An Act to amend the Federal Energy Administration Act of 1974 to extend the duration of authorities under such Act; to provide an incentive for domestic production; to provide for electric utility rate design initiatives; to provide for energy conservation standards for new buildings; to provide for energy conservation assistance for existing buildings and industrial plants; and for other purposes.
PL 94-385 (H.R.12169), enacted 08/14/1976

PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1125 
Public Law 94-385 
94th Congress 
An Act 
To amend the Federal Energy Administration Act of 1974 to extend the duration 
Aug. 14, 1976 
of authorities under such Act; to provide an incentive for domestic production; 
[H.R. 12169] 
to provide for electric utility rate design initiatives; to provide for energy con-
servation standards for new buildings; to provide for energy conservation as-
sistance for existing buildings and industrial plants; and for other purposes. 
Be it eifmcted &y t^^ Senate and House of Representatives of the 
United States of America in Congress assembled^ That this Act may be Energy 
cited as the "Energy Conservation and Production Act". 
Conservation and 
Production Act. 
CONTENTS 
^2 use 6801 
note. 
TITLE I—FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS 
AND RELATED 
MATTERS 
PART A—FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS 
Sec. 101. Short title. 
Sec. 102. Limitation on discretion of Administrator with respect to energy 
actions. 
•< 
Sec. 103. Environmental Protection Agency comment period and notice of waiver. 
Sec. 104. Guidelines for hardship and inequity and hearing at appeals. 
^ 
Sec. 105. Requirements for hearing in the geographic area affected by rules and 
regulations of the Administrator. 
Sec. 106. Limitation on the Administrator's authority with respect to enforce-
ment of rules and regulations. 
Sec. 107. Maintaining accounts or records for compliance purposes; and allevia-
tion of small business reporting burdens. 
Sec. 108. Penalties for failure to file information. 
Sec. 109. Reports. 
Sec. 110. Authorizations of appropriations. 
Sec. 111. Collection of information concerning exports of coal or petroleum 
products. 
Sec. 112. Federal Energy Administration Act extension. 
Sec. 113. Project Independence evaluation system documentation and access. 
PART B—PRODUCTION ENHANCEMENT AND OTHER RELATED MATTERS 
Sec. 121. Exemption of stripper well production. 
Sec. 122. Enhancement of domestic production. 
Sec. 123. Construction of refineries by small and independent refiners. 
Sec. 124. Effective date of EPAA amendments. 
PART C—OFFICE OF ENERGY INS'ORMATION AND ANALYSIS 
Sec. 141. Findings and purpose. 
Sec. 142. Office of Energy Information and Analysis. 
"PART B—OFFICE OF ENERGY INFORMATION AND ANALYSIS 
"Sec. 51. Establishment of OflBce of Energy Information and Analysis. 
"Sec. 52. National Energy Information System. 
"Sec. 53. Administrative provisions. 
"Sec. 54. Analytical capability. 
"Sec. 55. Professional audit review of performance of OflSce. 
"Sec. 56. Coordination of energy information activities. 
"Sec. 57. Reports. 
> 
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"Sec. 58. Energy information in possession of other Federal agencies. 
"Sec. 59. Congressional access to information in possession of the OflSce. 
Sec. 143. Effective date. 
90 STAT. 1126 
PUBLIC LAW 94-385—AUG. 14, 1976 
CONTENTS—Continued 
- -I 
PART D—AMENDMENTS TO OTHER ENERGY-RELATED LAW 
Sec. 161. Appliance program. 
Sec. 162. Energy Resources Council reports. 
Sec. 163. Extension of Energy Resources Council. 
Sec. 164. Development of underground coal mines. 
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TITLE II—ELECTRIC UTILITIES RATE DESIGN INITIATIVES 
Sec. 201. Findings. 
, 
, , , , - „ . . . 
.,. , ^. 
Sec. 202. Definitions. 
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• 
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Sec. 203. Electric utility rate design proposals. 
See. 204. Rate design innovation and Federal Energy Administration interven-
tion. 
j^ 
Sec. 205. Grants for offices of consumer services. 
Sec. 206. Reports. 
Sec. 207. Authorizations of appropriations. 
TITLE III—ENERGY CONSERVATION STANDARDS FOR NEW 
BUILDINGS 
Sec. 301. Short title. 
Sec. 302. Findings and purposes. 
Sec. 303. Definitions. 
. 
'v; 
...M. '.. i 
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Sec. 304. Promulgation of energy conservation performance standards for new 
buildings. 
Sec. 305. Application of energy conservation standards for new buildings. 
Sec. 306. Federal buildings. 
Sec. 307. Grants. 
Sec. 308. Technical assistance. 
Sec. 309. Consultation with interested and affected groups. 
Sec. 310. Support activities. 
Sec. 311. Monitoring of State and local adoption of energy conservation stand-
ards for buildings. 
TITLE 
IV—ENERGY 
CONSERVATION 
AND 
RENEWABLE-RESOURCE 
ASSISTANCE FOR EXISTING BUILDINGS 
Sec. 401. Short title. 
Sec. 402. Findings and purpose. 
PART A—WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS 
Sec. 411. Findings and purpose. 
Sec. 412. Definitions. 
i/-. -. ••;';>><•-;•!. Kca-o ;n'j>t'i- H via'" 
Sec. 413. Weatherization program. 
Sec. 414. Financial assistance. 
Sec. 415. Limitations. 
Sec. 416. Monitoring, technical assistance, and evaluation. 
Sec. 417. Administrative provisions. 
Sec. 418. Approval of applications and administration of State programs. 
Sec. 419. Judicial review. 
Sec. 420. Nondiscrimination. 
Sec. 421. Annual report. 
. 
, 
. 
Sec. 422. Authorization of appropriations. 
PART B—STATE ENERGY CONSERVATION PLANS 
Sec. 431. Definitions. 
Sec. 432. Supplemental State energy conservation plans. 
PART C—NATIONAL ENERGY CONSERVATION AND RENEWABLE-RESOURCE 
DEMONSTRATION PROGRAM FOR EXISTING DWELLING UNITS 
Sec. 441. Energy conservation and renewable-resource demonstration. 
PART D—ENERGY CONSERVATION AND RENEWABLE-RESOURCE OBLIGATION 
GUARANTEES 
Sec. 451. Program. 
PART E—MISCELLANEOUS PROVISIONS 
Sec. 461. Exchange of information. 
Sec. 462. Report by the Comptroller General. 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1127 
TITLE I—FEDERAL ENERGY ADMINISTRATION ACT Federal Energy 
AMENDMENTS AND RELATED MATTERS 
A?Wdme"nts 
PART A—FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS 
of 1976. 
SHORT 
T I T L E 
SEC. 101. This title may be cited as the "Federal Energy Adminis- 15 USC 761 note, 
tration Act Amendments of 1976". 
L I M I T A T I O N O N DISCRETION OF ADMINISTRATOR WITH RESPECT TO 
ENERGY ACTIONS 
SEC. 102. Section 5 of the Federal Energy Administration Act of 
1974 is amended by adding at the end thereof the following: 
15 USC 764. 
"(c)(1) The Administrator shall not exercise the discretion dele-
gated to him by the President, pursuant to section 5(b) of the Emer-
gency Petroleum Allocation Act of 1973, to submit to the Congress 15 USC 754. 
as one energy action any amendment to the regulation under section 
4(a) of such Act, pursuant to section 12 of such Act, which amend- 15 USC 753, 
ment exempts any oil, refined petroleum product, or refined product ^^Oa. 
category from both the allocation and pricing provisions of the regu-
lation under section 4 of such Act. 
"(2) Nothing in this subsection shall prevent the Administrator 
from concurrently submitting an energy action relating to price 
together with an energy action relating to allocation of the same oil, 
refined petroleum product, or refined product category.". 
ENVIRONMENTAL PROTECTION AGENCY COMMENT PERIOD AND 
NOTICE OF WAIVER 
SEC. 103. Paragraphs (1) and (2) of section 7(c) of the Federal 
Energy Administration Act of 1974 are amended to read as follows: 15 USC 766. 
"(1) The Administrator shall, before promulgating proposed Rules and 
rules, regulations, or policies affecting the quality of the environ- regulations, 
ment, provide a period of not less than five working days during 
which the Administrator of the Environmental Protection 
Agency may provide written comments concerning the impact 
of such rules, regulations, or policies on the quality of the environ-
ment. Such comments shall be published together with publication 
of notice of the proposed action. 
"(2) The review required by paragraph (1) of this subsection 
may be waived for a period of fourteen days if there is an emer-
gency situation which, in the judgment of the Administrator, 
requires making effective the action proposed to be taken at a date 
earlier than would permit the Administrator of the Environ-
mental Protection Agency the five working days opportunity for 
prior comment required by paragraph (1). Notice of any such 
waiver shall be given to the Administrator of the Environmental 
Protection Agency and filed with the Federal Register with the 
publication of notice of proposed or final agency action and shall 
include an explanation of the reasons for such waiver, together 
with supporting data and a description of the factual situation 
in such detail as the Administrator determines will apprise such 
agency and the public of the reasons for such waiver.". 
90 STAT. 1128 
PUBLIC LAW 94-385—AUG. 14, 1976 
15 use 766. 
Rules and 
regulations. 
15 use 761 note. 
Review. 
15 use 766. 
Definitions. 
GUIDELINES FOR HARDSHIP AND INEQUITY AND HEARING AT APPEALS 
SEC. 104. Section 7(i) (1) (D) of the Federal Energy Administration 
Act of 1974 is amended to read as follows: 
"(D) Any officer or agency authorized to issue the rules, regulations, 
or orders described in paragraph (A) shall provide for the making 
of such adjustments, consistent with the other purposes of this Act, 
as may be necessary to prevent special hardship, inequity, or unfair 
distribution of burdens and shall, by rule, establish procedures which 
are available to any person for the purpose of seeking an interpreta-
tion, modification, rescission of, exception to, or exemption from, such 
rules, regulations, and orders. Such officer or agency shall, within 
ninety days after the date of the enactment of the Federal Energy 
Administration Act Amendments of 1976, establish criteria and guide-
lines by which such special hardship, inequity, or unfair distribution 
of burdens shall be evaluated. Such officer or agency shall additionally 
insure that each decision on any application or petition requesting 
an adjustment shall specify the standards of hardship, inequity, or 
unfair distribution of burden by which any disposition was made, and 
the specific application of such standards to the facts contained in any 
such application or petition. If any person is aggrieved or adversely 
affected by a denial of a request for adjustment under the preceding 
sentences, he may request a review of such denial by the agency and 
may obtain judicial review in accordance with paragraph (2) of this 
subsection when such a denial becomes final. The agency shall, by rule, 
establish appropriate procedures, including a hearing when requested, 
for review of a denial, and where deemed advisable by the agency, 
for considering other requests for action under this paragraph, except 
that no review of a denial under this subparagraph shall be con-
trolled by the same officer denying the adjustment pursuant to this 
subparagraph.". 
REQUIREMENTS FOR HEARING I N 
THE GEOGRAPHIC AREA AFFECTED BY 
RULES AND REGULATIONS OF THE ADMINISTRATOR 
SEC. 105. Section 7(i) (1) is amended by adding after subparagraph 
(E) the following new subparagraph: 
"(F) (i) With respect to any rule or regulation of the Administra-
tor the effects of which, except for indirect effects of an inconsequen-
tial nature, are confined to— 
"(I) a single unit of local government or the residents thereof; 
"(II) a single geographic area within a State or the residents 
thereof; or 
" (III) a single State or the residents thereof; 
the Administrator shall, in any case where he is required by law, or 
w^here he determines, to afford an opportunity for a hearing or the 
oral presentation of views, provide procedures for the holding of such 
hearing or oral presentation within the boundaries of the unit of local 
government, geographic area, or State described in subclauses (I) 
through (III), as the case may be. 
" (ii) For purposes of this subparagraph— 
" (I) the term 'unit of local government' means a county, munic-
ipality, town, township, village, or other unit of general govern-
ment Wow the State level; and 
"(II) the term 'geographic area within a State' means a special 
purpose district or other region recognized for governmental pur-
poses within such State which is not a unit of local government. 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1129 
"(iii) Nothing in this subparagraph shall be construed as requiring 
a hearing or an oral presentation of views where none is required by 
law or, in the absence of such a requirement, where the Administrator 
determines a hearing or oral presentation is not appropriate.". 
LIMITATION ON THE ADMINISTRATOR'S AUTHORITY WITH RESPECT TO 
ENFORCEMENT OF REGULATIONS AND RULINGS 
SEC. 106. Section 7 of the Federal Energy Administration Act of 
1974 is amended by adding at the end thereof the following: 
15 USC 766. 
"(k) The Administrator or his delegate may not exercise discretion 
to maintain a civil action (other than an action for injunctive relief) 
or issue a remedial order against any person whose sole petroleum 
industry operation relates to the marketing of petroleum products, 
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for any violation of any rule or regulation if— 
"(1) such civil action or order is based upon a retroactive 
application of such rule or regulation or is based upon a retro-
active interpretation of such rule or regulation; and 
"(2) such person relied in good faith upon rules, regulations, 
or rulings interpreting such rules or regulations, in effect on the 
date of the violation.". 
MAINTAINING ACCOUNTS OR RECORDS FOR COMPLIANCE PURPOSES; AND 
ALLEVIATION OF SMALL BUSINESS REPORTING BURDENS 
SEC. 107. Section 13 of the Federal Energy Administration Act of 
1974 is amended by adding at the end thereof the following: 
15 USC 772. 
"(g) With respect to any person who is subject to any rule, regula-
tion, or order promulgated by the Administrator or to any provision 
of law the administration of which is vested in or transferred or dele-
gated to the Administrator, the Administrator may require, by rule, 
the keeping of such accounts or records as he determines are necessary 
or appropriate for determining compliance with such rule, regulation, 
order, or any applicable provision of law. 
"(h) In exercising his authority under this Act and any other provi-
sion of law relating to the collection of energy information, the 
Administrator shall take into account the size of businesses required to 
submit reports with the Administrator so as to avoid, to the greatest 
extent practicable, overly burdensome reporting requirements on small 
i 
marketers and distributors of petroleum products and other small 
business concerns required to submit reports to the Administrator.". 
PENALTIES FOR FAILURE TO FILE 
INFORMATION 
SEC. 108. Section 13 of the Federal Energy Administration Act of 
1974 as amended by this Act is further amended by adding at the end 
thereof the following new subsection: 
" (i) Any failure to make information available to the Administrator 
under subsection (b), any failure to comply with any general or special 
order under subsection (c), or any failure to allow the Administrator to 
act under subsection (d) shall be subject to the same penalties as any 
violation of section 11 of the Energy Supply and Environmental Coor-
dination Act of 1974 or any rule, regulation, or order issued under 15 USC 796. 
such section.". 
90 STAT. 1130 
PUBLIC LAW 94-385—AUG. 14, 1976 
REPORTS 
SEC. 109. (a) Section 15 of the P'ederal Energy Administration 
15 use 774. 
Act of 1974 is amended— 
(1) by striking out subsection (a) thereof; and 
(2) by redesignating subsections (b), (c), (d), and (e) as 
subsections (a), (b), (c),and (d), respectively. 
(b) Section 15(b) of such Act (as redesignated by subsection (a) 
of this section) is amended— 
' '• ' 
• 
(1) by striking out "and" in paragraph (4) after "period;"; 
(2) in paragraph (5) by striking out the period at the end 
thereof and inserting in lieu thereof "; and"; and 
(3) by inserting at the end of such subsection the following: 
Energy analysis. 
"(6) an analysis of the energy needs of the United States and 
the methods by which such needs can be met, including both tax 
and nontax proposals and energy conservation strategies. 
In the first annual report submitted after the date of enactment of the 
Energy Conservation and Production Act, the Administrator shall 
include in such report with respect to the analysis referred to in para-
graph (6) a specific discussion of the utility and relative benefits of 
employing a Btu tax as a means for obtaining national energy goals.", 
(c) Section 15 of such Act (as amended by this section) is further 
amended by adding at the end thereof the following: 
"(e) The analysis referred to in subsection (b) (6) shall include, for 
each of the next five fiscal years following the year in which the 
annual report is submitted and for the tenth fiscal year following 
such year— 
"(1) the effect of various conservation programs on such energy 
needs; 
"(2) the alternate methods of meeting the energy needs iden-
tified in such annual report and of— 
"(A) the relative capital and other economic costs of each 
such method; 
"(B) the relative environmental, national security, and 
balance-of-trade risks of each such method; 
"(C) the other relevant advantages and disadvantages of 
each such method; and 
Legislative 
" (3) recommendations for the best method or methods of meet-
recommendations, 
jjjg li^Q energy needs identified in such annual report and for legis-
lation needed to meet those needs. 
Notwithstanding the termination of this Act, the President shall des-
ignate an appropriate Federal agency to conduct the analysis specified 
in subsection (b) (6).". 
(d) Section 18(d) of the Federal Energy Administration Act of 
15 use 777. 
1974 is amended by striking out "a report every six months" and 
inserting in lieu thereof "an annual report". 
AUTHORIZATIONS OF APPROPRIATIONS 
SEC. 110. Section 29 of the Federal Energy Administration Act of 
15 use 761 note. 1974 is amended to read as follows: 
"SEC. 29. (a) There are authorized to be appropriated to the Fed-
eral Energy Administration the following sums: 
"(1) subject to the restrictions specified in subsection (b), to 
carry out the functions identified as assigned to Executive Direc-
tion and Administration of the Federal Energy Administration 
as of January 1,1976— 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1131 
"(A) for the period beginning July 1, 1976, and ending 
September 30, 1976, not to exceed $8,655,000; and 
"(B) for the fiscal year ending September 30, 1977, not 
to exceed $33,086,000. 
"(2) to carry out the functions identified as assigned to the 
Office of Energy Policy and Analysis as of January 1, 1976— 
"(A) for the period beginning July 1, 1976, and ending 
September 30,1976, not to exceed $8,137,000; and 
"(B) for the fiscal year ending September 30, 1977, not to 
exceed $34,971,000. 
"(3) to carry out the functions identified as assigned to the 
Office of Regulatory Programs as of January 1, 1976— 
"(A) for the period beginning July 1, 1976, and ending 
September 30, 1976, not to exceed $13,238,000; and 
"(B) for the fiscal year ending September 30, 1977, not 
to exceed $62,459,000. 
"(4) to carry out the functions identified as assigned to the 
Office of Conservation and the Environment as of January 1, 
1976 (other than functions described in title II of the Energy 
Conservation and Production Act)— 
Post, p. 1142. 
"(A) for the period beginning July 1, 1976, and ending 
September 30, 1976, not to exceed $7,386,000; and 
"(B) for the fiscal year ending September 30, 1977, not 
to exceed $37,000,000. 
"(5) to carry out the functions identified as assigned to the 
Office of Energy Resource Development as of January 1, 1976— 
"(A) for the period beginning July 1, 1976, and ending 
September 30, 1976, not to exceed $3,052,000; and 
"(B) for the fiscal year ending September 30, 1977, not 
to exceed $16,934,000. 
"(6) to carry out the functions identified as assigned to the 
!
* W'ici 
Office of International Energy Affairs as of January 1, 1976— 
"(A) for the period beginning July 1, 1976, and ending 
September 30, 1976, not to exceed $300,000; and 
"(B) for the fiscal year ending September 30, 1977, not 
to exceed $1,921,000. 
"(7) subject to the restriction specified in subsection (c), to 
carry out a program to develop the policies, plans, implementa-
tion strategies, and program definitions for promoting accelerated 
utilization and widespread commercialization of solar energy and 
to provide overall coordination of Federal solar energy commer-
cialization activities— 
"(A) for the period beginning July 1, 1976, and ending 
September 30,1976, not to exceed $500,000; and 
"(B) for the fiscal year ending September 30, 1977, not to 
exceed $2,500,000. 
"(8) for the purpose of permitting public use of the Project 
Independence Evaluation System pursuant to section 31 of this 
Act, not to exceed the aggregate amount of the fees estimated to Post, p. 1132. 
be charged for such use. 
"(b) The following restrictions shall apply to the authorization of Restrictions, 
appropriations specified in paragraph (1) of subsection (a) — 
"(1) amounts to carry out the functions identified as assigned 
to the Office of Communications and Public Affairs as of Janu-
ary 1, 1976, shall not exceed $607,000 for the period beginning 
July 1,1976, and ending September 30,1976, and shall not exceed 
$2,036,000 for the fiscal year ending September 30, 1977; and 
90 STAT. 1132 
PUBLIC LAW 94-385—AUG. 14, 1976 
"(2) no amounts authorized to be appropriated in such para-
graph may be used to carry out the functions identified as assigned 
to the Office of Nuclear Affairs as of January 1,1976. 
"(c) No amounts authorized to be appropriated in paragraph (7) 
of subsection (a) may be used to carry out solar energy research, 
development, or demonstration activities.". 
COLLECTION OF INFORMATION CONCERNING EXPORTS OF COAL OR 
PETROLEUM PRODUCTS 
SEC. 111. Section 25 of the Federal Energy Administration Act 
15 use 784. 
of 1974 is amended by adding at the end thereof the following new 
subsection: 
"(d) The Administrator shall not be required to collect independ-
ently information described in subsection (a) if he can secure the 
information described in subsection (a) from other Federal agencies 
and the information secured from such agencies is available to the 
Congress pursuant to a request under subsection (b).". 
15 use 761 note. 
Effective date. 
FEDERAL ENERGY ADMINISTRATION ACT EXTENSION 
SEC. 112. (a) The second sentence of section 30 of the Federal 
Energy Administration Act of 1974 is amended to read as follows: 
"This Act shall terminate December 31,1977.". 
(b) The amendment made by subsection (a) to section 30 of the 
Federal Energy Administration Act of 1974 shall take effect on July 
30,1976. 
15 use 761 note. 
PROJECT INDEPENDENCE EVALUATION SYSTEM DOCUMENTATION AND 
ACCESS 
SEC. 113. The Federal Energy Administration Act of 1974 is 
amended by adding at the end thereof the following new section: 
PROJECT INDEPENDENCE EVALUATION SYSTEM DOCUMENTATION AND 
ACCESS 
15 use 787. 
"SEC. 31. The Administrator of the Federal Energy Administration 
shall— 
"(1) submit to the Congress, not later than September 1,1976, 
full and complete structural and parametric documentation, and 
not later than January 1, 1977, operating documentation, of the 
Project Independence Evaluation System computer model; 
"(2) provide access to such model to representatives of com-
mittees of the Congress in an expeditious manner; and 
"(3) permit the use of such model on the computer system 
maintained by the Federal Energy Administration by any member 
of the public upon such reasonable terms and conditions as the 
Administrator shall, by rule, prescribe. Such rules shall provide 
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V 
that any member of the public who uses such model may be 
charged a fair and reasonable fee, as determined by the Adminis-
trator, for using such model.". 
PART B—^PRODUCTION ENHANCEMENT AND OTHER RELATED MATTERS 
EXEMPTION O F STRIPPER WELL PRODUCTION 
SEC. 121. Section 8 of the Emergency Petroleum Allocation Act of 
15 use 757. 
1973 is amended by adding at the end thereof the following new 
subsection: 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1133 
"(i) (1) The first sale price of stripper well crude oil shall be exempt 
from the regulation promulgated under section 4 of this Act as 
amended pursuant to the requirements of this section. For the purpose 
15 USC 753. 
of this section, the President shall include in the computation of the 
actual weighted average first sale price for crude oil produced in the 
United States in any month subsequent to August 1976 the actual 
volume of stripper well crude oil produced in the United States in 
such subsequent month and such actual volume shall be deemed to 
have been sold at a first sale price equal to $11.63 per barrel plus the 
difference between the actual weighted average first sale price in 
August 1976, for crude oil, other than stripper well crude oil, pro-
duced in the United States, and the actual average first sale price in 
such subsequent month of all classifications of crude oil, other than 
stripper well crude oil, produced in the United States, weighted as if 
each such classification were produced in such subsequent month in 
' 
the same proportion as such classification, or the most nearly com-
parable classification which existed on August 1, 1976, was produced 
in August 1976. 
"(2) For the purposes of this subsection, 'stripper well crude oil' "Stripper well 
means crude oil produced and sold from a property whose maximum 
crude oil." 
average daily production of crude oil per well during any consecutive 
12-month period beginning after December 31, 1972, does not exceed 
10 barrels. 
"(3^ To qualify for the exemption under this subsection, a property Qualification, 
must oe producing crude oil at the maximum feasible rate through-
out the 12-month qualifying period and in accordance with recog-
nized conservation practices. 
"(4) The President may define terms used in this subsection con-
sistent with the purposes thereof.". 
j.«a 
ENHANCEMENT OF DOMESTIC PRODUCTION 
SEC. 122. Section 8 of the Emergency Petroleum Allocation Act of 
1973 (as amended by section 121 of this Act) is further amended— 15 USC 757. 
(1) in subsection (d) (1), by striking out "any adjustment as 
a production incentive shall not permit an increase in the maxi-
mum weighted average first sale price in excess of 3 per centum per 
annum (compounded annually), unless modified pursuant to this 
section, and"; 
(2) in subsection (d) (3) (C), by striking out ", including pro-
duction from stripper wells"; 
(3) in subsection (e)(1), by striking out "(A) a production 
incentive adjustment to the maximum weighted average first 
sale price in excess of the 3 per centum limitation specified in 
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. 
subsection (d) (1), (B)", and by striking out "such subsection, or 
(C) both.", and inserting in lieu thereof "subsection (d)(1)."; 
(4) in subsection (e)(2), by striking out "an additional 
adjustment as a production incentive, or", and by striking out 
", or both,"; 
(5) in subsection (f)(1), by adding before the period at the 
end thereof the following: "and an analysis of the effects on * 
price and the production of domestic crude oil resulting from 
the amendments made to this section by sections 121 and 122 of 
the Energy Conservation and Production Act"; 
90 STAT. 1134 
PUBLIC LAW 94-385—AUG. 14, 1976 
15 use 753. 
"Tertiary en-
hanced recovery 
techniques." 
Rule. 
(6) in subsection (f) (2), by striking out "The President may" 
and inserting in lieu thereof "On March 15, 1977, the President 
may"; 
(7) in subsection (f) (2) ( A ) , by striking out "or modification", 
and by striking out "as may have been amended pursuant to sub-
section ( e ) " ; 
(8) in subsection (f) (5), by striking out "or modify", and by 
striking out "or of a modification of such adjustment"; and 
(9) by adding at the end thereof the following new subsection: 
"(j) (1) As soon as practicable after the date of enactment of this 
subsection, taking into consideration the greater flexibility provided 
by the amendments relating to the production incentive adjustment 
under section 122 of the Energy Conservation and Production Act, the 
President shall promulgate such amendments to the regulation under 
section 4(a) (relating to price) as shall (A) provide additional price 
incentives for bona fide tertiary enhanced recovery techniques and (B) 
provide for the adjustment of differentials in ceiling prices for crude 
oil that are the result of gravity differentials which are arbitrary, dis-
criminatory, applied on a regional or local basis without reasonable 
justification, or fail substantially to reflect current relative market 
valuations of such differentials. 
" (2) As used in this subsection, the term 'tertiary enhanced recovery 
techniques' means extraordinary and high cost enhancement technol-
ogies of a type associated with tertiary applications including, to the 
extent that such techniques would be uneconomical without additional 
price incentives, miscible fluid or gas injection, chemical 
flooding, 
steam flooding, microemulsion flooding, in situ combustion, cyclic steam 
injection, polymer flooding, and caustic flooding and variations of the 
same. The President shall have authority to further define the term by 
rule.". 
15 use 753 note. 
15 use 753. 
Report to 
eongress. 
"Small refiner" 
and "independ-
ent refiner." 
CONSTRUCTION OF REFINERIES BY SMALL, AND INDEPENDENT 
REFINERS 
SEC. 123. (a) It is the intent of the Congress that, for the purpose of 
fostering construction of new refineries by small and independent 
refiners in the United States, the Administrator of the Federal Energy 
Administration shall take such action, within his authority under 
other law consistent with the attainment, to the maximum extent prac-
ticable, of the objectives under section 4 ( b ) ( 1 ) ( D ) of the Emergency 
Petroleum Allocation Act of 1973, as the Administrator determines 
necessary to insure that rules, regulations, or orders issued by him do 
not impose unreasonably, unnecessary, or discriminatory barriers to 
entry for small refiners and independent refiners. 
(b) Not later than April 1,1977, the Administrator shall report to 
the Congress with respect to actions taken to carry out the policies in 
subsection (a). 
(c) For the purposes of this section the terms "small refiner" and 
"independent refiner" have the same meaning as such terms have under 
the Emergency Petroleum Allocation Act of 1973. 
^ 
* 
EFFECTIVE DATE OF EPAA AMENDMENTS 
15 use 757 note. 
SEC. 124. The amendments made to section 8 of the Emergency 
15 use 757. 
Petroleum Allocation Act by section 122 of this Act shall take effect 
on the date of enactment of this Act. The amendments made to sec-
tion 8 of such Act by section 121 of this Act shall take effect on the 
first day of the first full month which begins after the date of 
enactment of this Act. 
PUBLIC LAW 94-385—AUG. 14, 1976 
PART C — O F F I C E OF ENERGY INFORMATION AND ANALYSIS 
90 STAT. 1135 
FINDINGS AND PURPOSE 
SEC. 141. (a) The Congress finds that the public interest requires 
that decisionmaking, with respect to this Nation's energy requirements 
and the sufficiency and availability of energy resources and supplies, 
be based on adequate, accurate, comparable, coordinated, and credible 
energy information. 
(b) The purpose of this title is to establish within the Federal 
Energy Administration an Office of Energy Information and Analysis 
and a National Energy Information System to assure the availability 
of adequate, comparable, accurate, and credible energy information 
to the Federal Energy Administration, to other Government agencies 
responsible for energy-related policy decisions, to the Congress, and 
to the public. 
OFFICE OF ENERGY INFORMATION AND ANALYSIS 
SEC. 142. The Federal Energy Administration Act of 1974 is 
amended by inserting "PART A—FEDERAL ENERGY ADMINISTRATION" 
after the enacting clause and by adding at the end thereof the 
following: 
"PART B — O F F I C E OF ENERGY INFORMATION AND ANALYSIS 
15 use 790 note. 
15 use 761 note. 
ESTABLISHMENT or 
OFFICE OF ENERGY INFORMATION AND ANALYSIS 
"SEC. 51. (a)(1) There is established within the Federal Energy 
Administration an Office of Energy Information and Analysis (here-
inafter in this Act referred to as the 'Office') which shall be headed 
by a Director who shall be appointed by the President, by and with 
the advice and consent of the Senate. 
"(2) The Director shall be a person who, by reason of professional 
background and experience, is specially qualified to manage an energy 
information system. 
"(b) The Administrator shall delegate (which delegation may be 
on a nonexclusive basis as the Administrator may determine may be 
necessary to assure the faithful execution of his authorities and 
responsibilities under law) the authority vested in him under section 
11 of the Energy Supply and Environmental Coordination Act of 
1974 and section 13 of this Act and the Director may act in the name 
of the Administrator under section 12 of the Energy Supply and 
Environmental Coordination Act of 1974 and section 13 of this Act 
for the purpose of obtaining enforcement of the authorities dele-
gated to him. 
"(c) As used in this Act the term 'energy information' shall have 
the meaning described in section 11 of the Energy Supply and Envi-
ronmental Coordination Act of 1974. 
Director, 
appointment. 
15 use 790. 
15 use 796. 
15 use 772. 
15 use 797. 
"Energy 
information. 
"NATIONAL ENERGY INFORMATION SYSTEM 
"SEC. 52. (a) I t shall be the duty of the Director to establish a 
National Energy Information System (hereinafter referred to in this 
Act as the 'System'), which shall be operated and maintained by the 
Office. The System shall contain such information as is required to 
provide a description of and facilitate analysis of energy supply and 
Establishment. 
15 use 790a. 
89-194 O—78—pt. 1 
75 
90 STAT. 1136 
PUBLIC LAW 94-385—AUG. 14, 1976 
consumption within and affecting the United States on the basis of 
such geographic areas and economic sectors as may be appropriate to 
meet adequately the needs of— 
f
;
.
; , 
"(1) the Federal Energy Administration in carrying out its 
lawful functions; 
"(2) the Congress; and 
^ 
" (3) other officers and employees of the United States in whom 
have been vested, or to whom have been delegated, energy-related 
policy decisionmaking responsibilities. 
"(b) At a minimum, the System shall contain such energy informa-
tion as is necessary to carry out the Administration's statistical and 
forecasting activities, and shall include, at the earliest date and to 
the maximum extent practical subject to the resources available and 
the Director's ordering of those resources to meet the responsibilities 
of his Office, such energy information as is required to.define and 
permit analysis of— 
"(1) the institutional structure of the energy supply system 
including patterns of ownership and control of mineral fuel and 
nonmineral energy resources and the production, distribution, and 
marketing of mineral fuels and electricity; 
"(2) the consumption of mineral fuels, nonmineral energy 
resources, and electricity by such classes, sectors, and regions as 
may be appropriate for the purposes of this Act; 
"(3) the sensitivity of energy resource reserves, exploration, 
development, production, transportation, and consumption to eco-
nomic factors, environmental constraints, technological improve-
ments, and substitutability of alternate energy sources; 
"(4) the comparability of energy information and statistics 
that are supplied by different sources; 
"(5) industrial, labor, and regional impacts of changes in pat-
terns of energy supply and consumption; 
"(6) international aspects, economic and otherwise, of the 
evolving energy situation; and 
"(7) long-term relationships between energy supply and con-
sumption in the United States and world communities. 
"ADMINI8TRATI\rE PROVISIONS 
Compensation. 
"SEC. 53. (a) The Director of the Office shall receive compensation 
15 use 790b. 
at the rate now or hereafter prescribed for offices and positions at level 
IV of the Executive Schedule as specified in section 5315 of title 5, 
United States Code. 
"(b) To carry out the functions of the Office, the Director, on behalf 
of the Administrator, is authorized to appoint and fix the compensa-
tion of such professionally qualified employees as he deems necessary, 
including up to ten of the employees in grade GS-16, GS-17, or 
5 use 5332 note. GS-18 authorized by section 7 of this Act. 
15 use 766. 
«(c) The functions and powers of the Office shall be vested in or 
delegated to the Director, who may from time to time, and to the 
extent permitted by law, consistent with the purposes of this Act, 
delegate such of his functions as he deems appropriate. Such delega-
tion may be made, upon request, to any officer or agency of the Federal 
Government. 
"(d) (1) The Director shall be available to the Congress to provide 
testimony on such subjects under his authority and responsibility as 
the Congress may request, including but not limited to energy infor-
mation and analyses thereof. 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1137 
"(2) Any request for appropriations for the Federal Energy 
Administration submitted to the Congress shall identify the portion of 
such request intended for the support of the Office, and a statement 
of the differences, if any, between the amounts requested and the 
Director's assessment of the budgetary needs of the Office. 
(( 
ANALYTICAL CAPABILITY 
"SEC. 54. (a) The Director shall establish and maintain the scien- 15 USC 790c. 
tific, engineering, statistical, or other technical capability to perform 
analysis of energy information to— 
"(1) verify the accuracy of items of energy information sub-
mitted to the Director; and 
"(2) insure the coordination and comparability of the energy 
information in possession of the Office and other Federal agencies. 
"(b) The Director shall establish and maintain the professional 
and analytic capability to evaluate independently the adequacy and 
comprehensiveness of the energy information in possession of the 
Office and other agencies of the Federal Government in relation to the 
• 
purposes of this Act and for the performance of the analyses described 
in section 52 of this Act. Such analytic capability shall include— 
Ante, p. 1135. 
" (1) expertise in economics, finance, and accounting; 
"(2) the capability to evaluate estimates of reserves of mineral 
fuels and nonmineral energy resources utilizing alternative 
methodologies; 
"(3) the development and evaluation of energy flow and 
accounting models describing the production, distribution, and 
consumption of energy by the various sectors of the economy and 
lines of commerce in the energy industry; 
i 
"(4) the development and evaluation of alternative forecasting 
models describing the short- and long-term relationships between 
energy supply and consumption and appropriate variables; and 
"(5) such other capabilities as the Director deems necessary 
to achieve the purposes of this Act. 
a 
PROFESSIONAL AUDIT REVIEW OF PERFORMANCE OF OFFICE 
"SEC. 55. (a) The procedures and methodology of the Office shall 15 USC 790cl. 
be subject to a thorough annual performance audit review. Such Report to 
review shall be conducted by a Professional Audit Review Team which President and 
shall prepare a report describing its investigation and reporting its Congress, 
findings to the President and to the Congress. 
"(b) The Professional Audit Review Team shall consist of at least 
seven professionally qualified persons who shall be officers or employ-
ees of the United States and of whom at least— 
"one shall be designated by the Chairman of the Council of 
Economic Advisers; 
"one shall be designated by the Commissioner of Labor 
Statistics; 
"one shall be designated by the Administrator of Social and 
Economic Statistics; 
"one shall be desi^ated by the Chairman of the Securities and 
Exchange Commission; 
"one snail be designated by the Chairman of the Federal Trade 
Commission; 
"one shall be designated by the Chairman of the Federal Power 
Commission; and 
"one, who shall be the Chairman of the Professional Audit 
90 STAT. 1138 
PUBLIC LAW 94-385—AUG. 14, 1976 
Review Team, shall be designated by the Comptroller General. 
Cooperation. 
"(c) The Director and the Administrator shall cooperate fully with 
the Professional Audit Review Team and notwithstanding any other 
provisions of law shall make available to the Team such data, informa-
tion, documents, and services as the Team determines are necessary for 
successful completion of its performance audit review. 
Penalty, 
" (d) Except as authorized by law, any person who— 
"(1) obtains, in the course of exercising the functions of the 
Professional Audit Review Team, information which constitutes 
a trade secret or confidential commercial information, the dis-
closure of which could result in significant competitive injury to 
the person to which such information relates; and 
" (2) willfully discloses such information; 
shall be fined not more than $40,000, or imprisoned not more than one 
year, or both. 
15 u s e 790e. 
Report to 
Congress, 
transmittal to 
President. 
42 use 5818. 
"COORDINATION OF ENERGY INFORMATION ACTIVITIES 
"SEC. 56. (a) In carrying out the purposes of this Act the Director 
shall, as he deems appropriate, review the energy information gather-
ing activities of Federal agencies with a view toward avoiding dupli-
cation of effort and minimizing the compliance burden on business 
enterprises and other persons. 
"(b) In exercising his responsibilities under subsection (a) of this 
section, the Director shall recommend policies which, to the greatest 
extent practicable— 
(1) provide adequately for the energy information needs of 
the various departments and agencies of the Federal Government, 
the Congress, and the public; 
"(2) minimize the burden of reporting energy information on 
businesses, other persons, and especially small businesses; 
"(3) reduce the cost to Government of obtaining information; 
and 
"(4) utilize files of information and existing facilities of 
established Federal agencies. 
"(c)(1) At the earliest practicable date after the date of enactment 
of this section, each Federal agency which is engaged in the gathering 
of energy information as a part of an established program, function, 
or other activity shall promptly provide the Administrator with a 
I'eport on energy information which— 
"(A) identifies the statutory authority upon which the energy 
information collection activities of such agency is based; 
"(B) lists and describes the energy information needs and 
requirements of such agency; and 
"(C) lists and describes the categories, definitions, levels of 
detail, and frequency of collection of the energy information col-
lected by such agency. 
Such agencies shall cooperate with the Administrator and provide such 
other descriptive information with respect to energy information 
activities as the Administrator may rex|uest. The Administrator shall 
prepare a report on his activities under this subsection, which report 
shall include recommendations with respect to the coordination of 
energy information activities of the Federal Government. Such report 
shall be available to the Congress and shall be transmitted to the Presi-
dent and to the Energy Resources Council for use in preparation of 
the plan required under subsection (c) of section 108 of the Energy 
Reorganization Act of 1974. 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1139 
u 
REPORTS 
"SEC. 57. (a) The Director shall make periodic reports and may make 
special reports to the Congress and the public, including but not limited 
to— 
"(1) such reports as the Director determines are necessary to 
provide a comprehensive picture of the quarterly, monthly, and, as 
appropriate, weekly supply and consumption of the various non-
mineral energy resources, mineral fuels, and electricity in the 
United States; the information reported may be organized by 
company, by States, by regions, or by such other producing and 
consuming sectors, or combinations thereof, and shall be accom-
panied by an appropriate discussion of the evolution of the energy 
supply and consumption situation and such national and interna-
tional trends and their effects as the Director may find to be signifi-
cant; and 
"(2) an annual report which includes, but is not limited to, a 
description of the activities of the Office and the National Energy 
Information System during the preceding year; a summary of all 
special reports published during the preceding year; a summary 
of statistical information collected during the preceding year; 
short-, medium-, and long-term energy consumption and supply 
trends and forecasts under various assumptions; and, to the maxi-
mum extent practicable, a summary or schedule of the amounts of 
mineral fuel resources, nonmineral energy resources, and mineral 
fuels that can be brought to market at various prices and tech-
nologies and their relationship to forecasted demands. 
"(b) (1) The Director, on behalf of the Administrator, shall insure 
that adequate documentation for all statistical and forecast reports 
prepared by the Director is made available to the public at the time of 
publication of such reports. The Director shall periodically audit and 
validate analytical methodologies employed in the preparation of 
periodic statistical and forecast reports. 
"(2) The Director shall, on a regular basis, make available to the 
public information which contains validation and audits of periodic 
^atisitical and forecast reports. 
" (c) Prior to publication, the Director may not be required to obtain 
the approval of any other officer or employee of the United States with 
respect to the substance of any statistical or forecasting technical 
reports which he has prepared in accordance with law. 
Reports to 
Congress. 
15 use 790f. 
Information, 
availability to 
public. 
'ENERGY INFORMATION IN POSSESSION OE OTHER FEDERAL AGENCIES 
"SEC. 58. (a) In furtherance and not in limitation of any other 
authority, the Director, on behalf of the Administrator, shall have 
access to energy information in the possession of any Federal agency 
except information— 
"(1) the disclosure of which to another Federal agency is 
expressly prohibited by law; or 
" (2) the disclosure of which the agency so requested determines 
would significantly impair the discharge of authorities and 
responsibilities w^hich have been delegated to, or vested by law, in 
such agency. 
"(b) In the event that energy information in the possession of 
another Federal agency which is required to achieve the purposes of 
this Act is denied the Director or the Administrator pursuant to para-
graph (1) or paragraph (2) of subsection (a) of this section, the 
15 use 790g. 
90 STAT. 1140 
PUBLIC LAW 94-385—AUG. 14, 1976 
Administrator, or the Director, on behalf of the Administrator, shall 
take appropriate action, pursuant to authority granted by law, to 
obtain said information from the original sources or a suitable alter-
nate source. Such source shall be notified of the reason for this request 
for information. 
« 
CONGRESSIONAL ACCESS TO INFORMATION I N POSSESSION OF THE OFFICE 
15 use 790h. 
"SEC. 59. The Director shall promptly provide upon request any 
energy information in the possession of the Office to any duly estab-
lished committee of the Congress. Such information shall be deemed 
the property of such committee and may not be disclosed except in 
accordance with the rules of such committee and the Rules of the 
House of Representatives or the Senate and as permitted by law.". 
EFFECTIVE DATE 
15 use 790 note. 
SEC. 143. The amendments made by this part C to the Federal 
15 use 761 note. Energy Administration Act of 1974 shall take effect 150 days after 
the date of enactment of this Act, except that section 56(c) of the 
Ante, p. 1138. 
Federal Energy Administration Act of 1974 (as added by this part) 
shall take effect on the date of enactment of this Act. 
PART D—AMENDMENTS TO OTIJER ENERGY-RELATED LAW 
APPLIANCE 
P R O G R A M 
SEC. 161. (a) Section 325(a)(1)(A) of the Energy Policy and 
42 use 6295. 
Conservation Act is amended to read as follows: 
"(a)(1)(A) The Administrator shall direct the National Bureau 
of Standards to develop an energy efficiency improvement target for 
each type of covered product specified in paragraphs (1) through (10) 
42 use 6292. 
of section 322(a). Not later than 90 days after the date of enactment 
Rule- 
of the Energy Conservation and Production Act, the Administrator 
shall, by rule, prescribe an energy efficiency improvement target for 
each such type of covered product.". 
(b) Section 325(a) (2) of such Act is amended by striking out the 
first sentence and inserting in lieu thereof the following: 
"(2) The Administrator shall direct the National Bureau of 
/ 
Standards to develop an energy efficiency improvement target for each 
type of covered product specified in paragraphs (11), (12), and (13) 
Rule. 
of section 322(a). Not later than one year after the date of enactment 
of this Act, the Administrator shall, by rule, prescribe an energy 
. 
efficiency improvement target for each such type of product.". 
ENERGY RESOURCES COUNCIL REPORTS 
SEC. 162. (a) Section 108(b) of the Energy Reorganization Act of 
42 use 5818. 
1974 is amended— 
(1) by striking out "and" at the end of paragraph (2); 
(2) by striking out the period at the end thereof and inserting 
in lieu thereof a semicolon; and 
^ 3) by adding at the end thereof the following new paragraphs: 
Report to 
" (4) prepare a report on national energy conservation activities 
President and 
which shall be submitted to the President and the Congress 
eongress. 
annually, beginning on July 1,1977, and which shall include— 
"(A) a review of all Federal energy conservation expendi-
tures and activities, the purpose of each such activity, the 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1141 
relation of the activity to national conservation targets and 
plans, and the success of the activity and the plans for the 
activity in future years; 
"(B) an analysis of all conservation targets established for 
industry, residential, transportation, and public sectors of 
the economy, whether the targets can be achieved or whether 
they can be further improved, and the progress toward their 
achievement in the past year; 
"(C) a review of the progress made pursuant to the State 
energy conservation plans under sections 361 through 366 
of the Energy Policy and Conservation Act and other similar 
efforts at the State and local level, and whether further 
conservation can be carried on by the States or by local gov-
ernments, and whether further Federal assistance is required; 
"(D) a review of the principal conservation efforts in the 
private sector, the potential for more widespread implementa-
tion of such efforts and the Federal Government's efforts to 
promote more widespread use of private energy conservation 
initiatives; and 
"(E) an assessment of whether existing conservation tar-
gets and goals are sufficient to bridge the gap between 
domestic energy production capacity and domestic energy 
needs, whether additional incentives or programs are neces-
sary or useful to close that gap further, and a discussion of 
what mandatory measures might be useful to further bring 
domestic demand into harmony with domestic supply. 
The Chairman of the Energy Resources Council shall coordinate 
the preparation of the report required under paragraph (5).". 
(b) Section 108 of the Energy Reorganization Act of 1974 is 
amended— 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(2) by adding after subsection (b) the following new sub-
section : 
"(c) The President, through the Energy Resources Council, shall— 
"(1) prepare a plan for the reorganization of the Federal Gov-
ernment's activities in energy and natural resources, including, 
but not limited to, a study of— 
"(A) the principal laws and directives that constitute the 
energy and natural resource policy of the United States; 
"(B) prospects of developing a consolidated national 
energy policy; 
"(C) the major problems and issues of existing energy 
and natural resource organizations; 
"(D) the options for Federal energy and natural resource 
organizations; 
"(E) an overview of available resources pertinent to 
energy and natural resource organization; 
"(F) recent proposals for a national energy and natural 
resource policy for the United States; and 
"(G) the relationship between energy policy goals and 
other national obj 
ectives; 
"(2) submit to Congress— 
"(A) no later than December 31, 1976, the plan prepared 
pursuant to subsection (c) (1) and a report containing his 
recommendations for the reorganization of the Federal Gov-
ernment's responsibility for energy and natural resource 
42 use 
6321-6326. 
42 use 5818. 
Energy and 
natural resources 
activities, plan. 
Recommenda-
tions, submittal to 
Congress. 
90 STAT. 1142 
PUBLIC LAW 94-385—AUG. 14, 1976 
Ante, p. 1141. 
42 u s e 5818. 
matters together with such proposed legislation as he deems 
necessary or appropriate for the implementation of such 
plans or recommendations; and 
"(B) not later than April 15, 1977, such revisions to the 
plan and report described in subparagraph (A) of this para-
graph as he may consider appropriate; and 
"(3) provide interim and transitional policy planning for 
energy and natural resource matters in the Federal Government.". 
EXTENSION OF ENERGY RESOURCES COUNCIL 
SEC. 163. Section 108(e) of the Energy Reorganization Act of 1974, 
as redesignated by subsection (b) (1) of this section, is amended by 
striking out "two years after such effective date," and inserting in lieu 
thereof "not later than September 30,1977,". 
42 use 6211. 
"Developing new 
underground coal 
mine." 
DEVELOPMENT OF UNDERGROUND COAL MINES 
SEC. 164. Section 102 of the Energy Policy and Conservation Act is 
amended by adding at the end of subsection (c) the following new 
paragraph: 
"(4) The term 'developing new underground coal mine' includes 
expansion of any existing underground coal mine in a manner 
designed to increase the rate of j)roduction of such mine, and the 
reopening of any underground coal mine which had previously 
been closed.". 
TITLE II—ELECTRIC UTILITY RATE DESIGN 
INITIATIVES 
42 use 6801. 
Proposals, 
transmittal to 
eongress. 
42 use 6802. 
FINDINGS 
SEC. 201. (a) The Congress finds that improvement in electric utility 
rate design has great potential for reducing the cost of electric utility 
services to consumers and current and projected shortages of capital, 
and for encouraging energy conservation and better use of existing 
electrical generating facilities. 
(b) It is the purpose of this title to require the Federal Energy 
Administration to develop proposals for improvement of electric util-
ity rate design and transmit such proposals to Congress; to fund elec-
tric utility rate demonstration projects; to inter\ene or participate, 
upon request, in the proceedings of utility regulatory commissions; 
and to provide financial assistance to State offices of consumer services 
to 
facilitate 
presentation 
of 
consumer 
interests before 
such 
commissions. 
DEFINITIONS 
SEC 202. As used in thii! title: 
(1) The term "Administrator" means the Administrator of 
the Federal Energy Administration; except that after such 
Administration ceases to exist, such term means any officer of 
the United States designated by the President for purposes of this 
title. 
(2) The term "electric utility" means any person, State agency, 
or Federal agency which sells electric energy. 
(3) The term "Federal agency" means any agency or instru-
mentality of the United States. 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1143 
(4) The term "State agency" means a State, political subdi-
vision thereof, or any agency or instrumentality of either. 
(5) The term "State utility regulatory commission" means 
= 
. 
(A) any utility regulatory commission which is a State agency 
or (B) the Tennessee Valley Authority. 
(6) The term "State" means any State, the District of 
Columbia, Puerto Rico, and any territory or possession of the 
United States. 
(7) The term "utility regulatory commission" means any State 
agency or Federal agency which has authority to fix, modify, 
approve, or disapprove rates for the sale of electric energy by 
any electric utility (other than by such agency). 
ELECTRIC UTILITY RATE DESIGN PROPOSALS 
SEC. 203. (a) The Administrator shall develop proposals to improve 42 USC 6803. 
electric utility rate design. Such proposals shall be designed to encour-
age energy conservation, minimize the need for new electrical generat-
ing 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 technic^ues 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 elec-
tric utility system reliability and reliability of major items of 
electric utility equipment. 
(b) The proposals prepared under subsection (a) shall be trans- Transmittal to 
mitted to each House of Congress not later than 6 months after the Congress, 
date of enactment of this Act, for review and for such further action 
as the Congress may direct by law. Such proposals shall be accom-
panied 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 gen- 
-- - -"' 
crating 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. 
R A T E DESIGN INNOVATION AND FEDERAL ENERGY ADMINISTRATION 
INTERVENTION 
f 
, 
s 
SEC. 204. The Administrator may— 
42 USC 6804. 
(1) fund 
(A) demonstration projects to improve electric 
utility load management procedures and (B) regulatory rate 
reform initiatives, 
(2) on request of a State, a utility regulatory commission, or 
_ 
,. 
of any participant in any proceeding before a State utility regu-
latory commission which relates to electric utility rates or rate 
design, intervene and participate in such proceeding, and 
(3) on request of any State, utility regulatory commission, or 
'' 
party to any action to obtain judicial review of an administrative 
proceeding in which the Administrator intervened or participated 
under paragraph (2), intervene and participate in such action. 
90 STAT. 1144 
PUBLIC LAW 94-385—AUG. 14, 1976 
42 use 6805. 
Report to 
Congress. 
42 use 6806. 
GRANTS FOR OFFICES OF CONSUMER SERVICES 
SEC. 205. (a) The Administrator 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 pro-
vided only for an office of consumer services which is operated inde-
pendently 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 pursuant to subsection (a) of this section shall be made 
only to States which furnish such assurances as the Administrator 
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) 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. 
REPORTS 
SEC. 206. Not later than the last day in December in each year, 
the Administrator shall transmit to the Congress a report with respect 
to activities conducted under this title and recommendations as to 
the need for and types of further Federal legislation. 
AUTHORIZATIONS OF APPROPRIATIONS 
42 use 6807. 
SEC. 207. (a) There are authorized to be appropriated to carry out 
this title (other than section 205) for the period beginning July 1, 
1976, and ending September 30, 1977, not to exceed $13,056,000, of 
which not more than $1,000,000 may be assigned for purposes of 
section 204 (2) and (3). 
(b) There are authorized to be appropriated to carry out section 
205 for such period not to exceed $2,000,000. 
TITLE III—ENERGY CONSERVATION STANDARDS FOR 
NEW BUILDINGS 
SHORT TITLE 
SEC. 301. This title may be cited as the "Energy Conservation 
Standards for New Buildings Act of 1976". 
FINDINGS AND PURPOSES 
42 use 6831. 
SEC. 302. (a) The Congress finds that— 
(1) large amounts of fuel and energy are consumed unneces-
sarily each year in heating, cooling, ventilating, and providing 
domestic hot water for newly constructed residential and corn-
Energy 
eonservation 
Standards for 
New Buildings 
Act of 1976. 
42 use 6831 
note. 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1145 
mercial buildings because such buildings lack adequate energy 
conservation features; 
(2) Federal performance standards for newly constructed 
buildings can prevent such waste of energy, which the Nation can 
no longer afford in view of its current and anticipated energy 
shortage; 
(3) the failure to provide adequate energy conservation meas-
ures in newly constructed buildings increases long-term operat-
ing costs that may affect adversely the repayment of, and security 
for, loans made, insured, or guaranteed by Federal agencies or 
made by federally insured or regulated instrumentalities; and 
(4) State and local building codes or similar controls can 
provide an existing means by which to assure, in coordination 
with other building requirements and with a minimum of Federal 
interference in State and local transactions, that newly constructed 
: < ; 
buildings contain adequate energy conservation features. 
(b) The purposes of this title, therefore, are to— 
(1) redirect Federal policies and practices to assure that rea-
sonable energy conservation features will be incorporated into 
new commercial and residential buildings receiving Federal finan-
cial assistance; 
(2) provide for the development and implementation, as soon 
as practicable, of performance standards for new residential and 
commercial buildings which are designed to achieve the maxi-
mum practicable improvements in energy efficiency and increases 
in the use of nondepletable sources of energy; and 
(3) encourage States and local governments to adopt and 
enforce such standards through their existing building codes and 
other construction control mechanisms, or to apply them through 
a special approval process. 
DEFINITIONS 
SEC. 303. As used in this title: 
42 USC 6832. 
(1) The term "Administrator" means the Administrator of the 
Federal Energy Administration; except that after such Admin-
istration ceases to exist, such term means any officer of the United 
States designated by the President for purposes of this title. 
(2) The term "building" means any structure to be constructed 
which includes provision for a heating or cooling system, or both, 
or for a hot water system. 
(3) The term "building code" means a legal instrument which 
is in effect in a State or unit of general purpose local government, 
the provisions of which must be adhered to if a building is to be 
considered to be in conformance with law and suitable for occu- 
; 
pancy and use. 
(4) The term "commercial building" means any building other 
than a residential building, including any building developed for 
industrial or public purposes. 
(5) The term "Federal agency" means any department, agency, 
; 
corporation, or other entity or instrumentality of the executive 
branch of the Federal Government, including the United States 
Postal Service, the Federal National Mortgage Association, and 
the Federal Home Loan Mortgage Corporation. 
^ 
(6) The term "Federal building" means any building to be 
constructed by, or for the use of, any Federal agency which is 
not legally subject to State or local building codes or similar 
requirements. 
90 STAT. 1146 
PUBLIC LAW 94-385—AUG. 14, 1976 
(7) The term "Federal financial assistance" means (A) any 
form of loan, grant, guarantee, insurance, payment, rebate, sub-
sidy, or any other form of direct or indirect Federal assistance 
(other than general or special revenue sharing or formula grants 
made to States) approved by any Federal officer or agency; or 
(B) any loan made or purchased by any bank, savings and loan 
association, or similar institution subject to regulation by the 
Board of Governors of the Federal Reserve System, the Federal 
Deposit Insurance Corporation, the Comptroller of the Currency, 
the Federal Home Loan Bank Board, the Federal Savings and 
Loan Insurance Corporation, or the National Credit Union 
Administration. 
I 
(8) The term "National Institute of Building Sciences" means 
the institute established by section 809 of the Housing and Com-
12 use 1701J-2. 
munity Development Act of 1974. 
(9) The term "performance standards" means an energy con-
sumption goal or goals to be met without specification of the 
methods, materials, and processes to be employed in achieving 
that goal or goals, but including statements of the requirements, 
criteria and evaluation methods to be used, and any necessary 
commentary. 
(10) The term "residential building" means any structure 
which is constructed and developed for residential occupancy. 
(11) The term "Secretary" means the Secretary of Housing 
and Urban Development. 
(12) The term "State" includes each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, and 
any territory and possession of the United States. 
(13) The term "unit of general purpose local government" 
means any city, county, town, municipality, or other political 
subdivision of a State (or any combination thereof), which has 
a building code or similar authority over a particular geographic 
area. 
Publication in 
Federal Register. 
42 use 6833. 
Publication in 
Federal Register. 
PROMULGATION OF ENERGY CONSERVATION PERFORMANCE STANDARDS FOR 
NEW BUILDINGS 
SEC. 304. (a) (1) As soon as practicable, but in no event later than 
3 years after the date of enactment of this title, the Secretary, only 
after consultation with the Administrator, the Secretary of Commerce 
utilizing the services of the Director of the National Bureau of Stand-
ards, and the Administrator of the General Services Administration, 
shall develop and publish in the Federal Register for public comment 
proposed performance standards for new commercial buildings. Final 
performance standards shall be promulgated within 6 months after the 
date of publication of the proposed standards, and shall become effec-
tive within a reasonable time, not, to exceed 1 year after the date of 
promulgation, as specified by the Secretar}\ 
(2) As soon as practicable, but in no event later than 3 years after 
the date of enactment of this title, the Secretary, only after consulta-
tion with the Administrator and the Secretary of Commerce utilizing 
the services of the Director of the National Bureau of Standards, shall 
develop and publish in the Federal Register for public comment pro-
posed performance standards for new residential buildings. Final 
performance standards for such buildings shall be promulgated within 
6 months after the date of publication of the proposed standards, and 
shall become effective within a reasonable time, not to exceed 1 year 
after the date of promulgation, as specified by the Secretary. 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1147 
Consultation. 
Review. 
Extension. 
(3) In the development of performance standards, the Secretary 
shall utilize the services of the National Institute of Building 
Sciences, under appropriate contractual arrangements. 
(b) All performance standards promulgated pursuant to subsection 
(a) shall take account of, and make such allowance or particular 
exception as the Secretary determines appropriate for, climatic varia-
tions among the different regions of the country. 
(c) The Secretary, in consultation with the Administrator, the 
Secretary of Commerce, the Administrator of the General Services 
Administration, and the heads of other appropriate Federal agen-
cies, and the National Institute of Building Sciences, shall periodically 
review and provide for the updating of performance standards promul-
gated pursuant to subsection (a). 
(d) The Secretary, if he finds that the dates otherwise specified 
in this section for publication of proposed, or for promulgation of 
final, performance standards under subsection (a) (1) or (a) (2) cannot 
practicably be met, may extend the time for such publication or 
promulgation, but no such extension shall result in a delay of more 
than 6 months in promulgation. 
APPLICATION OP ENERGY CONSERVATION PERFORMANCE STANDARDS FOR 
NEW 
BUILDINGS 
SEC. 305. (a) Subject to the provisions of subsection (c) and after 
42 USC 6834. 
the effective date of final performance standards for new commercial 
and residential buildings pursuant to section 304(a), no Federal 
financial assistance shall be made available or approved with respect 
to the construction of any new commercial or residential building in 
any area of any State, unless— 
(1) such State has certified, in accordance with regulations Certification, 
of the Secretary, that— 
(A) the unit of general purpose local government which 
has jurisdiction over such area has adopted and is imple-
menting a building code, or other construction control mech-
anism, which meets or exceeds the requirements of such final 
performance standards, or 
(B) such State has adopted and is implementing, on a 
statewide basis or with respect to such area, a building code 
or other laws or regulations which provide for the effective 
application of such final performance standards; 
(2) such new building has been determined, pursuant to any 
applicable approval process described in subsection (b), to be in 
compliance with such final performance standards; or 
(3) such new building is to be located in any area in which 
the construction of new buildings is not of a magnitude to war-
rant the costs of implementing final performance standards, as 
determined by the Secretary after receiving a request for such 
a determination (and material justifying such request) from the 
;.'. 
State in which the area is located; except that the Secretary may 
rescind such a determination whenever the Secretary finds that 
the amount of construction of new buildings has increased in 
such area to an extent that such costs are warranted. 
The Secretary shall review and conduct such investigations as are Investigations, 
deemed necessary to determine the accuracy of such certifications and 
shall provide for the periodic updating thereof. The Secretary may Notice and 
reject, disapprove, or require the withdrawal of any such certification hearing, 
after notice to such State and an opportunity for a hearing. 
90 STAT. 1148 
PUBLIC LAW 94-385—AUG. 14, 1976 
"Approval 
process." 
Administration. 
Transmittal to 
Congress. 
42 use 6422. 
(b) (1) The provisions of this subsection shall not apply to any 
area subject to the jurisdiction of a unit of general purpose local 
government or of a State described in subsection ('a)(l), and the 
provisions of this subsection and the approval process applicable 
under this subsection shall cease to apply to any area at such time as 
the Secretary receives a certification under subsection (a) (1) with 
respect to such area. 
(2) The Secretary shall have overall responsibility for the effective 
application of the applicable approval process described in this sub-
section in any area not exempted therefrom pursuant to para-
graph (1). 
(3) As used in this section, the term "approval process" means a 
mechanism and procedure for the consideration and approval of an 
application to construct a new building and which involves (A) deter-
mining whether such proposed building would be in compliance with 
the final performance standards for new buildings promulgated under 
section 304, and (B) administration by the level and agency of gov-
ernment specified by the Secretary pursuant to paragraph (4). 
(4) The level and agency of government which shall administer the 
approval process described in this subsection is— 
(A) first, the agency which grants building permits on behalf 
of the unit of general purpose local government which has juris-
diction over the area in which new construction is proposed, if 
such agency is willing and able to administer such approval 
process; 
(B) second, if the agency described in subparagraph (A) is not 
willing and able to administer such approval process, any other 
agency of the unit of general purpose local government described 
in such paragraph which has authority to administer such 
approval process, if such agency is willing and able to administer 
such approval process; and 
(C) third, if no agency described in subparagraphs (A) and 
(B) is willing and able to administer such approval process, any 
agency of the State in which new construction is proposed which 
has authority to administer such approval process, if such agency 
is willing and able to administer such approval process. 
(c) The President shall transmit the final performance standards for 
new buildings to both Houses of Congress upon the date of promulga-
tion of such standards pursuant to section 304(a), for review by the 
Congress under this subsection to determine whether the sanction set 
forth in the introductory clause to subsection (a) is necessary and 
appropriate to assure that such standards are in fact applied to all new 
buildings. Such sanction shall be deemed approved as necessary for 
such purpose (and shall thereafter be enforced, directly and indirectly, 
by each applicable person and governmental entity) if the use of such 
sanction is approved by a resolution of each House of Congress in 
accordance with the procedures specified in section 552 of the Energy 
Policy and Conservation Act; except that for purposes of this section 
the 60 calendar days described in section 552(b) and (c) (2) of such 
Act shall be lengthened to 90 calendar days. 
FEDERAL 
BUILDINGS 
42 use 6835. 
SEC. 306. The head of each Federal agency responsible for the con-
struction of any Federal building shall adopt such procedures as may 
be necessary to assure that any such construction meets or exceeds the 
applicable final performance standards promulgated pursuant to this 
title. 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1149 
GRANTS 
SEC. 307. (a) The Secretary may make grants to States and units of 
42 USC 6836. 
general purpose local government to assist them in meeting the costs of 
adopting and implementing performance standards or of administer-
ing State certification procedures or any applicable approval process 
to carry out the provisions of section 305. 
(b) There is authorized to be appropriated for the purpose of carry-
ing out this section, not to exceed $5,000,000 for the fiscal year ending 
September 30, 1977. Any amount appropriated pursuant to this sub-
section shall remain available until expended. 
Appropriation 
authorization. 
TECHNICAL 
ASSISTANCE 
SEC. 308. The Secretary (directly, by contract, or otherwise) may 
provide technical assistance to States and units of general purpose 
local government to assist them in meeting the requirements of this 
title. 
42 USC 6837. 
CONSULTATION WITH INTERESTED AND AFFECTED GROUPS 
SEC. 309. In developing and promulgating performance standards 
and carrying out other functions under this title, the Secretary shall 
consult with appropriate representatives of the building community 
(including representatives of labor and the construction industry, 
engineers, and architects), with appropriate public officials and 
organizations of public officials, and with representatives of consumer 
groups. For purposes of such consultation, the Secretary shall, to the 
extent practicable, make use of the National Institute of Building 
Sciences. The Secretary may also establish one or more advisory com-
mittees as may be appropriate. Any advisory committee or committees 
established pursuant to this section shall be subject to the provisions 
of the Federal Advisory Committee Act. 
42 USC 6838. 
Advisory 
committees, 
establishment. 
5 USC app. 1. 
SUPPORT ACTIVITIES 
SEC. 310. The Secretary, in cooperation with the Administrator, the 
Secretary of Commerce utilizing the services of the Director of the 
National Bureau of Standards, and the heads of other appropriate 
Federal agencies, and the National Institute of Building Sciences, 
shall carry out any activities which the Secretary determines may be 
necessary or appropriate to assist in the development of performance 
standards under section 304(a) and to facilitate the implementation 
of such standards by State and local governments. Such activities 
shall be designed to assure that such standards are adequately analyzed 
in terms of energy efficiency, stimulation of use of nondepletable 
sources of energy, institutional resources, habitability, economic cost 
and benefit, and impact upon affected groups. 
42 USC 6839. 
MONITORING OF STATE AND LOCAL ADOPTION OF ENERGY CONSERVATION 
STANDARDS FOR BUILDINGS 
SEC 311. The Secretary, with the advice and assistance of the 42 USC 6840. 
National Institute of Building Sciences, shall— 
(1) monitor the progress made by the States and their political 
subdivisions in adopting and enforcing energy conservation 
standards for new buildings; 
(2) identify any procedural obstacles or technical constraints 
inhibiting implementation of such standards; 
90 STAT. 1150 
PUBLIC LAW 94-385—AUG. 14, 1976 
(3) evaluate the effectiveness of such prevailing standards; 
and 
Report to 
(4) within 12 months after the date of enactment of this title, 
Congress. 
and semiannually thereafter, report to the Congress on (A) the 
progress of the States and units of general purpose local govern-
ment in adopting and implementing energy conservation stand-
ards for new buildings, and (B) the effectivensss of such 
standards. 
Energy 
TITLE IV—ENERGY CONSERVATION AND RENEWABLE-
Conservation in 
RESOURCE ASSISTANCE FOR EXISTING BUILDINGS 
Lxistmg 
Buildings Act of 
jgyg " 
S
H
O
R
T TITI/E 
42 use 6851 
SEC. 401. This title may be cited as the "Energy Conservation in 
note. 
Existing Buildings Act of 1976". 
FINDINGS AND PURPOSE 
42 use 6851. 
SEC. 402. (a) The Congress finds that— 
' 
(1) the fastest, most cost-effective, and most environmentally 
sound way to prevent future energy shortages in the United 
States, while reducing the Nation's dependence on imported 
energy supplies, is to encourage and facilitate, through major 
programs, the implementation of energy conservation and renew-
able-resource energy measures with respect to dwelling units, non-
residential buildings, and industrial plants; 
; 
(2) current efforts to encourage and facilitate such measures 
are inadequate as a consequence of— 
(A) a lack of adequate and available financing for such 
measures, particularly with respect to individual consumers 
; . jc|e fctj c 
and owners of small businesses; 
(B) a shortage of reliable and impartial information and 
advisory services pertaining to practicable energy conserva-
. 
. 
tion measures and renewable-resource energy measures and 
'
*
^
- 
' 
the cost savings that are likely if they are implemented in 
' 
such units, buildings, and plants; and 
(C) the absence of organized programs which, if they 
existed, would enable consumers, especially individuals and 
owners of small businesses, to undertake such measures easily 
and with confidence in their economic value; 
(3) major programs of financial incentives and assistance for 
energy conservation measures and renewable-resource energy 
measures in dwelling units, nonresidential buildings, and indus-
trial plants would— 
(A) significantly reduce the Nation's demand for energy 
and the need for petroleum imports; 
(B) cushion the adverse impact of the high price of energy 
supplies on consumers, particularlv elderly and handicapped 
low-income persons who cannot afford to make the modifica-
^^^ 
tions necessary to reduce their residential energy use; and 
jfl,f>«l •; -> 
^Q^ increase, directly and indirectly, job opportunities and 
national economic output; 
(4) the primary responsibility for the implementation of such 
major programs should be lodged with the governments of the 
States; the diversity of conditions among the various States and 
regions of the Nation is sufficiently great that a wholly federally 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1151 
administered program would not be as effective as one which is 
tailored to meet local requirements and to respond to local oppor-
tunities ; the State should be allowed flexibility within which to 
fashion such programs, subject to general Federal guidelines and 
monitoring sufficient to protect the financial investments of con-
sumers and the financial interest of the United States and to 
insure that the measures undertaken in fact result in significant 
energy and cost savings which would probably not otherwise 
occur; 
(5) to the extent that direct Federal administration is more 
economical and efficient, direct Federal financial incentives and 
assistance should be extended through existing and proven Fed-
eral programs rather than through new programs that would 
necessitate new and separate administrative bureaucracies; and 
(6) such programs should be designed and administered to 
supplement, and not to supplant or in any other way conflict with, 
State energy conservation programs under part C of title III of 
the Energy Policy and Conservation Act; the emergency energy 
42 USC 6341. 
conservation program carried out by community action agencies 
pursuant to section 222(a) (12) of the Economic Opportunity 
Act of 1964; and other forms of assistance and encouragement for 
42 USC 2809. 
energy conservation, 
(b) It is, therefore, the purpose of this title to encourage and facili-
tate the implementation of energy conservation measures and renew- 
,., , 
able-resource energy measures in dwelling units, nonresidential 
buildings, and industrial plants, through— 
(1) supplemental State energy conservation plans; and 
(2) Federal financial incentives and assistance. 
PART A—WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS 
FINDINGS AND PURPOSE 
SEC. 411. (a) The Congress finds that— 
42 USC 6861. 
(1) dwellings owned or occupied by low-income persons fre-
quently are inadequately insulated; 
(2) low-income persons, particularly elderly and handicapped 
low-income persons, can least afford to make the modifications 
, 
necessary to provide for adequate insulation in such dwellings 
and to otherAvise reduce residential energy use; 
(3) weatherization of such dwellings would lower utility 
expenses for such low-income owners or occupants as well as save 
thousands of barrels per day of needed fuel; and 
(4) States, through community action agencies established 
under the Economic Opportunity Act of 1964 and units of general 42 USC 2701 
purpose local government, should be encouraged, with Federal 
note, 
financial and technical assistance, to develop and support coor-
dinated weatherization programs designed to ameliorate the 
adverse effects of high energy costs on such low-income persons, 
to supplement other Federal programs serving such persons, 
and to conserve energy, 
(b) It is, therefore, the purpose of this part to develop and imple-
ment a supplementary weatherization assistance program to assist in 
achieving a prescribed level of insulation in the dwellings of low-
income persons, particularly elderly and handicapped low-income 
persons, in order both to aid those persons least able to afford higher 
utility costs and to conserve needed energy. 
89-194 O—78—pt. 1 
76 
90 STAT. 1152 
PUBLIC LAW 94-385—AUG. 14, 1976 
42 use 6862. 
29 use 706. 
42 use 1382c, 
423. 
42 ilSe 6001. 
42 use 3002. 
42 use 601, 
1381. 
DEFINITIONS 
SEC. 412. As used in this part: 
(1) The term "Administrator" means the Administrator of the 
Federal Energy Administration; except that after such Admin-
istration ceases to exist, such term means any officer of the United 
States designated by the President for purposes of this part. 
(2) The term "Director" means the Director of the Community 
Services Administration. 
(3) The term "elderly" means any individual who is 60 years 
of age or older. 
(4) The term "Governor" means the chief executive officer of 
a State (including the Mayor of the District of Columbia). 
(5) The term "handicapped person" means any individual (A) 
who is a handicapped individual as defined in section 7(6) of 
the Rehabilitation Act of 1973, (B) who is under a disability as 
defined in section 1614 (a)(3)(A) or 223(d)(1) of the Social 
Security Act or in section 102(7) of the Developmental Disabili-
ties Services and Facilities Construction Act, or (C) who is 
receiving benefits under chapter 11 or 15 of title 38, United States 
Code. 
(6) The terms "Indian", "Indian tribe", and "tribal organi-
zation" have the meanings prescribed for such terms by para-
graphs (4), (5), and (6), respectively, of section 102 of the Older 
Americans Act of 1965. 
(7) The term "low-income" means that income in relation to 
family size which (A) is at or below the poverty level determined 
in accordance with criteria established by the Director of the Office 
of Management and Budget, or (B) is the basis on which cash 
assistance payments have been paid during the preceding 12-month 
period under titles IV and XVI of the Social Security Act or 
applicable State or local law. 
(8) The term "State" means each of the States and the District 
of Columbia. 
(9) The term "weatherization materials" means items primarily 
designed to improve the heating or cooling efficiency of a dwelling 
unit, including, but not limited to, ceiling, wall, floor, and duct 
insulation, storm windows and doors, and caulking and weather-
stripping, but not including mechanical equipment' valued in 
excess of $50 per dwelling unit. 
42 use 6863. 
Grants. 
Proposed 
regulations; 
publication in 
Federal Register. 
WEATHERIZATION PROGRAM 
SEC. 413. (a) The Administrator shall develop and conduct, in 
accordance with the purpose and provisions of this part, a weatheriza-
tion program. In developing and conducting such program, the Admin-
istrator may, in accordance with this part and regulations promul-
gated under this part, make grants (1) to States, and (2) in accordance 
with the provisions of subsection (d), to Indian tribal organizations to 
serve Native Americans. Such grants shall be made for <:he purpose of 
providing financial assistance with regard to projects designed to pro-
vide for the weatherization of dwelling imits, particularly those where 
elderly or handicapped low-income persons reside, in which the head 
of the household is a low-income person. 
(b) (1) The Administrator, after consultation with the Director, the 
Secretarv of Housing and Urban Development, the Secretary of 
Health, Education, and Welfare, the Secretary of Labor, the Director 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1153 
of the ACTION Agency, and the heads of such other Federal depart-
ments and agencies as the Administrator deems appropriate, sliall 
develop and publish in the Federal Register for public comment, not 
later than 60 days after the date of enactment of this part, proposed 
regulations to carry out the provisions of this part. The Administrator 
shall take into consideration comments submitted regarding such pro-
posed regulations and shall promulgate and publish final regulations 
for such purpose not later than 90 days after the date of such enact-
ment. The development of regulations under this part shall be fully 
coordinated with the Director. 
(2) The regulations promulgated pursuant to this section shall 
include provisions— 
(A) prescribing, in coordination with the Secretary of Hous-
ing and Urban Development, the Secretary of Health, Education, 
and Welfare, and the Director of the National Bureau of Stand-
ards in the Department of Commerce, for use in various climatic, 
structural, and human need settings, standards for weatheriza-
tion materials, energy conservation techniques, and balanced 
combinations thereof, which are designed to achieve a balance of 
a healthful dwelling environment and maximum practicable 
energy conservation; and 
(B) designed to insure that (i) the benefits of weatherization 
assistance in connection with leased dwelling units will accrue 
primarily to low-income tenants; (ii) the rents on such dwelling 
units will not be raised because of any increase in the value 
thereof due solely to weatherization assistance provided under 
this part; and (iii) no undue or excessive enhancement will occur 
to the value of such dwelling units. 
(c) If a State does not, within 90 days after the date on which 
final regulations are promulgated under this section, submit an appli-
cation to the Administrator which meets the requirements set forth 
in section 414, any unit of general purpose local government of suffi-
cient size (as determined by the Administrator), or a. community 
action agency carrying out programs under title II of the Economic 
Opportunity Act of 1964, may, in lieu of such State, submit an appli- 42 USC 2781. 
cation (meeting such requirements and subject to all other provisions 
of this part) for carrying out projects under this part within the 
geographical area which is subject to the jurisdiction of such govern- 
^ 
ment or is served by such agency. If any such application submitted 
by a unit of general purpose local government proposes that the allo-
cation requirement and the priority for an applicable community 
action agency, as set forth under section 415(b)(2)(B), be deter-
mined to be no longer applicable, the Administrator, as part of the 
notice and public hearing procedure carried out under section 418 
with respect to such application, shall be responsible for making the 
necessary determination under the proviso in section 415(b) (2) (B). 
A State may, in accordance with regulations promulgated under this 
part, submit an amended application. 
(d)(1) Notwithstanding any other provision of this part, in any 
State in which the Administrator determines (after having taken into 
account the amount of funds made available to the State to carry out 
the purposes of this part) that the low-income members of an Indian 
tribe are not receiving benefits under this part that are equivalent to 
the assistance provided to other low-income persons in such State under 
this part, and if he further determines that the members of such tribe 
would be better served by means of a grant made directly to provide 
such assistance, he shall reserve from sums that would otherwise be 
Applications, 
submittal by 
States. 
90 STAT. 1154 
PUBLIC LAW 94-385—AUG. 14, 1976 
allocated to such State under this part not less than 100 percent, nor 
more than 150 percent, of an amount which bears the same ratio to the 
State's allocation for the fiscal year involved as the population of all 
low-income Indians for whom a determination under this subsection 
has been made bears to the population of all low-income persons in 
such State. 
(2) The sums reserved by the Administrator on the basis of his 
determination under this subsection shall be granted to the tribal 
organization serving the individuals for whom such a determination 
has been made, or, where there is no tribal organization, to such other 
entity as he determines has the capacity to provide services pursuant 
to this part. 
(3) In order for a tribal organization or other entity to be eligible 
for a grant for a fiscal year under this subsection, it shall submit to 
the Administrator an application meeting the requirements set forth 
in section 414. 
(e) Notwithstanding any other provision of law, the Administrator 
may transfer to the Director sums appropriated under this part to be 
utilized in order to carry out programs, under section 222(a) (12) of 
42 use 2809. 
the Economic Opportunity Act of 1964, which further the purpose of 
this part. 
FINANCIAL ASSISTANCE 
42 use 6864. 
SEC. 414. (a) The Administrator shall provide financial assistance, 
from sums appropriated for any fiscal year under this part, only upon 
annual application. Each such application shall describe the estimated 
number and characteristics of the low-income persons and the number 
of dwelling units to be assisted and the criteria and methods to be used 
by the applicant in providing weatherization assistance to such per-
sons. The application shall also contain such other information (in-
cluding information needed for evaluation purposes) and assurances 
as may be required (1) in the regulations promulgated pursuant to 
section 413 and (2) to carry out this section. The Administrator shall 
allocate financial assistance to each State on the basis of the relative 
• i. 
need for weatherization assistance amonsf low-income persons through-
out the States, taking into account the following factors: 
(A) The number of dwelling units to be weatherized. 
(B) The climatic conditions in the State respecting energy 
conservation, which may include consideration of annual degree 
days. 
(C) The type of weatherization work to be done in the various 
settings. 
(D) Such other factors as the Administrator may determine 
necessary in order to carry out the purpose and provisions of this 
part. 
(b) The Administrator shall not provide financial assistance under 
this part unless the applicant has provided reasonable assurances that 
it has— 
(1) established a policy advisory council which (A) has special 
qualifications and sensitivity with respect to solving the problems 
of low-income persons (including the weatherization and energy-
conservation problems of such persons), (B) is broadly repre-
sentatative of organizations and agencies which are providing 
ser.ices to such persons in the State or geographical area in ques-
tion, and (C) is responsible for advising the responsible official 
or agency administering the allocation of financial assistance in 
such State or area with respect to the development and imple-
mentation of such weatherization assistance program; 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1155 
(2) established priorities to govern the provision of weatheriza-
tion assistance to low-income persons, including methods to pro-
vide priority to elderly and handicapped low-income persons, and 
such priority as the applicant determines is appropriate for 
single-family or other high-energy-consuming dwelling units; 
and 
(3) established policies and procedures designed to assure that 
financial assistance provided under this part will be used to sup-
plement, and not to supplant, State or local funds, and, to the 
extent practicable, to increase the amounts of such funds that 
would be made available in the absence of Federal funds for car-
rying out the purpose of this part, including plans and procedures 
(A) for securing, to the maximum extent practicable, the services 
of volunteers and training participants and public service employ-
ment workers, pursuant to the Comprehensive Employment and 
Training Act of 1973, to work under the supervision of quali- 29 USC 801 note, 
fied supervisors and foremen, and (B) for complying with the 
limitations set forth in section 415. 
LIMITATIONS 
SEC. 415. (a) Financial assistance provided under this part shall, to 42 USC 6865. 
the maximum extent practicable as determined by the Administrator, 
be used for the purchase of weatherization materials, except that not 
to exceed 10 percent of any grant made under this part may be used 
for the administration of weatherization projects under this part. 
(b) The Administrator shall insure that financial assistance pro-
vided under this part will— 
(1) be allocated within the State or area in accordance with a 
published State or area plan, which is adopted by such State after 
notice and a public hearing, describing the proposed funding dis-
tributions and recipients; 
(2) be allocated, pursuant to such State or area plan, to com-
munity action agencies carrying out programs under title II of 
the Economic Opportunity Act of 1964 or to other appropriate 
42 USC 2781. 
and qualified public or nonprofit entities in such State or area so 
that— 
(A) funds will be allocated on the basis of the relative need 
for weatherization assistance among the low-income persons 
within such State or area, taking into account appropriate cli-
matic and energy conservation factors; 
(B) (i) funds to be allocated for carrying out weatheriza-
tion projects under this part in the geographical area served 
by the emergency energy conservation program carried out 
by a community action agency under section 222(a) (12) of 
the Economic Opportunity Act of 1964 will be allocated to 42 USC 2809. 
such agency, and (ii) priority in the allocation of such funds 
for carrying out such projects under this part will be given 
such a community action agency in so much of the geographi-
cal area served by it as is not served by the emergency energy 
, 
conservation program it is carrying out: Provided^ That such 
allocation requirement and such priority shall no longer apply 
if the Governor of a State preparing an application for finan-
cial assistance under this part makes a determination, on 
the basis of the public hearing required by paragraph (1) of 
this subsection, or if the Administrator makes a determina-
tion, on the basis of a public hearing pursuant to section 413 
90 STAT. 1156 
PUBLIC LAW 94-385—AUG. 14, 1976 
(c), that the emergency energy conservation program carried 
out by such agency has been ineffective in meeting the purpose 
of this part or is clearly not of suj05cient size, and cannot in 
timely fashion develop the capacity, to support the scope of 
the project to be carried out in such area with funds under 
^ ^ 
this part; and 
(C) due consideration will be given to the results of peri-
odic evaluations of the projects carried out under this part 
in light of available information regarding the current and 
anticipated energy and weatherization needs of low-income 
( 
persons within the State; and 
(3) be terminated or discontinued during the application period 
only in accordance with policies and procedures consistent with 
the policies and procedures set forth in section 418. 
(c) The cost of the weatherization materials provided with finan-
,. ;..^ 
cial assistance under this part shall not exceed $400 in the case of 
any dwelling unit unless the State policy advisory council, established 
pursuant to section 414(b)(1), provides for a greater amount with 
respect to specific categories of units or materials. 
MONITORING, TECHNICAL ASSISTANCE, AND EVALUATION 
42 use 6866. 
SEC. 416. The Administrator, in coordination with the Director, 
shall monitor and evaluate the operation of projects receiving financial 
assistance under this part through methods provided for in section 
417(a), through onsite inspections, or through other means, in order 
to assure the effective provision of weatherization assistance for the 
dwelling units of low-income persons. The Administrator shall also 
carry out periodic evaluations of the program authorized by this part 
and projects receiving financial assistance under this part. The Admin-
istrator may provide technical assistance to any such project, directly 
and through persons and entities with a demonstrated capacity in 
develooing and implementing appropriate technology for enhancing 
the effectiveness of the provision of weatherization assistance to the 
dwelling units of low-income persons, utilizing in any fiscal year not 
to exceed 10 percent of the sums appropriated for such year under 
this part. 
ADMINISTRATIVE PROVISIONS 
42 use 6867. 
SEC. 417. (a) The Administrator, in consultation with the Director, 
by general or special orders, may require any recipient of financial 
assistance under this part to provide, in such form as he may prescribe, 
such reports or answers in writing to specific questions, surveys, or 
questionnaires as may be necessary to enable the Administrator and the 
Director to carry ouit their functions under this part. 
Recordkeeping. 
(b) Each person responsible for the administration of a weatheriza-
tion assistance project receiving financial assistance under this part 
shall keep such records as the Administrator may prescribe in order 
to assure an effective financial audit and performance evaluation of 
such project. 
Audit. 
(c) The Administrator, the Director (with respect to community 
action agencies), and the Comptroller General of the United States, or 
any of their duly authorized representatives, shall have access for the 
purpose of audit and examination to any books, documents, papers, 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1157 
information, and records of any project receiving financial assistance 
under this part that are pertinent to the financial assistance received 
under this part. 
(d) Payments under this part may be made in installments and in 
advance, or by way of reimbursement, with necessary adjustments on 
account of overpayments or underpayments. 
APPROVAL o r APPLICATIONS AND ADMINISTRATION OF STATE PROGRAMS 
SEC. 418. (a) The Administrator shall not finally disapprove any Notice and 
application submitted under this part, or any amendment thereto, hearing, 
w^ithout first affording the State (or unit of general purpose local gov- ^•^ ^^^ 6868. 
ernment or community action agency under section 413(c), as appro-
priate) in question, as well as other interested parties, reasonable notice 
and an opportunity for a public hearing. The Administrator may con-
solidate into a single hearing the consideration of more than one such 
application for a particular fiscal year to carry out projects within 
,^ 
a particular State. Whenever the Administrator, after reasonable 
notice and an opportunity for a public hearing, finds that there is a 
failure to comply substantially with the provisions of this part or 
regulations promulgated under this part, he shall notify the agency 
or institution involved and other interested parties that such State 
(or unit of general purpose local government or agency, as appropri- 
,p 
ate) will no longer be eligible to participate in the program under this 
part until the Administrator is satisfied that there is no longer any 
such failure to comply. 
(b) Keasonable notice under this section shall include a written 
notice of intention to act adversely (including a statement of the 
reasons therefor) and a reasonable period of time within which to 
submit corrective amendments to the application, or to propose 
corrective action. 
JUDICIAL REVIEW 
SEC. 419. (a) If any applicant is dissatisfied with the Administra- 42 USC 6869, 
tor's final action with respect to the application submitted by it under 
section 414 or with a final action under section 418, such applicant may, 
within 60 days after notice of such action, file with the United States 
court of appeals for the circuit in which the State involved is located 
a petition for review of that action. A copy of the petition shall be 
forthwith transmitted by the clerk of the court to the Administrator. 
The Administrator thereupon shall file in the court the record of the 
proceedings on which he based his action, as provided in section 2112 
of title 28, United States Code. 
(b) The findings of fact by the Administrator, if supported by sub- 
f 
stantial evidence, shall be conclusive. The court may, for good cause 
shown, remand the case to the Administrator to take further evidence, 
and the Administrator may thereupon make new or modified findings 
of fact and may modify his previous action. The Administrator shall 
certify to the court the record of any such further proceedings. Such 
new or modified findings of fact shall likewise be conclusive if sup-
ported by substantial evidence. 
(c) The court shall have jurisdiction to affirm the action of the 
Administrator or to set it aside, in whole or in part. The judgment 
of the court shall be subject to review by the Supreme Court of the 
United States upon certiorari or certification, as provided in section 
1254 of title 28, United States Code. 
90 STAT. 1158 
PUBLIC LAW 94-385—AUG. 14, 1976 
KONDISCRIMINATION 
42 use 6870. 
SEC. 420. (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 sub-
jected to discrimination under any program, project, or activity sup-
ported in whole or in part with financial assistance under this part, 
(b) Whenever the Administrator determines that a recipient of 
financial assistance under this part has failed to comply with sub-
section (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 Administrator 
shall— 
(1) refer the matter to the Attorney General with a recom-
mendation that an appropriate civil action be instituted; 
(2) exercise the power and functions provided by title VI of 
42 use 2000cl. 
the Civil Rights Act of 1964 and any other applicable Federal 
nondiscrimination law; or 
(3) take such other action as may be authorized by law. 
Submittal to 
Congress and 
President. 
42 use 6871. 
42 use 6872. 
ANNUAL REPORT 
SEC. 421. The Administrator and (with respect to the operation and 
effectiveness of activities carried out through community action 
agencies) the Director shall each submit, on or before March 31,1977, 
and annually thereafter through 1979, a report to the Congress and 
the President describing the weatherization assistance program carried 
out under this part or any other provision of law, including the results 
of the periodic evaluations and monitoring activities required by sec-
tion 416. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 422. There are authorized to be appropriated for purposes of 
carrying out the Aveatherization program under this part, not to 
exceed $55,000,000 for the fiscal year ending September 30, 1977, no^t 
to exceed $65,000,000 for the fiscal year ending September 30, 1978, 
and not to exceed $80,000,000 for the fiscal year ending September 30, 
1979, such sums to remain available until expended. 
PART B—STATE ENERGY CONSERVATION PLANS 
DEFINITIONS 
42 use 6326. 
SEC. 431. Section 366 of the Energy Policy and Conservation Act is 
amended by (1) redesignating paragraphs (1) and (2) as paragraphs 
(7) and (8), respectively; and (2) inserting after "As used in this 
part—" the following new paragraphs: 
"(1) The term 'appliance' means any article, such as a room 
air-conditioner, refrigerator-freezer, or dishwasher, which the 
Administrator 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 identi-
fies 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 meas-
ures and which— 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1159 
" (A) is carried out in accordance with rules of the Admin-
istrator; and 
"(B) imposes— 
" (i) no direct costs, with respect to individuals who are 
occupants of dwelling units in any State having a supple-
mental State energy conservation plan approved under 
section 367, and 
Post, p. 1160. 
"(ii) only reasonable costs, as determined by the 
Administrator, with respect to any person not described 
in clause (i). 
Eules referred to in subparagraph (A) may include minimum 
qualifications for, and provisions with respect to conflicts of inter-
est of, persons carrying out such energy audits. 
" (4) The term 'energy conservation measure' means a measure 
which modifies any building or industrial plant, the construction 
of which has been completed prior to the date of enactment of 
the Energy Conservation and Production Act, if such measure 
has been determined by means of an energy audit or by the 
Administrator, by rule under section 365(e)(1), to be likely to 
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 Administrator) 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 Administrator, or 
, 
i 
"(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 
Administrator, 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, 
34^ j-i 
or (iii) any measure, or type of measure, which the Adminis-
trator 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 the date of 
enactment of the Energy Conservation and Production Act, if 
such measure has been determined by means of an energy audit 
or by the Administrator, by rule under section 365(e) (1), to— 
Post, p. 1162, 
"(A) involve changing, in whole or in part, tne fuel or 
source of the energy used to meet the requirements of such 
building or plant from a depletable source of energy to a 
nondepietable 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 Administrator) in an amount sufficient 
to enable a person to recover the total cost of purchasing and 
90 STAT. 1160 
PUBLIC LAW 94-385--AUG. 14, 1976 
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 Administrator, 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.". 
42 use 6321. 
SUPPLEMENTAL STATE ENERGY CONSERVATION PLANS 
SEC. 432. (a) Part C of the title 3 of the Energy Policy and Conser-
vation Act is amended by adding at the end thereof the following new 
section: 
li SUPPLEMENTAL STATE ENERGY CONSERVATION PLANS 
Guidelines. 
"SEC. 367. (a) (1) The Administrator shall, within 6 months after 
42 use 6327. 
the date of enactment of the Energy Conservation and Production Act, 
prescribe guidelines with respect to measures required to be included 
m, and guidelines for the development, modification, and funding of, 
supplemental State energy conservation plans. Such guidelines shall 
include the provisions of one or more model supplemental State energy 
conservation plans with respect to the requirements of this section. 
"(2) In prescribing such guidelines, the Administrator shall solicit 
and consider the recommendations of, and be available to consult with, 
Publication in 
the Governors of the States as to such guidelines. At least 60 days prior 
Federal Register, to the date of final publication of such guidelines, the Administrator 
shall publish proposed guidelines in the Federal Register and invite 
public comments thereon. 
"(3) The Administrator shall invite the Governor of each State to 
submit to the Administrator a proposed supplemental State energy 
conservation plan which meets the requirements of subsection (b) and 
any guidelines applicable thereto. 
Rules. 
" (4) The Administrator may prescribe rules applicable to supple-
mental State energy conservation plans under this section pursuant 
to which— 
" (A) a State may apply for and receive assistance for a supple-
mental State energy conservation plan under this section; and 
"(B) such plan under this section may be administered; 
as if such plan was a part of the State energy conservation plan pro-
42 use 6322. 
gram under section 362. Such rules shall not have the effect of delaying 
funding of the program under section 362. 
42 use 6323. 
"(5) Section 363(b) (2) (A), the last sentence of section 363(b) (2), 
Post, p. 1162. 
section 363(b) (3), and section 363(c) shall apply to the supplemental 
State energy conservation plans to the same extent as such provisions 
apply to State energy conservation plans. 
Federal financial "(6) The Administrator may grant Federal financial assistance 
assistance. 
pursuant to this section for the purpose of assisting any State in the 
development of any supplemental State energy conservation plan or 
in the implementation or modification of such a plan or part thereof 
which has been submitted to and approved by the Administrator 
pursuant to this section. 
"(b)(1) Each proposed supplemental State energy conservation 
plan to be eligible for Federal financial assistance under this section 
shall include— 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1161 
" (A) procedures for carrying out a continuing public education 
effort to increase significantly public awareness of— 
• 
"(i) the energy and cost savings which are likely to result 
from the implementation (including implementation through 
^ 
group efforts) of energy conservation measures and renew- 
' 
able-resource energy measures; and 
"(ii) information and other assistance (including informa-
tion as to available technical assistance) which is or may be 
available with respect to the planning, financing, installing, 
and with respect to monitoring the effectiveness of measures 
likely to conserve, or improve efficiency in the use of, energy, 
including energy conservation measures and renewable-
resource energy measures; 
"(B) procedures for insuring that effective coordination exists 
among various local. State, and Federal energy conservation pro- 
-j _^ ; 
grams within and affecting such State, including any energy 
extension service program administered by the Energy Research 
and Development Administration; 
"(C) procedures for encouraging and for carrying out energy 
audits with respect to buildings and industrial plants within 
such State; and 
"(D) any procedures, programs, or other actions required by 
the Administrator pursuant to paragraph (2). 
"(2) The Administrator may promulgate guidelines under this Guidelines 
section to provide that, in order to be eligible for Federal assistance 
under this section, a supplemental State energy conservation plan 
shall include, in addition to the requirements of paragraph (1) of 
,.. 
this subsection, one or more of the following: 
. 
. . 
' 
"(A) the formation of, and appointment of qualified individ-
uals to be members of, a State energy conservation advisory com-
mittee. Such a committee shall have continuing authority to 
advise and assist such State and its political subdivisions, with 
respect to matters relating to energy conservation in such State, 
including the carrying out of such State's energy conservation 
plan, the development and formulation of any improvements or 
amendments to such plan, and the development and formulation 
of procedures which meet the requirements of subparagraphs (A), 
(B), and (C) of subsection (b)(1). The applicable guidelines 
shall be designed to assure that each such committee carefully 
considers the views of the various energy-consuming sectors 
within the State and of public and private groups concerned with 
energy conservation; 
"(B) an adequate program within such State for the purpose 
of preventing any unfair or deceptive acts or practices affecting 
commerce which relate to the implementation of energy conserva-
tion measures and renewable-resource energy measures; 
"(C) procedures for the periodic verification (by use of sam-
pling or other techniques), at reasonable times, and under reason-
able conditions, by qualified officials designated by such State of 
the purchase and installation and actual cost of energy conserva-
tion measures and renewable-resource energy measures for which 
financial assistance was obtained under section 509 of the Housing 
and Urb.an Development Act of 1970, or section 451 of the Energy 
Conservation and Production Act; and 
"(D) assistance for individuals and other persons to undertake 
cooperative action to implement energy conservation measures 
and renewable-resource energy measures. 
State energy 
conservation 
advisory com-
mittee. 
Post, p. 1162. 
Post, p. 1165. 
90 STAT. 1162 
PUBLIC LAW 94-385—AUG. 14, 1976 
42 use 6325. 
Cooperation with 
State agencies. 
Appropriation 
"(c) There are authorized to be appropriated for supplemental State 
authorization. 
energy conservation plans which are approved under this section 
$25,000,000 for fiscal year 1977, $40,000,000 for fiscal year 1978, and 
$40,000,000 for fiscal year 1979.". 
42 use 6323. 
(b) Section 363(b) (2) of the Energy Policy and Conservation Act 
is amended by adding at the end thereof the following: 
"No such plan shall be disapproved without notice and an opportunity 
to present views.". 
(c) Section 363(c) of the Energy Policy and Conservation Act is 
amended by (1) striking out "project or program" and "projects or 
programs" in the first sentence and inserting in lieu thereof "plan, 
program, projects, measures, or systems" in each case; and (2) striking 
out "examination" in the second sentence and inserting in lieu thereof 
"examination, at reasonable times and under reasonable conditions.". 
(d) Section 365 of the Energy Policy and Conservation Act is 
amended— 
(1) by redesignating subsection (d) as subsection ( f ) ; 
(2) by adding immediately after subsection (c) the following 
two new subsections: 
"(d) The Federal Trade Commission shall (1) cooperate with and 
assist State agencies which have primary responsibilities for the pro-
tection 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 renew-
able-resource energy measures, and (2) undertake its own program, 
15 use 58. 
pursuant to the Federal Trade Commission Act, to prevent unfair or 
deceptive acts or practices affecting commerce which relate to the 
implementation of any such measures. 
"(e) Within 90 days after the date of enactment of this subsection, 
the Administrator 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 509 of the Housing and Urban 
Infra. 
Development Act of 1970 or section 451 of the Energy Conserva-
Post, p. 1165. 
tion and Production Act; 
Energy audits. 
"(2) designate, by rule, the types of, and requirements for, 
energy audits."; and 
(3) in subsection (f), as redesignated by paragraph (1), by 
Ante, p. 1160. 
inserting "(other than section 367)" after "part". 
PART C—NATIONAL ENERGY CONSERVATION AND RENEWABLE-RESOURCE 
DEMONSTRATION PROGRAM FOR EXISTING DWELLING U N I T S 
12 use 1701Z-1 
et seq. 
ENERGY CONSERVATION AND RENEWABLE-RESOURCE DEMONSTRATION 
SEC. 441. Title V of the Housing and Urban Development Act of 
1970 is amended by adding the following new section at the end 
thereof: 
(( 
ENERGY CONSERVATION AND RENEWABLE-RESOURCE DEMONSTRATION 
12 use 1701z-8. 
"SEC. 509. (a) The Secretary shall undertake a national demonstra-
tion program designed to test the feasibility and effectiveness of var-
ious forms of financial assistance for encouraging the installation or 
implementation of approved energy conservation measures and 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1163 
approved renewable-resource energy measures in existing dweUiiig 
units. The Secretary shall carry out such demonstration program with 
a view toward recommending a national program or programs designed 
to reduce significantly the consumption of energy in existing dwelling 
units. 
"(b) The Secretary is authorized to make financial assistance avail-
able pursuant to this section in the form of grants, low-interest-rate 
loans, interest subsidies, loan guarantees, and such other forms of 
assistance as the Secretary deems appropriate to carry out the pur-
poses of this section. Assistance may be made available to both owners 
of dwelling units and tenants occupying such units. 
"(c) In carrying out the demonstration program lequired by this 
section, the Secretary shall— 
"(1) provide assistance in a wide variety of geographic areas 
to reflect differences in climate, types of dwelling units, and 
income levels of recipients in order to provide a national profile 
for use in designing a program which is to be operational and 
effective nationwide; 
"(2) evaluate the appropriateness of various financial incen-
tives for different income levels of owners and occupants of 
existing dwelling units; 
"(3) take into account and evaluate any other financial assist-
ance which may be available for the installation or implementa-
tion of energy conservation and renewable-resource energy 
measures; 
"(4) make use of such State and local instrumentalities or 
other public or private entities as may be appropriate in carrying 
out the purposes of this section in coordination with the provisions 
of part C of title III of the Energy Policy and Conservation Act; 
"(5) consider, with respect to various forms of assistance and 
procedures for their application, (A) the extent to which energy 
conservation measures and renewable-resource energy measures 
are encouraged which would otherwise not have been undertaken, 
(B) the minimum amount of Federal subsidy necessary to achieve 
the objectives of a national program, (C) the costs of adminis-
tering the assistance, (D) the extent to which the assistance may 
be encumbered by delays, redtape, and uncertainty as to its avail-
ability with respect to any particular applicant, (E) the factors 
which may prevent the assistance from being available in certain 
areas or for certain classes of persons, and (F) the extent to which 
fraudulent practices can be prevented; and 
" (6) consult with the Administrator and the heads of such other 
Federal agencies as may be appropriate. 
"(d)(1) The amount of any grant made pursuant to this section 
shall not exceed the lesser of— 
"(A) with respect to an approved energy conservation measure, 
(i) $400, or (ii) 20 per centum of the cost of installing or other-
wise implementing such measure; and 
"(B) with respect to an approved renewable-resource energy 
measure, (i) $2,000, or (ii) 25 per centum of the cost of installing 
or otherwise implementing such measure. 
The Secretary may, by rule, mcrease such percentages and amounts 
in the case of an applicant whose annual gross family income for the 
preceding taxable year is less than the median family income for the 
housing market area in which the dwelling unit which is to be modi-
fied by such measure is located, as determined by the Secretary. The 
Secretary may also modify the limitations specified in this paragraph 
if necessary in order to achieve the purposes of this section. 
Financial 
assistance. 
42 use 6321. 
Grant limitations. 
Rule. 
90 STAT. 1164 
PUBLIC LAW 94-385—AUG. 14, 1976 
Delegation of 
responsibilities. 
42 use 6321. 
Report to 
Congress. 
Eligibility. 
"(2) No person shall be eligible for both financial assistance under 
this section and a credit against income tax for the same energy conser-
vation measure or renewable-resource energy measure. 
"(e) The Secretary may condition the availability of financial 
assistance with respect to the installation and implementation of any 
renewable-resource energy measure on such measure's meeting per-
' 
formance standards for reliability and efficiency and such certification 
procedures as the Secretary may, in consultation with the Administra-
tor and other appropriate Federal agencies, prescribe for the purpose 
of protecting consumers. 
"(f) In carrying out the demonstration program required by this 
section, the Secretary is authorized to delegate responsibilities to, or 
to contract with, other Federal agencies or with such State or local 
instrumentalities or other public or private bodies as the Secretary 
may deem desirable. Such demonstration program shall be coordinated, 
to the extent practicable, with the State energy conservation plans as 
described in, and implemented pursuant to, part C of title III of the 
Energy Policy and Conservation Act. 
"(g) The Secretary shall submit an interim report to the Congress 
not later than 6 months after the date of enactment of this section (and 
every 6 months thereafter until the final report is made under this sub-
section) indicating the progress made in carrying out the demonstra-
tion program required by this section and shall submit a final report 
to the Congress, containing findings and legislative recommendations, 
not later than 2 years after the date of enactment of this section. As 
part of each report made under this subsection, the Secretary shall 
include an evaluation, based on the criteria described in subsection (h), 
of each demonstration project conducted under this section. 
"(h) Prior to undertaking any demonstration project under this 
section, the Secretary shall specify and report to the Congress the 
criteria by which the Secretary will evaluate the effectiveness of the 
project and the results to be sought. 
" (i) As used in this section: 
"(1) The term 'Administrator' means the Administrator of 
the Federal Energy Administration; except that after such 
Administration ceases to exist, such term means any officer of 
the United States designated by the President for purposes of 
this section. 
"(2) The term 'approved', with respect to an energy conser-
vation measure or a renewable-resource energy measure, means 
any such measure which is included on a list of such measures 
which is published by the Administrator of the Federal Energy 
Administration pursuant to section 365(e)(1) of the Energy 
Ante, p. 1162. 
Policy and Conservation Act. The Administrator may, by rule, 
require that an energy audit be conducted as a condition of obtain-
ing assistance under this section for a renewable-resource energy 
measure. 
"(3) The terms 'energy audit', 'energy conservation measure', 
and 'renewable-resource energy measure' have the meanings pre-
scribed for such terms in section 3^6 of the Energy Policy and 
Ante, p. 1158. 
Conservation Act. 
Appropriation 
"(j) There is authorized to be appropriated, for purj)oses of this 
auUiorization. 
section, not to exceed $200,000,000. Any amount appropriated pursu-
ant to this subsection shall remain available until expended.". 
Report to 
Congress. 
Definitions. 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1165 
PART D—ENERGY CONSERVATION AND RENEWABLE-RESOURCE 
OBLIGATION GUARANTEES 
PROGRAM 
SEC. 451. (a) (1) The Administrator may, in accordance with this 
section and such rules as he shall prescribe after consultation with the 
Secretary of the Treasury, guarantee and issue commitments to guar-
antee the payment of the outstanding principal amount of any loan, 
note, bond, or other obligation evidencing indebtedness, if— 
(A) such obligation is entered into or issued by any person or 
by any State, political subdivision of a State, or agency and 
instrumentality of either a State or political subdivision thereof; 
and 
(B) the purpose of entering into or issuing such obligation is 
the financing of any energy conservation measure or renewable-
resource energy measure which is to be installed or otherwise 
implemented in any building or industrial plant owned or oper-
ated by the person or State, political subdivision of a State, or 
agency or instrumentality of either a State or political subdivi-
sion thereof, (i) which enters into or issues such obligation, or 
(ii) to which such measure is leased. 
(2) No guarantee or conunitment to guarantee may be issued under 
this subsection with respect to any obligation— 
(A) which is a general obligation of a State; or 
(B) which is entered into or issued for the purpose of financ-
ing any energy conservation measure or renevvable-resouice energy 
measure which is to be installed or otherwise implemented in a 
residential building containing 2 or fewer dwelling units. 
(3) Before prescribing rules pursuant to this subsection, the Admin-
istrator shall consult with the Administrator of the Small Business 
Administration in order to formulate procedures which would assist 
small business concerns in obtaining guarantees and commitments to 
guarantee under this section. 
(b) No obligation may be guaranteed, and no commitment to guar-
antee an obligation may be issued, under subsection (a), unless the 
Administrator finds that the measure which is to be financed by such 
obligation— 
(1) has been identified by an energy audit to be an energy 
conservation measure or a renewable-resource energy measure; or 
(2) is included on a list of energy conservation measures and 
renewable-resource energy measures which the Administrator 
publishes under section 365(e)(1) of the Energy Policy and 
Conservation Act. 
Before issuing a guarantee under subsection (a), the Administrator 
may require that an energy audit be conducted with respect to an 
energy conservation measure or a renewable-resource energy measure 
which is on a list described in paragraph (2) and which is to be 
financed by the obligation to be guaranteed under this section. The 
amount of any obligation which may be guaranteed under subsection 
(a) may include the cost of an energy audit. 
(c) (i) The Administrator shall limit the availability of a 
guarantee otherwise authorized by subsection (a) to obligations 
entered into by or issued by borrowers who can demonstrate that 
financing is not otherwise available on reasonable terms and conditions 
to allow the measure to be financed. 
Payment 
guarantees. 
42 use 6881. 
Ante, p. 1162. 
Energy audit. 
Limitation. 
90 STAT. 1166 
PUBLIC LAW 94-385—AUG. 14, 1976 
(2) No obligation may be guaranteed by the Administrator under 
subsection (a) unless the Administrator finds— 
(A) there is a reasonable prospect for the repayment of such 
obligation; and 
(B) in the case of an obligation issued by a person, such 
obligation constitutes a general obligation of such person for such 
guarantee. 
(3) The term of any guarantee issued under subsection (a) may 
not exceed 25 years. 
(4) The aggregate outstanding principal amount which may be 
guaranteed under subsection (a) at any one time with respect to 
obligations entered into or issued by any borrower may not exceed 
$5,000,000. 
(d) The original principal amount guaranteed under subsection (a) 
may not exceed 90 percent of the cost of the energy conservation 
measure or the renewable-resource energy measure financed by the 
obligation guaranteed under such subsection; except that such amount 
may not exceed 25 percent of the fair market value of the building 
or industrial plant being modified by such energy conservation meas-
ure or renewable-resource energy measure. No guarantee issued, and 
no commitment to guarantee, which is issued under subsection (a) 
shall be terminated, canceled, or otherwise revoked except in accord-
ance with reasonable terms and conditions prescribed by the Admin-
istrator, after consultation with the Secretary of the Treasury and 
the Comptroller General, and contained in the written guarantee or 
' 
commitment to guarantee. The full faith and credit of the United 
States is pledged to the payment of all guarantees made under sub-
section (a). Any such guarantee made by the Administrator shall be 
conclusive evidence of the eligibility of the obligation involved for such 
guarantee, and the validity of any guarantee so made shall be incon-
testable in the hands of a holder of the guaranteed obligation except 
for fraud or material misrepresentation on the part of such holder. 
(e)(1) No guarantee and no commitment to guarantee may be 
issued under subsection (a) unless the Administrator obtains any 
information reasonably requested and such assurances as are in his 
judgment (after consultation with the Secretary of the Treasury and 
the Comptroller General) reasonable to protect the interests of the 
United States and to assure that such guarantee or commitment to 
guarantee is consistent with and will further the purpose of this 
Recordkeeping. 
title. The Administrator shall require that records be kept and 
made available to the Administrator or the Comptroller General, or 
any of their duly authorized representatives, in such detail and form 
as are determined necessary to facilitate (A) an effective financial 
audit of the energy conservation measure or renewable-resource energy 
measure investment involved, and (B) an adequate evaluation of the 
effectiveness of this section. The Administrator and the Comptroller 
General, or any of their duly authorized representatives, shall have 
access to pertinent books, documents, papers, and records of any 
recipient of Federal assistance under this section. 
Borrower fee. 
(2) The Administrator may collect a fee from any borrower with 
respect to whose obligation a guarantee or commitment to guarantee 
is issued under subsection (a); except that the Administrator may 
waive any such fee with respect to any such borrower or class of 
borrowers. Fees shall be designed to recover the estimated adminis-
trative expenses incurred under this part; except that the total of 
the fees charged any such borrower may not exceed (A) one percent 
of the amount of the guarantee, or (B) one-half percent of the amount 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1167 
of the commitment to guarantee, whichever is greater. Any amount 
collected under this paragraph shall be deposited in the miscellaneous 
receipts of the Treasury. 
(f) (1) If there is a default by the obligor in any payment of 
Default, 
principal due under an obligation guaranteed under subsection (a), 
and if such default continues for 30 days, the holder of such obligation 
or his agent has the right to demand payment by the Administrator 
of the unpaid principal of such obligation, consistent with the terms 
of the guarantee of such obligation. Such payment may be demanded 
within such period as may be specified in the guarantee or related 
agreements, which period shall expire not later than 90 days from 
; 
the date of such default. If demand occurs within such specified period, 
then not later than 60 days from the date of such demand, the Admin-
istrator shall pay to such holder the unpaid principal of such obliga- 
-
tion, consistent with the terms of the guarantee of such obligation; 
except that (A) the Administrator shall not be required to make any 
such payment if he finds, prior to the expiration of the 60-day period 
beginning on the date on which the demand is made, that there was 
no default by the obligor in the payment of principal or that such 
default has been remedied, and (B) no such holder shall receive pay-
ment or be entitled to retain payment in a total amount which together 
with any other recovery (including any recovery based upon any 
security interest) exceeds the actual loss of principal by such holder. 
(2) If the Administrator makes payment to a holder under para- 
v" 
graph (1), the Administrator shall thereupon— 
(A) have all of the rights granted to him by law or agreement 
wnth the obligor; and 
(B) be subrogated to all of the rights which were granted such 
holder, by law, assignment, or security agreement applicable to 
,, , 
the guaranteed obligation. 
(3) The Administrator may, in his discretion, take possession of, 
Disposal of 
complete, recondition, reconstruct, renovate, repair, maintain, operate, property. 
, 
remove, charter, rent, sell, or otherwise dispose of any property or 
other interests obtained by him pursuant to this subsection. The terms 
of any such sale or other disposition shall be as approved by the 
Administrator. 
> 
(4) If there is a default by the obligor in any payment due under an 
obligation guaranteed under subsection (a), the Administrator shall 
take such action against such obligor or any other person as is, in his 
discretion, necessary or appropriate to protect the interests of the 
United States. Such an action may be brought in the name of the 
United States or in the name of the holder of such obligation. Such 
holder shall make available to the Administrator all records and evi-
dence necessary to prosecute any such suit. The Administrator may, in 
his discretion, accept a conveyance of property in full or partial satis-
faction of any sums owed to him. If the Administrator receives, 
through the sale of property, an amount greater than his cost and the 
amount paid to the holder under paragraph (1), he shall pay such 
excess to the obligor. 
(g) (1) The aggregate outstanding principal amount of obligations 
w^hich may be guaranteed under this section may not at any one time 
exceed $2,000,000,000. No guarantee or commitment to guarantee may 
be issued under subsection (a) after September 30,1979. 
(2) There is authorized to be appropriated for the payment of 
Appropriation 
amounts to be paid under subsection (f), not to exceed $60,000,000. authorization. 
Any amount appropriated pursuant to this paragraph shall remain 
available until expended. 
89-194 O—78—Dt. 1 
77 
90 STAT. 1168 
PUBLIC LAW 94-385—AUG. 14, 1976 
Laborers and 
mechanics, 
wages. 
40 u s e 276a 
note. 
5 u s e app. 
Definitions. 
Ante, p. 1158. 
(h) All laborers and mechanics employed in construction, alteration, 
or repair which is financed by an obligation guaranteed under sub-
section (a) shall be paid wages at rates not less than those prevailing 
on similar construction in the locality, as determined by the Secre-
tary of Labor in accordance with the Davis-Bacon Act. The Adminis-
trator shall not guarantee any obligations under subsection (a) 
without first obtaining adequate assurance that these labor standards 
will be maintained during such construction, alteration, or repair. The 
Secretary of Labor shall, with respect to the labor standards in this 
subsection, have the authority and functions set forth in Reorganiza-
tion Plan Numbered 14 of 1950 and section 276c of title 40, United 
States Code. 
(i) As used in this part: 
(1) The term "Administrator" means the Administrator of the 
Federal Energy Administration; except that after such Admin-
istration ceases to exist, such term means any officer of the United 
States designated by the President for purposes of this part. 
(2) The term "Comptroller General" means the Comptroller 
General of the United States. 
(3) The terms "energy audit", "energy conservation measure", 
"renewable-resource energy measure", "building", and "industrial 
plant" have the meanings prescribed for such terms in section 
366 of the Federal Energy Policy and Conservation Act. 
PART E—MISCELLANEOUS PROVISIONS 
EXCHANGE OF INFORMATION 
42 use 6891. 
SEC. 461. The Administrator shall (through conferences, publica-
tions, and other appropriate means) encourage and facilitate the 
exchange of information among the States with respect to energy 
conservation and increased use of nondepletable energy sources. 
Report to 
eongress. 
42 use 6892. 
15 use 771. 
REPORT BY THE COMPTROLLER GENERAL 
SEC. 462. (a) For each fiscal year ending before October 1,1979, the 
Comptroller General shall report to the Congress on the activities of 
the Administrator and the Secretary under this title and any amend-
ments to other statutes made by this title. The provisions of section 12 
of the Federal Energy Administration Act of 1974 (relating to access 
by the Comptroller General to books, documents, papers, statistics, 
data, records, and information in the possession of the Administrator 
or of recipients of Federal funds) shall apply to data which relate 
to such activities. 
(b) Each report submitted by the Comptroller General under sub-
section (a) shall include— 
(1) an accounting, by State, of expenditures of Federal funds 
under each program authorized by this title or by amendments 
made by this title; 
(2) an estimate of the energy savings which have resulted 
thereby; 
(3) a thorough evaluation of the effectiveness of the programs 
authorized by this title or by amendments made by this title in 
achieving the energy conservation or renewable resource poten-
tial available in the sectors and regions affected by such 
programs; 
PUBLIC LAW 94-385—AUG. 14, 1976 
90 STAT. 1169 
(4) a review of the extent and effectiveness of compliance moni-
toring of programs established by this title or by amendments 
made by this title and any evidence as to the occurrence of fraud 
with respect to such programs; and 
(5) the recommendations of the Comptroller General with 
respect to (A) improvements in the administration of programs 
authorized by this title or b^ amendments made by this title, and 
(B) additional legislation, if any, which is needed to achieve the 
purposes of this title. 
(c) As used in this part: 
Definitions. 
(1) The term "Administrator" means the Administrator of the 
Federal Energy Administration; except that after such Admin-
istration ceases to exist, such term means any officer of the United 
' . "ts*. 
States designated by the President for purposes of this part. 
(2) The term "CfomptroUer General" means the Comptroller 
General of the United States. 
(3) The term "Secretary" means the Secretary of Housing and 
Urban Development. 
Approved August 14, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1113 (Coram, on Interstate and Foreign Commerce) and No. 
94-1392 (Comm. of Conference). 
SENATE REPORTS: No. 94-874 accompanying S. 2872 (Coram, on Government 
Operations) and No. 94-1119 (Comra. of Conference). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
May 27, June 1, considered and passed House. 
June 16, considered and passed Senate, amended, in lieu of S. 2872. 
Aug. 5, Senate agreed to conference report. 
Aug. 10, House agreed to conference report.