Laws: Cases and Codes : U.S. Code : Title 42
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U.S. Code as of:
01/19/04
Chapter 77 - Notes
Sec.
6201. Congressional statement of purpose.
6202. Definitions.
SUBCHAPTER I - DOMESTIC SUPPLY AVAILABILITY
PART A - DOMESTIC SUPPLY
6211. Repealed.
6212. Domestic use of energy supplies and related materials
and equipment.
(a) Export restrictions.
(b) Exemptions.
(c) Implementing restrictions.
(d) Restrictions and national interest.
(e) Waiver of notice and comment period.
6213. Certain lease bidding arrangements prohibited.
(a) Promulgation of rule by Secretary of the
Interior.
(b) Definitions.
(c) Exemptions.
(d) Unitization of producing fields.
(e) Report to Congress covering extension of
restrictions on joint bidding.
6214. Repealed.
6215. Major fuel burning stationary source.
(a) Restrictions on issuance of orders or rules by
Governor pursuant to section 7425 of this
title.
(b) Petition to President.
(c) Action to be taken by President.
(d) Effect on authority of President to allocate
coal or coal derivatives.
(e) Definitions.
6216. Annual Home Heating Readiness Reports.
(a) In general.
(b) Contents.
(c) Information requests.
6217. Scientific inventory of oil and gas reserves.
(a) In general.
(b) Regular update.
(c) Inventory.
(d) Authorization of appropriations.
PART B - STRATEGIC PETROLEUM RESERVE
6231. Congressional finding and declaration of policy.
6232. Definitions.
6233. Repealed.
6234. Strategic Petroleum Reserve.
(a) Establishment.
(b) Authority of Secretary.
(c) to (e) Repealed.
(f) Purpose of drawdown and distribution; requests
for funds for storage.
6235 to 6238. Repealed.
6239. Development, operation, and maintenance of the
Reserve.
(a) to (e) Repealed.
(f) Powers of Secretary to develop and operate the
Strategic Petroleum Reserve.
(g) Acquisition of property by negotiation as
prerequisite to condemnation.
(h), (i) Repealed.
(j) Expansion beyond 700,000,000 barrels.
(k) Exemption from subtitle IV of title 49.
(l) Rulemaking during drawdown and sale.
6240. Petroleum products for storage, transport, or
exchange.
(a) Eligibility of petroleum products.
(b) Objectives in determining manner of
acquisition.
(c) to (e) Repealed.
(f) Predrawdown diversion.
(g) Repealed.
(h) Purchase from stripper well properties.
6241. Drawdown and sale of petroleum products.
(a) Power of Secretary.
(b), (c) Repealed.
(d) Presidential finding prerequisite to drawdown
and sale.
(e) Sales procedures.
(f) Repealed.
(g) Directive to carry out test drawdown and sale.
(h) Prevention or reduction of adverse impact of
severe domestic energy supply interruptions.
(i) Exchange of withdrawn products.
(j) Purchases from Strategic Petroleum Reserve by
entities in insular areas of United States and
Freely Associated States.
6242. Coordination with import quota system.
6243. Records and accounts.
(a) Preparation and maintenance.
(b) Audit of operations of storage facility.
(c) Access to and inspection of records or accounts
and storage facilities.
6244. Repealed.
6245. Annual report.
6246. Authorization of appropriations.
6247. SPR Petroleum Account.
(a) Establishment.
(b) Obligation of funds for acquisition,
transportation, and injection of petroleum
products into SPR.
(c) Provision and deposit of funds.
(d) Off-budgeting procedures.
6247a. Use of underutilized facilities.
(a) Authority.
(b) Protection of facilities.
(c) Access to stored oil.
(d) Availability of funds.
6247b. Purchase of oil from marginal wells.
(a) In general.
(b) Definition of marginal well.
PART C - AUTHORITY TO CONTRACT FOR PETROLEUM PRODUCT NOT OWNED BY
UNITED STATES
6249. Contracting for petroleum product and facilities.
(a) In general.
(b) Conditions.
(c) Charge for storage.
(d) Duration.
(e) Binding arbitration.
(f) Availability of funds.
6249a. Implementation.
(a), (b) Repealed.
(c) Legal status regarding other law.
(d) Return of product.
6249b. Repealed.
6249c. Contracts for which implementing legislation is
needed.
(a) In general.
(b) Consultation.
(c) Effective date.
(d) Rules of Senate.
(e) Introduction and referral in Senate.
(f) Consideration of amendments to implementing
bill prohibited in Senate.
(g) Discharge in Senate.
(h) Floor consideration in Senate.
PART D - NORTHEAST HOME HEATING OIL RESERVE
6250. Establishment.
6250a. Authority.
6250b. Conditions for release; plan.
(a) Finding.
(b) Definition.
(c) Continuing evaluation.
(d) Release of petroleum distillate.
(e) Plan.
6250c. Northeast Home Heating Oil Reserve Account.
(a) Establishment.
(b) Deposits.
(c) Obligation of amounts.
6250d. Exemptions.
6250e. Authorization of appropriations.
PART E - EXPIRATION
6251. Expiration.
SUBCHAPTER II - STANDBY ENERGY AUTHORITIES
PART A - GENERAL EMERGENCY AUTHORITIES
6261 to 6264. Repealed.
PART B - AUTHORITIES WITH RESPECT TO INTERNATIONAL ENERGY PROGRAM
6271. International oil allocations.
(a) Authority of President to prescribe rules for
implementation of obligations of United States
relating to international allocation of
petroleum products; amounts of allocation and
prices; petroleum products subject to rule;
term of rule.
(b) Prerequisites to rule taking effect; time rule
may be put into effect or remain in effect.
(c) Consistency of rule with attainment of
objectives specified in section 753(b)(1) of
title 15; limitation on authority of officers
or agencies of United States.
(d) Nonapplicability of export restrictions under
other laws.
(e) Prerequisites for effectiveness of rule.
6272. International voluntary agreements.
(a) Exclusiveness of section's requirements.
(b) Prescription by Secretary of standards and
procedures for developing and carrying out
voluntary agreements and plans of action.
(c) Requirements for standards and procedures.
(d) Participation of Attorney General and Federal
Trade Commission in development and carrying
out of voluntary agreements and plans of
action.
(e) Monitoring of development and carrying out of
voluntary agreements and plans of action by
Attorney General and Federal Trade Commission.
(f) Defense to civil or criminal antitrust actions.
(g) Acts or practices occurring prior to date of
enactment of chapter or subsequent to its
expiration or repeal.
(h) Applicability of Defense Production Act of
1950.
(i) Reports by Attorney General and Federal Trade
Commission to Congress and President.
(j) Defense in breach of contract actions.
(k) Definitions.
(l) Applicability of antitrust defense.
(m) Limitation on new plans of action.
(n) Joint resolution of disapproval.
6273. Advisory committees.
(a) Authority of Secretary to establish;
applicability of section 17 of Federal Energy
Administration Act of 1974; chairman;
inclusion of representatives of public; public
meetings; notice of meeting to Attorney
General and Federal Trade Commission;
attendance and participation of their
representatives.
(b) Transcript of meetings.
(c) Suspension of application of certain
requirements by President.
6274. Exchange of information with International Energy
Agency.
(a) Submission of information by Secretary to
Secretary of State; transmittal to Agency;
aggregation and reporting of geological or
geophysical information, trade secrets, or
commercial or financial information;
availability of such information during
international energy supply emergency;
certification by President that Agency has
adopted security measures; review of
compliance of other nations with program;
petition to President for changes in
procedure.
(b) Halting transmittal of information that would
prejudice competition, violate antitrust laws,
or be inconsistent with security interests.
(c) Information protected by statute.
(d) Continuation of authority to collect data under
Energy Supply and Environmental Coordination
Act and Federal Energy Administration Act of
1974.
(e) Limitation on disclosure contained in other
laws.
6275. Relationship between standby emergency authorities and
international energy program.
6276. Domestic renewable energy industry and related service
industries.
(a) Purpose.
(b) Evaluation; report to Congress.
(c) Program for enhancing commerce in renewable
energy technologies; funding.
(d) Interagency working group.
(e) Omitted.
(f) Functions of interagency working group; plan to
increase United States exports of renewable
energy and energy efficiency technologies.
(g) Repealed.
(h) Authorization of appropriations.
PART C - ENERGY EMERGENCY PREPAREDNESS [REPEALED]
6281, 6282. Repealed.
6283. Summer fill and fuel budgeting programs.
(a) Definitions.
(b) Assistance.
(c) Preference.
(d) Authorization of appropriations.
(e) Inapplicability of expiration provision.
PART D - EXPIRATION
6285. Expiration.
SUBCHAPTER III - IMPROVING ENERGY EFFICIENCY
PART A - ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER
THAN AUTOMOBILES
6291. Definitions.
6292. Coverage.
(a) In general.
(b) Special classification of consumer product.
6293. Test procedures.
(a) General rule.
(b) Amended and new procedures.
(c) Restriction on certain representations.
(d) Case in which test procedure is not required.
(e) Amendment of standard.
6294. Labeling.
(a) In general.
(b) Rules in effect; new rules.
(c) Content of label.
(d) Effective date.
(e) Study of certain products.
(f) Consultation.
(g) Other authority of the Commission.
6295. Energy conservation standards.
(a) Purposes.
(b) Standards for refrigerators,
refrigerator-freezers, and freezers.
(c) Standards for room air conditioners.
(d) Standards for central air conditioners and heat
pumps.
(e) Standards for water heaters; pool heaters;
direct heating equipment.
(f) Standards for furnaces.
(g) Standards for dishwashers; clothes washers;
clothes dryers; fluorescent lamp ballasts.
(h) Standards for kitchen ranges and ovens.
(i) General service fluorescent lamps and
incandescent reflector lamps.
(j) Standards for showerheads and faucets.
(k) Standards for water closets and urinals.
(l) Standards for other covered products.
(m) Further rulemaking.
(n) Petition for amended standard.
(o) Criteria for prescribing new or amended
standards.
(p) Procedure for prescribing new or amended
standards.
(q) Special rule for certain types or classes of
products.
(r) Inclusion in standards of test procedures and
other requirements.
(s) Determination of compliance with standards.
(t) Small manufacturer exemption.
6296. Requirements of manufacturers.
(a) In general.
(b) Notification.
(c) Deadline.
(d) Information requirements.
6297. Effect on other law.
(a) Preemption of testing and labeling
requirements.
(b) General rule of preemption for energy
conservation standards before Federal standard
becomes effective for product.
(c) General rule of preemption for energy
conservation standards when Federal standard
becomes effective for product.
(d) Waiver of Federal preemption.
(e) Exception for certain State procurement
standards.
(f) Exception for certain building code
requirements.
(g) No warranty.
6298. Rules.
6299. Authority to obtain information.
(a) In general.
(b) Confidentiality.
6300. Exports.
6301. Imports.
6302. Prohibited acts.
(a) In general.
(b) "New covered product" defined.
6303. Enforcement.
(a) In general.
(b) "Knowingly" defined.
(c) Special rule.
(d) Procedure for assessing penalty.
6304. Injunctive enforcement.
6305. Citizen suits.
(a) Civil actions; jurisdiction.
(b) Limitation.
(c) Right to intervene.
(d) Award of costs of litigation.
(e) Preservation of other relief.
(f) Compliance in good faith.
6306. Administrative procedure and judicial review.
(a) Procedure for prescription of rules.
(b) Petition by persons adversely affected by
rules; effect on other laws.
(c) Jurisdiction.
6307. Consumer education.
(a) In general.
(b) State and local incentive programs.
6308. Annual report.
6309. Authorization of appropriations.
(a) Authorizations for Secretary.
(b) Authorizations for Commission.
(c) Other authorizations.
PART A-1 - CERTAIN INDUSTRIAL EQUIPMENT
6311. Definitions.
6312. Purposes and coverage.
(a) Congressional statement of purpose.
(b) Inclusion of industrial equipment as covered
equipment.
(c) Inclusion of component parts of consumer
products as industrial equipment.
6313. Standards.
(a) Small and large commercial package air
conditioning and heating equipment, packaged
terminal air conditioners and heat pumps,
warm-air furnaces, packaged boilers, storage
water heaters, instantaneous water heaters,
and unfired hot water storage tanks.
(b) Electric motors.
6314. Test procedures.
(a) Prescription by Secretary; requirements.
(b) Publication in Federal Register; presentment of
oral and written data, views, and arguments by
interested persons.
(c) Reevaluations.
(d) Prohibited representations.
(e) Assistance by National Institute of Standards
and Technology.
6315. Labeling.
(a) Prescription by Secretary.
(b) Disclosure of energy efficiency of articles of
covered equipment.
(c) Inclusion of requirements.
(d) Labeling rules applicable to electric motors.
(e) Labeling rules for air conditioning and heating
equipment.
(f) Consultation with Federal Trade Commission.
(g) Publication in Federal Register; presentment of
oral and written data, views, and arguments of
interested persons.
(h) Restrictions on Secretary's authority to
promulgate rules.
(i) Tests for accuracy of information contained on
labels.
(j) Products completed prior to effective date of
rules.
(k) Labeling authority under Federal Trade
Commission Act.
6316. Administration, penalties, enforcement, and
preemption.
6317. Energy conservation standards for high-intensity
discharge lamps, distribution transformers, and small
electric motors.
(a) High-intensity discharge lamps and distribution
transformers.
(b) Small electric motors.
(c) Consideration of criteria under other law.
(d) Prescription of labeling requirements by
Secretary.
(e) Compliance by manufacturers with labeling
requirements.
(f) New covered products; distribution of
non-conforming products prohibited;
construction with other law.
PART B - STATE ENERGY CONSERVATION PLANS
6321. Congressional findings and declaration of purpose.
6322. State energy conservation plans.
(a) Feasibility reports.
(b) Guidelines.
(c) Mandatory features of plans.
(d) Optional features of plans.
(e) Standby plans.
(f) Energy Technology Commercialization Services
Program.
6323. Federal assistance to States.
(a) Information, technical assistance, and
assistance in preparation of reports and
development, implementation, or modification
of energy conservation plan.
(b) Financial assistance to assist State in
development, implementation, or modification
of energy conservation plan; submission of
plan to and approval of Secretary;
considerations governing approval; amount of
assistance.
(c) Records.
(d) Assistance as supplementing and not supplanting
State and local funds.
(e) Energy emergency planning program as
prerequisite to assistance.
(f) State buildings energy efficiency improvements
incentive fund.
6323a. Matching State contributions.
6324. State energy efficiency goals.
6325. General provisions.
(a) Rules.
(b) Departmental consultation.
(c) Annual report.
(d) Duty of Federal Trade Commission to prevent
unfair or deceptive practices or acts relating
to implementation of energy measures.
(e) List of energy measures eligible for financial
assistance; designation of types and
requirements of energy audits.
(f) Authorization of appropriations.
(g) State Energy Advisory Board.
6326. Definitions.
6327. Repealed.
PART C - INDUSTRIAL ENERGY CONSERVATION
6341 to 6347. Repealed or Omitted.
6348. Energy efficiency in industrial facilities.
(a) Grant program.
(b) Award program.
(c) Report on industrial reporting and voluntary
targets.
6349. Process-oriented industrial energy efficiency.
(a) Definitions.
(b) Grant program.
(c) Other Federal assistance.
(d) Authorization of appropriations.
6350. Industrial insulation and audit guidelines.
(a) Voluntary guidelines for energy efficiency
auditing and insulating.
(b) Educational and technical assistance.
PART D - OTHER FEDERAL ENERGY CONSERVATION MEASURES
6361. Federal energy conservation programs.
(a) Establishment and coordination of Federal
agency actions.
(b) Public education programs.
(c) Omitted.
(d) Applicability of plan to Executive agencies.
(e) Authorization of appropriations.
6362. Energy conservation policies and practices.
(a) "Agency" defined.
(b) Statement of probable impact of major
regulatory action on energy efficiency.
(c) Application of provisions to authority
exercised to protect public health and safety.
6363. Federal actions with respect to recycled oil.
(a) Purpose.
(b) Definitions.
(c) Test procedures for determining substantial
equivalency of recycled oil and new oil.
(d) Promulgation of rules prescribing test
procedures and labeling standards.
(e) Labeling standards.
(f) Conformity of acts of Federal officials to
Commission rules.
PART E - ENERGY CONSERVATION PROGRAM FOR SCHOOLS AND HOSPITALS
6371. Definitions.
6371a. Guidelines.
(a) Energy audits.
(b) State plans for implementation of energy
conservation projects in schools and
hospitals.
(c) Revisions.
(d) Determination of severe hardship class for
schools and hospitals.
6371b. Preliminary energy audits and energy audits.
(a) Application by Governor.
(b) Grants for conduct of preliminary energy
audits.
(c) Grants for conduct of energy audits.
(d) Audits conducted prior to grant of financial
assistance.
(e) Restriction on use of funds; grant covering
total cost of energy audits.
6371c. State plans.
(a) Invitation to State energy agency to submit
plan; contents.
(b) Approval of plans.
(c) Development and implementation of approved
plans; submission of proposed State plan.
6371d. Applications for financial assistance.
(a) Limitation on number of applications by States,
schools, and hospitals; submittal to State
energy agency.
(b) Required information.
(c) Conditions for financial assistance;
applications consistent with related State
programs and health plans.
(d) Compliance required for approval; reasons for
disapproval; resubmittal; amendment.
(e) Suspension of further assistance for failure to
comply.
6371e. Grants for project costs and technical assistance.
(a) Authorization of Secretary; project costs.
(b) Restrictions on use of funds.
(c) Allocation requirements.
(d) Technical assistance costs.
6371f. Authorization of appropriations.
6371g. Allocation of grants.
(a) Section 6371e grants.
(b) Restrictions on allocations to States.
(c) Prescription of rules governing allocations
among States with regard to energy audits.
(d) Prescription of rules limiting allocations to
States for administrative expenses.
(e) Reallocations.
6371h. Administration; detailed description in annual report.
6371i. Records.
6371j. Application of sections 3141-3144, 3146, and 3147 of
title 40.
PART F - ENERGY CONSERVATION PROGRAM FOR BUILDINGS OWNED BY UNITS
OF LOCAL GOVERNMENT AND PUBLIC CARE INSTITUTIONS
6372. Definitions.
6372a. Guidelines.
(a) Energy audits.
(b) Implementation of technical assistance
programs.
(c) Revisions.
6372b. Preliminary energy audits and energy audits.
(a) Application by Governor.
(b) Grants for conduct of preliminary energy
audits.
(c) Application by Governor, unit of local
government or public care institution.
(d) Grants for conduct of energy audits.
(e) Audits conducted prior to grant of financial
assistance.
(f) Restriction on use of funds.
6372c. State plans.
6372d. Applications for grants for technical assistance.
(a) Limitation on number of applications by units
of local government and public care
institutions; submittal to State energy
agency.
(b) Required information.
(c) Compliance required for approval; reasons for
disapproval; resubmittal; amendment.
(d) Suspension of further assistance for failure to
comply.
6372e. Grants for technical assistance.
(a) Authorization of Secretary.
(b) Restriction on use of funds.
(c) Allocation requirements.
(d) Prescription of rules limiting allocations to
States for administrative expenses.
6372f. Authorization of appropriations.
6372g. Allocation of grants.
6372h. Administration; detailed description in annual report.
6372i. Records.
PART G - OFF-HIGHWAY MOTOR VEHICLES
6373. Off-highway motor vehicles.
PART H - ENCOURAGING USE OF ALTERNATIVE FUELS
6374. Alternative fuel use by light duty Federal vehicles.
(a) Department of Energy program.
(b) Studies.
(c) Availability to public.
(d) Federal agency use of demonstration vehicles.
(e) Detail of personnel.
(f) Exemptions.
(g) Definitions.
(h) Funding.
6374a. Alternative fuels truck commercial application
program.
(a) Establishment.
(b) Funding.
6374b. Alternative fuels bus program.
(a) Testing.
(b) Funding.
(c) "Bus" defined.
6374c. Omitted.
6374d. Studies and reports.
(a) Methanol study.
(b) Omitted.
(c) Public participation.
SUBCHAPTER IV - GENERAL PROVISIONS
PART A - ENERGY DATA BASE AND ENERGY INFORMATION
6381. Verification examinations.
(a) Authority of Comptroller General.
(b) Request for examination.
(c) Definitions.
6382. Powers and duties of Comptroller General.
(a) Subpenas; discovery and inspection; oaths;
search.
(b) Information in possession of Federal agencies.
(c) Transmission of examination results to Federal
agencies.
(d) Report to Congressional committees.
(e) Disclosure of geological or geophysical
information.
6383. Accounting practices.
(a) Development by Securities and Exchange
Commission; time of taking effect.
(b) Consultation with Secretary, General Accounting
Office and Federal Energy Regulatory
Commission; rules; reliance on practices
developed by Financial Accounting Standards
Board; opportunity to submit written comment.
(c) Requirements for accounting practices.
6384. Enforcement.
(a) Civil penalties.
(b) Jurisdiction; process.
(c) Securing compliance with subpena.
6385. Petroleum product information.
PART B - GENERAL PROVISIONS
6391. Prohibited actions.
(a) Unreasonable classifications and
differentiations.
(b) Unreasonably disproportionate share of burdens
between segments of business community.
(c) Authorities to which section applies.
6392. Repealed.
6393. Administrative procedure and judicial review.
6394. Prohibited acts.
6395. Enforcement.
(a) Civil penalty.
(b) Penalty for willful violation.
(c) Penalty for violation after having been
subjected to civil penalty for prior
violation.
(d) Injunction action by Attorney General.
(e) Private right of action.
6396. State laws or programs.
6397. Repealed.
6398. Authorization of appropriations.
6399. Intrastate natural gas.
6400. Limitation on loan guarantees.
6401. Repealed.
PART C - CONGRESSIONAL REVIEW
6421. Procedure for Congressional review of Presidential
requests to implement certain authorities.
(a) "Energy action" defined.
(b) Transmittal of energy action to Congress.
(c) Effective date of energy action.
(d) Computation of period.
(e) Provision in energy action for later effective
date.
(f) Resolutions with respect to energy action.
6422. Expedited procedure for Congressional consideration of
certain authorities.
(a) Contingency plan identification number;
transmittal of plan to Congress.
(b) Necessity of Congressional resolution within
certain period for plan to be considered
approved.
(c) Computation of period.
(d) Resolution with respect to contingency plan.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 7135, 7194, 7521, 8255 of
this title; title 15 section 719j.
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