dreamproit/uscode huggingface dataset:
42 U.S.C. § 6362 (THE PUBLIC HEALTH AND WELFARE)
§ 6362. Energy conservation policies and practices
(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), each of the agencies specified in subsection (a) 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) shall not apply to any authority exercised under any provision of law designed to protect the public health or safety.
(Pub. L. 94–163, title III, § 382, Dec. 22, 1975, 89 Stat. 939; Pub. L. 103–272, § 4(h), July 5, 1994, 108 Stat. 1364.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–272, § 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, § 4(h)(2), substituted “subsection (a)” for “subsection (a)(1)”.
heading: Statutory Notes and Related Subsidiaries
heading: Abolition of Interstate Commerce Commission and Transfer of Functions
text: 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 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 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 1301 of Title 49.
42 U.S.C. § 6371f (THE PUBLIC HEALTH AND WELFARE)
§ 6371f. Authorization of appropriations
For the purpose of carrying out this part, there are authorized to be appropriated for fiscal years 1999 through 2003 such sums as may be necessary.
(Pub. L. 94–163, title III, § 397, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3246; amended Pub. L. 101–440, § 8(b), Oct. 18, 1990, 104 Stat. 1015; Pub. L. 105–388, § 2(b), Nov. 13, 1998, 112 Stat. 3477.)
heading: Editorial Notes
heading: Amendments
text: 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.
42 U.S.C. § 6371h (THE PUBLIC HEALTH AND WELFARE)
§ 6371h. Administration; detailed description in annual report
(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.
(Pub. L. 94–163, title III, § 399, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3247; amended Pub. L. 96–470, title II, § 203(b), Oct. 19, 1980, 94 Stat. 2242.)
heading: Editorial Notes
heading: Amendments
text: 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”.
42 U.S.C. § 6371i (THE PUBLIC HEALTH AND WELFARE)
§ 6371i. Records
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.
(Pub. L. 94–163, title III, § 400, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3247; amended Pub. L. 105–388, § 5(a)(11), Nov. 13, 1998, 112 Stat. 3479.)
heading: Editorial Notes
heading: Amendments
text: 1998—Pub. L. 105–388 struck out “(a)” before “Each recipient”.
42 U.S.C. § 6371j (THE PUBLIC HEALTH AND WELFARE)
§ 6371j. Application of sections 3141–3144, 3146, and 3147 of title 40
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.
(Pub. L. 95–619, title III, § 312, Nov. 9, 1978, 92 Stat. 3254.)
heading: Editorial Notes
heading: References in Text
text: This part, referred to in text, means part 2 (§§ 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 (§§ 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.
heading: Codification
text: 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, § 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.
42 U.S.C. § 6372h (THE PUBLIC HEALTH AND WELFARE)
§ 6372h. Administration; detailed description in annual report
(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.
(Pub. L. 94–163, title III, § 400I, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3253; amended Pub. L. 96–470, title II, § 203(a), Oct. 19, 1980, 94 Stat. 2242; Pub. L. 105–388, § 5(a)(13), Nov. 13, 1998, 112 Stat. 3479.)
heading: Editorial Notes
heading: Amendments
text: 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”.
42 U.S.C. § 6374a (THE PUBLIC HEALTH AND WELFARE)
§ 6374a. Alternative fuels truck commercial application program
(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.
(Pub. L. 94–163, title III, § 400BB, as added Pub. L. 100–494, § 4(a), Oct. 14, 1988, 102 Stat. 2444; amended Pub. L. 102–486, title IV, § 401, Oct. 24, 1992, 106 Stat. 2875.)
heading: Editorial Notes
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–486, § 401(a), substituted “alternative fuels” for “alcohol and natural gas”.
Subsec. (b)(1). Pub. L. 102–486, § 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.”
42 U.S.C. § 6374b (THE PUBLIC HEALTH AND WELFARE)
§ 6374b. Alternative fuels bus program
(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.
(Pub. L. 94–163, title III, § 400CC, as added Pub. L. 100–494, § 4(a), Oct. 14, 1988, 102 Stat. 2445; amended Pub. L. 102–486, title IV, § 402(1), Oct. 24, 1992, 106 Stat. 2875.)
heading: Editorial Notes
heading: Amendments
text: 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”.
42 U.S.C. § 6374c (THE PUBLIC HEALTH AND WELFARE)
§ 6374c. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 94–163, title III, § 400DD, as added Pub. L. 100–494, § 4(a), Oct. 14, 1988, 102 Stat. 2445; amended Pub. L. 102–486, title IV, § 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.
42 U.S.C. § 6374e (THE PUBLIC HEALTH AND WELFARE)
§ 6374e. Federal fleet conservation requirements
(a) Mandatory reduction in petroleum consumption
(1) In general
Not later than 18 months after December 19, 2007, the Secretary shall issue regulations for Federal fleets subject to section 6374 of this title to require that, beginning in fiscal year 2010, each Federal agency shall reduce petroleum consumption and increase alternative fuel consumption each year by an amount necessary to meet the goals described in paragraph (2).
(2) Goals
The goals of the requirements under paragraph (1) are that not later than October 1, 2015, and for each year thereafter, each Federal agency shall achieve at least a 20 percent reduction in annual petroleum consumption and a 10 percent increase in annual alternative fuel consumption, as calculated from the baseline established by the Secretary for fiscal year 2005.
(3) Milestones
The Secretary shall include in the regulations described in paragraph (1)—
(A) interim numeric milestones to assess annual agency progress towards accomplishing the goals described in that paragraph; and
(B) a requirement that agencies annually report on progress towards meeting each of the milestones and the 2015 goals.
(b) Plan
(1) Requirement
(A) In general
The regulations under subsection (a) shall require each Federal agency to develop a plan, and implement the measures specified in the plan by dates specified in the plan, to meet the required petroleum reduction levels and the alternative fuel consumption increases, including the milestones specified by the Secretary.
(B) Inclusions
The plan shall—
(i) identify the specific measures the agency will use to meet the requirements of subsection (a)(2); and
(ii) quantify the reductions in petroleum consumption or increases in alternative fuel consumption projected to be achieved by each measure each year.
(2) Measures
The plan may allow an agency to meet the required petroleum reduction level through—
(A) the use of alternative fuels;
(B) the acquisition of vehicles with higher fuel economy, including hybrid vehicles, neighborhood electric vehicles, electric vehicles, and plug-in hybrid vehicles if the vehicles are commercially available;
(C) the substitution of cars for light trucks;
(D) an increase in vehicle load factors;
(E) a decrease in vehicle miles traveled;
(F) a decrease in fleet size; and
(G) other measures.
(Pub. L. 94–163, title III, § 400FF, as added Pub. L. 110–140, title I, § 142, Dec. 19, 2007, 121 Stat. 1518.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
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: Editorial Notes
heading: Amendments
text: 2004—Subsecs. (a), (c). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
42 U.S.C. § 6391 (THE PUBLIC HEALTH AND WELFARE)
§ 6391. Prohibited actions
(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) titles I and II of this Act (other than any provision of such titles which amends another law).
(2) this title.1
(3) the Emergency Petroleum Allocation Act of 1973.1
(Pub. L. 94–163, title V, § 521, Dec. 22, 1975, 89 Stat. 960.)
heading: Editorial Notes
heading: References in Text
text: Title I of this Act, referred to in subsec. (c)(1), is title I of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 875, which is classified principally to subchapter I (§ 6211 et seq.) of this chapter. For complete classification of title I to the Code, see Tables.
Title II of this Act, referred to in subsec. (c)(1), is title II of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 890, which is classified generally to subchapter II (§ 6271 et seq.) of this chapter. For complete classification of title II to the Code, see Tables.
This title, referred to in subsec. (c)(2), is title V of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 956, which is classified principally to this subchapter. For complete classification of title V to the Code, see Tables.
The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (c)(3), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 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.
42 U.S.C. § 6392 (THE PUBLIC HEALTH AND WELFARE)
§ 6392. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(8), Feb. 10, 1996, 110 Stat. 664
text: Section, Pub. L. 94–163, title V, § 522, Dec. 22, 1975, 89 Stat. 961; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to conflicts of interest.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: 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 2302 of Title 10, Armed Forces.
42 U.S.C. § 6394 (THE PUBLIC HEALTH AND WELFARE)
§ 6394. Prohibited acts
It shall be unlawful for any person—
(1) to violate any provision of title I or title II of this Act or this title 1 (other than any provision of such titles which amend 2 another law),
(2) to violate any rule, regulation, or order issued pursuant to any such provision or any provision of section 383 of this Act [42 U.S.C. 6363]; or
(3) to fail to comply with any provision prescribed in, or pursuant to, an energy conservation contingency plan which is in effect.
(Pub. L. 94–163, title V, § 524, Dec. 22, 1975, 89 Stat. 963.)
heading: Editorial Notes
heading: References in Text
text: Title I of this Act, referred to in par. (1), is title I of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 875, which is classified principally to subchapter I (§ 6211 et seq.) of this chapter. For complete classification of title I to the Code, see Tables.
Title II of this Act, referred to in par. (1), is title II of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 890, which is classified generally to subchapter II (§ 6271 et seq.) of this chapter. For complete classification of title II to the Code, see Tables.
This title, referred to in par. (1), is title V of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 956, which is classified principally to this subchapter. For complete classification of title V to the Code, see Tables.