Notes on 42 U.S.C. § 6201 : US Code - Notes

Search Notes on 42 U.S.C. § 6201 : US Code - Notes

(Pub. L. 94-163, Sec. 2, Dec. 22, 1975, 89 Stat. 874; Pub. L. 102-
486, title I, Sec. 123(a), Oct. 24, 1992, 106 Stat. 2817; Pub. L.
106-469, title I, Sec. 102, Nov. 9, 2000, 114 Stat. 2029.)
REFERENCES IN TEXT
This chapter, referred to in introductory clause, was in the
original "this Act", meaning Pub. L. 94-163, Dec. 22, 1975, 89
Stat. 871, as amended, known as the Energy Policy and Conservation
Act. For complete classification of this Act to the Code, see Short
Title note set out below and Tables.
AMENDMENTS
2000 - Par. (1). Pub. L. 106-469, Sec. 102(1), struck out
"standby" after "grant specific" and ", subject to congressional
review, to impose rationing, to reduce demand for energy through
the implementation of energy conservation plans, and" after "the
President".
Par. (3). Pub. L. 106-469, Sec. 102(2), struck out par. (3) which
read as follows: "to increase the supply of fossil fuels in the
United States, through price incentives and production
requirements;".
Par. (6). Pub. L. 106-469, Sec. 102(2), struck out par. (6) which
read as follows: "to reduce the demand for petroleum products and
natural gas through programs designed to provide greater
availability and use of this Nation's abundant coal resources;".
1992 - Par. (8). Pub. L. 102-486 added par. (8).
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-469, Sec. 1, Nov. 9, 2000, 114 Stat. 2029, provided
that: "This Act [see Tables for classification] may be cited as the
'Energy Act of 2000'."
Pub. L. 106-469, title I, Sec. 101, Nov. 9, 2000, 114 Stat. 2029,
provided that: "This title [amending this section and sections
6231, 6232, 6234, 6239 to 6241, 6245 to 6247, 6249, 6249a, 6251,
6276 and 6285 of this title, repealing sections 6211, 6214, 6233,
6235 to 6238, 6244, 6249b, 6261 to 6264, 6281 and 6282 of this
title, and repealing provisions set out as notes under section 2071
of Title 50, Appendix, War and National Defense] may be cited as
the 'Energy Policy and Conservation Act Amendments of 2000'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-388, Sec. 1, Nov. 13, 1998, 112 Stat. 3477, provided
that: "This Act [enacting section 13220 of this title, amending
sections 2296a, 2296a-2, 2297g-1, 6241, 6291, 6292, 6294, 6295,
6306, 6316, 6322, 6325, 6371, 6371c, 6371f, 6371i, 6372c, 6372h,
6374, 6383, 6422, 6802, 6872, 8217, 8231, 8235e, 8259, 8287, 8287c,
and 13218 of this title and section 3503 of Title 25, Indians,
enacting provisions set out as notes under section 6241 of this
title, and amending and repealing provisions set out as notes under
section 2071 of Title 50, Appendix, War and National Defense] may
be cited as the 'Energy Conservation Reauthorization Act of 1998'."
SHORT TITLE OF 1994 AMENDMENTS
Pub. L. 103-406, Sec. 1, Oct. 22, 1994, 108 Stat. 4209, provided:
"That this Act [amending sections 6251 and 6285 of this title and
enacting provisions set out as a note below] may be cited as the
'Energy Policy and Conservation Act Amendments Act of 1994'."
Pub. L. 103-406, title I, Sec. 101, Oct. 22, 1994, 108 Stat.
4209, provided that: "This title [amending sections 6251 and 6285
of this title] may be cited as the 'Energy Policy and Conservation
Act Amendments of 1994'."
SHORT TITLE OF 1990 AMENDMENTS
Pub. L. 101-440, Sec. 1, Oct. 18, 1990, 104 Stat. 1006, provided
that: "This Act [amending sections 6322, 6323, 6324 to 6326, 6371,
6371e, 6371f, 6861 to 6865, 6871, and 6872 of this title and
repealing section 6327 of this title] may be cited as the 'State
Energy Efficiency Programs Improvement Act of 1990'."
Pub. L. 101-383, Sec. 1, Sept. 15, 1990, 104 Stat. 727, provided
that: "This Act [enacting sections 6249 to 6249c of this title,
amending sections 6202, 6232, 6239 to 6241, 6247, 6251, and 6285 of
this title, and amending provisions set out as a note under section
2071 of Title 50, Appendix, War and National Defense] may be
referred to as the 'Energy Policy and Conservation Act Amendments
of 1990'."
Pub. L. 101-360, Sec. 1, Aug. 10, 1990, 104 Stat. 421, provided:
"That this Act [amending sections 6251 and 6285 of this title and
provisions set out as a note under section 2071 of Title 50,
Appendix, War and National Defense] may be referred to as the
'Energy Policy and Conservation Act Short-Term Extension Amendment
of 1990'."
Pub. L. 101-262, Sec. 1, Mar. 31, 1990, 104 Stat. 124, provided:
"That this Act [amending sections 6251 and 6285 of this title and
provisions set out as a note under section 2071 of Title 50,
Appendix, War and National Defense] may be referred to as the
'Energy Policy and Conservation Act Extension Amendment of 1990'."
SHORT TITLE OF 1988 AMENDMENTS
Pub. L. 100-494, Sec. 1, Oct. 14, 1988, 102 Stat. 2441, provided
that: "This Act [enacting sections 6374 to 6374d of this title and
section 2013 of Title 15, Commerce and Trade, amending sections
2001, 2002, and 2006 of Title 15, and enacting provisions set out
as notes under section 6374 of this title and sections 2006, 2013,
and 2512 of Title 15] may be cited as the 'Alternative Motor Fuels
Act of 1988'."
Pub. L. 100-357, Sec. 1, June 28, 1988, 102 Stat. 671, provided
that: "This Act [amending sections 6291 to 6295 and 6297 of this
title] may be referred to as the 'National Appliance Energy
Conservation Amendments of 1988'."
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100-12, Sec. 1, Mar. 17, 1987, 101 Stat. 103, provided
that: "This Act [amending sections 6291 to 6297, 6299, 6302, 6303,
6305, 6306, 6308, and 6309 of this title] may be referred to as the
'National Appliance Energy Conservation Act of 1987'."
SHORT TITLE OF 1985 AMENDMENT
Pub. L. 99-58, Sec. 1, July 2, 1985, 99 Stat. 102, provided that:
"This Act [enacting sections 6251, 6264, 6285, and 7277 of this
title, amending sections 6239, 6240, 6241, 6247, and 6272 of this
title, repealing section 6401 of this title, enacting provisions
set out as notes under section 7277 of this title, and amending
provisions set out as a note under section 2071 of Title 50,
Appendix, War and National Defense] may be cited as the 'Energy and
Conservation Amendments Act of 1985'."
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-370, Sec. 1, July 18, 1984, 98 Stat. 1211, provided:
"That this Act [enacting section 6276 of this title and a provision
set out as a note under section 627] may be cited as the 'Renewable
Energy Industry Development Act of 1983'."
SHORT TITLE OF 1982 AMENDMENT
Pub. L. 97-229, Sec. 1, Aug. 3, 1982, 96 Stat. 248, provided
that: "This Act [enacting sections 6281, 6282, and 6385 of this
title, amending sections 6239, 6240, 6247, 6271, and 6272 of this
title, and enacting provisions set out as notes under sections
6234, 6240, and 6245 of this title] may be cited as the 'Energy
Emergency Preparedness Act of 1982'."
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97-35, title X, Sec. 1031, Aug. 13, 1981, 95 Stat. 618,
provided that: "This subtitle [subtitle C (Secs. 1031-1038) of
title X of Pub. L. 97-35, enacting section 6247 of this title,
amending sections 6240, 6245, and 6246 of this title, and enacting
visions set out as notes under sections 6231, 6240, and 6247 of
this title] may be cited as the 'Strategic Petroleum Reserve
Amendments Act of 1981'."
SHORT TITLE
Section 1 of Pub. L. 94-163 provided in part: "That this Act
[enacting this chapter and sections 757 to 760h and 2001 to 2012 of
Title 15, Commerce and Trade, amending sections 753, 754, 755, 792,
796, and 1901 of Title 15 and section 2071 of the Appendix to Title
50, War and National Defense, enacting provisions set out as notes
under this section, sections 753 and 796 of Title 15, and section
2071 of Title 50 App., and repealing provisions formerly set out as
a note under section 1904 of Title 12, Banks and Banking] may be
cited as the 'Energy Policy and Conservation Act'."
NATIONAL OIL HEAT RESEARCH ALLIANCE
Pub. L. 106-469, title VII, Nov. 9, 2000, 114 Stat. 2043, as
amended by Pub. L. 109-58, title III, Sec. 302, Aug. 8, 2005, 119
Stat. 685, provided that:
"SEC. 701. SHORT TITLE.
"This title may be cited as the 'National Oilheat Research
Alliance Act of 2000'.
"SEC. 702. FINDINGS.
"Congress finds that -
"(1) oilheat is an important commodity relied on by
approximately 30,000,000 Americans as an efficient and economical
energy source for commercial and residential space and hot water
heating;
"(2) oilheat equipment operates at efficiencies among the
highest of any space heating energy source, reducing fuel costs
and making oilheat an economical means of space heating;
"(3) the production, distribution, and marketing of oilheat and
oilheat equipment plays a significant role in the economy of the
United States, accounting for approximately $12,900,000,000 in
expenditures annually and employing millions of Americans in all
aspects of the oilheat industry;
"(4) only very limited Federal resources have been made
available for oilheat research, development, safety, training,
and education efforts, to the detriment of both the oilheat
industry and its 30,000,000 consumers; and
"(5) the cooperative development, self-financing, and
implementation of a coordinated national oilheat industry program
of research and development, training, and consumer education is
necessary and important for the welfare of the oilheat industry,
the general economy of the United States, and the millions of
Americans that rely on oilheat for commercial and residential
space and hot water heating.
"SEC. 703. DEFINITIONS.
"In this title:
"(1) Alliance. - The term 'Alliance' means a national oilheat
research alliance established under section 704.
"(2) Consumer education. - The term 'consumer education' means
the provision of information to assist consumers and other
persons in making evaluations and decisions regarding oilheat and
other nonindustrial commercial or residential space or hot water
heating fuels.
"(3) Exchange. - The term 'exchange' means an agreement that -
"(A) entitles each party or its customers to receive oilheat
from the other party; and
"(B) requires only an insubstantial portion of the volumes
involved in the exchange to be settled in cash or property
other than the oilheat.
"(4) Industry trade association. - The term 'industry trade
association' means an organization described in paragraph (3) or
(6) of section 501(c) of the Internal Revenue Code of 1986 [26
U.S.C. 501(c)(3), (6)] that is exempt from taxation under section
501(a) of that Code and is organized for the purpose of
representing the oilheat industry.
"(5) No. 1 distillate. - The term 'No. 1 distillate' means fuel
oil classified as No. 1 distillate by the American Society for
Testing and Materials.
"(6) No. 2 dyed distillate. - The term 'No. 2 dyed distillate'
means fuel oil classified as No. 2 distillate by the American
Society for Testing and Materials that is indelibly dyed in
accordance with regulations prescribed by the Secretary of the
Treasury under section 4082(a)(2) of the Internal Revenue Code of
1986 [26 U.S.C. 4082(a)(2)].
"(7) Oilheat. - The term 'oilheat' means -
"(A) No. 1 distillate; and
"(B) No. 2 dyed distillate,
that is used as a fuel for nonindustrial commercial or
residential space or hot water heating.
"(8) Oilheat industry. -
"(A) In general. - The term 'oilheat industry' means -
"(i) persons in the production, transportation, or sale of
oilheat; and
"(ii) persons engaged in the manufacture or distribution of
oilheat utilization equipment.
"(B) Exclusion. - The term 'oilheat industry' does not
include ultimate consumers of oilheat.
"(9) Public member. - The term 'public member' means a member
of the Alliance described in section 705(c)(1)(F).
"(10) Qualified industry organization. - The term 'qualified
industry organization' means the National Association for Oilheat
Research and Education or a successor organization.
"(11) Qualified state association. - The term 'qualified State
association' means the industry trade association or other
organization that the qualified industry organization or the
Alliance determines best represents retail marketers in a State.
"(12) Retail marketer. - The term 'retail marketer' means a
person engaged primarily in the sale of oilheat to ultimate
consumers.
"(13) Secretary. - The term 'Secretary' means the Secretary of
Energy.
"(14) Wholesale distributor. - The term 'wholesale distributor'
means a person that -
"(A)(i) produces No. 1 distillate or No. 2 dyed distillate;
"(ii) imports No. 1 distillate or No. 2 dyed distillate; or
"(iii) transports No. 1 distillate or No. 2 dyed distillate
across State boundaries or among local marketing areas; and
"(B) sells the distillate to another person that does not
produce, import, or transport No. 1 distillate or No. 2 dyed
distillate across State boundaries or among local marketing
areas.
"(15) State. - The term 'State' means the several States,
except the State of Alaska.
"SEC. 704. REFERENDA.
"(a) Creation of Program. -
"(1) In general. - The oilheat industry, through the qualified
industry organization, may conduct, at its own expense, a
referendum among retail marketers and wholesale distributors for
the establishment of a national oilheat research alliance.
"(2) Reimbursement of cost. - The Alliance, if established,
shall reimburse the qualified industry organization for the cost
of accounting and documentation for the referendum.
"(3) Conduct. - A referendum under paragraph (1) shall be
conducted by an independent auditing firm.
"(4) Voting rights. -
"(A) Retail marketers. - Voting rights of retail marketers in
a referendum under paragraph (1) shall be based on the volume
of oilheat sold in a State by each retail marketer in the
calendar year previous to the year in which the referendum is
conducted or in another representative period.
"(B) Wholesale distributors. - Voting rights of wholesale
distributors in a referendum under paragraph (1) shall be based
on the volume of No. 1 distillate and No. 2 dyed distillate
sold in a State by each wholesale distributor in the calendar
year previous to the year in which the referendum is conducted
or in another representative period, weighted by the ratio of
the total volume of No. 1 distillate and No. 2 dyed distillate
sold for nonindustrial commercial and residential space and hot
water heating in the State to the total volume of No. 1
distillate and No. 2 dyed distillate sold in that State.
"(5) Establishment by approval of two-thirds. -
"(A) In general. - Subject to subparagraph (B), on approval
of persons representing two-thirds of the total volume of
oilheat voted in the retail marketer class and two-thirds of
the total weighted volume of No. 1 distillate and No. 2 dyed
distillate voted in the wholesale distributor class, the
Alliance shall be established and shall be authorized to levy
assessments under section 707.
"(B) Requirement of majority of retail marketers. - Except as
provided in subsection (b), the oilheat industry in a State
shall not participate in the Alliance if less than 50 percent
of the retail marketer vote in the State approves establishment
of the Alliance.
"(6) Certification of volumes. - Each person voting in the
referendum shall certify to the independent auditing firm the
volume of oilheat, No. 1 distillate, or No. 2 dyed distillate
represented by the vote of the person.
"(7) Notification. - Not later than 90 days after the date of
the enactment of this title [Nov. 9, 2000], a qualified State
association may notify the qualified industry organization in
writing that a referendum under paragraph (1) will not be
conducted in the State.
"(b) Subsequent State Participation. - The oilheat industry in a
State that has not participated initially in the Alliance may
subsequently elect to participate by conducting a referendum under
subsection (a).
"(c) Termination or Suspension. -
"(1) In general. - On the initiative of the Alliance or on
petition to the Alliance by retail marketers and wholesale
distributors representing 25 percent of the volume of oilheat or
weighted No. 1 distillate and No. 2 dyed distillate in each
class, the Alliance shall, at its own expense, hold a referendum,
to be conducted by an independent auditing firm selected by the
Alliance, to determine whether the oilheat industry favors
termination or suspension of the Alliance.
"(2) Volume percentages required to terminate or suspend. -
Termination or suspension shall not take effect unless
termination or suspension is approved by persons representing
more than one-half of the total volume of oilheat voted in the
retail marketer class or more than one-half of the total volume
of weighted No. 1 distillate and No. 2 dyed distillate voted in
the wholesale distributor class.
"(3) Termination by a state. - A State may elect to terminate
participation by notifying the Alliance that 50 percent of the
oilheat volume in the State has voted in a referendum to
withdraw.
"(d) Calculation of Oilheat Sales. - For the purposes of this
section and section 705, the volume of oilheat sold annually in a
State shall be determined on the basis of information provided by
the Energy Information Administration with respect to a calendar
year or other representative period.
"SEC. 705. MEMBERSHIP.
"(a) Selection. -
"(1) In general. - Except as provided in subsection (c)(1)(C),
the qualified industry organization shall select members of the
Alliance representing the oilheat industry in a State from a list
of nominees submitted by the qualified State association in the
State.
"(2) Vacancies. - A vacancy in the Alliance shall be filled in
the same manner as the original selection.
"(b) Representation. - In selecting members of the Alliance, the
qualified industry organization shall make best efforts to select
members that are representative of the oilheat industry, including
representation of -
"(1) interstate and intrastate operators among retail
marketers;
"(2) wholesale distributors of No. 1 distillate and No. 2 dyed
distillate;
"(3) large and small companies among wholesale distributors and
retail marketers; and
"(4) diverse geographic regions of the country.
"(c) Number of Members. -
"(1) In general. - The membership of the Alliance shall be as
follows:
"(A) One member representing each State with oilheat sales in
excess of 32,000,000 gallons per year.
"(B) If fewer than 24 States are represented under
subparagraph (A), one member representing each of the States
with the highest volume of annual oilheat sales, as necessary
to cause the total number of States represented under
subparagraph (A) and this subparagraph to equal 24.
"(C) Five representatives of retail marketers, one each to be
selected by the qualified State associations of the five States
with the highest volume of annual oilheat sales.
"(D) Five additional representatives of retail marketers.
"(E) Twenty-one representatives of wholesale distributors.
"(F) Six public members, who shall be representatives of
significant users of oilheat, the oilheat research community,
State energy officials, or other groups knowledgeable about
oilheat.
"(2) Full-time owners or employees. - Other than the public
members, Alliance members shall be full-time owners or employees
of members of the oilheat industry, except that members described
in subparagraphs (C), (D), and (E) of paragraph (1) may be
employees of the qualified industry organization or an industry
trade association.
"(d) Compensation. - Alliance members shall receive no
compensation for their service, nor shall Alliance members be
reimbursed for expenses relating to their service, except that
public members, on request, may be reimbursed for reasonable
expenses directly related to participation in meetings of the
Alliance.
"(e) Terms. -
"(1) In general. - Subject to paragraph (4), a member of the
Alliance shall serve a term of 3 years, except that a member
filling an unexpired term may serve a total of 7 consecutive
years.
"(2) Term limit. - A member may serve not more than two full
consecutive terms.
"(3) Former members. - A former member of the Alliance may be
returned to the Alliance if the member has not been a member for
a period of 2 years.
"(4) Initial appointments. - Initial appointments to the
Alliance shall be for terms of 1, 2, and 3 years, as determined
by the qualified industry organization, staggered to provide for
the subsequent selection of one-third of the members each year.
"SEC. 706. FUNCTIONS.
"(a) In General. -
"(1) Programs, projects; contracts and other agreements. - The
Alliance -
"(A) shall develop programs and projects and enter into
contracts or other agreements with other persons and entities
for implementing this title, including programs -
"(i) to enhance consumer and employee safety and training;
"(ii) to provide for research, development, and
demonstration of clean and efficient oilheat utilization
equipment; and
"(iii) for consumer education; and
"(B) may provide for the payment of the costs of carrying out
subparagraph (A) with assessments collected under section 707.
"(2) Coordination. - The Alliance shall coordinate its
activities with industry trade associations and other persons as
appropriate to provide efficient delivery of services and to
avoid unnecessary duplication of activities.
"(3) Activities. -
"(A) Exclusions. - Activities under clause (i) or (ii) of
paragraph (1)(A) shall not include advertising, promotions, or
consumer surveys in support of advertising or promotions.
"(B) Research, development, and demonstration activities. -
"(i) In general. - Research, development, and demonstration
activities under paragraph (1)(A)(ii) shall include -
"(I) all activities incidental to research, development, and
demonstration of clean and efficient oilheat utilization
equipment; and
"(II) the obtaining of patents, including payment of
attorney's fees for making and perfecting a patent
application.
"(ii) Excluded activities. - Research, development, and
demonstration activities under paragraph (1)(A)(ii) shall not
include research, development, and demonstration of oilheat
utilization equipment with respect to which technically
feasible and commercially feasible operations have been
verified, except that funds may be provided for improvements
to existing equipment until the technical feasibility and
commercial feasibility of the operation of those improvements
have been verified.
"(b) Priorities. - In the development of programs and projects,
the Alliance shall give priority to issues relating to -
"(1) research, development, and demonstration;
"(2) safety;
"(3) consumer education; and
"(4) training.
"(c) Administration. -
"(1) Officers; committees; bylaws. - The Alliance -
"(A) shall select from among its members a chairperson and
other officers as necessary;
"(B) may establish and authorize committees and subcommittees
of the Alliance to take specific actions that the Alliance is
authorized to take; and
"(C) shall adopt bylaws for the conduct of business and the
implementation of this title.
"(2) Solicitation of oilheat industry comment and
recommendations. - The Alliance shall establish procedures for
the solicitation of oilheat industry comment and recommendations
on any significant contracts and other agreements, programs, and
projects to be funded by the Alliance.
"(3) Advisory committees. - The Alliance may establish advisory
committees consisting of persons other than Alliance members.
"(4) Voting. - Each member of the Alliance shall have one vote
in matters before the Alliance.
"(d) Administrative Expenses. -
"(1) In general. - The administrative expenses of operating the
Alliance (not including costs incurred in the collection of
assessments under section 707) plus amounts paid under paragraph
(2) shall not exceed 7 percent of the amount of assessments
collected in any calendar year, except that during the first year
of operation of the Alliance such expenses and amounts shall not
exceed 10 percent of the amount of assessments.
"(2) Reimbursement of the secretary. -
"(A) In general. - The Alliance shall annually reimburse the
Secretary for costs incurred by the Federal Government relating
to the Alliance.
"(B) Limitation. - Reimbursement under subparagraph (A) for
any calendar year shall not exceed the amount that the
Secretary determines is twice the average annual salary of one
employee of the Department of Energy.
"(e) Budget. -
"(1) Publication of proposed budget. - Before August 1 of each
year, the Alliance shall publish for public review and comment a
proposed budget for the next calendar year, including the
probable costs of all programs, projects, and contracts and other
agreements.
"(2) Submission to the secretary and congress. - After review
and comment under paragraph (1), the Alliance shall submit the
proposed budget to the Secretary and Congress.
"(3) Recommendations by the secretary. - The Secretary may
recommend for inclusion in the budget programs and activities
that the Secretary considers appropriate.
"(4) Implementation. - The Alliance shall not implement a
proposed budget until the expiration of 60 days after submitting
the proposed budget to the Secretary.
"(f) Records; Audits. -
"(1) Records. - The Alliance shall -
"(A) keep records that clearly reflect all of the acts and
transactions of the Alliance; and
"(B) make the records available to the public.
"(2) Audits. -
"(A) In general. - The records of the Alliance (including fee
assessment reports and applications for refunds under section
707(b)(4)) shall be audited by a certified public accountant at
least once each year and at such other times as the Alliance
may designate.
"(B) Availability of audit reports. - Copies of each audit
report shall be provided to the Secretary, the members of the
Alliance, and the qualified industry organization, and, on
request, to other members of the oilheat industry.
"(C) Policies and procedures. -
"(i) In general. - The Alliance shall establish policies
and procedures for auditing compliance with this title.
"(ii) Conformity with gaap. - The policies and procedures
established under clause (i) shall conform with generally
accepted accounting principles.
"(g) Public Access to Alliance Proceedings. -
"(1) Public notice. - The Alliance shall give at least 30 days'
public notice of each meeting of the Alliance.
"(2) Meetings open to the public. - Each meeting of the
Alliance shall be open to the public.
"(3) Minutes. - The minutes of each meeting of the Alliance
shall be made available to and readily accessible by the public.
"(h) Annual Report. - Each year the Alliance shall prepare and
make publicly available a report that -
"(1) includes a description of all programs, projects, and
contracts and other agreements undertaken by the Alliance during
the previous year and those planned for the current year; and
"(2) details the allocation of Alliance resources for each such
program and project.
"SEC. 707. ASSESSMENTS.
"(a) Rate. - The assessment rate shall be equal to two-tenths-
cent per gallon of No. 1 distillate and No. 2 dyed distillate.
"(b) Collection Rules. -
"(1) Collection at point of sale. - The assessment shall be
collected at the point of sale of No. 1 distillate and No. 2 dyed
distillate by a wholesale distributor to a person other than a
wholesale distributor, including a sale made pursuant to an
exchange.
"(2) Responsibility for payment. - A wholesale distributor -
"(A) shall be responsible for payment of an assessment to the
Alliance on a quarterly basis; and
"(B) shall provide to the Alliance certification of the
volume of fuel sold.
"(3) No ownership interest. - A person that has no ownership
interest in No. 1 distillate or No. 2 dyed distillate shall not
be responsible for payment of an assessment under this section.
"(4) Failure to receive payment. -
"(A) Refund. - A wholesale distributor that does not receive
payments from a purchaser for No. 1 distillate or No. 2 dyed
distillate within 1 year of the date of sale may apply for a
refund from the Alliance of the assessment paid.
"(B) Amount. - The amount of a refund shall not exceed the
amount of the assessment levied on the No. 1 distillate or No.
2 dyed distillate for which payment was not received.
"(5) Importation after point of sale. - The owner of No. 1
distillate or No. 2 dyed distillate imported after the point of
sale -
"(A) shall be responsible for payment of the assessment to
the Alliance at the point at which the product enters the
United States; and
"(B) shall provide to the Alliance certification of the
volume of fuel imported.
"(6) Late payment charge. - The Alliance may establish a late
payment charge and rate of interest to be imposed on any person
who fails to remit or pay to the Alliance any amount due under
this title.
"(7) Alternative collection rules. - The Alliance may
establish, or approve a request of the oilheat industry in a
State for, an alternative means of collecting the assessment if
another means is determined to be more efficient or more
effective.
"(c) Sale for Use Other Than as Oilheat. - No. 1 distillate and
No. 2 dyed distillate sold for uses other than as oilheat are
excluded from the assessment.
"(d) Investment of Funds. - Pending disbursement under a program,
project or contract or other agreement the Alliance may invest
funds collected through assessments, and any other funds received
by the Alliance, only -
"(1) in obligations of the United States or any agency of the
United States;
"(2) in general obligations of any State or any political
subdivision of a State;
"(3) in any interest-bearing account or certificate of deposit
of a bank that is a member of the Federal Reserve System; or
"(4) in obligations fully guaranteed as to principal and
interest by the United States.
"(e) State, Local, and Regional Programs. -
"(1) Coordination. - The Alliance shall establish a program
coordinating the operation of the Alliance with the operator of
any similar State, local, or regional program created under State
law (including a regulation), or similar entity.
"(2) Funds made available to qualified state associations. -
"(A) In general. -
"(i) Base amount. - The Alliance shall make available to
the qualified State association of each State an amount equal
to 15 percent of the amount of assessments collected in the
State.
"(ii) Additional amount. -
"(I) In general. - A qualified State association may request
that the Alliance provide to the association any portion of
the remaining 85 percent of the amount of assessments
collected in the State.
"(II) Request requirements. - A request under this clause
shall -
"(aa) specify the amount of funds requested;
"(bb) describe in detail the specific uses for which the
requested funds are sought;
"(cc) include a commitment to comply with this title in
using the requested funds; and
"(dd) be made publicly available.
"(III) Direct benefit. - The Alliance shall not provide any
funds in response to a request under this clause unless the
Alliance determines that the funds will be used to directly
benefit the oilheat industry.
"(IV) Monitoring; terms, conditions, and reporting
requirements. - The Alliance shall -
"(aa) monitor the use of funds provided under this
clause; and
"(bb) impose whatever terms, conditions, and reporting
requirements that the Alliance considers necessary to
ensure compliance with this title.
"SEC. 708. MARKET SURVEY AND CONSUMER PROTECTION.
"(a) Price Analysis. - Beginning 2 years after establishment of
the Alliance and annually thereafter, the Secretary of Commerce,
using only data provided by the Energy Information Administration
and other public sources, shall prepare and make available to the
Congress, the Alliance, the Secretary of Energy, and the public, an
analysis of changes in the price of oilheat relative to other
energy sources. The oilheat price analysis shall compare indexed
changes in the price of consumer grade oilheat to a composite of
indexed changes in the price of residential electricity,
residential natural gas, and propane on an annual national average
basis. For purposes of indexing changes in oilheat, residential
electricity, residential natural gas, and propane prices, the
Secretary of Commerce shall use a 5-year rolling average price
beginning with the year 4 years prior to the establishment of the
Alliance.
"(b) Authority To Restrict Activities. - If in any year the 5-
year average price composite index of consumer grade oilheat
exceeds the 5-year rolling average price composite index of
residential electricity, residential natural gas, and propane in an
amount greater than 10.1 percent, the activities of the Alliance
shall be restricted to research and development, training, and
safety matters. The Alliance shall inform the Secretary of Energy
and the Congress of any restriction of activities under this
subsection. Upon expiration of 180 days after the beginning of any
such restriction of activities, the Secretary of Commerce shall
again conduct the oilheat price analysis described in subsection
(a). Activities of the Alliance shall continue to be restricted
under this subsection until the price index excess is 10.1 percent
or less.
"SEC. 709. COMPLIANCE.
"(a) In General. - The Alliance may bring a civil action in
United States district court to compel payment of an assessment
under section 707.
"(b) Costs. - A successful action for compliance under this
section may also require payment by the defendant of the costs
incurred by the Alliance in bringing the action.
"SEC. 710. LOBBYING RESTRICTIONS.
"No funds derived from assessments under section 707 collected by
the Alliance shall be used to influence legislation or elections,
except that the Alliance may use such funds to formulate and submit
to the Secretary recommendations for amendments to this title or
other laws that would further the purposes of this title.
"SEC. 711. DISCLOSURE.
"Any consumer education activity undertaken with funds provided
by the Alliance shall include a statement that the activities were
supported, in whole or in part, by the Alliance.
"SEC. 712. VIOLATIONS.
"(a) Prohibition. - It shall be unlawful for any person to
conduct a consumer education activity, undertaken with funds
derived from assessments collected by the Alliance under section
707, that includes -
"(1) a reference to a private brand name;
"(2) a false or unwarranted claim on behalf of oilheat or
related products; or
"(3) a reference with respect to the attributes or use of any
competing product.
"(b) Complaints. -
"(1) In general. - A public utility that is aggrieved by a
violation described in subsection (a) may file a complaint with
the Alliance.
"(2) Transmittal to qualified state association. - A complaint
shall be transmitted concurrently to any qualified State
association undertaking the consumer education activity with
respect to which the complaint is made.
"(3) Cessation of activities. - On receipt of a complaint under
this subsection, the Alliance, and any qualified State
association undertaking the consumer education activity with
respect to which the complaint is made, shall cease that consumer
education activity until -
"(A) the complaint is withdrawn; or
"(B) a court determines that the conduct of the activity
complained of does not constitute a violation of subsection
(a).
"(c) Resolution by Parties. -
"(1) In general. - Not later than 10 days after a complaint is
filed and transmitted under subsection (b), the complaining
party, the Alliance, and any qualified State association
undertaking the consumer education activity with respect to which
the complaint is made shall meet to attempt to resolve the
complaint.
"(2) Withdrawal of complaint. - If the issues in dispute are
resolved in those discussions, the complaining party shall
withdraw its complaint.
"(d) Judicial Review. -
"(1) In general. - A public utility filing a complaint under
this section, the Alliance, a qualified State association
undertaking the consumer education activity with respect to which
a complaint under this section is made, or any person aggrieved
by a violation of subsection (a) may seek appropriate relief in
United States district court.
"(2) Relief. - A public utility filing a complaint under this
section shall be entitled to temporary and injunctive relief
enjoining the consumer education activity with respect to which a
complaint under this section is made until -
"(A) the complaint is withdrawn; or
"(B) the court has determined that the consumer education
activity complained of does not constitute a violation of
subsection (a).
"(e) Attorney's Fees. -
"(1) Meritorious case. - In a case in Federal court in which
the court grants a public utility injunctive relief under
subsection (d), the public utility shall be entitled to recover
an attorney's fee from the Alliance and any qualified State
association undertaking the consumer education activity with
respect to which a complaint under this section is made.
"(2) Nonmeritorious case. - In any case under subsection (d) in
which the court determines a complaint under subsection (b) to be
frivolous and without merit, the prevailing party shall be
entitled to recover an attorney's fee.
"(f) Savings Clause. - Nothing in this section shall limit causes
of action brought under any other law.
"SEC. 713. SUNSET.
"This title shall cease to be effective as of the date that is 9
years after the date on which the Alliance is established."
EX. ORD. NO. 11912. DELEGATION OF AUTHORITIES
Ex. Ord. No. 11912, April 13, 1976, 41 F.R. 15825, as amended by
Ex. Ord. No. 12003, July 20, 1977, 42 F.R. 37523; Ex. Ord. No.
12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20,
1979, 44 F.R. 4323 Ex. Ord. No. 12375, Aug. 4, 1982, 47 F.R. 34105;
Ex. Ord. No. 12919, Sec. 904(a)(7), June 3, 1994, 59 F.R. 29533,
provided:
By virtue of the authority vested in me by the Constitution and
the statutes of the United States of America, including the Energy
Policy and Conservation Act (Public Law 94-163, 89 Stat. 8, 42
U.S.C. 6201 et seq.), the Motor Vehicle Information and Cost
Savings Act, as amended (15 U.S.C. 1901 et seq.), the Defense
Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.),
and section 301 of Title 3 of the United States Code, and as
President of the United States of America, it is hereby ordered as
follows:
Section 1. (a) The Administrator of General Services is
designated and empowered to perform without approval, ratification,
or other action by the President, the functions vested in the
President by Section 510 of the Motor Vehicle Information and Cost
Savings Act, as amended (89 Stat. 915, 15 U.S.C. 2010). The
Administrator shall exercise that authority to ensure that
passenger automobiles acquired by all Executive agencies in each
fiscal year achieve a fleet average fuel economy standard that is
not less than the average fuel economy standard for automobiles
manufactured for the model year which includes January 1 of each
fiscal year.
(b) The Administrator of General Services shall also promulgate
rules which will ensure that each class of nonpassenger automobiles
acquired by all Executive agencies in each fiscal year achieves a
fleet average fuel economy that is not less than the average fuel
economy standard for uch class, established pursuant to Section
502(b) of the Motor Vehicle Information and Cost Savings Act, as
amended (89 Stat. 903, 15 U.S.C. 2002(b)), for the model year which
includes January 1 of such fiscal year. Such rules shall not apply
to nonpassenger automobiles intended for use in combat-related
missions for the Armed Forces or intended for use in law
enforcement work or emergency rescue work. The Administrator may
provide for granting exceptions for individual nonpassenger
automobiles or categories of nonpassenger automobiles as he
determines to be appropriate in terms of energy conservation,
economy, efficiency, or service.
(c) In performing these functions, the Administrator of General
Services shall consult with the Secretary of Transportation and the
Secretary of Energy.
Sec. 2. The Secretary of Commerce is designated and empowered to
perform without approval, ratification, or other action by the
President, the functions vested in the President by section 103 of
the Energy Policy and Conservation Act (89 Stat. 877, 42 U.S.C.
6212). In performing each of these functions, the Secretary of
Commerce shall consult with appropriate Executive agencies, as set
forth in the provisions of section 5(a) of the Export
Administration Act of 1969, as amended (50 U.S.C. App. 2404(a)).
Sec. 3. The Administrator of the Office of Federal Procurement
Policy, in the exercise of his statutory responsibility to provide
overall direction of procurement policy (41 U.S.C. 405), shall,
after consultation with the heads of appropriate agencies,
including those responsible for developing energy conservation and
efficiency standards, and to the extent he considers appropriate
and with due regard to the program activities of the Executive
agencies, provide policy guidance governing the application of
energy conservation and efficiency standards in the Federal
procurement process in accord with section 381(a)(1) of the Energy
Policy and Conservation Act (89 Stat. 939, 42 U.S.C. 6361(a)(1)).
Sec. 4. (a) The Secretary of Energy, in consultation with the
heads of appropriate agencies, is hereby authorized and directed to
develop for the President's consideration, in accord with section
201 of the Energy Policy and Conservation Act (89 Stat. 890, 42
U.S.C. 6261), the energy conservation and rationing contingency
plans prescribed under sections 202 and 203 of the Energy Policy
and Conservation Act (89 Stat. 892, 42 U.S.C. 6262 and 6263).
(b) The Secretary of Energy shall prepare, with the assistance of
the heads of appropriate agencies, for the President's
consideration, the annual reports provided by section 381(c) of the
Energy Policy and Conservation Act (89 Stat. 939, 42 U.S.C.
6361(c)).
Sec. 5. The Secretary of State is hereby delegated the authority
vested in the President by Section 252(c)(1)(A)(iii) of the Energy
Policy and Conservation Act (89 Stat. 895, 42 U.S.C.
6272(c)(1)(A)(iii)).
Sec. 6. The Secretary of Energy is designated and empowered to
perform without approval, ratification, or other action by the
President, the functions vested in the President by:
(a) Section 251 of the Energy Policy and Conservation Act (89
Stat. 894, 42 U.S.C. 6271), except the making of the findings
provided by subparagraph (b)(1)(B) thereof; however, in performing
these functions, the Secretary shall consult with the Secretary of
Commerce with respect to the international allocation of petroleum
products which are within the territorial jurisdiction of the
United States; and provided that the Secretary of Commerce shall
promulgate rules, pursuant to the procedures established by the
Export Administration Act of 1969, as amended [50 App. U.S.C.
former 2401 et seq.], to authorize the export of petroleum and
petroleum products, as may be necessary for implementation of the
obligations of the United States under the International Energy
Program, and in accordance with the rules promulgated under Section
251 of the Energy Policy and Conservation Act by the Secretary
pursuant to this subsection.
(b) Section 253(c) of the Energy Policy and Conservation Act (89
Stat. 898, 42 U.S.C. 6273);
(c) Section 254(a) of the Energy Policy and Conservation Act (89
Stat. 899, 42 U.S.C. 6274(a)), including the receipt of petitions
under section 254(a)(3)(B); provided that, the authority under
section 254(a) may be exercised only after consultation with the
Secretary of State;
(d) Section 254(b) of the Energy Policy and Conservation Act (89
Stat. 900, 42 U.S.C. 6274(b)); provided that, in determining
whether the transmittal of data would prejudice competition or
violate the antitrust laws, the Secretary shall consult with the
Attorney General, and in determining whether the transmittal of
data would be inconsistent with national security interests, he
shall consult with the Secretaries of State and Defense, and the
heads of such other agencies as he deems appropriate;
(e) Section 523(a)(2)(A) of the Energy Policy and Conservation
Act (89 Stat. 962, 42 U.S.C. 6393(a)(2)(A)), but only to the extent
applicable to other functions delegated or assigned by this Order
to the Secretary of Energy.
[Secs. 7 and 8. Revoked by Ex. Ord. No. 12919, Sec. 904(a)(7),
June 3, 1994, 59 F.R. 29533.]
Sec. 9. All orders, regulations, circulars or other directives
issued and all other action taken prior to the date of this order
that would be valid under the authority delegated by this Order,
are hereby confirmed and ratified and shall be deemed to have been
issued under this order.
Sec. 10. (a)(1) The Secretary of Energy, hereinafter referred to
as the Secretary, shall develop, with the concurrence of the
Director of the Office of Management and Budget, and in
consultation with the Secretary of Defense, the Secretary of
Housing and Urban Development, the Administrator of Veterans'
Affairs, the Administrator of General Services, and the heads of
such other Executive agencies as he deems appropriate, the ten-year
plan for energy conservation with respect to Government buildings,
as provided by section 381(a)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6361(a)(2)).
(2) The goals established in subsection (b) shall apply to the
following categories of Federally-owned buildings: (i) office
buildings, (ii) hospitals, (iii) schools, (iv) prison facilities,
(v) multi-family dwellings, (vi) storage facilities, and (vii) such
other categories of buildings for which the Administrator
determines the establishment of energy-efficiency performance goals
is feasible.
(b) The Secretary shall establish requirements and procedures,
which shall be observed by each agency unless a waiver is granted
by the Secretary, designed to ensure that each agency to the
maximum extent practicable aims to achieve the following goals:
(1) For the total of all Federally-owned existing buildings the
goal shall be a reduction of 20 percent in the average annual
energy use per gross square foot of floor area in 1985 from the
average energy use per gross square foot of floor area in 1975.
This goal shall apply to all buildings for which construction was
or design specifications were completed prior to the date of
promulgation of the guidelines pursuant to subsection (d) of this
Section.
(2) For the total of all Federally-owned new buildings the goal
shall be a reduction of 45 percent in the average annual energy
requirement per gross square foot of floor area in 1985 from the
average annual energy use per gross square foot of floor area in
1975. This goal shall apply to all new buildings for which design
specifications are completed after the date of promulgation of the
guidelines pursuant to subsection (d) of this Section.
(c) The Secretary with the concurrence of the Director of the
Office of Management and Budget, in consultation with the heads of
the Executive agencies specified in subsection (a) and the Director
of the National Bureau of Standards, shall establish, for purposes
of developing the ten-year plan, a practical and effective method
for estimating and comparing life cycle capital and operating costs
for Federal buildings, including residential, commercial, and
industrial type categories. Such method shall be consistent with
the Office of Management and Budget Circular No. A-94, and shall be
adopted and used by all agencies in developing their plans pursuant
to subsection (e), annual reports pursuant to subsection (g), and
budget estimates pursuant to subsection (h). For purposes of this
paragraph, the term "life cycle cost" means the total costs of
owning, operating, and maintaining a building over its economic
life, including its fuel and energy costs, determined on the basis
of a systematic evaluation and comparison of alternative building
systems. [References to National Bureau of Standards deemed to
refer to National Institute of Standards and Technology pursuant to
section 5115(c) of Pub. L. 100-418, set out as a Change of Name
note under 15 U.S.C. 271.]
(d) Not later than November 1, 1977, the Secretary, with the
concurrence of the Director of the Office of Management and Budget,
and after consultation with the Administrator of General Services
and the heads of the Executive agencies specified in subsection (a)
shall issue guidelines for the plans to be submitted pursuant to
subsection (e).
(e)(1) The head of each Executive agency that maintains any
existing building or will maintain any new building shall submit no
later than six months after the issuance of guidelines pursuant to
subsection (d), to the Secretary a ten-year plan designed to the
maximum extent practicable to meet the goals in subsection (b) for
the total of existing or new Federal buildings. Such ten-year plans
shall only consider improvements that are cost-effective consistent
with the criteria established by the Director of the Office of
Management and Budget (OMB Circular A-94) and the method
established pursuant to subsection (c) of this Section. The plan
submitted shall specify appropriate energy-saving initiatives and
shall estimate the expected improvements by fiscal year in terms of
specific accomplishments - energy savings and cost savings -
together with the estimated costs of achieving the savings.
(2) The plans submitted shall, to the maximum extent practicable,
include the results of preliminary energy audits of all existing
buildings with over 30,000 gross square feet of space owned and
maintained by Executive agencies. Further, the second annual report
submitted under subsection (g)(2) of this Section shall, to the
maximum extent practicable, include the results of preliminary
energy audits of all existing buildings with more than 5,000 but
not more than 30,000 gross square feet of space. The purpose of
such preliminary energy audits shall be to identify the type, size,
energy use level and major energy using systems of existing Federal
buildings.
(3) The Secretary shall evaluate agency plans relative to the
guidelines established pursuant to subsection (d) for such plans
and relative to the cost estimating method established pursuant to
subsection (c). Plans determined to be deficient by the Secretary
will be returned to the submitting agency head for revision and
resubmission within 60 days.
(4) The head of any Executive agency submitting a plan, should he
disagree with the Secretary's determination with respect to that
plan, may appeal to the Director of the Office of Management and
Budget for resolution of the disagreement.
(f) The head of each agency submitting a plan or revised plan
determined not deficient by the Secretary or, on appeal, by the
Director of the Office of Management and Budget, shall implement
the plan in accord with approved budget estimates.
(g)(1) Each Executive agency shall submit to the Secretary an
overall plan for conserving fuel and energy in all operations of
the agency. This overall plan shall be in addition to and include
any ten-year plan for energy conservation in Government buildings
submitted in accord with Subsection (e).
(2) By July 1 of each year, each Executive agency shall submit a
report to the Secretary on progress made toward achieving the goals
established in the overall plan required by paragraph (1) of this
subsection. The annual report shall include quantitative measures
and accomplishment with respect to energy saving actions taken, the
cost of these actions, the energy saved, the costs saved, and other
benefits realized.
(3) The Secretary shall prepare a consolidated annual report on
Federal government progress toward achieving the goals, including
aggregate quantitative measures of accomplishment as well as
suggested revisions to the ten-year plan, and submit the report to
the President by August 15 of each year.
(h) Each agency required to submit a plan shall submit to the
Director of the Office of Management and Budget with the agency's
annual budget submission, and in accordance with procedures and
requirements that the Director shall establish, estimates for
implementation of the agency's plan. The Director of the Office of
Management and Budget shall consult with the Secretary about the
agency budget estimates.
(i) Each agency shall program its proposed energy conservation
improvements of buildings so as to give the highest priority to the
most cost-effective projects.
(j) No agency of the Federal government may enter into a lease or
a commitment to lease a building the construction of which has not
commenced by the effective date of this Order unless the building
will likely meet or exceed the general goal set forth in subsection
(b)(2).
(k) The provisions of this Section do not apply to housing units
repossessed by the Federal Government.
EXECUTIVE ORDER NO. 12759
Ex. Ord. No. 12759, Apr. 17, 1991, 56 F.R. 16257, as amended by
Ex. Ord. No. 12902, Sec. 701, Mar. 8, 1994, 59 F.R. 11471, which
provided for minimization of petroleum use in Federal facilities,
vehicle fuel efficiency outreach programs, and Federal vehicle fuel
efficiency, was revoked by Ex. Ord. No. 13123, Sec. 604, June 3,
1999, 64 F.R. 30859, set out as a note under section 8251 of this
title.
EXECUTIVE ORDER NO. 12902
Ex. Ord. No. 12902, Mar. 8, 1994, 59 F.R. 11463, which directed
executive agencies to implement programs to reduce energy
consumption, increase energy efficiency, and conserve water, was
revoked by Ex. Ord. No. 13123, Sec. 604, June 3, 1999, 64 F.R.
30859, set out as a note under section 8251 of this title.