coordinate
      the actions and programs of the Federal Government affecting
      exports of renewable energy and energy efficiency products and
      services. The interagency working group shall establish a program
      to inform foreign countries of the benefits of policies that
      would increase energy efficiency or would allow facilities that
      use renewable energy to compete effectively with producers of
      energy from nonrenewable sources.
        (B) There shall be established an Interagency Working Subgroup
      on Renewable Energy and an Interagency Working Subgroup on Energy
      Efficiency that shall, in consultation with representative
      industry groups, nonprofit organizations, and relevant Federal
      agencies, make recommendations to coordinate the actions and
      programs of the Federal Government to promote the export of
      domestic renewable energy and energy efficiency products and
      services, respectively.
        (C) The Secretary of Energy, or the Secretary's designee, shall
      chair the interagency working group and each subgroup established
      under this paragraph. The Administrator of the Agency for
      International Development and the Secretary of Commerce, or their
      designees, shall be members of both subgroups established under
      this paragraph. The Secretary shall provide staff for carrying
      out the functions of the interagency working group and each
      subgroup established under this paragraph. The heads of
      appropriate agencies may detail such personnel and may furnish
      such services to such group and subgroups, with or without
      reimbursement, as may be necessary to carry out their functions.
      (2) Duties of the interagency working subgroups
        (A) The interagency working subgroups established under
      paragraph (1)(B), through the member agencies of the interagency
      working group, shall promote the development and application in
      foreign countries of renewable energy and energy efficiency
      products and services, respectively, that - 
          (i) reduce dependence on unreliable sources of energy by
        encouraging the use of sustainable biomass, wind, small-scale
        hydroelectric, solar, geothermal, and other renewable energy
        and energy efficiency products and services; and
          (ii) use hybrid fossil-renewable energy systems.

        (B) In addition, the interagency working subgroups shall
      explore mechanisms for assisting domestic firms, particularly
      small businesses, with the export of their renewable energy and
      energy efficiency products and services and with the
      identification of potential projects.
      (3) Training and assistance
        The interagency working subgroups shall encourage the member
      agencies of the interagency working group to - 
          (A) provide technical training and education for
        international development personnel and local users in their
        own country;
          (B) provide financial and technical assistance to nonprofit
        institutions that support the marketing and export efforts of
        domestic companies that provide renewable energy and energy
        efficiency products and services;
          (C) develop environmentally sustainable renewable energy and
        energy efficiency projects in foreign countries;
          (D) provide technical assistance and training materials to
        loan officers of the World Bank, international lending
        institutions, commercial and energy attaches at embassies of
        the United States and other appropriate personnel in order to
        provide information about renewable energy and energy
        efficiency products and services to foreign governments or
        other potential project sponsors;
          (E) support, through financial incentives, private sector
        efforts to commercialize and export renewable energy and energy
        efficiency products and services; and
          (F) augment budgets for trade and development programs in
        order to support pre-feasibility or feasibility studies for
        projects that utilize renewable energy and energy efficiency
        products and services.
      (4) Study of export promotion practices
        The interagency working group shall conduct a study of
      subsidies, incentives, and policies that foreign countries use to
      promote exports of their own renewable energy and energy
      efficiency technologies and products. Such study shall also
      identify foreign trade barriers to the import of renewable energy
      and energy efficiency technologies and products produced in the
      United States. The interagency working group shall report to the
      appropriate committees of the House of Representatives and the
      Senate the results of such study within 18 months after October
      24, 1992.
    (e) Omitted
    (f) Functions of interagency working group; plan to increase United
      States exports of renewable energy and energy efficiency
      technologies
      (1) The interagency working group shall - 
        (A) establish, in consultation with representatives of affected
      industries, a plan to increase United States exports of renewable
      energy and energy efficiency technologies, and include in such
      plan recommended guidelines for agencies that are represented on
      the working group with respect to the financing of, or other
      actions they can take within their programs to promote, exports
      of such renewable energy and energy efficiency technologies;
        (B) develop, in consultation with representatives of affected
      industries, recommended administrative guidelines for Federal
      export loan programs to simplify application by firms seeking
      export assistance for renewable energy and energy efficiency
      technologies from agencies implementing such programs; and
        (C) recommend specific renewable energy and energy efficiency
      technology markets for primary emphasis by Federal export loan
      programs, development programs, and private sector assistance
      programs.

      (2) The interagency working group shall include a description of
    the plan established under paragraph (1)(A) in no later than the
    second report submitted under subsection (e) (!1) of this section,
    and shall include in subsequent reports a description of any
    modifications to such plan and of the progress in implementing the
    plan.

    (g) Repealed. Pub. L. 102-486, title XII, Sec. 1207(c), Oct. 24,
      1992, 106 Stat. 2963
    (h) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary to implement this part, to remain available until
    expended.

-SOURCE-
    (Pub. L. 94-163, title II, Sec. 256, as added Pub. L. 98-370, Sec.
    2, July 18, 1984, 98 Stat. 1211; amended Pub. L. 101-218, Sec. 7,
    Dec. 11, 1989, 103 Stat. 1867; Pub. L. 102-486, title XII, Secs.
    1207, 1208, Oct. 24, 1992, 106 Stat. 2962, 2964; Pub. L. 104-306,
    Sec. 1(3), Oct. 14, 1996, 110 Stat. 3810; Pub. L. 106-469, title I,
    Sec. 104(2), Nov. 9, 2000, 114 Stat. 2033; Pub. L. 108-7, div. F,
    title III, Sec. 339(b)(1), Feb. 20, 2003, 117 Stat. 278.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (e) of this section, referred to in subsec. (f)(2),
    was omitted from the Code.

-COD-
                               CODIFICATION                           
      Subsec. (e) of this section, which required the interagency
    working group established under subsec. (d) of this section to
    annually report to Congress, describing the actions of each agency
    represented by a member of the working group taken during the
    previous fiscal year to achieve the purposes of such working group
    and of this section and describing the exports of renewable energy
    technology that have occurred as a result of such agency actions,
    terminated, effective May 15, 2000, pursuant to section 3003 of
    Pub. L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance. See, also, the 6th item on page 175 of
    House Document No. 103-7.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (h). Pub. L. 108-7 amended subsec. (h) generally.
    Prior to amendment, subsec. (h) read as follows: "There are
    authorized to be appropriated to the Secretary for purposes of
    carrying out the programs under subsections (d) and (e) of this
    section $10,000,000, to be divided equitably between the
    interagency working subgroups based on program requirements, for
    each of the fiscal years 1993 and 1994, and such sums as may be
    necessary for fiscal year 1995 to carry out the purposes of this
    subtitle. There are authorized to be appropriated for fiscal year
    1997 such sums as may be necessary to carry out this part. There
    are authorized to be appropriated for fiscal years 2000 through
    2003, such sums as may be necessary."
      2000 - Subsec. (h). Pub. L. 106-469 inserted at end "There are
    authorized to be appropriated for fiscal years 2000 through 2003,
    such sums as may be necessary."
      1996 - Subsec. (h). Pub. L. 104-306 inserted at end "There are
    authorized to be appropriated for fiscal year 1997 such sums as may
    be necessary to carry out this part."
      1992 - Subsec. (d). Pub. L. 102-486, Sec. 1207(a), amended
    subsec. (d) generally. Prior to amendment, subsec. (d) read as
    follows:
      "(1) There shall be established an interagency working group
    which, in consultation with the representative industry groups and
    relevant agency heads, shall make recommendations to coordinate the
    actions and programs of the Federal Government affecting commerce
    in renewable energy products and related services. The Secretary of
    Energy shall be the chairman of such group. The heads of
    appropriate agencies may detail such personnel and may furnish such
    services to such working group, with or without reimbursement, as
    may be necessary to carry out its functions.
      "(2) The interagency group shall establish a program to inform
    other countries of the benefits of policies that would allow small
    facilities which produce renewable energy to compete effectively
    with producers of energy from nonrenewable sources."
      Subsec. (d)(4). Pub. L. 102-486, Sec. 1208, added par. (4).
      Subsec. (f)(1). Pub. L. 102-486, Sec. 1207(b), inserted "and
    energy efficiency" after "renewable energy" wherever appearing.
      Subsec. (g). Pub. L. 102-486, Sec. 1207(c), struck out subsec.
    (g) which read as follows: "For purposes of this section, the term
    'renewable energy' includes energy efficiency to the extent it is a
    part of a renewable energy system or technology."
      Subsec. (h). Pub. L. 102-486, Sec. 1207(d), amended subsec. (h)
    generally. Prior to amendment, subsec. (h) read as follows: "There
    are authorized to be appropriated to the Secretary for activities
    of the interagency working group established under subsection (d)
    of this section not to exceed - 
        "(1) $3,000,000 for fiscal year 1991;
        "(2) $3,300,000 for fiscal year 1992; and
        "(3) $3,600,000 for fiscal year 1993."
      1989 - Subsec. (c)(2)(D)(i). Pub. L. 101-218, Sec. 7(a)(1),
    inserted "and to potential end users, including other industry
    sectors in foreign countries such as health care, rural
    development, communications, and refrigeration, and others," after
    "commerce,".
      Subsec. (c)(2)(D)(ii). Pub. L. 101-218, Sec. 7(a)(2), substituted
    "export and export financing opportunities" for "export
    opportunities".
      Subsec. (d). Pub. L. 101-218, Sec. 7(b), designated existing
    provisions as par. (1) and added par. (2).
      Subsecs. (e) to (h). Pub. L. 101-218, Sec. 7(c), added subsecs.
    (e) to (h).

                              EFFECTIVE DATE                          
      Section 3 of Pub. L. 98-370 provided that: "The amendments made
    by this Act [enacting this section and a provision set out as a
    note under section 6201 of this title] shall take effect on the
    date of the enactment of this Act [July 18, 1984]."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    42 USC Part C - Summer Fill and Fuel Budgeting Programs     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part C - Summer Fill and Fuel Budgeting Programs

-HEAD-
             PART C - SUMMER FILL AND FUEL BUDGETING PROGRAMS         


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58, title III, Sec. 301(b)(1), Aug. 8, 2005,
    119 Stat. 683, added part heading.

                             PRIOR PROVISIONS                         
      A prior part C, consisting of sections 6281 and 6282, was
    repealed by Pub. L. 106-469, title I, Sec. 104(3), Nov. 9, 2000,
    114 Stat. 2033.
      Section 6281, Pub. L. 94-163, title II, Sec. 271, as added Pub.
    L. 97-229, Sec. 3(a), Aug. 3, 1982, 96 Stat. 248, related to
    congressional findings, policy, and purpose.
      Section 6282, Pub. L. 94-163, title II, Sec. 272, as added Pub.
    L. 97-229, Sec. 3(a), Aug. 3, 1982, 96 Stat. 249, related to
    preparation for petroleum supply interruptions.

-End-



-CITE-
    42 USC Sec. 6283                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part C - Summer Fill and Fuel Budgeting Programs

-HEAD-
    Sec. 6283. Summer fill and fuel budgeting programs

-STATUTE-
    (a) Definitions
      In this section:
      (1) Budget contract
        The term "budget contract" means a contract between a retailer
      and a consumer under which the heating expenses of the consumer
      are spread evenly over a period of months.
      (2) Fixed-price contract
        The term "fixed-price contract" means a contract between a
      retailer and a consumer under which the retailer charges the
      consumer a set price for propane, kerosene, or heating oil
      without regard to market price fluctuations.
      (3) Price cap contract
        The term "price cap contract" means a contract between a
      retailer and a consumer under which the retailer charges the
      consumer the market price for propane, kerosene, or heating oil,
      but the cost of the propane, kerosene, or heating oil may exceed
      a maximum amount stated in the contract.
    (b) Assistance
      At the request of the chief executive officer of a State, the
    Secretary shall provide information, technical assistance, and
    funding - 
        (1) to develop education and outreach programs to encourage
      consumers to fill their storage facilities for propane, kerosene,
      and heating oil during the summer months; and
        (2) to promote the use of budget contracts, price cap
      contracts, fixed-price contracts, and other advantageous
      financial arrangements,

    to avoid severe seasonal price increases for and supply shortages
    of those products.
    (c) Preference
      In implementing this section, the Secretary shall give preference
    to States that contribute public funds or leverage private funds to
    develop State summer fill and fuel budgeting programs.
    (d) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    - 
        (1) $25,000,000 for fiscal year 2001; and
        (2) such sums as are necessary for each fiscal year thereafter.

-SOURCE-
    (Pub. L. 94-163, title II, Sec. 273, as added Pub. L. 106-469,
    title VI, Sec. 602(a), Nov. 9, 2000, 114 Stat. 2040; amended Pub.
    L. 109-58, title III, Sec. 301(b)(2), Aug. 8, 2005, 119 Stat. 683.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (e). Pub. L. 109-58 struck out heading and text of
    subsec. (e). Text read as follows: "Section 6285 of this title does
    not apply to this section."

-End-


-CITE-
    42 USC Part D - Expiration                                  01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part D - Expiration

-HEAD-
                            PART D - EXPIRATION                        

-End-



-CITE-
    42 USC Sec. 6285                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
    Part D - Expiration

-HEAD-
    Sec. 6285. Repealed.

-MISC1-
    Sec. 6285. Repealed. Pub. L. 109-58, title III, Sec. 301(b)(3),
      Aug. 8, 2005, 119 Stat. 683.
      Section, Pub. L. 94-163, title II, Sec. 281, as added Pub. L. 99-
    58, title I, Sec. 104(a), July 2, 1985, 99 Stat. 104; amended Pub.
    L. 100-373, Sec. 1, July 19, 1988, 102 Stat. 878; Pub. L. 101-262,
    Sec. 2(c), Mar. 31, 1990, 104 Stat. 124; Pub. L. 101-360, Sec.
    2(c), Aug. 10, 1990, 104 Stat. 421; Pub. L. 101-383, Sec. 2(3),
    Sept. 15, 1990, 104 Stat. 727; Pub. L. 103-406, title I, Sec. 103,
    Oct. 22, 1994, 108 Stat. 4209; Pub. L. 104-306, Sec. 1(4), Oct. 14,
    1996, 110 Stat. 3810; Pub. L. 105-177, Sec. 1(5), June 1, 1998, 112
    Stat. 106; Pub. L. 106-64, Sec. 1(3), Oct. 5, 1999, 113 Stat. 511;
    Pub. L. 106-469, title I, Sec. 104(4), Nov. 9, 2000, 114 Stat.
    2033; Pub. L. 108-7, div. F, title III, Sec. 339(b)(2), Feb. 20,
    2003, 117 Stat. 279, provided for the expiration of all authority
    under this subchapter at midnight Sept. 30, 2008.

-End-


-CITE-
    42 USC SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY

-HEAD-
               SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY           

-End-


-CITE-
    42 USC Part A - Energy Conservation Program for Consumer
                     Products Other Than Automobiles       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY
    Part A - Energy Conservation Program for Consumer Products Other
              Than Automobiles                        

-HEAD-
     PART A - ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER
                             THAN AUTOMOBILES

-COD-
                               CODIFICATION                           
      This part was, in the original, designated part B and has been
    redesignated as part A for purposes of codification.

-End-



-CITE-
    42 USC Sec. 6291                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY
    Part A - Energy Conservation Program for Consumer Products Other
              Than Automobiles                        

-HEAD-
    Sec. 6291. Definitions

-STATUTE-
      For purposes of this part:
        (1) The term "consumer product" means any article (other than
      an automobile, as defined in section 32901(a)(3) of title 49) of
      a type - 
          (A) which in operation consumes, or is designed to consume,
        energy or, with respect to showerheads, faucets, water closets,
        and urinals, water; and
          (B) which, to any significant extent, is distributed in
        commerce for personal use or consumption by individuals;

      without regard to whether such article of such type is in fact
      distributed in commerce for personal use or consumption by an
      individual, except that such term includes fluorescent lamp
      ballasts, general service fluorescent lamps, incandescent
      reflector lamps, showerheads, faucets, water closets, and urinals
      distributed in commerce for personal or commercial use or
      consumption.
        (2) The term "covered product" means a consumer product of a
      type specified in section 6292 of this title.
        (3) The term "energy" means electricity, or fossil fuels. The
      Secretary may, by rule, include other fuels within the meaning of
      the term "energy" if he determines that such inclusion is
      necessary or appropriate to carry out the purposes of this
      chapter.
        (4) The term "energy use" means the quantity of energy directly
      consumed by a consumer product at point of use, determined in
      accordance with test procedures under section 6293 of this title.
        (5) The term "energy efficiency" means the ratio of the useful
      output of services from a consumer product to the energy use of
      such product, determined in accordance with test procedures under
      section 6293 of this title.
        (6) The term "energy conservation standard" means - 
          (A) a performance standard which prescribes a minimum level
        of energy efficiency or a maximum quantity of energy use, or,
        in the case of showerheads, faucets, water closets, and
        urinals, water use, for a covered product, determined in
        accordance with test procedures prescribed under section 6293
        of this title; or
          (B) a design requirement for the products specified in
        paragraphs (6), (7), (8), (10), (15), (16), (17), and (19) of
        section 6292(a) of this title; and

      includes any other requirements which the Secretary may prescribe
      under section 6295(r) of this title.
        (7) The term "estimated annual operating cost" means the
      aggregate retail cost of the energy which is likely to be
      consumed annually, and in the case of showerheads, faucets, water
      closets, and urinals, the aggregate retail cost of water and
      wastewater treatment services likely to be incurred annually, in
      representative use of a consumer product, determined in
      accordance with section 6293 of this title.
        (8) The term "measure of energy consumption" means energy use,
      energy efficiency, estimated annual operating cost, or other
      measure of energy consumption.
        (9) The term "class of covered products" means a group of
      covered products, the functions or intended uses of which are
      similar (as determined by the Secretary).
        (10) The term "manufacture" means to manufacture, produce,
      assemble or import.
        (11) The terms "import" and "importation" mean to import into
      the customs territory of the United States.
        (12) The term "manufacturer" means any person who manufactures
      a consumer product.
        (13) The term "retailer" means a person to whom a consumer
      product is delivered or sold, if such delivery or sale is for
      purposes of sale or distribution in commerce to purchasers who
      buy such product for purposes other than resale.
        (14) The term "distributor" means a person (other than a
      manufacturer or retailer) to whom a consumer product is delivered
      or sold for purposes of distribution in commerce.
        (15)(A) The term "private labeler" means an owner of a brand or
      trademark on the label of a consumer product which bears a
      private label.
        (B) A consumer product bears a private label if (i) such
      product (or its container) is labeled with the brand or trademark
      of a person other than a manufacturer of such product, (ii) the
      person with whose brand or trademark such product (or container)
      is labeled has authorized or caused such product to be so
      labeled, and (iii) the brand or trademark of a manufacturer of
      such product does not appear on such label.
        (16) The terms "to distribute in commerce" and "distribution in
      commerce" mean to sell in commerce, to import, to introduce or
      deliver for introduction into commerce, or to hold for sale or
      distribution after introduction into commerce.
        (17) The term "commerce" means trade, traffic, commerce, or
      transportation - 
          (A) between a place in a State and any place outside thereof,
        or
          (B) which affects trade, traffic, commerce, or transportation
        described in subparagraph (A).

        (18) The term "Commission" means the Federal Trade Commission.
        (19) The term "AV" is the adjusted volume for refrigerators,
      refrigerator-freezers, and freezers, as defined in the applicable
      test procedure prescribed under section 6293 of this title.
        (20) The term "annual fuel utilization efficiency" means the
      efficiency descriptor for furnaces and boilers, determined using
      test procedures prescribed under section 6293 of this title and
      based on the assumption that all - 
          (A) weatherized warm air furnaces or boilers are located out-
        of-doors;
          (B) warm air furnaces which are not weatherized are located
        indoors and all combustion and ventilation air is admitted
        through grills or ducts from the outdoors and does not
        communicate with air in the conditioned space; and
          (C) boilers which are not weatherized are located within the
        heated space.

        (21) The term "central air conditioner" means a product, other
      than a packaged terminal air conditioner, which - 
          (A) is powered by single phase electric current;
          (B) is air-cooled;
          (C) is rated below 65,000 Btu per hour;
          (D) is not contained within the same cabinet as a furnace the
        rated capacity of which is above 225,000 Btu per hour; and
          (E) is a heat pump or a cooling only unit.

        (22) The term "efficiency descriptor" means the ratio of the
      useful output to the total energy input, determined using the
      test procedures prescribed under section 6293 of this title and
      expressed for the following products in the following terms:
          (A) For furnaces and direct heating equipment, annual fuel
        utilization efficiency.
          (B) For room air conditioners, energy efficiency ratio.
          (C) For central air conditioning and central air conditioning
        heat pumps, seasonal energy efficiency ratio.
          (D) For water heaters, energy factor.
          (E) For pool heaters, thermal efficiency.

        (23) The term "furnace" means a product which utilizes only
      single-phase electric current, or single-phase electric current
      or DC current in conjunction with natural gas, propane, or home
      heating oil, and which - 
          (A) is designed to be the principal heating source for the
        living space of a residence;
          (B) is not contained within the same cabinet with a central
        air conditioner whose rated cooling capacity is above 65,000
        Btu per hour;
          (C) is an electric central furnace, electric boiler, forced-
        air central furnace, gravity central furnace, or low pressure
        steam or hot water boiler; and
          (D) has a heat input rate of less than 300,000 Btu per hour
        for electric boilers and low pressure steam or hot water
        boilers and less than 225,000 Btu per hour for forced-air
        central furnaces, gravity central furnaces, and electric
        central furnaces.

        (24) The terms "heat pump" or "reverse cycle" mean a product,
      other than a packaged terminal heat pump, which - 
          (A) consists of one or more assemblies;
          (B) is powered by single phase electric current;
          (C) is rated below 65,000 Btu per hour;
          (D) utilizes an indoor conditioning coil, compressors, and
        refrigerant-to-outdoor-air heat exchanger to provide air
        heating; and
          (E) may also provide air cooling, dehumidifying, humidifying
        circulating, and air cleaning.

        (25) The term "pool heater" means an appliance designed for
      heating nonpotable water contained at atmospheric pressure,
      including heating water in swimming pools, spas, hot tubs and
      similar applications.
        (26) The term "thermal efficiency of pool heaters" means a
      measure of the heat in the water delivered at the heater outlet
      divided by the heat input of the pool heater as measured under
      test conditions specified in section 2.8.1 of the American
      National Standard for Gas Fired Pool Heaters, Z21.56-1986, or as
      may be prescribed by the Secretary.
        (27) The term "water heater" means a product which utilizes
      oil, gas, or electricity to heat potable water for use outside
      the heater upon demand, including - 
          (A) storage type units which heat and store water at a
        thermostatically controlled temperature, including gas storage
        water heaters with an input of 75,000 Btu per hour or less, oil
        storage water heaters with an input of 105,000 Btu per hour or
        less, and electric storage water heaters with an input of 12
        kilowatts or less;
          (B) instantaneous type units which heat water but contain no
        more than one gallon of water per 4,000 Btu per hour of input,
        including gas instantaneous water heaters with an input of
        200,000 Btu per hour or less, oil instantaneous water heaters
        with an input of 210,000 Btu per hour or less, and electric
        instantaneous water heaters with an input of 12 kilowatts or
        less; and
          (C) heat pump type units, with a maximum current rating of 24
        amperes at a voltage no greater than 250 volts, which are
        products designed to transfer thermal energy from one
        temperature level to a higher temperature level for the purpose
        of heating water, including all ancillary equipment such as
        fans, storage tanks, pumps, or controls necessary for the
        device to perform its function.

        (28) The term "weatherized warm air furnace or boiler" means a
      furnace or boiler designed for installation outdoors, approved
      for resistance to wind, rain, and snow, and supplied with its own
      venting system.
        (29)(A) The term "fluorescent lamp ballast" means a device
      which is used to start and operate fluorescent lamps by providing
      a starting voltage and current and limiting the current during
      normal operation.
        (B) The term "ANSI standard" means a standard developed by a
      committee accredited by the American National Standards
      Institute.
        (C) The term "ballast efficacy factor" means the relative light
      output divided by the power input of a fluorescent lamp ballast,
      as measured under test conditions specified in ANSI standard
      C82.2-1984, or as may be prescribed by the Secretary.
        (D)(i) The term "F40T12 lamp" means a nominal 40 watt tubular
      fluorescent lamp which is 48 inches in length and one-and-a-half
      inches in diameter, and conforms to ANSI standard C78.81-2003
      (Data Sheet 7881-ANSI-1010-1).
        (ii) The term "F96T12 lamp" means a nominal 75 watt tubular
      fluorescent lamp which is 96 inches in length and one-and-a-half
      inches in diameter, and conforms to ANSI standard C78.81-2003
      (Data Sheet 7881-ANSI-3007-1).
        (iii) The term "F96T12HO lamp" means a nominal 110 watt tubular
      fluorescent lamp which is 96 inches in length and one-and-a-half
      inches in diameter, and conforms to ANSI standard C78.81-2003
      (Data Sheet 7881-ANSI-1019-1).
        (E) The term "input current" means the root-mean-square (RMS)
      current in amperes delivered to a fluorescent lamp ballast.
        (F) The term "luminaire" means a complete lighting unit
      consisting of a fluorescent lamp or lamps, together with parts
      designed to distribute the light, to position and protect such
      lamps, and to connect such lamps to the power supply through the
      ballast.
        (G) The term "ballast input voltage" means the rated input
      voltage of a fluorescent lamp ballast.
        (H) The term "nominal lamp watts" means the wattage at which a
      fluorescent lamp is designed to operate.
        (I) The term "power factor" means the power input divided by
      the product of ballast input voltage and input current of a
      fluorescent lamp ballast, as measured under test conditions
      specified in ANSI standard C82.2-1984, or as may be prescribed by
      the Secretary.
        (J) The term "power input" means the power consumption in watts
      of a ballast and fluorescent lamp or lamps, as determined in
      accordance with the test procedures specified in ANSI standard
      C82.2-1984, or as may be prescribed by the Secretary.
        (K) The term "relative light output" means the light output
      delivered through the use of a ballast divided by the light
      output delivered through the use of a reference ballast,
      expressed as a percent, as determined in accordance with the test
      procedures specified in ANSI standard C82.2-1984, or as may be
      prescribed by the Secretary.
        (L) The term "residential building" means a structure or
      portion of a structure which provides facilities or shelter for
      human residency, except that such term does not include any
      multifamily residential structure of more than three stories
      above grade.
        (M) The term "F34T12 lamp" (also known as a "F40T12/ES lamp")
      means a nominal 34 watt tubular fluorescent lamp that is 48
      inches in length and 1 1/2  inches in diameter, and conforms to
      ANSI standard C78.81-2003 (Data Sheet 7881-ANSI-1006-1).
        (N) The term "F96T12/ES lamp" means a nominal 60 watt tubular
      fluorescent lamp that is 96 inches in length and 1 1/2  inches in
      diameter, and conforms to ANSI standard C78.81-2003 (Data Sheet
      7881-ANSI-3006-1).
        (O) The term "F96T12HO/ES lamp" means a nominal 95 watt tubular
      fluorescent lamp that is 96 inches in length and 1 1/2  inches in
      diameter, and conforms to ANSI standard C78.81-2003 (Data Sheet
      7881-ANSI-1017-1).
        (P) The term "replacement ballast" means a ballast that - 
          (i) is designed for use to replace an existing ballast in a
        previously installed luminaire;
          (ii) is marked "FOR REPLACEMENT USE ONLY";
          (iii) is shipped by the manufacturer in packages containing
        not more than 10 ballasts; and
          (iv) has output leads that when fully extended are a total
        length that is less than the length of the lamp with which the
        ballast is intended to be operated.

        (30)(A) Except as provided in subparagraph (E), the term
      "fluorescent lamp" means a low pressure mercury electric-
      discharge source in which a fluorescing coating transforms some
      of the ultraviolet energy generated by the mercury discharge into
      light, including only the following:
          (i) Any straight-shaped lamp (commonly referred to as 4-foot
        medium bi-pin lamps) with medium bi-pin bases of nominal
        overall length of 48 inches and rated wattage of 28 or more.
          (ii) Any U-shaped lamp (commonly referred to as 2-foot U-
        shaped lamps) with medium bi-pin bases of nominal overall
        length between 22 and 25 inches and rated wattage of 28 or
        more.
          (iii) Any rapid start lamp (commonly referred to as 8-foot
        high output lamps) with recessed double contact bases of
        nominal overall length of 96 inches and 0.800 nominal amperes,
        as defined in ANSI C78.1-1978 and related supplements.
          (iv) Any instant start lamp (commonly referred to as 8-foot
        slimline lamps) with single pin bases of nominal overall length
        of 96 inches and rated wattage of 52 or more, as defined in
        ANSI C78.3-1978 (R1984) and related supplement ANSI C78.3a-
        1985.

        (B) The term "general service fluorescent lamp" means
      fluorescent lamps which can be used to satisfy the majority of
      fluorescent applications, but does not include any lamp designed
      and marketed for the following nongeneral lighting applications:
          (i) Fluorescent lamps designed to promote plant growth.
          (ii) Fluorescent lamps specifically designed for cold
        temperature installations.
          (iii) Colored fluorescent lamps.
          (iv) Impact-resistant fluorescent lamps.
          (v) Reflectorized or aperture lamps.
          (vi) Fluorescent lamps designed for use in reprographic
        equipment.
          (vii) Lamps primarily designed to produce radiation in the
        ultra-violet region of the spectrum.
          (viii) Lamps with a color rendering index of 82 or greater.

        (C) Except as provided in subparagraph (E), the term
      "incandescent lamp" means a lamp in which light is produced by a
      filament heated to incandescence by an electric current,
      including only the following:
          (i) Any lamp (commonly referred to as lower wattage
        nonreflector general service lamps, including any tungsten-
        halogen lamp) that has a rated wattage between 30 and 199
        watts, has an E26 medium screw base, has a rated voltage or
        voltage range that lies at least partially within 115 and 130
        volts, and is not a reflector lamp.
          (ii) Any lamp (commonly referred to as a reflector lamp)
        which is not colored or designed for rough or vibration service
        applications, that contains an inner reflective coating on the
        outer bulb to direct the light, an R, PAR, or similar bulb
        shapes (excluding ER or BR) with E26 medium screw bases, a
        rated voltage or voltage range that lies at least partially
        within 115 and 130 volts, a diameter which exceeds 2.75 inches,
        and is either - 
            (I) a low(er) wattage reflector lamp which has a rated
          wattage between 40 and 205 watts; or
            (II) a high(er) wattage reflector lamp which has a rated
          wattage above 205 watts.

          (iii) Any general service incandescent lamp (commonly
        referred to as a high- or higher-wattage lamp) that has a rated
        wattage above 199 watts (above 205 watts for a high wattage
        reflector lamp).

        (D) The term "general service incandescent lamp" means any
      incandescent lamp (other than a miniature or photographic lamp)
      that has an E26 medium screw base, a rated voltage range at least
      partially within 115 and 130 volts, and which can be used to
      satisfy the majority of lighting applications, but does not
      include any lamps specifically designed for - 
          (i) traffic signal, or street lighting service;
          (ii) airway, airport, aircraft, or other aviation service;
          (iii) marine or marine signal service;
          (iv) photo, projection, sound reproduction, or film viewer
        service;
          (v) stage, studio, or television service;
          (vi) mill, saw mill, or other industrial process service;
          (vii) mine service;
          (viii) headlight, locomotive, street railway, or other
        transportation service;
          (ix) heating service;
          (x) code beacon, marine signal, lighthouse, reprographic, or
        other communication service;
          (xi) medical or dental service;
          (xii) microscope, map, microfilm, or other specialized
        equipment service;
          (xiii) swimming pool or other underwater service;
          (xiv) decorative or showcase service;
          (xv) producing colored light;
          (xvi) shatter resistance which has an external protective
        coating; or
          (xvii) appliance service.

        (E) The terms "fluorescent lamp" and "incandescent lamp" do not
      include any lamp excluded by the Secretary, by rule, as a result
      of a determination that standards for such lamp would not result
      in significant energy savings because such lamp is designed for
      special applications or has special characteristics not available
      in reasonably substitutable lamp types.
        (F) The term "incandescent reflector lamp" means a lamp
      described in subparagraph (C)(ii).
        (G) The term "average lamp efficacy" means the lamp efficacy
      readings taken over a statistically significant period of
      manufacture with the readings averaged over that period.
        (H) The term "base" means the portion of the lamp which
      connects with the socket as described in ANSI C81.61-1990.
        (I) The term "bulb shape" means the shape of lamp, especially
      the glass bulb with designations for bulb shapes found in ANSI
      C79.1-1980 (R1984).
        (J) The term "color rendering index" or "CRI" means the measure
      of the degree of color shift objects undergo when illuminated by
      a light source as compared with the color of those same objects
      when illuminated by a reference source of comparable color
      temperature.
        (K) The term "correlated color temperature" means the absolute
      temperature of a blackbody whose chromaticity most nearly
      resembles that of the light source.
        (L) The term "IES" means the Illuminating Engineering Society
      of North America.
        (M) The term "lamp efficacy" means the lumen output of a lamp
      divided by its wattage, expressed in lumens per watt (LPW).
        (N) The term "lamp type" means all lamps designated as having
      the same electrical and lighting characteristics and made by one
      manufacturer.
        (O) The term "lamp wattage" means the total electrical power
      consumed by a lamp in watts, after the initial seasoning period
      referenced in the appropriate IES standard test procedure and
      including, for fluorescent, arc watts plus cathode watts.
        (P) The terms "life" and "lifetime" mean length of operating
      time of a statistically large group of lamps between first use
      and failure of 50 percent of the group in accordance with test
      procedures described in the IES Lighting Handbook-Reference
      Volume.
        (Q) The term "lumen output" means total luminous flux (power)
      of a lamp in lumens, as measured in accordance with applicable
      IES standards as determined by the Secretary.
        (R) The term "tungsten-halogen lamp" means a gas-filled
      tungsten filament incandescent lamp containing a certain
      proportion of halogens in an inert gas.
        (S)(i) The term "medium base compact fluorescent lamp" means an
      integrally ballasted fluorescent lamp with a medium screw base
      and a rated input voltage of 115 to 130 volts and which is
      designed as a direct replacement for a general service
      incandescent lamp.
        (ii) The term "medium base compact fluorescent lamp" does not
      include - 
          (I) any lamp that is - 
            (aa) specifically designed to be used for special purpose
          applications; and
            (bb) unlikely to be used in general purpose applications,
          such as the applications described in subparagraph (D); or

          (II) any lamp not described in subparagraph (D) that is
        excluded by the Secretary, by rule, because the lamp is - 
            (aa) designed for special applications; and
            (bb) unlikely to be used in general purpose applications.

        (31)(A) The term "water use" means the quantity of water
      flowing through a showerhead, faucet, water closet, or urinal at
      point of use, determined in accordance with test procedures under
      section 6293 of this title.
        (B) The term "ASME" means the American Society of Mechanical
      Engineers.
        (C) The term "ANSI" means the American National Standards
      Institute.
        (D) The term "showerhead" means any showerhead (including a
      handheld showerhead), except a safety shower showerhead.
        (E) The term "faucet" means a lavatory faucet, kitchen faucet,
      metering faucet, or replacement aerator for a lavatory or kitchen
      faucet.
        (F) The term "water closet" has the meaning given such term in
      ASME A112.19.2M-1990, except such term does not include fixtures
      designed for installation in prisons.
        (G) The term "urinal" has the meaning given such term in ASME
      A112.19.2M-1990, except such term does not include fixtures
      designed for installation in prisons.
        (H) The terms "blowout", "flushometer tank", "low consumption",
      and "flushometer valve" have the meaning given such terms in ASME
      A112.19.2M-1990.
        (32) The term "battery charger" means a device that charges
      batteries for consumer products, including battery chargers
      embedded in other consumer products.
        (33)(A) The term "commercial prerinse spray valve" means a
      handheld device designed and marketed for use with commercial
      dishwashing and ware washing equipment that sprays water on
      dishes, flatware, and other food service items for the purpose of
      removing food residue before cleaning the items.
        (B) The Secretary may modify the definition of "commercial
      prerinse spray valve" by rule - 
          (i) to include products - 
            (I) that are extensively used in conjunction with
          commercial dishwashing and ware washing equipment;
            (II) the application of standards to which would result in
          significant energy savings; and
            (III) the application of standards to which would meet the
          criteria specified in section 6295(o)(4) of this title; and

          (ii) to exclude products - 
            (I) that are used for special food service applications;
            (II) that are unlikely to be widely used in conjunction
          with commercial dishwashing and ware washing equipment; and
            (III) the application of standards to which would not
          result in significant energy savings.

        (34) The term "dehumidifier" means a self-contained,
      electrically operated, and mechanically encased assembly
      consisting of - 
          (A) a refrigerated surface (evaporator) that condenses
        moisture from the atmosphere;
          (B) a refrigerating system, including an electric motor;
          (C) an air-circulating fan; and
          (D) means for collecting or disposing of the condensate.

        (35)(A) The term "distribution transformer" means a transformer
      that - 
          (i) has an input voltage of 34.5 kilovolts or less;
          (ii) has an output voltage of 600 volts or less; and
          (iii) is rated for operation at a frequency of 60 Hertz.

        (B) The term "distribution transformer" does not include - 
          (i) a transformer with multiple voltage taps, the highest of
        which equals at least 20 percent more than the lowest;
          (ii) a transformer that is designed to be used in a special
        purpose application and is unlikely to be used in general
        purpose applications, such as a drive transformer, rectifier
        transformer, auto-transformer, Uninterruptible Power System
        transformer, impedance transformer, regulating transformer,
        sealed and nonventilating transformer, machine tool
        transformer, welding transformer, grounding transformer, or
        testing transformer; or
          (iii) any transformer not listed in clause (ii) that is
        excluded by the Secretary by rule because - 
            (I) the transformer is designed for a special application;
            (II) the transformer is unlikely to be used in general
          purpose applications; and
            (III) the application of standards to the transformer would
          not result in significant energy savings.

        (36) The term "external power supply" means an external power
      supply circuit that is used to convert household electric current
      into DC current or lower-voltage AC current to operate a consumer
      product.
        (37) The term "illuminated exit sign" means a sign that - 
          (A) is designed to be permanently fixed in place to identify
        an exit; and
          (B) consists of an electrically powered integral light source
        that - 
            (i) illuminates the legend "EXIT" and any directional
          indicators; and
            (ii) provides contrast between the legend, any directional
          indicators, and the background.

        (38) The term "low-voltage dry-type distribution transformer"
      means a distribution transformer that - 
          (A) has an input voltage of 600 volts or less;
          (B) is air-cooled; and
          (C) does not use oil as a coolant.

        (39) The term "pedestrian module" means a light signal used to
      convey movement information to pedestrians.
        (40) The term "refrigerated bottled or canned beverage vending
      machine" means a commercial refrigerator that cools bottled or
      canned beverages and dispenses the bottled or canned beverages on
      payment.
        (41) The term "standby mode" means the lowest power consumption
      mode, as established on an individual product basis by the
      Secretary, that - 
          (A) cannot be switched off or influenced by the user; and
          (B) may persist for an indefinite time when an appliance is -
        
            (i) connected to the main electricity supply; and
            (ii) used in accordance with the instructions of the
          manufacturer.

        (42) The term "torchiere" means a portable electric lamp with a
      reflector bowl that directs light upward to give indirect
      illumination.
        (43) The term "traffic signal module" means a standard 8-inch
      (200mm) or 12-inch (300mm) traffic signal indication that - 
          (A) consists of a light source, a lens, and all other parts
        necessary for operation; and
          (B) communicates movement messages to drivers through red,
        amber, and green colors.

        (44) The term "transformer" means a device consisting of 2 or
      more coils of insulated wire that transfers alternating current
      by electromagnetic induction from 1 coil to another to change the
      original voltage or current value.
        (45)(A) The term "unit heater" means a self-contained fan-type
      heater designed to be installed within the heated space.
        (B) The term "unit heater" does not include a warm air furnace.
        (46)(A) The term "high intensity discharge lamp" means an
      electric-discharge lamp in which - 
          (i) the light-producing arc is stabilized by bulb wall
        temperature; and
          (ii) the arc tube has a bulb wall loading in excess of 3
        Watts/cm<sup>2</sup>.

        (B) The term "high intensity discharge lamp" includes mercury
      vapor, metal halide, and high-pressure sodium lamps described in
      subparagraph (A).
        (47)(A) The term "mercury vapor lamp" means a high intensity
      discharge lamp in which the major portion of the light is
      produced by radiation from mercury operating at a partial
      pressure in excess of 100,000 Pa (approximately 1 atm).
        (B) The term "mercury vapor lamp" includes clear, phosphor-
      coated, and self-ballasted lamps described in subparagraph (A).
        (48) The term "mercury vapor lamp ballast" means a device that
      is designed and marketed to start and operate mercury vapor lamps
      by providing the necessary voltage and current.
        (49) The term "ceiling fan" means a nonportable device that is
      suspended from a ceiling for circulating air via the rotation of
      fan blades.
        (50) The term "ceiling fan light kit" means equipment designed
      to provide light from a ceiling fan that can be - 
          (A) integral, such that the equipment is attached to the
        ceiling fan prior to the time of retail sale; or
          (B) attachable, such that at the time of retail sale the
        equipment is not physically attached to the ceiling fan, but
        may be included inside the ceiling fan at the time of sale or
        sold separately for subsequent attachment to the fan.

        (51) The term "medium screw base" means an Edison screw base
      identified with the prefix E-26 in the "American National
      Standard for Electric Lamp Bases", ANSI/IEC C81.61-2003,
      published by the American National Standards Institute.

-SOURCE-
    (Pub. L. 94-163, title III, Sec. 321, Dec. 22, 1975, 89 Stat. 917;
    Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.
    3288; Pub. L. 100-12, Sec. 2, Mar. 17, 1987, 101 Stat. 103; Pub. L.
    100-357, Sec. 2(a), June 28, 1988, 102 Stat. 671; Pub. L. 102-486,
    title I, Sec. 123(b), Oct. 24, 1992, 106 Stat. 2817; Pub. L. 105-
    388, Sec. 5(a)(2), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 109-58,
    title I, Sec. 135(a), Aug. 8, 2005, 119 Stat. 624.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in par. (3), was in the original "this
    Act", meaning Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as
    amended, known as the Energy Policy and Conservation Act. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 6201 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Par. (29)(D)(i). Pub. L. 109-58, Sec. 135(a)(1)(A)(i),
    substituted "C78.81-2003 (Data Sheet 7881-ANSI-1010-1)" for "C78.1-
    1978(R1984)".
      Par. (29)(D)(ii). Pub. L. 109-58, Sec. 135(a)(1)(A)(ii), which
    directed amendment of cl. (ii) by substituting "C78.81-2003 (Data
    Sheet 7881-ANSI-3007-1)" for "C78.1-1978(R1984)", was executed by
    making the substitution for "C78.3-1978(R1984)" to reflect the
    probable intent of Congress.
      Par. (29)(D)(iii). Pub. L. 109-58, Sec. 135(a)(1)(A)(iii),
    substituted "C78.81-2003 (Data Sheet 7881-ANSI-1019-1)" for "C78.1-
    1978(R1984)".
      Par. (29)(M) to (P). Pub. L. 109-58, Sec. 135(a)(1)(B), added
    subpars. (M) to (P).
      Par. (30)(S). Pub. L. 109-58, Sec. 135(a)(2), designated existing
    provisions as cl. (i) and added cl. (ii).
      Pars. (32) to (51). Pub. L. 109-58, Sec. 135(a)(3), added pars.
    (32) to (51).
      1998 - Par. (1). Pub. L. 105-388 substituted "section 32901(a)(3)
    of title 49" for "section 501(1) of the Motor Vehicle Information
    and Cost Savings Act" and struck out second period at end.
      1992 - Pub. L. 102-486, Sec. 123(b)(1), in introductory
    provisions, struck out "(a)" before "For purposes".
      Par. (1). Pub. L. 102-486, Sec. 123(b)(2)(B), which directed
    amendment of par. (1)(B) by substituting "ballasts, general service
    fluorescent lamps, incandescent reflector lamps, showerheads,
    faucets, water closets, and urinals" for "ballasts", was executed
    by making amendment in closing provisions of par. (1), to reflect
    the probable intent of Congress.
      Par. (1)(A). Pub. L. 102-486, Sec. 123(b)(2)(A), inserted "or,
    with respect to showerheads, faucets, water closets, and urinals,
    water" after "energy".
      Par. (6). Pub. L. 102-486, Sec. 123(b)(3)(B)(ii), which directed
    amendment of par. (6)(B) by substituting "6295(r)" for "6295(o)",
    was executed by making amendment in closing provisions of par. (6),
    to reflect the probable intent of Congress.
      Par. (6)(A). Pub. L. 102-486, Sec. 123(b)(3)(A), inserted ", or,
    in the case of showerheads, faucets, water closets, and urinals,
    water use," after "energy use".
      Par. (6)(B). Pub. L. 102-486, Sec. 123(b)(3)(B)(i), substituted
    "(15), (16), (17), and (19)" for "and (14)".
      Par. (7). Pub. L. 102-486, Sec. 123(b)(4), inserted ", and in the
    case of showerheads, faucets, water closets, and urinals, the
    aggregate retail cost of water and wastewater treatment services
    likely to be incurred annually," after "to be consumed annually".
      Pars. (30), (31). Pub. L. 102-486, Sec. 123(b)(5), added pars.
    (30) and (31).
      1988 - Subsec. (a)(1). Pub. L. 100-357, Sec. 2(a)(2), inserted
    before period at end ", except that such term includes fluorescent
    lamp ballasts distributed in commerce for personal or commercial
    use or consumption."
      Subsec. (a)(6)(B). Pub. L. 100-357, Sec. 2(a)(3), substituted
    "(14)" for "(13)".
      Subsec. (a)(29). Pub. L. 100-357, Sec. 2(a)(1), added par. (29).
      1987 - Subsec. (a)(6). Pub. L. 100-12, Sec. 2(a), amended par.
    (6) generally. Prior to amendment, par. (6) read as follows: "The
    term 'energy efficiency standard' means a performance standard - 
        "(A) which prescribes a minimum level of energy efficiency for
      a covered product, determined in accordance with test procedures
      prescribed under section 6293 of this title, and
        "(B) which includes any other requirements which the Secretary
      may prescribe under section 6295(c) of this title."
      Subsec. (a)(19) to (28). Pub. L. 100-12, Sec. 2(b), added pars.
    (19) to (28).
      1978 - Subsec. (a)(3), (6)(B), (9). Pub. L. 95-619 substituted
    "Secretary" for "Administrator", meaning Administrator of the
    Federal Energy Administration, wherever appearing.

-End-



-CITE-
    42 USC Sec. 6292                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY
    Part A - Energy Conservation Program for Consumer Products Other
              Than Automobiles                        

-HEAD-
    Sec. 6292. Coverage

-STATUTE-
    (a) In general
      The following consumer products, excluding those consumer
    products designed solely for use in recreational vehicles and other
    mobile equipment, are covered products:
        (1) Refrigerators, refrigerator-freezers, and freezers which
      can be operated by alternating current electricity, excluding - 
          (A) any type designed to be used without doors; and
          (B) any type which does not include a compressor and
        condenser unit as an integral part of the cabinet assembly.

        (2) Room air conditioners.
        (3) Central air conditioners and central air conditioning heat
      pumps.
        (4) Water heaters.
        (5) Furnaces.
        (6) Dishwashers.
        (7) Clothes washers.
        (8) Clothes dryers.
        (9) Direct heating equipment.
        (10) Kitchen ranges and ovens.
        (11) Pool heaters.
        (12) Television sets.
        (13) Fluorescent lamp ballasts.
        (14) General service fluorescent lamps and incandescent
      reflector lamps.
        (15) Showerheads, except safety shower showerheads.
        (16) Faucets.
        (17) Water closets.
        (18) Urinals.
        (19) Any other type of consumer product which the Secretary
      classifies as a covered product under subsection (b) of this
      section.
    (b) Special classification of consumer product
      (1) The Secretary may classify a type of consumer product as a
    covered product if he determines that - 
        (A) classifying products of such type as covered products is
      necessary or appropriate to carry out the purposes of this
      chapter, and
        (B) average annual per-household energy use by products of such
      type is likely to exceed 100 kilowatt-hours (or its Btu
      equivalent) per year.

      (2) For purposes of this subsection:
        (A) The term "average annual per-household energy use with
      respect to a type of product" means the estimated aggregate
      annual energy use (in kilowatt-hours or the Btu equivalent) of
      consumer products of such type which are used by households in
      the United States, divided by the number of such households which
      use products of such type.
        (B) The Btu equivalent of one kilowatt-hour is 3,412 British
      thermal units.
        (C) The term "household" shall be defined under rules of the
      Secretary.

-SOURCE-
    (Pub. L. 94-163, title III, Sec. 322, Dec. 22, 1975, 89 Stat. 918;
    Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat.
    3288; Pub. L. 100-12, Secs. 3, 11(b)(1), Mar. 17, 1987, 101 Stat.
    105, 125; Pub. L. 100-357, Sec. 2(b), June 28, 1988, 102 Stat. 672;
    Pub. L. 102-486, title I, Sec. 123(c), Oct. 24, 1992, 106 Stat.
    2821; Pub. L. 105-388, Sec. 5(a)(3), Nov. 13, 1998, 112 Stat.
    3478.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b)(1)(A), was in the
    original "this Act", meaning Pub. L. 94-163, Dec. 22, 1975, 89
    Stat. 871, as amended, known as the Energy Policy and Conservation
    Act. For complete classification of this Act to the Code, see Short
    Title note set out under section 6201 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b)(2)(A). Pub. L. 105-388 inserted closing
    quotation marks after "type of product".
      1992 - Subsec. (a)(14) to (19). Pub. L. 102-486 added pars. (14)
    to (18) and redesignated former par. (14) as (19).
      1988 - Subsec. (a)(13), (14). Pub. L. 100-357 added par. (13) and
    redesignated former par. (13) as (14).
      1987 - Subsec. (a). Pub. L. 100-12, Sec. 3, inserted heading and
    amended text generally. Prior to amendment, text read as follows:
    "A consumer product is a covered product if it is one of the
    following types (or is designed to perform a function which is the
    principal function of any of the following types):
        "(1) Refrigerators and refrigerator-freezers.
        "(2) Freezers.
        "(3) Dishwashers.
        "(4) Clothes dryers.
        "(5) Water heaters.
        "(6) Room air conditioners.
        "(7) Home heating equipment, not including furnaces.
        "(8) Television sets.
        "(9) Kitchen ranges and ovens.
        "(10) Clothes washers.
        "(11) Humidifiers and dehumidifiers.
        "(12) Central aid conditioners.
        "(13) Furnaces.
        "(14) Any other type of consumer product which the Secretary
      classifies as a covered product under subsection (b) of this
      section."
      Subsec. (b). Pub. L. 100-12, Sec. 11(b)(1), inserted heading.
      1978 - Subsecs. (a)(14), (b)(1), (2)(C). Pub. L. 95-619
    substituted "Secretary" for "Administrator", meaning Administrator
    of the Federal Energy Administration, wherever appearing.

         ENERGY EFFICIENCY LABELING FOR WINDOWS AND WINDOW SYSTEMS     
      Section 121 of Pub. L. 102-486 provided that:
      "(a) In General. - (1) The Secretary shall, after consulting with
    the National Fenestration Rating Council, industry representatives,
    and other appropriate organizations, provide financial assistance
    to support a voluntary national window rating program that will
    develop energy ratings and labels for windows and window systems.
      "(2) Such rating program shall include - 
        "(A) specifications for testing procedures and labels that will
      enable window buyers to make more informed purchasing decisions
      about the energy efficiency of windows and window systems; and
        "(B) information (which may be disseminated through catalogs,
      trade publications, labels, or other mechanisms) that will allow
      window buyers to assess the energy consumption and potential cost
      savings of alternative window products.
      "(3) Such rating program shall be developed by the National
    Fenestration Rating Council according to commonly accepted
    procedures for the development of national testing procedures and
    labeling programs.
      "(b) Monitoring. - The Secretary shall monitor and evaluate the
    efforts of the National Fenestration Rating Council and, not later
    than one year after the date of the enactment of this Act [Oct. 24,
    1992], make a determination as to whether the program developed by
    the Council is consistent with the objectives of subsection (a).
      "(c) Alternative System. - (1) If the Secretary makes a
    determination under subsection (b) that a voluntary national window
    rating program consistent with the objectives of subsection (a) has
    not been developed, the Secretary shall, after consultation with
    the National Institute of Standards and Technology, develop, not
    later than two years after such determination, test procedures
    under section 323 of the Energy Policy and Conservation Act (42
    U.S.C. 6293) for windows and window systems.
      "(2) Not later than one year after the Secretary develops test
    procedures under paragraph (1), the Federal Trade Commission
    (hereafter in this section referred to as the 'Commission') shall
    prescribe labeling rules under section 324 of such Act (42 U.S.C.
    6294) for those windows and window systems for which the Secretary
    has prescribed test procedures under paragraph (1) except that,
    with respect to any type of window or window system (or class
    thereof), the Secretary may determine that such labeling is not
    technologically feasible or economically justified or is not likely
    to assist consumers in making purchasing decisions.
      "(3) For purposes of sections 323, 324, and 327 of such Act [42
    U.S.C. 6293, 6294, 6297], each product for which the Secretary has
    established test procedures or labeling rules pursuant to this
    subsection shall be considered a new covered product under section
    322 of such Act (42 U.S.C. 6292) to the extent necessary to carry
    out this subsection.
      "(4) For purposes of section 327(a) of such Act, the term 'this
    part' includes this subsection to the extent necessary to carry out
    this subsection."

       ENERGY EFFICIENCY INFORMATION FOR COMMERCIAL OFFICE EQUIPMENT   
      Section 125 of Pub. L. 102-486 provided that:
      "(a) In General. - (1) The Secretary shall, after consulting with
    the Computer and Business Equipment Manufacturers Association and
    other interested organizations, provide financial and technical
    assistance to support a voluntary national testing and information
    program for those types of commercial office equipment that are
    widely used and for which there is a potential for significant
    energy savings as a result of such program.
      "(2) Such program shall - 
        "(A) consistent with the objectives of paragraph (1), determine
      the commercial office equipment to be covered under such program;
        "(B) include specifications for testing procedures that will
      enable purchasers of such commercial office equipment to make
      more informed decisions about the energy efficiency and costs of
      alternative products; and
        "(C) include information, which may be disseminated through
      catalogs, trade publications, labels, or other mechanisms, that
      will allow consumers to assess the energy consumption and
      potential cost savings of alternative products.
      "(3) Such program shall be developed by an appropriate
    organization (composed of interested parties) according to commonly
    accepted procedures for the development of national testing
    procedure and labeling programs.
      "(b) Monitoring. - The Secretary shall monitor and evaluate the
    efforts to develop the program described in subsection (a) and, not
    later than three years after the date of the enactment of this Act
    [Oct. 24, 1992], shall make a determination as to whether such
    program is consistent with the objectives of subsection (a).
      "(c) Alternative System. - (1) If the Secretary makes a
    determination under subsection (b) that a voluntary national
    testing and information program for commercial office equipment
    consistent with the objectives of subsection (a) has not been
    developed, the Secretary shall, after consultation with the
    National Institute of Standards and Technology, develop, not later
    than two years after such determination, test procedures under
    section 323 of the Energy Policy and Conservation Act (42 U.S.C.
    6293) for such commercial office equipment.
      "(2) Not later than one year after the Secretary develops test
    procedures under paragraph (1), the Federal Trade Commission
    (hereafter in this section referred to as the 'Commission') shall
    prescribe labeling rules under section 324 of such Act (42 U.S.C.
    6294) for commercial office equipment for which the Secretary has
    prescribed test procedures under paragraph (1) except that, with
    respect to any type of commercial office equipment (or class
    thereof), the Secretary may determine that such labeling is not
    technologically feasible or economically justified or is not likely
    to assist consumers in making purchasing decisions.
      "(3) For purposes of sections 323, 324, and 327 of such Act [42
    U.S.C. 6293, 6294, 6297], each product for which the Secretary has
    established test procedures or labeling rules pursuant to this
    subsection shall be considered a new covered product under section
    322 of such Act (42 U.S.C. 6292) to the extent necessary to carry
    out this subsection.
      "(4) For purposes of section 327(a) of such Act, the term 'this
    part' includes this subsection to the extent necessary to carry out
    this subsection."

               ENERGY EFFICIENCY INFORMATION FOR LUMINAIRES           
      Section 126 of Pub. L. 102-486 provided that:
      "(a) In General. - (1) The Secretary shall, after consulting with
    the National Electric Manufacturers Association, the American
    Lighting Association, and other interested organizations, provide
    financial and technical assistance to support a voluntary national
    testing and information program for those types of luminaires that
    are widely used and for which there is a potential for significant
    energy savings as a result of such program.
      "(2) Such program shall - 
        "(A) consistent with the objectives of paragraph (1), determine
      the luminaires to be covered under such program;
        "(B) include specifications for testing procedures that will
      enable purchasers of such luminaires to make more informed
      decisions about the energy efficiency and costs of alternative
      products; and
        "(C) include information, which may be disseminated through
      catalogs, trade publications, labels, or other mechanisms, that
      will allow consumers to assess the energy consumption and
      potential cost savings of alternative products.
      "(3) Such program shall be developed by an appropriate
    organization (composed of interested parties) according to commonly
    accepted procedures for the development of national testing
    procedures and labeling programs.
      "(b) Monitoring. - The Secretary shall monitor and evaluate the
    efforts to develop the program described in subsection (a) and, not
    later than three years after the date of the enactment of this Act
    [Oct. 24, 1992], shall make a determination as to whether the
    program developed is consistent with the objectives of subsection
    (a).
      "(c) Alternative System. - (1) If the Secretary makes a
    determination under subsection (b) that a voluntary national
    testing and information program for luminaires consistent with the
    objectives of subsection (a) has not been developed, the Secretary
    shall, after consultation with the National Institute of Standards
    and Technology, develop, not later than two years after such
    determination, test procedures under section 323 of the Energy
    Policy and Conservation Act (42 U.S.C. 6293) for such luminaires.
      "(2) Not later than one year after the Secretary develops test
    procedures under paragraph (1), the Federal Trade Commission
    (hereafter in this section referred to as the 'Commission') shall
    prescribe labeling rules under section 324 of such Act (42 U.S.C.
    6294) for those luminaires for which the Secretary has prescribed
    test procedures under paragraph (1) except that, with respect to
    any type of luminaire (or class thereof), the Secretary may
    determine that such labeling is not technologically feasible or
    economically justified or is not likely to assist consumers in
    making purchasing decisions.
      "(3) For purposes of sections 323, 324, and 327 of such Act [42
    U.S.C. 6293, 6294, 6297], each product for which the Secretary has
    established test procedures or labeling rules pursuant to this
    subsection shall be considered a new covered product under section
    322 of such Act (42 U.S.C. 6292) to the extent necessary to carry
    out this subsection.
      "(4) For purposes of section 327(a) of such Act, the term 'this
    part' includes this subsection to the extent necessary to carry out
    this subsection."

     REPORT ON POTENTIAL OF COOPERATIVE ADVANCED APPLIANCE DEVELOPMENT 
      Section 127 of Pub. L. 102-486 provided that:
      "(a) In General. - Not later than 18 months after the date of the
    enactment of this Act [Oct. 24, 1992], the Secretary shall, in
    consultation with the Administrator of the Environmental Protection
    Agency, utilities, and appliance manufacturers, prepare and submit
    to the Congress, a report on the potential for the development and
    commercialization of appliances which are substantially more
    efficient than required by Federal or State law.
      "(b) Identification of High-Efficiency Appliances. - The report
    submitted under subsection (a) shall identify candidate high-
    efficiency appliances which meet the following criteria:
        "(1) The potential exists for substantial improvement in the
      appliance's energy efficiency, beyond the minimum established in
      Federal and State law.
        "(2) There is the potential for significant energy savings at
      the national or regional level.
        "(3) Such appliances are likely to be cost-effective for
      consumers.
        "(4) Electric, water, or gas utilities are prepared to support
      and promote the commercialization of such appliances.
        "(5) Manufacturers are unlikely to undertake development and
      commercialization of such appliances on their own, or development
      and production would be substantially accelerated by support to
      manufacturers.
      "(c) Recommendations and Proposals. - The report submitted under
    subsection (a) shall also - 
        "(1) describe the general actions the Secretary or the
      Administrator of the Environmental Protection Agency could take
      to coordinate and assist utilities and appliance manufacturers in
      developing and commercializing highly efficient appliances;
        "(2) describe specific proposals for Department of Energy or
      Environmental Protection Agency assistance to utilities and
      appliance manufacturers to promote the development and
      commercialization of highly efficient appliances;
        "(3) identify methods by which Federal purchase of highly
      efficient appliances could assist in the development and
      commercialization of such appliances; and
        "(4) identify the funding levels needed to develop and
      implement a Federal program to assist in the development and
      commercialization of highly efficient appliances."

      EVALUATION OF UTILITY EARLY REPLACEMENT PROGRAMS FOR APPLIANCES  
      Section 128 of Pub. L. 102-486 provided that: "Within 18 months
    after the date of the enactment of this Act [Oct. 24, 1992], the
    Secretary, in consultation with the Administrator of the
    Environmental Protection Agency, utilities, and appliance
    manufacturers, shall evaluate and report to the Congress on the
    energy savings and environmental benefits of programs which are
    directed to the early replacement of older, less efficient
    appliances presently in use by consumers with existing products
    which are more efficient than required by Federal law. For the
    purposes of this section, the term 'appliance' means those consumer
    products specified in section 322(a) [42 U.S.C. 6292(a)]."

-End-



-CITE-
    42 USC Sec. 6293                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY
    Part A - Energy Conservation Program for Consumer Products Other
              Than Automobiles                        

-HEAD-
    Sec. 6293. Test procedures

-STATUTE-
    (a) General rule
      All test procedures and related determinations prescribed or made
    by the Secretary with respect to any covered product (or class
    thereof) which are in effect on March 17, 1987, shall remain in
    effect until the Secretary amends such test procedures and related
    determinations under subsection (b) of this section.
    (b) Amended and new procedures
      (1)(A) The Secretary may amend test procedures with respect to
    any covered product if the Secretary determines that amended test
    procedures would more accurately or fully comply with the
    requirements of paragraph (3).
      (B) The Secretary may, in accordance with the requirements of
    this subsection, prescribe test procedures for any consumer product
    classified as a covered product under section 6292(b) of this
    title.
      (C) The Secretary shall direct the National Institute of
    Standards and Technology to assist in developing new or amended
    test procedures.
      (2) If the Secretary determines, on his own behalf or in response
    to a petition by any interested person, that a test procedure
    should be prescribed or amended, the Secretary shall promptly
    publish in the Federal Register proposed test procedures and afford
    interested persons an opportunity to present oral and written data,
    views, and arguments with respect to such procedures. The comment
    period shall not be less than 60 days and may be extended for good
    cause shown to not more than 270 days. In prescribing or amending a
    test procedure, the Secretary shall take into account such
    information as the Secretary determines relevant to such procedure,
    including technological developments relating to energy use or
    energy efficiency of the type (or class) of covered products
    involved.
      (3) Any test procedures prescribed or amended under this section
    shall be reasonably designed to produce test results which measure
    energy efficiency, energy use, water use (in the case of
    showerheads, faucets, water closets and urinals), or estimated
    annual operating cost of a covered product during a representative
    average use cycle or period of use, as determined by the Secretary,
    and shall not be unduly burdensome to conduct.
      (4) If the test procedure is a procedure for determining
    estimated annual operating costs, such procedure shall provide that
    such costs shall be calculated from measurements of energy use or,
    in the case of showerheads, faucets, water closets, or urinals,
    water use in a representative average use cycle or period of use,
    as determined by the Secretary, and from representative average
    unit costs of the energy needed to operate such product during such
    cycle, or in the case of showerheads, faucets, water closets, or
    urinals, representative average unit costs of water and wastewater
    treatment service resulting from the operation of such products
    during such cycle. The Secretary shall provide information to
    manufacturers with respect to representative average unit costs of
    energy, water, and wastewater treatment.
      (5) With respect to fluorescent lamp ballasts manufactured on or
    after January 1, 1990, and to which standards are applicable under
    section 6295 of this title, the Secretary shall prescribe test
    procedures that are in accord with ANSI standard C82.2-1984 or
    other test procedures determined appropriate by the Secretary.
      (6) With respect to fluorescent lamps and incandescent reflector
    lamps to which standards are applicable under subsection (i) of
    section 6295 of this title, the Secretary shall prescribe test
    procedures, to be carried out by accredited test laboratories, that
    take into consideration the applicable IES or ANSI standard.
      (7)(A) Test procedures for showerheads and faucets to which
    standards are applicable under subsection (j) of section 6295 of
    this title shall be the test procedures specified in ASME
    A112.18.1M-1989 for such products.
      (B) If the test procedure requirements of ASME A112.18.1M-1989
    are revised at any time and approved by ANSI, the Secretary shall
    amend the test procedures established by subparagraph (A) to
    conform to such revised ASME/ANSI requirements unless the Secretary
    determines, by rule, that to do so would not meet the requirements
    of paragraph (3).
      (8)(A) Test procedures for water closets and urinals to which
    standards are applicable under subsection (k) of section 6295 of
    this title shall be the test procedures specified in ASME A112.19.6-
    1990 for such products.
      (B) If the test procedure requirements of ASME A112.19.6-1990 are
    revised at any time and approved by ANSI, the Secretary shall amend
    the test procedures established by subparagraph (A) to conform to
    such revised ASME/ANSI requirements unless the Secretary
    determines, by rule, that to do so would not meet the requirements
    of paragraph (3).
      (9) Test procedures for illuminated exit signs shall be based on
    the test method used under version 2.0 of the Energy Star program
    of the Environmental Protection Agency for illuminated exit signs.
      (10)(A) Test procedures for distribution transformers and low
    voltage dry-type distribution transformers shall be based on the
    "Standard Test Method for Measuring the Energy Consumption of
    Distribution Transformers" prescribed by the National Electrical
    Manufacturers Association (NEMA TP 2-1998).
      (B) The Secretary may review and revise the test procedures
    established under subparagraph (A).
      (C) For purposes of section 6317(a) of this title, the test
    procedures established under subparagraph (A) shall be considered
    to be the testing requirements prescribed by the Secretary under
    section 6317(a)(1) of this title for distribution transformers for
    which the Secretary makes a determination that energy conservation
    standards would - 
        (i) be technologically feasible and economically justified; and
        (ii) result in significant energy savings.

      (11) Test procedures for traffic signal modules and pedestrian
    modules shall be based on the test method used under the Energy
    Star program of the Environmental Protection Agency for traffic
    signal modules, as in effect on August 8, 2005.
      (12)(A) Test procedures for medium base compact fluorescent lamps
    shall be based on the test methods for compact fluorescent lamps
    used under the August 9, 2001, version of the Energy Star program
    of the Environmental Protection Agency and the Department of
    Energy.
      (B) Except as provided in subparagraph (C), medium base compact
    fluorescent lamps shall meet all test requirements for regulated
    parameters of section 6295(cc) of this title.
      (C) Notwithstanding subparagraph (B), if manufacturers document
    engineering predictions and analysis that support expected
    attainment of lumen maintenance at 40 percent rated life and lamp
    lifetime, medium base compact fluorescent lamps may be marketed
    before completion of the testing of lamp life and lumen maintenance
    at 40 percent of rated life.
      (13) Test procedures for dehumidifiers shall be based on the test
    criteria used under the Energy Star Program Requirements for
    Dehumidifiers developed by the Environmental Protection Agency, as
    in effect on August 8, 2005, unless revised by the Secretary
    pursuant to this section.
      (14) The test procedure for measuring flow rate for commercial
    prerinse spray valves shall be based on American Society for
    Testing and Materials Standard F2324, entitled "Standard Test
    Method for Pre-Rinse Spray Valves".
      (15) The test procedure for refrigerated bottled or canned
    beverage vending machines shall be based on American National
    Standards Institute/American Society of Heating, Refrigerating and
    Air-Conditioning Engineers Standard 32.1-2004, entitled "Methods of
    Testing for Rating Vending Machines for Bottled, Canned or Other
    Sealed Beverages".
      (16)(A)(i) Test procedures for ceiling fans shall be based on the
    "Energy Star Testing Facility Guidance Manual: Building a Testing
    Facility and Performing the Solid State Test Method for ENERGY STAR
    Qualified Ceiling Fans, Version 1.1" published by the Environmental
    Protection Agency.
      (ii) Test procedures for ceiling fan light kits shall be based on
    the test procedures referenced in the Energy Star specifications
    for Residential Light Fixtures and Compact Fluorescent Light Bulbs,
    as in effect on August 8, 2005.
      (B) The Secretary may review and revise the test procedures
    established under subparagraph (A).
    (c) Restriction on certain representations
      (1) No manufacturer, distributor, retailer, or private labeler
    may make any representation - 
        (A) in writing (including a representation on a label); or
        (B) in any broadcast advertisement,

    with respect to the energy use or efficiency or, in the case of
    showerheads, faucets, water closets, and urinals, water use of a
    covered product to which a test procedure is applicable under
    subsection (a) of this section or the cost of energy consumed by
    such product, unless such product has been tested in accordance
    with such test procedure and such representation fairly discloses
    the results of such testing.
      (2) Effective 180 days after an amended or new test procedure
    applicable to a covered product is prescribed or established under
    subsection (b) of this section, no manufacturer, distributor,
    retailer, or private labeler may make any representation - 
        (A) in writing (including a representation on a label); or
        (B) in any broadcast advertisement,

    with respect to energy use or efficiency or, in the case of
    showerheads, faucets, water closets, and urinals, water use of such
    product or cost of energy consumed by such product, unless such
    product has been tested in accordance with such amended or new test
    procedures and such representation fairly discloses the results of
    such testing.
      (3) On the petition of any manufacturer, distributor, retailer,
    or private labeler, filed not later than the 60th day before the
    expiration of the period involved, the 180-day period referred to
    in paragraph (2) may be extended by the Secretary with respect to
    the petitioner (but in no event for more than an additional 180
    days) if the Secretary determines that the requirements of
    paragraph (2) would impose an undue hardship on such petitioner.
    (d) Case in which test procedure is not required
      (1) The Secretary is not required to publish and prescribe test
    procedures for a covered product (or class thereof) if the
    Secretary determines, by rule, that test procedures cannot be
    developed which meet the requirements of subsection (b)(3) of this
    section and publishes such determination in the Federal Register,
    together with the reasons therefor.
      (2) For purposes of section 6297 of this title, a determination
    under paragraph (1) with respect to any covered product or class
    shall have the same effect as would a standard prescribed for a
    covered product (or class).
    (e) Amendment of standard
      (1) In the case of any amended test procedure which is prescribed
    pursuant to this section, the Secretary shall determine, in the
    rulemaking carried out with respect to prescribing such procedure,
    to what extent, if any, the proposed test procedure would alter the
    measured energy efficiency, measured energy use, or measured water
    use of any covered product as determined under the existing test
    procedure.
      (2) If the Secretary determines that the amended test procedure
    will alter the measured efficiency or measured use, the Secretary
    shall amend the applicable energy conservation standard during the
    rulemaking carried out with respect to such test procedure. In
    determining the amended energy conservation standard, the Secretary
    shall measure, pursuant to the amended test procedure, the energy
    efficiency, energy use, or water use of a representative sample of
    covered products that minimally comply with the existing standard.
    The average of such energy efficiency, energy use, or water use
    levels determined under the amended test procedure shall constitute
    the amended energy conservation standard for the applicable covered
    products.
      (3) Models of covered products in use before the date on which
    the amended energy conservation standard becomes effective (or
    revisions of such models that come into use after such date and
    have the same energy efficiency, energy use, or water use
    characteristics) that comply with the energy conservation standard
    applicable to such covered products on the day before such date
    shall be deemed to comply with the amended energy conservation
    standard.
      (4) The Secretary's authority to amend energy conservation
    standards under this subsection shall not affect the Secretary's
    obligation to issue final rules as described in section 6295 of
    this title.
    (f) Additional consumer and commercial products
      (1) Not later than 2 years after August 8, 2005, the Secretary
    shall prescribe testing requirements for refrigerated bottled or
    canned beverage vending machines.
      (2) To the maximum extent practicable, the testing requirements
    prescribed under paragraph (1) shall be based on existing test
    procedures used in industry.

-SOURCE-
    (Pub. L. 94-163, title III, Sec. 323, Dec. 22, 1975, 89 Stat. 919;
    Pub. L. 95-619, title IV, Secs. 421, 425(a), title VI, Sec.
    691(b)(2), Nov. 9, 1978, 92 Stat. 3257, 3265, 3288; Pub. L. 100-12,
    Sec. 4, Mar. 17, 1987, 101 Stat. 105; Pub. L. 100-357, Sec. 2(c),
    June 28, 1988, 102 Stat. 672; Pub. L. 100-418, title V, Sec.
    5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102-486, title I,
    Sec. 123(d), Oct. 24, 1992, 106 Stat. 2821; Pub. L. 109-58, title
    I, Sec. 135(b), Aug. 8, 2005, 119 Stat. 627.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(9) to (16). Pub. L. 109-58, Sec. 135(b)(1),
    added pars. (9) to (16).
      Subsec. (f). Pub. L. 109-58, Sec. 135(b)(2), added subsec. (f).
      1992 - Subsec. (b)(3). Pub. L. 102-486, Sec. 123(d)(1)(A),
    inserted "water use (in the case of showerheads, faucets, water
    closets and urinals)," after "energy use,".
      Subsec. (b)(4). Pub. L. 102-486, Sec. 123(d)(1)(B), in first
    sentence inserted "or, in the case of showerheads, faucets, water
    closets, or urinals, water use" after "energy use" and ", or in the
    case of showerheads, faucets, water closets, or urinals,
    representative average unit costs of water and wastewater treatment
    service resulting from the operation of such products during such
    cycle" after "such cycle", and in second sentence inserted ",
    water, and wastewater treatment" before period at end.
      Subsec. (b)(6) to (8). Pub. L. 102-486, Sec. 123(d)(1)(C), added
    pars. (6) to (8).
      Subsec. (c)(1). Pub. L. 102-486, Sec. 123(d)(2), in closing
    provisions inserted "or, in the case of showerheads, faucets, water
    closets, and urinals, water use" after "efficiency".
      Subsec. (c)(2). Pub. L. 102-486, Sec. 123(d)(3), in introductory
    provisions substituted "prescribed or established" for
    "prescribed".
      Pub. L. 102-486, Sec. 123(d)(2), in closing provisions inserted
    "or, in the case of showerheads, faucets, water closets, and
    urinals, water use" after "efficiency".
      Subsec. (e)(1) to (3). Pub. L. 102-486, Sec. 123(d)(4),
    substituted ", measured energy use, or measured water use" for "or
    measured energy use" in par. (1) and "energy efficiency, energy
    use, or water use" for "energy efficiency or energy use" in two
    places in par. (2) and once in par. (3).
      1988 - Subsec. (b)(1)(C). Pub. L. 100-418 substituted "National
    Institute of Standards and Technology" for "National Bureau of
    Standards".
      Subsec. (b)(5). Pub. L. 100-357 added par. (5).
      1987 - Pub. L. 100-12 amended section generally, revising and
    restating as subsecs. (a) to (e) provisions formerly contained in
    subsecs. (a) to (c).
      1978 - Subsec. (a)(1), (2). Pub. L. 95-619, Sec. 691(b)(2),
    substituted "Secretary" for "Administrator", meaning Administrator
    of the Federal Energy Administration, wherever appearing.
      Subsec. (a)(3). Pub. L. 95-619, Secs. 425(a), 691(b)(2), struck
    out "Except as provided in paragraph (6)," before "The Secretary",
    struck out provision requiring proposed test procedures to be
    published not later than June 30, 1976, with certain excepted cases
    not required to be published before Sept. 30, 1976 and June 30,
    1977, and substituted "Secretary" for "Administrator".
      Subsec. (a)(4). Pub. L. 95-619, Secs. 421(a), 691(b)(2),
    redesignated provisions formerly classified to subpar. (A), as par.
    (4) and in par. (4), as so redesignated, struck out "Except as
    provided in paragraph (6)," before "The Secretary shall",
    substituted "Secretary" for "Administrator" in two places, inserted
    provision requiring the prescription of test procedures not later
    than Jan. 31, 1978, and struck out subpar. (B) requiring the
    prescription of test procedures not later than Sept. 30, 1976, with
    certain excepted cases required to be prescribed not later than
    Dec. 31, 1976 and Sept. 30 1977.
      Subsec. (a)(5). Pub. L. 95-619, Sec. 691(b)(2), substituted
    "Secretary" for "Administrator" wherever appearing.
      Subsec. (a)(6). Pub. L. 95-619, Sec. 421(b), redesignated
    existing provisions as subpar. (A) and, in subpar. (A) as so
    redesignated, substituted "Secretary" for "Administrator", struck
    out provisions relating to the authority to delay publication of
    proposed test procedures, inserted requirement that a determination
    of a necessary prescription delay be submitted in a report to
    Congress, inserted specific ninety day time limitation for delayed
    prescriptions, and added subpar. (B).
      Subsec. (a)(7). Pub. L. 95-619, Sec. 421(c), added par. (7).
      Subsec. (b). Pub. L. 95-619, Sec. 691(b)(2), substituted
    "Secretary" for "Administrator" wherever appearing.
      Subsec. (c). Pub. L. 95-619, Sec. 421(d), redesignated existing
    provisions as par. (1), substituted "180 days" for "90 days" and
    redesignated former pars. (1) and (2) as subpars. (A) and (B),
    respectively, and added par. (2).

-End-



-CITE-
    42 USC Sec. 6294                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY
    Part A - Energy Conservation Program for Consumer Products Other
              Than Automobiles                        

-HEAD-
    Sec. 6294. Labeling

-STATUTE-
    (a) In general
      (1) The Commission shall prescribe labeling rules under this
    section applicable to all covered products of each of the types
    specified in paragraphs (1), (2), (4), (6), and (8) through (12) of
    section 6292(a) of this title, except to the extent that, with
    respect to any such type (or class thereof), the Commission
    determines under the second sentence of subsection (b)(5) of this
    section that labeling in accordance with this section is not
    technologically or economically feasible.
      (2)(A) The Commission shall prescribe labeling rules under this
    section applicable to all covered products of each of the types
    specified in paragraphs (3), (5), and (7) of section 6292(a) of
    this title, except to the extent that with respect to any such type
    (or class thereof), the Commission determines under the second
    sentence of subsection (b)(5) of this section that labeling in
    accordance with this section is not technologically or economically
    feasible or is not likely to assist consumers in making purchasing
    decisions.
      (B) The Commission shall prescribe labeling rules under this
    section applicable to the covered product specified in paragraph
    (13) of section 6292(a) of this title and to which standards are
    applicable under section 6295 of this title. Such rules shall
    provide that the labeling of any fluorescent lamp ballast
    manufactured on or after January 1, 1990, will indicate
    conspicuously, in a manner prescribed by the Commission under
    subsection (b) of this section by July 1, 1989, a capital letter
    "E" printed within a circle on the ballast and on the packaging of
    the ballast or of the luminaire into which the ballast has been
    incorporated.
      (C)(i) Not later than 18 months after October 24, 1992, the
    Commission shall prescribe labeling rules under this section
    applicable to general service fluorescent lamps, medium base
    compact fluorescent lamps, and general service incandescent lamps.
    Except as provided in clause (ii), such rules shall provide that
    the labeling of any general service fluorescent lamp, medium base
    compact fluorescent lamp, and general service incandescent lamp
    manufactured after the 12-month period beginning on the date of the
    publication of such rule shall indicate conspicuously on the
    packaging of the lamp, in a manner prescribed by the Commission
    under subsection (b) of this section, such information as the
    Commission deems necessary to enable consumers to select the most
    energy efficient lamps which meet their requirements. Labeling
    information for incandescent lamps shall be based on performance
    when operated at 120 volts input, regardless of the rated lamp
    voltage.
      (ii) If the Secretary determines that compliance with the
    standards specified in section 6295(i) of this title for any lamp
    will result in the discontinuance of the manufacture of such lamp,
    the Commission may exempt such lamp from the labeling rules
    prescribed under clause (i).
      (D)(i) Not later than one year after October 24, 1992, the
    Commission shall prescribe labeling rules under this section for
    showerheads and faucets to which standards are applicable under
    subsection (j) of section 6295 of this title. Such rules shall
    provide that the labeling of any showerhead or faucet manufactured
    after the 12-month period beginning on the date of the publication
    of such rule shall be consistent with the marking and labeling
    requirements of ASME A112.18.1M-1989, except that each showerhead
    and flow restricting or controlling spout-end device shall bear a
    permanent legible marking indicating the flow rate, expressed in
    gallons per minute (gpm) or gallons per cycle (gpc), and the flow
    rate value shall be the actual flow rate or the maximum flow rate
    specified by the standards established in subsection (j) of section
    6295 of this title.
      (ii) If the marking and labeling requirements of ASME A112.18.1M-
    1989 are revised at any time and approved by ANSI, the Commission
    shall amend the labeling rules established pursuant to clause (i)
    to be consistent with such revised ASME/ANSI requirements unless
    such requirements are inconsistent with the purposes of this
    chapter or the requirement specified in clause (i) requiring each
    showerhead and flow restricting or controlling spout-end device to
    bear a permanent legible marking indicating the flow rate of such
    product.
      (E)(i) Not later than one year after October 24, 1992, the
    Commission shall prescribe labeling rules under this section for
    water closets and urinals to which standards are applicable under
    subsection (k) of section 6295 of this title. Such rules shall
    provide that the labeling of any water closet or urinal
    manufactured after the 12-month period beginning on the date of the
    publication of such rule shall be consistent with the marking and
    labeling requirements of ASME A112.19.2M-1990, except that each
    fixture (and flushometer valve associated with such fixture) shall
    bear a permanent legible marking indicating the water use,
    expressed in gallons per flush (gpf), and the water use value shall
    be the actual water use or the maximum water use specified by the
    standards established in subsection (k) of section 6295 of this
    title.
      (ii) If the marking and labeling requirements of ASME A112.19.2M-
    1990 are revised at any time and approved by ANSI, the Commission
    shall amend the labeling rules established pursuant to clause (i)
    to be consistent with such revised ASME/ANSI requirements unless
    such requirements are inconsistent with the purposes of this
    chapter or the requirement specified in clause (i) requiring each
    fixture and flushometer valve to bear a permanent legible marking
    indicating the water use of such fixture or flushometer valve.
      (iii) Any labeling rules prescribed under this subparagraph
    before January 1, 1997, shall provide that, with respect to any
    gravity tank-type white 2-piece toilet which has a water use
    greater than 1.6 gallons per flush (gpf), any printed matter
    distributed or displayed in connection with such product (including
    packaging and point of sale material, catalog material, and print
    advertising) shall include, in a conspicuous manner, the words "For
    Commercial Use Only".
      (F)(i) Not later than 90 days after August 8, 2005, the
    Commission shall initiate a rulemaking to consider - 
        (I) the effectiveness of the consumer products labeling program
      in assisting consumers in making purchasing decisions and
      improving energy efficiency; and
        (II) changes to the labeling rules (including categorical
      labeling) that would improve the effectiveness of consumer
      product labels.

      (ii) Not later than 2 years after August 8, 2005, the Commission
    shall complete the rulemaking initiated under clause (i).
      (G)(i) Not later than 18 months after August 8, 2005, the
    Commission shall issue by rule, in accordance with this section,
    labeling requirements for the electricity used by ceiling fans to
    circulate air in a room.
      (ii) The rule issued under clause (i) shall apply to products
    manufactured after the later of - 
        (I) January 1, 2009; or
        (II) the date that is 60 days after the final rule is issued.

      (3) The Commission may prescribe a labeling rule under this
    section applicable to covered products of a type specified in
    paragraph (19) of section 6292(a) of this title (or a class
    thereof) if - 
        (A) the Commission or the Secretary has made a determination
      with respect to such type (or class thereof) that labeling in
      accordance with this section will assist purchasers in making
      purchasing decisions,
        (B) the Secretary has prescribed test procedures under section
      6293(b)(1)(B) of this title for such type (or class thereof), and
        (C) the Commission determines with respect to such type (or
      class thereof) that application of labeling rules under this
      section to such type (or class thereof) is economically and
      technologically feasible.

      (4) Any determination under this subsection shall be published in
    the Federal Register.
      (5)(A) For covered products described in subsections (u) through
    (ff) of section 6295 of this title, after a test procedure has been
    prescribed under section 6293 of this title, the Secretary or the
    Commission, as appropriate, may prescribe, by rule, under this
    section labeling requirements for the products.
      (B) In the case of products to which TP-1 standards under section
    6295(y) of this title apply, labeling requirements shall be based
    on the "Standard for the Labeling of Distribution Transformer
    Efficiency" prescribed by the National Electrical Manufacturers
    Association (NEMA TP-3) as in effect on August 8, 2005.
      (C) In the case of dehumidifiers covered under section 6295(dd)
    of this title, the Commission shall not require an "Energy Guide"
    label.
    (b) Rules in effect; new rules
      (1)(A) Any labeling rule in effect on March 17, 1987, shall
    remain in effect until amended, by rule, by the Commission.
      (B) After March 17, 1987, and not later than 30 days after the
    date on which a proposed test procedure applicable to a covered
    product of any of the types specified in paragraphs (1) through
    (13), and paragraphs (15) through (19) of section 6292(a) of this
    title (or class thereof) is prescribed under section 6293(b) of
    this title, the Commission shall publish a proposed labeling rule
    applicable to such type (or class thereof).
      (2) The Commission shall afford interested persons an opportunity
    to present written or oral data, views, and comments with respect
    to the proposed labeling rules published under paragraph (1). The
    period for such presentations shall not be less than 45 days.
      (3) Not earlier than 45 days nor later than 60 days after the
    date on which test procedures are prescribed under section 6293(b)
    of this title with respect to covered products of any type (or
    class thereof) specified in paragraphs (1) through (12) of section
    6292(a) of this title, the Commission shall prescribe labeling
    rules with respect to covered products of such type (or class
    thereof). Not earlier than 45 days after the date on which test
    procedures are prescribed under section 6293(b) of this title with
    respect to covered products of a type specified in paragraph (19)
    of section 6292(a) of this title, the Commission may prescribe
    labeling rules with respect to covered products of such type (or
    class thereof).
      (4) A labeling rule prescribed under paragraph (3) shall take
    effect not later than 3 months after the date of prescription of
    such rule, except that such rules may take effect not later than 6
    months after such date of prescription if the Commission determines
    that such extension is necessary to allow persons subject to such
    rules adequate time to come into compliance with such rules.
      (5) The Commission may delay the publication of a proposed
    labeling rule, or the prescription of a labeling rule, beyond the
    dates specified in paragraph (1) or (3), if it determines that it
    cannot publish proposed labeling rules or prescribe labeling rules
    which meet the requirements of this section on or prior to the date
    specified in the applicable paragraph and publishes such
    determination in the Federal Register, together with the reasons
    therefor. In any such case, it shall publish proposed labeling
    rules or prescribe labeling rules for covered products of such type
    (or class thereof) as soon as practicable unless it determines (A)
    that labeling in accordance with this section is not economically
    or technically feasible, or (B) in the case of a type specified in
    paragraphs (3), (5), and (7) of section 6292(a) of this title, that
    labeling in accordance with this section is not likely to assist
    consumers in purchasing decisions. Any such determination shall be
    published in the Federal Register, together with the reasons
    therefor. This paragraph shall not apply to the prescription of a
    labeling rule with respect to covered products of a type specified
    in paragraph (19) of section 6292(a) of this title.
    (c) Content of label
      (1) Subject to paragraph (6), a rule prescribed under this
    section shall require that each covered product in the type or
    class of covered products to which the rule applies bear a label
    which discloses - 
        (A) the estimated annual operating cost of such product
      (determined in accordance with test procedures prescribed under
      section 6293 of this title), except that if - 
          (i) the Secretary determines that disclosure of estimated
        annual operating cost is not technologically feasible, or
          (ii) the Commission determines that such disclosure is not
        likely to assist consumers in making purchasing decisions or is
        not economically feasible,

      the Commission shall require disclosure of a different useful
      measure of energy consumption (determined in accordance with test
      procedures prescribed under section 6293 of this title); and
        (B) information respecting the range of estimated annual
      operating costs for covered products to which the rule applies;
      except that if the Commission requires disclosure under
      subparagraph (A) of a measure of energy consumption different
      from estimated annual operating cost, then the label shall
      disclose the range of such measure of energy consumption of
      covered products to which such rule applies.

      (2) A rule under this section shall include the following:
        (A) A description of the type or class of covered products to
      which such rule applies.
        (B) Subject to paragraph (6), information respecting the range
      of estimated annual operating costs or other useful measure of
      energy consumption (determined in such manner as the rule may
      prescribe) for such type or class of covered products.
        (C) A description of the test procedures under section 6293 of
      this title used in determining the estimated annual operating
      costs or other measure of energy consumption of the type or class
      of covered products.
        (D) A prototype label and directions for displaying such label.

      (3) A rule under this section shall require that the label be
    displayed in a manner that the Commission determines is likely to
    assist consumers in making purchasing decisions and is appropriate
    to carry out this part. The Commission may permit a tag to be used
    in lieu of a label in any case in which the Commission finds that a
    tag will carry out the purposes for which the label was intended.
      (4) A rule under this section applicable to a covered product may
    require disclosure, in any printed matter displayed or distributed
    at the point of sale of such product, of any information which may
    be required under this section to be disclosed on the label of such
    product. Requirements under this paragraph shall not apply to any
    broadcast advertisement or any advertisement in any newspaper,
    magazine, or other periodical.
      (5) The Commission may require that a manufacturer of a covered
    product to which a rule under this section applies - 
        (A) include on the label,
        (B) separately attach to the product, or
        (C) ship with the product,

    additional information relating to energy consumption, including
    instructions for the maintenance, use, or repair of the covered
    product, if the Commission determines that such additional
    information would assist consumers in making purchasing decisions
    or in using such product, and that such requirement would not be
    unduly burdensome to manufacturers.
      (6) The Commission may delay the effective date of the
    requirement specified in paragraph (1)(B) of this subsection
    applicable to a type or class of covered product, insofar as it
    requires the disclosure on the label of information respecting
    range of a measure of energy consumption, for not more than 12
    months after the date on which the rule under this section is first
    applicable to such type or class, if the Commission determines that
    such information will not be available within an adequate period of
    time before such date.
      (7) Paragraphs (1), (2), (3), (5), and (6) of this subsection
    shall not apply to the covered product specified in paragraphs
    (13), (14), (15), (16), (17), and (18) of section 6292(a) of this
    title.
      (8) If a manufacturer of a covered product specified in paragraph
    (15) or (17) of section 6292(a) of this title elects to provide a
    label for such covered product conveying the estimated annual
    operating cost of such product or the range of estimated annual
    operating costs for the type or class of such product - 
        (A) such estimated cost or range of costs shall be determined
      in accordance with test procedures prescribed under section 6293
      of this title;
        (B) the format of such label shall be in accordance with a
      format prescribed by the Commission; and
        (C) such label shall be displayed in a manner, prescribed by
      the Commission, to be likely to assist consumers in making
      purchasing decisions and appropriate to carry out the purposes of
      this chapter.
    (d) Effective date
      A rule under this section (or an amendment thereto) shall not
    apply to any covered product the manufacture of which was completed
    prior to the effective date of such rule or amendment, as the case
    may be.
    (e) Study of certain products
      The Secretary, in consultation with the Commission, shall study
    consumer products for which labeling rules under this section have
    not been proposed, in order to determine (1) the aggregate energy
    consumption of such products, and (2) whether the imposition of
    labeling requirements under this section would be feasible and
    useful to consumers in making purchasing decisions. The Secretary
    shall include the results of such study in the annual report under
    section 6308 of this title.
    (f) Consultation
      The Secretary and the Commission shall consult with each other on
    a continuing basis as may be necessary or appropriate to carry out
    their respective responsibilities under this part. Before the
    Commission makes any determination under subsection (a)(1) of this
    section, it shall obtain the views of the Secretary and shall take
    such views into account in making such determination.
    (g) Other authority of the Commission
      Until such time as labeling rules under this section take effect
    with respect to a type or class of covered product, this section
    shall not affect any authority of the Commission under the Federal
    Trade Commission Act [15 U.S.C. 41 et seq.] to require labeling
    with respect to energy consumption of such type or class of covered
    product.

-SOURCE-
    (Pub. L. 94-163, title III, Sec. 324, Dec. 22, 1975, 89 Stat. 920;
    Pub. L. 95-619, title IV, Sec. 425(b), (c), title VI, Sec.
    691(b)(2), Nov. 9, 1978, 92 Stat. 3265, 3288; Pub. L. 100-12, Sec.
    11(a)(1), (b)(2), Mar. 17, 1987, 101 Stat. 124, 125; Pub. L. 100-
    357, Sec. 2(d), June 28, 1988, 102 Stat. 672; Pub. L. 102-486,
    title I, Sec. 123(e), Oct. 24, 1992, 106 Stat. 2822; Pub. L. 105-
    388, Sec. 5(a)(4), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 109-58,
    title I, Sec. 137, Aug. 8, 2005, 119 Stat. 645.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a)(2)(D)(ii), (E)(ii) and
    (c)(8)(C), was in the original "this Act", meaning Pub. L. 94-163,
    Dec. 22, 1975, 89 Stat. 871, as amended, known as the Energy Policy
    and Conservation Act. For complete classification of this Act to
    the Code, see Short Title note set out under section 6201 of this
    title and Tables.
      The Federal Trade Commission Act, referred to in subsec. (g), is
    act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of chapter 2
    of Title 15, Commerce and Trade. For complete classification of
    this Act to the Code, see section 58 of Title 15 and Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(2)(F), (G). Pub. L. 109-58, Sec. 137(a), added
    subpars. (F) and (G).
      Subsec. (a)(5). Pub. L. 109-58, Sec. 137(b), added par. (5).
      1998 - Subsec. (a)(2)(C)(ii). Pub. L. 105-388 substituted
    "section 6295(i)" for "section 6295(j)".
      1992 - Subsec. (a)(2)(C) to (E). Pub. L. 102-486, Sec. 123(e)(1),
    added subpars. (C) to (E).
      Subsec. (a)(3). Pub. L. 102-486, Sec. 123(e)(2), substituted
    "(19)" for "(14)".
      Subsec. (b)(1)(B). Pub. L. 102-486, Sec. 123(e)(3), substituted
    "(13), and paragraphs (15) through (19)" for "(14)".
      Subsec. (b)(3), (5). Pub. L. 102-486, Sec. 123(e)(4), substituted
    "(19)" for "(14)".
      Subsec. (c)(7). Pub. L. 102-486, Sec. 123(e)(5)(A), substituted
    "paragraphs (13), (14), (15), (16), (17), and (18) of section
    6292(a)" for "paragraph (13) of section 6292".
      Subsec. (c)(8). Pub. L. 102-486, Sec. 123(e)(5)(B), added par.
    (8).
      1988 - Subsec. (a)(2). Pub. L. 100-357, Sec. 2(d)(1), designated
    existing provision as subpar. (A) and added subpar. (B).
      Subsecs. (a)(3), (b)(1)(B), (3), (5). Pub. L. 100-357, Sec.
    2(d)(2), substituted "(14)" for "(13)".
      Subsec. (c)(7). Pub. L. 100-357, Sec. 2(d)(3), added par. (7).
      1987 - Subsec. (a). Pub. L. 100-12, Sec. 11(b)(2)(A), inserted
    heading.
      Subsec. (a)(1). Pub. L. 100-12, Sec. 11(a)(1)(A), substituted
    "paragraphs (1), (2), (4), (6), and (8) through (12)" for
    "paragraphs (1) through (9)".
      Subsec. (a)(2). Pub. L. 100-12, Sec. 11(a)(1)(B), substituted
    "paragraphs (3), (5), and (7)" for "paragraphs (10) through (13)".
      Subsec. (a)(3). Pub. L. 100-12, Sec. 11(a)(1)(C)(i), substituted
    "paragraph (13)" for "paragraph (14)".
      Subsec. (a)(3)(A). Pub. L. 100-12, Sec. 11(a)(1)(C)(ii), added
    subpar. (A) and struck out former subpar. (A) which read as
    follows: "the Commission or the Secretary has made a determination
    with respect to such type (or class thereof) under section
    6293(a)(5)(B) of this title,".
      Subsec. (a)(3)(B). Pub. L. 100-12, Sec. 11(a)(1)(C)(iii),
    substituted "section 6293(b)(1)(B)" for "section 6293(a)(5)".
      Subsec. (b). Pub. L. 100-12, Sec. 11(a)(1)(D), inserted heading.
      Subsec. (b)(1). Pub. L. 100-12, Sec. 11(a)(1)(D), added par. (1)
    and struck out former par. (1) which read as follows: "Not later
    than 30 days after the date on which a proposed test procedure
    applicable to a covered product of any of the types specified in
    paragraphs (1) through (14) of section 6292(a) of this title (or
    class thereof) is published under section 6293(a) of this title,
    the Commission shall publish a proposed labeling rule applicable to
    such type (or class thereof)."
      Subsec. (b)(3). Pub. L. 100-12, Sec. 11(a)(1)(E), substituted
    "section 6293(b)" for "section 6293" in two places, "(12)" for
    "(13)", and "(13)" for "(14)".
      Subsec. (b)(5). Pub. L. 100-12, Sec. 11(a)(1)(F), substituted
    "(3), (5), and (7)" for "(10) through (13)" and "(13)" for "(14)".
      Subsec. (c). Pub. L. 100-12, Sec. 11(b)(2)(B), inserted heading.
      Subsec. (d). Pub. L. 100-12, Sec. 11(b)(2)(C), inserted heading.
      Subsec. (e). Pub. L. 100-12, Sec. 11(b)(2)(D), inserted heading.
      Subsec. (f). Pub. L. 100-12, Sec. 11(b)(2)(E), inserted heading.
      Pub. L. 100-12, Sec. 11(a)(1)(G), struck out "or (2)" after
    "subsection (a)(1)".
      Subsec. (g). Pub. L. 100-12, Sec. 11(b)(2)(F), inserted heading.
      1978 - Subsec. (a)(1), (2). Pub. L. 95-619, Sec. 425(b), struck
    out labeling rule exception where Administrator had determined
    under section 6293(a)(6) of this title that test procedures could
    not be developed pursuant to section 6293(b) of this title.
      Subsec. (a)(3). Pub. L. 95-619, Sec. 691(b)(2), substituted
    "Secretary" for "Administrator", meaning Administrator of the
    Federal Energy Administration, in cls. (A) and (B).
      Subsec. (c)(1)(A)(i). Pub. L. 95-619, Sec. 691(b)(2), substituted
    "Secretary" for "Administrator".
      Subsec. (c)(5). Pub. L. 95-619, Sec. 425(c), inserted "including
    instructions for the maintenance, use, or repair of the covered
    product," after "energy consumption".
      Subsecs. (e), (f). Pub. L. 95-619, Sec. 691(b)(2), substituted
    "Secretary" for "Administrator" wherever appearing.

-End-



-CITE-
    42 USC Sec. 6294a                                           01/03/2007

-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. 6294a. Energy Star program

-STATUTE-
    (a) In general
      There is established within the Department of Energy and the
    Environmental Protection Agency a voluntary program to identify and
    promote energy-efficient products and buildings in order to reduce
    energy consumption, improve energy security, and reduce pollution
    through voluntary labeling of, or other forms of communication
    about, products and buildings that meet the highest energy
    conservation standards.
    (b) Division of responsibilities
      Responsibilities under the program shall be divided between the
    Department of Energy and the Environmental Protection Agency in
    accordance with the terms of applicable agreements between those
    agencies.
    (c) Duties
      The Administrator and the Secretary shall - 
        (1) promote Energy Star compliant technologies as the preferred
      technologies in the marketplace for - 
          (A) achieving energy efficiency; and
          (B) reducing pollution;

        (2) work to enhance public awareness of the Energy Star label,
      including by providing special outreach to small businesses;
        (3) preserve the integrity of the Energy Star label;
        (4) regularly update Energy Star product criteria for product
      categories;
        (5) solicit comments from interested parties prior to
      establishing or revising an Energy Star product category,
      specification, or criterion (or prior to effective dates for any
      such product category, specification, or criterion);
        (6) on adoption of a new or revised product category,
      specification, or criterion, provide reasonable notice to
      interested parties of any changes (including effective dates) in
      product categories, specifications, or criteria, along with - 
          (A) an explanation of the changes; and
          (B) as appropriate, responses to comments submitted by
        interested parties; and

        (7) provide appropriate lead time (which shall be 270 days,
      unless the Agency or Department specifies otherwise) prior to the
      applicable effective date for a new or a significant revision to
      a product category, specification, or criterion, taking into
      account the timing requirements of the manufacturing, product
      marketing, and distribution process for the specific product
      addressed.
    (d) Deadlines
      The Secretary shall establish new qualifying levels - 
        (1) not later than January 1, 2006, for clothes washers and
      dishwashers, effective beginning January 1, 2007; and
        (2) not later than January 1, 2008, for clothes washers,
      effective beginning January 1, 2010.

-SOURCE-
    (Pub. L. 94-163, title III, Sec. 324A, as added Pub. L. 109-58,
    title I, Sec. 131(a), Aug. 8, 2005, 119 Stat. 620.)

-End-



-CITE-
    42 USC Sec. 6295                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY
    Part A - Energy Conservation Program for Consumer Products Other
              Than Automobiles                        

-HEAD-
    Sec. 6295. Energy conservation standards

-STATUTE-
    (a) Purposes
      The purposes of this section are to - 
        (1) provide Federal energy conservation standards applicable to
      covered products; and
        (2) authorize the Secretary to prescribe amended or new energy
      conservation standards for each type (or class) of covered
      product.
    (b) Standards for refrigerators, refrigerator-freezers, and
      freezers
      (1) The following is the maximum energy use allowed in kilowatt
    hours per year for the following products (other than those
    described in paragraph (2)) manufactured on or after January 1,
    1990:


                                                              ergy      
                                                            Standards   
                                                            Equations   
    --------------------------------------------------------------------
    Refrigerators and Refrigerator-Freezers with             16.3 AV+316
     manual defrost                                                     
    Refrigerator-Freezers - partial automatic                21.8 AV+429
     defrost                                                            
    Refrigerator-Freezers - automatic defrost with:                     
      Top mounted freezer without ice                        23.5 AV+471
      Side mounted freezer without ice                       27.7 AV+488
      Bottom mounted freezer without ice                     27.7 AV+488
      Top mounted freezer with through the door ice          26.4 AV+535
       service                                                          
      Side mounted freezer with through the door ice         30.9 AV+547
    Upright Freezers with:                                              
      Manual defrost                                         10.9 AV+422
      Automatic defrost                                      16.0 AV+623
    Chest Freezers and all other freezers                    14.8 AV+223
    --------------------------------------------------------------------

      (2) The standards described in paragraph (1) do not apply to
    refrigerators and refrigerator-freezers with total refrigerated
    volume exceeding 39 cubic feet or freezers with total refrigerated
    volume exceeding 30 cubic feet.
      (3)(A)(i) The Secretary shall publish a proposed rule, no later
    than July 1, 1988, to determine if the standards established by
    paragraph (1) should be amended. The Secretary shall publish a
    final rule no later than July 1, 1989, which shall contain such
    amendment, if any, and provide that the amendment shall apply to
    products manufactured on or after January 1, 1993. If such a final
    rule is not published before January 1, 1990, any amendment of such
    standards shall apply to products manufactured on or after January
    1, 1995. Nothing in this subsection provides any justification or
    defense for a failure by the Secretary to comply with the
    nondiscretionary duty to publish final rules by the dates stated in
    this paragraph.
      (ii)(I) If the Secretary does not publish a final rule before
    January 1, 1990, relating to the revision of the energy
    conservation standards for refrigerators, refrigerator-freezers and
    freezers, the regulations which established standards for such
    products and were promulgated by the California Energy Commission
    on December 14, 1984, to be effective January 1, 1992 (or any
    amendments to such standards that are not more stringent than the
    standards in the original regulations), shall apply in California
    to such products, effective beginning January 1, 1993, and shall
    not be preempted after such effective date by any energy
    conservation standard established in this section or prescribed, on
    or after January 1, 1990, under this section.
      (II) If the Secretary does not publish a final rule before
    January 1, 1992, relating to the revision of the energy
    conservation standards for refrigerators, refrigerator-freezers and
    freezers, State regulations which apply to such products
    manufactured on or after January 1, 1995, shall apply to such
    products until the effective date of a rule issued under this
    section with respect to such products.
      (B) After the publication of a final rule under subparagraph (A),
    the Secretary shall publish a final rule no later than five years
    after the date of publication of the previous final rule. The
    Secretary shall determine in such rule whether to amend the
    standards in effect for the products described in paragraph (1).
      (C) Any amendment prescribed under subparagraph (B) shall apply
    to products manufactured after a date which is five years after - 
        (i) the effective date of the previous amendment; or
        (ii) if the previous final rule did not amend the standards,
      the earliest date by which the previous amendment could have been
      effective;

    except that in no case may any amended standard apply to products
    manufactured within three years after publication of the final rule
    establishing such amended standard.
    (c) Standards for room air conditioners
      (1) The energy efficiency ratio of room air conditioners shall be
    not less than the following for products manufactured on or after
    January 1, 1990:


                         Product Class:                            tio  
    --------------------------------------------------------------------
      Without Reverse Cycle and With Louvered Sides:                    
          Less than 6,000 Btu                                        8.0
          6,000 to 7,999 Btu                                         8.5
          8,000 to 13,999 Btu                                        9.0
          14,000 to 19,999 Btu                                       8.8
          20,000 and more Btu                                        8.2
      Without Reverse Cycle and Without Louvered Sides:                 
          Less than 6,000 Btu                                        8.0
          6,000 to 7,999 Btu                                         8.5
          8,000 to 13,999 Btu                                        8.5
          14,000 to 19,999 Btu                                       8.5
          20,000 and more Btu                                        8.2
      With Reverse Cycle and With Louvered Sides                     8.5
      With Reverse Cycle, Without Louvered Sides                     8.0
    --------------------------------------------------------------------

      (2)(A) The Secretary shall publish a final rule no later than
    January 1, 1992, to determine if the standards established under
    paragraph (1) should be amended. Such rule shall contain such
    amendment, if any, and provide that the amendment shall apply to
    products manufactured on or after January 1, 1995.
      (B) After January 1, 1992, the Secretary shall publish a final
    rule no later than five years after the date of publication of a
    previous final rule. The Secretary shall determine in such rule
    whether to amend the standards in effect for room air conditioners.
      (C) Any amendment prescribed under subparagraph (B) shall apply
    to products manufactured after a date which is five years after - 
        (i) the effective date of the previous amendment; or
        (ii) if the previous final rule did not amend the standards,
      the earliest date by which a previous amendment could have been
      effective;

    except that in no case may any amended standard apply to products
    manufactured within three years after publication of the final rule
    establishing such amended standard.
    (d) Standards for central air conditioners and heat pumps
      (1) The seasonal energy efficiency ratio of central air
    conditioners and central air conditioning heat pumps shall be not
    less than the following:
        (A) Split Systems: 10.0 for products manufactured on or after
      January 1, 1992.
        (B) Single Package Systems: 9.7 for products manufactured on or
      after January 1, 1993.

      (2) The heating seasonal performance factor of central air
    conditioning heat pumps shall be not less than the following:
        (A) Split Systems: 6.8 for products manufactured on or after
      January 1, 1992.
        (B) Single Package Systems: 6.6 for products manufactured on or
      after January 1, 1993.

      (3)(A) The Secretary shall publish a final rule no later than
    January 1, 1994, to determine whether the standards established
    under paragraph (1) should be amended. Such rule shall contain such
    amendment, if any, and provide that the amendment shall apply to
    products manufactured on or after January 1, 1999. The Secretary
    shall publish a final rule no later than January 1, 1994, to
    determine whether the standards established under paragraph (2)
    shall be amended. Such rule shall contain such amendment, if any,
    and provide that the amendment shall apply to products manufactured
    on or after January 1, 2002.
      (B) The Secretary shall publish a final rule after January 1,
    1994, and no later than January 1, 2001, to determine whether the
    standards in effect for central air conditioners and central air
    conditioning heat pumps should be amended. Such rule shall provide
    that any amendment shall apply to products manufactured on or after
    January 1, 2006.
    (e) Standards for water heaters; pool heaters; direct heating
      equipment
      (1) The energy factor of water heaters shall be not less than the
    following for products manufactured on or after January 1, 1990:


    (A) Gas Water Heater:           .62-(.0019 x Rated Storage Volume   
                                     in gallons)                        
    (B) Oil Water Heater:           .59-(.0019 x Rated Storage Volume   
                                     in gallons)                        
    (C) Electric Water Heater:      .95-(.00132 x Rated Storage Volume  
                                     in gallons)                        
    --------------------------------------------------------------------

      (2) The thermal efficiency of pool heaters manufactured on or
    after January 1, 1990, shall not be less than 78 percent.
      (3) The efficiencies of gas direct heating equipment manufactured
    on or after January 1, 1990, shall be not less than the following:


    Wall                                                                
      Fan type                                                          
        Up to 42,000 Btu/hour                                   73% AFUE
        Over 42,000 Btu/hour                                    74% AFUE
      Gravity type                                                      
        Up to 10,000 Btu/hour                                   59% AFUE
        Over 10,000 Btu/hour up to 12,000 Btu/hour              60% AFUE
        Over 12,000 Btu/hour up to 15,000 Btu/hour              61% AFUE
        Over 15,000 Btu/hour up to 19,000 Btu/hour              62% AFUE
        Over 19,000 Btu/hour up to 27,000 Btu/hour              63% AFUE
        Over 27,000 Btu/hour up to 46,000 Btu/hour              64% AFUE
        Over 46,000 Btu/hour                                    65% AFUE
    Floor                                                               
        Up to 37,000 Btu/hour                                   56% AFUE
        Over 37,000 Btu/hour                                    57% AFUE
    Room                                                                
        Up to 18,000 Btu/hour                                   57% AFUE
        Over 18,000 Btu/hour up to 20,000 Btu/hour              58% AFUE
        Over 20,000 Btu/hour up to 27,000 Btu/hour              63% AFUE
        Over 27,000 Btu/hour up to 46,000 Btu/hour              64% AFUE
        Over 46,000 Btu/hour                                    65% AFUE
    --------------------------------------------------------------------

      (4)(A) The Secretary shall publish final rules no later than
    January 1, 1992, to determine whether the standards established by
    paragraph (1), (2), or (3) for water heaters, pool heaters, and
    direct heating equipment should be amended. Such rule shall provide
    that any amendment shall apply to products manufactured on or after
    January 1, 1995.
      (B) The Secretary shall publish a final rule no later than
    January 1, 2000, to determine whether standards in effect for such
    products should be amended. Such rule shall provide that any such
    amendment shall apply to products manufactured on or after January
    1, 2005.
    (f) Standards for furnaces
      (1) Furnaces (other than furnaces designed solely for
    installation in mobile homes) manufactured on or after January 1,
    1992, shall have an annual fuel utilization efficiency of not less
    than 78 percent, except that - 
        (A) boilers (other than gas steam boilers) shall have an annual
      fuel utilization efficiency of not less than 80 percent and gas
      steam boilers shall have an annual fuel utilization efficiency of
      not less than 75 percent; and
        (B) the Secretary shall prescribe a final rule not later than
      January 1, 1989, establishing an energy conservation standard - 
          (i) which is for furnaces (other than furnaces designed
        solely for installation in mobile homes) having an input of
        less than 45,000 Btu per hour and manufactured on or after
        January 1, 1992;
          (ii) which provides that the annual fuel utilization
        efficiency of such furnaces shall be a specific percent which
        is not less than 71 percent and not more than 78 percent; and
          (iii) which the Secretary determines is not likely to result
        in a significant shift from gas heating to electric resistance
        heating with respect to either residential construction or
        furnace replacement.

      (2) Furnaces which are designed solely for installation in mobile
    homes and which are manufactured on or after September 1, 1990,
    shall have an annual fuel utilization efficiency of not less than
    75 percent.
      (3)(A) The Secretary shall publish a final rule no later than
    January 1, 1992, to determine whether the standards established by
    paragraph (2) for mobile home furnaces should be amended. Such rule
    shall provide that any amendment shall apply to products
    manufactured on or after January 1, 1994.
      (B) The Secretary shall publish a final rule no later than
    January 1, 1994, to determine whether the standards established by
    this subsection for furnaces (including mobile home furnaces)
    should be amended. Such rule shall provide that any amendment shall
    apply to products manufactured on or after January 1, 2002.
      (C) After January 1, 1997, and before January 1, 2007, the
    Secretary shall publish a final rule to determine whether standards
    in effect for such products should be amended. Such rule shall
    contain such amendment, if any, and provide that any amendment
    shall apply to products manufactured on or after January 1, 2012.
      (D) Notwithstanding any other provision of this chapter, if the
    requirements of subsection (o) of this section are met, the
    Secretary may consider and prescribe energy conservation standards
    or energy use standards for electricity used for purposes of
    circulating air through duct work.
    (g) Standards for dishwashers; clothes washers; clothes dryers;
      fluorescent lamp ballasts
      (1) Dishwashers manufactured on or after January 1, 1988, shall
    be equipped with an option to dry without heat.
      (2) All rinse cycles of clothes washers shall include an unheated
    water option, but may have a heated water rinse option, for
    products manufactured on or after January 1, 1988.
      (3) Gas clothes dryers shall not be equipped with a constant
    burning pilot for products manufactured on or after January 1,
    1988.
      (4)(A) The Secretary shall publish final rules no later than
    January 1, 1990, to determine if the standards established under
    this subsection for products described in paragraphs (1), (2), and
    (3) should be amended. Such rules shall provide that any amendment
    shall apply to products the manufacture of which is completed on or
    after January 1, 1993.
      (B) After January 1, 1990, the Secretary shall publish a final
    rule no later than five years after the date of publication of the
    previous final rule. The Secretary shall determine in such rule
    whether to amend the standards in effect for such products.
      (C) Any such amendment shall apply to products manufactured after
    a date which is five years after - 
        (i) the effective date of the previous amendment; or
        (ii) if the previous final rule did not amend the standard, the
      earliest date by which a previous amendment could have been in
      effect;

    except that in no case may any amended standard apply to products
    manufactured within three years after publication of the final rule
    establishing such standard.
      (5) Except as provided in paragraph (6), each fluorescent lamp
    ballast - 
        (A)(i) manufactured on or after January 1, 1990;
        (ii) sold by the manufacturer on or after April 1, 1990; or
        (iii) incorporated into a luminaire by a luminaire manufacturer
      on or after April 1, 1991; and
        (B) designed - 
          (i) to operate at nominal input voltages of 120 or 277 volts;
          (ii) to operate with an input current frequency of 60 Hertz;
        and
          (iii) for use in connection with an F40T12, F96T12, or
        F96T12HO lamps;

    shall have a power factor of 0.90 or greater and shall have a
    ballast efficacy factor not less than the following:


          Application for           Ballast        Total         Ballast  
            Operation of             Input        Nominal       Efficacy  
                                    Voltage      Lamp Watts      Factor   
    --------------------------------------------------------------------
    one F40T12 lamp                       120             40         1.805
                                          277             40         1.805
    two F40T12 lamps                      120             80         1.060
                                          277             80         1.050
    two F96T12 lamps                      120            150         0.570
                                          277            150         0.570
    two F96T12HO lamps                    120            220         0.390
                                          277            220         0.390
    --------------------------------------------------------------------

      (6) The standards described in paragraph (5) do not apply to (A)
    a ballast which is designed for dimming or for use in ambient
    temperatures of 0&#186;<!-- degrees --> F or less, or (B) a
    ballast which has a power factor of less than 0.90 and is designed
    and labeled for use only in residential building applications.
      (7)(A) The Secretary shall publish a final rule no later than
    January 1, 1992, to determine if the standards established under
    paragraph (5) should be amended, including whether such standards
    should be amended so that they would be applicable to ballasts
    described in paragraph (6) and other fluorescent lamp ballasts.
    Such rule shall contain such amendment, if any, and provide that
    the amendment shall apply to products manufactured on or after
    January 1, 1995.
      (B) After January 1, 1992, the Secretary shall publish a final
    rule no later than five years after the date of publication of a
    previous final rule. The Secretary shall determine in such rule
    whether to amend the standards in effect for fluorescent lamp
    ballasts, including whether such standards should be amended so
    that they would be applicable to additional fluorescent lamp
    ballasts.
      (C) Any amendment prescribed under subparagraph (B) shall apply
    to products manufactured after a date which is five years after - 
        (i) the effective date of the previous amendment; or
        (ii) if the previous final rule did not amend the standards,
      the earliest date by which a previous amendment could have been
      effective;

    except that in no case may any amended standard apply to products
    manufactured within three years after publication of the final rule
    establishing such amended standard.
      (8)(A) Each fluorescent lamp ballast (other than replacement
    ballasts or ballasts described in subparagraph (C)) - 
        (i)(I) manufactured on or after July 1, 2009;
        (II) sold by the manufacturer on or after October 1, 2009; or
        (III) incorporated into a luminaire by a luminaire manufacturer
      on or after July 1, 2010; and
        (ii) designed - 
          (I) to operate at nominal input voltages of 120 or 277 volts;
          (II) to operate with an input current frequency of 60 Hertz;
        and
          (III) for use in connection with F34T12 lamps, F96T12/ES
        lamps, or F96T12HO/ES lamps;

    shall have a power factor of 0.90 or greater and shall have a
    ballast efficacy factor of not less than the following:


       Application for operation of       Ballast      Total      Ballast 
                                           input      nominal    efficacy 
                                          voltage      lamp       factor  
                                                       watts              
    --------------------------------------------------------------------
    One F34T12 lamp                     120/277     34          2.61      
    Two F34T12 lamps                    120/277     68          1.35      
    Two F96T12/ES lamps                 120/277     120         0.77      
    Two F96T12HO/ES lamps               120/277     190         0.42.     
    --------------------------------------------------------------------

      (B) The standards described in subparagraph (A) shall apply to
    all ballasts covered by subparagraph (A)(ii) that are manufactured
    on or after July 1, 2010, or sold by the manufacturer on or after
    October 1, 2010.
      (C) The standards described in subparagraph (A) do not apply to -
    
        (i) a ballast that is designed for dimming to 50 percent or
      less of the maximum output of the ballast;
        (ii) a ballast that is designed for use with 2 F96T12HO lamps
      at ambient temperatures of 20&#186;<!-- degrees -->F or less
      and for use in an outdoor sign; or
        (iii) a ballast that has a power factor of less than 0.90 and
      is designed and labeled for use only in residential applications.
    (h) Standards for kitchen ranges and ovens
      (1) Gas kitchen ranges and ovens having an electrical supply cord
    shall not be equipped with a constant burning pilot for products
    manufactured on or after January 1, 1990.
      (2)(A) The Secretary shall publish a final rule no later than
    January 1, 1992, to determine if the standards established for
    kitchen ranges and ovens in this subsection should be amended. Such
    rule shall contain such amendment, if any, and provide that the
    amendment shall apply to products manufactured on or after January
    1, 1995.
      (B) The Secretary shall publish a final rule no later than
    January 1, 1997, to determine whether standards in effect for such
    products should be amended. Such rule shall apply to products
    manufactured on or after January 1, 2000.
    (i) General service fluorescent lamps and incandescent reflector
      lamps
      (1)(A) Each of the following general service fluorescent lamps
    and incandescent reflector lamps manufactured after the effective
    date specified in the tables listed in this paragraph shall meet or
    exceed the following lamp efficacy and CRI standards:



                             FLUORESCENT LAMPS                         
    --------------------------------------------------------------------
    Lamp Type: 4-foot medium bi-pin 
      Nominal Lamp Wattage: >35 W 
      Minimum CRI: 69 
      Minimum Average Lamp , Efficacy (LPW): 75.0 
      Effective Date (Months): 36
      Nominal Lamp Wattage: &le;35 W 
      Minimum CRI: 45 
      Minimum Average Lamp , Efficacy (LPW): 75.0 
      Effective Date (Months): 36
    Lamp Type: 2-foot U-shaped 
      Nominal Lamp Wattage: >35 W 
      Minimum CRI: 69 
      Minimum Average Lamp , Efficacy (LPW): 68.0 
      Effective Date (Months): 36
      Nominal Lamp Wattage: &le;35 W 
      Minimum CRI: 45 
      Minimum Average Lamp , Efficacy (LPW): 64.0 
      Effective Date (Months): 36
    Lamp Type: 8-foot slimline 
      Nominal Lamp Wattage:  65 W 
      Minimum CRI: 69 
      Minimum Average Lamp , Efficacy (LPW): 80.0 
      Effective Date (Months): 18
      Nominal Lamp Wattage: &le;65 W 
      Minimum CRI: 45 
      Minimum Average Lamp , Efficacy (LPW): 80.0 
      Effective Date (Months): 18
    Lamp Type: 8-foot high output 
      Nominal Lamp Wattage: >100 W 
      Minimum CRI: 69 
      Minimum Average Lamp , Efficacy (LPW): 80.0 
      Effective Date (Months): 18
      Nominal Lamp Wattage: &le;100 W 
      Minimum CRI: 45 
      Minimum Average Lamp , Efficacy (LPW): 80.0 
      Effective Date (Months): 18
    --------------------------------------------------------------------




                       INCANDESCENT REFLECTOR LAMPS                   
    --------------------------------------------------------------------
          Nominal Lamp Wattage               Minimum          Effective 
                                             Average             Date   
                                               Lamp            (Months) 
                                          Efficacy (LPW)                
    --------------------------------------------------------------------
    40-50                                            10.5             36
    51-66                                            11.0             36
    67-85                                            12.5             36
    86-115                                           14.0             36
    116-155                                          14.5             36
    156-205                                          15.0             36
    --------------------------------------------------------------------

      (B) For the purposes of the tables set forth in subparagraph (A),
    the term "effective date" means the last day of the month set forth
    in the table which follows October 24, 1992.
      (2) Notwithstanding section 6302(a)(5) of this title and section
    6302(b) of this title, it shall not be unlawful for a manufacturer
    to sell a lamp which is in compliance with the law at the time such
    lamp was manufactured.
      (3) Not less than 36 months after October 24, 1992, the Secretary
    shall initiate a rulemaking procedure and shall publish a final
    rule not later than the end of the 54-month period beginning on
    October 24, 1992, to determine if the standards established under
    paragraph (1) should be amended. Such rule shall contain such
    amendment, if any, and provide that the amendment shall apply to
    products manufactured on or after the 36-month period beginning on
    the date such final rule is published.
      (4) Not less than eight years after October 24, 1992, the
    Secretary shall initiate a rulemaking procedure and shall publish a
    final rule not later than nine years and six months after October
    24, 1992, to determine if the standards in effect for fluorescent
    lamps and incandescent lamps should be amended. Such rule shall
    contain such amendment, if any, and provide that the amendment
    shall apply to products manufactured on or after the 36-month
    period beginning on the date such final rule is published.
      (5) Not later than the end of the 24-month period beginning on
    the date labeling requirements under section 6294(a)(2)(C) of this
    title become effective, the Secretary shall initiate a rulemaking
    procedure to determine if the standards in effect for fluorescent
    lamps and incandescent lamps should be amended so that they would
    be applicable to additional general service fluorescent and general
    service incandescent lamps and shall publish, not later than 18
    months after initiating such rulemaking, a final rule including
    such amended standards, if any. Such rule shall provide that the
    amendment shall apply to products manufactured after a date which
    is 36 months after the date such rule is published.
      (6)(A) With respect to any lamp to which standards are applicable
    under this subsection or any lamp specified in section 6317 of this
    title, the Secretary shall inform any Federal entity proposing
    actions which would adversely impact the energy consumption or
    energy efficiency of such lamp of the energy conservation
    consequences of such action. It shall be the responsibility of such
    Federal entity to carefully consider the Secretary's comments.
      (B) Notwithstanding subsection (n)(1) of this section, the
    Secretary shall not be prohibited from amending any standard, by
    rule, to permit increased energy use or to decrease the minimum
    required energy efficiency of any lamp to which standards are
    applicable under this subsection if such action is warranted as a
    result of other Federal action (including restrictions on materials
    or processes) which would have the effect of either increasing the
    energy use or decreasing the energy efficiency of such product.
      (7) Not later than the date on which standards established
    pursuant to this subsection become effective, or, with respect to
    high-intensity discharge lamps covered under section 6317 of this
    title, the effective date of standards established pursuant to such
    section, each manufacturer of a product to which such standards are
    applicable shall file with the Secretary a laboratory report
    certifying compliance with the applicable standard for each lamp
    type. Such report shall include the lumen output and wattage
    consumption for each lamp type as an average of measurements taken
    over the preceding 12-month period. With respect to lamp types
    which are not manufactured during the 12-month period preceding the
    date such standards become effective, such report shall be filed
    with the Secretary not later than the date which is 12 months after
    the date manufacturing is commenced and shall include the lumen
    output and wattage consumption for each such lamp type as an
    average of measurements taken during such 12-month period.
    (j) Standards for showerheads and faucets
      (1) The maximum water use allowed for any showerhead manufactured
    after January 1, 1994, is 2.5 gallons per minute when measured at a
    flowing water pressure of 80 pounds per square inch. Any such
    showerhead shall also meet the requirements of ASME/ANSI A112.18.1M-
    1989, 7.4.3(a).
      (2) The maximum water use allowed for any of the following
    faucets manufactured after January 1, 1994, when measured at a
    flowing water pressure of 80 pounds per square inch, is as follows:


    Lavatory faucets                          2.5 gallons per minute    
    Lavatory replacement aerators             2.5 gallons per minute    
    Kitchen faucets                           2.5 gallons per minute    
    Kitchen replacement aerators              2.5 gallons per minute    
    Metering faucets                          0.25 gallons per cycle    
    --------------------------------------------------------------------

      (3)(A) If the maximum flow rate requirements or the design
    requirements of ASME/ANSI Standard A112.18.1M-1989 are amended to
    improve the efficiency of water use of any type or class of
    showerhead or faucet and are approved by ANSI, the Secretary shall,
    not later than 12 months after the date of such amendment, publish
    a final rule establishing an amended uniform national standard for
    that product at the level specified in the amended ASME/ANSI
    Standard A112.18.1M and providing that such standard shall apply to
    products manufactured after a date which is 12 months after the
    publication of such rule, unless the Secretary determines, by rule
    published in the Federal Register, that adoption of a uniform
    national standard at the level specified in such amended ASME/ANSI
    Standard A112.18.1M - 
        (i) is not technologically feasible and economically justified
      under subsection (o) of this section;
        (ii) is not consistent with the maintenance of public health
      and safety; or
        (iii) is not consistent with the purposes of this chapter.

      (B)(i) As part of the rulemaking conducted under subparagraph
    (A), the Secretary shall also determine if adoption of a uniform
    national standard for any type or class of showerhead or faucet
    more stringent than such amended ASME/ANSI Standard A112.18.1M - 
        (I) would result in additional conservation of energy or water;
        (II) would be technologically feasible and economically
      justified under subsection (o) of this section; and
        (III) would be consistent with the maintenance of public health
      and safety.

      (ii) If the Secretary makes an affirmative determination under
    clause (i), the final rule published under subparagraph (A) shall
    waive the provisions of section 6297(c) of this title with respect
    to any State regulation concerning the water use or water
    efficiency of such type or class of showerhead or faucet if such
    State regulation - 
        (I) is more stringent than amended ASME/ANSI Standard
      A112.18.1M for such type or class of showerhead or faucet and the
      standard in effect for such product on the day before the date on
      which a final rule is published under subparagraph (A); and
        (II) is applicable to any sale or installation of all products
      in such type or class of showerhead or faucet.

      (C) If, after any period of five consecutive years, the maximum
    flow rate requirements of the ASME/ANSI standard for showerheads
    are not amended to improve the efficiency of water use of such
    products, or after any such period such requirements for faucets
    are not amended to improve the efficiency of water use of such
    products, the Secretary shall, not later than six months after the
    end of such five-year period, publish a final rule waiving the
    provisions of section 6297(c) of this title with respect to any
    State regulation concerning the water use or water efficiency of
    such type or class of showerhead or faucet if such State regulation
    - 
        (i) is more stringent than the standards in effect for such
      type of class of showerhead or faucet; and
        (ii) is applicable to any sale or installation of all products
      in such type or class of showerhead or faucet.
    (k) Standards for water closets and urinals
      (1)(A) Except as provided in subparagraph (B), the maximum water
    use allowed in gallons per flush for any of the following water
    closets manufactured after January 1, 1994, is the following:

      Gravity tank-type toilets                               1.6 gpf.
      Flushometer tank toilets                                1.6 gpf.
      Electromechanical hydraulic toilets                     1.6 gpf.
      Blowout toilets                                         3.5 gpf.

      (B) The maximum water use allowed for any gravity tank-type white
    2-piece toilet which bears an adhesive label conspicuous upon
    installation consisting of the words "Commercial Use Only"
    manufactured after January 1, 1994, and before January 1, 1997, is
    3.5 gallons per flush.
      (C) The maximum water use allowed for flushometer valve toilets,
    other than blowout toilets, manufactured after January 1, 1997, is
    1.6 gallons per flush.
      (2) The maximum water use allowed for any urinal manufactured
    after January 1, 1994, is 1.0 gallon per flush.
      (3)(A) If the maximum flush volume requirements of ASME Standard
    A112.19.6-1990 are amended to improve the efficiency of water use
    of any low consumption water closet or low consumption urinal and
    are approved by ANSI, the Secretary shall, not later than 12 months
    after the date of such amendment, publish a final rule establishing
    an amended uniform national standard for that product at the level
    specified in amended ASME/ANSI Standard A112.19.6 and providing
    that such standard shall apply to products manufactured after a
    date which is one year after the publication of such rule, unless
    the Secretary determines, by rule published in the Federal
    Register, that adoption of a uniform national standard at the level
    specified in such amended ASME/ANSI Standard A112.19.6 - 
        (i) is not technologically feasible and economically justified
      under subsection (o) of this section;
        (ii) is not consistent with the maintenance of public health
      and safety; or
        (iii) is not consistent with the purposes of this chapter.

      (B)(i) As part of the rulemaking conducted under subparagraph
    (A), the Secretary shall also determine if adoption of a uniform
    national standard for any type or class of low consumption water
    closet or low consumption urinal more stringent than such amended
    ASME/ANSI Standard A112.19.6 for such product - 
        (I) would result in additional conservation of energy or water;
        (II) would be technologically feasible and economically
      justified under subsection (o) of this section; and
        (III) would be consistent with the maintenance of public health
      and safety.

      (ii) If the Secretary makes an affirmative determination under
    clause (i), the final rule published under subparagraph (A) shall
    waive the provisions of section 6297(c) of this title with respect
    to any State regulation concerning the water use or water
    efficiency of such type or class of low consumption water closet or
    low consumption urinal if such State regulation - 
        (I) is more stringent than amended ASME/ANSI Standard A112.19.6
      for such type or class of low consumption water closet or low
      consumption urinal and the standard in effect for such product on
      the day before the date on which a final rule is published under
      subparagraph (A); and
        (II) is applicable to any sale or installation of all products
      in such type or class of low consumption water closet or low
      consumption urinal.

      (C) If, after any period of five consecutive years, the maximum
    flush volume requirements of the ASME/ANSI standard for low
    consumption water closets are not amended to improve the efficiency
    of water use of such products, or after any such period such
    requirements for low consumption urinals are not amended to improve
    the efficiency of water use of such products, the Secretary shall,
    not later than six months after the end of such five-year period,
    publish a final rule waiving the provisions of section 6297(c) of
    this title with respect to any State regulation concerning the
    water use or water efficiency of such type or class of water closet
    or urinal if such State regulation - 
        (i) is more stringent than the standards in effect for such
      type or class of water closet or urinal; and
        (ii) is applicable to any sale or installation of all products
      in such type or class of water closet or urinal.
    (l) Standards for other covered products
      (1) The Secretary may prescribe an energy conservation standard
    for any type (or class) of covered products of a type specified in
    paragraph (19) of section 6292(a) of this title if the requirements
    of subsections (o) and (p) of this section are met and the
    Secretary determines that - 
        (A) the average per household energy use within the United
      States by products of such type (or class) exceeded 150 kilowatt-
      hours (or its Btu equivalent) for any 12-month period ending
      before such determination;
        (B) the aggregate household energy use within the United States
      by products of such type (or class) exceeded 4,200,000,000
      kilowatt-hours (or its Btu equivalent) for any such 12-month
      period;
        (C) substantial improvement in the energy efficiency of
      products of such type (or class) is technologically feasible; and
        (D) the application of a labeling rule under section 6294 of
      this title to such type (or class) is not likely to be sufficient
      to induce manufacturers to produce, and consumers and other
      persons to purchase, covered products of such type (or class)
      which achieve the maximum energy efficiency which is
      technologically feasible and economically justified.

      (2) Any new or amended standard for covered products of a type
    specified in paragraph (19) of section 6292(a) of this title shall
    not apply to products manufactured within five years after the
    publication of a final rule establishing such standard.
      (3) The Secretary may, in accordance with subsections (o) and (p)
    of this section, prescribe an energy conservation standard for
    television sets. Any such standard may not become effective with
    respect to products manufactured before January 1, 1992.
    (m) Further rulemaking
      After issuance of the last final rules required under subsections
    (b) through (i) of this section, the Secretary may publish final
    rules to determine whether standards for a covered product should
    be amended. An amendment prescribed under this subsection shall
    apply to products manufactured after a date which is 5 years after -
     
        (A) the effective date of the previous amendment made pursuant
      to this part; or
        (B) if the previous final rule published under this part did
      not amend the standard, the earliest date by which a previous
      amendment could have been in effect, except that in no case may
      an amended standard apply to products manufactured within 3 years
      (for refrigerators, refrigerator-freezers, and freezers, room air
      conditioners, dishwashers, clothes washers, clothes dryers,
      fluorescent lamp ballasts, and kitchen ranges and ovens) or 5
      years (for central air conditioners and heat pumps, water
      heaters, pool heaters, direct heating equipment and furnaces)
      after publication of the final rule establishing a standard.
    (n) Petition for amended standard
      (1) With respect to each covered product described in paragraphs
    (1) through (11), and in paragraphs (13) and (14) of section
    6292(a) of this title, any person may petition the Secretary to
    conduct a rulemaking to determine for a covered product if the
    standards contained either in the last final rule required under
    subsections (b) through (i) of this section or in a final rule
    published under this section should be amended.
      (2) The Secretary shall grant a petition if he finds that it
    contains evidence which, assuming no other evidence were
    considered, provides an adequate basis for amending the standards
    under the following criteria - 
        (A) amended standards will result in significant conservation
      of energy;
        (B) amended standards are technologically feasible; and
        (C) amended standards are cost effective as described in
      subsection (o)(2)(B)(i)(II) of this section.

    The grant of a petition by the Secretary under this subsection
    creates no presumption with respect to the Secretary's
    determination of any of the criteria in a rulemaking under this
    section.
      (3) An amendment prescribed under this subsection shall apply to
    products manufactured after a date which is 5 years after - 
        (A) the effective date of the previous amendment pursuant to
      this part; or
        (B) if the previous final rule published under this part did
      not amend the standard, the earliest date by which a previous
      amendment could have been in effect, except that in no case may
      an amended standard apply to products manufactured within 3 years
      (for refrigerators, refrigerator-freezers, and freezers, room air
      conditioners, dishwashers, clothes washers, clothes dryers,
      fluorescent lamp ballasts, general service fluorescent lamps,
      incandescent reflector lamps, and kitchen ranges and ovens) or 5
      years (for central air conditioners and heat pumps, water
      heaters, pool heaters, direct heating equipment and furnaces)
      after publication of the final rule establishing a standard.
    (o) Criteria for prescribing new or amended standards
      (1) The Secretary may not prescribe any amended standard which
    increases the maximum allowable energy use, or, in the case of
    showerheads, faucets, water closets, or urinals, water use, or
    decreases the minimum required energy efficiency, of a covered
    product.
      (2)(A) Any new or amended energy conservation standard prescribed
    by the Secretary under this section for any type (or class) of
    covered product shall be designed to achieve the maximum
    improvement in energy efficiency, or, in the case of showerheads,
    faucets, water closets, or urinals, water efficiency, which the
    Secretary determines is technologically feasible and economically
    justified.
      (B)(i) In determining whether a standard is economically
    justified, the Secretary shall, after receiving views and comments
    furnished with respect to the proposed standard, determine whether
    the benefits of the standard exceed its burdens by, to the greatest
    extent practicable, considering - 
        (I) the economic impact of the standard on the manufacturers
      and on the consumers of the products subject to such standard;
        (II) the savings in operating costs throughout the estimated
      average life of the covered product in the type (or class)
      compared to any increase in the price of, or in the initial
      charges for, or maintenance expenses of, the covered products
      which are likely to result from the imposition of the standard;
        (III) the total projected amount of energy, or as applicable,
      water, savings likely to result directly from the imposition of
      the standard;
        (IV) any lessening of the utility or the performance of the
      covered products likely to result from the imposition of the
      standard;
        (V) the impact of any lessening of competition, as determined
      in writing by the Attorney General, that is likely to result from
      the imposition of the standard;
        (VI) the need for national energy and water conservation; and
        (VII) other factors the Secretary considers relevant.

      (ii) For purposes of clause (i)(V), the Attorney General shall
    make a determination of the impact, if any, of any lessening of
    competition likely to result from such standard and shall transmit
    such determination, not later than 60 days after the publication of
    a proposed rule prescribing or amending an energy conservation
    standard, in writing to the Secretary, together with an analysis of
    the nature and extent of such impact. Any such determination and
    analysis shall be published by the Secretary in the Federal
    Register.
      (iii) If the Secretary finds that the additional cost to the
    consumer of purchasing a product complying with an energy
    conservation standard level will be less than three times the value
    of the energy, and as applicable, water, savings during the first
    year that the consumer will receive as a result of the standard, as
    calculated under the applicable test procedure, there shall be a
    rebuttable presumption that such standard level is economically
    justified. A determination by the Secretary that such criterion is
    not met shall not be taken into consideration in the Secretary's
    determination of whether a standard is economically justified.
      (3) The Secretary may not prescribe an amended or new standard
    under this section for a type (or class) of covered product if - 
        (A) for products other than dishwashers, clothes washers,
      clothes dryers, and kitchen ranges and ovens, a test procedure
      has not been prescribed pursuant to section 6293 of this title
      with respect to that type (or class) of product; or
        (B) the Secretary determines, by rule, that the establishment
      of such standard will not result in significant conservation of
      energy or, in the case of showerheads, faucets, water closets, or
      urinals, water, or that the establishment of such standard is not
      technologically feasible or economically justified.

    For purposes of section 6297 of this title, a determination under
    subparagraph (B) with respect to any type (or class) of covered
    products shall have the same effect as would a standard prescribed
    for such type (or class).
      (4) The Secretary may not prescribe an amended or new standard
    under this section if the Secretary finds (and publishes such
    finding) that interested persons have established by a
    preponderance of the evidence that the standard is likely to result
    in the unavailability in the United States in any covered product
    type (or class) of performance characteristics (including
    reliability), features, sizes, capacities, and volumes that are
    substantially the same as those generally available in the United
    States at the time of the Secretary's finding. The failure of some
    types (or classes) to meet this criterion shall not affect the
    Secretary's determination of whether to prescribe a standard for
    other types (or classes).
      (5) The Secretary may set more than 1 energy conservation
    standard for products that serve more than 1 major function by
    setting 1 energy conservation standard for each major function.
    (p) Procedure for prescribing new or amended standards
      Any new or amended energy conservation standard shall be
    prescribed in accordance with the following procedure:
        (1) The Secretary - 
          (A) shall publish an advance notice of proposed rulemaking
        which specifies the type (or class) of covered products to
        which the rule may apply;
          (B) shall invite interested persons to submit, within 60 days
        after the date of publication of such advance notice, written
        presentations of data, views, and arguments in response to such
        notice; and
          (C) may identify proposed or amended standards that may be
        prescribed.

        (2) A proposed rule which prescribes an amended or new energy
      conservation standard or prescribes no amendment or no new
      standard for a type (or class) of covered products shall be
      published in the Federal Register. In prescribing any such
      proposed rule with respect to a standard, the Secretary shall
      determine the maximum improvement in energy efficiency or maximum
      reduction in energy use that is technologically feasible for each
      type (or class) of covered products. If such standard is not
      designed to achieve such efficiency or use, the Secretary shall
      state in the proposed rule the reasons therefor.
        (3) After the publication of such proposed rulemaking, the
      Secretary shall, in accordance with section 6306 of this title,
      afford interested persons an opportunity, during a period of not
      less than 60 days, to present oral and written comments
      (including an opportunity to question those who make such
      presentations, as provided in such section) on matters relating
      to such proposed rule, including - 
          (A) whether the standard to be prescribed is economically
        justified (taking into account those factors which the
        Secretary must consider under subsection (o)(2) of this
        section) or will result in the effects described in subsection
        (o)(4) of this section;
          (B) whether the standard will achieve the maximum improvement
        in energy efficiency which is technologically feasible;
          (C) if the standard will not achieve such improvement,
        whether the reasons for not achieving such improvement are
        adequate; and
          (D) whether such rule should prescribe a level of energy use
        or efficiency which is higher or lower than that which would
        otherwise apply in the case of any group of products within the
        type (or class) that will be subject to such standard.

        (4) A final rule prescribing an amended or new energy
      conservation standard or prescribing no amended or new standard
      for a type (or class) of covered products shall be published as
      soon as is practicable, but not less than 90 days, after
      publication of the proposed rule in the Federal Register.
    (q) Special rule for certain types or classes of products
      (1) A rule prescribing an energy conservation standard for a type
    (or class) of covered products shall specify a level of energy use
    or efficiency higher or lower than that which applies (or would
    apply) for such type (or class) for any group of covered products
    which have the same function or intended use, if the Secretary
    determines that covered products within such group - 
        (A) consume a different kind of energy from that consumed by
      other covered products within such type (or class); or
        (B) have a capacity or other performance-related feature which
      other products within such type (or class) do not have and such
      feature justifies a higher or lower standard from that which
      applies (or will apply) to other products within such type (or
      class).

    In making a determination under this paragraph concerning whether a
    performance-related feature justifies the establishment of a higher
    or lower standard, the Secretary shall consider such factors as the
    utility to the consumer of such a feature, and such other factors
    as the Secretary deems appropriate.
      (2) Any rule prescribing a higher or lower level of energy use or
    efficiency under paragraph (1) shall include an explanation of the
    basis on which such higher or lower level was established.
    (r) Inclusion in standards of test procedures and other
      requirements
      Any new or amended energy conservation standard prescribed under
    this section shall include, where applicable, test procedures
    prescribed in accordance with section 6293 of this title and may
    include any requirement which the Secretary determines is necessary
    to assure that each covered product to which such standard applies
    meets the required minimum level of energy efficiency or maximum
    quantity of energy use specified in such standard.
    (s) Determination of compliance with standards
      Compliance with, and performance under, the energy conservation
    standards (except for design standards authorized by this part)
    established in, or prescribed under, this section shall be
    determined using the test procedures and corresponding compliance
    criteria prescribed under section 6293 of this title.
    (t) Small manufacturer exemption
      (1) Subject to paragraph (2), the Secretary may, on application
    of any manufacturer, exempt such manufacturer from all or part of
    the requirements of any energy conservation standard established in
    or prescribed under this section for any period not longer than the
    24-month period beginning on the date such rule becomes effective,
    if the Secretary finds that the annual gross revenues of such
    manufacturer from all its operations (including the manufacture and
    sale of covered products) does not exceed $8,000,000 for the 12-
    month period preceding the date of the application. In making such
    finding with respect to any manufacturer, the Secretary shall take
    into account the annual gross revenues of any other person who
    controls, is controlled by, or is under common control with, such
    manufacturer.
      (2) The Secretary may not exercise the authority granted under
    paragraph (1) with respect to any type (or class) of covered
    product subject to an energy conservation standard under this
    section unless the Secretary makes a finding, after obtaining the
    written views of the Attorney General, that a failure to allow an
    exemption under paragraph (1) would likely result in a lessening of
    competition.
    (u) Battery charger and external power supply electric energy
      consumption
      (1)(A) Not later than 18 months after August 8, 2005, the
    Secretary shall, after providing notice and an opportunity for
    comment, prescribe, by rule, definitions and test procedures for
    the power use of battery chargers and external power supplies.
      (B) In establishing the test procedures under subparagraph (A),
    the Secretary shall - 
        (i) consider existing definitions and test procedures used for
      measuring energy consumption in standby mode and other modes; and
        (ii) assess the current and projected future market for battery
      chargers and external power supplies.

      (C) The assessment under subparagraph (B)(ii) shall include - 
        (i) estimates of the significance of potential energy savings
      from technical improvements to battery chargers and external
      power supplies; and
        (ii) suggested product classes for energy conservation
      standards.

      (D) Not later than 18 months after August 8, 2005, the Secretary
    shall hold a scoping workshop to discuss and receive comments on
    plans for developing energy conservation standards for energy use
    for battery chargers and external power supplies.
      (E)(i) Not later than 3 years after August 8, 2005, the Secretary
    shall issue a final rule that determines whether energy
    conservation standards shall be issued for battery chargers and
    external power supplies or classes of battery chargers and external
    power supplies.
      (ii) For each product class, any energy conservation standards
    issued under clause (i) shall be set at the lowest level of energy
    use that - 
        (I) meets the criteria and procedures of subsections (o), (p),
      (q), (r), (s), and (t) of this section; and
        (II) would result in significant overall annual energy savings,
      considering standby mode and other operating modes.

      (2) In determining under section 6293 of this title whether test
    procedures and energy conservation standards under this section
    should be revised with respect to covered products that are major
    sources of standby mode energy consumption, the Secretary shall
    consider whether to incorporate standby mode into the test
    procedures and energy conservation standards, taking into account
    standby mode power consumption compared to overall product energy
    consumption.
      (3) The Secretary shall not propose an energy conservation
    standard under this section, unless the Secretary has issued
    applicable test procedures for each product under section 6293 of
    this title.
      (4) Any energy conservation standard issued under this subsection
    shall be applicable to products manufactured or imported beginning
    on the date that is 3 years after the date of issuance.
      (5) The Secretary and the Administrator shall collaborate and
    develop programs (including programs under section 6294a of this
    title and other voluntary industry agreements or codes of conduct)
    that are designed to reduce standby mode energy use.
    (v) Ceiling fans and refrigerated beverage vending machines
      (1) Not later than 1 year after August 8, 2005, the Secretary
    shall prescribe, by rule, test procedures and energy conservation
    standards for ceiling fans and ceiling fan light kits. If the
    Secretary sets such standards, the Secretary shall consider
    exempting or setting different standards for certain product
    classes for which the primary standards are not technically
    feasible or economically justified, and establishing separate or
    exempted product classes for highly decorative fans for which air
    movement performance is a secondary design feature.
      (2) Not later than 4 years after August 8, 2005, the Secretary
    shall prescribe, by rule, energy conservation standards for
    refrigerated bottle or canned beverage vending machines.
      (3) In establishing energy conservation standards under this
    subsection, the Secretary shall use the criteria and procedures
    prescribed under subsections (o) and (p) of this section.
      (4) Any energy conservation standard prescribed under this
    subsection shall apply to products manufactured 3 years after the
    date of publication of a final rule establishing the energy
    conservation standard.
    (w) Illuminated exit signs
      An illuminated exit sign manufactured on or after January 1,
    2006, shall meet the version 2.0 Energy Star Program performance
    requirements for illuminated exit signs prescribed by the
    Environmental Protection Agency.
    (x) Torchieres
      A torchiere manufactured on or after January 1, 2006 - 
        (1) shall consume not more than 190 watts of power; and
        (2) shall not be capable of operating with lamps that total
      more than 190 watts.
    (y) Low voltage dry-type distribution transformers
      The efficiency of a low voltage dry-type distribution transformer
    manufactured on or after January 1, 2007, shall be the Class I
    Efficiency Levels for distribution transformers specified in table
    4-2 of the "Guide for Determining Energy Efficiency for
    Distribution Transformers" published by the National Electrical
    Manufacturers Association (NEMA TP-1-2002).
    (z) Traffic signal modules and pedestrian modules
      Any traffic signal module or pedestrian module manufactured on or
    after January 1, 2006, shall - 
        (1) meet the performance requirements used under the Energy
      Star program of the Environmental Protection Agency for traffic
      signals, as in effect on August 8, 2005; and
        (2) be installed with compatible, electrically connected signal
      control interface devices and conflict monitoring systems.
    (aa) Unit heaters
      A unit heater manufactured on or after the date that is 3 years
    after August 8, 2005, shall - 
        (1) be equipped with an intermittent ignition device; and
        (2) have power venting or an automatic flue damper.
    (bb) Medium base compact fluorescent lamps
      (1) A bare lamp and covered lamp (no reflector) medium base
    compact fluorescent lamp manufactured on or after January 1, 2006,
    shall meet the following requirements prescribed by the August 9,
    2001, version of the Energy Star Program Requirements for Compact
    Fluorescent Lamps, Energy Star Eligibility Criteria, Energy-
    Efficiency Specification issued by the Environmental Protection
    Agency and Department of Energy:
        (A) Minimum initial efficacy.
        (B) Lumen maintenance at 1000 hours.
        (C) Lumen maintenance at 40 percent of rated life.
        (D) Rapid cycle stress test.
        (E) Lamp life.

      (2) The Secretary may, by rule, establish requirements for color
    quality (CRI), power factor, operating frequency, and maximum
    allowable start time based on the requirements prescribed by the
    August 9, 2001, version of the Energy Star Program Requirements for
    Compact Fluorescent Lamps.
      (3) The Secretary may, by rule - 
        (A) revise the requirements established under paragraph (2); or
        (B) establish other requirements, after considering energy
      savings, cost effectiveness, and consumer satisfaction.
    (cc) Dehumidifiers
      (1) Dehumidifiers manufactured on or after October 1, 2007, shall
    have an Energy Factor that meets or exceeds the following values:

    Product Capacity (pints/day):                              Minimum
                                                                Energy
                                                                Factor
                                                          (Liters/kWh)
      25.00 or less                                             1.00  
      25.01 - 35.00                                             1.20  
      35.01 - 54.00                                             1.30  
      54.01 - 74.99                                             1.50  
      75.00 or more                                              2.25.

      (2)(A) Not later than October 1, 2009, the Secretary shall
    publish a final rule in accordance with subsections (o) and (p) of
    this section, to determine whether the energy conservation
    standards established under paragraph (1) should be amended.
      (B) The final rule published under subparagraph (A) shall - 
        (i) contain any amendment by the Secretary; and
        (ii) provide that the amendment applies to products
      manufactured on or after October 1, 2012.

      (C) If the Secretary does not publish an amendment that takes
    effect by October 1, 2012, dehumidifiers manufactured on or after
    October 1, 2012, shall have an Energy Factor that meets or exceeds
    the following values:

    Product Capacity (pints/day):                              Minimum
                                                                Energy
                                                                Factor
                                                          (Liters/kWh)
      25.00 or less                                             1.20  
      25.01 - 35.00                                             1.30  
      35.01 - 45.00                                             1.40  
      45.01 - 54.00                                             1.50  
      54.01 - 74.99                                             1.60  
      75.00 or more                                               2.5.
    (dd) Commercial prerinse spray valves
      Commercial prerinse spray valves manufactured on or after January
    1, 2006, shall have a flow rate of not more than 1.6 gallons per
    minute.
    (ee) Mercury vapor lamp ballasts
      Mercury vapor lamp ballasts shall not be manufactured or imported
    after January 1, 2008.
    (ff) Ceiling fans and ceiling fan light kits
      (1)(A) All ceiling fans manufactured on or after January 1, 2007,
    shall have the following features:
        (i) Fan speed controls separate from any lighting controls.
        (ii) Adjustable speed controls (either more than 1 speed or
      variable speed).
        (iii) Adjustable speed controls (either more than 1 speed or
      variable speed).
        (iv) The capability of reversible fan action, except for - 
          (I) fans sold for industrial applications;
          (II) outdoor applications; and
          (III) cases in which safety standards would be violated by
        the use of the reversible mode.

      (B) The Secretary may define the exceptions described in clause
    (iv) in greater detail, but shall not substantively expand the
    exceptions.
      (2)(A) Ceiling fan light kits with medium screw base sockets
    manufactured on or after January 1, 2007, shall be packaged with
    screw-based lamps to fill all screw base sockets.
      (B) The screw-based lamps required under subparagraph (A) shall -
    
        (i) meet the Energy Star Program Requirements for Compact
      Fluorescent Lamps, version 3.0, issued by the Department of
      Energy; or
        (ii) use light sources other than compact fluorescent lamps
      that have lumens per watt performance at least equivalent to
      comparably configured compact fluorescent lamps meeting the
      Energy Star Program Requirements described in clause (i).

      (3) Ceiling fan light kits with pin-based sockets for fluorescent
    lamps manufactured on or after January 1, 2007 shall - 
        (A) meet the Energy Star Program Requirements for Residential
      Light Fixtures version 4.0 issued by the Environmental Protection
      Agency; and
        (B) be packaged with lamps to fill all sockets.

      (4)(A) By January 1, 2007, the Secretary shall consider and issue
    requirements for any ceiling fan lighting kits other than those
    covered in paragraphs (2) and (3), including candelabra screw base
    sockets.
      (B) The requirements issued under subparagraph (A) shall be
    effective for products manufactured 2 years after the date of the
    final rule.
      (C) If the Secretary fails to issue a final rule by the date
    specified in subparagraph (B), any type of ceiling fan lighting kit
    described in subparagraph (A) that is manufactured after January 1,
    2009 - 
        (i) shall not be capable of operating with lamps that total
      more than 190 watts; and
        (ii) shall include the lamps described in clause (i) in the
      ceiling fan lighting kits.

      (5)(A) After January 1, 2010, the Secretary may consider, and
    issue, if the requirements of subsections (o) and (p) of this
    section are met, amended energy efficiency standards for ceiling
    fan light kits.
      (B) Any amended standards issued under subparagraph (A) shall
    apply to products manufactured not earlier than 2 years after the
    date of publication of the final rule establishing the amended
    standard.
      (6)(A) Notwithstanding any other provision of this chapter, the
    Secretary may consider, and issue, if the requirements of
    subsections (o) and (p) of this section are met, energy efficiency
    or energy use standards for electricity used by ceiling fans to
    circulate air in a room.
      (B) In issuing the standards under subparagraph (A), the
    Secretary shall consider - 
        (C) (!1) exempting, or setting different standards for, certain
      product classes for which the primary standards are not
      technically feasible or economically justified; and

        (D) (!2) establishing separate exempted product classes for
      highly decorative fans for which air movement performance is a
      secondary design feature.


      (7) Section 6297 of this title shall apply to the products
    covered in paragraphs (1) through (4) beginning on August 8, 2005,
    except that any State or local labeling requirement for ceiling
    fans prescribed or enacted before August 8, 2005, shall not be
    preempted until the labeling requirements applicable to ceiling
    fans established under section 6297 of this title take effect.
    (gg) Application date
      Section 6297 of this title applies - 
        (1) to products for which energy conservation standards are to
      be established under subsection (l), (u), or (v) of this section
      beginning on the date on which a final rule is issued by the
      Secretary, except that any State or local standard prescribed or
      enacted for the product before the date on which the final rule
      is issued shall not be preempted until the energy conservation
      standard established under subsection (l), (u), or (v) of this
      section for the product takes effect; and
        (2) to products for which energy conservation standards are
      established under subsections (w) through (ff) of this section on
      August 8, 2005, except that any State or local standard
      prescribed or enacted before August 8, 2005, shall not be
      preempted until the energy conservation standards established
      under subsections (w) through (ff) of this section take effect.

-SOURCE-
    (Pub. L. 94-163, title III, Sec. 325, Dec. 22, 1975, 89 Stat. 923;
    Pub. L. 94-385, title I, Sec. 161, Aug. 14, 1976, 90 Stat. 1140;
    Pub. L. 95-619, title IV, Sec. 422, Nov. 9, 1978, 92 Stat. 3259;
    Pub. L. 100-12, Sec. 5, Mar. 17, 1987, 101 Stat. 107; Pub. L. 100-
    357, Sec. 2(e), June 28, 1988, 102 Stat. 673; Pub. L. 102-486,
    title I, Sec. 123(f), Oct. 24, 1992, 106 Stat. 2824; Pub. L. 105-
    388, Sec. 5(a)(5), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 109-58,
    title I, Sec. 135(c), Aug. 8, 2005, 119 Stat. 628.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (f)(3)(D), (j)(3)(A)(iii),
    (k)(3)(A)(iii), and (ff)(6)(A), was in the original "this Act",
    meaning Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended,
    known as the Energy Policy and Conservation Act. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 6201 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (f)(3)(D). Pub. L. 109-58, Sec. 135(c)(1), added
    subpar. (D).
      Subsec. (g)(6)(B). Pub. L. 109-58, Sec. 135(c)(2)(A), inserted
    "and labeled" after "designed".
      Subsec. (g)(8). Pub. L. 109-58, Sec. 135(c)(2)(B), added par.
    (8).
      Subsec. (o)(5). Pub. L. 109-58, Sec. 135(c)(3), added par. (5).
      Subsecs. (u) to (gg). Pub. L. 109-58, Sec. 135(c)(4), added
    subsecs. (u) to (gg).
      1998 - Subsec. (e)(4)(A). Pub. L. 105-388, Sec. 5(a)(5)(A),
    substituted "paragraph" for "paragraphs".
      Subsec. (g). Pub. L. 105-388, Sec. 5(a)(5)(B), substituted
    "ballasts" for "ballasts;" in heading.
      1992 - Subsecs. (i) to (k). Pub. L. 102-486, Sec. 123(f)(2),
    added subsecs. (i) to (k). Former subsecs. (i) to (k) redesignated
    (l) to (n), respectively.
      Subsec. (l). Pub. L. 102-486, Sec. 123(f)(1), redesignated
    subsec. (i) as (l). Former subsec. (l) redesignated (o).
      Subsec. (l)(1). Pub. L. 102-486, Sec. 123(f)(3), substituted
    "paragraph (19)" for "paragraph (14)" and "subsections (o) and (p)"
    for "subsections (l) and (m)".
      Subsec. (l)(2). Pub. L. 102-486, Sec. 123(f)(3)(A), substituted
    "(19)" for "(14)".
      Subsec. (l)(3). Pub. L. 102-486, Sec. 123(f)(3)(B), substituted
    "(o) and (p)" for "(l) and (m)".
      Subsec. (m). Pub. L. 102-486, Sec. 123(f)(1), (4), redesignated
    subsec. (j) as (m) and substituted "(i)" for "(h)" in introductory
    provisions. Former subsec. (m) redesignated (p).
      Subsec. (n). Pub. L. 102-486, Sec. 123(f)(1), redesignated
    subsec. (k) as (n). Former subsec. (n) redesignated (q).
      Subsec. (n)(1). Pub. L. 102-486, Sec. 123(f)(5)(A), substituted
    ", and in paragraphs (13) and (14)" for "and in paragraph (13)" and
    "subsections (b) through (i)" for "subsections (b) through (h)".
      Subsec. (n)(2)(C). Pub. L. 102-486, Sec. 123(f)(5)(B),
    substituted "subsection (o)(2)(B)(i)(II)" for "subsection
    (l)(2)(B)(i)(II)".
      Subsec. (n)(3)(B). Pub. L. 102-486, Sec. 123(f)(5)(C), inserted
    "general service fluorescent lamps, incandescent reflector lamps,"
    after "fluorescent lamp ballasts,".
      Subsec. (o). Pub. L. 102-486, Sec. 123(f)(1), redesignated
    subsec. (l) as (o). Former subsec. (o) redesignated (r).
      Subsec. (o)(1). Pub. L. 102-486, Sec. 123(f)(6)(A), inserted "or,
    in the case of showerheads, faucets, water closets, or urinals,
    water use," after "energy use,".
      Subsec. (o)(2)(A). Pub. L. 102-486, Sec. 123(f)(6)(B), inserted
    ", or, in the case of showerheads, faucets, water closets, or
    urinals, water efficiency," after "energy efficiency".
      Subsec. (o)(2)(B)(i)(III). Pub. L. 102-486, Sec. 123(f)(6)(C),
    inserted ", or as applicable, water," after "energy".
      Subsec. (o)(2)(B)(i)(VI). Pub. L. 102-486, Sec. 123(f)(6)(D),
    inserted "and water" after "energy".
      Subsec. (o)(2)(B)(iii). Pub. L. 102-486, Sec. 123(f)(6)(E),
    substituted "energy, and as applicable, water, savings" for "energy
    savings".
      Subsec. (o)(3)(B). Pub. L. 102-486, Sec. 123(f)(6)(F), inserted
    ", in the case of showerheads, faucets, water closets, or urinals,
    water, or" after "energy or".
      Subsec. (p). Pub. L. 102-486, Sec. 123(f)(1), redesignated
    subsec. (m) as (p). Former subsec. (p) redesignated (s).
      Subsec. (p)(3)(A). Pub. L. 102-486, Sec. 123(f)(7), substituted
    "subsection (o)(2)" for "subsection (l)(2)" and "subsection (o)(4)"
    for "subsection (l)(4)".
      Subsecs. (q) to (t). Pub. L. 102-486, Sec. 123(f)(1),
    redesignated subsecs. (n) to (q) as (q) to (t), respectively.
      1988 - Subsec. (e)(1)(C). Pub. L. 100-357, Sec. 2(e)(3), inserted
    "Volume" after "Rated Storage".
      Subsec. (g). Pub. L. 100-357, Sec. 2(e)(1)(A), inserted ";
    fluorescent lamp ballasts;" in heading.
      Subsec. (g)(5) to (7). Pub. L. 100-357, Sec. 2(e)(1)(B), added
    pars. (5) to (7).
      Subsec. (i)(1), (2). Pub. L. 100-357, Sec. 2(e)(2), substituted
    "(14)" for "(13)".
      Subsec. (j)(B). Pub. L. 100-357, Sec. 2(e)(4)(A), inserted
    "fluorescent lamp ballasts," after "clothes dryers," and
    substituted "heating" for "hearing".
      Subsec. (k)(1). Pub. L. 100-357, Sec. 2(e)(4)(B)(i), inserted
    "and in paragraph (13)" after "(11)".
      Subsec. (k)(3)(B). Pub. L. 100-357, Sec. 2(e)(4)(B)(ii), inserted
    "fluorescent lamp ballasts," after "clothes dryers,".
      1987 - Pub. L. 100-12 amended section generally, revising and
    restating as subsecs. (a) to (q) provisions formerly contained in
    subsecs. (a) to (j).
      1978 - Subsec. (a). Pub. L. 95-619 substituted provisions
    authorizing Secretary to prescribe an energy efficiency standard
    for each type of covered product specified in section 6292(a)(1) to
    (13) of this title, authorizing such prescription for any type of
    covered product specified in section 6292(a)(14) of this title
    where certain conditions are found to exist, and requiring
    publication of a list of those types of covered products considered
    subject to prescribed standards in the Federal Register not later
    than two years after Nov. 9, 1978, for provisions requiring the
    Administrator, meaning the Administrator of the Federal Energy
    Administration, to direct the National Bureau of Standards to
    develop an energy efficiency improvement target for each type of
    covered product listed in section 6292(a)(1) to (10) of this title,
    requiring prescription of such a target by the Administrator not
    later than ninety days after Aug. 14, 1976, requiring such targets
    be designed to exceed by 1980 by at least twenty percent the
    aggregate energy efficiency of the covered products as manufactured
    in 1972, requiring similar energy efficiency targets be prescribed
    for covered products specified in section 6292(a)(11) to (13) of
    this title not later than one year after Aug. 14, 1976, authorizing
    the Administrator to modify periodically any established targets,
    requiring the manufacturers of any covered products to submit
    reports as requested by the Administrator to help in establishing
    and reaching such targets, authorizing the Administrator to
    commence proceedings in certain situations to prescribe initial or
    revised targets, specifying when improvements of energy efficiency
    are economically justified, and authorizing the Attorney General to
    determine any negative effects on competition so as to make certain
    improvements economically unjustified.
      Subsec. (b). Pub. L. 95-619 substituted provisions specifying
    preconditions for prescription of a standard for a type or class of
    covered products for provisions specifying the procedure to be
    followed in prescribing energy efficiency standards.
      Subsec. (c). Pub. L. 95-619 substituted provisions requiring
    energy efficiency standards for each type of covered products be
    designed to achieve the maximum improvement in energy efficiency
    which the Secretary determines feasible and justified and requiring
    such standards be phased in over a period not to exceed five years
    for provisions relating to the prescription of test procedures and
    the requirements necessary to meet minimum energy efficiency
    levels.
      Subsec. (d). Pub. L. 95-619 substituted provisions relating to a
    determination by the Secretary of the economic justification of any
    particular energy efficiency standard and a determination by the
    Attorney General of the impact on competition of any proposed
    standard for provisions relating to labeling rules.
      Subsecs. (e) to (j). Pub. L. 95-619 added subsecs. (e) to (j).
      1976 - Subsec. (a)(1)(A). Pub. L. 94-385, Sec. 161(a),
    transferred authority to determine energy targets from the
    Administrator to the National Bureau of Standards and substituted
    90 days after August 14, 1976, for 180 days after December 22,
    1975, for the promulgation of rules by the Administrator.
      Subsec. (a)(2). Pub. L. 94-385, Sec. 161(b), transferred
    authority to determine energy targets from the Administrator to the
    National Bureau of Standards and substituted one year after August
    14, 1976, for one year after December 22, 1975, for the
    promulgation of rules by the Administrator.

-FOOTNOTE-
    (!1) So in original. Probably should be (i).

    (!2) So in original. Probably should be (ii).


-End-



-CITE-
    42 USC Sec. 6296                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY
    Part A - Energy Conservation Program for Consumer Products Other
              Than Automobiles                        

-HEAD-
    Sec. 6296. Requirements of manufacturers

-STATUTE-
    (a) In general
      Each manufacturer of a covered product to which a rule under
    section 6294 of this title applies shall provide a label which
    meets, and is displayed in accordance with, the requirements of
    such rule. If such manufacturer or any distributor, retailer, or
    private labeler of such product advertises such product in a
    catalog from which it may be purchased, such catalog shall contain
    all information required to be displayed on the label, except as
    otherwise provided by rule of the Commission. The preceding
    sentence shall not require that a catalog contain information
    respecting a covered product if the distribution of such catalog
    commenced before the effective date of the labeling rule under
    section 6294 of this title applicable to such product.
    (b) Notification
      (1) Each manufacturer of a covered product to which a rule under
    section 6294 of this title applies shall notify the Secretary or
    the Commission - 
        (A) not later than 60 days after the date such rule takes
      effect, of the models in current production (and starting serial
      numbers of those models) to which such rule applies; and
        (B) prior to commencement of production, of all models
      subsequently produced (and starting serial numbers of those
      models) to which such rule applies.

      (2) If requested by the Secretary or Commission, the manufacturer
    of a covered product to which a rule under section 6294 of this
    title applies shall provide, within 30 days of the date of the
    request, the data from which the information included on the label
    and required by the rule was derived. Data shall be kept on file by
    the manufacturer for a period specified in the rule.
      (3) When requested - 
        (A) by the Secretary for purposes of ascertaining whether a
      product subject to a standard established in or prescribed under
      section 6295 of this title is in compliance with that standard,
      or
        (B) by the Commission for purposes of ascertaining whether the
      information set out on a label of a product, as required under
      section 6294 of this title, is accurate,

    each manufacturer of such a product shall supply at his expense a
    reasonable number of such covered products to any laboratory
    designated by the Secretary or the Commission, as the case may be.
    Any reasonable charge levied by the laboratory for such testing
    shall be borne by the United States, if and to the extent provided
    in appropriation Acts.
      (4) Each manufacturer of a covered product to which a rule under
    section 6294 of this title applies shall annually, at a time
    specified by the Commission, supply to the Commission relevant data
    respecting energy consumption or water use developed in accordance
    with the test procedures applicable to such product under section
    6293 of this title.
      (5) A rule under section 6293, 6294, or 6295 of this title may
    require the manufacturer or his agent to permit a representative
    designated by the Commission or the Secretary to observe any
    testing required by this part and inspect the results of such
    testing.
    (c) Deadline
      Each manufacturer shall use labels reflecting the range data
    required to be disclosed under section 6294(c)(1)(B) of this title
    after the expiration of 60 days following the date of publication
    of any revised table of ranges unless the rule under section 6294
    of this title provides for a later date. The Commission may not
    require labels be changed to reflect revised tables of ranges more
    often than annually.
    (d) Information requirements
      (1) For purposes of carrying out this part, the Secretary may
    require, under this part or other provision of law administered by
    the Secretary, each manufacturer of a covered product to submit
    information or reports to the Secretary with respect to energy
    efficiency, energy use, or, in the case of showerheads, faucets,
    water closets, and urinals, water use of such covered product and
    the economic impact of any proposed energy conservation standard,
    as the Secretary determines may be necessary to establish and
    revise test procedures, labeling rules, and energy conservation
    standards for such product and to insure compliance with the
    requirements of this part. In making any determination under this
    paragraph, the Secretary shall consider existing public sources of
    information, including nationally recognized certification programs
    of trade associations.
      (2) The Secretary shall exercise authority under this section in
    a manner designed to minimize unnecessary burdens on manufacturers
    of covered products.
      (3) The provisions of section 796(d) of title 15 shall apply with
    respect to information obtained under this subsection to the same
    extent and in the same manner as they apply with respect to energy
    information obtained under section 796 of title 15.

-SOURCE-
    (Pub. L. 94-163, title III, Sec. 326, Dec. 22, 1975, 89 Stat. 926;
    Pub. L. 95-619, title IV, Sec. 425(d), title VI, Sec. 691(b)(2),
    Nov. 9, 1978, 92 Stat. 3265, 3288; Pub. L. 100-12, Secs. 6,
    11(a)(2), (b)(3), Mar. 17, 1987, 101 Stat. 117, 125; Pub. L. 102-
    486, title I, Sec. 123(g), Oct. 24, 1992, 106 Stat. 2829.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b)(4). Pub. L. 102-486, Sec. 123(g)(1), inserted
    "or water use" after "consumption".
      Subsec. (d)(1). Pub. L. 102-486, Sec. 123(g)(2), substituted ",
    energy use, or, in the case of showerheads, faucets, water closets,
    and urinals, water use" for "or energy use".
      1987 - Subsec. (a). Pub. L. 100-12, Sec. 11(b)(3)(A), inserted
    heading.
      Subsec. (b). Pub. L. 100-12, Sec. 11(b)(3)(B), inserted heading.
      Subsec. (b)(3)(A). Pub. L. 100-12, Sec. 11(a)(2), inserted
    "established in or" before "prescribed under".
      Subsec. (c). Pub. L. 100-12, Sec. 11(b)(3)(C), inserted heading.
      Subsec. (d). Pub. L. 100-12, Sec. 6, inserted "Information
    requirements" as heading and amended text generally. Prior to
    amendment, text read as follows: "For purposes of carrying out this
    part, the Secretary may require, under authority otherwise
    available to him under this part or other provisions of law
    administered by him, each manufacturer of covered products to
    submit such information or reports of any kind or nature directly
    to the Secretary with respect to energy efficiency of such covered
    products, and with respect to the economic impact of any proposed
    energy efficiency standard, as the Secretary determines may be
    necessary to establish and revise test procedures, labeling rules,
    and energy efficiency standards for such products and to insure
    compliance with the requirements of this part. The provisions of
    section 796(d) of title 15 shall apply with respect to information
    obtained under this subsection to the same extent and in the same
    manner as it applies with respect to energy information obtained
    under section 796 of title 15."
      1978 - Subsec. (b)(1). Pub. L. 95-619, Sec. 425(d)(2), inserted
    requirement that manufacturers of covered products give notice to
    the Secretary of models affected by rules promulgated under section
    6294 of this title and expanded the notice requirement itself to
    include models manufactured more than sixty days after the date a
    particular rule takes effect.
      Subsec. (b)(2). Pub. L. 95-619, Sec. 691(b)(2), substituted
    "Secretary" for "Administrator", meaning Administrator of the
    Federal Energy Administration.
      Subsec. (b)(3). Pub. L. 95-619, Sec. 425(d)(3), authorized
    Secretary to request submission of covered products for purposes of
    ascertaining whether a particular product complies with standards
    under section 6295 of this title and also authorized Secretary to
    designate testing laboratories for the submitted products.
      Subsec. (b)(5). Pub. L. 95-619, Sec. 691(b)(2), substituted
    "Secretary" for "Administrator".
      Subsec. (d). Pub. L. 95-619, Sec. 425(d)(1), added subsec. (d).

-End-



-CITE-
    42 USC Sec. 6297                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY
    Part A - Energy Conservation Program for Consumer Products Other
              Than Automobiles                        

-HEAD-
    Sec. 6297. Effect on other law

-STATUTE-
    (a) Preemption of testing and labeling requirements
      (1) Effective on March 17, 1987, this part supersedes any State
    regulation insofar as such State regulation provides at any time
    for the disclosure of information with respect to any measure of
    energy consumption or water use of any covered product if - 
        (A) such State regulation requires testing or the use of any
      measure of energy consumption, water use, or energy descriptor in
      any manner other than that provided under section 6293 of this
      title; or
        (B) such State regulation requires disclosure of information
      with respect to the energy use, energy efficiency, or water use
      of any covered product other than information required under
      section 6294 of this title.

      (2) For purposes of this section, the following definitions
    apply:
        (A) The term "State regulation" means a law, regulation, or
      other requirement of a State or its political subdivisions. With
      respect to showerheads, faucets, water closets, and urinals, such
      term shall also mean a law, regulation, or other requirement of a
      river basin commission that has jurisdiction within a State.
        (B) The term "river basin commission" means - 
          (i) a commission established by interstate compact to
        apportion, store, regulate, or otherwise manage or coordinate
        the management of the waters of a river basin; and
          (ii) a commission established under section 1962b(a) of this
        title.
    (b) General rule of preemption for energy conservation standards
      before Federal standard becomes effective for product
      Effective on March 17, 1987, and ending on the effective date of
    an energy conservation standard established under section 6295 of
    this title for any covered product, no State regulation, or
    revision thereof, concerning the energy efficiency, energy use, or
    water use of the covered product shall be effective with respect to
    such covered product, unless the State regulation or revision - 
        (1) was prescribed or enacted before January 8, 1987, and is
      applicable to products before January 3, 1988, or in the case of
      any portion of any regulation which establishes requirements for
      fluorescent lamp ballasts, was prescribed or enacted before June
      28, 1988, or in the case of any portion of any regulation which
      establishes requirements for fluorescent or incandescent lamps,
      flow rate requirements for showerheads or faucets, or water use
      requirements for water closets or urinals, was prescribed or
      enacted before October 24, 1992;
        (2) is a State procurement regulation described in subsection
      (e) of this section;
        (3) is a regulation described in subsection (f)(1) of this
      section or is prescribed or enacted in a building code for new
      construction described in subsection (f)(2) of this section;
        (4) is a regulation prohibiting the use in pool heaters of a
      constant burning pilot, or is a regulation (or portion thereof)
      regulating fluorescent lamp ballasts other than those to which
      paragraph (5) of section 6295(g) of this title is applicable, or
      is a regulation (or portion thereof) regulating fluorescent or
      incandescent lamps other than those to which section 6295(i) of
      this title is applicable, or is a regulation (or portion thereof)
      regulating showerheads or faucets other than those to which
      section 6295(j) of this title is applicable or regulating
      lavatory faucets (other than metering faucets) for installation
      in public places, or is a regulation (or portion thereof)
      regulating water closets or urinals other than those to which
      section 6295(k) of this title is applicable;
        (5) is a regulation described in subsection (d)(5)(B) of this
      section for which a waiver has been granted under subsection (d)
      of this section;
        (6) is a regulation effective on or after January 1, 1992,
      concerning the energy efficiency or energy use of television
      sets; or
        (7) is a regulation (or portion thereof) concerning the water
      efficiency or water use of low consumption flushometer valve
      water closets.
    (c) General rule of preemption for energy conservation standards
      when Federal standard becomes effective for product
      Except as provided in section 6295(b)(3)(A)(ii) of this title,
    subparagraphs (B) and (C) of section 6295(j)(3) of this title, and
    subparagraphs (B) and (C) of section 6295(k)(3) of this title and
    effective on the effective date of an energy conservation standard
    established in or prescribed under section 6295 of this title for
    any covered product, no State regulation concerning the energy
    efficiency, energy use, or water use of such covered product shall
    be effective with respect to such product unless the regulation - 
        (1) is a regulation described in paragraph (2) or (4) of
      subsection (b) of this section, except that a State regulation
      (or portion thereof) regulating fluorescent lamp ballasts other
      than those to which paragraph (5) of section 6295(g) of this
      title is applicable shall be effective only until the effective
      date of a standard that is prescribed by the Secretary under
      paragraph (7) of such section and is applicable to such ballasts,
      except that a State regulation (or portion thereof) regulating
      fluorescent or incandescent lamps other than those for which
      section 6295(i) of this title is applicable shall be effective
      only until the effective date of a standard that is prescribed by
      the Secretary and is applicable to such lamps;
        (2) is a regulation which has been granted a waiver under
      subsection (d) of this section;
        (3) is in a building code for new construction described in
      subsection (f)(3) of this section;
        (4) is a regulation concerning the water use of lavatory
      faucets adopted by the State of New York or the State of Georgia
      before October 24, 1992;
        (5) is a regulation concerning the water use of lavatory or
      kitchen faucets adopted by the State of Rhode Island prior to
      October 24, 1992;
        (6) is a regulation (or portion thereof) concerning the water
      efficiency or water use of gravity tank-type low consumption
      water closets for installation in public places, except that such
      a regulation shall be effective only until January 1, 1997; or
        (7)(A) is a regulation concerning standards for commercial
      prerinse spray valves adopted by the California Energy Commission
      before January 1, 2005; or
        (B) is an amendment to a regulation described in subparagraph
      (A) that was developed to align California regulations with
      changes in American Society for Testing and Materials Standard
      F2324;
        (8)(A) is a regulation concerning standards for pedestrian
      modules adopted by the California Energy Commission before
      January 1, 2005; or
        (B) is an amendment to a regulation described in subparagraph
      (A) that was developed to align California regulations to changes
      in the Institute for Transportation Engineers standards, entitled
      "Performance Specification: Pedestrian Traffic Control Signal
      Indications".
    (d) Waiver of Federal preemption
      (1)(A) Any State or river basin commission with a State
    regulation which provides for any energy conservation standard or
    other requirement with respect to energy use, energy efficiency, or
    water use for any type (or class) of covered product for which
    there is a Federal energy conservation standard under section 6295
    of this title may file a petition with the Secretary requesting a
    rule that such State regulation become effective with respect to
    such covered product.
      (B) Subject to paragraphs (2) through (5), the Secretary shall,
    within the period described in paragraph (2) and after
    consideration of the petition and the comments of interested
    persons, prescribe such rule if the Secretary finds (and publishes
    such finding) that the State or river basin commission has
    established by a preponderance of the evidence that such State
    regulation is needed to meet unusual and compelling State or local
    energy or water interests.
      (C) For purposes of this subsection, the term "unusual and
    compelling State or local energy or water interests" means
    interests which - 
        (i) are substantially different in nature or magnitude than
      those prevailing in the United States generally; and
        (ii) are such that the costs, benefits, burdens, and
      reliability of energy or water savings resulting from the State
      regulation make such regulation preferable or necessary when
      measured against the costs, benefits, burdens, and reliability of
      alternative approaches to energy or water savings or production,
      including reliance on reasonably predictable market-induced
      improvements in efficiency of all products subject to the State
      regulation.

    The factors described in clause (ii) shall be evaluated within the
    context of the State's energy plan and forecast, and, with respect
    to a State regulation for which a petition has been submitted to
    the Secretary which provides for any energy conservation standard
    or requirement with respect to water use of a covered product,
    within the context of the water supply and groundwater management
    plan, water quality program, and comprehensive plan (if any) of the
    State or river basin commission for improving, developing, or
    conserving a waterway affected by water supply development.
      (2) The Secretary shall give notice of any petition filed under
    paragraph (1)(A) and afford interested persons a reasonable
    opportunity to make written comments, including rebuttal comments,
    thereon. The Secretary shall, within the 6-month period beginning
    on the date on which any such petition is filed, deny such petition
    or prescribe the requested rule, except that the Secretary may
    publish a notice in the Federal Register extending such period to a
    date certain but no longer than one year after the date on which
    the petition was filed. Such notice shall include the reasons for
    delay. In the case of any denial of a petition under this
    subsection, the Secretary shall publish in the Federal Register
    notice of, and the reasons for, such denial.
      (3) The Secretary may not prescribe a rule under this subsection
    if the Secretary finds (and publishes such finding) that interested
    persons have established, by a preponderance of the evidence, that
    such State regulation will significantly burden manufacturing,
    marketing, distribution, sale, or servicing of the covered product
    on a national basis. In determining whether to make such finding,
    the Secretary shall evaluate all relevant factors, including - 
        (A) the extent to which the State regulation will increase
      manufacturing or distribution costs of manufacturers,
      distributors, and others;
        (B) the extent to which the State regulation will disadvantage
      smaller manufacturers, distributors, or dealers or lessen
      competition in the sale of the covered product in the State;
        (C) the extent to which the State regulation would cause a
      burden to manufacturers to redesign and produce the covered
      product type (or class), taking into consideration the extent to
      which the regulation would result in a reduction - 
          (i) in the current models, or in the projected availability
        of models, that could be shipped on the effective date of the
        regulation to the State and within the United States; or
          (ii) in the current or projected sales volume of the covered
        product type (or class) in the State and the United States; and

        (D) the extent to which the State regulation is likely to
      contribute significantly to a proliferation of State appliance
      efficiency requirements and the cumulative impact such
      requirements would have.

      (4) The Secretary may not prescribe a rule under this subsection
    if the Secretary finds (and publishes such finding) that interested
    persons have established, by a preponderance of the evidence, that
    the State regulation is likely to result in the unavailability in
    the State of any covered product type (or class) of performance
    characteristics (including reliability), features, sizes,
    capacities, and volumes that are substantially the same as those
    generally available in the State at the time of the Secretary's
    finding, except that the failure of some classes (or types) to meet
    this criterion shall not affect the Secretary's determination of
    whether to prescribe a rule for other classes (or types).
      (5) No final rule prescribed by the Secretary under this
    subsection may - 
        (A) permit any State regulation to become effective with
      respect to any covered product manufactured within three years
      after such rule is published in the Federal Register or within
      five years if the Secretary finds that such additional time is
      necessary due to the substantial burdens of retooling, redesign,
      or distribution needed to comply with the State regulation; or
        (B) become effective with respect to a covered product
      manufactured before the earliest possible effective date
      specified in section 6295 of this title for the initial amendment
      of the energy conservation standard established in such section
      for the covered product; except that such rule may become
      effective before such date if the Secretary finds (and publishes
      such finding) that, in addition to the other requirements of this
      subsection the State has established, by a preponderance of the
      evidence, that - 
          (i) there exists within the State an energy emergency
        condition or, if the State regulation provides for an energy
        conservation standard or other requirement with respect to the
        water use of a covered product for which there is a Federal
        energy conservation standard under subsection (j) or (k) of
        section 6295 of this title, a water emergency condition, which -
         
            (I) imperils the health, safety, and welfare of its
          residents because of the inability of the State or utilities
          within the State to provide adequate quantities of gas or
          electric energy or, in the case of a water emergency
          condition, water or wastewater treatment, to its residents at
          less than prohibitive costs; and
            (II) cannot be substantially alleviated by the importation
          of energy or, in the case of a water emergency condition, by
          the importation of water, or by the use of interconnection
          agreements; and

          (ii) the State regulation is necessary to alleviate
        substantially such condition.

      (6) In any case in which a State is issued a rule under paragraph
    (1) with respect to a covered product and subsequently a Federal
    energy conservation standard concerning such product is amended
    pursuant to section 6295 of this title, any person subject to such
    State regulation may file a petition with the Secretary requesting
    the Secretary to withdraw the rule issued under paragraph (1) with
    respect to such product in such State. The Secretary shall consider
    such petition in accordance with the requirements of paragraphs
    (1), (3), and (4), except that the burden shall be on the
    petitioner to show by a preponderance of the evidence that the rule
    received by the State under paragraph (1) should be withdrawn as a
    result of the amendment to the Federal standard. If the Secretary
    determines that the petitioner has shown that the rule issued by
    the State should be so withdrawn, the Secretary shall withdraw it.
    (e) Exception for certain State procurement standards
      Any State regulation which sets forth procurement standards for a
    State (or political subdivision thereof) shall not be superseded by
    the provisions of this part if such standards are more stringent
    than the corresponding Federal energy conservation standards.
    (f) Exception for certain building code requirements
      (1) A regulation or other requirement enacted or prescribed
    before January 8, 1987, that is contained in a State or local
    building code for new construction concerning the energy efficiency
    or energy use of a covered product is not superseded by this part
    until the effective date of the energy conservation standard
    established in or prescribed under section 6295 of this title for
    such covered product.
      (2) A regulation or other requirement, or revision thereof,
    enacted or prescribed on or after January 8, 1987, that is
    contained in a State or local building code for new construction
    concerning the energy efficiency or energy use of a covered product
    is not superseded by this part until the effective date of the
    energy conservation standard established in or prescribed under
    section 6295 of this title for such covered product if the code
    does not require that the energy efficiency of such covered product
    exceed - 
        (A) the applicable minimum efficiency requirement in a national
      voluntary consensus standard; or
        (B) the minimum energy efficiency level in a regulation or
      other requirement of the State meeting the requirements of
      subsection (b)(1) or (b)(5) of this section,

    whichever is higher.
      (3) Effective on the effective date of an energy conservation
    standard for a covered product established in or prescribed under
    section 6295 of this title, a regulation or other requirement
    contained in a State or local building code for new construction
    concerning the energy efficiency or energy use of such covered
    product is not superseded by this part if the code complies with
    all of the following requirements:
        (A) The code permits a builder to meet an energy consumption or
      conservation objective for a building by selecting items whose
      combined energy efficiencies meet the objective.
        (B) The code does not require that the covered product have an
      energy efficiency exceeding the applicable energy conservation
      standard established in or prescribed under section 6295 of this
      title, except that the required efficiency may exceed such
      standard up to the level required by a regulation of that State
      for which the Secretary has issued a rule granting a waiver under
      subsection (d) of this section.
        (C) The credit to the energy consumption or conservation
      objective allowed by the code for installing covered products
      having energy efficiencies exceeding such energy conservation
      standard established in or prescribed under section 6295 of this
      title or the efficiency level required in a State regulation
      referred to in subparagraph (B) is on a one-for-one equivalent
      energy use or equivalent cost basis.
        (D) If the code uses one or more baseline building designs
      against which all submitted building designs are to be evaluated
      and such baseline building designs contain a covered product
      subject to an energy conservation standard established in or
      prescribed under section 6295 of this title, the baseline
      building designs are based on the efficiency level for such
      covered product which meets but does not exceed such standard or
      the efficiency level required by a regulation of that State for
      which the Secretary has issued a rule granting a waiver under
      subsection (d) of this section.
        (E) If the code sets forth one or more optional combinations of
      items which meet the energy consumption or conservation
      objective, for every combination which includes a covered product
      the efficiency of which exceeds either standard or level referred
      to in subparagraph (D), there also shall be at least one
      combination which includes such covered product the efficiency of
      which does not exceed such standard or level by more than 5
      percent, except that at least one combination shall include such
      covered product the efficiency of which meets but does not exceed
      such standard.
        (F) The energy consumption or conservation objective is
      specified in terms of an estimated total consumption of energy
      (which may be calculated from energy loss- or gain-based codes)
      utilizing an equivalent amount of energy (which may be specified
      in units of energy or its equivalent cost).
        (G) The estimated energy use of any covered product permitted
      or required in the code, or used in calculating the objective, is
      determined using the applicable test procedures prescribed under
      section 6293 of this title, except that the State may permit the
      estimated energy use calculation to be adjusted to reflect the
      conditions of the areas where the code is being applied if such
      adjustment is based on the use of the applicable test procedures
      prescribed under section 6293 of this title or other technically
      accurate documented procedure.

      (4)(A) Subject to subparagraph (B), a State or local government
    is not required to submit a petition to the Secretary in order to
    enforce or apply its building code or to establish that the code
    meets the conditions set forth in this subsection.
      (B) If a building code requires the installation of covered
    products with efficiencies exceeding both the applicable Federal
    standard established in or prescribed under section 6295 of this
    title and the applicable standard of such State, if any, that has
    been granted a waiver under subsection (d) of this section, such
    requirement of the building code shall not be applicable unless the
    Secretary has granted a waiver for such requirement under
    subsection (d) of this section.
    (g) No warranty
      Any disclosure with respect to energy use, energy efficiency, or
    estimated annual operating cost which is required to be made under
    the provisions of this part shall not create an express or implied
    warranty under State or Federal law that such energy efficiency
    will be achieved or that such energy use or estimated annual
    operating cost will not be exceeded under conditions of actual use.

-SOURCE-
    (Pub. L. 94-163, title III, Sec. 327, Dec. 22, 1975, 89 Stat. 926;
    Pub. L. 95-619, title IV, Sec. 424, Nov. 9, 1978, 92 Stat. 3263;
    Pub. L. 100-12, Sec. 7, Mar. 17, 1987, 101 Stat. 117; Pub. L. 100-
    357, Sec. 2(f), June 28, 1988, 102 Stat. 674; Pub. L. 102-486,
    title I, Sec. 123(h), Oct. 24, 1992, 106 Stat. 2829; Pub. L. 109-
    58, title I, Sec. 135(d), Aug. 8, 2005, 119 Stat. 634.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c)(7), (8). Pub. L. 109-58 added pars. (7) and
    (8).
      1992 - Subsec. (a)(1). Pub. L. 102-486, Sec. 123(h)(1)(A)-(C), in
    introductory provisions inserted "or water use" after "energy
    consumption", in par. (A) inserted ", water use," after "energy
    consumption", and in par. (B) substituted ", energy efficiency, or
    water use" for "or energy efficiency".
      Subsec. (a)(2). Pub. L. 102-486, Sec. 123(h)(1)(D), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows: "For
    purposes of this section, the term 'State regulation' means a law,
    regulation, or other requirement of a State or its political
    subdivisions."
      Subsec. (b). Pub. L. 102-486, Sec. 123(h)(2)(A), substituted ",
    energy use, or water use of the covered product" for "or energy use
    of the covered product".
      Subsec. (b)(1). Pub. L. 102-486, Sec. 123(h)(2)(B), inserted
    before semicolon at end ", or in the case of any portion of any
    regulation which establishes requirements for fluorescent or
    incandescent lamps, flow rate requirements for showerheads or
    faucets, or water use requirements for water closets or urinals,
    was prescribed or enacted before October 24, 1992".
      Subsec. (b)(4). Pub. L. 102-486, Sec. 123(h)(2)(C), inserted
    before semicolon at end ", or is a regulation (or portion thereof)
    regulating fluorescent or incandescent lamps other than those to
    which section 6295(i) of this title is applicable, or is a
    regulation (or portion thereof) regulating showerheads or faucets
    other than those to which section 6295(j) of this title is
    applicable or regulating lavatory faucets (other than metering
    faucets) for installation in public places, or is a regulation (or
    portion thereof) regulating water closets or urinals other than
    those to which section 6295(k) of this title is applicable".
      Subsec. (b)(7). Pub. L. 102-486, Sec. 123(h)(2)(D)-(F), added
    par. (7).
      Subsec. (c). Pub. L. 102-486, Sec. 123(h)(3)(A), inserted ",
    subparagraphs (B) and (C) of section 6295(j)(3) of this title, and
    subparagraphs (B) and (C) of section 6295(k)(3) of this title"
    after "section 6295(b)(3)(A)(ii) of this title" and substituted ",
    energy use, or water use" for "or energy use" of this title.
      Subsec. (c)(1). Pub. L. 102-486, Sec. 123(h)(3)(B) inserted
    before semicolon at end ", except that a State regulation (or
    portion thereof) regulating fluorescent or incandescent lamps other
    than those for which section 6295(i) of this title is applicable
    shall be effective only until the effective date of a standard that
    is prescribed by the Secretary and is applicable to such lamps".
      Subsec. (c)(4) to (6). Pub. L. 102-486, Sec. 123(h)(3)(C)-(E),
    added pars. (4) to (6).
      Subsec. (d)(1)(A). Pub. L. 102-486, Sec. 123(h)(4)(A), inserted
    "or river basin commission" after "Any State" and substituted ",
    energy efficiency, or water use" for "or energy efficiency".
      Subsec. (d)(1)(B). Pub. L. 102-486, Sec. 123(h)(4)(B),
    substituted "State or river basin commission has" for "State has"
    and inserted "or water" after "energy".
      Subsec. (d)(1)(C). Pub. L. 102-486, Sec. 123(h)(4)(C), in
    introductory provisions and cl. (ii) inserted "or water" after
    "energy" wherever appearing and in closing provisions inserted
    before period at end ", and, with respect to a State regulation for
    which a petition has been submitted to the Secretary which provides
    for any energy conservation standard or requirement with respect to
    water use of a covered product, within the context of the water
    supply and groundwater management plan, water quality program, and
    comprehensive plan (if any) of the State or river basin commission
    for improving, developing, or conserving a waterway affected by
    water supply development".
      Subsec. (d)(5)(B)(i). Pub. L. 102-486, Sec. 123(h)(5), added cl.
    (i) and struck out former cl. (i) which read as follows: "an energy
    emergency condition exists within the State which - 
        "(I) imperils the health, safety, and welfare of its residents
      because of the inability of the State or utilities within the
      State to provide adequate quantities of gas or electric energy to
      its residents at less than prohibitive costs; and
        "(II) cannot be substantially alleviated by the importation of
      energy or the use of interconnection agreements; and".
      1988 - Subsec. (b)(1). Pub. L. 100-357, Sec. 2(f)(1), inserted
    before semicolon ", or in the case of any portion of any regulation
    which establishes requirements for fluorescent lamp ballasts, was
    prescribed or enacted before June 28, 1988".
      Subsec. (b)(4). Pub. L. 100-357, Sec. 2(f)(2), inserted before
    semicolon ", or is a regulation (or portion thereof) regulating
    fluorescent lamp ballasts other than those to which paragraph (5)
    of section 6295(g) of this title is applicable".
      Subsec. (c)(1). Pub. L. 100-357, Sec. 2(f)(3), inserted before
    semicolon ", except that a State regulation (or portion thereof)
    regulating fluorescent lamp ballasts other than those to which
    paragraph (5) of section 6295(g) of this title is applicable shall
    be effective only until the effective date of a standard that is
    prescribed by the Secretary under paragraph (7) of such section and
    is applicable to such ballasts".
      1987 - Pub. L. 100-12 amended section generally, revising and
    restating as subsecs. (a) to (g) provisions formerly contained in
    subsecs. (a) to (e).
      1978 - Subsec. (a)(2). Pub. L. 95-619, Sec. 424(b), substituted
    "other requirement" for "similar requirement".
      Subsec. (b). Pub. L. 95-619, Sec. 424(a), in par. (1) substituted
    provisions vesting power to prescribe rules superseding State
    energy efficiency regulations in the Secretary for provisions
    vesting such power in the Administrator of the Federal Energy
    Administration and provided that persons subject to such State
    regulations were to petition the Secretary for relief therefrom
    rather than the Administrator, in par. (2) inserted provisions
    authorizing the supersedure of any State regulation prescribed
    after Jan. 1, 1978 respecting energy use of any type of covered
    product and authorizing the filing of a petition by the State for
    exemption from any such supersedure, and struck out provision that
    a State regulation containing a more stringent energy efficiency
    standard than the corresponding Federal standard would not be
    superseded, and added pars. (3) to (5).

-End-



-CITE-
    42 USC Sec. 6298                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6299                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6300                                            01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 6301                                            01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 6302                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6303                                            01/03/2007

-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).

-End-



-CITE-
    42 USC Sec. 6304                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6305                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6306                                            01/03/2007

-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).

-End-



-CITE-
    42 USC Sec. 6307                                            01/03/2007

-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.

    (c) HVAC maintenance
      (1) To ensure that installed air conditioning and heating systems
    operate at maximum rated efficiency levels, the Secretary shall,
    not later than 180 days after August 8, 2005, carry out a program
    to educate homeowners and small business owners concerning the
    energy savings from properly conducted maintenance of air
    conditioning, heating, and ventilating systems.
      (2) The Secretary shall carry out the program under paragraph
    (1), on a cost-shared basis, in cooperation with the Administrator
    of the Environmental Protection Agency and any other entities that
    the Secretary determines to be appropriate, including industry
    trade associations, industry members, and energy efficiency
    organizations.
    (d) Small business education and assistance
      (1) The Administrator of the Small Business Administration, in
    consultation with the Secretary and the Administrator of the
    Environmental Protection Agency, shall develop and coordinate a
    Government-wide program, building on the Energy Star for Small
    Business Program, to assist small businesses in - 
        (A) becoming more energy efficient;
        (B) understanding the cost savings from improved energy
      efficiency;
        (C) understanding and accessing Federal procurement
      opportunities with regard to Energy Star technologies and
      products; and
        (D) identifying financing options for energy efficiency
      upgrades.

      (2) The Secretary, the Administrator of the Environmental
    Protection Agency, and the Administrator of the Small Business
    Administration shall - 
        (A) make program information available to small business
      concerns directly through the district offices and resource
      partners of the Small Business Administration, including small
      business development centers, women's business centers, and the
      Service Corps of Retired Executives (SCORE), and through other
      Federal agencies, including the Federal Emergency Management
      Agency and the Department of Agriculture; and
        (B) coordinate assistance with the Secretary of Commerce for
      manufacturing-related efforts, including the Manufacturing
      Extension Partnership Program.

      (3) The Secretary, on a cost shared basis in cooperation with the
    Administrator of the Environmental Protection Agency, shall provide
    to the Small Business Administration all advertising, marketing,
    and other written materials necessary for the dissemination of
    information under paragraph (2).
      (4) The Secretary, the Administrator of the Environmental
    Protection Agency, and the Administrator of the Small Business
    Administration, as part of the outreach to small business concerns
    under the Energy Star Program for Small Business Program, may enter
    into cooperative agreements with qualified resources partners
    (including the National Center for Appropriate Technology) to
    establish, maintain, and promote a Small Business Energy
    Clearinghouse (in this subsection referred to as the
    "Clearinghouse").
      (5) The Secretary, the Administrator of the Environmental
    Protection Agency, and the Administrator of the Small Business
    Administration shall ensure that the Clearinghouse provides a
    centralized resource where small business concerns may access,
    telephonically and electronically, technical information and advice
    to help increase energy efficiency and reduce energy costs.
      (6) There are authorized to be appropriated such sums as are
    necessary to carry out this subsection, to remain available until
    expended.

-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; Pub. L. 109-58, title I, Sec. 132, Aug. 8, 2005, 119
    Stat. 621.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsecs. (c), (d). Pub. L. 109-58 added subsecs. (c) and
    (d).
      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.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.

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


-End-



-CITE-
    42 USC Sec. 6308                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6309                                            01/03/2007

-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              01/03/2007

-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                                            01/03/2007

-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) Very large commercial package air conditioning and
        heating equipment.
          (E) Commercial refrigerators, freezers, and refrigerator-
        freezers.
          (F) Automatic commercial ice makers.
          (G) Commercial clothes washers.
          (H) Packaged terminal air-conditioners and packaged terminal
        heat pumps.
          (I) Warm air furnaces and packaged boilers.
          (J) Storage water heaters, instantaneous water heaters, and
        unfired hot water storage tanks.
          (K) 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, commercial package air
      conditioning and heating equipment, commercial refrigerators,
      freezers, and refrigerator-freezers, automatic commercial ice
      makers, commercial clothes washers, 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)(A) The term "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.
        (B) The term "small commercial package air conditioning and
      heating equipment" means commercial package air conditioning and
      heating equipment that is rated below 135,000 Btu per hour
      (cooling capacity).
        (C) The term "large commercial package air conditioning and
      heating equipment" means commercial package air conditioning and
      heating equipment that is rated - 
          (i) at or above 135,000 Btu per hour; and
          (ii) below 240,000 Btu per hour (cooling capacity).

        (D) The term "very large commercial package air conditioning
      and heating equipment" means commercial package air conditioning
      and heating equipment that is rated - 
          (i) at or above 240,000 Btu per hour; and
          (ii) below 760,000 Btu per hour (cooling capacity).

        (9)(A) The term "commercial refrigerator, freezer, and
      refrigerator-freezer" means refrigeration equipment that - 
          (i) is not a consumer product (as defined in section 6291 of
        this title);
          (ii) is not designed and marketed exclusively for medical,
        scientific, or research purposes;
          (iii) operates at a chilled, frozen, combination chilled and
        frozen, or variable temperature;
          (iv) displays or stores merchandise and other perishable
        materials horizontally, semivertically, or vertically;
          (v) has transparent or solid doors, sliding or hinged doors,
        a combination of hinged, sliding, transparent, or solid doors,
        or no doors;
          (vi) is designed for pull-down temperature applications or
        holding temperature applications; and
          (vii) is connected to a self-contained condensing unit or to
        a remote condensing unit.

        (B) The term "holding temperature application" means a use of
      commercial refrigeration equipment other than a pull-down
      temperature application, except a blast chiller or freezer.
        (C) The term "integrated average temperature" means the average
      temperature of all test package measurements taken during the
      test.
        (D) The term "pull-down temperature application" means a
      commercial refrigerator with doors that, when fully loaded with
      12 ounce beverage cans at 90 degrees F, can cool those beverages
      to an average stable temperature of 38 degrees F in 12 hours or
      less.
        (E) The term "remote condensing unit" means a factory-made
      assembly of refrigerating components designed to compress and
      liquefy a specific refrigerant that is remotely located from the
      refrigerated equipment and consists of one or more refrigerant
      compressors, refrigerant condensers, condenser fans and motors,
      and factory supplied accessories.
        (F) The term "self-contained condensing unit" means a factory-
      made assembly of refrigerating components designed to compress
      and liquefy a specific refrigerant that is an integral part of
      the refrigerated equipment and consists of one or more
      refrigerant compressors, refrigerant condensers, condenser fans
      and motors, and factory supplied accessories.
        (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.

        (19) The term "automatic commercial ice maker" means a factory-
      made assembly (not necessarily shipped in one package) that - 
          (A) consists of a condensing unit and ice-making section
        operating as an integrated unit, with means for making and
        harvesting ice; and
          (B) may include means for storing ice, dispensing ice, or
        storing and dispensing ice.

        (20) The term "commercial clothes washer" means a soft-mount
      front-loading or soft-mount top-loading clothes washer that - 
          (A) has a clothes container compartment that - 
            (i) for horizontal-axis clothes washers, is not more than
          3.5 cubic feet; and
            (ii) for vertical-axis clothes washers, is not more than
          4.0 cubic feet; and

          (B) is designed for use in - 
            (i) applications in which the occupants of more than one
          household will be using the clothes washer, such as multi-
          family housing common areas and coin laundries; or
            (ii) other commercial applications.

        (21) The term "harvest rate" means the amount of ice (at 32
      degrees F) in pounds produced per 24 hours.

-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; Pub. L. 109-58, title I, Sec. 136(a), Aug. 8, 2005, 119
    Stat. 634.)


-MISC1-
                                AMENDMENTS                            
      2005 - Par. (1)(D) to (K). Pub. L. 109-58, Sec. 136(a)(1), added
    subpars. (D) to (G) and redesignated former subpars. (D) to (G) as
    (H) to (K), respectively.
      Par. (2)(B). Pub. L. 109-58, Sec. 136(a)(2), substituted
    "commercial package air conditioning and heating equipment,
    commercial refrigerators, freezers, and refrigerator-freezers,
    automatic commercial ice makers, commercial clothes washers" for
    "small and large commercial package air conditioning and heating
    equipment" in introductory provisions.
      Pars. (8), (9). Pub. L. 109-58, Sec. 136(a)(3), added pars. (8)
    and (9) and struck out former pars. (8) and (9) which read as
    follows:
      "(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)."
      Pars. (19) to (21). Pub. L. 109-58, Sec. 136(a)(4), added pars.
    (19) to (21).
      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).

-End-



-CITE-
    42 USC Sec. 6312                                            01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 6313                                            01/03/2007

-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, large, and very 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, but before
    January 1, 2010, 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, but before
    January 1, 2010, 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)(i) If ASHRAE/IES Standard 90.1, as in effect on January 1,
    2010, is amended with respect to any small commercial package air
    conditioning and heating equipment, large commercial package air
    conditioning and heating equipment, and very large commercial
    package air conditioning and heating equipment, or if ASHRAE/IES
    Standard 90.1, as in effect on October 24, 1992, is amended with
    respect to any 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.
      (ii) If ASHRAE/IES Standard 90.1 is not amended with respect to
    small commercial package air conditioning and heating equipment,
    large commercial package air conditioning and heating equipment,
    and very large commercial package air conditioning and heating
    equipment during the 5-year period beginning on the effective date
    of a standard, the Secretary may initiate a rulemaking to determine
    whether a more stringent standard - 
        (I) would result in significant additional conservation of
      energy; and
        (II) 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 and very 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.
      (7) Small commercial package air conditioning and heating
    equipment manufactured on or after January 1, 2010, shall meet the
    following standards:
        (A) The minimum energy efficiency ratio of air-cooled central
      air conditioners at or above 65,000 Btu per hour (cooling
      capacity) and less than 135,000 Btu per hour (cooling capacity)
      shall be - 
          (i) 11.2 for equipment with no heating or electric resistance
        heating; and
          (ii) 11.0 for equipment with all other heating system types
        that are integrated into the equipment (at a standard rating of
        95 degrees F db).

        (B) The minimum energy efficiency ratio of air-cooled central
      air conditioner heat pumps at or above 65,000 Btu per hour
      (cooling capacity) and less than 135,000 Btu per hour (cooling
      capacity) shall be - 
          (i) 11.0 for equipment with no heating or electric resistance
        heating; and
          (ii) 10.8 for equipment with all other heating system types
        that are integrated into the equipment (at a standard rating of
        95 degrees F db).

        (C) 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 3.3 (at a high temperature
      rating of 47 degrees F db).

      (8) Large commercial package air conditioning and heating
    equipment manufactured on or after January 1, 2010, shall meet the
    following standards:
        (A) The minimum energy efficiency ratio of air-cooled central
      air conditioners at or above 135,000 Btu per hour (cooling
      capacity) and less than 240,000 Btu per hour (cooling capacity)
      shall be - 
          (i) 11.0 for equipment with no heating or electric resistance
        heating; and
          (ii) 10.8 for equipment with all other heating system types
        that are integrated into the equipment (at a standard rating of
        95 degrees F db).

        (B) The minimum energy efficiency ratio of air-cooled central
      air conditioner heat pumps at or above 135,000 Btu per hour
      (cooling capacity) and less than 240,000 Btu per hour (cooling
      capacity) shall be - 
          (i) 10.6 for equipment with no heating or electric resistance
        heating; and
          (ii) 10.4 for equipment with all other heating system types
        that are integrated into the equipment (at a standard rating of
        95 degrees F db).

        (C) 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 3.2 (at a high temperature
      rating of 47 degrees F db).

      (9) Very large commercial package air conditioning and heating
    equipment manufactured on or after January 1, 2010, shall meet the
    following standards:
        (A) The minimum energy efficiency ratio of air-cooled central
      air conditioners at or above 240,000 Btu per hour (cooling
      capacity) and less than 760,000 Btu per hour (cooling capacity)
      shall be - 
          (i) 10.0 for equipment with no heating or electric resistance
        heating; and
          (ii) 9.8 for equipment with all other heating system types
        that are integrated into the equipment (at a standard rating of
        95 degrees F db).

        (B) The minimum energy efficiency ratio of air-cooled central
      air conditioner heat pumps at or above 240,000 Btu per hour
      (cooling capacity) and less than 760,000 Btu per hour (cooling
      capacity) shall be - 
          (i) 9.5 for equipment with no heating or electric resistance
        heating; and
          (ii) 9.3 for equipment with all other heating system types
        that are integrated into the equipment (at a standard rating of
        95 degrees F db).

        (C) The minimum coefficient of performance in the heating mode
      of air-cooled central air conditioning heat pumps at or above
      240,000 Btu per hour (cooling capacity) and less than 760,000 Btu
      per hour (cooling capacity) shall be 3.2 (at a high temperature
      rating of 47 degrees F db).
    (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:


                              Nominal Full-Load Efficiency
                                
     Number of poles        Open Motors                 Closed Motors
                         6         4       2         6        4     2
    --------------------------------------------------------------------
       Motor 
     Horsepower                                                       
    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.
    (c) Commercial refrigerators, freezers, and refrigerator-freezers
      (1) In this subsection:
        (A) The term "AV" means the adjusted volume (ft(!3)) (defined
      as 1.63 x frozen temperature compartment volume (ft(!3)) +
      chilled temperature compartment volume (ft(!3))) with compartment
      volumes measured in accordance with the Association of Home
      Appliance Manufacturers Standard HRF1-1979.
        (B) The term "V" means the chilled or frozen compartment volume
      (ft(!3)) (as defined in the Association of Home Appliance
      Manufacturers Standard HRF1-1979).
        (C) Other terms have such meanings as may be established by the
      Secretary, based on industry-accepted definitions and practice.

      (2) Each commercial refrigerator, freezer, and refrigerator-
    freezer with a self-contained condensing unit designed for holding
    temperature applications manufactured on or after January 1, 2010,
    shall have a daily energy consumption (in kilowatt hours per day)
    that does not exceed the following:


      Refrigerators with solid doors    0.10 V + 2.04                   
      Refrigerators with                0.12 V + 3.34                   
       transparent doors                                                
      Freezers with solid doors         0.40 V + 1.38                   
      Freezers with transparent door    0.75 V + 4.10                   
      Refrigerators/freezers with       0.27 AV - 0.71 or 0.70.         
       solid doors the greater of                                       
    --------------------------------------------------------------------


      (3) Each commercial refrigerator with a self-contained condensing
    unit designed for pull-down temperature applications and
    transparent doors manufactured on or after January 1, 2010, shall
    have a daily energy consumption (in kilowatt hours per day) of not
    more than 0.126 V + 3.51.
      (4)(A) Not later than January 1, 2009, the Secretary shall issue,
    by rule, standard levels for ice-cream freezers, self-contained
    commercial refrigerators, freezers, and refrigerator-freezers
    without doors, and remote condensing commercial refrigerators,
    freezers, and refrigerator-freezers, with the standard levels
    effective for equipment manufactured on or after January 1, 2012.
      (B) The Secretary may issue, by rule, standard levels for other
    types of commercial refrigerators, freezers, and refrigerator-
    freezers not covered by paragraph (2)(A) with the standard levels
    effective for equipment manufactured 3 or more years after the date
    on which the final rule is published.
      (5)(A) Not later than January 1, 2013, the Secretary shall issue
    a final rule to determine whether the standards established under
    this subsection should be amended.
      (B) Not later than 3 years after the effective date of any
    amended standards under subparagraph (A) or the publication of a
    final rule determining that the standards should not be amended,
    the Secretary shall issue a final rule to determine whether the
    standards established under this subsection or the amended
    standards, as applicable, should be amended.
      (C) If the Secretary issues a final rule under subparagraph (A)
    or (B) establishing amended standards, the final rule shall provide
    that the amended standards apply to products manufactured on or
    after the date that is - 
        (i) 3 years after the date on which the final amended standard
      is published; or
        (ii) if the Secretary determines, by rule, that 3 years is
      inadequate, not later than 5 years after the date on which the
      final rule is published.
    (d) Automatic commercial ice makers
      (1) Each automatic commercial ice maker that produces cube type
    ice with capacities between 50 and 2500 pounds per 24-hour period
    when tested according to the test standard established in section
    6314(a)(7) of this title and is manufactured on or after January 1,
    2010, shall meet the following standard levels:


    Equipment Type: Ice Making Head 
      Type of Cooling: Water 
      Harvest Rate (lbs ice/24 hours): <500 
      Maximum , Energy Use kWh/100 lbs Ice): 7.80-0.0055H 
      Maximum , Condenser Water Use(gal/100 lbs Ice):200-0.022H
      Type of Cooling: Water  
      Harvest Rate(lbs ice/24 hours): -500 and < 1436 
      Maximum , Energy Use (kWh/100 lbs Ice): 5.58-0.0011H 
      Maximum , Condenser Water Use(gal/100 lbs Ice):200-0.022H  
      Type of Cooling:Water  
      Harvest Rate , (lbs ice/24 hours): -1436 
      Maximum , Energy Use , (kWh/100 lbs Ice): 4.0 
      Maximum , Condenser , Water Use , (gal/100 lbs Ice): 200-0.022H
    Equipment Type: Ice Making Head 
      Type of Cooling: Air 
      Harvest Rate , (lbs ice/24 hours): <450 
      Maximum , Energy Use , (kWh/100 lbs Ice): 10.26-0.0086H 
      Maximum , Condenser , Water Use , (gal/100 lbs Ice): Not
       Applicable                                 
      Type of Cooling:Air  
      Harvest Rate , (lbs ice/24 hours): -450 
      Maximum , Energy Use , (kWh/100 lbs Ice): 6.89-0.0011H 
      Maximum , Condenser , Water Use , (gal/100 lbs Ice): Not
       Applicable                                            
    Equipment Type: Remote Condensing (but not remote compressor) 
      Type of Cooling: Air 
      Harvest Rate , (lbs ice/24 hours): <1000 
      Maximum , Energy Use , (kWh/100 lbs Ice): 8.85-0.0038H 
      Maximum , Condenser , Water Use , (gal/100 lbs Ice): Not
       Applicable                                 
      Type of Cooling:Air  
      Harvest Rate , (lbs ice/24 hours): -1000 
      Maximum , Energy Use , (kWh/100 lbs Ice): 5.10 
      Maximum , Condenser , Water Use , (gal/100 lbs Ice): Not
       Applicable                                            
    Equipment Type: Remote Condensing , and Remote , Compressor
      Type of Cooling: Air
      Harvest Rate , (lbs ice/24 hours): <934 
      Maximum , Energy Use , (kWh/100 lbs Ice): 8.85-0.0038H 
      Maximum , Condenser , Water Use , (gal/100 lbs Ice): Not
       Applicable                                 
      Type of Cooling:Air  
      Harvest Rate , (lbs ice/24 hours): -934 
      Maximum , Energy Use , (kWh/100 lbs Ice): 5.3 
      Maximum , Condenser , Water Use , (gal/100 lbs Ice): Not
       Applicable                                            
    Equipment Type: Self Contained 
      Type of Cooling: Water 
      Harvest Rate , (lbs ice/24 hours): <200 
      Maximum , Energy Use , (kWh/100 lbs Ice): 11.40-0.019H 
      Maximum , Condenser , Water Use , (gal/100 lbs Ice):
       191-0.0315H                                
      Type of Cooling:Water  
      Harvest Rate , (lbs ice/24 hours): -200 
      Maximum , Energy Use , (kWh/100 lbs Ice): 7.60 
      Maximum , Condenser , Water Use , (gal/100 lbs Ice): 191-0.0315H
    Equipment Type: Self Contained
      Type of Cooling: Air
      Harvest Rate , (lbs ice/24 hours): <175 
      Maximum , Energy Use , (kWh/100 lbs Ice): 18.0-0.0469H 
      Maximum , Condenser , Water Use , (gal/100 lbs Ice): Not
       Applicable                                 
      Type of Cooling:Air  
      Harvest Rate , (lbs ice/24 hours): -175 
      Maximum , Energy Use , (kWh/100 lbs Ice): 9.80 
      Maximum , Condenser , Water Use , (gal/100 lbs Ice): Not
       Applicable                                            

      H = Harvest rate in pounds per 24 hours.
      Water use is for the condenser only and does not include potable
    water used to make ice.
    --------------------------------------------------------------------

      (2)(A) The Secretary may issue, by rule, standard levels for
    types of automatic commercial ice makers that are not covered by
    paragraph (1).
      (B) The standards established under subparagraph (A) shall apply
    to products manufactured on or after the date that is - 
        (i) 3 years after the date on which the rule is published under
      subparagraph (A); or
        (ii) if the Secretary determines, by rule, that 3 years is
      inadequate, not later than 5 years after the date on which the
      final rule is published.

      (3)(A) Not later than January 1, 2015, with respect to the
    standards established under paragraph (1), and, with respect to the
    standards established under paragraph (2), not later than 5 years
    after the date on which the standards take effect, the Secretary
    shall issue a final rule to determine whether amending the
    applicable standards is technologically feasible and economically
    justified.
      (B) Not later than 5 years after the effective date of any
    amended standards under subparagraph (A) or the publication of a
    final rule determining that amending the standards is not
    technologically feasible or economically justified, the Secretary
    shall issue a final rule to determine whether amending the
    standards established under paragraph (1) or the amended standards,
    as applicable, is technologically feasible or economically
    justified.
      (C) If the Secretary issues a final rule under subparagraph (A)
    or (B) establishing amended standards, the final rule shall provide
    that the amended standards apply to products manufactured on or
    after the date that is - 
        (i) 3 years after the date on which the final amended standard
      is published; or
        (ii) if the Secretary determines, by rule, that 3 years is
      inadequate, not later than 5 years after the date on which the
      final amended standard is published.

      (4) A final rule issued under paragraph (2) or (3) shall
    establish standards at the maximum level that is technically
    feasible and economically justified, as provided in subsections (o)
    and (p) of section 6295 of this title.
    (e) Commercial clothes washers
      (1) Each commercial clothes washer manufactured on or after
    January 1, 2007, shall have - 
        (A) a Modified Energy Factor of at least 1.26; and
        (B) a Water Factor of not more than 9.5.

      (2)(A)(i) Not later than January 1, 2010, the Secretary shall
    publish a final rule to determine whether the standards established
    under paragraph (1) should be amended.
      (ii) The rule published under clause (i) shall provide that any
    amended standard shall apply to products manufactured 3 years after
    the date on which the final amended standard is published.
      (B)(i) Not later than January 1, 2015, the Secretary shall
    publish a final rule to determine whether the standards established
    under paragraph (1) should be amended.
      (ii) The rule published under clause (i) shall provide that any
    amended standard shall apply to products manufactured 3 years after
    the date on which the final amended standard is published.

-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; Pub.
    L. 109-58, title I, Sec. 136(b)-(e), Aug. 8, 2005, 119 Stat. 636-
    641.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58, Sec. 136(b)(1), substituted
    "Small, large, and very large" for "Small and large" in heading.
      Subsec. (a)(1). Pub. L. 109-58, Sec. 136(b)(2), inserted "but
    before January 1, 2010," after "January 1, 1994," in introductory
    provisions.
      Subsec. (a)(2). Pub. L. 109-58, Sec. 136(b)(3), inserted "but
    before January 1, 2010," after "January 1, 1995," in introductory
    provisions.
      Subsec. (a)(6)(A). Pub. L. 109-58, Sec. 136(b)(4)(A), designated
    existing provisions as cl. (i), substituted "January 1, 2010" for
    "October 24, 1992", inserted "and very large commercial package air
    conditioning and heating equipment, or if ASHRAE/IES Standard 90.1,
    as in effect on October 24, 1992, is amended with respect to any"
    after "large commercial package air conditioning and heating
    equipment,", and added cl. (ii).
      Subsec. (a)(6)(C)(ii). Pub. L. 109-58, Sec. 136(b)(4)(B),
    inserted "and very large commercial package air conditioning and
    heating equipment" after "large commercial package air conditioning
    and heating equipment".
      Subsec. (a)(7) to (9). Pub. L. 109-58, Sec. 136(b)(5), added
    pars. (7) to (9).
      Subsecs. (c) to (e). Pub. L. 109-58, Sec. 136(c)-(e), added
    subsecs. (c) to (e).
      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.

-End-



-CITE-
    42 USC Sec. 6314                                            01/03/2007

-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, very 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,
    very 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.
      (6)(A)(i) In the case of commercial refrigerators, freezers, and
    refrigerator-freezers, the test procedures shall be - 
        (I) the test procedures determined by the Secretary to be
      generally accepted industry testing procedures; or
        (II) rating procedures developed or recognized by the ASHRAE or
      by the American National Standards Institute.

      (ii) In the case of self-contained refrigerators, freezers, and
    refrigerator-freezers to which standards are applicable under
    paragraphs (2) and (3) of section 6313(c) of this title, the
    initial test procedures shall be the ASHRAE 117 test procedure that
    is in effect on January 1, 2005.
      (B)(i) (!1) In the case of commercial refrigerators, freezers,
    and refrigerator-freezers with doors covered by the standards
    adopted in February 2002, by the California Energy Commission, the
    rating temperatures shall be the integrated average temperature of
    38 degrees F (+ or - 2 degrees F) for refrigerator compartments and
    0 degrees F (+ or - 2 degrees F) for freezer compartments.

      (C) The Secretary shall issue a rule in accordance with
    paragraphs (2) and (3) to establish the appropriate rating
    temperatures for the other products for which standards will be
    established under section 6313(c)(4) of this title.
      (D) In establishing the appropriate test temperatures under this
    subparagraph, the Secretary shall follow the procedures and meet
    the requirements under section 6293(e) of this title.
      (E)(i) Not later than 180 days after the publication of the new
    ASHRAE 117 test procedure, if the ASHRAE 117 test procedure for
    commercial refrigerators, freezers, and refrigerator-freezers is
    amended, the Secretary shall, by rule, amend the test procedure for
    the product as necessary to ensure that the test procedure is
    consistent with the amended ASHRAE 117 test procedure, unless the
    Secretary makes a determination, by rule, and supported by clear
    and convincing evidence, that to do so would not meet the
    requirements for test procedures under paragraphs (2) and (3).
      (ii) If the Secretary determines that 180 days is an insufficient
    period during which to review and adopt the amended test procedure
    or rating procedure under clause (i), the Secretary shall publish a
    notice in the Federal Register stating the intent of the Secretary
    to wait not longer than 1 additional year before putting into
    effect an amended test procedure or rating procedure.
      (F)(i) If a test procedure other than the ASHRAE 117 test
    procedure is approved by the American National Standards Institute,
    the Secretary shall, by rule - 
        (I) review the relative strengths and weaknesses of the new
      test procedure relative to the ASHRAE 117 test procedure; and
        (II) based on that review, adopt one new test procedure for use
      in the standards program.

      (ii) If a new test procedure is adopted under clause (i) - 
        (I) section 6293(e) of this title shall apply; and
        (II) subparagraph (B) shall apply to the adopted test
      procedure.

      (7)(A) In the case of automatic commercial ice makers, the test
    procedures shall be the test procedures specified in Air-
    Conditioning and Refrigeration Institute Standard 810-2003, as in
    effect on January 1, 2005.
      (B)(i) If Air-Conditioning and Refrigeration Institute Standard
    810-2003 is amended, the Secretary shall amend the test procedures
    established in subparagraph (A) as necessary to be consistent with
    the amended Air-Conditioning and Refrigeration Institute Standard,
    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 under
    paragraphs (2) and (3).
      (ii) If the Secretary issues a rule under clause (i) containing a
    determination described in clause (ii), the rule may establish an
    amended test procedure for the product that meets the requirements
    of paragraphs (2) and (3).
      (C) The Secretary shall comply with section 6293(e) of this title
    in establishing any amended test procedure under this paragraph.
      (8) With respect to commercial clothes washers, the test
    procedures shall be the same as the test procedures established by
    the Secretary for residential clothes washers under section 6295(g)
    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, very large
    commercial package air conditioning and heating equipment,
    commercial refrigerators, freezers, and refrigerator-freezers,
    automatic commercial ice makers, commercial clothes washers,
    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; Pub. L. 109-58, title I, Sec. 136(f), Aug. 8, 2005, 119
    Stat. 641.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(4)(A), (B). Pub. L. 109-58, Sec. 136(f)(1)(A),
    inserted "very large commercial package air conditioning and
    heating equipment," after "large commercial package air
    conditioning and heating equipment,".
      Subsec. (a)(6) to (8). Pub. L. 109-58, Sec. 136(f)(1)(B), added
    pars. (6) to (8).
      Subsec. (d)(1). Pub. L. 109-58, Sec. 136(f)(2), inserted "very
    large commercial package air conditioning and heating equipment,
    commercial refrigerators, freezers, and refrigerator-freezers,
    automatic commercial ice makers, commercial clothes washers," after
    "large commercial package air conditioning and heating equipment,"
    in introductory provisions.
      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".

-FOOTNOTE-
    (!1) So in original. No cl. (ii) has been enacted.


-End-



-CITE-
    42 USC Sec. 6315                                            01/03/2007

-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, very
    large commercial package air conditioning and heating equipment,
    commercial refrigerators, freezers, and refrigerator-freezers,
    automatic commercial ice makers, commercial clothes washers,
    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, very large commercial package
    air conditioning and heating equipment, commercial refrigerators,
    freezers, and refrigerator-freezers, automatic commercial ice
    makers, commercial clothes washers, 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; Pub.
    L. 109-58, title I, Sec. 136(g), Aug. 8, 2005, 119 Stat. 643.)

-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                            
      2005 - Subsec. (e). Pub. L. 109-58 inserted "very large
    commercial package air conditioning and heating equipment,
    commercial refrigerators, freezers, and refrigerator-freezers,
    automatic commercial ice makers, commercial clothes washers," after
    "large commercial package air conditioning and heating equipment,"
    in two places in introductory provisions.
      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.

-End-



-CITE-
    42 USC Sec. 6316                                            01/03/2007

-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;
        (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; and
        (9) in the case of commercial clothes washers, section
      6297(b)(1) of this title shall be applied as if the National
      Appliance Energy Conservation Act of 1987 was the Energy Policy
      Act of 2005.

      (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 A 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.
      (d)(1) Except as provided in paragraphs (2) and (3), section 6297
    of this title shall apply with respect to very large commercial
    package air conditioning and heating equipment to the same extent
    and in the same manner as section 6297 of this title applies under
    part A of this subchapter on August 8, 2005.
      (2) Any State or local standard issued before August 8, 2005,
    shall not be preempted until the standards established under
    section 6313(a)(9) of this title take effect on January 1, 2010.
      (e)(1)(A) Subsections (a), (b), and (d) of section 6296 of this
    title, subsections (m) through (s) of section 6295 of this title,
    and sections 6298 through 6306 of this title shall apply with
    respect to commercial refrigerators, freezers, and refrigerator-
    freezers to the same extent and in the same manner as those
    provisions apply under part A of this subchapter.
      (B) In applying those provisions to commercial refrigerators,
    freezers, and refrigerator-freezers, paragraphs (1), (2), (3), and
    (4) of subsection (a) of this section shall apply.
      (2)(A) Section 6297 of this title shall apply to commercial
    refrigerators, freezers, and refrigerator-freezers for which
    standards are established under paragraphs (2) and (3) of section
    6313(c) of this title to the same extent and in the same manner as
    those provisions apply under part A of this subchapter on August 8,
    2005, except that any State or local standard issued before August
    8, 2005, shall not be preempted until the standards established
    under paragraphs (2) and (3) of section 6313(c) of this title take
    effect.
      (B) In applying section 6297 of this title in accordance with
    subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) of
    this section shall apply.
      (3)(A) Section 6297 of this title shall apply to commercial
    refrigerators, freezers, and refrigerator-freezers for which
    standards are established under section 6313(c)(4) of this title to
    the same extent and in the same manner as the provisions apply
    under part A of this subchapter on the date of publication of the
    final rule by the Secretary, except that any State or local
    standard issued before the date of publication of the final rule by
    the Secretary shall not be preempted until the standards take
    effect.
      (B) In applying section 6297 of this title in accordance with
    subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) of
    this section shall apply.
      (4)(A) If the Secretary does not issue a final rule for a
    specific type of commercial refrigerator, freezer, or refrigerator-
    freezer within the time frame specified in section 6313(c)(5) of
    this title, subsections (b) and (c) of section 6297 of this title
    shall not apply to that specific type of refrigerator, freezer, or
    refrigerator-freezer for the period beginning on the date that is 2
    years after the scheduled date for a final rule and ending on the
    date on which the Secretary publishes a final rule covering the
    specific type of refrigerator, freezer, or refrigerator-freezer.
      (B) Any State or local standard issued before the date of
    publication of the final rule shall not be preempted until the
    final rule takes effect.
      (5)(A) In the case of any commercial refrigerator, freezer, or
    refrigerator-freezer to which standards are applicable under
    paragraphs (2) and (3) of section 6313(c) of this title, the
    Secretary shall require manufacturers to certify, through an
    independent, nationally recognized testing or certification
    program, that the commercial refrigerator, freezer, or refrigerator-
    freezer meets the applicable standard.
      (B) The Secretary shall, to the maximum extent practicable,
    encourage the establishment of at least 2 independent testing and
    certification programs.
      (C) As part of certification, information on equipment energy use
    and interior volume shall be made available to the Secretary.
      (f)(1)(A)(i) Except as provided in clause (ii), section 6297 of
    this title shall apply to automatic commercial ice makers for which
    standards have been established under section 6313(d)(1) of this
    title to the same extent and in the same manner as the section
    applies under part A of this subchapter on August 8, 2005.
      (ii) Any State standard issued before August 8, 2005, shall not
    be preempted until the standards established under section
    6313(d)(1) of this title take effect.
      (B) In applying section 6297 of this title to the equipment under
    subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) of
    this section shall apply.
      (2)(A)(i) Except as provided in clause (ii), section 6297 of this
    title shall apply to automatic commercial ice makers for which
    standards have been established under section 6313(d)(2) of this
    title to the same extent and in the same manner as the section
    applies under part A of this subchapter on the date of publication
    of the final rule by the Secretary.
      (ii) Any State standard issued before the date of publication of
    the final rule by the Secretary shall not be preempted until the
    standards established under section 6313(d)(2) of this title take
    effect.
      (B) In applying section 6297 of this title in accordance with
    subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) of
    this section shall apply.
      (3)(A) If the Secretary does not issue a final rule for a
    specific type of automatic commercial ice maker within the time
    frame specified in section 6313(d) of this title, subsections (b)
    and (c) of section 6297 of this title shall no longer apply to the
    specific type of automatic commercial ice maker for the period
    beginning on the day after the scheduled date for a final rule and
    ending on the date on which the Secretary publishes a final rule
    covering the specific type of automatic commercial ice maker.
      (B) Any State standard issued before the publication of the final
    rule shall not be preempted until the standards established in the
    final rule take effect.
      (4)(A) The Secretary shall monitor whether manufacturers are
    reducing harvest rates below tested values for the purpose of
    bringing non-complying equipment into compliance.
      (B) If the Secretary finds that there has been a substantial
    amount of manipulation with respect to harvest rates under
    subparagraph (A), the Secretary shall take steps to minimize the
    manipulation, such as requiring harvest rates to be within 5
    percent of tested values.
      (g)(1)(A) If the Secretary does not issue a final rule for
    commercial clothes washers within the timeframe specified in
    section 6313(e)(2) of this title, subsections (b) and (c) of
    section 6297 of this title shall not apply to commercial clothes
    washers for the period beginning on the day after the scheduled
    date for a final rule and ending on the date on which the Secretary
    publishes a final rule covering commercial clothes washers.
      (B) Any State or local standard issued before the date on which
    the Secretary publishes a final rule shall not be preempted until
    the standards established under section 6313(e)(2) of this title
    take effect.
      (2) The Secretary shall undertake an educational program to
    inform owners of laundromats, multifamily housing, and other sites
    where commercial clothes washers are located about the new
    standard, including impacts on washer purchase costs and options
    for recovering those costs through coin collection.

-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; Pub. L.
    109-58, title I, Sec. 136(h), Aug. 8, 2005, 119 Stat. 643.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Appliance Energy Conservation Act of 1987, referred
    to in subsec. (a)(5), (9), 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 Energy Policy Act of 2005, referred to in subsec. (a)(9), is
    Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 594. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15801 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                            
      2005 - Subsec. (a)(9). Pub. L. 109-58, Sec. 136(h)(1), added par.
    (9).
      Subsec. (b)(1). Pub. L. 109-58, Sec. 136(h)(2), substituted "part
    A" for "part B".
      Subsecs. (d) to (g). Pub. L. 109-58, Sec. 136(h)(3), added
    subsecs. (d) to (g).
      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                                            01/03/2007

-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."

-End-


-CITE-
    42 USC Part B - State Energy Conservation Plans             01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6321                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6322                                            01/03/2007

-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.
    (g) Review of plans
      The Secretary shall, at least once every 3 years, invite the
    Governor of each State to review and, if necessary, revise the
    energy conservation plan of such State submitted under subsection
    (b) or (e) of this section. Such reviews should consider the energy
    conservation plans of other States within the region, and identify
    opportunities and actions carried out in pursuit of common energy
    conservation goals.

-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; Pub. L. 109-58, title I,
    Sec. 123(a), Aug. 8, 2005, 119 Stat. 616.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (g). Pub. L. 109-58 added subsec. (g).
      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]."

-End-



-CITE-
    42 USC Sec. 6323                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6323a                                           01/03/2007

-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                                            01/03/2007

-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 August 8,
    2005, shall contain a goal, consisting of an improvement of 25
    percent or more in the efficiency of use of energy in the State
    concerned in calendar year 2012 as compared to 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;
    Pub. L. 109-58, title I, Sec. 123(b), Aug. 8, 2005, 119 Stat. 616.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 reenacted section catchline without change
    and amended text generally. Prior to amendment, text read as
    follows: "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."
      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.

-End-



-CITE-
    42 USC Sec. 6325                                            01/03/2007

-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 $100,000,000 for each of the fiscal years 2006
    and 2007 and $125,000,000 for fiscal year 2008.
    (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; Pub. L. 109-58, title I, Sec.
    123(c), Aug. 8, 2005, 119 Stat. 617.)

-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                            
      2005 - Subsec. (f). Pub. L. 109-58 substituted "$100,000,000 for
    each of the fiscal years 2006 and 2007 and $125,000,000 for fiscal
    year 2008" for "for fiscal years 1999 through 2003 such sums as may
    be necessary".
      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.

-End-



-CITE-
    42 USC Sec. 6326                                            01/03/2007

-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).

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 6327                                            01/03/2007

-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.

-MISC1-
    Sec. 6327. Repealed. Pub. L. 101-440, Sec. 4(c)(1), Oct. 18, 1990,
      104 Stat. 1009.
      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              01/03/2007

-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                                   01/03/2007

-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.

-MISC1-
    Secs. 6341 to 6346. Repealed. Pub. L. 99-509, title III, Sec.
      3101(b), Oct. 21, 1986, 100 Stat. 1888.
      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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                              01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6362                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6363                                            01/03/2007

-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."

-End-


-CITE-
    42 USC Part E - Energy Conservation Program for Schools
                     and Hospitals                         01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6371                                            01/03/2007

-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."

-End-



-CITE-
    42 USC Sec. 6371a                                           01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 6371b                                           01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 6371c                                           01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6371d                                           01/03/2007

-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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 6371e                                           01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6371f                                           01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6371g                                           01/03/2007

-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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 6371h                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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          01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6372                                            01/03/2007

-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                                           01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 6372b                                           01/03/2007

-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                                           01/03/2007

-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.

-FOOTNOTE-               

    (!1) So in original. The comma probably should be a semicolon.


-End-



-CITE-
    42 USC Sec. 6372d                                           01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 6372e                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 6372h                                           01/03/2007

-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                                           01/03/2007

-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                  01/03/2007

-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                                            01/03/2007

-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        01/03/2007

-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                                            01/03/2007

-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)(i) Dual fueled vehicles acquired pursuant to this section
    shall be operated on alternative fuels unless the Secretary
    determines that an agency qualifies for a waiver of such
    requirement for vehicles operated by the agency in a particular
    geographic area in which - 
        (I) the alternative fuel otherwise required to be used in the
      vehicle is not reasonably available to retail purchasers of the
      fuel, as certified to the Secretary by the head of the agency; or
        (II) the cost of the alternative fuel otherwise required to be
      used in the vehicle is unreasonably more expensive compared to
      gasoline, as certified to the Secretary by the head of the
      agency.

      (ii) The Secretary shall monitor compliance with this
    subparagraph by all such fleets and shall report annually to
    Congress on the extent to which the requirements of this
    subparagraph are being achieved. The report shall include
    information on annual reductions achieved from the use of petroleum-
    based fuels and the problems, if any, encountered in acquiring
    alternative fuels.
      (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; Pub. L. 109-58, title VII, Sec. 701, Aug. 8, 2005,
    119 Stat. 814.)

-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                            
      2005 - Subsec. (a)(3)(E). Pub. L. 109-58 amended subpar. (E)
    generally. Prior to amendment, subpar. (E) read as follows: "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."
      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 Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.
      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))."

-End-



-CITE-
    42 USC Sec. 6374a                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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 Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.
      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                   01/03/2007

-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     01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6382                                            01/03/2007

-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 Government Accountability 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; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-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                            
      2004 - Subsec. (e)(1). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      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."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 6383                                            01/03/2007

-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, Government Accountability 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 Government Accountability
      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; Pub. L. 108-
    271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(1). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      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" and "Federal Energy Regulatory Commission"
    substituted for "Federal Energy Administration" and "Federal Power
    Commission", respectively, 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.

-End-



-CITE-
    42 USC Sec. 6384                                            01/03/2007

-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 Government Accountability 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 Government Accountability 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;
    Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsecs. (a), (c). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".

-End-



-CITE-
    42 USC Sec. 6385                                            01/03/2007

-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                          01/03/2007

-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                                            01/03/2007

-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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 6392                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER IV - GENERAL PROVISIONS
    Part B - General Provisions

-HEAD-
    Sec. 6392. Repealed.

-MISC1-
    Sec. 6392. Repealed. Pub. L. 104-106, div. D, title XLIII, Sec.
      4304(b)(8), Feb. 10, 1996, 110 Stat. 664.
      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                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6394                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 6395                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER IV - GENERAL PROVISIONS
    Part B - General Provisions

-HEAD-
    Sec. 6397. Repealed.

-MISC1-
    Sec. 6397. Repealed. Pub. L. 95-619, title VI, Sec. 691(b)(1), Nov.
      9, 1978, 92 Stat. 3288.
      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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 77 - ENERGY CONSERVATION
    SUBCHAPTER IV - GENERAL PROVISIONS
    Part B - General Provisions

-HEAD-
    Sec. 6401. Repealed.

-MISC1-
    Sec. 6401. Repealed. Pub. L. 99-58, title I, Sec. 104(c)(3), July
      2, 1985, 99 Stat. 105.
      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.

-End-


-CITE-
    42 USC Part C - Congressional Review                        01/03/2007

-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                                            01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 6422                                            01/03/2007

-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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-