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42 U.S.C. § 6372d (THE PUBLIC HEALTH AND WELFARE)
§ 6372d. Applications for grants for technical assistance
(a) Limitation on number of applications by units of local government and public care institutions; submittal to State energy agency
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) 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.
(Pub. L. 94–163, title III, § 400E, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3252.)
42 U.S.C. § 6372g (THE PUBLIC HEALTH AND WELFARE)
§ 6372g. Allocation of grants
(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) in any year shall not exceed 10 percent of the total amount allocated to all the States in such year under such subsection (a). 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.
(Pub. L. 94–163, title III, § 400H, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3253.)
42 U.S.C. § 6384 (THE PUBLIC HEALTH AND WELFARE)
§ 6384. Enforcement
(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) 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.
(Pub. L. 94–163, title V, § 504, Dec. 22, 1975, 89 Stat. 959; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Amendments
text: 2004—Subsecs. (a), (c). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
42 U.S.C. § 6722 (THE PUBLIC HEALTH AND WELFARE)
§ 6722. Financial assistance
(a) Payments to State and local governments
The Secretary of the Treasury (hereafter in this subchapter referred to as the “Secretary”) shall, in accordance with the provisions of this subchapter, make payments to States and to local governments to coordinate budget-related actions by such governments with Federal Government efforts to stimulate economic recovery.
(b) Authorization of appropriations
Subject to the provisions of subsections (c) and (d), there are authorized to be appropriated for each of the five succeeding calendar quarters (beginning with the calendar quarter which begins on July 1, 1977) for the purpose of payments under this subchapter—
(1) $125,000,000, plus
(2) $30,000,000 multiplied by the number of whole one-tenth percentage points by which the rate of seasonally adjusted national unemployment for the most recent calendar quarter which ended three months before the beginning of such quarter exceeded 6 per centum.
(c) Aggregate authorization
In no case shall the aggregate amount authorized to be appropriated under the provisions of subsection (b) for the five successive calendar quarters beginning with the calendar quarter which begins July 1, 1977, exceed $2,250,000,000.
(d) Termination
No amount is authorized to be appropriated under the provisions of subsection (b) for any calendar quarter if—
(1) the average rate of national unemployment during the most recent calendar quarter which ended three months before the beginning of such calendar quarter did not exceed 6 percent, or
(2) the rate of national unemployment for the last month of the most recent calendar quarter which ended three months before the beginning of such calendar quarter did not exceed 6 percent.
(Pub. L. 94–369, title II, § 202, July 22, 1976, 90 Stat. 1002; Pub. L. 94–447, title II, § 201(1), Oct. 1, 1976, 90 Stat. 1498; Pub. L. 95–30, title VI, § 602, May 23, 1977, 91 Stat. 164.)
heading: Amendments
text: 1977—Subsec. (b). Pub. L. 95–30, § 602(a), substituted “July 1, 1977” for “July 1, 1976” in introductory provisions preceding par. (1) and in par. (2) substituted “$30,000,000 multiplied by the number of whole one-tenth” for “$62,500,000 multiplied by the number of one-half” and “such quarter exceeded 6 per centum” for “such calendar quarter exceeded 6 percent”.
Subsec. (c). Pub. L. 95–30, § 602(b), substituted “five successive calendar quarters beginning with the calendar quarter which begins July 1, 1977, exceed $2,250,000,000” for “five calendar quarters beginning with the calendar quarter which begins July 1, 1976, exceed $1,250,000,000”.
1976—Subsec. (d)(1). Pub. L. 94–447 substituted “6 percent, or” for “6 percent, and”.
42 U.S.C. § 6736 (THE PUBLIC HEALTH AND WELFARE)
§ 6736. Authorization of appropriations for Puerto Rico, Guam, American Samoa, and Virgin Islands
(a) Authorizations for five calendar quarters beginning July 1, 1977
There is hereby authorized to be appropriated for each of the five succeeding calendar quarters (beginning with the calendar quarter which begins on July 1, 1977) for the purpose of making payments under this subchapter to Puerto Rico, Guam, American Samoa, and the Virgin Islands, an amount equal to 1 percent of the amount authorized for each such quarter under section 6722(b) of this title.
(b) Allocations
(1) The Secretary shall allocate from the amount authorized under subsection (a) an amount for the purpose of making payments to such governments equal to the total authorized for the calendar quarter multiplied by the applicable territorial percentage.
(2) For the purposes of this subsection, the applicable territorial percentage is equal to the quotient resulting from the division of the territorial population by the sum of the territorial population for all territories.
(3) For purposes of this section—
(A) The term “territory” means Puerto Rico, Guam, American Samoa, and the Virgin Islands.
(B) The term “territorial population” means the most recent population for each territory as determined by the Bureau of Census.
(C) The provisions of sections 6723(c)(4), 6724, 6725, 6726,1 6727, 6728, 6729, 6730, 6731, 6732, and 6733 1 of this title shall apply to the funds authorized under this section.
(c) Payments to local governments
The governments of the territories are authorized to make payments to local governments within their jurisdiction from sums received under this section as they deem appropriate.
(Pub. L. 94–369, title II, § 216, as added Pub. L. 95–30, title VI, § 607, May 23, 1977, 91 Stat. 167.)
heading: References in Text
text: Section 6726 of this title, referred to in subsec. (b)(3)(C), was repealed by Pub. L. 95–30, title VI, § 603(i), May 23, 1977, 91 Stat. 166.
Section 6733 of this title, referred to in subsec. (b)(3)(C), was repealed by Pub. L. 104–66, title I, § 1131(b), Dec. 21, 1995, 109 Stat. 725.
42 U.S.C. § 6803 (THE PUBLIC HEALTH AND WELFARE)
§ 6803. Development of electric utility rate design proposals by Secretary; contents; submission to Congress; supporting analysis
(a) The Secretary shall develop proposals to improve electric utility rate design. Such proposals shall be designed to encourage energy conservation, minimize the need for new electrical generating capacity, and minimize costs of electric energy to consumers, and shall include (but not be limited to) proposals which provide for the development and implementation of—
(1) load management techniques which are cost effective;
(2) rates which reflect marginal cost of service, or time of use of service, or both;
(3) ratemaking policies which discourage inefficient use of fuel and encourage economical purchases of fuel; and
(4) rates (or other regulatory policies) which encourage electric utility system reliability and reliability of major items of electric utility equipment.
(b) The proposals prepared under subsection (a) shall be transmitted to each House of Congress not later than 6 months after August 14, 1976, for review and for such further action as the Congress may direct by law. Such proposals shall be accompanied by an analysis of—
(1) the projected savings (if any) in consumption of petroleum products, natural gas, electric energy, and other energy resources,
(2) the reduction (if any) in the need for new electrical generating capacity, and of the demand for capital by the electric utility industry, and
(3) changes (if any) in the cost of electric energy to consumers,
which are likely to result from the implementation nationally of each of the proposals transmitted under this subsection.
(Pub. L. 94–385, title II, § 203, Aug. 14, 1976, 90 Stat. 1143; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134.)
heading: Amendments
text: 1978—Subsec. (a). Pub. L. 95–617 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration.
42 U.S.C. § 6805 (THE PUBLIC HEALTH AND WELFARE)
§ 6805. Grants for State consumer protection offices by Secretary
(a) Establishment, operation, and purpose; qualifications for funds
The Secretary may make grants to States, or otherwise as provided in subsection (c), under this section to provide for the establishment and operation of offices of consumer services to assist consumers in their presentations before utility regulatory commissions. Any assistance provided under this section shall be provided only for an office of consumer services which is operated independently of any such utility regulatory commission and which is empowered to—
(1) make general factual assessments of the impact of proposed rate changes and other proposed regulatory actions upon all affected consumers;
(2) assist consumers in the presentation of their positions before utility regulatory commissions; and
(3) advocate, on its own behalf, a position which it determines represents the position most advantageous to consumers, taking into account developments in rate design reform.
(b) Grants subject to State assurances on funds
Grants pursuant to subsection (a) of this section shall be made only to States which furnish such assurances as the Secretary may require that funds made available under such section will be in addition to, and not in substitution for, funds made available to offices of consumer services from other sources.
(c) Offices established by Tennessee Valley Authority
Assistance may be provided under this section to an office of consumer services established by the Tennessee Valley Authority, if such office is operated independently of the Tennessee Valley Authority.
(Pub. L. 94–385, title II, § 205, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134.)
heading: Amendments
text: 1978—Subsecs. (a), (b). Pub. L. 95–617 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration.
42 U.S.C. § 6807 (THE PUBLIC HEALTH AND WELFARE)
§ 6807. State utility regulatory assistance
(a) Grants to State utility regulatory commissions and nonregulated electric utilities
The Secretary may make grants to State utility regulatory commissions and nonregulated electric utilities (as defined in the Public Utility Regulatory Policies Act of 1978 [16 U.S.C. 2602]) to carry out duties and responsibilities under titles I [16 U.S.C. 2601 et seq.] and III [15 U.S.C. 3201 et seq.], and section 210 [16 U.S.C. 824a–3], of the Public Utility Regulatory Policies Act of 1978. No grant may be made under this section to any Federal agency.
(b) Unnecessary requirements prohibited
Any requirements established by the Secretary with respect to grants under this section may be only such requirements as are necessary to assure that such grants are expended solely to carry out duties and responsibilities referred to in subsection (a) or such as are otherwise required by law.
(c) Application for grant
No grant may be made under this section unless an application for such grant is submitted to the Secretary in such form and manner as the Secretary may require. The Secretary may not approve an application of a State utility regulatory commission or nonregulated electric utility unless such commission or nonregulated electric utility assures the Secretary that funds made available under this section will be in addition to, and not in substitution for, funds made available to such commission or nonregulated electric utility from other governmental sources.
(d) Apportionment of funds
The funds appropriated for purposes of this section shall be apportioned among the States in such manner that grants made under this section in each State shall not exceed the lesser of—
(1) the amount determined by dividing equally among all States the total amount available under this section for such grants, or
(2) the amount which the Secretary is authorized to provide pursuant to subsections (b) and (c) of this section for such State.
(Pub. L. 94–385, title II, § 207, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 95–617, title I, § 141, Nov. 9, 1978, 92 Stat. 3133.)
heading: References in Text
text: The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117, as amended. Title I of such Act is classified principally to chapter 46 (§ 2601 et seq.) of Title 16, Conservation, and title III of such Act is classified generally to chapter 59 (§ 3201 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 2601 of Title 16 and Tables.
heading: Amendments
text: 1978—Pub. L. 95–617 substituted provisions relating to grants to State utility regulatory commissions and nonregulated electric utilities for provisions authorizing appropriations to carry out this subchapter.
42 U.S.C. § 6870 (THE PUBLIC HEALTH AND WELFARE)
§ 6870. Prohibition against discrimination; notification to funded project of violation; penalties for failure to comply
(a) No person in the United States shall, on the ground of race, color, national origin, or sex, or on the ground of any other factor specified in any Federal law prohibiting discrimination, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, project, or activity supported in whole or in part with financial assistance under this part.
(b) Whenever the Secretary determines that a recipient of financial assistance under this part has failed to comply with subsection (a) or any applicable regulation, he shall notify the recipient thereof in order to secure compliance. If, within a reasonable period of time thereafter, such recipient fails to comply, the Secretary shall—
(1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;
(2) exercise the power and functions provided by title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] and any other applicable Federal nondiscrimination law; or
(3) take such other action as may be authorized by law.
(Pub. L. 94–385, title IV, § 420, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.)
heading: References in Text
text: The Civil Rights Act of 1964, referred to in subsec. (b)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.
heading: Amendments
text: 1980—Subsec. (b). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing.
42 U.S.C. § 6931 (THE PUBLIC HEALTH AND WELFARE)
§ 6931. Authorization of assistance to States
(a) Authorization of appropriations
There is authorized to be appropriated $25,000,000 for each of the fiscal years 1978 and 1979 1 $20,000,000 for fiscal year 1980, $35,000,000 for fiscal year 1981, $40,000,000 for the fiscal year 1982, $55,000,000 for the fiscal year 1985, $60,000,000 for the fiscal year 1986, $60,000,000 for the fiscal year 1987, and $60,000,000 for the fiscal year 1988 to be used to make grants to the States for purposes of assisting the States in the development and implementation of authorized State hazardous waste programs.
(b) Allocation
Amounts authorized to be appropriated under subsection (a) shall be allocated among the States on the basis of regulations promulgated by the Administrator, after consultation with the States, which take into account, the extent to which hazardous waste is generated, transported, treated, stored, and disposed of within such State, the extent of exposure of human beings and the environment within such State to such waste, and such other factors as the Administrator deems appropriate.
(c) Activities included
State hazardous waste programs for which grants may be made under subsection (a) may include (but shall not be limited to) planning for hazardous waste treatment, storage and disposal facilities, and the development and execution of programs to protect health and the environment from inactive facilities which may contain hazardous waste.
(Pub. L. 89–272, title II, § 3011, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96–482, §§ 16, 31(b), Oct. 21, 1980, 94 Stat. 2342, 2352; Pub. L. 98–616, § 2(b), Nov. 8, 1984, 98 Stat. 3222.)
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–616 substituted “$40,000,000 for fiscal year 1982, $55,000,000 for fiscal year 1985, $60,000,000 for fiscal year 1986, $60,000,000 for fiscal year 1987, and $60,000,000 for fiscal year 1988” for “and $40,000,000 for fiscal year 1982”.
1980—Subsec. (a). Pub. L. 96–482, § 31(b), authorized appropriation of $20,000,000, $35,000,000, and $40,000,000 for fiscal years 1980, 1981, and 1982, respectively.
Subsec. (c). Pub. L. 96–482, § 16, added subsec. (c).
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.