Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "42 U.S.C. § 6202"
description: "Definitions"
jurisdiction: "us"
corpus: "united_states_code"
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "77"
chapter_name: "ENERGY CONSERVATION"
section: "6202"
citation: "42 U.S.C. § 6202"
status: "current"
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tags: ["legal", "us-code"]
---
# 42 U.S.C. § 6202 - Definitions
## Text
As used in this chapter:
(1) The term “Secretary” means the Secretary of Energy.
(2) The term “person” includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government and any agency of the United States or any State or political subdivision thereof.
(3) The term “petroleum product” means crude oil, residual fuel oil, or any refined petroleum product (including any natural liquid and any natural gas liquid product).
(4) The term “State” means a State, the District of Columbia, Puerto Rico, the Trust Territory of the Pacific Islands, or any territory or possession of the United States.
(5) The term “United States” when used in the geographical sense means all of the States and the Outer Continental Shelf.
(6) The term “Outer Continental Shelf” has the same meaning as such term has under section 1331 of title 43.
(7) The term “international energy program” means the Agreement on an International Energy Program, signed by the United States on November 18, 1974, including (A) the annex entitled “Emergency Reserves”, (B) any amendment to such Agreement which includes another nation as a party to such Agreement, and (C) any technical or clerical amendment to such Agreement.
(8) The term “severe energy supply interruption” means a national energy supply shortage which the President determines—
(A) is, or is likely to be, of significant scope and duration, and of an emergency nature;
(B) may cause major adverse impact on national safety or the national economy; and
(C) results, or is likely to result, from (i) an interruption in the supply of imported petroleum products, (ii) an interruption in the supply of domestic petroleum products, or (iii) sabotage, an act of terrorism, or an act of God.
(9) The term “antitrust laws” includes—
(A) the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved July 2, 1890 (15 U.S.C. 1, et seq.);
(B) the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914 (15 U.S.C. 12, et seq.);
(C) the Federal Trade Commission Act (15 U.S.C. 41, et seq.);
(D) sections 73 and 74 of the Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purpose”, approved August 27, 1894 (15 U.S.C. 8 and 9); and
(E) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21A).
(10) The term “Federal land” means all lands owned or controlled by the United States, including the Outer Continental Shelf, and any land in which the United States has reserved mineral interests, except lands—
(A) held in trust for Indians or Alaska Natives,
(B) owned by Indians or Alaska Natives with Federal restrictions on the title,
(C) within any area of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National System of Trails, or the Wild and Scenic Rivers System, or
(D) within military reservations.
(Pub. L. 94163, § 3, Dec. 22, 1975, 89 Stat. 874; Pub. L. 95619, title VI, § 691(a), Nov. 9, 1978, 92 Stat. 3287; Pub. L. 98454, title VI, § 601(f), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 101383, § 3(a), Sept. 15, 1990, 104 Stat. 727; Pub. L. 11474, title IV, § 401(b), Nov. 2, 2015, 129 Stat. 589.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in introductory clause, was in the original “this Act”, meaning Pub. L. 94163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. Act approved July 2, 1890, referred to in par. (9)(A), is act July 2, 1890, ch. 647, 26 Stat. 209, known as the Sherman Act, which is classified to sections 1 to 7 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables. Act approved October 15, 1914, referred to in par. (9)(B), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables. The Federal Trade Commission Act, referred to in par. (9)(C), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables. Act of June 19, 1936, chapter 592, referred to in par. (9)(E), is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman Antidiscrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15, Commerce and Trade, and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables.
Amendments2015—Par. (8)(C)(iii). Pub. L. 11474 substituted “sabotage, an act of terrorism, or an act of God” for “sabotage or an act of God”. 1990—Par. (8)(C). Pub. L. 101383 inserted “(i)” before “an interruption” and substituted “(ii) an interruption in the supply of domestic petroleum products, or (iii)” for “or from”. 1984—Par. (4). Pub. L. 98454 inserted reference to Trust Territory of the Pacific Islands. 1978—Par. (1). Pub. L. 95619 substituted definition of “Secretary”, meaning the Secretary of Energy, for definition of “Administrator”, meaning Administrator of the Federal Energy Administration.
Executive Documents
Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
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---
# 42 U.S.C. § 6211 - Repealed. Pub. L. 106469, title I, § 103(1), Nov. 9, 2000, 114 Stat. 2029
## Notes
Section, Pub. L. 94163, title I, § 102, Dec. 22, 1975, 89 Stat. 876; Pub. L. 94385, title I, § 164, Aug. 14, 1976, 90 Stat. 1142; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 95620, title VIII, § 802, Nov. 9, 1978, 92 Stat. 3347, provided for incentives to develop underground coal mines.
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---
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title: "42 U.S.C. § 6212"
description: "Repealed. Pub. L. 114113, div. O, title I, § 101(a), Dec. 18, 2015, 129 Stat. 2987"
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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---
# 42 U.S.C. § 6212 - Repealed. Pub. L. 114113, div. O, title I, § 101(a), Dec. 18, 2015, 129 Stat. 2987
## Notes
Section, Pub. L. 94163, title I, § 103, Dec. 22, 1975, 89 Stat. 877; Pub. L. 9672, § 22(b)(1), Sept. 29, 1979, 93 Stat. 535, related to domestic use of energy supplies and related materials and equipment.
@@ -0,0 +1,61 @@
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title: "42 U.S.C. § 6212a"
description: "Oil exports, safety valve, and maritime security"
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title_number: 42
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---
# 42 U.S.C. § 6212a - Oil exports, safety valve, and maritime security
## Text
(a) Omitted
(b) National policy on oil export restriction Notwithstanding any other provision of law, except as provided in subsections (c) and (d), to promote the efficient exploration, production, storage, supply, marketing, pricing, and regulation of energy resources, including fossil fuels, no official of the Federal Government shall impose or enforce any restriction on the export of crude oil.
(c) Savings clause Nothing in this section limits the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or regulations issued under that Act (other than section 754.2 of title 15, Code of Federal Regulations), the National Emergencies Act (50 U.S.C. 1601 et seq.), part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.),11 See References in Text note below. or any other provision of law that imposes sanctions on a foreign person or foreign government (including any provision of law that prohibits or restricts United States persons from engaging in a transaction with a sanctioned person or government), including a foreign government that is designated as a state sponsor of terrorism, to prohibit exports.
(d) Exceptions and presidential authority (1) In general The President may impose export licensing requirements or other restrictions on the export of crude oil from the United States for a period of not more than 1 year, if—
(A) the President declares a national emergency and formally notices the declaration of a national emergency in the Federal Register;
(B) the export licensing requirements or other restrictions on the export of crude oil from the United States under this subsection apply to 1 or more countries, persons, or organizations in the context of sanctions or trade restrictions imposed by the United States for reasons of national security by the Executive authority of the President or by Congress; or
(C) the Secretary of Commerce, in consultation with the Secretary of Energy, finds and reports to the President that—
(i) the export of crude oil pursuant to this Act has caused sustained material oil supply shortages or sustained oil prices significantly above world market levels that are directly attributable to the export of crude oil produced in the United States; and
(ii) those supply shortages or price increases have caused or are likely to cause sustained material adverse employment effects in the United States.
(2) Renewal Any requirement or restriction imposed pursuant to subparagraph (A) of paragraph (1) may be renewed for 1 or more additional periods of not more than 1 year each.
(Pub. L. 114113, div. O, title I, § 101, Dec. 18, 2015, 129 Stat. 2987.)
## Notes
Editorial Notes
References in TextThe International Emergency Economic Powers Act, referred to in subsec. (c), is title II of Pub. L. 95223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The National Emergencies Act, referred to in subsec. (c), is Pub. L. 94412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables. The Energy Policy and Conservation Act, referred to in subsec. (c), is Pub. L. 94163, Dec. 22, 1975, 89 Stat. 871. Part B of title II of the Act is classified generally to part B (§ 6271 et seq.) of subchapter II of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. The Trading With the Enemy Act, referred to in subsec. (c), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which was classified to sections 1 to 6, 7 to 39 and 41 to 44 of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 53 (§ 4301 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables. This Act, referred to in subsec. (d)(1)(C)(i), is div. O of Pub. L. 114113, Dec. 18, 2015, 129 Stat. 2986. For complete classification of this Act to the Code, see Tables.
Codification Section was enacted as part of the Consolidated Appropriations Act, 2016, and not as part of the Energy Policy and Conservation Act which comprises this chapter. Section is comprised of section 101 of div. O of Pub. L. 114113. Subsec. (a) of section 101 of div. O of Pub. L. 114113 repealed section 6212 of this title. Subsec. (e) of section 101 of div. O of Pub. L. 114113 amended sections 53106 and 53111 of Title 46, Shipping.
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# 42 U.S.C. § 6213 - Certain lease bidding arrangements prohibited
## Text
(a) Promulgation of rule by Secretary of the Interior The Secretary of the Interior shall, not later than 30 days after December 22, 1975, prescribe and make effective a rule which prohibits the bidding for any right to develop crude oil, natural gas, and natural gas liquids on any lands located on the Outer Continental Shelf by any person if more than one major oil company, more than one affiliate of a major oil company, or a major oil company and any affiliate of a major oil company, has or have a significant ownership interest in such person. Such rule shall define affiliate relationships and significant ownership interests.
(b) Definitions As used in this section:
(1) The term “major oil company” means any person who, individually or together with any other person with respect to which such person has an affiliate relationship or significant ownership interest, produced during a prior 6month period specified by the Secretary, an average daily volume of 1,600,000 barrels of crude oil, natural gas liquids equivalents, and natural gas equivalents.
(2) One barrel of natural gas equivalent equals 5,626 cubic feet of natural gas measured at 14.73 pounds per square inch (MSL) and 60 degrees Fahrenheit.
(3) One barrel of natural gas liquids equivalent equals 1.454 barrels of natural gas liquids at 60 degrees Fahrenheit.
(c) Exemptions The Secretary may, in his discretion, consider a request from any person described in subsection (a) of this section for an exemption from the prohibition of this section. In considering any such request, the Secretary may exempt bidding for leases for lands in any area only if the Secretary finds, on the record after opportunity for an agency hearing, that—
(1) such lands have extremely high cost exploration or development problems; and
(2) exploration and development will not occur on such lands unless such exemption is granted.
Findings of the Secretary under this subsection shall be final, and shall not be invalidated unless found to be arbitrary or capricious.
(d) Unitization of producing fields This section shall not be construed to prohibit the unitization of producing fields to increase production or maximize ultimate recovery of oil or natural gas, or both.
(e) Report to Congress covering extension of restrictions on joint bidding The Secretary shall study and report to the Congress, not later than 6 months after December 22, 1975, with respect to the feasibility and desirability of extending the prohibition on joint bidding to—
(1) bidding for any right to develop crude oil, natural gas, and natural gas liquids on Federal lands other than those located on the Outer Continental Shelf; and
(2) bidding for any right to develop coal and oil shale on such lands.
(Pub. L. 94163, title I, § 105, Dec. 22, 1975, 89 Stat. 879; Pub. L. 95372, title II, § 205(c), Sept. 18, 1978, 92 Stat. 646.)
## Notes
Editorial Notes
Amendments1978—Subsec. (c). Pub. L. 95372 substituted “in his discretion, consider a request from any person described in subsection (a) of this section for an exemption from the prohibition of this section” for “by amendment to the rule, exempt bidding for leases for lands located in frontier or other areas determined by the Secretary to be extremely high risk lands or to present unusually high cost exploration, or development, problems” in existing provisions and inserted provisions setting out the requisite finding of the Secretary and making arbitrariness and capriciousness of the Secretarys findings the only bases for invalidation of those findings.
Statutory Notes and Related Subsidiaries
Transfer of Functions Functions of Secretary of the Interior to promulgate regulations under this chapter relating to fostering of competition for Federal leases and to implementation of alternative bidding systems authorized for award of Federal leases transferred to Secretary of Energy by section 7152(b) of this title. Section 7152(b) of this title repealed by Pub. L. 97100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97315, pp. 25, 26, Nov. 5, 1981.
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# 42 U.S.C. § 6214 - Repealed. Pub. L. 106469, title I, § 103(3), Nov. 9, 2000, 114 Stat. 2029
## Notes
Section, Pub. L. 94163, title I, § 106, Dec. 22, 1975, 89 Stat. 880, related to production of oil or gas at the maximum efficient rate and temporary emergency production rate.
@@ -0,0 +1,71 @@
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# 42 U.S.C. § 6215 - Major fuel burning stationary source
## Text
(a) Restrictions on issuance of orders or rules by Governor pursuant to section 7425 of this title No Governor of a State may issue any order or rule pursuant to section 7425 of this title to any major fuel burning stationary source (or class or category thereof)—
(1) prohibiting such source from using fuels other than locally or regionally available coal or coal derivatives, or
(2) requiring such source to enter into a contract (or contracts) for supplies of locally or regionally available coal or coal derivatives.
(b) Petition to President (1) The Governor of any State may petition the President to exercise the Presidents authorities pursuant to section 7425 of this title with respect to any major fuel burning stationary source located in such State.
(2) Any petition under paragraph (1) shall include documentation which could support a finding that significant local or regional economic disruption or unemployment would result from use by such source of—
(A) coal or coal derivatives other than locally or regionally available coal,
(B) petroleum products,
(C) natural gas, or
(D) any combination of fuels referred to in subparagraphs (A) through (C), to comply with the requirements of a State implementation plan pursuant to section 7410 of this title.
(c) Action to be taken by President Within 90 days after the submission of a Governors petition under subsection (b), the President shall either issue an order or rule pursuant to section 7425 of this title or deny such petition, stating in writing his reasons for such denial. In making his determination to issue such an order or rule pursuant to this subsection, the President must find that such order or rule would—
(1) be consistent with section 7425 of this title;
(2) result in no significant increase in the consumption of energy;
(3) not subject the ultimate consumer to significantly higher energy costs; and
(4) not violate any contractual relationship between such source and any supplier or transporter of fuel to such source.
(d) Effect on authority of President to allocate coal or coal derivatives Nothing in subsection (a) or (b) of this section shall affect the authority of the President or the Secretary of the Department of Energy to allocate coal or coal derivatives under any provision of law.
(e) Definitions The terms “major fuel burning stationary source (or class or category thereof)” and “locally or regionally available coal or coal derivatives” shall have the meanings assigned to them for the purposes of section 7425 of this title.
(Pub. L. 94163, title I, § 107, as added Pub. L. 95619, title VI, § 661, Nov. 9, 1978, 92 Stat. 3285; amended Pub. L. 106469, title VI, § 605(b)(2), Nov. 9, 2000, 114 Stat. 2043.)
## Notes
Editorial Notes
Amendments2000—Pub. L. 106469 inserted section catchline.
@@ -0,0 +1,61 @@
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# 42 U.S.C. § 6216 - Annual Home Heating Readiness Reports
## Text
(a) In general On or before September 1 of each year, the Secretary, acting through the Administrator of the Energy Information Agency, shall submit to Congress a Home Heating Readiness Report on the readiness of the natural gas, heating oil and propane industries to supply fuel under various weather conditions, including rapid decreases in temperature.
(b) Contents The Home Heating Readiness Report shall include—
(1) estimates of the consumption, expenditures, and average price per gallon of heating oil and propane and thousand cubic feet of natural gas for the upcoming period of October through March for various weather conditions, with special attention to extreme weather, and various regions of the country;
(2) an evaluation of—
(A) global and regional crude oil and refined product supplies;
(B) the adequacy and utilization of refinery capacity;
(C) the adequacy, utilization, and distribution of regional refined product storage capacity;
(D) weather conditions;
(E) the refined product transportation system;
(F) market inefficiencies; and
(G) any other factor affecting the functional capability of the heating oil industry and propane industry that has the potential to affect national or regional supplies and prices;
(3) recommendations on steps that the Federal, State, and local governments can take to prevent or alleviate the impact of sharp and sustained increases in the price of natural gas, heating oil, and propane; and
(4) recommendations on steps that companies engaged in the production, refining, storage, transportation of heating oil or propane, or any other activity related to the heating oil industry or propane industry, can take to prevent or alleviate the impact of sharp and sustained increases in the price of heating oil and propane.
(c) Information requests The Secretary may request information necessary to prepare the Home Heating Readiness Report from companies described in subsection (b)(4).
(Pub. L. 94163, title I, § 108, as added Pub. L. 106469, title VI, § 605(a), Nov. 9, 2000, 114 Stat. 2042.)
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# 42 U.S.C. § 6217 - Scientific inventory of oil and gas reserves
## Text
(a) In general The Secretary of the Interior, in consultation with the Secretaries of Agriculture and Energy, shall conduct an inventory of all onshore Federal lands. The inventory shall identify—
(1) the United States Geological Survey estimates of the oil and gas resources underlying these lands;
(2) the extent and nature of any restrictions or impediments to the development of the resources, including—
(A) impediments to the timely granting of leases;
(B) post-lease restrictions, impediments, or delays on development for conditions of approval, applications for permits to drill, or processing of environmental permits; and
(C) permits or restrictions associated with transporting the resources for entry into commerce; and
(3) the quantity of resources not produced or introduced into commerce because of the restrictions.
(b) Regular update Once completed, the USGS resource estimates and the surface availability data as provided in subsection (a)(2) shall be regularly updated and made publicly available.
(c) Inventory The inventory shall be provided to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate within 2 years after November 9, 2000.
(d) Assessments Using the inventory, the Secretary of Energy shall make periodic assessments of economically recoverable resources accounting for a range of parameters such as current costs, commodity prices, technology, and regulations.
(Pub. L. 106469, title VI, § 604, Nov. 9, 2000, 114 Stat. 2041; Pub. L. 10958, title III, § 364(a), Aug. 8, 2005, 119 Stat. 723.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Energy Act of 2000, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Amendments2005—Subsec. (a)(1). Pub. L. 10958, § 364(a)(1)(A), struck out “reserve” before “estimates” and “and” after the semicolon. Subsec. (a)(2), (3). Pub. L. 10958, § 364(a)(1)(B), added pars. (2) and (3) and struck out former par. (2) which read as follows: “the extent and nature of any restrictions or impediments to the development of such resources.” Subsec. (b). Pub. L. 10958, § 364(a)(2), substituted “resource” for “reserve” and “publicly” for “publically”. Subsec. (d). Pub. L. 10958, § 364(a)(3), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: “There are authorized to be appropriated such sums as may be necessary to implement this section.”
Statutory Notes and Related Subsidiaries
Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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# 42 U.S.C. § 6231 - Congressional finding and declaration of policy
## Text
(a) The Congress finds that the storage of substantial quantities of petroleum products will diminish the vulnerability of the United States to the effects of a severe energy supply interruption, and provide limited protection from the short-term consequences of interruptions in supplies of petroleum products.
(b) It is the policy of the United States to provide for the creation of a Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products to reduce the impact of disruptions in supplies of petroleum products, to carry out obligations of the United States under the international energy program, and for other purposes as provided for in this chapter.
(Pub. L. 94163, title I, § 151, Dec. 22, 1975, 89 Stat. 881; Pub. L. 106469, title I, § 103(4), Nov. 9, 2000, 114 Stat. 2029.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 94163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
Amendments2000—Subsec. (b). Pub. L. 106469 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “It is hereby declared to be the policy of the United States to provide for the creation of a Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products, but not less than 150 million barrels of petroleum products by the end of the 3-year period which begins on December 22, 1975, for the purpose of reducing the impact of disruptions in supplies of petroleum products or to carry out obligations of the United States under the international energy program. It is further declared to be the policy of the United States to provide for the creation of an Early Storage Reserve, as part of the Reserve, for the purpose of providing limited protection from the impact of near-term disruptions in supplies of petroleum products or to carry out obligations of the United States under the international energy program.”
Statutory Notes and Related Subsidiaries
Study of a Strategic Ethanol ReservePub. L. 99198, title XVII, § 1778, Dec. 23, 1985, 99 Stat. 1659, provided that: “(a) The Secretary of Agriculture shall conduct a study of the cost effectiveness, the economic benefits, and the feasibility of establishing, maintaining, and utilizing a Strategic Ethanol Reserve relative to the existing Strategic Petroleum Reserve. “(b) The study shall be completed within one year after the enactment of this section [Dec. 23, 1985] and shall include, among other considerations—“(1) the benefits and losses related to the U.S. economy, farm income, employment, government commodity programs, and the trade deficit of utilizing a Strategic Ethanol Reserve, as opposed to the Strategic Petroleum Reserve; and “(2) the savings from storing ethanol as opposed to storing the amount of CCC-held grain necessary to produce the ethanol. “(c) If the study shows that the Strategic Ethanol Reserve is cost effective, beneficial to the U.S. economy, and feasible in comparison with the Strategic Petroleum Reserve, the Secretary of Agriculture may establish, maintain, and utilize a Strategic Ethanol Reserve.”
Additional Congressional FindingsPub. L. 9735, title X, § 1032, Aug. 13, 1981, 95 Stat. 618, provided that: “The Congress finds that— “(1) the Strategic Petroleum Reserve should be considered a national security asset; and “(2) enlarging the capacity and filling of the Strategic Petroleum Reserve should be accelerated (to the extent technically and economically practicable) to take advantage of any increased availability of crude oil in the world market from time to time.”
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# 42 U.S.C. § 6232 - Definitions
## Text
As used in this part and part C:
(1) Repealed. Pub. L. 106469, title I, § 103(5)(A), Nov. 9, 2000, 114 Stat. 2029.
(2) The term “importer” means any person who owns, at the first place of storage, any petroleum product imported into the United States.
(3) Repealed. Pub. L. 106469, title I, § 103(5)(A), Nov. 9, 2000, 114 Stat. 2029.
(4) The term “interest in land” means any ownership or possessory right with respect to real property, including ownership in fee, an easement, a leasehold, and any subsurface or mineral rights.
(5) The term “readily available inventories” means stocks and supplies of petroleum products which can be distributed or used without affecting the ability of the importer or refiner to operate at normal capacity; such term does not include minimum working inventories or other unavailable stocks.
(6) The term “refiner” means any person who owns, operates, or controls the operation of any refinery.
(7) Repealed. Pub. L. 106469, title I, § 103(5)(A), Nov. 9, 2000, 114 Stat. 2029.
(8) The term “related facility” means any necessary appurtenance to a storage facility, including pipelines, roadways, reservoirs, and salt brine lines.
(9) The term “Reserve” means the Strategic Petroleum Reserve.
(10) The term “storage facility” means any facility or geological formation which is capable of storing significant quantities of petroleum products.
(11) The term “Strategic Petroleum Reserve” means petroleum products stored in storage facilities pursuant to this part.
(Pub. L. 94163, title I, § 152, Dec. 22, 1975, 89 Stat. 882; Pub. L. 101383, § 6(a)(1), Sept. 15, 1990, 104 Stat. 729; Pub. L. 106469, title I, § 103(5), Nov. 9, 2000, 114 Stat. 2029.)
## Notes
Editorial Notes
Amendments2000—Par. (1). Pub. L. 106469, § 103(5)(A), struck out par. (1) which read as follows: “The term Early Storage Reserve means that portion of the Strategic Petroleum Reserve which consists of petroleum products stored pursuant to section 6235 of this title.” Par. (3). Pub. L. 106469, § 103(5)(A), struck out par. (3) which read as follows: “The term Industrial Petroleum Reserve means that portion of the Strategic Petroleum Reserve which consists of petroleum products owned by importers or refiners and acquired, stored, or maintained pursuant to section 6236 of this title.” Par. (7). Pub. L. 106469, § 103(5)(A), struck out par. (7) which read as follows: “The term Regional Petroleum Reserve means that portion of the Strategic Petroleum Reserve which consists of petroleum products stored pursuant to section 6237 of this title.” Par. (11). Pub. L. 106469, § 103(5)(B), struck out “; such term includes the Industrial Petroleum Reserve, the Early Storage Reserve, and the Regional Petroleum Reserve” before period at end. 1990—Pub. L. 101383 inserted “and part C” after “this part”.
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# 42 U.S.C. § 6233 - Repealed. Pub. L. 106469, title I, § 103(6), Nov. 9, 2000, 114 Stat. 2030
## Notes
Section, Pub. L. 94163, title I, § 153, Dec. 22, 1975, 89 Stat. 882; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to the Strategic Petroleum Reserve Office.
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# 42 U.S.C. § 6234 - Strategic Petroleum Reserve
## Text
(a) Establishment A Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products shall be created pursuant to this part.
(b) Authority of Secretary The Secretary, in accordance with this part, shall exercise authority over the development, operation, and maintenance of the Reserve.
(c) to (e) Repealed. Pub. L. 106469, title I, § 103(7)(C), Nov. 9, 2000, 114 Stat. 2030
(f) Purpose of drawdown and distribution; requests for funds for storage (1) The drawdown and distribution of petroleum products from the Strategic Petroleum Reserve is authorized only under section 6241 of this title, and drawdown and distribution of petroleum products for purposes other than those described in section 6241 of this title shall be prohibited.
(2) In the Secretarys annual budget submission, the Secretary shall request funds for acquisition, transportation, and injection of petroleum products for storage in the Reserve. If no requests for funds are made, the Secretary shall provide a written explanation of the reason therefore.
(Pub. L. 94163, title I, § 154, Dec. 22, 1975, 89 Stat. 882; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 102486, title XIV, § 1402, Oct. 24, 1992, 106 Stat. 2994; Pub. L. 105177, § 1(6), June 1, 1998, 112 Stat. 106; Pub. L. 106469, title I, § 103(7), Nov. 9, 2000, 114 Stat. 2030.)
## Notes
Editorial Notes
Amendments2000—Subsec. (a). Pub. L. 106469, § 103(7)(A), amended subsec. (a) generally. Prior to amendment, subsec. (a) provided for the creation of a Strategic Petroleum Reserve of up to 1 billion barrels of petroleum products and required that the Reserve contain not less than 150 million barrels of petroleum products by the end of the 3-year period beginning on Dec. 22, 1975, and that the President take actions to enlarge the Reserve to 1,000,000,000 barrels as rapidly as possible beginning Oct. 24, 1992. Subsec. (b). Pub. L. 106469, § 103(7)(B), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Secretary, not later than December 15, 1976, shall prepare and transmit to the Congress, in accordance with section 6421 of this title, a Strategic Petroleum Reserve Plan. Such Plan shall comply with the provisions of this section and shall detail the Secretarys proposals for designing, constructing, and filling the storage and related facilities of the Reserve.” Subsecs. (c) to (e). Pub. L. 106469, § 103(7)(C), struck out subsecs. (c) to (e) which related to the levels of crude oil to be stored, plan objectives, and plan provisions. 1998—Subsec. (f). Pub. L. 105177 added subsec. (f). 1992—Subsec. (a). Pub. L. 102486 designated existing provisions as par. (1) and added par. (2). 1978—Subsecs. (b), (d). Pub. L. 95619 substituted “Secretary” and “Secretarys” for “Administrator” and “Administrators”, respectively, meaning Administrator of the Federal Energy Administration, wherever appearing.
Statutory Notes and Related Subsidiaries
Strategic Petroleum Reserve Drawdown PlanPub. L. 97229, § 4(c), Aug. 3, 1982, 96 Stat. 252, required the President to transmit to Congress, on or before Dec. 1, 1982, and as an amendment to the Strategic Petroleum Reserve Plan, a drawdown plan for the Strategic Petroleum Reserve consistent with the requirements of this section, to take effect on the date of transmittal and not be subject to section 6239(e) of this title relating to Congressional review.
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# 42 U.S.C. § 6235 to 6238 - Repealed. Pub. L. 106469, title I, § 103(8)(11), Nov. 9, 2000, 114 Stat. 2030
## Notes
Section 6235, Pub. L. 94163, title I, § 155, Dec. 22, 1975, 89 Stat. 884; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to the Early Storage Reserve.
Section 6236, Pub. L. 94163, title I, § 156, Dec. 22, 1975, 89 Stat. 885; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to the Industrial Petroleum Reserve.
Section 6237, Pub. L. 94163, title I, § 157, Dec. 22, 1975, 89 Stat. 885; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 102486, title XIV, § 1405, Oct. 24, 1992, 106 Stat. 2995, related to the Regional Petroleum Reserve.
Section 6238, Pub. L. 94163, title I, § 158, Dec. 22, 1975, 89 Stat. 886; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to a report on the establishment of Utility Reserves, Coal Reserves, Remote Crude Oil and Natural Gas Reserves.
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# 42 U.S.C. § 6239 - Development, operation, and maintenance of the Reserve
## Text
(a) to (e) Repealed. Pub. L. 106469, title I, § 103(13)(A), Nov. 9, 2000, 114 Stat. 2030
(f) Powers of Secretary to develop and operate the Strategic Petroleum Reserve In order to develop, operate, or maintain the Strategic Petroleum Reserve, the Secretary may—
(1) issue rules, regulations, or orders;
(2) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities;
(3) construct, purchase, lease, or otherwise acquire storage and related facilities;
(4) use, lease, maintain, sell or otherwise dispose of land or interests in land, or of storage and related facilities acquired under this part, under such terms and conditions as the Secretary considers necessary or appropriate;
(5) acquire, subject to the provisions of section 6240 of this title, by purchase, exchange, or otherwise, petroleum products for storage in the Strategic Petroleum Reserve;
(6) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if those facilities are subject to audit by the United States;
(7) execute any contracts necessary to develop, operate, or maintain the Strategic Petroleum Reserve;
(8) bring an action, when the Secretary considers it necessary, in any court having jurisdiction over the proceedings, to acquire by condemnation any real or personal property, including facilities, temporary use of facilities, or other interests in land, together with any personal property located on or used with the land.
(g) Acquisition of property by negotiation as prerequisite to condemnation Before any condemnation proceedings are instituted, an effort shall be made to acquire the property involved by negotiation, unless, the effort to acquire such property by negotiation would, in the judgement of the Secretary be futile or so time-consuming as to unreasonably delay the development of the Strategic Petroleum Reserve, because of (1) reasonable doubt as to the identity of the owners, (2) the large number of persons with whom it would be necessary to negotiate, or (3) other reasons.
(h) , (i) Repealed. Pub. L. 106469, title I, § 103(13)(D), Nov. 9, 2000, 114 Stat. 2031
(j) Expansion beyond 700,000,000 barrels If the Secretary determines expansion beyond 700,000,000 barrels of petroleum product inventory is appropriate, the Secretary shall submit a plan for expansion to the Congress.
(k) Exemption from subtitle IV of title 49 A storage or related facility of the Strategic Petroleum Reserve owned by or leased to the United States is not subject to the Interstate Commerce Act.
(l) Rulemaking during drawdown and sale During a drawdown and sale of Strategic Petroleum Reserve petroleum products, the Secretary may issue implementing rules, regulations, or orders in accordance with section 553 of title 5, without regard to rulemaking requirements in section 6393 of this title, and section 7191 of this title.
(Pub. L. 94163, title I, § 159, Dec. 22, 1975, 89 Stat. 886; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 97229, § 4(b)(1), (2)(B), Aug. 3, 1982, 96 Stat. 251, 252; Pub. L. 9958, title I, § 102(a), July 2, 1985, 99 Stat. 102; Pub. L. 101383, §§ 4(a), 9, 11, Sept. 15, 1990, 104 Stat. 728, 735; Pub. L. 106469, title I, § 103(12), (13), Nov. 9, 2000, 114 Stat. 2030.)
## Notes
Editorial Notes
References in TextThe Interstate Commerce Act, referred to in subsec. (k), is act Feb. 4, 1887, ch. 104, 24 Stat. 379, which was classified generally to chapters 1, 8, 12, 13, and 19 (§§ 1 et seq., 301 et seq., 901 et seq., 1001 et seq., and 1231 et seq., respectively) of former Title 49, Transportation. The Act was repealed (subject to an exception) by Pub. L. 95473, § 4(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49. Section 4(c) of Pub. L. 95473 excepted from repeal those provisions of the Interstate Commerce Act that vested functions in the Interstate Commerce Commission, or the chairman or members of the Commission, related to transportation of oil by pipeline and that were transferred to the Secretary of Energy and the Federal Energy Regulatory Commission by sections 7155 and 7172(b) of this title.
Amendments2000—Pub. L. 106469, § 103(12), amended section catchline generally. Subsecs. (a) to (e). Pub. L. 106469, § 103(13)(A), struck out subsecs. (a) to (e) which related to congressional review and effective date of the Strategic Petroleum Reserve Plan, preparation and transmittal to Congress of proposals for designing, constructing, and filling facilities and of Plan amendments, and 60-day waiting period for effectiveness of amendments. Subsec. (f). Pub. L. 106469, § 103(13)(B), amended subsec. (f) generally. Prior to amendment, subsec. (f) set out powers of the Secretary to implement the Strategic Petroleum Reserve Plan, the Early Storage Reserve Plan, proposals for designing, constructing, and filling facilities, amendments to the Plans, and the storage of petroleum products in interim storage facilities. Subsec. (g). Pub. L. 106469, § 103(13)(C), substituted “development” for “implementation” and struck out “Plan” after “Strategic Petroleum Reserve”. Subsecs. (h), (i). Pub. L. 106469, § 103(13)(D), struck out subsecs. (h) and (i) which related to use of interim storage facilities and environmental considerations for existing facilities, and report to Congress on results of negotiations for enlargement of Strategic Petroleum Reserve to one billion barrels. Subsec. (j). Pub. L. 106469, § 103(13)(E), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “No later than 24 months after September 15, 1990, the Secretary shall amend the Strategic Petroleum Reserve Plan to prescribe plans for completion of storage of one billion barrels of petroleum product in the Reserve. Such amendment shall comply with the provisions of this section and shall detail the Secretarys plans for the design, construction, leasing or other acquisition, and fill of storage and related facilities of the Reserve to achieve such one billion barrels of storage. Such amendment shall not be subject to the congressional review procedures contained in section 6421 of this title. In assessing alternatives in the development of such plans, the Secretary shall consider leasing privately owned storage facilities.” Subsec. (l). Pub. L. 106469, § 103(13)(F), amended subsec. (l) generally. Prior to amendment, subsec. (l) read as follows: “Notwithstanding subsection (d) of this section, during any period in which the Distribution Plan is being implemented, the Secretary may amend the plan and promulgate rules, regulations, or orders to implement such amendments in accordance with section 6393 of this title, without regard to the requirements of section 553 of title 5 and section 7191 of this title. Such amendments shall be transmitted to the Congress together with a statement explaining the need for such amendments.” 1990—Subsecs. (i), (j). Pub. L. 101383, § 4(a), added subsecs. (i) and (j). Subsec. (k). Pub. L. 101383, § 9, added subsec. (k). Subsec. (l). Pub. L. 101383, § 11, added subsec. (l). 1985—Subsec. (e). Pub. L. 9958 amended subsec. (e) generally, substituting provisions directing that amendments transmitted pursuant to subsec. (d) of this section not become effective until 60 days after transmittal except in the case of enumerated presidential determinations for provisions which had formerly empowered Congress to disapprove of transmitted proposals and amendments in accordance with the procedures specified in section 6421 of this title. 1982—Subsec. (f)(5). Pub. L. 97229, § 4(b)(1), added par. (5). Subsec. (h). Pub. L. 97229, § 4(b)(2)(B), added subsec. (h). 1978—Subsecs. (a)(1), (c), (d), (e)(1), (f), (f)(I), (g). Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.
Statutory Notes and Related Subsidiaries
Energy Security and Infrastructure Modernization FundPub. L. 11474, title IV, § 404, Nov. 2, 2015, 129 Stat. 590, as amended by Pub. L. 116136, div. B, title IV, § 14002(a), Mar. 27, 2020, 134 Stat. 526, provided that: “(a) Establishment.—There is hereby established in the Treasury of the United States a fund to be known as the Energy Security and Infrastructure Modernization Fund (referred to in this section as the Fund), consisting of—“(1) collections deposited in the Fund under subsection (c); and “(2) amounts otherwise appropriated to the Fund. “(b) Purpose.—The purpose of the Fund is to provide for the construction, maintenance, repair, and replacement of Strategic Petroleum Reserve facilities. “(c) Collection and Deposit of Sale Proceeds in Fund.—“(1) Drawdown and sale.—Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), to the extent provided in advance in appropriation Acts, the Secretary of Energy shall draw down and sell crude oil from the Strategic Petroleum Reserve in amounts as authorized under subsection (e), except as provided in paragraph (2). Amounts received for a sale under this paragraph shall be deposited into the Fund during the fiscal year in which the sale occurs. Such amounts shall remain available in the Fund without fiscal year limitation. “(2) Emergency protection.—The Secretary shall not draw down and sell crude oil under this subsection in amounts that would limit the authority to sell petroleum products under section 161(h) of the Energy Policy and Conservation Act (42 U.S.C. 6241(h)) in the full amount authorized by that subsection. “(d) Authorized Uses of Fund.—“(1) In general.—Amounts in the Fund may be used for, or may be credited as offsetting collections for amounts used for, carrying out the program described in paragraph (2)(B), to the extent provided in advance in appropriation Acts. “(2) Program to modernize the strategic petroleum reserve.—“(A) Findings.—Congress finds the following:“(i) The Strategic Petroleum Reserve is one of the Nations most valuable energy security assets. “(ii) The age and condition of the Strategic Petroleum Reserve have diminished its value as a Federal energy security asset. “(iii) Global oil markets and the location and amount of United States oil production and refining capacity have dramatically changed in the 40 years since the establishment of the Strategic Petroleum Reserve. “(iv) Maximizing the energy security value of the Strategic Petroleum Reserve requires a modernized infrastructure that meets the drawdown and distribution needs of changed domestic and international oil and refining market conditions. “(B) Program.—The Secretary of Energy shall establish a Strategic Petroleum Reserve modernization program to protect the United States economy from the impacts of emergency product supply disruptions. The program may include—“(i) operational improvements to extend the useful life of surface and subsurface infrastructure; “(ii) maintenance of cavern storage integrity; and “(iii) addition of infrastructure and facilities to optimize the drawdown and incremental distribution capacity of the Strategic Petroleum Reserve. “(e) Authorization of Appropriations.—There are authorized to be appropriated (and drawdowns and sales under subsection (c) in an equal amount are authorized) for carrying out subsection (d)(2)(B), $2,000,000,000 for the period encompassing fiscal years 2017 through 2022. “(f) Transmission of Department Budget Requests.—The Secretary of Energy shall prepare and submit in the Departments annual budget request to Congress—“(1) an itemization of the amounts of funds necessary to carry out subsection (d); and “(2) a designation of any activities thereunder for which a multiyear budget authority would be appropriate. “(g) Sunset.—The authority of the Secretary to draw down and sell crude oil from the Strategic Petroleum Reserve under this section shall expire at the end of fiscal year 2022.”
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# 42 U.S.C. § 6242 - Coordination with import quota system
## Text
No quantitative restriction on the importation of any petroleum product into the United States imposed by law shall apply to volumes of any such petroleum product imported into the United States for storage in the Reserve.
(Pub. L. 94163, title I, § 162, Dec. 22, 1975, 89 Stat. 889.)
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# 42 U.S.C. § 6243 - Records and accounts
## Text
(a) Preparation and maintenance The Secretary may require any person to prepare and maintain such records or accounts as the Secretary, by rule, determines necessary to carry out the purposes of this part.
(b) Audit of operations of storage facility The Secretary may audit the operations of any storage facility in which any petroleum product is stored or required to be stored pursuant to the provisions of this part.
(c) Access to and inspection of records or accounts and storage facilities The Secretary may require access to, and the right to inspect and examine, at reasonable times, (1) any records or accounts required to be prepared or maintained pursuant to subsection (a) and (2) any storage facilities subject to audit by the United States under the authority of this part.
(Pub. L. 94163, title I, § 163, Dec. 22, 1975, 89 Stat. 889; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288.)
## Notes
Editorial Notes
Amendments1978—Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.
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# 42 U.S.C. § 6244 - Repealed. Pub. L. 106469, title I, § 103(16), Nov. 9, 2000, 114 Stat. 2032
## Notes
Section, Pub. L. 94163, title I, § 164, Dec. 22, 1975, 89 Stat. 889; Pub. L. 94258, title I, § 105(a), Apr. 5, 1976, 90 Stat. 305; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, required a report on development of Naval Petroleum Reserve Number 4.
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# 42 U.S.C. § 6245 - Annual report
## Text
The Secretary shall report annually to the President and the Congress on actions taken to implement this part. This report shall include—
(1) the status of the physical capacity of the Reserve and the type and quantity of petroleum products in the Reserve;
(2) an estimate of the schedule and cost to complete planned equipment upgrade or capital investment in the Reserve, including upgrades and investments carried out as part of operational maintenance or extension of life activities;
(3) an identification of any life-limiting conditions or operational problems at any Reserve facility, and proposed remedial actions including an estimate of the schedule and cost of implementing those remedial actions;
(4) a description of current withdrawal and distribution rates and capabilities, and an identification of any operational or other limitations on those rates and capabilities;
(5) a listing of petroleum product acquisitions made in the preceding year and planned in the following year, including quantity, price, and type of petroleum;
(6) a summary of the actions taken to develop, operate, and maintain the Reserve;
(7) a summary of the financial status and financial transactions of the Strategic Petroleum Reserve and Strategic Petroleum Reserve Petroleum Accounts for the year;
(8) a summary of expenses for the year, and the number of Federal and contractor employees;
(9) the status of contracts for development, operation, maintenance, distribution, and other activities related to the implementation of this part;
(10) a summary of foreign oil storage agreements and their implementation status;
(11) any recommendations for supplemental legislation or policy or operational changes the Secretary considers necessary or appropriate to implement this part.
(Pub. L. 94163, title I, § 165, Dec. 22, 1975, 89 Stat. 889; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 9735, title X, § 1035(a), Aug. 13, 1981, 95 Stat. 620; Pub. L. 99509, title III, § 3203, Oct. 21, 1986, 100 Stat. 1890; Pub. L. 10466, title I, § 1051(j), Dec. 21, 1995, 109 Stat. 717; Pub. L. 106469, title I, § 103(17), Nov. 9, 2000, 114 Stat. 2032.)
## Notes
Editorial Notes
Amendments2000—Pub. L. 106469 amended section generally. Prior to amendment, section required the Secretary to report to the President and to Congress, not later than one year after the transmittal of the Strategic Petroleum Reserve Plan to the Congress and each year thereafter, on all actions taken to implement this part. 1995—Pub. L. 10466 struck out subsec. (a) designation before “The Secretary shall”, and struck out subsec. (b) which directed Secretary to report to Congress on activities undertaken with respect to Strategic Petroleum Reserve under the amendments made by Strategic Petroleum Reserve Amendments Act of 1981. 1986—Subsec. (a)(1). Pub. L. 99509 amended par. (1) generally, inserting “, including” in introductory text and adding subpars. (A) to (G). 1981—Pub. L. 9735 designated existing provisions as subsec. (a) and added subsec. (b). 1978—Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Aug. 13, 1981, see section 1038 of Pub. L. 9735, set out as a note under section 6240 of this title.
Reports to Congress on Petroleum Supply InterruptionsPub. L. 97229, § 6, Aug. 3, 1982, 96 Stat. 253, provided that: “(a) Impact Analysis.—(1) The Secretary of Energy shall analyze the impact on the domestic economy and on consumers in the United States of reliance on market allocation and pricing during any substantial reduction in the amount of petroleum products available to the United States. In making such analysis, the Secretary of Energy may consult with the Secretary of the Treasury, the Secretary of Agriculture, the Director of the Office of Management and Budget, and the heads of other appropriate Federal agencies. Such analysis shall—“(A) examine the equity and efficiency of such reliance, “(B) distinguish between the impacts of such reliance on various categories of business (including small business and agriculture) and on households of different income levels, “(C) specify the nature and administration of monetary and fiscal policies that would be followed including emergency tax cuts, emergency block grants, and emergency supplements to income maintenance programs, and “(D) describe the likely impact on the distribution of petroleum products of State and local laws and regulations (including emergency authorities) affecting the distribution of petroleum products. Such analysis shall include projections of the effect of the petroleum supply reduction on the price of motor gasoline, home heating oil, and diesel fuel, and on Federal tax revenues, Federal royalty receipts, and State and local tax revenues. “(2) Within one year after the date of the enactment of this Act [Aug. 3, 1982], the Secretary of Energy shall submit a report to the Congress and the President containing the analysis required by this subsection, including a detailed step-by-step description of the procedures by which the policies specified in paragraph (1)(C) would be accomplished in an emergency, along with such recommendations as the Secretary of Energy deems appropriate. “(b) Strategic Petroleum Reserve Drawdown and Distribution Report.—The President shall prepare and transmit to the Congress, at the time he transmits the drawdown plan pursuant to section 4(c) [section 4(c) of Pub. L. 97229, set out as a note under 42 U.S.C. 6234], a report containing—“(1) a description of the foreseeable situations (including selective and general embargoes, sabotage, war, act of God, or accident) which could result in a severe energy supply interruption or obligations of the United States arising under the international energy program necessitating distributions from the Strategic Petroleum Reserve, and “(2) a description of the strategy or alternative strategies of distribution which could reasonably be used to respond to each situation described under paragraph (1), together with the theory and justification underlying each such strategy. The description of each strategy under paragraph (2) shall include an explanation of the methods which would likely be used to determine the price and distribution of petroleum products from the Reserve in any such distribution, and an explanation of the disposition of revenues arising from sales of any such petroleum products under the strategy. “(c) Regional Reserve Report.—The President or his delegate shall submit to the Congress no later than December 31, 1982, a report regarding the actions taken to comply with the provisions of section 157 of the Energy Policy and Conservation Act (42 U.S.C. 6237). Such report shall include an analysis of the economic benefits and costs of establishing Regional Petroleum Reserves, including—“(1) an assessment of the ability to transport petroleum products to refiners, distributors, and end users within the regions specified in section 157(a) of such Act; “(2) the comparative costs of creating and operating Regional Petroleum Reserves for such regions as compared to the costs of continuing current plans for the Strategic Petroleum Reserve; and “(3) a list of potential sites for Regional Petroleum Reserves. “(d) Strategic Alcohol Fuel Reserve Report.—The Secretary of Energy shall, in consultation with the Secretary of Agriculture, prepare and transmit to the Congress no later than December 31, 1982, a study of the potential for establishing a Strategic Alcohol Fuel Reserve. “(e) Meaning of Terms.—As used in this section, the terms international energy program, petroleum product, Reserve, severe energy supply interruption, and Strategic Petroleum Reserve have the meanings given such terms in sections 3 and 152 of the Energy Policy and Conservation Act (42 U.S.C. 6202 and 6232).”
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# 42 U.S.C. § 6246 - Authorization of appropriations
## Text
There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this part and part D, to remain available until expended.
(Pub. L. 94163, title I, § 166, as added Pub. L. 10958, title III, § 301(a)(1), Aug. 8, 2005, 119 Stat. 683.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6246, Pub. L. 94163, title I, § 166, Dec. 22, 1975, 89 Stat. 890; Pub. L. 9570, § 4, July 21, 1977, 91 Stat. 277; Pub. L. 9735, title X, § 1034(b), Aug. 13, 1981, 95 Stat. 619; Pub. L. 104306, § 1(1), Oct. 14, 1996, 110 Stat. 3810; Pub. L. 105177, § 1(1), June 1, 1998, 112 Stat. 105; Pub. L. 10664, § 1(1), Oct. 5, 1999, 113 Stat. 511; Pub. L. 106469, title I, § 103(18), Nov. 9, 2000, 114 Stat. 2033; Pub. L. 1087, div. F, title III, § 339(a)(1), Feb. 20, 2003, 117 Stat. 278, authorized appropriations for this part, prior to repeal by Pub. L. 10958, title III, § 301(a)(1), Aug. 8, 2005, 119 Stat. 683.
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# 42 U.S.C. § 6247 - SPR Petroleum Account
## Text
(a) Establishment The Secretary of the Treasury shall establish in the Treasury of the United States an account to be known as the “SPR Petroleum Account” (hereinafter in this section referred to as the “Account”).
(b) Obligation of funds for acquisition, transportation, and injection of petroleum products into SPR Amounts in the Account may be obligated by the Secretary of Energy for the acquisition, transportation, and injection of petroleum products into the Strategic Petroleum Reserve, for test sales of petroleum products from the Reserve, and for the drawdown, sale, and delivery of petroleum products from the Reserve—
(1) Repealed. Pub. L. 106469, title I, § 103(19)(A)(ii), Nov. 9, 2000, 114 Stat. 2033;
(2) in the case of any fiscal year, subject to section 7270 of this title, in such aggregate amounts as may be appropriated in advance in appropriation Acts; and
(3) in the case of any fiscal year, notwithstanding section 7270 of this title, in an aggregate amount equal to the aggregate amount of the receipts to the United States from the sale of petroleum products in any drawdown and distribution of the Strategic Petroleum Reserve under section 6241 of this title, including a drawdown and distribution carried out under subsection (g) of such section, or from the sale of petroleum products under section 6240(f) of this title.
Funds available to the Secretary of Energy for obligation under this subsection may remain available without fiscal year limitation.
(c) Provision and deposit of funds The Secretary of the Treasury shall provide and deposit into the Account such sums as may be necessary to meet obligations of the Secretary of Energy under subsection (b).
(d) Off-budgeting procedures The Account, the deposits and withdrawals from the Account, and the transactions, receipts, obligations, outlays associated with such deposits and withdrawals (including petroleum product purchases and related transactions), and receipts to the United States from the sale of petroleum products in any drawdown and distribution of the Strategic Petroleum Reserve under section 6241 of this title, including a drawdown and distribution carried out under subsection (g) of such section, and from the sale of petroleum products under section 6240(f) of this title—
(1) shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States; and
(2) shall not be deemed to be budget authority, spending authority, budget outlays, or Federal revenues for purposes of title III of Public Law 93344, as amended [2 U.S.C. 631 et seq.].
(Pub. L. 94163, title I, § 167, as added Pub. L. 9735, title X, § 1034(a)(1), Aug. 13, 1981, 95 Stat. 619; amended Pub. L. 97229, § 4(b)(2)(A), Aug. 3, 1982, 96 Stat. 251; Pub. L. 9958, title I, § 103(b)(3), (4), July 2, 1985, 99 Stat. 104; Pub. L. 101383, § 5(b)(1), (2), Sept. 15, 1990, 104 Stat. 729; Pub. L. 102486, title XIV, § 1404(b)(1), Oct. 24, 1992, 106 Stat. 2995; Pub. L. 106469, title I, § 103(19), Nov. 9, 2000, 114 Stat. 2033.)
## Notes
Editorial Notes
References in TextPublic Law 93344, as amended, referred to in subsec. (d)(2), is Pub. L. 93344, July 12, 1974, 88 Stat. 297, known as the Congressional Budget and Impoundment Control Act of 1974. Title III of that Act is classified generally to subchapter I (§ 631 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables.
Amendments2000—Subsec. (b). Pub. L. 106469, § 103(19)(A)(i), substituted “for test sales of petroleum products from the Reserve, and for the drawdown, sale,” for “and the drawdown” in introductory provisions. Subsec. (b)(1). Pub. L. 106469, § 103(19)(A)(ii), struck out par. (1) which read as follows: “in the case of fiscal year 1982, in an aggregate amount, not to exceed $3,900,000,000, as may be provided in advance in appropriation Acts;”. Subsec. (b)(2). Pub. L. 106469, § 103(19)(A)(iii), struck out “after fiscal year 1982” after “any fiscal year”. Subsec. (e). Pub. L. 106469, § 103(19)(B), struck out subsec. (e) which read as follows: “(1) Except as provided in paragraph (2), nothing in this part shall be construed to limit the Account from being used to meet expenses relating to interim storage facilities for the storage of petroleum products for the Strategic Petroleum Reserve. “(2) In any fiscal year, amounts in the Account may not be obligated for expenses relating to interim storage facilities in excess of 10 percent of the total amounts in the Account obligated in such fiscal year. If the amount obligated in any fiscal year for interim storage expenses is less than the amount of the 10-percent limit under the preceding sentence for that fiscal year, then the amount of the 10-percent limit applicable in the following fiscal year shall be increased by the amount by which the limit exceeded the amount obligated for such expenses.” 1992—Subsec. (d). Pub. L. 102486 substituted “under subsection (g)” for “subsection (g)”. 1990—Subsec. (b)(3). Pub. L. 101383, § 5(b)(1), inserted before period at end “, or from the sale of petroleum products under section 6240(f) of this title”. Subsec. (d). Pub. L. 101383, § 5(b)(2), inserted “, and from the sale of petroleum products under section 6240(f) of this title” after “subsection (g) of such section”. 1985—Subsec. (b)(3). Pub. L. 9958, § 103(b)(3), inserted “, including a drawdown and distribution carried out under subsection (g) of such section” after “section 6241 of this title”. Subsec. (d). Pub. L. 9958, § 103(b)(4), inserted “, including a drawdown and distribution carried out subsection (g) of such section” after “section 6241 of this title” in provisions preceding par. (1). 1982—Subsec. (e). Pub. L. 97229 added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Aug. 13, 1981, see section 1038 of Pub. L. 9735, set out as an Effective Date of 1981 Amendment note under section 6240 of this title.
Transfer of Funds to SPR Petroleum Account for Drawdown and Sale OperationsPub. L. 106113, div. B, § 1000(a)(3) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A180, provided in part: “That the Secretary of Energy hereafter may transfer to the SPR Petroleum Account such funds as may be necessary to carry out drawdown and sale operations of the Strategic Petroleum Reserve initiated under section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) from any funds available to the Department of Energy under this or any other Act: Provided further, That all funds transferred pursuant to this authority must be replenished as promptly as possible from oil sale receipts pursuant to the drawdown and sale.”
Acquisition, Transportation, and Injection of Petroleum Products for SPR; Applicability of Subsec. (d)Pub. L. 9735, title X, § 1034(c), Aug. 13, 1981, 95 Stat. 620, provided that: “The provisions of section 167(d) of such Act, as added by subsection (a) of this section [subsec. (d) of this section], shall apply with respect to the outlays associated with unexpended balances of appropriations made available and obligated as of the end of fiscal year 1981 for the acquisition, transportation, and injection of petroleum products for the Strategic Petroleum Reserve to the same extent and manner as such provisions apply with respect to withdrawals from the SPR Petroleum Account.”
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# 42 U.S.C. § 6247a - Use of underutilized facilities
## Text
(a) Authority Notwithstanding any other provision of this subchapter, the Secretary, by lease or otherwise, for any term and under such other conditions as the Secretary considers necessary or appropriate, may store in underutilized Strategic Petroleum Reserve facilities petroleum product 11 So in original. Probably should be “products”. owned by a foreign government or its representative. Petroleum products stored under this section are not part of the Strategic Petroleum Reserve and may be exported without license from the United States.
(b) Protection of facilities All agreements entered into pursuant to subsection (a) shall contain provisions providing for fees to fully compensate the United States for all related costs of storage and removals of petroleum products (including the proportionate cost of replacement facilities necessitated as a result of any withdrawals) incurred by the United States on behalf of the foreign government or its representative.
(c) Access to stored oil The Secretary shall ensure that agreements to store petroleum products for foreign governments or their representatives do not impair the ability of the United States to withdraw, distribute, or sell petroleum products from the Strategic Petroleum Reserve in response to an energy emergency or to the obligations of the United States under the Agreement on an International Energy Program.
(d) Availability of funds Funds collected through the leasing of Strategic Petroleum Reserve facilities authorized by subsection (a) after September 30, 2007, shall be used by the Secretary of Energy without further appropriation for the purchase of petroleum products for the Strategic Petroleum Reserve.
(Pub. L. 94163, title I, § 168, as added Pub. L. 10533, title IX, § 9303(a), Aug. 5, 1997, 111 Stat. 676.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in subsec. (a), was in the original “this title”, meaning title I of Pub. L. 94163, Dec. 22, 1975, 89 Stat. 875, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables.
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# 42 U.S.C. § 6247b - Purchase of oil from marginal wells
## Text
(a) In general From amounts authorized under section 6246 of this title, in any case in which the price of oil decreases to an amount less than $15.00 per barrel (an amount equal to the annual average well head price per barrel for all domestic crude oil), adjusted for inflation, the Secretary may purchase oil from a marginal well at $15.00 per barrel, adjusted for inflation.
(b) Definition of marginal well The term “marginal well” has the same meaning as the definition of “stripper well property” in section 613A(c)(6)(E) of title 26.
(Pub. L. 94163, title I, § 169, as added Pub. L. 106469, title III, § 301(a), Nov. 9, 2000, 114 Stat. 2037.)
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# 42 U.S.C. § 6249 - Contracting for petroleum product and facilities
## Text
(a) In general Subject to the other provisions of this part, the Secretary may contract—
(1) for storage, in otherwise unused Strategic Petroleum Reserve facilities, of petroleum product not owned by the United States; and
(2) for storage, in storage facilities other than those of the Reserve, of petroleum product either owned or not owned by the United States.
(b) Conditions (1) Petroleum product stored pursuant to such a contract shall, until the expiration, termination, or other conclusion of the contract, be a part of the Reserve and subject to the Secretarys authority under part B.
(2) The Secretary may enter into a contract for storage of petroleum product under subsection (a) only if—
(A) the Secretary determines (i) that entering into one or more contracts under such subsection would achieve benefits comparable to the acquisition of an equivalent amount of petroleum product, or an equivalent volume of storage capacity, for the Reserve under part B, and (ii) that, because of budgetary constraints, the acquisition of an equivalent amount of petroleum product or volume of storage space for the Reserve cannot be accomplished under part B; and
(B) the Secretary notifies each House of the Congress of the determination and identifies in the notification the location, type, and ownership of storage and related facilities proposed to be included, or the volume, type, and ownership of petroleum products proposed to be stored, in the Reserve, and an estimate of the proposed benefits.
(3) A contract entered into under subsection (a) shall not limit the discretion of the President or the Secretary to conduct a drawdown and sale of petroleum products from the Reserve.
(4) A contract entered into under subsection (a) shall include a provision that the obligation of the United States to make payments under the contract in any fiscal year is subject to the availability of appropriations.
(c) Charge for storage The Secretary may store petroleum product pursuant to a contract entered into under subsection (a)(1) with or without charge or may pay a fee for its storage.
(d) Duration Contracts entered into under subsection (a) may be of such duration as the Secretary considers necessary or appropriate.
(e) Binding arbitration The Secretary may agree to binding arbitration of disputes under any contract entered into under subsection (a).
(f) Availability of funds The Secretary may utilize such funds as are available in the SPR Petroleum Account to carry out the activities described in subsection (a), and may obligate and expend such funds to carry out such activities, in advance of the receipt of petroleum products.
(Pub. L. 94163, title I, § 171, as added Pub. L. 101383, § 6(a)(4), Sept. 15, 1990, 104 Stat. 729; amended Pub. L. 102486, title XIV, § 1403, Oct. 24, 1992, 106 Stat. 2994; Pub. L. 106469, title I, § 103(20), Nov. 9, 2000, 114 Stat. 2033.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 171 of Pub. L. 94163 was renumbered section 191 and was classified to section 6251 of this title, prior to repeal by Pub. L. 10958.
Amendments2000—Subsec. (b)(2)(B). Pub. L. 106469, § 103(20)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the Secretary notifies each House of the Congress of such determination and includes in such notification the same information required under section 6234(e) of this title with regard to storage and related facilities proposed to be included, or petroleum product proposed to be stored, in the Reserve.” Subsec. (b)(3). Pub. L. 106469, § 103(20)(B), substituted “sale of petroleum products from” for “distribution of”. 1992—Subsec. (f). Pub. L. 102486 added subsec. (f).
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# 42 U.S.C. § 6249a - Implementation
## Text
(a) , (b) Repealed. Pub. L. 106469, title I, § 103(21), Nov. 9, 2000, 114 Stat. 2033
(c) Legal status regarding other law Petroleum product and facilities contracted for under this part have the same status as petroleum product and facilities owned by the United States for all purposes associated with the exercise of the laws of any State or political subdivision thereof.
(d) Return of product At such time as the petroleum product contracted for under this part is withdrawn from the Reserve upon the expiration, termination, or other conclusion of the contract, such petroleum product (or the equivalent quantity of petroleum product withdrawn from the Reserve pursuant to the contract) shall be deemed, for purposes of determining the extent to which such product is thereafter subject to any Federal, State, or local law or regulation, not to have left the place where such petroleum product was located at the time it was originally committed to a contract under this part.
(Pub. L. 94163, title I, § 172, as added Pub. L. 101383, § 6(a)(4), Sept. 15, 1990, 104 Stat. 730; amended Pub. L. 106469, title I, § 103(21), Nov. 9, 2000, 114 Stat. 2033.)
## Notes
Editorial Notes
Amendments2000—Subsecs. (a), (b). Pub. L. 106469 struck out subsecs. (a) and (b) which read as follows: “(a) Amendment to Plan Not Required.—An amendment of the Strategic Petroleum Reserve Plan is not required for any action taken under this part. “(b) Fill Rate Requirement.—For purposes of section 6240(d)(1) of this title, any petroleum product stored in the Reserve under this part that is removed from the Reserve at the expiration, termination, or other conclusion of the agreement shall be considered to be part of the Reserve until the beginning of the fiscal year following the fiscal year in which the petroleum product was removed.”
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# 42 U.S.C. § 6249b - Repealed. Pub. L. 106469, title I, § 103(22), Nov. 9, 2000, 114 Stat. 2033
## Notes
Section, Pub. L. 94163, title I, § 173, as added Pub. L. 101383, § 6(a)(4), Sept. 15, 1990, 104 Stat. 731, related to contracts not requiring implementing legislation.
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# 42 U.S.C. § 6249c - Contracts for which implementing legislation is needed
## Text
(a) In general (1) In the case of contracts entered into under this part, and amendments to such contracts, for which implementing legislation will be needed, the Secretary may transmit an implementing bill to both Houses of the Congress.
(2) In the Senate, any such bill shall be considered in accordance with the provisions of this section.
(3) For purposes of this section—
(A) the term “implementing bill” means a bill introduced in either House of Congress with respect to one or more contracts or amendments to contracts submitted to the House of Representatives and the Senate under this section and which contains—
(i) a provision approving such contracts or amendments, or both; and
(ii) legislative provisions that are necessary or appropriate for the implementation of such contracts or amendments, or both; and
(B) the term “implementing revenue bill” means an implementing bill which contains one or more revenue measures by reason of which it must originate in the House of Representatives.
(b) Consultation The Secretary shall consult, at the earliest possible time and on a continuing basis, with each committee of the House and the Senate that has jurisdiction over all matters expected to be affected by legislation needed to implement any such contract.
(c) Effective date Each contract and each amendment to a contract for which an implementing bill is necessary may become effective only if—
(1) the Secretary, not less than 30 days before the day on which such contract is entered into, notifies the House of Representatives and the Senate of the intention to enter into such a contract and promptly thereafter publishes notice of such intention in the Federal Register;
(2) after entering into the contract, the Secretary transmits a report to the House of Representatives and to the Senate containing a copy of the final text of such contract together with—
(A) the implementing bill, and an explanation of how the implementing bill changes or affects existing law; and
(B) a statement of the reasons why the contract serves the interests of the United States and why the implementing bill is required or appropriate to implement the contract; and
(3) the implementing bill is enacted into law.
(d) Rules of Senate Subsections (e) through (h) are enacted by the Congress—
(1) as an exercise of the rulemaking power of the Senate, and as such they are deemed a part of the rules of the Senate but applicable only with respect to the procedure to be followed in the Senate in the case of implementing bills and implementing revenue bills described in subsection (a), and they supersede other rules only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.
(e) Introduction and referral in Senate (1) On the day on which an implementing bill is transmitted to the Senate under this section, the implementing bill shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself or herself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate.
(2) If the Senate is not in session on the day on which such an agreement is submitted, the implementing bill shall be introduced in the Senate, as provided in the 11 So in original. The word “the” probably should not appear. paragraph (1), on the first day thereafter on which the Senate is in session.
(3) Such bills shall be referred by the presiding officer of the Senate to the appropriate committee, or, in the case of a bill containing provisions within the jurisdiction of two or more committees, jointly to such committees for consideration of those provisions within their respective jurisdictions.
(f) Consideration of amendments to implementing bill prohibited in Senate (1) No amendments to an implementing bill shall be in order in the Senate, and it shall not be in order in the Senate to consider an implementing bill that originated in the House if such bill passed the House containing any amendment to the introduced bill.
(2) No motion to suspend the application of this subsection shall be in order in the Senate; nor shall it be in order in the Senate for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent.
(g) Discharge in Senate (1) Except as provided in paragraph (3), if the committee or committees of the Senate to which an implementing bill has been referred have not reported it at the close of the 30th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the bill, and it shall be placed on the appropriate calendar.
(2) A vote on final passage of the bill shall be taken in the Senate on or before the close of the 15th day after the bill is reported by the committee or committees to which it was referred or after such committee or committees have been discharged from further consideration of the bill.
(3) The provisions of paragraphs (1) and (2) shall not apply in the Senate to an implementing revenue bill. An implementing revenue bill received from the House shall be, subject to subsection (f)(1), referred to the appropriate committee or committees of the Senate. If such committee or committees have not reported such bill at the close of the 15th day after its receipt by the Senate, such committee or committees shall be automatically discharged from further consideration of such bill and it shall be placed on the calendar. A vote on final passage of such bill shall be taken in the Senate on or before the close of the 15th day after such bill is reported by the committee or committees of the Senate to which it was referred, or after such committee or committees have been discharged from further consideration of such bill.
(4) For purposes of this subsection, in computing a number of days in the Senate, there shall be excluded any day on which the Senate is not in session.
(h) Floor consideration in Senate (1) A motion in the Senate to proceed to the consideration of an implementing bill shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the Senate on an implementing bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in connection with an implementing bill shall be limited to not more than one hour to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of an implementing bill, allot additional time to any Senator during the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate is not debatable. A motion to recommit an implementing bill is not in order.
(Pub. L. 94163, title I, § 174, as added Pub. L. 101383, § 6(a)(4), Sept. 15, 1990, 104 Stat. 731.)
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# 42 U.S.C. § 6250 - Establishment
## Text
(a) Notwithstanding any other provision of this chapter, the Secretary may establish, maintain, and operate in the Northeast a Northeast Home Heating Oil Reserve. A Reserve established under this part is not a component of the Strategic Petroleum Reserve established under part B of this subchapter. A Reserve established under this part shall contain no more than 2 million barrels of petroleum distillate.
(b) For the purposes of this part—
(1) the term “Northeast” means the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, and New Jersey;
(2) the term “petroleum distillate” includes heating oil and diesel fuel; and
(3) the term “Reserve” means the Northeast Home Heating Oil Reserve established under this part.
(Pub. L. 94163, title I, § 181, as added Pub. L. 106469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2034.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 94163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
Prior ProvisionsA prior section 181 of Pub. L. 94163 was renumbered section 191 and was classified to section 6251 of this title, prior to repeal by Pub. L. 10958.
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# 42 U.S.C. § 6250a - Authority
## Text
To the extent necessary or appropriate to carry out this part, the Secretary may—
(1) purchase, contract for, lease, or otherwise acquire, in whole or in part, storage and related facilities, and storage services;
(2) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired under this part;
(3) acquire by purchase, exchange (including exchange of petroleum products from the Strategic Petroleum Reserve or received as royalty from Federal lands), lease, or otherwise, petroleum distillate for storage in the Northeast Home Heating Oil Reserve;
(4) store petroleum distillate in facilities not owned by the United States; and
(5) sell, exchange, or otherwise dispose of petroleum distillate from the Reserve established under this part, including to maintain the quality or quantity of the petroleum distillate in the Reserve or to maintain the operational capability of the Reserve.
(Pub. L. 94163, title I, § 182, as added Pub. L. 106469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2034.)
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# 42 U.S.C. § 6250b - Conditions for release; plan
## Text
(a) Finding The Secretary may sell products from the Reserve only upon a finding by the President that there is a severe energy supply interruption. Such a finding may be made only if he determines that—
(1) a dislocation in the heating oil market has resulted from such interruption; or
(2) a circumstance, other than that described in paragraph (1), exists that constitutes a regional supply shortage of significant scope and duration and that action taken under this section would assist directly and significantly in reducing the adverse impact of such shortage.
(b) Definition For purposes of this section a “dislocation in the heating oil market” shall be deemed to occur only when—
(1) The price differential between crude oil, as reflected in an industry daily publication such as “Platts Oilgram Price Report” or “Oil Daily” and No. 2 heating oil, as reported in the Energy Information Administrations retail price data for the Northeast, increases by more than 60 percent over its 5-year rolling average for the months of mid-October through March (considered as a heating season average), and continues for 7 consecutive days; and
(2) The price differential continues to increase during the most recent week for which price information is available.
(c) Continuing evaluation The Secretary shall conduct a continuing evaluation of the residential price data supplied by the Energy Information Administration for the Northeast and data on crude oil prices from published sources.
(d) Release of petroleum distillate After consultation with the heating oil industry, the Secretary shall determine procedures governing the release of petroleum distillate from the Reserve. The procedures shall provide that—
(1) the Secretary may—
(A) sell petroleum distillate from the Reserve through a competitive process, or
(B) enter into exchange agreements for the petroleum distillate that results 11 So in original. Probably should be “result”. in the Secretary receiving a greater volume of petroleum distillate as repayment than the volume provided to the acquirer;
(2) in all such sales or exchanges, the Secretary shall receive revenue or its equivalent in petroleum distillate that provides the Department with fair market value. At no time may the oil be sold or exchanged resulting in a loss of revenue or value to the United States; and
(3) the Secretary shall only sell or dispose of the oil in the Reserve to entities customarily engaged in the sale and distribution of petroleum distillate.
(e) Plan Within 45 days of November 9, 2000, the Secretary shall transmit to the President and, if the President approves, to the Congress a plan describing—
(1) the acquisition of storage and related facilities or storage services for the Reserve, including the potential use of storage facilities not currently in use;
(2) the acquisition of petroleum distillate for storage in the Reserve;
(3) the anticipated methods of disposition of petroleum distillate from the Reserve;
(4) the estimated costs of establishment, maintenance, and operation of the Reserve;
(5) efforts the Department will take to minimize any potential need for future drawdowns and ensure that distributors and importers are not discouraged from maintaining and increasing supplies to the Northeast; and
(6) actions to ensure quality of the petroleum distillate in the Reserve.
(Pub. L. 94163, title I, § 183, as added Pub. L. 106469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2035; amended Pub. L. 10958, title III, § 301(d), Aug. 8, 2005, 119 Stat. 684.)
## Notes
Editorial Notes
Amendments2005—Subsec. (b)(1). Pub. L. 10958 substituted “by more than 60 percent over its 5-year rolling average for the months of mid-October through March (considered as a heating season average)” for “by more tan 60 percent over its 5 year rolling average for the months of mid-October through March”.
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# 42 U.S.C. § 6250c - Northeast Home Heating Oil Reserve Account
## Text
(a) Establishment Upon a decision of the Secretary of Energy to establish a Reserve under this part, the Secretary of the Treasury shall establish in the Treasury of the United States an account known as the “Northeast Home Heating Oil Reserve Account” (referred to in this section as the “Account”).
(b) Deposits the 11 So in original. Probably should be capitalized. Secretary of the Treasury shall deposit in the Account any amounts appropriated to the Account and any receipts from the sale, exchange, or other disposition of petroleum distillate from the Reserve.
(c) Obligation of amounts The Secretary of Energy may obligate amounts in the Account to carry out activities under this part without the need for further appropriation, and amounts available to the Secretary of Energy for obligation under this section shall remain available without fiscal year limitation.
(Pub. L. 94163, title I, § 184, as added Pub. L. 106469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2036.)
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# 42 U.S.C. § 6250d - Exemptions
## Text
An action taken under this part is not subject to the rulemaking requirements of section 6393 of this title, section 7191 of this title, or section 553 of title 5.
(Pub. L. 94163, title I, § 185, as added Pub. L. 106469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2036.)
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# 42 U.S.C. § 6250e - Repealed. Pub. L. 10958, title III, § 301(a)(2), Aug. 8, 2005, 119 Stat. 683
## Notes
Section, Pub. L. 94163, title I, § 186, as added Pub. L. 106469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2036; amended Pub. L. 1087, div. F, title III, § 339(a)(2), Feb. 20, 2003, 117 Stat. 278, authorized appropriations for this part.
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# 42 U.S.C. § 6250f - Limit on amount of petroleum distillate
## Text
Notwithstanding section 6250 of this title, for fiscal year 2012 and hereafter, the [Northeast Home Heating Oil] Reserve shall contain no more than 1 million barrels of petroleum distillate.
(Pub. L. 11274, div. B, title III, Dec. 23, 2011, 125 Stat. 869.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
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# 42 U.S.C. § 6251 - Repealed. Pub. L. 10958, title III, § 301(a)(3), Aug. 8, 2005, 119 Stat. 683
## Notes
Section, Pub. L. 94163, title I, § 191, formerly § 171, as added Pub. L. 9958, title I, § 101(a), July 2, 1985, 99 Stat. 102; amended Pub. L. 10146, § 1(1), June 30, 1989, 103 Stat. 132; Pub. L. 101262, § 2(b), Mar. 31, 1990, 104 Stat. 124; Pub. L. 101360, § 2(b), Aug. 10, 1990, 104 Stat. 421; renumbered § 181 and amended Pub. L. 101383, §§ 2(2), 6(a)(3), Sept. 15, 1990, 104 Stat. 727, 729; Pub. L. 103406, title I, § 102, Oct. 22, 1994, 108 Stat. 4209; Pub. L. 104306, § 1(2), Oct. 14, 1996, 110 Stat. 3810; Pub. L. 105177, § 1(2), June 1, 1998, 112 Stat. 105; Pub. L. 10664, § 1(2), Oct. 5, 1999, 113 Stat. 511; renumbered § 191 and amended Pub. L. 106469, title I, § 103(23), title II, § 201(a)(2), Nov. 9, 2000, 114 Stat. 2033, 2034; Pub. L. 1087, div. F, title III, § 339(a)(3), Feb. 20, 2003, 117 Stat. 278, provided for the expiration of all authority under this subchapter at midnight Sept. 30, 2008.
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# 42 U.S.C. § 6261 to 6264 - Repealed. Pub. L. 106469, title I, § 104(1), Nov. 9, 2000, 114 Stat. 2033
## Notes
Section 6261, Pub. L. 94163, title II, § 201, Dec. 22, 1975, 89 Stat. 890; Pub. L. 96102, title I, §§ 103(b)(1), (c)(1), 105(a)(1)(3), (5), Nov. 5, 1979, 93 Stat. 751, 755, 756; H. Res. 549, Mar. 25, 1980, required the President to transmit to Congress energy conservation contingency plans and rationing contingency plans and provided requirements for plans to become effective and for amendment, approval, and implementation of plans.
Section 6262, Pub. L. 94163, title II, § 202, Dec. 22, 1975, 89 Stat. 892; Pub. L. 96102, title II, § 231, Nov. 5, 1979, 93 Stat. 767, provided requirements for energy conservation contingency plans.
Section 6263, Pub. L. 94163, title II, § 203, Dec. 22, 1975, 89 Stat. 892; Pub. L. 96102, title I, §§ 103(a), (c)(2), 104, 105(b)(1)(5), Nov. 5, 1979, 93 Stat. 751, 755, 756, provided requirements for rationing contingency plan, and in subsec. (f) provided that all authority to carry out a plan would expire on same date as authority to issue and enforce rules and orders under the Emergency Petroleum Allocation Act of 1973, 15 U.S.C. 751 et seq.
Section 6264, Pub. L. 94163, title II, § 204, as added Pub. L. 9958, title I, § 104(b), July 2, 1985, 99 Stat. 104, provided that except as provided in section 6263(f) of this title, authority to carry out the provisions of sections 6261 to 6264 of this title and any rule, regulation, or order issued pursuant to such sections expired at midnight, June 30, 1985.
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# 42 U.S.C. § 6271 - International oil allocations
## Text
(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 The President may, by rule, require that persons engaged in producing, transporting, refining, distributing, or storing petroleum products, take such action as he determines to be necessary for implementation of the obligations of the United States under chapters III and IV of the international energy program insofar as such obligations relate to the international allocation of petroleum products. Allocation under such rule shall be in such amounts and at such prices as are specified in (or determined in a manner prescribed by) such rule. Such rule may apply to any petroleum product owned or controlled by any person described in the first sentence of this subsection who is subject to the jurisdiction of the United States, including any petroleum product destined, directly or indirectly, for import into the United States or any foreign country, or produced in the United States. Subject to subsection (b)(2), such a rule shall remain in effect until amended or rescinded by the President.
(b) Prerequisites to rule taking effect; time rule may be put into effect or remain in effect (1) No rule under subsection (a) may take effect unless the President—
(A) has transmitted such rule to the Congress;
(B) has found that putting such rule into effect is required in order to fulfill obligations of the United States under the international energy program; and
(C) has transmitted such finding to the Congress, together with a statement of the effective date and manner for exercise of such rule.
(2) No rule under subsection (b) may be put into effect or remain in effect after the expiration of 12 months after the date such rule was transmitted to Congress under paragraph (1)(A).
(c) Consistency of rule with attainment of objectives specified in section 753(b)(1) 11 See References in Text note below. of title 15; limitation on authority of officers or agencies of United States (1) Any rule under this section shall be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 753(b)(1) 1 of title 15.
(2) No officer or agency of the United States shall have any authority, other than authority under this section, to require that petroleum products be allocated to other countries for the purpose of implementation of the obligations of the United States under the international energy program.
(d) Nonapplicability of export restrictions under other laws Neither section 6212 1 of this title nor section 185(u) of title 30 shall preclude the allocation and export, to other countries in accordance with this section, of petroleum products produced in the United States.
(e) Prerequisites for effectiveness of rule No rule under this section may be put into effect unless—
(1) an international energy supply emergency, as defined in the first sentence of section 6272(k)(1) of this title, is in effect; and
(2) the allocation of available oil referred to in chapter III of the international energy program has been activated pursuant to chapter IV of such program.
(Pub. L. 94163, title II, § 251, Dec. 22, 1975, 89 Stat. 894; Pub. L. 97229, § 2(b)(1), Aug. 3, 1982, 96 Stat. 248; Pub. L. 105177, § 1(3), June 1, 1998, 112 Stat. 105.)
## Notes
Editorial Notes
References in TextSection 753 of title 15, referred to in subsec. (c), was omitted from the Code pursuant to section 760g of Title 15, Commerce and Trade, which provided for the expiration of the Presidents authority under that section on Sept. 30, 1981. Section 6212 of this title, referred to in subsec. (d), was repealed by Pub. L. 114113, div. O, title I, § 101(a), Dec. 18, 2015, 129 Stat. 2987.
Amendments1998—Subsec. (e)(1). Pub. L. 105177 substituted reference to section 6272(k)(1) for reference to section 6272(l)(1). 1982—Subsec. (e). Pub. L. 97229 added subsec. (e).
@@ -0,0 +1,177 @@
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# 42 U.S.C. § 6272 - International voluntary agreements
## Text
(a) Exclusiveness of sections requirements Effective 90 days after December 22, 1975, the requirements of this section shall be the sole procedures applicable to—
(1) the development or carrying out of voluntary agreements and plans of action to implement the international emergency response provisions, and
(2) the availability of immunity from the antitrust laws with respect to the development or carrying out of such voluntary agreements and plans of action.
(b) Prescription by Secretary of standards and procedures for developing and carrying out voluntary agreements and plans of action The Secretary, with the approval of the Attorney General, after each of them has consulted with the Federal Trade Commission and the Secretary of State, shall prescribe, by rule, standards and procedures by which persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products may develop and carry out voluntary agreements, and plans of action, which are required to implement the international emergency response provisions.
(c) Requirements for standards and procedures The standards and procedures prescribed under subsection (b) shall include the following requirements:
(1) (A) (i) Except as provided in clause (ii) or (iii) of this subparagraph, meetings held to develop or carry out a voluntary agreement or plan of action under this subsection shall permit attendance by representatives of committees of Congress and interested persons, including all interested segments of the petroleum industry, consumers, and the public; shall be preceded by timely and adequate notice with identification of the agenda of such meeting to the Attorney General, the Federal Trade Commission, committees of Congress, and (except during an international energy supply emergency with respect to meetings to carry out a voluntary agreement or to develop or carry out a plan of action) the public; and shall be initiated and chaired by a regular full-time Federal employee.
(ii) Meetings of bodies created by the International Energy Agency established by the international energy program need not be open to interested persons and need not be initiated and chaired by a regular full-time Federal employee.
(iii) The President, in consultation with the Secretary, the Secretary of State, and the Attorney General, may determine that a meeting held to carry out a voluntary agreement or to develop or carry out a plan of action shall not be open to interested persons or that attendance by interested persons may be limited, if the President finds that a wider disclosure would be detrimental to the foreign policy interests of the United States.
(B) No meetings may be held to develop or carry out a voluntary agreement or plan of action under this section unless a regular full-time Federal employee is present.
(2) Interested persons permitted to attend such a meeting shall be afforded an opportunity to present, in writing and orally, data, views, and arguments at such meetings, subject to any reasonable limitations with respect to the manner of presentation of data, views, and arguments as the Secretary may impose.
(3) A full and complete record, and where practicable a verbatim transcript, shall be kept of any meeting held, and a full and complete record shall be kept of any communication (other than in a meeting) made, between or among participants or potential participants, to develop, or carry out a voluntary agreement or a plan of action under this section. Such record or transcript shall be deposited, together with any agreement resulting therefrom, with the Secretary, and shall be available to the Attorney General and the Federal Trade Commission. Such records or transcripts shall be available for public inspection and copying in accordance with section 552 of title 5; except that (A) matter may not be withheld from disclosure under section 552(b) of such title on grounds other than the grounds specified in section 552(b)(1), (b)(3), or so much of (b)(4) as relates to trade secrets; and (B) in the exercise of authority under section 552(b)(1), the President shall consult with the Secretary of State, the Secretary, and the Attorney General with respect to questions relating to the foreign policy interests of the United States.
(4) No provision of this section may be exercised so as to prevent representatives of committees of Congress from attending meetings to which this section applies, or from having access to any transcripts, records, and agreements kept or made under this section. Such access to any transcript that is required to be kept for any meeting shall be provided as soon as practicable (but not later than 14 days) after that meeting.
(d) Participation of Attorney General and Federal Trade Commission in development and carrying out of voluntary agreements and plans of action (1) The Attorney General and the Federal Trade Commission shall participate from the beginning in the development, and when practicable, in the carrying out of voluntary agreements and plans of action authorized under this section. Each may propose any alternative which would avoid or overcome, to the greatest extent practicable, possible anticompetitive effects while achieving substantially the purposes of this part. A voluntary agreement or plan of action under this section may not be carried out unless approved by the Attorney General, after consultation with the Federal Trade Commission. Prior to the expiration of the period determined under paragraph (2), the Federal Trade Commission shall transmit to the Attorney General its views as to whether such an agreement or plan of action should be approved, and shall publish such views in the Federal Register. The Attorney General, in consultation with the Federal Trade Commission, the Secretary of State, and the Secretary, shall have the right to review, amend, modify, disapprove, or revoke, on his own motion or upon the request of the Federal Trade Commission or any interested person, any voluntary agreement or plan of action at any time, and, if revoked, thereby withdraw prospectively any immunity which may be conferred by subsection (f) or (j).
(2) Any voluntary agreement or plan of action entered into pursuant to this section shall be submitted in writing to the Attorney General and the Federal Trade Commission 20 days before being implemented; except that during an international energy supply emergency, the Secretary, subject to approval of the Attorney General, may reduce such 20-day period. Any such agreement or plan of action shall be available for public inspection and copying, except that a plan of action shall be so available only to the extent to which records or transcripts are so available as provided in the last sentence of subsection (c)(3). Any action taken pursuant to such voluntary agreement or plan of action shall be reported to the Attorney General and the Federal Trade Commission pursuant to such regulations as shall be prescribed under paragraphs (3) and (4) of subsection (e).
(3) A plan of action may not be approved by the Attorney General under this subsection unless such plan (A) describes the types of substantive actions which may be taken under the plan, and (B) is as specific in its description of proposed substantive actions as is reasonable in light of circumstances known at the time of approval.
(e) Monitoring of development and carrying out of voluntary agreements and plans of action by Attorney General and Federal Trade Commission (1) The Attorney General and the Federal Trade Commission shall monitor the development and carrying out of voluntary agreements and plans of action authorized under this section in order to promote competition and to prevent anticompetitive practices and effects, while achieving substantially the purposes of this part.
(2) In addition to any requirement specified under subsections (b) and (c) of this section and in order to carry out the purposes of this section, the Attorney General, in consultation with the Federal Trade Commission and the Secretary, may promulgate rules concerning the maintenance of necessary and appropriate records related to the development and carrying out of voluntary agreements and plans of action authorized pursuant to this section.
(3) Persons developing or carrying out voluntary agreements and plans of action authorized pursuant to this section shall maintain such records as are required by rules promulgated under paragraph (2). The Attorney General and the Federal Trade Commission shall have access to and the right to copy such records at reasonable times and upon reasonable notice.
(4) The Attorney General and the Federal Trade Commission may each prescribe such rules as may be necessary or appropriate to carry out their respective responsibilities under this section. They may both utilize for such purposes and for purposes of enforcement any powers conferred upon the Federal Trade Commission or the Department of Justice, or both, by the antitrust laws or the Antitrust Civil Process Act [15 U.S.C. 1311 et seq.]; and wherever any such law refers to “the purposes of this Act” or like terms, the reference shall be understood to include this section.
(f) Defense to civil or criminal antitrust actions (1) There shall be available as a defense to any civil or criminal action brought under the antitrust laws (or any similar State law) in respect to actions taken to develop or carry out a voluntary agreement or plan of action by persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products (provided that such actions were not taken for the purpose of injuring competition) that—
(A) such actions were taken—
(i) in the course of developing a voluntary agreement or plan of action pursuant to this section, or
(ii) to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section, and
(B) such persons complied with the requirements of this section and the rules promulgated hereunder.
(2) Except in the case of actions taken to develop a voluntary agreement or plan of action, the defense provided in this subsection shall be available only if the person asserting the defense demonstrates that the actions were specified in, or within the reasonable contemplation of, an approved voluntary agreement or plan of action.
(3) Persons interposing the defense provided by this subsection shall have the burden of proof, except that the burden shall be on the person against whom the defense is asserted with respect to whether the actions were taken for the purpose of injuring competition.
(g) Acts or practices occurring prior to date of enactment of chapter or subsequent to its expiration or repeal No provision of this section shall be construed as granting immunity for, or as limiting or in any way affecting any remedy or penalty which may result from any legal action or proceeding arising from, any act or practice which occurred prior to the date of enactment of this chapter or subsequent to its expiration or repeal.
(h) Applicability of Defense Production Act of 1950 Section 4558 of title 50 shall not apply to any agreement or action undertaken for the purpose of developing or carrying out—
(1) the international energy program; or
(2) any allocation, price control, or similar program with respect to petroleum products under this chapter.
(i) Reports by Attorney General and Federal Trade Commission to Congress and President The Attorney General and the Federal Trade Commission shall each submit to the Congress and to the President, at such intervals as are appropriate based on significant developments and issues, reports on the impact on competition and on small business of actions authorized by this section.
(j) Defense in breach of contract actions In any action in any Federal or State court for breach of contract, there shall be available as a defense that the alleged breach of contract was caused predominantly by action taken during an international energy supply emergency to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section.
(k) Definitions As used in this section and section 6274 of this title:
(1) The term “international energy supply emergency” means any period (A) beginning on any date which the President determines allocation of petroleum products to nations participating in the international energy program is required by chapters III and IV of such program, and (B) ending on a date on which he determines that such allocation is no longer required. Such a period may not exceed 90 days, but the President may establish one or more additional 90-day periods by making anew the determination under subparagraph (A) of the preceding sentence. Any determination respecting the beginning or end of any such period shall be published in the Federal Register.
(2) The term “international emergency response provisions” means—
(A) the provisions of the international energy program which relate to international allocation of petroleum products and to the information system provided in the program; and
(B) the emergency response measures adopted by the Governing Board of the International Energy Agency (including the July 11, 1984, decision by the Governing Board on “Stocks and Supply Disruptions”) for—
(i) the coordinated drawdown of stocks of petroleum products held or controlled by governments; and
(ii) complementary actions taken by governments during an existing or impending international oil supply disruption.
(l) Applicability of antitrust defense The antitrust defense under subsection (f) shall not extend to the international allocation of petroleum products unless allocation is required by chapters III and IV of the international energy program during an international energy supply emergency.
(m) Limitation on new plans of action (1) With respect to any plan of action approved by the Attorney General after July 2, 1985—
(A) the defenses under subsection (f) and (j) shall be applicable to Type 1 activities (as that term is defined in the International Energy Agency Emergency Management Manual, dated December 1982) only if—
(i) the Secretary has transmitted such plan of action to the Congress; and
(ii) (I) 90 calendar days of continuous session have elapsed since receipt by the Congress of such transmittal; or
(II) within 90 calendar days of continuous session after receipt of such transmittal, either House of the Congress has disapproved a joint resolution of disapproval pursuant to subsection (n); and
(B) such defenses shall not be applicable to Type 1 activities if there has been enacted, in accordance with subsection (n), a joint resolution of disapproval.
(2) The Secretary may withdraw the plan of action at any time prior to adoption of a joint resolution described in subsection (n)(3) by either House of Congress.
(3) For the purpose of this subsection—
(A) continuity of session is broken only by an adjournment of the Congress sine die at the end of the second session of Congress; and
(B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the calendar-day period involved.
(n) Joint resolution of disapproval (1) (A) The application of defenses under subsections (f) and (j) for Type 1 activities with respect to any plan of action transmitted to Congress as described in subsection (m)(1)(A)(i) shall be disapproved if a joint resolution of disapproval has been enacted into law during the 90-day period of continuous session after which such transmission was received by the Congress. For the purpose of this subsection, the term “joint resolution” means only a joint resolution of either House of the Congress as described in paragraph (3).
(B) After receipt by the Congress of such plan of action, a joint resolution of disapproval may be introduced in either House of the Congress. Upon introduction in the Senate, the joint resolution shall be referred in the Senate immediately to the Committee on Energy and Natural Resources of the Senate.
(2) This subsection is enacted by the Congress—
(A) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of resolutions described by paragraph (3); it supersedes other rules only to the extent that is inconsistent therewith; and
(B) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.
(3) The joint resolution disapproving the transmission under subsection (m) shall read as follows after the resolving clause: “That the Congress of the United States disapproves the availability of the defenses pursuant to section 252 (f) and (j) of the Energy Policy and Conservation Act with respect to Type 1 activities under the plan of action submitted to the Congress by the Secretary of Energy on .”, the blank space therein being filled with the date and year of receipt by the Congress of the plan of action transmitted as described in subsection (m).
(4) (A) If the Committee on Energy and Natural Resources of the Senate has not reported a joint resolution referred to it under this subsection at the end of 20 calendar days of continuous session after its referral, it shall be in order to move either to discharge the committee from further consideration of such resolution or to discharge the committee from further consideration of any other joint resolution which has been referred to the committee with respect to such plan of action.
(B) A motion to discharge shall be highly privileged (except that it may not be made after the Committee on Energy and Natural Resources has reported a joint resolution with respect to the plan of action), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the joint resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.
(C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other joint resolution with respect to the same transmission.
(5) (A) When the Committee on Energy and Natural Resources of the Senate has reported or has been discharged from further consideration of a joint resolution, it shall be in order at any time thereafter within the 90-day period following receipt by the Congress of the plan of action (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such joint resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider a vote by which the motion was agreed to or disagreed to.
(B) Debate on the joint resolution shall be limited to not more than 10 hours and final action on the joint resolution shall occur immediately following conclusion of such debate. A motion further to limit debate shall not be debatable. A motion to recommit such a joint resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such a joint resolution was agreed to or disagreed to.
(6) (A) Motions to postpone made with respect to the discharge from committee or consideration of a joint resolution, shall be decided without debate.
(B) Appeals from the decision of the Chair relating to the application of rules of the Senate to the procedures relating to a joint resolution shall be decided without debate.
(Pub. L. 94163, title II, § 252, Dec. 22, 1975, 89 Stat. 894; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 9630, June 30, 1979, 93 Stat. 80; Pub. L. 9694, Oct. 31, 1979, 93 Stat. 720; Pub. L. 96133, §§ 1, 2, Nov. 30, 1979, 93 Stat. 1053; Pub. L. 975, Mar. 13, 1981, 95 Stat. 7; Pub. L. 9750, Sept. 30, 1981, 95 Stat. 957; Pub. L. 97163, Apr. 1, 1982, 96 Stat. 24; Pub. L. 97190, June 1, 1982, 96 Stat. 106; Pub. L. 97217, July 19, 1982, 96 Stat. 196; Pub. L. 97229, § 2(a), (b)(2), Aug. 3, 1982, 96 Stat. 248; Pub. L. 98239, Mar. 20, 1984, 98 Stat. 93; Pub. L. 9958, title I, §§ 104(c)(2), (4), 105, July 2, 1985, 99 Stat. 105; Pub. L. 10466, title I, § 1091(g), Dec. 21, 1995, 109 Stat. 722; Pub. L. 105177, § 1(4), June 1, 1998, 112 Stat. 105.)
## Notes
Editorial Notes
References in TextThe Antitrust Civil Process Act, referred to in subsec. (e)(4), is Pub. L. 87664, Sept. 19, 1962, 76 Stat. 548, which is classified principally to chapter 34 (§ 1311 et seq.) of Title 15. For complete classification of that Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables. The date of enactment of this chapter, referred to in subsec. (g), means the date of enactment of Pub. L. 94163, which was approved Dec. 22, 1975. This chapter, referred to in subsec. (h)(2), was in the original “this Act”, meaning Pub. L. 94163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. Section 252(f) and (j) of the Energy Policy and Conservation Act, referred to in subsection (n)(3), is classified to subsecs. (f) and (j) of this section.
Amendments1998—Subsecs. (a)(1), (b). Pub. L. 105177, § 1(4)(A), substituted “international emergency response provisions” for “allocation and information provisions of the international energy program”. Subsec. (d)(3). Pub. L. 105177, § 1(4)(B), substituted “circumstances known at the time of approval” for “known circumstances”. Subsec. (e)(2). Pub. L. 105177, § 1(4)(C), substituted “may” for “shall”. Subsec. (f)(2). Pub. L. 105177, § 1(4)(D), inserted “voluntary agreement or” after “approved”. Subsec. (h). Pub. L. 105177, § 1(4)(E), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “Upon the expiration of the 90-day period which begins on December 22, 1975, the provisions of sections 708 and 708A (other than 708A(o)) of the Defense Production Act of 1950 shall not apply to any agreement or action undertaken for the purpose of developing or carrying out (1) the international energy program, or (2) any allocation, price control, or similar program with respect to petroleum products under this chapter or under the Emergency Petroleum Allocation Act of 1973. For purposes of section 708(A)(o) of the Defense Production Act of 1950, the effective date of the provisions of this chapter which relate to international voluntary agreements to carry out the International Energy Program shall be deemed to be 90 days after December 22, 1975.” Subsec. (k)(2). Pub. L. 105177, § 1(4)(F), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term allocation and information provisions of the international energy program means the provisions of the international energy program which relate to international allocation of petroleum products and to the information system provided in such program.” Subsec. (l). Pub. L. 105177, § 1(4)(G), amended subsec. (l) generally. Prior to amendment, subsec. (l) read as follows: “The authority granted by this section shall apply only to the development or carrying out of voluntary agreements and plans of action to implement chapters III, IV, and V of the international energy program.” 1995—Subsec. (i). Pub. L. 10466 substituted “, at such intervals as are appropriate based on significant developments and issues, reports” for “, at least once every 6 months, a report”. 1985—Subsec. (d)(1). Pub. L. 9958, § 104(c)(4), substituted “subsection (f) or (j)” for “subsection (f) or (k)”. Subsecs. (j) to (l). Pub. L. 9958, § 104(c)(2), redesignated subsecs. (k) to (m) as (j) to (l). Former subsec. (j), which provided that the authority granted by this section would terminate at midnight, June 30, 1985, was struck out. Subsecs. (m), (n). Pub. L. 9958, § 105, added subsecs. (m) and (n). Former subsec. (m) redesignated (l). 1984—Subsec. (j). Pub. L. 98239 substituted “June 30, 1985” for “December 31, 1983”. 1982—Subsec. (j). Pub. L. 97229, § 2(a), substituted “at midnight December 31, 1983” for “August 1, 1982”. Pub. L. 97217 substituted “August 1, 1982” for “July 1, 1982”. Pub. L. 97190 substituted “July 1, 1982” for “June 1, 1982”. Pub. L. 97163 substituted “June 1, 1982” for “April 1, 1982”. Subsec. (m). Pub. L. 97229, § 2(b)(2), added subsec. (m). 1981—Subsec. (j). Pub. L. 9750 substituted “April 1, 1982” for “September 30, 1981”. Pub. L. 975 substituted “September 30, 1981” for “March 15, 1981”. 1979—Subsec. (c)(4). Pub. L. 96133, § 2, inserted provisions respecting access to transcripts. Subsec. (j). Pub. L. 96133, § 1, substituted “March 15, 1981” for “November 30, 1979”. Pub. L. 9694 substituted “November 30” for “October 31”. Pub. L. 9630 substituted “October 31, 1979” for “June 30, 1979”. 1978—Subsecs. (b), (c)(1)(A)(iii), (2), (3), (d)(1), (2), (e)(2). Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.
Statutory Notes and Related Subsidiaries
Study and Report on Energy Policy Cooperation Between United States and Other Western Hemisphere CountriesPub. L. 100373, § 2, July 19, 1988, 102 Stat. 878, directed Secretary of Energy, in consultation with Secretary of State and Secretary of Commerce, to conduct a study to determine how best to enhance cooperation between United States and other countries of Western Hemisphere with respect to energy policy including stable supplies of, and stable prices for, energy, with Secretary of Energy to report results of such study to Congress, propose a comprehensive international energy policy for United States designed to enhance cooperation between United States and other countries of the Western Hemisphere, and recommend such action as Secretary deemed necessary to establish and implement such policy.
Report of Implementation Activities Under International Voluntary AgreementsPub. L. 96133, § 3, Nov. 30, 1979, 93 Stat. 1053, directed Secretary of Energy, in consultation with Secretary of State, Attorney General, and Chairman of Federal Trade Commission, to prepare and submit to appropriate committees of Congress, a report concerning actions taken by them to carry out provisions of this section, which report was to examine and discuss extent to which all, or part, of any meeting held in accordance with subsec. (c) of this section to carry out a voluntary agreement or to develop or carry out a plan of action should be open to interested persons in furtherance of provisions of subsec. (c)(1)(A) of this section, policies and procedures followed by appropriate Federal agencies in reviewing and making public or withholding from the public all, or part, of any transcript of any meeting held to develop or carry out a voluntary agreement or plan of action under this section and in permitting persons, other than citizens of United States, to review such transcripts prior to any public disclosure thereof, extent to which classification of all, or part, of such transcripts should be carried out by one agency, adequacy of actions by responsible Federal agencies in insuring that standards and procedures required by this section are fully implemented and enforced, including monitoring of program concerning any anticompetitive effects, and number of personnel, and amount of funds, assigned by each such agency to carry out such standards and procedures, actions taken, or to be taken, to improve reporting of energy supply data under international energy program and to reconcile such reporting with similar reporting that is conducted by Department of Energy, actions taken, or planned, to improve reporting required by subsec. (i) of this section, and other actions under subsec. (i) of this section and to transmit such report to such committees within 120 days after Nov. 30, 1979, and to make such report available to the public.
Executive Documents
Classification of Certain Information and MaterialFor provisions relating to the classification of certain information and material obtained from advisory bodies created to implement the International Energy Program, see Ex. Ord. No. 11932, eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under section 3161 of Title 50, War and National Defense.
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# 42 U.S.C. § 6273 - Advisory committees
## Text
(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 To achieve the purposes of the international energy program with respect to international allocation of petroleum products and the information system provided in such program, the Secretary may provide for the establishment of such advisory committees as he determines are necessary. In addition to the requirements specified in this section, such advisory committees shall be subject to the provisions of section 17 of the Federal Energy Administration Act of 1974 [15 U.S.C. 776] (whether or not such Act [15 U.S.C. 761 et seq.] or any of its provisions expire or terminate before June 30, 1985); shall be chaired by a regular full-time Federal employee; and shall include representatives of the public. The meetings of such committees shall be open to the public. The Attorney General and the Federal Trade Commission shall have adequate advance notice of any meeting and may have an official representative attend and participate in any such meeting.
(b) Transcript of meetings A verbatim transcript shall be kept of such advisory committee meetings, and shall be deposited with the Attorney General and the Federal Trade Commission. Such transcript shall be made available for public inspection and copying in accordance with section 552 of title 5, except that matter may not be withheld from disclosure under section 552(b) of such title on grounds other than the grounds specified in section 552(b)(1), (b)(3), and so much of (b)(4) as relates to trade secrets, or pursuant to a determination under subsection (c).
(c) Suspension of application of certain requirements by President The President, after consultation with the Secretary of State, the Federal Trade Commission, the Attorney General, and the Secretary, may suspend the application of—
(1) sections 1009 and 1010 of title 5,
(2) subsections (b) and (c) of section 17 11 See References in Text note below. of the Federal Energy Administration Act of 1974,
(3) the requirement under subsection (a) of this section that meetings be open to the public, and
(4) the second sentence of subsection (b);
if the President determines with respect to a particular meeting, (A) that such suspension is essential to the developing or carrying out of the international energy program, (B) that such suspension relates solely to the purpose of international allocation of petroleum products and the information system provided in such program, and (C) that the meeting deals with matters described in section 552(b)(1) of title 5. Such determination by the President shall be in writing, shall set forth a detailed explanation of reasons justifying the granting of such suspension, and shall be published in the Federal Register at a reasonable time prior to the effective date of any such suspension.
(Pub. L. 94163, title II, § 253, Dec. 22, 1975, 89 Stat. 898; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 117286, § 4(a)(265), Dec. 27, 2022, 136 Stat. 4335.)
## Notes
Editorial Notes
References in TextThe Federal Energy Administration Act of 1974, referred to in subsec. (a), is Pub. L. 93275, May 7, 1974, 88 Stat. 96, which is classified generally to chapter 16B (§ 761 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 761 of Title 15 and Tables. Section 17 of the Federal Energy Administration Act of 1974, referred to in subsec. (c)(2), was classified to section 776 of Title 15, Commerce and Trade, prior to repeal by Pub. L. 10528, § 2(b)(2), July 18, 1997, 111 Stat. 245.
Amendments2022—Subsec. (c)(1). Pub. L. 117286 substituted “sections 1009 and 1010 of title 5,” for “sections 10 and 11 of the Federal Advisory Committee Act,”. 1978—Subsecs. (a), (c). Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration.
Statutory Notes and Related Subsidiaries
Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment unless in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the end of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
Executive Documents
Classification of Certain Information and MaterialFor provisions relating to the classification of certain information and material obtained from advisory bodies created to implement the International Energy Program, see Ex. Ord. No. 11932, eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under section 3161 of Title 50, War and National Defense.
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# 42 U.S.C. § 6274 - Exchange of information with International Energy Agency
## Text
(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 (1) Except as provided in subsections (b) and (c), the Secretary, after consultation with the Attorney General, may provide to the Secretary of State, and the Secretary of State may transmit to the International Energy Agency established by the international energy program, the information and data related to the energy industry certified by the Secretary of State as required to be submitted under the international energy program.
(2) (A) Except as provided in subparagraph (B) of this paragraph, any such information or data which is geological or geophysical information or a trade secret or commercial or financial information to which section 552(b)(9) or (b)(4) of title 5 applies shall, prior to such transmittal, be aggregated, accumulated, or otherwise reported in such manner as to avoid, to the fullest extent feasible, identification of any person from whom the United States obtained such information or data, and in the case of geological or geophysical information, a competitive disadvantage to such person.
(B) (i) Notwithstanding subparagraph (A) of this paragraph, during an international energy supply emergency, any such information or data with respect to the international allocation of petroleum products may be made available to the International Energy Agency is otherwise authorized to be made available to such Agency by paragraph (1) of this subsection.
(ii) Subparagraph (A) shall not apply to information described in subparagraph (A) (other than geological or geophysical information) if the President certifies, after opportunity for presentation of views by interested persons, that the International Energy Agency has adopted and is implementing security measures which assure that such information will not be disclosed by such Agency or its employees to any person or foreign country without having been aggregated, accumulated, or otherwise reported in such manner as to avoid identification of any person from whom the United States obtained such information or data.
(3) (A) Within 90 days after December 22, 1975, and periodically thereafter, the President shall review the operation of this section and shall determine whether other signatory nations to the international energy program are transmitting information and data to the International Energy Agency in substantial compliance with such program. If the President determines that other nations are not so complying, paragraph (2)(B)(ii) shall not apply until he determines other nations are so complying.
(B) Any person who believes he has been or will be damaged by the transmittal of information or data pursuant to this section shall have the right to petition the President and to request changes in procedures which will protect such person from any competitive damage.
(b) Halting transmittal of information that would prejudice competition, violate antitrust laws, or be inconsistent with security interests If the President determines that the transmittal of data or information pursuant to the authority of this section would prejudice competition, violate the antitrust laws, or be inconsistent with United States national security interests, he may require that such data or information not be transmitted.
(c) Information protected by statute Information and data the confidentiality of which is protected by statute shall not be provided by the Secretary to the Secretary of State under subsection (a) of this section for transmittal to the International Energy Agency, unless the Secretary has obtained the specific concurrence of the head of any department or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data. In making a determination to concur in providing such information and data, the head of any department or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data shall consider the purposes for which such information and data were collected, gathered, and obtained, the confidentiality provisions of such statutory authority, and the international obligations of the United States under the international energy program with respect to the transmittal of such information and data to an international organization or foreign country.
(d) Continuation of authority to collect data under Energy Supply and Environmental Coordination Act and Federal Energy Administration Act of 1974 For the purposes of carrying out the obligations of the United States under the international energy program, the authority to collect data granted by sections 11 and 13 of the Energy Supply and Environmental Coordination Act [15 U.S.C. 796] and the Federal Energy Administration Act of 1974 [15 U.S.C. 772], respectively, shall continue in full force and effect without regard to the provisions of such Acts relating to their expiration.
(e) Limitation on disclosure contained in other laws The authority under this section to transmit information shall be subject to any limitations on disclosure contained in other laws, except that such authority may be exercised without regard to—
(1) section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 [15 U.S.C. 796(d)];
(2) section 14(b) of the Federal Energy Administration Act of 1974 [15 U.S.C. 773(b)];
(3) section 12 11 See References in Text note below. of the Export Administration Act of 1979;
(4) section 9 of title 13;
(5) section 176a of title 15; and
(6) section 1905 of title 18.
(Pub. L. 94163, title II, § 254, Dec. 22, 1975, 89 Stat. 899; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 9672, § 22(b)(2), Sept. 29, 1979, 93 Stat. 535.)
## Notes
Editorial Notes
References in TextThe provisions of such Acts relating to their expiration, referred to in subsec. (d), means section 11(g) of Pub. L. 93319, June 22, 1974, 88 Stat. 246, the Energy Supply and Environmental Coordination Act, which enacted section 796(g) of Title 15, and section 30 of Pub. L. 93275, May 7, 1974, 88 Stat. 97, the Federal Energy Administration Act of 1974, which is set out as a note under section 761 of Title 15. Section 12 of the Export Administration Act of 1979, referred to in subsec. (e)(3), was classified to section 4614 of Title 50, War and National Defense, prior to repeal by Pub. L. 115232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.
Amendments1979—Subsec. (e)(3). Pub. L. 9672 substituted “12” for “7” and “1979” for “1969”. 1978—Subsecs. (a)(1), (c). Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9672 effective upon the expiration of the Export Administration Act of 1969, which terminated on Sept. 30, 1979, or upon any prior date which the Congress by concurrent resolution or the President by proclamation designated, see Pub. L. 9672, § 19(a), Sept. 29, 1979, 93 Stat. 535, which was classified to section 4621 of Title 50, War and National Defense, prior to repeal by Pub. L. 115232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.
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# 42 U.S.C. § 6275 - Relationship between standby emergency authorities and international energy program
## Text
The purpose of the Congress in enacting this subchapter is to provide standby energy emergency authority to deal with energy shortage conditions and to minimize economic dislocations and adverse impacts on employment. While the authorities contained in this subchapter may, to the extent authorized by this subchapter, be used to carry out obligations incurred by the United States in connection with the International Energy Program, this subchapter shall not be construed in any way as advice and consent, ratification, endorsement, or other form of congressional approval of the specific terms of such program.
(Pub. L. 94163, title II, § 255, Dec. 22, 1975, 89 Stat. 900.)
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# 42 U.S.C. § 6276 - Domestic renewable energy industry and related service industries
## Text
(a) Purpose It is the purpose of this section to implement the responsibilities of the United States under chapter VII of the international energy program with respect to development of alternative energy by facilitating the overall abilities of the domestic renewable energy industry and related service industries to create new markets.
(b) Evaluation; report to Congress (1) Before the later of—
(A) 6 months after July 18, 1984, and
(B) May 31, 1985,
the Secretary of Commerce shall conduct an evaluation regarding the domestic renewable energy industry and related service industries and submit a report of his findings to the Congress.
(2) Such evaluation shall include—
(A) an assessment of the technical and commercial status of the domestic renewable energy industry and related service industries in domestic and foreign markets;
(B) an assessment of the Federal Governments activities affecting commerce in the domestic renewable energy industry and related service industries and in consolidating and coordinating such activities within the Federal Government; and
(C) an assessment of the aspects of the domestic renewable energy industry and related service industries in which improvements must be made to increase the international commercialization of such industry.
(c) Program for enhancing commerce in renewable energy technologies; funding (1) On the basis of the evaluation under subsection (b), the Secretary of Commerce shall, consistent with existing law, establish a program for enhancing commerce in renewable energy technologies and consolidating or coordinating existing activities for such purpose.
(2) Such program shall provide for—
(A) the broadening of the participation by the domestic renewable energy industry and related service industries in such activities;
(B) the promotion of the domestic renewable energy industry and related service industries on a worldwide basis;
(C) the participation by the Federal Government and the domestic renewable energy industry and related service industries in international standard-setting activities; and
(D) the establishment of an information program under which—
(i) technical information about the domestic renewable energy industry and related service industries shall be provided to appropriate public and private officials engaged in commerce, and to potential end users, including other industry sectors in foreign countries such as health care, rural development, communications, and refrigeration, and others, and
(ii) marketing information about export and export financing opportunities shall be available to the domestic renewable energy industry and related service industries.
(3) Necessary funds required for carrying out such program shall be requested in connection with fiscal years beginning after September 30, 1984.
(d) Interagency working group (1) Establishment (A) There shall be established an interagency working group that, in consultation with the representative industry groups and relevant agency heads, shall make recommendations to coordinate the actions and programs of the Federal Government affecting exports of renewable energy and energy efficiency products and services. The interagency working group shall establish a program to inform foreign countries of the benefits of policies that would increase energy efficiency or would allow facilities that use renewable energy to compete effectively with producers of energy from nonrenewable sources.
(B) There shall be established an Interagency Working Subgroup on Renewable Energy and an Interagency Working Subgroup on Energy Efficiency that shall, in consultation with representative industry groups, nonprofit organizations, and relevant Federal agencies, make recommendations to coordinate the actions and programs of the Federal Government to promote the export of domestic renewable energy and energy efficiency products and services, respectively.
(C) The Secretary of Energy, or the Secretarys designee, shall chair the interagency working group and each subgroup established under this paragraph. The Administrator of the Agency for International Development and the Secretary of Commerce, or their designees, shall be members of both subgroups established under this paragraph. The Secretary shall provide staff for carrying out the functions of the interagency working group and each subgroup established under this paragraph. The heads of appropriate agencies may detail such personnel and may furnish such services to such group and subgroups, with or without reimbursement, as may be necessary to carry out their functions.
(2) Duties of the interagency working subgroups (A) The interagency working subgroups established under paragraph (1)(B), through the member agencies of the interagency working group, shall promote the development and application in foreign countries of renewable energy and energy efficiency products and services, respectively, that—
(i) reduce dependence on unreliable sources of energy by encouraging the use of sustainable biomass, wind, small-scale hydroelectric, solar, geothermal, and other renewable energy and energy efficiency products and services; and
(ii) use hybrid fossil-renewable energy systems.
(B) In addition, the interagency working subgroups shall explore mechanisms for assisting domestic firms, particularly small businesses, with the export of their renewable energy and energy efficiency products and services and with the identification of potential projects.
(3) Training and assistance The interagency working subgroups shall encourage the member agencies of the interagency working group to—
(A) provide technical training and education for international development personnel and local users in their own country;
(B) provide financial and technical assistance to nonprofit institutions that support the marketing and export efforts of domestic companies that provide renewable energy and energy efficiency products and services;
(C) develop environmentally sustainable renewable energy and energy efficiency projects in foreign countries;
(D) provide technical assistance and training materials to loan officers of the World Bank, international lending institutions, commercial and energy attaches at embassies of the United States and other appropriate personnel in order to provide information about renewable energy and energy efficiency products and services to foreign governments or other potential project sponsors;
(E) support, through financial incentives, private sector efforts to commercialize and export renewable energy and energy efficiency products and services; and
(F) augment budgets for trade and development programs in order to support pre-feasibility or feasibility studies for projects that utilize renewable energy and energy efficiency products and services.
(4) Study of export promotion practices The interagency working group shall conduct a study of subsidies, incentives, and policies that foreign countries use to promote exports of their own renewable energy and energy efficiency technologies and products. Such study shall also identify foreign trade barriers to the import of renewable energy and energy efficiency technologies and products produced in the United States. The interagency working group shall report to the appropriate committees of the House of Representatives and the Senate the results of such study within 18 months after October 24, 1992.
(e) Omitted
(f) Functions of interagency working group; plan to increase United States exports of renewable energy and energy efficiency technologies (1) The interagency working group shall—
(A) establish, in consultation with representatives of affected industries, a plan to increase United States exports of renewable energy and energy efficiency technologies, and include in such plan recommended guidelines for agencies that are represented on the working group with respect to the financing of, or other actions they can take within their programs to promote, exports of such renewable energy and energy efficiency technologies;
(B) develop, in consultation with representatives of affected industries, recommended administrative guidelines for Federal export loan programs to simplify application by firms seeking export assistance for renewable energy and energy efficiency technologies from agencies implementing such programs; and
(C) recommend specific renewable energy and energy efficiency technology markets for primary emphasis by Federal export loan programs, development programs, and private sector assistance programs.
(2) The interagency working group shall include a description of the plan established under paragraph (1)(A) in no later than the second report submitted under subsection (e),11 See References in Text note below. and shall include in subsequent reports a description of any modifications to such plan and of the progress in implementing the plan.
(g) Repealed. Pub. L. 102486, title XII, § 1207(c), Oct. 24, 1992, 106 Stat. 2963
(h) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to implement this part, to remain available until expended.
(Pub. L. 94163, title II, § 256, as added Pub. L. 98370, § 2, July 18, 1984, 98 Stat. 1211; amended Pub. L. 101218, § 7, Dec. 11, 1989, 103 Stat. 1867; Pub. L. 102486, title XII, §§ 1207, 1208, Oct. 24, 1992, 106 Stat. 2962, 2964; Pub. L. 104306, § 1(3), Oct. 14, 1996, 110 Stat. 3810; Pub. L. 106469, title I, § 104(2), Nov. 9, 2000, 114 Stat. 2033; Pub. L. 1087, div. F, title III, § 339(b)(1), Feb. 20, 2003, 117 Stat. 278.)
## Notes
Editorial Notes
References in TextSubsection (e) of this section, referred to in subsec. (f)(2), was omitted from the Code.
Codification Subsec. (e) of this section, which required the interagency working group established under subsec. (d) of this section to annually report to Congress, describing the actions of each agency represented by a member of the working group taken during the previous fiscal year to achieve the purposes of such working group and of this section and describing the exports of renewable energy technology that have occurred as a result of such agency actions, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 6th item on page 175 of House Document No. 1037.
Amendments2003—Subsec. (h). Pub. L. 1087 amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “There are authorized to be appropriated to the Secretary for purposes of carrying out the programs under subsections (d) and (e) of this section $10,000,000, to be divided equitably between the interagency working subgroups based on program requirements, for each of the fiscal years 1993 and 1994, and such sums as may be necessary for fiscal year 1995 to carry out the purposes of this subtitle. There are authorized to be appropriated for fiscal year 1997 such sums as may be necessary to carry out this part. There are authorized to be appropriated for fiscal years 2000 through 2003, such sums as may be necessary.” 2000—Subsec. (h). Pub. L. 106469 inserted at end “There are authorized to be appropriated for fiscal years 2000 through 2003, such sums as may be necessary.” 1996—Subsec. (h). Pub. L. 104306 inserted at end “There are authorized to be appropriated for fiscal year 1997 such sums as may be necessary to carry out this part.” 1992—Subsec. (d). Pub. L. 102486, § 1207(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “(1) There shall be established an interagency working group which, in consultation with the representative industry groups and relevant agency heads, shall make recommendations to coordinate the actions and programs of the Federal Government affecting commerce in renewable energy products and related services. The Secretary of Energy shall be the chairman of such group. The heads of appropriate agencies may detail such personnel and may furnish such services to such working group, with or without reimbursement, as may be necessary to carry out its functions. “(2) The interagency group shall establish a program to inform other countries of the benefits of policies that would allow small facilities which produce renewable energy to compete effectively with producers of energy from nonrenewable sources.” Subsec. (d)(4). Pub. L. 102486, § 1208, added par. (4). Subsec. (f)(1). Pub. L. 102486, § 1207(b), inserted “and energy efficiency” after “renewable energy” wherever appearing. Subsec. (g). Pub. L. 102486, § 1207(c), struck out subsec. (g) which read as follows: “For purposes of this section, the term renewable energy includes energy efficiency to the extent it is a part of a renewable energy system or technology.” Subsec. (h). Pub. L. 102486, § 1207(d), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “There are authorized to be appropriated to the Secretary for activities of the interagency working group established under subsection (d) of this section not to exceed— “(1) $3,000,000 for fiscal year 1991; “(2) $3,300,000 for fiscal year 1992; and “(3) $3,600,000 for fiscal year 1993.” 1989—Subsec. (c)(2)(D)(i). Pub. L. 101218, § 7(a)(1), inserted “and to potential end users, including other industry sectors in foreign countries such as health care, rural development, communications, and refrigeration, and others,” after “commerce,”. Subsec. (c)(2)(D)(ii). Pub. L. 101218, § 7(a)(2), substituted “export and export financing opportunities” for “export opportunities”. Subsec. (d). Pub. L. 101218, § 7(b), designated existing provisions as par. (1) and added par. (2). Subsecs. (e) to (h). Pub. L. 101218, § 7(c), added subsecs. (e) to (h).
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 98370, § 3, July 18, 1984, 98 Stat. 1212, provided that: “The amendments made by this Act [enacting this section and a provision set out as a note under section 6201 of this title] shall take effect on the date of the enactment of this Act [July 18, 1984].”
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# 42 U.S.C. § 6283 - Summer fill and fuel budgeting programs
## Text
(a) Definitions In this section:
(1) Budget contract The term “budget contract” means a contract between a retailer and a consumer under which the heating expenses of the consumer are spread evenly over a period of months.
(2) Fixed-price contract The term “fixed-price contract” means a contract between a retailer and a consumer under which the retailer charges the consumer a set price for propane, kerosene, or heating oil without regard to market price fluctuations.
(3) Price cap contract The term “price cap contract” means a contract between a retailer and a consumer under which the retailer charges the consumer the market price for propane, kerosene, or heating oil, but the cost of the propane, kerosene, or heating oil may exceed a maximum amount stated in the contract.
(b) Assistance At the request of the chief executive officer of a State, the Secretary shall provide information, technical assistance, and funding—
(1) to develop education and outreach programs to encourage consumers to fill their storage facilities for propane, kerosene, and heating oil during the summer months; and
(2) to promote the use of budget contracts, price cap contracts, fixed-price contracts, and other advantageous financial arrangements,
to avoid severe seasonal price increases for and supply shortages of those products.
(c) Preference In implementing this section, the Secretary shall give preference to States that contribute public funds or leverage private funds to develop State summer fill and fuel budgeting programs.
(d) Authorization of appropriations There are authorized to be appropriated to carry out this section—
(1) $25,000,000 for fiscal year 2001; and
(2) such sums as are necessary for each fiscal year thereafter.
(Pub. L. 94163, title II, § 273, as added Pub. L. 106469, title VI, § 602(a), Nov. 9, 2000, 114 Stat. 2040; amended Pub. L. 10958, title III, § 301(b)(2), Aug. 8, 2005, 119 Stat. 683.)
## Notes
Editorial Notes
Amendments2005—Subsec. (e). Pub. L. 10958 struck out heading and text of subsec. (e). Text read as follows: “Section 6285 of this title does not apply to this section.”
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# 42 U.S.C. § 6285 - Repealed. Pub. L. 10958, title III, § 301(b)(3), Aug. 8, 2005, 119 Stat. 683
## Notes
Section, Pub. L. 94163, title II, § 281, as added Pub. L. 9958, title I, § 104(a), July 2, 1985, 99 Stat. 104; amended Pub. L. 100373, § 1, July 19, 1988, 102 Stat. 878; Pub. L. 101262, § 2(c), Mar. 31, 1990, 104 Stat. 124; Pub. L. 101360, § 2(c), Aug. 10, 1990, 104 Stat. 421; Pub. L. 101383, § 2(3), Sept. 15, 1990, 104 Stat. 727; Pub. L. 103406, title I, § 103, Oct. 22, 1994, 108 Stat. 4209; Pub. L. 104306, § 1(4), Oct. 14, 1996, 110 Stat. 3810; Pub. L. 105177, § 1(5), June 1, 1998, 112 Stat. 106; Pub. L. 10664, § 1(3), Oct. 5, 1999, 113 Stat. 511; Pub. L. 106469, title I, § 104(4), Nov. 9, 2000, 114 Stat. 2033; Pub. L. 1087, div. F, title III, § 339(b)(2), Feb. 20, 2003, 117 Stat. 279, provided for the expiration of all authority under this subchapter at midnight Sept. 30, 2008.
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# 42 U.S.C. § 6292 - Coverage
## Text
(a) In general The following consumer products, excluding those consumer products designed solely for use in recreational vehicles and other mobile equipment, are covered products:
(1) Refrigerators, refrigerator-freezers, and freezers which can be operated by alternating current electricity, excluding—
(A) any type designed to be used without doors; and
(B) any type which does not include a compressor and condenser unit as an integral part of the cabinet assembly.
(2) Room air conditioners.
(3) Central air conditioners and central air conditioning heat pumps.
(4) Water heaters.
(5) Furnaces.
(6) Dishwashers.
(7) Clothes washers.
(8) Clothes dryers.
(9) Direct heating equipment.
(10) Kitchen ranges and ovens.
(11) Pool heaters.
(12) Television sets.
(13) Fluorescent lamp ballasts.
(14) General service fluorescent lamps, general service incandescent lamps, and incandescent reflector lamps.
(15) Showerheads, except safety shower showerheads.
(16) Faucets.
(17) Water closets.
(18) Urinals.
(19) Metal halide lamp fixtures.
(20) Any other type of consumer product which the Secretary classifies as a covered product under subsection (b).
(b) Special classification of consumer product (1) The Secretary may classify a type of consumer product as a covered product if he determines that—
(A) classifying products of such type as covered products is necessary or appropriate to carry out the purposes of this chapter, and
(B) average annual per-household energy use by products of such type is likely to exceed 100 kilowatt-hours (or its Btu equivalent) per year.
(2) For purposes of this subsection:
(A) The term “average annual per-household energy use with respect to a type of product” means the estimated aggregate annual energy use (in kilowatt-hours or the Btu equivalent) of consumer products of such type which are used by households in the United States, divided by the number of such households which use products of such type.
(B) The Btu equivalent of one kilowatt-hour is 3,412 British thermal units.
(C) The term “household” shall be defined under rules of the Secretary.
(Pub. L. 94163, title III, § 322, Dec. 22, 1975, 89 Stat. 918; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 10012, §§ 3, 11(b)(1), Mar. 17, 1987, 101 Stat. 105, 125; Pub. L. 100357, § 2(b), June 28, 1988, 102 Stat. 672; Pub. L. 102486, title I, § 123(c), Oct. 24, 1992, 106 Stat. 2821; Pub. L. 105388, § 5(a)(3), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 110140, title III, §§ 321(a)(2), 324(b), Dec. 19, 2007, 121 Stat. 1577, 1593.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b)(1)(A), was in the original “this Act”, meaning Pub. L. 94163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
Amendments2007—Subsec. (a)(14). Pub. L. 110140, § 321(a)(2), inserted “, general service incandescent lamps,” after “fluorescent lamps”. Subsec. (a)(19), (20). Pub. L. 110140, § 324(b), added par. (19) and redesignated former par. (19) as (20). 1998—Subsec. (b)(2)(A). Pub. L. 105388 inserted closing quotation marks after “type of product”. 1992—Subsec. (a)(14) to (19). Pub. L. 102486 added pars. (14) to (18) and redesignated former par. (14) as (19). 1988—Subsec. (a)(13), (14). Pub. L. 100357 added par. (13) and redesignated former par. (13) as (14). 1987—Subsec. (a). Pub. L. 10012, § 3, inserted heading and amended text generally. Prior to amendment, text read as follows: “A consumer product is a covered product if it is one of the following types (or is designed to perform a function which is the principal function of any of the following types): “(1) Refrigerators and refrigerator-freezers. “(2) Freezers. “(3) Dishwashers. “(4) Clothes dryers. “(5) Water heaters. “(6) Room air conditioners. “(7) Home heating equipment, not including furnaces. “(8) Television sets. “(9) Kitchen ranges and ovens. “(10) Clothes washers. “(11) Humidifiers and dehumidifiers. “(12) Central aid conditioners. “(13) Furnaces. “(14) Any other type of consumer product which the Secretary classifies as a covered product under subsection (b) of this section.” Subsec. (b). Pub. L. 10012, § 11(b)(1), inserted heading. 1978—Subsecs. (a)(14), (b)(1), (2)(C). Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
Energy Efficiency Labeling for Windows and Window SystemsPub. L. 102486, title I, § 121, Oct. 24, 1992, 106 Stat. 2805, provided that: “(a) In General.—(1) The Secretary shall, after consulting with the National Fenestration Rating Council, industry representatives, and other appropriate organizations, provide financial assistance to support a voluntary national window rating program that will develop energy ratings and labels for windows and window systems. “(2) Such rating program shall include—“(A) specifications for testing procedures and labels that will enable window buyers to make more informed purchasing decisions about the energy efficiency of windows and window systems; and “(B) information (which may be disseminated through catalogs, trade publications, labels, or other mechanisms) that will allow window buyers to assess the energy consumption and potential cost savings of alternative window products. “(3) Such rating program shall be developed by the National Fenestration Rating Council according to commonly accepted procedures for the development of national testing procedures and labeling programs. “(b) Monitoring.—The Secretary shall monitor and evaluate the efforts of the National Fenestration Rating Council and, not later than one year after the date of the enactment of this Act [Oct. 24, 1992], make a determination as to whether the program developed by the Council is consistent with the objectives of subsection (a). “(c) Alternative System.—(1) If the Secretary makes a determination under subsection (b) that a voluntary national window rating program consistent with the objectives of subsection (a) has not been developed, the Secretary shall, after consultation with the National Institute of Standards and Technology, develop, not later than two years after such determination, test procedures under section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) for windows and window systems. “(2) Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the Commission) shall prescribe labeling rules under section 324 of such Act (42 U.S.C. 6294) for those windows and window systems for which the Secretary has prescribed test procedures under paragraph (1) except that, with respect to any type of window or window system (or class thereof), the Secretary may determine that such labeling is not technologically feasible or economically justified or is not likely to assist consumers in making purchasing decisions. “(3) For purposes of sections 323, 324, and 327 of such Act [42 U.S.C. 6293, 6294, 6297], each product for which the Secretary has established test procedures or labeling rules pursuant to this subsection shall be considered a new covered product under section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry out this subsection. “(4) For purposes of section 327(a) of such Act, the term this part includes this subsection to the extent necessary to carry out this subsection.”
Energy Efficiency Information for Commercial Office EquipmentPub. L. 102486, title I, § 125, Oct. 24, 1992, 106 Stat. 2833, provided that: “(a) In General.—(1) The Secretary shall, after consulting with the Computer and Business Equipment Manufacturers Association and other interested organizations, provide financial and technical assistance to support a voluntary national testing and information program for those types of commercial office equipment that are widely used and for which there is a potential for significant energy savings as a result of such program. “(2) Such program shall—“(A) consistent with the objectives of paragraph (1), determine the commercial office equipment to be covered under such program; “(B) include specifications for testing procedures that will enable purchasers of such commercial office equipment to make more informed decisions about the energy efficiency and costs of alternative products; and “(C) include information, which may be disseminated through catalogs, trade publications, labels, or other mechanisms, that will allow consumers to assess the energy consumption and potential cost savings of alternative products. “(3) Such program shall be developed by an appropriate organization (composed of interested parties) according to commonly accepted procedures for the development of national testing procedure and labeling programs. “(b) Monitoring.—The Secretary shall monitor and evaluate the efforts to develop the program described in subsection (a) and, not later than three years after the date of the enactment of this Act [Oct. 24, 1992], shall make a determination as to whether such program is consistent with the objectives of subsection (a). “(c) Alternative System.—(1) If the Secretary makes a determination under subsection (b) that a voluntary national testing and information program for commercial office equipment consistent with the objectives of subsection (a) has not been developed, the Secretary shall, after consultation with the National Institute of Standards and Technology, develop, not later than two years after such determination, test procedures under section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) for such commercial office equipment. “(2) Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the Commission) shall prescribe labeling rules under section 324 of such Act (42 U.S.C. 6294) for commercial office equipment for which the Secretary has prescribed test procedures under paragraph (1) except that, with respect to any type of commercial office equipment (or class thereof), the Secretary may determine that such labeling is not technologically feasible or economically justified or is not likely to assist consumers in making purchasing decisions. “(3) For purposes of sections 323, 324, and 327 of such Act [42 U.S.C. 6293, 6294, 6297], each product for which the Secretary has established test procedures or labeling rules pursuant to this subsection shall be considered a new covered product under section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry out this subsection. “(4) For purposes of section 327(a) of such Act, the term this part includes this subsection to the extent necessary to carry out this subsection.”
Energy Efficiency Information for LuminairesPub. L. 102486, title I, § 126, Oct. 24, 1992, 106 Stat. 2834, provided that: “(a) In General.—(1) The Secretary shall, after consulting with the National Electric Manufacturers Association, the American Lighting Association, and other interested organizations, provide financial and technical assistance to support a voluntary national testing and information program for those types of luminaires that are widely used and for which there is a potential for significant energy savings as a result of such program. “(2) Such program shall—“(A) consistent with the objectives of paragraph (1), determine the luminaires to be covered under such program; “(B) include specifications for testing procedures that will enable purchasers of such luminaires to make more informed decisions about the energy efficiency and costs of alternative products; and “(C) include information, which may be disseminated through catalogs, trade publications, labels, or other mechanisms, that will allow consumers to assess the energy consumption and potential cost savings of alternative products. “(3) Such program shall be developed by an appropriate organization (composed of interested parties) according to commonly accepted procedures for the development of national testing procedures and labeling programs. “(b) Monitoring.—The Secretary shall monitor and evaluate the efforts to develop the program described in subsection (a) and, not later than three years after the date of the enactment of this Act [Oct. 24, 1992], shall make a determination as to whether the program developed is consistent with the objectives of subsection (a). “(c) Alternative System.—(1) If the Secretary makes a determination under subsection (b) that a voluntary national testing and information program for luminaires consistent with the objectives of subsection (a) has not been developed, the Secretary shall, after consultation with the National Institute of Standards and Technology, develop, not later than two years after such determination, test procedures under section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) for such luminaires. “(2) Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the Commission) shall prescribe labeling rules under section 324 of such Act (42 U.S.C. 6294) for those luminaires for which the Secretary has prescribed test procedures under paragraph (1) except that, with respect to any type of luminaire (or class thereof), the Secretary may determine that such labeling is not technologically feasible or economically justified or is not likely to assist consumers in making purchasing decisions. “(3) For purposes of sections 323, 324, and 327 of such Act [42 U.S.C. 6293, 6294, 6297], each product for which the Secretary has established test procedures or labeling rules pursuant to this subsection shall be considered a new covered product under section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry out this subsection. “(4) For purposes of section 327(a) of such Act, the term this part includes this subsection to the extent necessary to carry out this subsection.”
Report on Potential of Cooperative Advanced Appliance DevelopmentPub. L. 102486, title I, § 127, Oct. 24, 1992, 106 Stat. 2835, provided that not later than 18 months after Oct. 24, 1992, the Secretary would, in consultation with the Administrator of the Environmental Protection Agency, utilities, and appliance manufacturers, submit to Congress a report, based on certain criteria, on the potential for the development and commercialization of appliances substantially more efficient than required by Federal or State law.
Evaluation of Utility Early Replacement Programs for AppliancesPub. L. 102486, title I, § 128, Oct. 24, 1992, 106 Stat. 2836, required the Secretary, within 18 months after Oct. 24, 1992, and in consultation with the Administrator of the Environmental Protection Agency, utilities, and appliance manufacturers, to evaluate and report to Congress on the energy savings and environmental benefits of programs directed to the early replacement of older, less efficient appliances (as defined in subsec. (a) of this section) in use by consumers with products more efficient than required by Federal law.
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# 42 U.S.C. § 6294a - Energy Star program
## Text
(a) In general There is established within the Department of Energy and the Environmental Protection Agency a voluntary program to identify and promote energy-efficient products and buildings in order to reduce energy consumption, improve energy security, and reduce pollution through voluntary labeling of, or other forms of communication about, products and buildings that meet the highest energy conservation standards.
(b) Division of responsibilities Responsibilities under the program shall be divided between the Department of Energy and the Environmental Protection Agency in accordance with the terms of applicable agreements between those agencies.
(c) Duties The Administrator and the Secretary shall—
(1) promote Energy Star compliant technologies as the preferred technologies in the marketplace for—
(A) achieving energy efficiency; and
(B) reducing pollution;
(2) work to enhance public awareness of the Energy Star label, including by providing special outreach to small businesses;
(3) preserve the integrity of the Energy Star label;
(4) regularly update Energy Star product criteria for product categories;
(5) solicit comments from interested parties prior to establishing or revising an Energy Star product category, specification, or criterion (or prior to effective dates for any such product category, specification, or criterion);
(6) on adoption of a new or revised product category, specification, or criterion, provide reasonable notice to interested parties of any changes (including effective dates) in product categories, specifications, or criteria, along with—
(A) an explanation of the changes; and
(B) as appropriate, responses to comments submitted by interested parties; and
(7) provide appropriate lead time (which shall be 270 days, unless the Agency or Department specifies otherwise) prior to the applicable effective date for a new or a significant revision to a product category, specification, or criterion, taking into account the timing requirements of the manufacturing, product marketing, and distribution process for the specific product addressed.
(d) Deadlines The Secretary shall establish new qualifying levels—
(1) not later than January 1, 2006, for clothes washers and dishwashers, effective beginning January 1, 2007; and
(2) not later than January 1, 2008, for clothes washers, effective beginning July 1, 2009.
(Pub. L. 94163, title III, § 324A, as added Pub. L. 10958, title I, § 131(a), Aug. 8, 2005, 119 Stat. 620; amended Pub. L. 110140, title III, § 311(b), Dec. 19, 2007, 121 Stat. 1564.)
## Notes
Editorial Notes
Amendments2007—Subsec. (d)(2). Pub. L. 110140 substituted “July 1, 2009” for “January 1, 2010”.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
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# 42 U.S.C. § 6294b - WaterSense program
## Text
(a) Establishment of WaterSense program (1) In general There is established within the Environmental Protection Agency a voluntary program, to be known as the WaterSense program, to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services in order to, through voluntary labeling of, or other forms of communications regarding, such products, buildings, landscapes, facilities, processes, and services while meeting strict performance criteria, sensibly—
(A) reduce water use;
(B) reduce the strain on public water systems, community water systems, and wastewater and stormwater infrastructure;
(C) conserve energy used to pump, heat, transport, and treat water; and
(D) preserve water resources for future generations.
(2) Inclusions Categories of products, buildings, landscapes, facilities, processes, and services that may be included under the program include—
(A) irrigation technologies and services;
(B) point-of-use water treatment devices;
(C) plumbing products;
(D) water reuse and recycling technologies;
(E) landscaping and gardening products, including moisture control or water enhancing technologies;
(F) xeriscaping and other landscape conversions that reduce water use;
(G) whole house humidifiers; and
(H) water-efficient buildings or facilities.
(b) Duties The Administrator of the Environmental Protection Agency, in coordination with the Secretary of Energy as appropriate, shall—
(1) establish—
(A) a WaterSense label to be used for products, buildings, landscapes, facilities, processes, and services meeting the certification criteria established pursuant to this section; and
(B) the procedure, including the methods and means, and criteria by which products, buildings, landscapes, facilities, processes, and services may be certified to display the WaterSense label;
(2) enhance public awareness regarding the WaterSense label through outreach and public education;
(3) preserve the integrity of the WaterSense label by—
(A) establishing and maintaining feasible performance criteria so that products, buildings, landscapes, facilities, processes, and services certified to display the WaterSense label perform as well or better than less water-efficient counterparts;
(B) overseeing WaterSense certifications made by third parties, which shall be independent third-party product certification bodies accredited by an accreditation entity domiciled in the United States;
(C) using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining compliance with performance criteria; and
(D) auditing the use of the WaterSense label in the marketplace and preventing cases of misuse;
(4) not more frequently than every 6 years after adoption or major revision of any WaterSense performance criteria, review and, if appropriate, revise the performance criteria to achieve additional water savings;
(5) in revising any WaterSense criteria—
(A) provide reasonable notice to interested parties and the public of any changes, including effective dates, and an explanation of the changes;
(B) solicit comments from interested parties and the public prior to any changes;
(C) as appropriate, respond to comments submitted by interested parties and the public; and
(D) provide an appropriate transition time prior to the applicable effective date of any changes, taking into account the timing necessary for the manufacture, marketing, training, and distribution of the specific product, building, landscape, process, or service category being addressed; and
(6) not later than December 31, 2019, consider for review and revise, if necessary, any WaterSense performance criteria adopted before January 1, 2012.
(c) Transparency The Administrator of the Environmental Protection Agency shall, to the extent practicable and not less than annually, estimate and make available to the public the relative water and energy savings attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services.
(d) Distinction of authorities In setting or maintaining specifications and criteria for Energy Star pursuant to section 6294a of this title, and WaterSense under this section, the Secretary of Energy and the Administrator of the Environmental Protection Agency shall coordinate to prevent duplicative or conflicting requirements among the respective programs.
(e) No warranty A WaterSense label shall not create any express or implied warranty.
(f) Methods for establishing performance criteria In establishing performance criteria for products, buildings, landscapes, facilities, processes, or services pursuant to this section, the Administrator of the Environmental Protection Agency shall use technical specifications and testing protocols established by voluntary consensus standards organizations relevant to specific products, buildings, landscapes, facilities, processes, or services, as appropriate.
(g) Definition of feasible The term “feasible” means feasible with the use of the best technology, techniques, and other means that the Administrator of the Environmental Protection Agency finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).
(Pub. L. 94163, title III, § 324B, as added Pub. L. 115270, title IV, § 4306(a), Oct. 23, 2018, 132 Stat. 3884.)
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# 42 U.S.C. § 6296 - Requirements of manufacturers
## Text
(a) In general Each manufacturer of a covered product to which a rule under section 6294 of this title applies shall provide a label which meets, and is displayed in accordance with, the requirements of such rule. If such manufacturer or any distributor, retailer, or private labeler of such product advertises such product in a catalog from which it may be purchased, such catalog shall contain all information required to be displayed on the label, except as otherwise provided by rule of the Commission. The preceding sentence shall not require that a catalog contain information respecting a covered product if the distribution of such catalog commenced before the effective date of the labeling rule under section 6294 of this title applicable to such product.
(b) Notification (1) Each manufacturer of a covered product to which a rule under section 6294 of this title applies shall notify the Secretary or the Commission—
(A) not later than 60 days after the date such rule takes effect, of the models in current production (and starting serial numbers of those models) to which such rule applies; and
(B) prior to commencement of production, of all models subsequently produced (and starting serial numbers of those models) to which such rule applies.
(2) If requested by the Secretary or Commission, the manufacturer of a covered product to which a rule under section 6294 of this title applies shall provide, within 30 days of the date of the request, the data from which the information included on the label and required by the rule was derived. Data shall be kept on file by the manufacturer for a period specified in the rule.
(3) When requested—
(A) by the Secretary for purposes of ascertaining whether a product subject to a standard established in or prescribed under section 6295 of this title is in compliance with that standard, or
(B) by the Commission for purposes of ascertaining whether the information set out on a label of a product, as required under section 6294 of this title, is accurate,
each manufacturer of such a product shall supply at his expense a reasonable number of such covered products to any laboratory designated by the Secretary or the Commission, as the case may be. Any reasonable charge levied by the laboratory for such testing shall be borne by the United States, if and to the extent provided in appropriation Acts.
(4) Each manufacturer of a covered product to which a rule under section 6294 of this title applies shall annually, at a time specified by the Commission, supply to the Commission relevant data respecting energy consumption or water use developed in accordance with the test procedures applicable to such product under section 6293 of this title.
(5) A rule under section 6293, 6294, or 6295 of this title may require the manufacturer or his agent to permit a representative designated by the Commission or the Secretary to observe any testing required by this part and inspect the results of such testing.
(c) Deadline Each manufacturer shall use labels reflecting the range data required to be disclosed under section 6294(c)(1)(B) of this title after the expiration of 60 days following the date of publication of any revised table of ranges unless the rule under section 6294 of this title provides for a later date. The Commission may not require labels be changed to reflect revised tables of ranges more often than annually.
(d) Information requirements (1) For purposes of carrying out this part, the Secretary may require, under this part or other provision of law administered by the Secretary, each manufacturer of a covered product to submit information or reports to the Secretary with respect to energy efficiency, energy use, or, in the case of showerheads, faucets, water closets, and urinals, water use of such covered product and the economic impact of any proposed energy conservation standard, as the Secretary determines may be necessary to establish and revise test procedures, labeling rules, and energy conservation standards for such product and to insure compliance with the requirements of this part. In making any determination under this paragraph, the Secretary shall consider existing public sources of information, including nationally recognized certification programs of trade associations.
(2) The Secretary shall exercise authority under this section in a manner designed to minimize unnecessary burdens on manufacturers of covered products.
(3) The provisions of section 796(d) of title 15 shall apply with respect to information obtained under this subsection to the same extent and in the same manner as they apply with respect to energy information obtained under section 796 of title 15.
(Pub. L. 94163, title III, § 326, Dec. 22, 1975, 89 Stat. 926; Pub. L. 95619, title IV, § 425(d), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3265, 3288; Pub. L. 10012, §§ 6, 11(a)(2), (b)(3), Mar. 17, 1987, 101 Stat. 117, 125; Pub. L. 102486, title I, § 123(g), Oct. 24, 1992, 106 Stat. 2829.)
## Notes
Editorial Notes
Amendments1992—Subsec. (b)(4). Pub. L. 102486, § 123(g)(1), inserted “or water use” after “consumption”. Subsec. (d)(1). Pub. L. 102486, § 123(g)(2), substituted “, energy use, or, in the case of showerheads, faucets, water closets, and urinals, water use” for “or energy use”. 1987—Subsec. (a). Pub. L. 10012, § 11(b)(3)(A), inserted heading. Subsec. (b). Pub. L. 10012, § 11(b)(3)(B), inserted heading. Subsec. (b)(3)(A). Pub. L. 10012, § 11(a)(2), inserted “established in or” before “prescribed under”. Subsec. (c). Pub. L. 10012, § 11(b)(3)(C), inserted heading. Subsec. (d). Pub. L. 10012, § 6, inserted “Information requirements” as heading and amended text generally. Prior to amendment, text read as follows: “For purposes of carrying out this part, the Secretary may require, under authority otherwise available to him under this part or other provisions of law administered by him, each manufacturer of covered products to submit such information or reports of any kind or nature directly to the Secretary with respect to energy efficiency of such covered products, and with respect to the economic impact of any proposed energy efficiency standard, as the Secretary determines may be necessary to establish and revise test procedures, labeling rules, and energy efficiency standards for such products and to insure compliance with the requirements of this part. The provisions of section 796(d) of title 15 shall apply with respect to information obtained under this subsection to the same extent and in the same manner as it applies with respect to energy information obtained under section 796 of title 15.” 1978—Subsec. (b)(1). Pub. L. 95619, § 425(d)(2), inserted requirement that manufacturers of covered products give notice to the Secretary of models affected by rules promulgated under section 6294 of this title and expanded the notice requirement itself to include models manufactured more than sixty days after the date a particular rule takes effect. Subsec. (b)(2). Pub. L. 95619, § 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration. Subsec. (b)(3). Pub. L. 95619, § 425(d)(3), authorized Secretary to request submission of covered products for purposes of ascertaining whether a particular product complies with standards under section 6295 of this title and also authorized Secretary to designate testing laboratories for the submitted products. Subsec. (b)(5). Pub. L. 95619, § 691(b)(2), substituted “Secretary” for “Administrator”. Subsec. (d). Pub. L. 95619, § 425(d)(1), added subsec. (d).
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# 42 U.S.C. § 6298 - Rules
## Text
The Commission and the Secretary may each issue such rules as each deems necessary to carry out the provisions of this part.
(Pub. L. 94163, title III, § 328, Dec. 22, 1975, 89 Stat. 928; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288.)
## Notes
Editorial Notes
Amendments1978—Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration.
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# 42 U.S.C. § 6299 - Authority to obtain information
## Text
(a) In general For purposes of carrying out this part, the Commission and the Secretary may each sign and issue subpenas for the attendance and testimony of witnesses and the production of relevant books, records, papers, and other documents, and may each administer oaths. Witnesses summoned under the provisions of this section shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States. In case of contumacy by, or refusal to obey a subpena served, upon any persons subject to this part, the Commission and the Secretary may each seek an order from the district court of the United States for any district in which such person is found or resides or transacts business requiring such person to appear and give testimony, or to appear and produce documents. Failure to obey any such order is punishable by such court as a contempt thereof.
(b) Confidentiality Any information submitted by any person to the Secretary or the Commission under this part shall not be considered energy information as defined by section 796(e)(1) of title 15 for purposes of any verification examination authorized to be conducted by the Comptroller General under section 6381 of this title.
(Pub. L. 94163, title III, § 329, Dec. 22, 1975, 89 Stat. 928; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 10012, § 11(b)(4), Mar. 17, 1987, 101 Stat. 125.)
## Notes
Editorial Notes
Amendments1987—Pub. L. 10012 inserted headings for subsecs. (a) and (b). 1978—Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.
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# 42 U.S.C. § 6300 - Exports
## Text
This part shall not apply to any covered product if (1) such covered product is manufactured, sold, or held for sale for export from the United States (or such product was imported for export), unless such product is in fact distributed in commerce for use in the United States, and (2) such covered product when distributed in commerce, or any container in which it is enclosed when so distributed, bears a stamp or label stating that such covered product is intended for export.
(Pub. L. 94163, title III, § 330, Dec. 22, 1975, 89 Stat. 928.)
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# 42 U.S.C. § 6301 - Imports
## Text
Any covered product offered for importation in violation of section 6302 of this title shall be refused admission into the customs territory of the United States under rules issued by the Secretary of the Treasury, except that the Secretary of the Treasury may, by such rules, authorize the importation of such covered product upon such terms and conditions (including the furnishing of a bond) as may appear to him appropriate to ensure that such covered product will not violate section 6302 of this title, or will be exported or abandoned to the United States. The Secretary of the Treasury shall prescribe rules under this section not later than 180 days after December 22, 1975.
(Pub. L. 94163, title III, § 331, Dec. 22, 1975, 89 Stat. 928.)
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# 42 U.S.C. § 6302 - Prohibited acts
## Text
(a) In general It shall be unlawful—
(1) for any manufacturer or private labeler to distribute in commerce any new covered product to which a rule under section 6294 of this title applies, unless such covered product is labeled in accordance with such rule;
(2) for any manufacturer, distributor, retailer, or private labeler to remove from any new covered product or render illegible any label required to be provided with such product under a rule under section 6294 of this title;
(3) for any manufacturer to fail to permit access to, or copying of, records required to be supplied under this part, or fail to make reports or provide other information required to be supplied under this part;
(4) for any person to fail to comply with an applicable requirement of section 6296(a), (b)(2), (b)(3), or (b)(5) of this title;
(5) for any manufacturer or private labeler to distribute in commerce any new covered product which is not in conformity with an applicable energy conservation standard established in or prescribed under this part, except to the extent that the new covered product is covered by a regional standard that is more stringent than the base national standard;
(6) for any manufacturer or private labeler to knowingly sell a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates any regional standard applicable to the product;
(7) for any manufacturer, distributor, retailer, or private labeler to distribute in commerce an adapter that—
(A) is designed to allow an incandescent lamp that does not have a medium screw base to be installed into a fixture or lampholder with a medium screw base socket; and
(B) is capable of being operated at a voltage range at least partially within 110 and 130 volts; or
(8) for any person—
(A) to activate an activation lock for a grid-enabled water heater with knowledge that such water heater is not used as part of an electric thermal storage or demand response program;
(B) to distribute an activation key for a grid-enabled water heater with knowledge that such activation key will be used to activate a grid-enabled water heater that is not used as part of an electric thermal storage or demand response program;
(C) to otherwise enable a grid-enabled water heater to operate at its designed specification and capabilities with knowledge that such water heater is not used as part of an electric thermal storage or demand response program; or
(D) to knowingly remove or render illegible the label of a grid-enabled water heater described in section 6295(e)(6)(A)(ii)(V) of this title.
(b) “New covered product” defined For purposes of this section, the term “new covered product” means a covered product the title of which has not passed to a purchaser who buys such product for purposes other than (1) reselling such product, or (2) leasing such product for a period in excess of one year.
(Pub. L. 94163, title III, § 332, Dec. 22, 1975, 89 Stat. 928; Pub. L. 10012, § 11(a)(3), (b)(5), Mar. 17, 1987, 101 Stat. 125; Pub. L. 110140, title III, §§ 306(b), 321(e), Dec. 19, 2007, 121 Stat. 1559, 1586; Pub. L. 11411, title II, § 201(2), Apr. 30, 2015, 129 Stat. 188.)
## Notes
Editorial Notes
Amendments2015—Subsec. (a)(6) to (8). Pub. L. 11411 redesignated par. (6) relating to prohibition of distribution in commerce of certain adapters as (7) and added par. (8). 2007—Subsec. (a)(4). Pub. L. 110140, § 321(e)(1), which directed the striking out of “or” after semicolon at end, could not be executed after amendment by Pub. L. 110140, § 306(b)(1). See below. Pub. L. 110140, § 306(b)(1), struck out “or” after semicolon at end. Subsec. (a)(5). Pub. L. 110140, § 321(e)(2), which directed substitution of “; or” for period at end, could not be executed after amendment by Pub. L. 110140, § 306(b)(2). See below. Pub. L. 110140, § 306(b)(2), substituted “part, except to the extent that the new covered product is covered by a regional standard that is more stringent than the base national standard; or” for “part.” Subsec. (a)(6). Pub. L. 110140, § 321(e)(3), added par. (6) relating to prohibition of distribution in commerce of certain adapters. Pub. L. 110140, § 306(b)(3), added par. (6) relating to sale of a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates a regional standard. 1987—Subsec. (a). Pub. L. 10012, § 11(b)(5)(A), inserted heading. Subsec. (a)(5). Pub. L. 10012, § 11(a)(3), substituted “energy conservation standard established in or prescribed under” for “energy efficiency standard prescribed under”. Subsec. (b). Pub. L. 10012, § 11(b)(5)(B), inserted heading.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
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# 42 U.S.C. § 6303 - Enforcement
## Text
(a) In general Except as provided in subsection (c), any person who knowingly violates any provision of section 6302 of this title shall be subject to a civil penalty of not more than $100 for each violation. Such penalties shall be assessed by the Commission, except that penalties for violations of section 6302(a)(3) of this title which relate to requirements prescribed by the Secretary, violations of section 6302(a)(4) of this title which relate to requests of the Secretary under section 6296(b)(2) of this title, or violations of paragraph (5), (6), (7), or (8) of section 6302(a) of this title shall be assessed by the Secretary. Civil penalties assessed under this part may be compromised by the agency or officer authorized to assess the penalty, taking into account the nature and degree of the violation and the impact of the penalty upon a particular respondent. Each violation of paragraph (1), (2), (5), (6), (7), or (8) of section 6302(a) of this title shall constitute a separate violation with respect to each covered product, and each day of violation of section 6302(a)(3) or (4) of this title shall constitute a separate violation.
(b) “Knowingly” defined As used in subsection (a), the term “knowingly” means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care.
(c) Special rule It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 45(a)(1) of title 15) for any person to violate section 6293(c) of this title, except to the extent that such violation is prohibited under the provisions of section 6302(a)(1) of this title, in which case such provisions shall apply.
(d) Procedure for assessing penalty (1) Before issuing an order assessing a civil penalty against any person under this section, the Secretary shall provide to such person notice of the proposed penalty. Such notice shall inform such person of his opportunity to elect in writing within 30 days after the date of receipt of such notice to have the procedures of paragraph (3) (in lieu of those of paragraph (2)) apply with respect to such assessment.
(2) (A) Unless an election is made within 30 calendar days after receipt of notice under paragraph (1) to have paragraph (3) apply with respect to such penalty, the Secretary shall assess the penalty, by order, after a determination of violation has been made on the record after an opportunity for an agency hearing pursuant to section 554 of title 5 before an administrative law judge appointed under section 3105 of such title 5. Such assessment order shall include the administrative law judges findings and the basis for such assessment.
(B) Any person against whom a penalty is assessed under this paragraph may, within 60 calendar days after the date of the order of the Secretary assessing such penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the Secretary, or the court may remand the proceeding to the Secretary for such further action as the court may direct.
(3) (A) In the case of any civil penalty with respect to which the procedures of this paragraph have been elected, the Secretary shall promptly assess such penalty, by order, after the date of the receipt of the notice under paragraph (1) of the proposed penalty.
(B) If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (A), the Secretary shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment.
(C) Any election to have this paragraph apply may not be revoked except with the consent of the Secretary.
(4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order under paragraph (2), or after the appropriate district court has entered final judgment in favor of the Secretary under paragraph (3), the Secretary shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review.
(5) (A) Notwithstanding the provisions of title 28 or section 7192(c) of this title, the Secretary shall be represented by the general counsel of the Department of Energy (or any attorney or attorneys within the Department of Energy designated by the Secretary) who shall supervise, conduct, and argue any civil litigation to which paragraph (3) of this subsection applies (including any related collection action under paragraph (4)) in a court of the United States or in any other court, except the Supreme Court. However, the Secretary or the general counsel shall consult with the Attorney General concerning such litigation, and the Attorney General shall provide, on request, such assistance in the conduct of such litigation as may be appropriate.
(B) Subject to the provisions of section 7192(c) of this title, the Secretary shall be represented by the Attorney General, or the Solicitor General, as appropriate, in actions under this subsection, except to the extent provided in subparagraph (A) of this paragraph.
(C) Section 7172(d) of this title shall not apply with respect to the functions of the Secretary under this subsection.
(6) For purposes of applying the preceding provisions of this subsection in the case of the assessment of a penalty by the Commission for a violation of paragraphs (1) and (2) of section 6302 of this title, references in such provisions to “Secretary” and “Department of Energy” shall be considered to be references to the “Commission”.
(Pub. L. 94163, title III, § 333, Dec. 22, 1975, 89 Stat. 929; Pub. L. 95619, title IV, §§ 423, 425(e), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3262, 3266, 3288; Pub. L. 10012, § 11(b)(6), Mar. 17, 1987, 101 Stat. 125; Pub. L. 11411, title II, § 201(3), Apr. 30, 2015, 129 Stat. 189.)
## Notes
Editorial Notes
Amendments2015—Subsec. (a). Pub. L. 11411 substituted “paragraph (5), (6), (7), or (8) of section 6302(a)” for “section 6302(a)(5)” and “paragraph (1), (2), (5), (6), (7), or (8) of section 6302(a)” for “paragraph (1), (2), or (5) of section 6302(a)”. 1987—Pub. L. 10012 inserted headings for subsecs. (a) to (d). 1978—Subsec. (a). Pub. L. 95619, §§ 425(e)(1), 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing, and “subsection (c)” for “subsection (b)”. Subsec. (c). Pub. L. 95619, § 425(e)(2), substituted “section 6293(c) of this title” for “section 6293(d)(2) of this title” and inserted provision making an exception from the unfair or deceptive act or practice rule. Subsec. (d). Pub. L. 95619, § 423, added subsec. (d).
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# 42 U.S.C. § 6304 - Injunctive enforcement
## Text
The United States district courts shall have jurisdiction to restrain (1) any violation of section 6302 of this title and (2) any person from distributing in commerce any covered product which does not comply with an applicable rule under section 6294 or 6295 of this title. Any such action shall be brought by the Commission, except that any such action to restrain any violation of section 6302(a)(3) of this title which relates to requirements prescribed by the Secretary, any violation of section 6302(a)(4) of this title which relates to requests of the Secretary under section 6296(b)(2) of this title, or any violation of paragraph (5), (6), (7), or (8) of section 6302(a) of this title shall be brought by the Secretary. Any such action to restrain any person from distributing in commerce a general service incandescent lamp that does not comply with the applicable standard established under section 6295(i) of this title or an adapter prohibited under section 6302(a)(7) of this title may also be brought by the attorney general of a State in the name of the State. Any such action may be brought in any United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found or transacts business. In any action under this section, process may be served on a defendant in any other district in which the defendant resides or may be found.
(Pub. L. 94163, title III, § 334, Dec. 22, 1975, 89 Stat. 929; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 110140, title III, § 321(f), Dec. 19, 2007, 121 Stat. 1586; Pub. L. 11411, title II, § 201(4), Apr. 30, 2015, 129 Stat. 189.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 11411 substituted “paragraph (5), (6), (7), or (8) of section 6302(a)” for “section 6302(a)(5)” and “section 6302(a)(7)” for “section 6302(a)(6)”. 2007—Pub. L. 110140 inserted after second sentence “Any such action to restrain any person from distributing in commerce a general service incandescent lamp that does not comply with the applicable standard established under section 6295(i) of this title or an adapter prohibited under section 6302(a)(6) of this title may also be brought by the attorney general of a State in the name of the State.” 1978—Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
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# 42 U.S.C. § 6305 - Citizen suits
## Text
(a) Civil actions; jurisdiction Except as otherwise provided in subsection (b), any person may commence a civil action against—
(1) any manufacturer or private labeler who is alleged to be in violation of any provision of this part or any rule under this part;
(2) any Federal agency which has a responsibility under this part where there is an alleged failure of such agency to perform any act or duty under this part which is not discretionary; or
(3) the Secretary in any case in which there is an alleged failure of the Secretary to comply with a nondiscretionary duty to issue a proposed or final rule according to the schedules set forth in section 6295 of this title.
The United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such provision or rule, or order such Federal agency to perform such act or duty, as the case may be. The courts shall advance on the docket, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the Secretary has failed to comply with a deadline established in section 6295 of this title, the court shall have jurisdiction to order appropriate relief, including relief that will ensure the Secretarys compliance with future deadlines for the same covered product.
(b) Limitation No action may be commenced—
(1) under subsection (a)(1)—
(A) prior to 60 days after the date on which the plaintiff has given notice of the violation (i) to the Secretary, (ii) to the Commission, and (iii) to any alleged violator of such provision or rule, or
(B) if the Commission has commenced and is diligently prosecuting a civil action to require compliance with such provision or rule, but, in any such action, any person may intervene as a matter of right.
(2) under subsection (a)(2) prior to 60 days after the date on which the plaintiff has given notice of such action to the Secretary and Commission.
Notice under this subsection shall be given in such manner as the Commission shall prescribe by rule.
(c) Right to intervene In such action under this section, the Secretary or the Commission (or both), if not a party, may intervene as a matter of right.
(d) Award of costs of litigation The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
(e) Preservation of other relief Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of this part or any rule thereunder, or to seek any other relief (including relief against the Secretary or the Commission).
(f) Compliance in good faith For purposes of this section, if a manufacturer or private labeler complied in good faith with a rule under this part, then he shall not be deemed to have violated any provision of this part by reason of the alleged invalidity of such rule.
(Pub. L. 94163, title III, § 335, Dec. 22, 1975, 89 Stat. 930; Pub. L. 95619, title IV, § 425(f), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3266, 3288; Pub. L. 10012, §§ 8, 11(b)(7), Mar. 17, 1987, 101 Stat. 122, 126.)
## Notes
Editorial Notes
Amendments1987—Subsec. (a). Pub. L. 10012, § 8, added par. (3) and inserted at end “The courts shall advance on the docket, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the Secretary has failed to comply with a deadline established in section 6295 of this title, the court shall have jurisdiction to order appropriate relief, including relief that will ensure the Secretarys compliance with future deadlines for the same covered product.” Subsecs. (b) to (f). Pub. L. 10012, § 11(b)(7), inserted headings for subsecs. (b) to (f). 1978—Subsec. (a). Pub. L. 95619, § 425(f), struck out provision in par. (1) which excluded sections 6295 and 6302(a)(5) of this title and rules thereunder, struck out provision in par. (2) which excluded any act or duty under section 6295 or 6302(a)(5) of this title, and inserted provision giving district courts jurisdiction to order Federal agencies to perform particular acts or duties under this part. Subsecs. (b), (c), (e). Pub. L. 95619, § 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.
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# 42 U.S.C. § 6307 - Consumer education
## Text
(a) In general The Secretary shall, in close cooperation and coordination with the Commission and appropriate industry trade associations and industry members, including retailers, and interested consumer and environmental organizations, carry out a program to educate consumers and other persons with respect to—
(1) the significance of estimated annual operating costs;
(2) the way in which comparative shopping, including comparisons of estimated annual operating costs, can save energy for the Nation and money for consumers; and
(3) such other matters as the Secretary determines may encourage the conservation of energy in the use of consumer products.
Such steps to educate consumers may include publications, audiovisual presentations, demonstrations, and the sponsorship of national and regional conferences involving manufacturers, distributors, retailers, and consumers, and State, local, and Federal Government representatives. Nothing in this section may be construed to require the compilation of lists which compare the estimated annual operating costs of consumer products by model or manufacturers name.
(b) State and local incentive programs (1) The Secretary shall, not later than one year after October 24, 1992, issue recommendations to the States for establishing State and local incentive programs designed to encourage the acceleration of voluntary replacement, by consumers, of existing showerheads, faucets, water closets, and urinals with those products that meet the standards established for such products pursuant to subsections (j) and (k) of section 6295 of this title.
(2) In developing such recommendations, the Secretary shall consult with the heads of other federal 11 So in original. Probably should be capitalized. agencies, including the Administrator of the Environmental Protection Agency; State officials; manufacturers, suppliers, and installers of plumbing products; and other interested parties.
(c) HVAC maintenance (1) To ensure that installed air conditioning and heating systems operate at maximum rated efficiency levels, the Secretary shall, not later than 180 days after August 8, 2005, carry out a program to educate homeowners and small business owners concerning the energy savings from properly conducted maintenance of air conditioning, heating, and ventilating systems.
(2) The Secretary shall carry out the program under paragraph (1), on a cost-shared basis, in cooperation with the Administrator of the Environmental Protection Agency and any other entities that the Secretary determines to be appropriate, including industry trade associations, industry members, and energy efficiency organizations.
(d) Small business education and assistance (1) The Administrator of the Small Business Administration, in consultation with the Secretary and the Administrator of the Environmental Protection Agency, shall develop and coordinate a Government-wide program, building on the Energy Star for Small Business Program, to assist small businesses in—
(A) becoming more energy efficient;
(B) understanding the cost savings from improved energy efficiency;
(C) understanding and accessing Federal procurement opportunities with regard to Energy Star technologies and products; and
(D) identifying financing options for energy efficiency upgrades.
(2) The Secretary, the Administrator of the Environmental Protection Agency, and the Administrator of the Small Business Administration shall—
(A) make program information available to small business concerns directly through the district offices and resource partners of the Small Business Administration, including small business development centers, womens business centers, and the Service Corps of Retired Executives (SCORE), and through other Federal agencies, including the Federal Emergency Management Agency and the Department of Agriculture; and
(B) coordinate assistance with the Secretary of Commerce for manufacturing-related efforts, including the Manufacturing Extension Partnership Program.
(3) The Secretary, on a cost shared basis in cooperation with the Administrator of the Environmental Protection Agency, shall provide to the Small Business Administration all advertising, marketing, and other written materials necessary for the dissemination of information under paragraph (2).
(4) The Secretary, the Administrator of the Environmental Protection Agency, and the Administrator of the Small Business Administration, as part of the outreach to small business concerns under the Energy Star Program for Small Business Program, may enter into cooperative agreements with qualified resources partners (including the National Center for Appropriate Technology) to establish, maintain, and promote a Small Business Energy Clearinghouse (in this subsection referred to as the “Clearinghouse”).
(5) The Secretary, the Administrator of the Environmental Protection Agency, and the Administrator of the Small Business Administration shall ensure that the Clearinghouse provides a centralized resource where small business concerns may access, telephonically and electronically, technical information and advice to help increase energy efficiency and reduce energy costs.
(6) There are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended.
(Pub. L. 94163, title III, § 337, Dec. 22, 1975, 89 Stat. 931; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 102486, title I, § 123(i), Oct. 24, 1992, 106 Stat. 2831; Pub. L. 10958, title I, § 132, Aug. 8, 2005, 119 Stat. 621.)
## Notes
Editorial Notes
Amendments2005—Subsecs. (c), (d). Pub. L. 10958 added subsecs. (c) and (d). 1992—Pub. L. 102486 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1978—Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
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# 42 U.S.C. § 6308 - Annual report
## Text
The Secretary shall report to the Congress and the President either (1) as part of his annual report, or (2) in a separate report submitted annually, on the progress of the program undertaken pursuant to this part and on the energy savings impact of this part. Each such report shall specify the actions undertaken by the Secretary in carrying out this part during the period covered by such report, and those actions which the Secretary was required to take under this part during such period but which were not taken, together with the reasons therefor. Nothing in this section provides a defense or justification for a failure by the Secretary to comply with a nondiscretionary duty as provided for in this part.
(Pub. L. 94163, title III, § 338, Dec. 22, 1975, 89 Stat. 932; Pub. L. 95619, title IV, § 425(h), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3266, 3288; Pub. L. 10012, § 10, Mar. 17, 1987, 101 Stat. 124.)
## Notes
Editorial Notes
Amendments1987—Pub. L. 10012 inserted at end “Nothing in this section provides a defense or justification for a failure by the Secretary to comply with a nondiscretionary duty as provided for in this part.” 1978—Pub. L. 95619 inserted requirement that each report under this section should account for actions taken by the Secretary, as well as actions not taken, during the covered period in carrying out this part and substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration.
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# 42 U.S.C. § 6309 - Authorization of appropriations
## Text
(a) Authorizations for Secretary There are authorized to be appropriated to the Secretary not more than the following amounts to carry out his responsibilities under this part—
(1) $1,700,000 for fiscal year 1976;
(2) $1,500,000 for fiscal year 1977;
(3) $3,300,000 for fiscal year 1978; and
(4) $10,000,000 for fiscal year 1979.
Amounts authorized for such purposes under paragraph (3) shall be in addition to amounts otherwise authorized and appropriated for such purposes.
(b) Authorizations for Commission There are authorized to be appropriated to the Commission not more than the following amounts to carry out its responsibilities under this part—
(1) $650,000 for fiscal year 1976;
(2) $700,000 for fiscal year 1977;
(3) $700,000 for fiscal year 1978; and
(3) 11 So in original. Probably should be designated “(4)”. $2,000,000 for fiscal year 1979.
(c) Other authorizations There are authorized to be appropriated to the Secretary to be allocated not more than the following amounts—
(1) $1,100,000 for fiscal year 1976;
(2) $2,500,000 for fiscal year 1977; and
(3) $1,800,000 for fiscal year 1978.
Such amounts shall, and any amounts authorized to be appropriated under subsection (a), may be allocated by the Secretary to the National Institute of Standards and Technology.
(Pub. L. 94163, title III, § 339, Dec. 22, 1975, 89 Stat. 932; Pub. L. 9570, § 3, July 21, 1977, 91 Stat. 276; Pub. L. 95619, title IV, § 426, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3267, 3288; Pub. L. 10012, § 11(b)(8), Mar. 17, 1987, 101 Stat. 126; Pub. L. 100418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
## Notes
Editorial Notes
Amendments1988—Subsec. (c). Pub. L. 100418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards” in closing provisions. 1987—Pub. L. 10012 inserted headings for subsecs. (a) to (c). 1978—Subsec. (a). Pub. L. 95619, §§ 426(a), 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, in text preceding par. (1), “$3,300,000” for “$1,500,000” in par. (3), added par. (4), and provided that amounts authorized under par. (3) would be in addition to amounts otherwise authorized and appropriated. Subsec. (b)(3). Pub. L. 95619, § 426(b), added second par. (3) relating to fiscal year 1979. Subsec. (c). Pub. L. 95619, § 691(b)(2), substituted “Secretary” for “Administrator”. 1977—Subsec. (c)(2). Pub. L. 9570, § 3(a), substituted “$2,500,000” for “$700,000”. Subsec. (c)(3). Pub. L. 9570, § 3(b), substituted “$1,800,000” for “$700,000”.
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# 42 U.S.C. § 6311 - Definitions
## Text
For purposes of this part—
(1) The term “covered equipment” means one of the following types of industrial equipment:
(A) Electric motors and pumps.
(B) Small commercial package air conditioning and heating equipment.
(C) Large commercial package air conditioning and heating equipment.
(D) Very large commercial package air conditioning and heating equipment.
(E) Commercial refrigerators, freezers, and refrigerator-freezers.
(F) Automatic commercial ice makers.
(G) Walk-in coolers and walk-in freezers.
(H) Commercial clothes washers.
(I) Packaged terminal air-conditioners and packaged terminal heat pumps.
(J) Warm air furnaces and packaged boilers.
(K) Storage water heaters, instantaneous water heaters, and unfired hot water storage tanks.
(L) Any other type of industrial equipment which the Secretary classifies as covered equipment under section 6312(b) of this title.
(2) (A) The term “industrial equipment” means any article of equipment referred to in subparagraph (B) of a type—
(i) which in operation consumes, or is designed to consume, energy;
(ii) which, to any significant extent, is distributed in commerce for industrial or commercial use; and
(iii) which is not a “covered product” as defined in section 6291(a)(2) of this title, other than a component of a covered product with respect to which there is in effect a determination under section 6312(c) of this title;
without regard to whether such article is in fact distributed in commerce for industrial or commercial use.
(B) The types of equipment referred to in this subparagraph (in addition to electric motors and pumps, commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, packaged terminal air-conditioners, packaged terminal heat pumps, warm air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks) are as follows:
(i) compressors;
(ii) fans;
(iii) blowers;
(iv) refrigeration equipment;
(v) electric lights and lighting power supply circuits;
(vi) electrolytic equipment;
(vii) electric arc equipment;
(viii) steam boilers;
(ix) ovens;
(x) kilns;
(xi) evaporators;
(xii) dryers; and
(xiii) other motors.
(3) The term “energy efficiency” means the ratio of the useful output of services from an article of industrial equipment to the energy use by such article, determined in accordance with test procedures under section 6314 of this title.
(4) The term “energy use” means the quantity of energy directly consumed by an article of industrial equipment at the point of use, determined in accordance with test procedures established under section 6314 of this title.
(5) The term “manufacturer” means any person who manufactures industrial equipment.
(6) The term “label” may include any printed matter determined appropriate by the Secretary.
(7) The terms “energy”, “manufacture”, “import”, “importation”, “consumer product”, “distribute in commerce”, “distribution in commerce”, and “commerce” have the same meaning as is given such terms in section 6291 of this title.
(8) (A) The term “commercial package air conditioning and heating equipment” means air-cooled, water-cooled, evaporatively-cooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application.
(B) The term “small commercial package air conditioning and heating equipment” means commercial package air conditioning and heating equipment that is rated below 135,000 Btu per hour (cooling capacity).
(C) The term “large commercial package air conditioning and heating equipment” means commercial package air conditioning and heating equipment that is rated—
(i) at or above 135,000 Btu per hour; and
(ii) below 240,000 Btu per hour (cooling capacity).
(D) The term “very large commercial package air conditioning and heating equipment” means commercial package air conditioning and heating equipment that is rated—
(i) at or above 240,000 Btu per hour; and
(ii) below 760,000 Btu per hour (cooling capacity).
(9) (A) The term “commercial refrigerator, freezer, and refrigerator-freezer” means refrigeration equipment that—
(i) is not a consumer product (as defined in section 6291 of this title);
(ii) is not designed and marketed exclusively for medical, scientific, or research purposes;
(iii) operates at a chilled, frozen, combination chilled and frozen, or variable temperature;
(iv) displays or stores merchandise and other perishable materials horizontally, semivertically, or vertically;
(v) has transparent or solid doors, sliding or hinged doors, a combination of hinged, sliding, transparent, or solid doors, or no doors;
(vi) is designed for pull-down temperature applications or holding temperature applications; and
(vii) is connected to a self-contained condensing unit or to a remote condensing unit.
(B) The term “holding temperature application” means a use of commercial refrigeration equipment other than a pull-down temperature application, except a blast chiller or freezer.
(C) The term “integrated average temperature” means the average temperature of all test package measurements taken during the test.
(D) The term “pull-down temperature application” means a commercial refrigerator with doors that, when fully loaded with 12 ounce beverage cans at 90 degrees F, can cool those beverages to an average stable temperature of 38 degrees F in 12 hours or less.
(E) The term “remote condensing unit” means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is remotely located from the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories.
(F) The term “self-contained condensing unit” means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is an integral part of the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories.
(10) (A) The term “packaged terminal air conditioner” means a wall sleeve and a separate unencased combination of heating and cooling assemblies specified by the builder and intended for mounting through the wall. It includes a prime source of refrigeration, separable outdoor louvers, forced ventilation, and heating availability by builders choice of hot water, steam, or electricity.
(B) The term “packaged terminal heat pump” means a packaged terminal air conditioner that utilizes reverse cycle refrigeration as its prime heat source and should have supplementary heat source available to builders with the choice of hot water, steam, or electric resistant heat.
(11) (A) The term “warm air furnace” means a self-contained oil- or gas-fired furnace designed to supply heated air through ducts to spaces that require it and includes combination warm air furnace/electric air conditioning units but does not include unit heaters and duct furnaces.
(B) The term “packaged boiler” means a boiler that is shipped complete with heating equipment, mechanical draft equipment, and automatic controls; usually shipped in one or more sections.
(12) (A) The term “storage water heater” means a water heater that heats and stores water within the appliance at a thermostatically controlled temperature for delivery on demand. Such term does not include units with an input rating of 4000 Btu per hour or more per gallon of stored water.
(B) The term “instantaneous water heater” means a water heater that has an input rating of at least 4000 Btu per hour per gallon of stored water.
(C) The term “unfired hot water storage tank” means a tank used to store water that is heated externally.
(13) Electric motor.— (A) General purpose electric motor (subtype i).— The term “general purpose electric motor (subtype I)” means any motor that meets the definition of “General Purpose” as established in the final rule issued by the Department of Energy entitled “Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures, Labeling, and Certification Requirements for Electric Motors” (10 CFR 431), as in effect on December 19, 2007.
(B) General purpose electric motor (subtype ii).— The term “general purpose electric motor (subtype II)” means motors incorporating the design elements of a general purpose electric motor (subtype I) that are configured as 1 of the following:
(i) A U-Frame Motor.
(ii) A Design C Motor.
(iii) A close-coupled pump motor.
(iv) A Footless motor.
(v) A vertical solid shaft normal thrust motor (as tested in a horizontal configuration).
(vi) An 8-pole motor (900 rpm).
(vii) A poly-phase motor with voltage of not more than 600 volts (other than 230 or 460 volts.11 So in original. A closing parenthesis probably should follow “volts”.
(C) The term “definite purpose motor” means any motor designed in standard ratings with standard operating characteristics or standard mechanical construction for use under service conditions other than usual or for use on a particular type of application and which cannot be used in most general purpose applications.
(D) The term “special purpose motor” means any motor, other than a general purpose motor or definite purpose motor, which has special operating characteristics or special mechanical construction, or both, designed for a particular application.
(E) The term “open motor” means a motor having ventilating openings which permit passage of external cooling air over and around the windings of the machine.
(F) The term “enclosed motor” means a motor so enclosed as to prevent the free exchange of air between the inside and outside of the case but not sufficiently enclosed to be termed airtight.
(G) The term “small electric motor” means a NEMA general purpose alternating current single-speed induction motor, built in a two-digit frame number series in accordance with NEMA Standards Publication MG11987.
(H) The term “efficiency” when used with respect to an electric motor means the ratio of an electric motors useful power output to its total power input, expressed in percentage.
(I) The term “nominal full load efficiency” means the average efficiency of a population of motors of duplicate design as determined in accordance with NEMA Standards Publication MG11987.
(14) The term “ASHRAE” means the American Society of Heating, Refrigerating, and Air Conditioning Engineers.
(15) The term “IES” means the Illuminating Engineering Society of North America.
(16) The term “NEMA” means the National Electrical Manufacturers Association.
(17) The term “IEEE” means the Institute of Electrical and Electronics Engineers.
(18) The term “energy conservation standard” means—
(A) a performance standard that prescribes a minimum level of energy efficiency or a maximum quantity of energy use for a product; or
(B) a design requirement for a product.
(19) The term “automatic commercial ice maker” means a factory-made assembly (not necessarily shipped in one package) that—
(A) consists of a condensing unit and ice-making section operating as an integrated unit, with means for making and harvesting ice; and
(B) may include means for storing ice, dispensing ice, or storing and dispensing ice.
(20) Walk-in cooler; walk-in freezer.— (A) In general.— The terms “walk-in cooler” and “walk-in freezer” mean an enclosed storage space refrigerated to temperatures, respectively, above, and at or below 32 degrees Fahrenheit that can be walked into, and has a total chilled storage area of less than 3,000 square feet.
(B) Exclusion.— The terms “walk-in cooler” and “walk-in freezer” do not include products designed and marketed exclusively for medical, scientific, or research purposes.
(21) The term “commercial clothes washer” means a soft-mount front-loading or soft-mount top-loading clothes washer that—
(A) has a clothes container compartment that—
(i) for horizontal-axis clothes washers, is not more than 3.5 cubic feet; and
(ii) for vertical-axis clothes washers, is not more than 4.0 cubic feet; and
(B) is designed for use in—
(i) applications in which the occupants of more than one household will be using the clothes washer, such as multi-family housing common areas and coin laundries; or
(ii) other commercial applications.
(22) 22 So in original. Two pars. (22) have been enacted. The term “harvest rate” means the amount of ice (at 32 degrees F) in pounds produced per 24 hours.
(22) 2 Single package vertical air conditioner.— The term “single package vertical air conditioner” means air-cooled commercial package air conditioning and heating equipment that—
(A) is factory-assembled as a single package that—
(i) has major components that are arranged vertically;
(ii) is an encased combination of cooling and optional heating components; and
(iii) is intended for exterior mounting on, adjacent interior to, or through an outside wall;
(B) is powered by a single- or 3-phase current;
(C) may contain 1 or more separate indoor grilles, outdoor louvers, various ventilation options, indoor free air discharges, ductwork, well plenum, or sleeves; and
(D) has heating components that may include electrical resistance, steam, hot water, or gas, but may not include reverse cycle refrigeration as a heating means.
(23) Single package vertical heat pump.— The term “single package vertical heat pump” means a single package vertical air conditioner that—
(A) uses reverse cycle refrigeration as its primary heat source; and
(B) may include secondary supplemental heating by means of electrical resistance, steam, hot water, or gas.
(Pub. L. 94163, title III, § 340, as added Pub. L. 95619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3267; amended Pub. L. 102486, title I, § 122(a), (f)(1), Oct. 24, 1992, 106 Stat. 2806, 2817; Pub. L. 10958, title I, § 136(a), Aug. 8, 2005, 119 Stat. 634; Pub. L. 110140, title III, §§ 312(a), 313(a), 314(a), Dec. 19, 2007, 121 Stat. 1564, 1568, 1569; Pub. L. 112210, § 10(c)(1), Dec. 18, 2012, 126 Stat. 1525; Pub. L. 115115, § 2(b)(1), Jan. 12, 2018, 131 Stat. 2280.)
## Notes
Editorial Notes
Amendments2018—Par. (2)(B)(v). Pub. L. 115115 added cl. (v) and struck out former cl. (v) which read as follows: “ electric lights;”. 2012—Par. (2)(B)(xiii). Pub. L. 112210 added cl. (xiii). 2007—Par. (1)(G) to (L). Pub. L. 110140, § 312(a)(1), added subpar. (G) and redesignated former subpars. (G) to (K) as (H) to (L), respectively. Par. (13). Pub. L. 110140, § 313(a), inserted par. heading, added subpars. (A) and (B), redesignated former subpars. (B) to (H) as (C) to (I), respectively, and struck out former subpar. (A) which read as follows: “The term electric motor means any motor which is a general purpose T-frame, single-speed, foot-mounting, polyphase squirrel-cage induction motor of the National Electrical Manufacturers Association, Design A and B, continuous rated, operating on 230/460 volts and constant 60 Hertz line power as defined in NEMA Standards Publication MG11987.” Pars. (20), (21). Pub. L. 110140, § 312(a)(2), (3), added par. (20) and redesignated former par. (20) as (21). Former par. (21) redesignated (22) relating to harvest rate. Par. (22). Pub. L. 110140, § 314(a), added par. (22) relating to single package vertical air conditioner. Pub. L. 110140, § 312(a)(2), redesignated par. (21) as (22) relating to harvest rate. Par. (23). Pub. L. 110140, § 314(a), added par. (23). 2005—Par. (1)(D) to (K). Pub. L. 10958, § 136(a)(1), added subpars. (D) to (G) and redesignated former subpars. (D) to (G) as (H) to (K), respectively. Par. (2)(B). Pub. L. 10958, § 136(a)(2), substituted “commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers” for “small and large commercial package air conditioning and heating equipment” in introductory provisions. Pars. (8), (9). Pub. L. 10958, § 136(a)(3), added pars. (8) and (9) and struck out former pars. (8) and (9) which read as follows: “(8) The term small commercial package air conditioning and heating equipment means air-cooled, water-cooled, evaporatively-cooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application which are rated below 135,000 Btu per hour (cooling capacity). “(9) The term large commercial package air conditioning and heating equipment means air-cooled, water-cooled, evaporatively-cooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application which are rated at or above 135,000 Btu per hour and below 240,000 Btu per hour (cooling capacity).” Pars. (19) to (21). Pub. L. 10958, § 136(a)(4), added pars. (19) to (21). 1992—Par. (1)(B) to (G). Pub. L. 102486, § 122(a)(1), added subpars. (B) to (F) and redesignated former subpar. (B) as (G). Par. (2)(B). Pub. L. 102486, § 122(a)(2), in introductory provisions, substituted “pumps, small and large commercial package air conditioning and heating equipment, packaged terminal air-conditioners, packaged terminal heat pumps, warm air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks)” for “pumps)”, redesignated cls. (vi) to (x) and (xii) to (xiv) as cls. (v) to (ix) and (x) to (xii), respectively, and struck out former cls. (v) and (xi) which read “air conditioning equipment;” and “furnaces;”, respectively. Par. (3). Pub. L. 102486, § 122(f)(1), substituted “(3) The” for “(3) the”. Pars. (8) to (18). Pub. L. 102486, § 122(a)(3), added pars. (8) to (18).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
Extended Product System Rebate ProgramPub. L. 116260, div. Z, title I, § 1005, Dec. 27, 2020, 134 Stat. 2430, provided that: “(a) Definitions.—In this section:“(1) Electric motor.—The term electric motor has the meaning given the term in section 431.12 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act [Dec. 27, 2020]). “(2) Electronic control.—The term electronic control means—“(A) a power converter; or “(B) a combination of a power circuit and control circuit included on 1 chassis. “(3) Extended product system.—The term extended product system means an electric motor and any required associated electronic control and driven load that—“(A) offers variable speed or multispeed operation; “(B) offers partial load control that reduces input energy requirements (as measured in kilowatt-hours) as compared to identified base levels set by the Secretary of Energy (in this section referred to as the Secretary); and “(C)(i) has greater than 1 horsepower; and “(ii) uses an extended product system technology, as determined by the Secretary. “(4) Qualified extended product system.—“(A) In general.—The term qualified extended product system means an extended product system that—“(i) includes an electric motor and an electronic control; and “(ii) reduces the input energy (as measured in kilowatt-hours) required to operate the extended product system by not less than 5 percent, as compared to identified base levels set by the Secretary. “(B) Inclusions.—The term qualified extended product system includes commercial or industrial machinery or equipment that—“(i)(I) did not previously make use of the extended product system prior to the redesign described in subclause (II); and “(II) incorporates an extended product system that has greater than 1 horsepower into redesigned machinery or equipment; and “(ii) was previously used prior to, and was placed back into service during, calendar year 2021 or 2022. “(b) Establishment.—Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide rebates for expenditures made by qualified entities for the purchase or installation of a qualified extended product system. “(c) Qualified Entities.—“(1) Eligibility requirements.—A qualified entity under this section shall be—“(A) in the case of a qualified extended product system described in subsection (a)(4)(A), the purchaser of the qualified extended product that is installed; and “(B) in the case of a qualified extended product system described in subsection (a)(4)(B), the manufacturer of the commercial or industrial machinery or equipment that incorporated the extended product system into that machinery or equipment. “(2) Application.—To be eligible to receive a rebate under this section, a qualified entity shall submit to the Secretary—“(A) an application in such form, at such time, and containing such information as the Secretary may require; and “(B) a certification that includes demonstrated evidence—“(i) that the entity is a qualified entity; and “(ii)(I) in the case of a qualified entity described in paragraph (1)(A)—  “(aa) that the qualified entity installed the qualified extended product system during the 2 fiscal years following the date of enactment of this Act;  “(bb) that the qualified extended product system meets the requirements of subsection (a)(4)(A); and  “(cc) showing the serial number, manufacturer, and model number from the nameplate of the installed motor of the qualified entity on which the qualified extended product system was installed; or “(II) in the case of a qualified entity described in paragraph (1)(B), demonstrated evidence—  “(aa) that the qualified extended product system meets the requirements of subsection (a)(4)(B); and  “(bb) showing the serial number, manufacturer, and model number from the nameplate of the installed motor of the qualified entity with which the extended product system is integrated. “(d) Authorized Amount of Rebate.—“(1) In general.—The Secretary may provide to a qualified entity a rebate in an amount equal to the product obtained by multiplying—“(A) an amount equal to the sum of the nameplate rated horsepower of—“(i) the electric motor to which the qualified extended product system is attached; and “(ii) the electronic control; and “(B) $25. “(2) Maximum aggregate amount.—A qualified entity shall not be entitled to aggregate rebates under this section in excess of $25,000 per calendar year. “(e) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 and 2023.”
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# 42 U.S.C. § 6312 - Purposes and coverage
## Text
(a) Congressional statement of purpose It is the purpose of this part to improve the efficiency of electric motors and pumps and certain other industrial equipment in order to conserve the energy resources of the Nation.
(b) Inclusion of industrial equipment as covered equipment The Secretary may, by rule, include a type of industrial equipment as covered equipment if he determines that to do so is necessary to carry out the purposes of this part.
(c) Inclusion of component parts of consumer products as industrial equipment The Secretary may, by rule, include as industrial equipment articles which are component parts of consumer products, if he determines that—
(1) such articles are, to a significant extent, distributed in commerce other than as component parts for consumer products; and
(2) such articles meet the requirements of section 6311(2)(A) of this title (other than clauses (ii) and (iii)).
(Pub. L. 94163, title III, § 341, as added Pub. L. 95619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3268.)
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# 42 U.S.C. § 6314 - Test procedures
## Text
(a) Prescription by Secretary; requirements (1) Test procedures.— (A) 11 So in original. No subpar. (B) has been enacted. Amendment.— At least once every 7 years, the Secretary shall conduct an evaluation of each class of covered equipment and—
(i) if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraphs (2) and (3), shall prescribe test procedures for the class in accordance with this section; or
(ii) shall publish notice in the Federal Register of any determination not to amend a test procedure.
(2) Test procedures prescribed in accordance with this section shall be reasonably designed to produce test results which reflect energy efficiency, energy use, and estimated operating costs of a type of industrial equipment (or class thereof) during a representative average use cycle (as determined by the Secretary), and shall not be unduly burdensome to conduct.
(3) If the test procedure is a procedure for determining estimated annual operating costs, such procedure shall provide that such costs shall be calculated from measurements of energy use in a representative average-use cycle (as determined by the Secretary), and from representative average unit costs of the energy needed to operate such equipment during such cycle. The Secretary shall provide information to manufacturers of covered equipment respecting representative average unit costs of energy.
(4) (A) With respect to small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks to which standards are applicable under section 6313 of this title, the test procedures shall be those generally accepted industry testing procedures or rating procedures developed or recognized by the Air-Conditioning, Heating, and Refrigeration Institute or by the American Society of Heating, Refrigerating and Air Conditioning Engineers, as referenced in ASHRAE/IES Standard 90.1 and in effect on June 30, 1992.
(B) If such an industry test procedure or rating procedure for small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks is amended, the Secretary shall amend the test procedure for the product as necessary to be consistent with the amended industry test procedure or rating procedure unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures described in paragraphs (2) and (3) of this subsection.
(C) If the Secretary prescribes a rule containing such a determination, the rule may establish an amended test procedure for such product that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements specified in section 6293(e) of this title.
(5) (A) With respect to electric motors to which standards are applicable under section 6313 of this title, the test procedures shall be the test procedures specified in NEMA Standards Publication MG11987 and IEEE Standard 112 Test Method B for motor efficiency, as in effect on October 24, 1992.
(B) If the test procedure requirements of NEMA Standards Publication MG1987 and IEEE Standard 112 Test Method B for motor efficiency are amended, the Secretary shall amend the test procedures established by subparagraph (A) to conform to such amended test procedure requirements unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures described in paragraphs (2) and (3) of this subsection.
(C) If the Secretary prescribes a rule containing such a determination, the rule may establish amended test procedures for such electric motors that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements specified in section 6293(e) of this title.
(6) (A) (i) In the case of commercial refrigerators, freezers, and refrigerator-freezers, the test procedures shall be—
(I) the test procedures determined by the Secretary to be generally accepted industry testing procedures; or
(II) rating procedures developed or recognized by the ASHRAE or by the American National Standards Institute.
(ii) In the case of self-contained refrigerators, freezers, and refrigerator-freezers to which standards are applicable under paragraphs (2) and (3) of section 6313(c) of this title, the initial test procedures shall be the ASHRAE 117 test procedure that is in effect on January 1, 2005.
(B) (i) 22 So in original. No cl. (ii) has been enacted. In the case of commercial refrigerators, freezers, and refrigerator-freezers with doors covered by the standards adopted in February 2002, by the California Energy Commission, the rating temperatures shall be the integrated average temperature of 38 degrees F (± 2 degrees F) for refrigerator compartments and 0 degrees F (± 2 degrees F) for freezer compartments.
(C) The Secretary shall issue a rule in accordance with paragraphs (2) and (3) to establish the appropriate rating temperatures for the other products for which standards will be established under section 6313(c)(4) 33 See References in Text note below. of this title.
(D) In establishing the appropriate test temperatures under this subparagraph, the Secretary shall follow the procedures and meet the requirements under section 6293(e) of this title.
(E) (i) Not later than 180 days after the publication of the new ASHRAE 117 test procedure, if the ASHRAE 117 test procedure for commercial refrigerators, freezers, and refrigerator-freezers is amended, the Secretary shall, by rule, amend the test procedure for the product as necessary to ensure that the test procedure is consistent with the amended ASHRAE 117 test procedure, unless the Secretary makes a determination, by rule, and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs (2) and (3).
(ii) If the Secretary determines that 180 days is an insufficient period during which to review and adopt the amended test procedure or rating procedure under clause (i), the Secretary shall publish a notice in the Federal Register stating the intent of the Secretary to wait not longer than 1 additional year before putting into effect an amended test procedure or rating procedure.
(F) (i) If a test procedure other than the ASHRAE 117 test procedure is approved by the American National Standards Institute, the Secretary shall, by rule—
(I) review the relative strengths and weaknesses of the new test procedure relative to the ASHRAE 117 test procedure; and
(II) based on that review, adopt one new test procedure for use in the standards program.
(ii) If a new test procedure is adopted under clause (i)—
(I) section 6293(e) of this title shall apply; and
(II) subparagraph (B) shall apply to the adopted test procedure.
(7) (A) In the case of automatic commercial ice makers, the test procedures shall be the test procedures specified in Air-Conditioning, Heating, and Refrigeration Institute Standard 8102003, as in effect on January 1, 2005.
(B) (i) If Air-Conditioning, Heating, and Refrigeration Institute Standard 8102003 is amended, the Secretary shall amend the test procedures established in subparagraph (A) as necessary to be consistent with the amended Air-Conditioning, Heating, and Refrigeration Institute Standard, unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs (2) and (3).
(ii) If the Secretary issues a rule under clause (i) containing a determination described in clause (ii), the rule may establish an amended test procedure for the product that meets the requirements of paragraphs (2) and (3).
(C) The Secretary shall comply with section 6293(e) of this title in establishing any amended test procedure under this paragraph.
(8) With respect to commercial clothes washers, the test procedures shall be the same as the test procedures established by the Secretary for residential clothes washers under section 6295(g) of this title.
(9) Walk-in coolers and walk-in freezers.— (A) In general.— For the purpose of test procedures for walk-in coolers and walk-in freezers:
(i) The R value shall be the 1/K factor multiplied by the thickness of the panel.
(ii) The K factor shall be based on ASTM test procedure C5182004.
(iii) For calculating the R value for freezers, the K factor of the foam at 20°F (average foam temperature) shall be used.
(iv) For calculating the R value for coolers, the K factor of the foam at 55°F (average foam temperature) shall be used.
(B) Test procedure.— (i) In general.— Not later than January 1, 2010, the Secretary shall establish a test procedure to measure the energy-use of walk-in coolers and walk-in freezers.
(ii) Computer modeling.— The test procedure may be based on computer modeling, if the computer model or models have been verified using the results of laboratory tests on a significant sample of walk-in coolers and walk-in freezers.
(b) Publication in Federal Register; presentment of oral and written data, views, and arguments by interested persons Before prescribing any final test procedures under this section, the Secretary shall—
(1) publish proposed test procedures in the Federal Register; and
(2) afford interested persons an opportunity (of not less than 45 days duration) to present oral and written data, views, and arguments on the proposed test procedures.
(c) Reevaluations (1) The Secretary shall, not later than 3 years after the date of prescribing a test procedure under this section (and from time to time thereafter), conduct a reevaluation of such procedure and, on the basis of such reevaluation, shall determine if such test procedure should be amended. In conducting such reevaluation, the Secretary shall take into account such information as he deems relevant, including technological developments relating to the energy efficiency of the type (or class) of covered equipment involved.
(2) If the Secretary determines under paragraph (1) that a test procedure should be amended, he shall promptly publish in the Federal Register proposed test procedures incorporating such amendments and afford interested persons an opportunity to present oral and written data, views, and arguments. Such comment period shall not be less than 45 days duration.
(d) Prohibited representations (1) Effective 180 days (or, in the case of small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, 360 days) after a test procedure rule applicable to any covered equipment is prescribed under this section, no manufacturer, distributor, retailer, or private labeler may make any representation—
(A) in writing (including any representation on a label), or
(B) in any broadcast advertisement,
respecting the energy consumption of such equipment or cost of energy consumed by such equipment, unless such equipment has been tested in accordance with such test procedure and such representation fairly discloses the results of such testing.
(2) On the petition of any manufacturer, distributor, retailer, or private labeler, filed not later than the 60th day before the expiration of the period involved, the 180-day period referred to in paragraph (1) may be extended by the Secretary with respect to the petitioner (but in no event for more than an additional 180 days) if he finds that the requirements of paragraph (1) would impose on such petitioner an undue hardship (as determined by the Secretary).
(e) Assistance by National Institute of Standards and Technology The Secretary may direct the National Institute of Standards and Technology to provide such assistance as the Secretary deems necessary to carry out his responsibilities under this part, including the development of test procedures.
(Pub. L. 94163, title III, § 343, as added Pub. L. 95619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3270; amended Pub. L. 100418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102486, title I, § 122(b), (f)(2), Oct. 24, 1992, 106 Stat. 2808, 2817; Pub. L. 10958, title I, § 136(f), Aug. 8, 2005, 119 Stat. 641; Pub. L. 110140, title III, §§ 302(b), 312(c), Dec. 19, 2007, 121 Stat. 1552, 1566; Pub. L. 112210, § 10(a)(2), (c)(2), Dec. 18, 2012, 126 Stat. 1522, 1525.)
## Notes
Editorial Notes
References in TextSection 6313(c)(4) of this title, referred to in subsec. (a)(6)(C), was redesignated section 6313(c)(5) of this title by Pub. L. 112210, § 4(2), Dec. 18, 2012, 126 Stat. 1517.
Amendments2012—Subsec. (a). Pub. L. 112210, § 10(a)(2), made technical amendment to directory language of Pub. L. 110140, § 302(b). See 2007 Amendment note below. Subsec. (a)(4)(A), (7). Pub. L. 112210, § 10(c)(2), substituted “Air-Conditioning, Heating, and Refrigeration Institute” for “Air-Conditioning and Refrigeration Institute” wherever appearing. 2007—Subsec. (a). Pub. L. 110140, § 302(b), as amended by Pub. L. 112210, § 10(a)(2), inserted subsec. heading, added par. (1), and struck out former par. (1) which read as follows: “The Secretary may conduct an evaluation of a class of covered equipment and may prescribe test procedures for such class in accordance with the provisions of this section.” Subsec. (a)(9). Pub. L. 110140, § 312(c), added par. (9). 2005—Subsec. (a)(4)(A), (B). Pub. L. 10958, § 136(f)(1)(A), inserted “very large commercial package air conditioning and heating equipment,” after “large commercial package air conditioning and heating equipment,”. Subsec. (a)(6) to (8). Pub. L. 10958, § 136(f)(1)(B), added pars. (6) to (8). Subsec. (d)(1). Pub. L. 10958, § 136(f)(2), inserted “very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers,” after “large commercial package air conditioning and heating equipment,” in introductory provisions. 1992—Subsec. (a)(1). Pub. L. 102486, § 122(b)(1)(A), added par. (1) and struck out former par. (1) which read as follows: “If the Secretary has conducted an evaluation of a class of covered equipment under section 6313 of this title, he may prescribe test procedures for such class in accordance with the following provisions of this section.” Subsec. (a)(4), (5). Pub. L. 102486, § 122(b)(1)(B), added pars. (4) and (5). Subsecs. (c), (d). Pub. L. 102486, § 122(f)(2), redesignated subsec. (d), relating to reevaluations, as (c). Subsec. (d)(1). Pub. L. 102486, § 122(b)(2), inserted “(or, in the case of small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, 360 days)” after “180 days”. 1988—Subsec. (e). Pub. L. 100418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by section 10(a)(2) of Pub. L. 112210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110140, see section 10(a)(13) of Pub. L. 112210, set out as a note under section 6291 of this title.
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
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# 42 U.S.C. § 6315 - Labeling
## Text
(a) Prescription by Secretary If the Secretary has prescribed test procedures under section 6314 of this title for any class of covered equipment, he shall prescribe a labeling rule applicable to such class of covered equipment in accordance with the following provisions of this section.
(b) Disclosure of energy efficiency of articles of covered equipment A labeling rule prescribed in accordance with this section shall require that each article of covered equipment which is in the type (or class) of industrial equipment to which such rule applies, discloses by label, the energy efficiency of such article, determined in accordance with test procedures under section 6314 of this title. Such rule may also require that such disclosure include the estimated operating costs and energy use, determined in accordance with test procedures under section 6314 of this title.
(c) Inclusion of requirements A rule prescribed in accordance with this section shall include such requirements as the Secretary determines are likely to assist purchasers in making purchasing decisions, including—
(1) requirements and directions for display of any label,
(2) requirements for including on any label, or separately attaching to, or shipping with, the covered equipment, such additional information relating to energy efficiency, energy use, and other measures of energy consumption, including instructions for the maintenance, use, or repair of the covered equipment, as the Secretary determines necessary to provide adequate information to purchasers, and
(3) requirements that printed matter which is displayed or distributed at the point of sale of such equipment shall disclose such information as may be required under this section to be disclosed on the label of such equipment.
(d) Labeling rules applicable to electric motors Subject to subsection (h), not later than 12 months after the Secretary establishes test procedures for electric motors under section 6314 of this title, the Secretary shall prescribe labeling rules under this section applicable to electric motors taking into consideration NEMA Standards Publication MG11987. Such rules shall provide that the labeling of any electric motor manufactured after the 12-month period beginning on the date the Secretary prescribes such labeling rules, shall—
(1) indicate the energy efficiency of the motor on the permanent nameplate attached to such motor;
(2) prominently display the energy efficiency of the motor in equipment catalogs and other material used to market the equipment; and
(3) include such other markings as the Secretary determines necessary solely to facilitate enforcement of the standards established for electric motors under section 6313 of this title.
(e) Labeling rules for air conditioning and heating equipment Subject to subsection (h), not later than 12 months after the Secretary establishes test procedures for small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, walk-in coolers and walk-in freezers, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks under section 6314 of this title, the Secretary shall prescribe labeling rules under this section for such equipment. Such rules shall provide that the labeling of any small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, walk-in coolers and walk-in freezers, packaged terminal air conditioner, packaged terminal heat pump, warm-air furnace, packaged boiler, storage water heater, instantaneous water heater, and unfired hot water storage tank manufactured after the 12-month period beginning on the date the Secretary prescribes such rules shall—
(1) indicate the energy efficiency of the equipment on the permanent nameplate attached to such equipment or other nearby permanent marking;
(2) prominently display the energy efficiency of the equipment in new equipment catalogs used by the manufacturer to advertise the equipment; and
(3) include such other markings as the Secretary determines necessary solely to facilitate enforcement of the standards established for such equipment under section 6313 of this title.
(f) Consultation with Federal Trade Commission Before prescribing any labeling rules for a type (or class) of covered equipment, the Secretary shall consult with, and obtain the written views of, the Federal Trade Commission with respect to such rules. The Federal Trade Commission shall promptly provide such written views upon the request of the Secretary.
(g) Publication in Federal Register; presentment of oral and written data, views, and arguments of interested persons (1) Before prescribing any labeling rules under this section, the Secretary shall—
(A) publish proposed labeling rules in the Federal Register, and
(B) afford interested persons an opportunity (of not less than 45 days duration) to pre- sent oral and written data, views, and arguments on the proposed rules.
(2) A labeling rule prescribed under this section shall take effect not later than 3 months after the date of prescription of such rule, except that such rules may take effect not later than 6 months after such date of prescription if the Secretary determines that such extension is necessary to allow persons subject to such rules adequate time to come into compliance with such rules.
(h) Restrictions on Secretarys authority to promulgate rules The Secretary shall not promulgate labeling rules for any class of industrial equipment unless he has determined that—
(1) labeling in accordance with this section is technologically and economically feasible with respect to such class;
(2) significant energy savings will likely result from such labeling; and
(3) labeling in accordance with this section is likely to assist consumers in making purchasing decisions.
(i) Tests for accuracy of information contained on labels When requested by the Secretary, any manufacturer of industrial equipment to which a rule under this section applies shall supply at the manufacturers expense a reasonable number of articles of such covered equipment to any laboratory or testing facility designated by the Secretary, or permit representatives of such laboratory or facility to test such equipment at the site where it is located, for purposes of ascertaining whether the information set out on the label, or otherwise required to be disclosed, as required under this section, is accurate. Any reasonable charge levied by the laboratory or facility for such testing shall be borne by the United States, if and to the extent provided in appropriations Acts.
(j) Products completed prior to effective date of rules A labeling rule under this section shall not apply to any article of covered equipment the manufacture of which was completed before the effective date of such rule.
(k) Labeling authority under Federal Trade Commission Act Until such time as labeling rules under this section take effect with respect to a type (or class) of covered equipment, this section shall not affect any authority of the Commission under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] to require labeling with respect to energy consumption of such type (or class) of covered equipment.
(Pub. L. 94163, title III, § 344, as added Pub. L. 95619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3271; amended Pub. L. 102486, title I, § 122(c), Oct. 24, 1992, 106 Stat. 2809; Pub. L. 10958, title I, § 136(g), Aug. 8, 2005, 119 Stat. 643; Pub. L. 110140, title III, § 312(d), Dec. 19, 2007, 121 Stat. 1567.)
## Notes
Editorial Notes
References in TextThe Federal Trade Commission Act, referred to in subsec. (k), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
Amendments2007—Subsec. (e). Pub. L. 110140 inserted “walk-in coolers and walk-in freezers,” after “commercial clothes washers,” in two places in introductory provisions. 2005—Subsec. (e). Pub. L. 10958 inserted “very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers,” after “large commercial package air conditioning and heating equipment,” in two places in introductory provisions. 1992—Subsec. (a). Pub. L. 102486, § 122(c)(1), substituted “shall prescribe” for “may prescribe”. Subsec. (c). Pub. L. 102486, § 122(c)(2), substituted “shall include” for “may include”. Subsecs. (d) to (k). Pub. L. 102486, § 122(c)(3), (4), added subsecs. (d) and (e) and redesignated former subsecs. (d) to (i) as (f) to (k), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
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# 42 U.S.C. § 6316 - Administration, penalties, enforcement, and preemption
## Text
(a) The provisions of section 6296(a), (b), and (d) of this title, the provisions of subsections (l) through (s) of section 6295 of this title, and section 11 So in original. Probably should be “sections”. 6297 through 6306 of this title shall apply with respect to this part (other than the equipment specified in subparagraphs (B), (C), (D), (I), (J), and (K) of section 6311(1) of this title) to the same extent and in the same manner as they apply in part A. In applying such provisions for the purposes of this part—
(1) references to sections 6293, 6294, and 6295 of this title shall be considered as references to sections 6314, 6315, and 6313 of this title, respectively;
(2) references to “this part” shall be treated as referring to part A1;
(3) the term “equipment” shall be substituted for the term “product”;
(4) the term “Secretary” shall be substituted for “Commission” each place it appears (other than in section 6303(c) of title);
(5) section 6297(a) of this title shall be applied, in the case of electric motors, as if the National Appliance Energy Conservation Act of 1987 was the Energy Policy Act of 1992;
(6) section 6297(b)(1) of this title shall be applied as if electric motors were fluorescent lamp ballasts and as if the National Appliance Energy Conservation Amendments of 1988 were the Energy Policy Act of 1992;
(7) section 6297(b)(4) of this title shall be applied as if electric motors were fluorescent lamp ballasts and as if paragraph (5) of section 6295(g) of this title were section 6313 of this title;
(8) notwithstanding any other provision of law, a regulation or other requirement adopted by a State or subdivision of a State contained in a State or local building code for new construction concerning the energy efficiency or energy use of an electric motor covered under this part is not superseded by the standards for such electric motor established or prescribed under section 6313(b) of this title if such regulation or requirement is identical to the standards established or prescribed under such section;
(9) in the case of commercial clothes washers, section 6297(b)(1) of this title shall be applied as if the National Appliance Energy Conservation Act of 1987 was the Energy Policy Act of 2005; and
(10) section 6297 of this title shall apply with respect to the equipment described in section 6311(1)(L) of this title beginning on the date on which a final rule establishing an energy conservation standard is issued by the Secretary, except that any State or local standard prescribed or enacted for the equipment before the date on which the final rule is issued shall not be preempted until the energy conservation standard established by the Secretary for the equipment takes effect.
(b) (1) The provisions of section 6295(p)(4) of this title, section 6296(a), (b), and (d) of this title, section 6297(a) of this title, and sections 6298 through 6306 of this title shall apply with respect to the equipment specified in subparagraphs (B), (C), (D), (I), (J), and (K) of section 6311(1) of this title to the same extent and in the same manner as they apply in part A. In applying such provisions for the purposes of such equipment, paragraphs (1), (2), (3), and (4) of subsection (a) shall apply.
(2) (A) A standard prescribed or established under section 6313(a) of this title shall, beginning on the effective date of such standard, supersede any State or local regulation concerning the energy efficiency or energy use of a product for which a standard is prescribed or established pursuant to such section.
(B) Notwithstanding subparagraph (A), a standard prescribed or established under section 6313(a) of this title shall not supersede a standard for such a product contained in a State or local building code for new construction if—
(i) the standard in the building code does not require that the energy efficiency of such product exceed the applicable minimum energy efficiency requirement in amended ASHRAE/IES Standard 90.1; and
(ii) the standard in the building code does not take effect prior to the effective date of the applicable minimum energy efficiency requirement in amended ASHRAE/IES Standard 90.1.
(C) Notwithstanding subparagraph (A), a standard prescribed or established under section 6313(a) of this title shall not supersede the standards established by the State of California set forth in Table C6, California Code of Regulations, Title 24, Part 2, Chapter 253, for water-source heat pumps below 135,000 Btu per hour (cooling capacity) that become effective on January 1, 1993.
(D) Notwithstanding subparagraph (A), a standard prescribed or established under section 6313(a) of this title shall not supersede a State regulation which has been granted a waiver by the Secretary. The Secretary may grant a waiver pursuant to the terms, conditions, criteria, procedures, and other requirements specified in section 6297(d) of this title.
(c) With respect to any electric motor to which standards are applicable under section 6313(b) of this title, the Secretary shall require manufacturers to certify, through an independent testing or certification program nationally recognized in the United States, that such motor meets the applicable standard.
(d) (1) Except as provided in paragraphs (2) and (3), section 6297 of this title shall apply with respect to very large commercial package air conditioning and heating equipment to the same extent and in the same manner as section 6297 of this title applies under part A on August 8, 2005.
(2) Any State or local standard issued before August 8, 2005, shall not be preempted until the standards established under section 6313(a)(9) of this title take effect on January 1, 2010.
(e) (1) (A) Subsections (a), (b), and (d) of section 6296 of this title, subsections (m) through (s) of section 6295 of this title, and sections 6298 through 6306 of this title shall apply with respect to commercial refrigerators, freezers, and refrigerator-freezers to the same extent and in the same manner as those provisions apply under part A.
(B) In applying those provisions to commercial refrigerators, freezers, and refrigerator-freezers, paragraphs (1), (2), (3), and (4) of subsection (a) shall apply.
(2) (A) Section 6297 of this title shall apply to commercial refrigerators, freezers, and refrigerator-freezers for which standards are established under paragraphs (2) and (3) of section 6313(c) of this title to the same extent and in the same manner as those provisions apply under part A on August 8, 2005, except that any State or local standard issued before August 8, 2005, shall not be preempted until the standards established under paragraphs (2) and (3) of section 6313(c) of this title take effect.
(B) In applying section 6297 of this title in accordance with subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply.
(3) (A) Section 6297 of this title shall apply to commercial refrigerators, freezers, and refrigerator-freezers for which standards are established under section 6313(c)(4) 22 See References in Text note below. of this title to the same extent and in the same manner as the provisions apply under part A on the date of publication of the final rule by the Secretary, except that any State or local standard issued before the date of publication of the final rule by the Secretary shall not be preempted until the standards take effect.
(B) In applying section 6297 of this title in accordance with subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply.
(4) (A) If the Secretary does not issue a final rule for a specific type of commercial refrigerator, freezer, or refrigerator-freezer within the time frame specified in section 6313(c)(5) 2 of this title, subsections (b) and (c) of section 6297 of this title shall not apply to that specific type of refrigerator, freezer, or refrigerator-freezer for the period beginning on the date that is 2 years after the scheduled date for a final rule and ending on the date on which the Secretary publishes a final rule covering the specific type of refrigerator, freezer, or refrigerator-freezer.
(B) Any State or local standard issued before the date of publication of the final rule shall not be preempted until the final rule takes effect.
(5) (A) In the case of any commercial refrigerator, freezer, or refrigerator-freezer to which standards are applicable under paragraphs (2) and (3) of section 6313(c) of this title, the Secretary shall require manufacturers to certify, through an independent, nationally recognized testing or certification program, that the commercial refrigerator, freezer, or refrigerator-freezer meets the applicable standard.
(B) The Secretary shall, to the maximum extent practicable, encourage the establishment of at least 2 independent testing and certification programs.
(C) As part of certification, information on equipment energy use and interior volume shall be made available to the Secretary.
(f) (1) (A) (i) Except as provided in clause (ii), section 6297 of this title shall apply to automatic commercial ice makers for which standards have been established under section 6313(d)(1) of this title to the same extent and in the same manner as the section applies under part A on August 8, 2005.
(ii) Any State standard issued before August 8, 2005, shall not be preempted until the standards established under section 6313(d)(1) of this title take effect.
(B) In applying section 6297 of this title to the equipment under subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply.
(2) (A) (i) Except as provided in clause (ii), section 6297 of this title shall apply to automatic commercial ice makers for which standards have been established under section 6313(d)(2) of this title to the same extent and in the same manner as the section applies under part A on the date of publication of the final rule by the Secretary.
(ii) Any State standard issued before the date of publication of the final rule by the Secretary shall not be preempted until the standards established under section 6313(d)(2) of this title take effect.
(B) In applying section 6297 of this title in accordance with subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply.
(3) (A) If the Secretary does not issue a final rule for a specific type of automatic commercial ice maker within the time frame specified in section 6313(d) of this title, subsections (b) and (c) of section 6297 of this title shall no longer apply to the specific type of automatic commercial ice maker for the period beginning on the day after the scheduled date for a final rule and ending on the date on which the Secretary publishes a final rule covering the specific type of automatic commercial ice maker.
(B) Any State standard issued before the publication of the final rule shall not be preempted until the standards established in the final rule take effect.
(4) (A) The Secretary shall monitor whether manufacturers are reducing harvest rates below tested values for the purpose of bringing non-complying equipment into compliance.
(B) If the Secretary finds that there has been a substantial amount of manipulation with respect to harvest rates under subparagraph (A), the Secretary shall take steps to minimize the manipulation, such as requiring harvest rates to be within 5 percent of tested values.
(g) (1) (A) If the Secretary does not issue a final rule for commercial clothes washers within the timeframe specified in section 6313(e)(2) of this title, subsections (b) and (c) of section 6297 of this title shall not apply to commercial clothes washers for the period beginning on the day after the scheduled date for a final rule and ending on the date on which the Secretary publishes a final rule covering commercial clothes washers.
(B) Any State or local standard issued before the date on which the Secretary publishes a final rule shall not be preempted until the standards established under section 6313(e)(2) of this title take effect.
(2) The Secretary shall undertake an educational program to inform owners of laundromats, multifamily housing, and other sites where commercial clothes washers are located about the new standard, including impacts on washer purchase costs and options for recovering those costs through coin collection.
(h) Walk-in coolers and walk-in freezers.— (1) Covered types.— (A) Relationship to other law.— (i) In general.— Except as otherwise provided in this subsection, section 6297 of this title shall apply to walk-in coolers and walk-in freezers for which standards have been established under paragraphs (1), (2), and (3) of section 6313(f) of this title to the same extent and in the same manner as the section applies under part A on December 19, 2007.
(ii) State standards.— Any State standard prescribed before December 19, 2007, shall not be preempted until the standards established under paragraphs (1) and (2) of section 6313(f) of this title take effect.
(B) Administration.— In applying section 6297 of this title to equipment under subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply.
(2) Final rule not timely.— (A) In general.— If the Secretary does not issue a final rule for a specific type of walk-in cooler or walk-in freezer within the timeframe established under paragraph (4) or (5) of section 6313(f) of this title, subsections (b) and (c) of section 6297 of this title shall no longer apply to the specific type of walk-in cooler or walk-in freezer during the period—
(i) beginning on the day after the scheduled date for a final rule; and
(ii) ending on the date on which the Secretary publishes a final rule covering the specific type of walk-in cooler or walk-in freezer.
(B) State standards.— Any State standard issued before the publication of the final rule shall not be preempted until the standards established in the final rule take effect.
(3) California.— Any standard issued in the State of California before January 1, 2011, under title 20 of the California Code of Regulations, that refers to walk-in coolers and walk-in freezers, for which standards have been established under paragraphs (1), (2), and (3) of section 6313(f) of this title, shall not be preempted until the standards established under section 6313(f)(4) of this title take effect.
(Pub. L. 94163, title III, § 345, as added Pub. L. 95619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3272; amended Pub. L. 102486, title I, § 122(e), Oct. 24, 1992, 106 Stat. 2815; Pub. L. 105388, § 5(a)(7), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 10958, title I, § 136(h), Aug. 8, 2005, 119 Stat. 643; Pub. L. 110140, title III, §§ 308(b), 312(e), Dec. 19, 2007, 121 Stat. 1561, 1567; Pub. L. 112210, § 10(a)(5), Dec. 18, 2012, 126 Stat. 1524.)
## Notes
Editorial Notes
References in TextThe National Appliance Energy Conservation Act of 1987, referred to in subsec. (a)(5), (9), is Pub. L. 10012, Mar. 17, 1987, 101 Stat. 103. For complete classification of this Act to the Code, see Short Title of 1987 Amendment note set out under section 6201 of this title and Tables. The Energy Policy Act of 1992, referred to in subsec. (a)(5), (6), is Pub. L. 102486, Oct. 24, 1992, 106 Stat. 2776. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. The Energy Policy Act of 2005, referred to in subsec. (a)(9), is Pub. L. 10958, Aug. 8, 2005, 119 Stat. 594. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of this title and Tables. The National Appliance Energy Conservation Amendments of 1988, referred to in subsec. (a)(6), is Pub. L. 100357, June 28, 1988, 102 Stat. 671. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under section 6201 of this title and Tables. Section 6313(c)(4) and (c)(5) of this title, referred to in subsec. (e)(3)(A), (4)(A), were redesignated section 6313(c)(5) and (c)(6) of this title, respectively, by Pub. L. 112210, § 4(2), Dec. 18, 2012, 126 Stat. 1517.
Amendments2012—Pub. L. 112210, § 10(a)(5)(B), made technical amendment to references in original act which appear in subsecs. (b)(1), (d)(1), (e)(1)(A), (2)(A), (3)(A), (f)(1)(A)(i), (2)(A)(i), and (h)(1)(A)(i) as references to part A. Subsec. (a). Pub. L. 112210, § 10(a)(5)(A), substituted “subparagraphs (B), (C), (D), (I), (J), and (K)” for “subparagraphs (B) through (G)” in introductory provisions. Subsec. (a)(10). Pub. L. 112210, § 10(a)(5)(C), added par. (10). Subsec. (b)(1). Pub. L. 112210, § 10(a)(5)(A), (D), substituted “section 6295(p)(4)” for “section 6295(p)(5)” and “subparagraphs (B), (C), (D), (I), (J), and (K)” for “subparagraphs (B) through (G)”. Subsec. (h)(3). Pub. L. 112210, § 10(a)(5)(E), substituted “section 6313(f)(4)” for “section 6313(f)(3)”. 2007—Subsec. (a). Pub. L. 110140, § 312(e)(1), substituted “subparagraphs (B) through (G)” for “subparagraphs (B), (C), (D), (E), and (F)” in introductory provisions. Subsec. (b)(1). Pub. L. 110140, §§ 308(b), 312(e)(1), inserted “section 6295(p)(5) of this title,” after “The provisions of” and substituted “subparagraphs (B) through (G)” for “subparagraphs (B), (C), (D), (E), and (F)”. Subsec. (h). Pub. L. 110140, § 312(e)(2), added subsec. (h). 2005—Subsec. (a)(9). Pub. L. 10958, § 136(h)(1), added par. (9). Subsec. (b)(1). Pub. L. 10958, § 136(h)(2), substituted “part A” for “part B”, which for purposes of codification had been translated as “part A” thus requiring no change in text. Subsecs. (d) to (g). Pub. L. 10958, § 136(h)(3), added subsecs. (d) to (g). 1998—Subsec. (c). Pub. L. 105388 inserted “standard” after “meets the applicable”. 1992—Pub. L. 102486, § 122(e)(3), substituted “enforcement, and preemption” for “and enforcement” in section catchline. Subsec. (a). Pub. L. 102486, § 122(e)(1)(A), inserted “(other than the equipment specified in subparagraphs (B), (C), (D), (E), and (F) of section 6311(l) of this title)” after “to this part” and substituted “, the provisions of subsections (l) through (s) of section 6295 of this title, and section 6297” for “and sections 6298”. Subsec. (a)(1). Pub. L. 102486, § 122(e)(1)(B), substituted “, 6294, and 6295 of this title” for “and 6294 of this title” and “6314, 6315, and 6313 of this title, respectively” for “6314 and 6315 of this title, respectively”. Subsec. (a)(5) to (8). Pub. L. 102486, § 122(e)(1)(C)(E), added pars. (5) to (8). Subsecs. (b), (c). Pub. L. 102486, § 122(e)(2), added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110140, see section 10(a)(13) of Pub. L. 112210, set out as a note under section 6291 of this title.
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
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# 42 U.S.C. § 6317 - Energy conservation standards for high-intensity discharge lamps, distribution transformers, and small electric motors
## Text
(a) High-intensity discharge lamps and distribution transformers (1) The Secretary shall, within 30 months after October 24, 1992, prescribe testing requirements for those high-intensity discharge lamps and distribution transformers for which the Secretary makes a determination that energy conservation standards would be technologically feasible and economically justified, and would result in significant energy savings.
(2) The Secretary shall, within 18 months after the date on which testing requirements are prescribed by the Secretary pursuant to paragraph (1), prescribe, by rule, energy conservation standards for those high-intensity discharge lamps and distribution transformers for which the Secretary prescribed testing requirements under paragraph (1).
(3) Any standard prescribed under paragraph (2) with respect to high-intensity discharge lamps shall apply to such lamps manufactured 36 months after the date such rule is published.
(b) Small electric motors (1) The Secretary shall, within 30 months after October 24, 1992, prescribe testing requirements for those small electric motors for which the Secretary makes a determination that energy conservation standards would be technologically feasible and economically justified, and would result in significant energy savings.
(2) The Secretary shall, within 18 months after the date on which testing requirements are prescribed by the Secretary pursuant to paragraph (1), prescribe, by rule, energy conservation standards for those small electric motors for which the Secretary prescribed testing requirements under paragraph (1).
(3) Any standard prescribed under paragraph (2) shall apply to small electric motors manufactured 60 months after the date such rule is published or, in the case of small electric motors which require listing or certification by a nationally recognized testing laboratory, 84 months after such date. Such standards shall not apply to any small electric motor which is a component of a covered product under section 6292(a) of this title or a covered equipment under section 6311 of this title.
(c) Consideration of criteria under other law In establishing any standard under this section, the Secretary shall take into consideration the criteria contained in section 6295(n) of this title.
(d) Prescription of labeling requirements by Secretary The Secretary shall, within six months after the date on which energy conservation standards are prescribed by the Secretary for high-intensity discharge lamps and distribution transformers pursuant to subsection (a)(2) and small electric motors pursuant to subsection (b)(2), prescribe labeling requirements for such lamps, transformers, and small electric motors.
(e) Compliance by manufacturers with labeling requirements Beginning on the date which occurs six months after the date on which a labeling rule is prescribed for a product under subsection (d), each manufacturer of a product to which such a rule applies shall provide a label which meets, and is displayed in accordance with, the requirements of such rule.
(f) New covered products; distribution of non-conforming products prohibited; construction with other law (1) After the date on which a manufacturer must provide a label for a product pursuant to subsection (e)—
(A) each such product shall be considered, for purposes of paragraphs (1) and (2) of section 6302(a) of this title, a new covered product to which a rule under section 6294 of this title applies; and
(B) it shall be unlawful for any manufacturer or private labeler to distribute in commerce any new product for which an energy conservation standard is prescribed under subsection (a)(2) or (b)(2) which is not in conformity with the applicable energy conservation standard.
(2) For purposes of section 6303(a) of this title, paragraph (1) of this subsection shall be considered to be a part of section 6302 of this title.
(Pub. L. 94163, title III, § 346, as added Pub. L. 95619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3272; amended Pub. L. 102486, title I, § 124(a), Oct. 24, 1992, 106 Stat. 2832.)
## Notes
Editorial Notes
Amendments1992—Pub. L. 102486 amended section generally, substituting provisions requiring energy conservation standards for high-intensity discharge lamps, distribution transformers, and small electric motors, for provisions authorizing appropriations for fiscal years 1978 and 1979.
Statutory Notes and Related Subsidiaries
Energy Efficient Transformer Rebate ProgramPub. L. 116260, div. Z, title I, § 1006, Dec. 27, 2020, 134 Stat. 2432, provided that: “(a) Definitions.—In this section:“(1) Qualified energy efficient transformer.—The term qualified energy efficient transformer means a transformer that meets or exceeds the applicable energy conservation standards described in the tables in subsection (b)(2) and paragraphs (1) and (2) of subsection (c) of section 431.196 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act [Dec. 27, 2020]). “(2) Qualified energy inefficient transformer.—The term qualified energy inefficient transformer means a transformer with an equal number of phases and capacity to a transformer described in any of the tables in subsection (b)(2) and paragraphs (1) and (2) of subsection (c) of section 431.196 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act) that—“(A) does not meet or exceed the applicable energy conservation standards described in paragraph (1); and “(B)(i) was manufactured between January 1, 1987, and December 31, 2008, for a transformer with an equal number of phases and capacity as a transformer described in the table in subsection (b)(2) of section 431.196 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act); or “(ii) was manufactured between January 1, 1992, and December 31, 2011, for a transformer with an equal number of phases and capacity as a transformer described in the table in paragraph (1) or (2) of subsection (c) of that section (as in effect on the date of enactment of this Act). “(3) Qualified entity.—The term qualified entity means an owner of industrial or manufacturing facilities, commercial buildings, or multifamily residential buildings, a utility, or an energy service company that fulfills the requirements of subsection (c). “(b) Establishment.—Not later than 90 days after the date of enactment of this Act, the Secretary of Energy (in this section referred to as the Secretary) shall establish a program to provide rebates to qualified entities for expenditures made by the qualified entity for the replacement of a qualified energy inefficient transformer with a qualified energy efficient transformer. “(c) Requirements.—To be eligible to receive a rebate under this section, an entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require, including demonstrated evidence—“(1) that the entity purchased a qualified energy efficient transformer; “(2) of the core loss value of the qualified energy efficient transformer; “(3) of the age of the qualified energy inefficient transformer being replaced; “(4) of the core loss value of the qualified energy inefficient transformer being replaced—“(A) as measured by a qualified professional or verified by the equipment manufacturer, as applicable; or “(B) for transformers described in subsection (a)(2)(B)(i), as selected from a table of default values as determined by the Secretary in consultation with applicable industry; and “(5) that the qualified energy inefficient transformer has been permanently decommissioned and scrapped. “(d) Authorized Amount of Rebate.—The amount of a rebate provided under this section shall be—“(1) for a 3-phase or single-phase transformer with a capacity of not less than 10 and not greater than 2,500 kilovolt-amperes, twice the amount equal to the difference in Watts between the core loss value (as measured in accordance with paragraphs (2) and (4) of subsection (c)) of—“(A) the qualified energy inefficient transformer; and “(B) the qualified energy efficient transformer; or “(2) for a transformer described in subsection (a)(2)(B)(i), the amount determined using a table of default rebate values by rated transformer output, as measured in kilovolt-amperes, as determined by the Secretary in consultation with applicable industry. “(e) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 and 2023. “(f) Termination of Effectiveness.—The authority provided by this section terminates on December 31, 2023.”
Study of Utility Distribution Transformers; Report to CongressPub. L. 102486, title I, § 124(c), Oct. 24, 1992, 106 Stat. 2833, directed the Secretary to evaluate the practicability, cost-effectiveness, and potential energy savings of replacing or upgrading utility distribution transformers during routine maintenance and, not later than 18 months after Oct. 24, 1992, report the findings of the evaluation to Congress with recommendations.
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# 42 U.S.C. § 6321 - Findings; purpose; definitions
## Text
(a) Findings Congress finds that—
(1) the development and implementation by States of laws, policies, programs, and procedures to conserve and to improve efficiency in the use of energy will have an immediate and substantial effect in reducing the rate of growth of energy demand and in minimizing the adverse social, economic, political, and environmental impacts of increasing energy consumption;
(2) the development and implementation of energy conservation programs by States will most efficiently and effectively minimize any adverse economic or employment impacts of changing patterns of energy use and meet local economic, climatic, geographic, and other unique conditions and requirements of each State; and
(3) the Federal Government has a responsibility to foster and promote comprehensive energy conservation programs and practices by establishing guidelines for such programs and providing overall coordination, technical assistance, and financial support for specific State initiatives in energy conservation.
(b) Purpose It is the purpose of this part to promote the conservation of energy and reduce the rate of growth of energy demand by authorizing the Secretary to establish procedures and guidelines for the development and implementation of specific State energy conservation programs and to provide Federal financial and technical assistance to States in support of such programs.
(c) Definitions In this part:
(1) Appliance The term “appliance” means any article, such as a room air-conditioner, refrigerator-freezer, or dishwasher, which the Secretary classifies as an appliance for purposes of this part.
(2) Building The term “building” means any structure which includes provision for a heating or cooling system, or both, or for a hot water system.
(3) Energy audit The term “energy audit” means any process which identifies 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 measures and which—
(A) is carried out in accordance with rules of the Secretary; and
(B) imposes—
(i) no direct costs, with respect to individuals who are occupants of dwelling units in any State having a supplemental State energy conservation plan; and
(ii) only reasonable costs, as determined by the Secretary, with respect to any person not described in clause (i).
Rules referred to in subparagraph (A) may include minimum qualifications for, and provisions with respect to conflicts of interest of, persons carrying out such energy audits.
(4) Energy conservation measure The term “energy conservation measure” means a measure which modifies any building, building system, energy consuming device associated with the building, or industrial plant, the construction of which has been completed prior to May 1, 1989, if such measure has been determined by means of an energy audit or by the Secretary, by rule under section 6325(e)(1) of this title, to be likely to maintain or 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 Secretary) 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 Secretary, or
(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 Secretary, 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, or (iii) any measure, or type of measure, which the Secretary determines does not have as its primary purpose an improvement in efficiency of energy use.
(5) Industrial plant 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) Public building The term “public building” means any building which is open to the public during normal business hours.
(7) Renewable-resource energy measure 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 August 14, 1976, if such measure has been determined by means of an energy audit or by the Secretary, by rule under section 6325(e)(1) of this title, to—
(A) involve changing, in whole or in part, the fuel or source of the energy used to meet the requirements of such building or plant from a depletable source of energy to a nondepletable 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 Secretary) 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—
(i) the useful life of the modification involved, as determined by the Secretary, 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.
(8) Transportation controls The term “transportation controls” means any plan, procedure, method, or arrangement, or any system of incentives, disincentives, restrictions, and requirements, which is designed to reduce the amount of energy consumed in transportation, except that the term does not include rationing of gasoline or diesel fuel.
(Pub. L. 94163, title III, § 361, Dec. 22, 1975, 89 Stat. 932; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 11758, div. D, title I, § 40108(a)(1), (3), Nov. 15, 2021, 135 Stat. 941, 942.)
## Notes
Editorial Notes
Codification Pars. (1) to (8) of section 6326 of this title, which were transferred to subsec. (c) of this section by Pub. L. 11758, div. D, title I, § 40108(a)(3), Nov. 15, 2021, 135 Stat. 942, were based on Pub. L. 94163, title III, § 366, Dec. 22, 1975, 89 Stat. 935; Pub. L. 94385, title IV, § 431, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101440, § 2(b), Oct. 18, 1990, 104 Stat. 1006; Pub. L. 11758, div. D, title I, § 40108(a)(2), Nov. 15, 2021, 135 Stat. 941.
Amendments2021—Pub. L. 11758, § 40108(a)(1)(A), substituted “Findings; purpose; definitions” for “Congressional findings and declaration of purpose” in section catchline and, in subsec. (a), inserted heading and substituted “Congress” for “The Congress” in introductory provisions. Subsec. (b). Pub. L. 11758, § 40108(a)(1)(B), inserted heading. Subsec. (c). Pub. L. 11758, § 40108(a)(1)(C), added subsec. (c). Subsec. (c)(1) to (8). Pub. L. 11758, § 40108(a)(3), transferred pars. (1) to (8) of section 6326 of this title to subsec. (c) of this section. See Codification note above. 1978—Subsec. (b). Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration.
Statutory Notes and Related Subsidiaries
Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758, including authority of Secretary of Labor, see section 18851 of this title.
Report on Coordination of Energy Conservation ProgramsPub. L. 95619, title VI, § 623, Nov. 9, 1978, 92 Stat. 3283, provided that not later than 6 months after Nov. 9, 1978, the Secretary of Energy submit a report on the coordination of Federal energy conservation programs involving State and local government.
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# 42 U.S.C. § 6322 - State energy conservation plans
## Text
(a) Feasibility reports The Secretary shall, by rule, within 60 days after December 22, 1975, prescribe guidelines for the preparation of a State energy conservation feasibility report. The Secretary shall invite the Governor of each State to submit, within 3 months after the effective date of such guidelines, such a report. Such report shall include—
(1) an assessment of the feasibility of establishing a State energy conservation goal, which goal shall consist of a reduction, as a result of the implementation of the State energy conservation plan described in this section, of 5 percent or more in the total amount of energy consumed in such State in the year 1980 from the projected energy consumption for such State in the year 1980, and
(2) a proposal by such State for the development of a State energy conservation plan to achieve such goal.
(b) Guidelines The Secretary shall, by rule, within 6 months after December 22, 1975, prescribe guidelines with respect to measures required to be included in, and guidelines for the development, modification, and funding of, State energy conservation plans. The Secretary shall invite the Governor of each State to submit, within 5 months after the effective date of such guidelines, a report. Such report shall include—
(1) a proposed State energy conservation plan designed to result in scheduled progress toward, and achievement of, the State energy conservation goal of such State; and
(2) a detailed description of the requirements, including the estimated cost of implementation and the estimated energy savings, associated with each functional category of energy conservation included in the State energy conservation plan.
(c) Mandatory features of plans Each proposed State energy conservation plan to be eligible for Federal assistance under this part shall include—
(1) mandatory lighting efficiency standards for public buildings (except public buildings owned or leased by the United States);
(2) programs to promote the availability and use of carpools, vanpools, and public transportation (except that no Federal funds provided under this part shall be used for subsidizing fares for public transportation);
(3) mandatory standards and policies relating to energy efficiency to govern the procurement practices of such State and its political subdivisions;
(4) mandatory thermal efficiency standards and insulation requirements for new and renovated buildings (except buildings owned or leased by the United States);
(5) a traffic law or regulation which, to the maximum extent practicable consistent with safety, permits the operator of a motor vehicle to turn such vehicle right at a red stop light after stopping and to turn such vehicle left from a one-way street onto a one-way street at a red light after stopping;
(6) procedures for ensuring effective coordination among various local, State, and Federal energy conservation programs within the State, including any program administered within the Office of Technical and Financial Assistance of the Department of Energy and the Low Income Home Energy Assistance Program administered by the Department of Health and Human Services; and
(7) the mandatory conduct of activities to support transmission and distribution planning, including—
(A) support for local governments and Indian Tribes;
(B) feasibility studies for transmission line routes and alternatives;
(C) preparation of necessary project design and permits; and
(D) outreach to affected stakeholders.
(d) Optional features of plans Each proposed State energy conservation plan may include—
(1) restrictions governing the hours and conditions of operation of public buildings (except buildings owned or leased by the United States);
(2) restrictions on the use of decorative or nonessential lighting;
(3) programs to increase transportation energy efficiency, including programs to help reduce carbon emissions in the transportation sector by 2050 and accelerate the use of alternative transportation fuels for, and the electrification of, State government vehicles, fleet vehicles, taxis and ridesharing services, mass transit, school buses, ferries, and privately owned passenger and medium- and heavy-duty vehicles;
(4) programs of public education to promote energy conservation;
(5) programs for financing energy efficiency and renewable energy capital investments, projects, and programs—
(A) which may include loan programs and performance contracting programs for leveraging of additional public and private sector funds, and programs which allow rebates, grants, or other incentives for the purchase and installation of energy efficiency and renewable energy measures; or
(B) in addition to or in lieu of programs described in subparagraph (A), which may be used in connection with public or nonprofit buildings owned and operated by a State, a political subdivision of a State or an agency or instrumentality of a State, or an organization exempt from taxation under section 501(c)(3) of title 26;
(6) programs for encouraging and for carrying out energy audits with respect to buildings and industrial facilities (including industrial processes) within the State;
(7) programs to promote the adoption of integrated energy plans which provide for—
(A) periodic evaluation of a States energy needs, available energy resources (including greater energy efficiency), and energy costs; and
(B) utilization of adequate and reliable energy supplies, including greater energy efficiency, that meet applicable safety, environmental, and policy requirements at the lowest cost;
(8) programs to promote energy efficiency in residential housing, such as—
(A) programs for development and promotion of energy efficiency rating systems for newly constructed housing and existing housing so that consumers can compare the energy efficiency of different housing; and
(B) programs for the adoption of incentives for builders, utilities, and mortgage lenders to build, service, or finance energy efficient housing;
(9) programs to identify unfair or deceptive acts or practices which relate to the implementation of energy efficiency measures and renewable resource energy measures and to educate consumers concerning such acts or practices;
(10) programs to modify patterns of energy consumption so as to reduce peak demands for energy and improve the efficiency of energy supply systems, including electricity supply systems;
(11) programs to promote energy efficiency as an integral component of economic development planning conducted by State, local, or other governmental entities or by energy utilities;
(12) in accordance with subsection (f)(2), programs to implement the Energy Technology Commercialization Services Program;
(13) programs (enlisting appropriate trade and professional organizations in the development and financing of such programs) to provide training and education (including, if appropriate, training workshops, practice manuals, and testing for each area of energy efficiency technology) to building designers and contractors involved in building design and construction or in the sale, installation, and maintenance of energy systems and equipment to promote building energy efficiency improvements;
(14) programs for the development of building retrofit standards and regulations, including retrofit ordinances enforced at the time of the sale of a building;
(15) support for prefeasibility and feasibility studies for projects that utilize renewable energy and energy efficiency resource technologies in order to facilitate access to capital and credit for such projects;
(16) programs to facilitate and encourage the voluntary use of renewable energy technologies for eligible participants in Federal agency programs, including the Rural Electrification Administration and the Farmers Home Administration;
(17) programs that promote the installation and use of demand-response technology and demand-response practices; and
(18) any other appropriate method or programs to conserve and to promote efficiency in the use of energy.
(e) Standby plans The Governor of any State may submit to the Secretary a State energy conservation plan which is a standby energy conservation plan to significantly reduce energy demand by regulating the public and private consumption of energy during a severe energy supply interruption, which plan may be separately eligible for Federal assistance under this part without regard to subsections (c) and (d) of this section.
(f) Energy Technology Commercialization Services Program (1) The purposes of this subsection are to—
(A) strengthen State outreach programs to aid small and start-up businesses;
(B) foster a broader application of engineering principles and techniques to energy technology products, manufacturing, and commercial production by small and start-up businesses; and
(C) foster greater assistance to small and start-up businesses in dealing with the Federal Government on energy technology related matters.
(2) The programs to implement the functions of the Energy Technology Commercialization Services Program, as provided for by subsection (d)(12), shall—
(A) aid small and start-up businesses in discovering useful and practical information relating to manufacturing and commercial production techniques and costs associated with new energy technologies;
(B) encourage the application of such information in order to solve energy technology product development and manufacturing problems;
(C) establish an Energy Technology Commercialization Services Program affiliated with an existing entity in each State;
(D) coordinate engineers and manufacturers to aid small and start-up businesses in solving specific technical problems and improving the cost effectiveness of methods for manufacturing new energy technologies;
(E) assist small and start-up businesses in preparing the technical portions of proposals seeking financial assistance for new energy technology commercialization; and
(F) facilitate contract research between university faculty and students and small start-up businesses, in order to improve energy technology product development and independent quality control testing.
(3) Each State energy technology commercialization services program shall develop and maintain a data base of engineering and scientific experts in energy technologies and product commercialization interested in participating in the service. Such data base shall, at a minimum, include faculty of institutions of higher education, retired manufacturing experts, and national laboratory personnel.
(4) The services provided by the energy technology commercialization services programs established under this subsection shall be available to any small or start-up business. Such service programs shall charge fees which are affordable to a party eligible for assistance, which shall be determined by examining factors, including the following: (A) the costs of the services received; (B) the need of the recipient for the services; and (C) the ability of the recipient to pay for the services.
(5) For the purposes of this subsection, the term—
(A) “institution of higher education” has the same meaning as such term is defined in section 1001 of title 20;
(B) “small business” means a private firm that does not exceed the numerical size standard promulgated by the Small Business Administration under section 632(a) of title 15 for the Standard Industrial Classification (SIC) codes designated by the Secretary of Energy; and
(C) “start-up business” means a small business which has been in existence for 5 years or less.
(g) Review of plans The Secretary shall, at least once every 3 years, invite the Governor of each State to review and, if necessary, revise the energy conservation plan of such State submitted under subsection (b) or (e). Such reviews should consider the energy conservation plans of other States within the region, and identify opportunities and actions carried out in pursuit of common energy conservation goals.
(Pub. L. 94163, title III, § 362, Dec. 22, 1975, 89 Stat. 933; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101440, §§ 3(a), 4(a), (b), Oct. 18, 1990, 104 Stat. 10061008; Pub. L. 102486, title I, § 141(b), (c)(1), Oct. 24, 1992, 106 Stat. 2841; Pub. L. 105244, title I, § 102(a)(13)(E), Oct. 7, 1998, 112 Stat. 1620; Pub. L. 105388, § 5(a)(8), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 10958, title I, § 123(a), Aug. 8, 2005, 119 Stat. 616; Pub. L. 11758, div. D, title I, §§ 40104(b), 40109(a), (b), Nov. 15, 2021, 135 Stat. 932, 944.)
## Notes
Editorial Notes
Amendments2021—Subsec. (c)(7). Pub. L. 11758, § 40109(a), added par. (7). Subsec. (d)(3). Pub. L. 11758, § 40109(b), added par. (3) and struck out former par. (3) which read as follows: “programs to increase transportation energy efficiency, including programs to accelerate the use of alternative transportation fuels for State government vehicles, fleet vehicles, taxies, mass transit, and privately owned vehicles;”. Subsec. (d)(17), (18). Pub. L. 11758, § 40104(b), added par. (17) and redesignated former par. (17) as (18). 2005—Subsec. (g). Pub. L. 10958 added subsec. (g). 1998—Subsec. (a)(1). Pub. L. 105388, § 5(a)(8)(A), inserted “of” after “of the implementation”. Subsec. (d)(12). Pub. L. 105388, § 5(a)(8)(B), substituted “subsection (f)(2)” for “subsection (g)”. Subsec. (f)(5)(A). Pub. L. 105244 substituted “section 1001” for “section 1141(a)”. 1992—Subsec. (c)(5). Pub. L. 102486, § 141(c)(1), substituted “and to turn such vehicle left from a one-way street onto a one-way street at a red light after stopping; and” for “; and”. Subsec. (d)(13) to (17). Pub. L. 102486, § 141(b), added pars. (13) to (16) and redesignated former par. (13) as (17). 1990—Subsec. (c)(6). Pub. L. 101440, § 3(a), added par. (6). Subsec. (d)(3). Pub. L. 101440, § 4(a)(1), added par. (3) and struck out former par. (3) which read as follows: “transportation controls;”. Subsec. (d)(5) to (13). Pub. L. 101440, § 4(a)(3), added pars. (5) to (13) and struck out former par. (5) which read as follows: “any other appropriate method or programs to conserve and to improve efficiency in the use of energy.” Subsec. (f). Pub. L. 101440, § 4(b), added subsec. (f). 1978—Subsecs. (a), (b), (e). Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105244, see section 3 of Pub. L. 105244, set out as a note under section 1001 of Title 20, Education.
Effective Date of 1992 AmendmentPub. L. 102486, title I, § 141(c)(2), Oct. 24, 1992, 106 Stat. 2841, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect January 1, 1995.”
Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758, including authority of Secretary of Labor, see section 18851 of this title.
Study Regarding Impact of Permitting Right and Left Turns on Red LightsPub. L. 102486, title I, § 141(d), Oct. 24, 1992, 106 Stat. 2841, required the Administrator of the National Highway Traffic Safety Administration, in consultation with State agencies with jurisdiction over traffic safety issues, to conduct a study on the safety impact of the requirement specified in subsec. (c)(5) of this section, particularly with respect to the impact on pedestrian safety, and to report the findings of the study to Congress and the Secretary by not later than 2 years after Oct. 24, 1992.
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# 42 U.S.C. § 6323 - Federal assistance to States
## Text
(a) Information, technical assistance, and assistance in preparation of reports and development, implementation, or modification of energy conservation plan Upon request of the Governor of any State, the Secretary shall provide, subject to the availability of personnel and funds, information and technical assistance, including model State laws and proposed regulations relating to energy conservation, and other assistance in—
(1) the preparation of the reports described in section 6322 of this title, and
(2) the development, implementation, or modification of an energy conservation plan of such State submitted under section 6322(b) or (e) of this title.
(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 (1) The Secretary may grant Federal financial assistance pursuant to this section for the purpose of assisting such State in the development of any such energy conservation plan or in the implementation or modification of a State energy conservation plan or part thereof which has been submitted to and approved by the Secretary pursuant to this part.
(2) In determining whether to approve a State energy conservation plan submitted under section 6322(b) or (e) of this title, the Secretary—
(A) shall take into account the impact of local economic, climatic, geographic, and other unique conditions and requirements of such State on the opportunity to conserve and to improve efficiency in the use of energy in such State; and
(B) may extend the period of time during which a State energy conservation feasibility report or State energy conservation plan may be submitted if the Secretary determines that participation by the State submitting such report or plan is likely to result in significant progress toward achieving the purposes of this chapter.
No such plan shall be disapproved without notice and an opportunity to present views.
(3) In determining the amount of Federal financial assistance to be provided to any State under this subsection, the Secretary shall consider—
(A) the contribution to energy conservation which can reasonably be expected,
(B) the number of people affected by such plan, and
(C) the consistency of such plan with the purposes of this chapter, and such other factors as the Secretary deems appropriate.
(c) Records Each recipient of Federal financial assistance under subsection (b) shall keep such records as the Secretary shall require, including records which fully disclose the amount and disposition by each recipient of the proceeds of such assistance, the total cost of the plan, program, projects, measures, or systems for which such assistance was given or used, the source and amount of funds for such plan, program, projects, measures, or systems not supplied by the Secretary, and such other records as the Secretary determines necessary to facilitate an effective audit and performance evaluation. The Secretary and Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination, at reasonable times and under reasonable conditions, to any pertinent books, documents, papers, and records of any recipient of Federal assistance under this part.
(d) Assistance as supplementing and not supplanting State and local funds Each State receiving Federal financial assistance pursuant to this section shall provide reasonable assurance to the Secretary that it has established policies and procedures designed to assure that Federal financial assistance under this part and under part E of this subchapter will be used to supplement, and not to supplant, State and local funds, and to the extent practicable, to increase the amount of such funds that otherwise would be available, in the absence of such Federal financial assistance, for those programs set forth in the State energy conservation plan approved pursuant to subsection (b).
(e) State buildings energy efficiency improvements incentive fund If the Secretary determines that a State has demonstrated a commitment to improving the energy efficiency of buildings within such State, the Secretary may, beginning in fiscal year 1994, provide up to $1,000,000 to such State for deposit into a revolving fund established by such State for the purpose of financing energy efficiency improvements in State and local government buildings. In making such determination the Secretary shall consider whether—
(1) such State, or a majority of the units of local government with jurisdiction over building energy codes within such State, has adopted codes for energy efficiency in new buildings that are at least as stringent as American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.11989 (with respect to commercial buildings) and Council of American Building Officials Model Energy Code, 1992 (with respect to residential buildings);
(2) such State has established a program, including a revolving fund, to finance energy efficiency improvement projects in State and local government facilities and buildings; and
(3) such State has obtained funding from non-Federal sources, including but not limited to, oil overcharge funds, State or local government appropriations, or utility contributions (including rebates) equal to or greater than three times the amount provided by the Secretary under this subsection for deposit into such revolving fund.
(Pub. L. 94163, title III, § 363, Dec. 22, 1975, 89 Stat. 934; Pub. L. 94385, title IV, § 432(b), (c), Aug. 14, 1976, 90 Stat. 1162; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101440, § 3(b), Oct. 18, 1990, 104 Stat. 1007; Pub. L. 102486, title I, § 141(a)(1), Oct. 24, 1992, 106 Stat. 2840; Pub. L. 11758, div. D, title I, § 40108(c)(2), Nov. 15, 2021, 135 Stat. 944.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b)(2)(B), (3)(C), was in the original “this Act”, meaning Pub. L. 94163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
Amendments2021—Subsecs. (e), (f). Pub. L. 11758 redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to energy emergency planning program as prerequisite to assistance. 1992—Subsec. (f). Pub. L. 102486 added subsec. (f). 1990—Subsecs. (d), (e). Pub. L. 101440 added subsecs. (d) and (e). 1978—Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing. 1976—Subsec. (b)(2). Pub. L. 94385, § 432(b), inserted provision requiring notice and opportunity to present views prior to disapproval of plans. Subsec. (c). Pub. L. 94385, § 432(c), inserted references to plan, measures, or systems wherever appearing and required that examinations be at reasonable times and under reasonable conditions.
Statutory Notes and Related Subsidiaries
Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758, including authority of Secretary of Labor, see section 18851 of this title.
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# 42 U.S.C. § 6323a - Matching State contributions
## Text
For the base State Energy Conservation Program (part D of the Energy Policy and Conservation Act, sections 361 through 366 [42 U.S.C. 63216326]), each State will hereafter match in cash or in kind not less than 20 percent of the Federal contribution.
(Pub. L. 98473, title I, § 101(c) [title II], Oct. 12, 1984, 98 Stat. 1837, 1861.)
## Notes
Editorial Notes
References in TextThe Energy Policy and Conservation Act, referred to in text, is Pub. L. 94163, Dec. 22, 1975, 89 Stat. 871. Part D of title III of the Energy Policy and Conservation Act, as amended, is classified generally to this part (§ 6321 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
Codification Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1985, as enacted by Pub. L. 98473, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Prior ProvisionsProvisions similar to those in this section were contained in the following prior appropriation act: Pub. L. 98146, title II, Nov. 4, 1983, 97 Stat. 942.
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# 42 U.S.C. § 6324 - State energy efficiency goals
## Text
Each State energy conservation plan with respect to which assistance is made available under this part on or after August 8, 2005, shall contain a goal, consisting of an improvement of 25 percent or more in the efficiency of use of energy in the State concerned in calendar year 2012 as compared to calendar year 1990, and may contain interim goals.
(Pub. L. 94163, title III, § 364, Dec. 22, 1975, 89 Stat. 935; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101440, § 2(a)(1), Oct. 18, 1990, 104 Stat. 1006; Pub. L. 10958, title I, § 123(b), Aug. 8, 2005, 119 Stat. 616.)
## Notes
Editorial Notes
Amendments2005—Pub. L. 10958 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Each State energy conservation plan with respect to which assistance is made available under this part on or after October 1, 1991, shall contain a goal, consisting of an improvement of 10 percent or more in the efficiency of use of energy in the State concerned in the calendar year 2000 as compared to the calendar year 1990, and may contain interim goals.” 1990—Pub. L. 101440 amended section generally. Prior to amendment, section read as follows: “Upon the basis of the reports submitted pursuant to this part and such other information as is available, the Secretary shall, at the earliest practicable date, set an energy conservation goal for each State for 1980 and may set interim goals. Such goal or goals shall consist of the maximum reduction in the consumption of energy during any year as a result of the implementation of the State energy conservation plan described in section 6322(b) of this title which is consistent with technological feasibility, financial resources, and economic objectives, by comparison with the projected energy consumption for such State in such year. The Secretary shall specify the assumptions used in the determination of the projected energy consumption in each State, taking into account population trends, economic growth, and the effects of national energy conservation programs.” 1978—Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.
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# 42 U.S.C. § 6325 - General provisions
## Text
(a) Rules The Secretary may prescribe such rules as may be necessary or appropriate to carry out his authority under this part.
(b) Departmental consultation In carrying out the provisions of sections 6322 and 6324 of this title and subsection (a) of section 6323 of this title, the Secretary shall consult with appropriate departments and Federal agencies.
(c) Annual report The Secretary shall, as part of the report required under section 7267 of this title, report to the President and the Congress, and shall furnish copies of such report to the Governor of each State, on the operation of the program under this part. Such report shall include an estimate of the energy conservation achieved, the degree of State participation and achievement, a description of innovative conservation programs undertaken by individual States, and the recommendations of the Secretary, if any, for additional legislation.
(d) Duty of Federal Trade Commission to prevent unfair or deceptive practices or acts relating to implementation of energy measures The Federal Trade Commission shall (1) cooperate with and assist State agencies which have primary responsibilities for the protection 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 renewable-resource energy measures, and (2) undertake its own program, pursuant to the Federal Trade Commission Act [15 U.S.C. 41 et seq.], to prevent unfair or deceptive acts or practices affecting commerce which relate to the implementation of any such measures.
(e) List of energy measures eligible for financial assistance; designation of types and requirements of energy audits Within 90 days after August 14, 1976, the Secretary 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 1701z8 of title 12 or section 6881 of this title;
(2) designate, by rule, the types of, and requirements for, energy audits.
(f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this part $500,000,000 for the period of fiscal years 2022 through 2026.
(2) Distribution Amounts made available under paragraph (1)—
(A) shall be distributed to the States in accordance with the applicable distribution formula in effect on January 1, 2021; and
(B) shall not be subject to the matching requirement described in section 6323a of this title.
(g) State Energy Advisory Board (1) (A) There is hereby established within the Department of Energy a State Energy Advisory Board (hereafter in this subsection referred to as the “Board”) which shall consist of at least 18 and not more than 21 members appointed by the Secretary as soon as practicable but no later than September 30, 1991. At least eight of the members of the Board shall be persons who serve as directors of the State agency, or a division of such agency, responsible for developing State energy conservation plans pursuant to section 6322 of this title. At least four members shall be directors of State or local low income weatherization assistance programs. Other members shall be appointed from persons who have experience in energy efficiency or renewable energy programs from the private sector, consumer interest groups, utilities, public utility commissions, educational institutions, financial institutions, local government energy programs, or research institutions. A majority of the members of the Board shall be State employees.
(B) (i) Except as provided in clause (ii), the members of the Board shall serve a term of three years.
(ii) Of the members first appointed to the Board, one-third shall serve a term of one year, one-third shall serve a term of two years, and the remainder shall serve a term of three years, as specified by the Secretary.
(2) The Board shall—
(A) make recommendations to the Assistant Secretary for Conservation and Renewable Energy within the Department of Energy with respect to—
(i) the energy efficiency goals and objectives of the programs carried out under this part, part E of this subchapter, and under part A of title IV of the Energy Conservation and Production Act [42 U.S.C. 6861 et seq.]; and
(ii) programmatic and administrative policies designed to strengthen and improve the programs referred to in clause (i), including actions that should be considered to encourage non-Federal resources (including private resources) to supplement Federal financial assistance;
(B) serve as a liaison between the States and such Department on energy efficiency and renewable energy resource programs; and
(C) encourage transfer of the results of research and development activities carried out by the Federal Government with respect to energy efficiency and renewable energy resource technologies.
(3) The Secretary shall designate one of the members of the Board to serve as its chairman and one to serve as its vice-chairman. The chairman and vice-chairman shall serve in those offices no longer than two years.
(4) The Secretary shall provide the Board with such reasonable services and facilities as may be necessary for the performance of its functions.
(5) The Board shall be nonpartisan.
(6) The Board may adopt administrative rules and procedures and may elect one of its members secretary of the Board.
(7) Consistent with Federal regulations, the Secretary shall reimburse members of the Board for expenses (including travel expenses) necessarily incurred by them in the performance of their duties.
(8) The Board shall meet at least twice a year and shall submit an annual report to the Secretary and the Congress on the activities carried out by the Board in the previous fiscal year, including an accounting of the expenses reimbursed under paragraph (7) with respect to the year for which the report is made and any recommendations it may have for administrative or legislative changes concerning the matters referred to in subparagraphs (A), (B), and (C) of paragraph (2).
(9) The Board shall continue until terminated by law.
(Pub. L. 94163, title III, § 365, Dec. 22, 1975, 89 Stat. 935; Pub. L. 94385, title IV, § 432(d), Aug. 14, 1976, 90 Stat. 1162; Pub. L. 95619, title VI, §§ 621, 691(b)(2), Nov. 9, 1978, 92 Stat. 3283, 3288; Pub. L. 101440, §§ 5, 8(a), Oct. 18, 1990, 104 Stat. 1009, 1015; Pub. L. 102486, title I, § 141(a)(2), Oct. 24, 1992, 106 Stat. 2841; Pub. L. 10466, title I, § 1052(f), Dec. 21, 1995, 109 Stat. 718; Pub. L. 105388, § 2(a), Nov. 13, 1998, 112 Stat. 3477; Pub. L. 10958, title I, § 123(c), Aug. 8, 2005, 119 Stat. 617; Pub. L. 110140, title V, § 531, Dec. 19, 2007, 121 Stat. 1665; Pub. L. 11758, div. D, title I, § 40109(c), Nov. 15, 2021, 135 Stat. 944.)
## Notes
Editorial Notes
References in TextThe Federal Trade Commission Act, referred to in subsec. (d), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables. The Energy Conservation and Production Act, referred to in subsec. (g)(2)(A)(i), is Pub. L. 94385, Aug. 14, 1976, 90 Stat. 1125. Part A of title IV of the Act is classified generally to part A (§ 6861 et seq.) of subchapter III of chapter 81 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6801 of this title and Tables.
Amendments2021—Subsec. (f). Pub. L. 11758 added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “For the purpose of carrying out this part, there are authorized to be appropriated $125,000,000 for each of fiscal years 2007 through 2012.” 2007—Subsec. (f). Pub. L. 110140 substituted “$125,000,000 for each of fiscal years 2007 through 2012” for “$100,000,000 for each of the fiscal years 2006 and 2007 and $125,000,000 for fiscal year 2008”. 2005—Subsec. (f). Pub. L. 10958 substituted “$100,000,000 for each of the fiscal years 2006 and 2007 and $125,000,000 for fiscal year 2008” for “for fiscal years 1999 through 2003 such sums as may be necessary”. 1998—Subsec. (f). Pub. L. 105388 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “(f)(1) Except as provided in paragraph (2), for the purpose of carrying out this part, there are authorized to be appropriated not to exceed $25,000,000 for fiscal year 1991, $35,000,000 for fiscal year 1992, and $45,000,000 for fiscal year 1993. “(2) For the purposes of carrying out section 6323(f) of this title, there is authorized to be appropriated for fiscal year 1994 and each fiscal year thereafter such sums as may be necessary, to remain available until expended.” 1995—Subsec. (c). Pub. L. 10466 substituted “, as part of the report required under section 7267 of this title, report” for “report annually” in first sentence. 1992—Subsec. (f). Pub. L. 102486 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), for the purpose” for “For the purpose”, and added par. (2). 1990—Subsec. (f). Pub. L. 101440, § 8(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “There are authorized to be appropriated for carrying out the provisions of this part (other than section 6327 of this title) $50,000,000 for fiscal year 1976, $50,000,000 for fiscal year 1977, $50,000,000 for fiscal year 1978, and $50,000,000 for fiscal year 1979.” Subsec. (g). Pub. L. 101440, § 5, added subsec. (g). 1978—Subsecs. (a) to (c), (e). Pub. L. 95619, § 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing. Subsec. (f). Pub. L. 95619, § 621, authorized to be appropriated $50,000,000 for fiscal year 1979. 1976—Subsec. (d). Pub. L. 94385, § 432(d)(1), (2), added subsec. (d). Former subsec. (d) redesignated (f). Subsec. (e). Pub. L. 94385, § 432(d)(2), added subsec. (e). Subsec. (f). Pub. L. 94385, § 432(d)(1), (3), redesignated former subsec. (d) as (f) and inserted “(other than section 6327 of this title)” after “part”.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 1037 (in which the 16th item on page 87 identifies a reporting provision which, as subsequently amended, is contained in subsec. (c) of this section and in which the 14th item on page 91 identifies a reporting provision in subsec. (g)(8) of this section), see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758, including authority of Secretary of Labor, see section 18851 of this title.
@@ -0,0 +1,125 @@
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# 42 U.S.C. § 6326 - State energy security plans
## Text
(a) Definitions In this section:
(1) Bulk-power system The term “bulk-power system” has the meaning given the term in section 824o(a) of title 16.
(2) State energy security plan The term “State energy security plan” means a State energy security plan described in subsection (b).
(b) Financial assistance for State energy security plans Federal financial assistance made available to a State under this part may be used for the development, implementation, review, and revision of a State energy security plan that—
(1) assesses the existing circumstances in the State; and
(2) proposes methods to strengthen the ability of the State, in consultation with owners and operators of energy infrastructure in the State—
(A) to secure the energy infrastructure of the State against all physical and cybersecurity threats;
(B) (i) to mitigate the risk of energy supply disruptions to the State; and
(ii) to enhance the response to, and recovery from, energy disruptions; and
(C) to ensure that the State has reliable, secure, and resilient energy infrastructure.
(c) Contents of plan A State energy security plan shall—
(1) address all energy sources and regulated and unregulated energy providers;
(2) provide a State energy profile, including an assessment of energy production, transmission, distribution, and end-use;
(3) address potential hazards to each energy sector or system, including—
(A) physical threats and vulnerabilities; and
(B) cybersecurity threats and vulnerabilities;
(4) provide a risk assessment of energy infrastructure and cross-sector interdependencies;
(5) provide a risk mitigation approach to enhance reliability and end-use resilience; and
(6) (A) address—
(i) multi-State and regional coordination, planning, and response; and
(ii) coordination with Indian Tribes with respect to planning and response; and
(B) to the extent practicable, encourage mutual assistance in cyber and physical response plans.
(d) Coordination In developing or revising a State energy security plan, the State energy office of the State shall coordinate, to the extent practicable, with—
(1) the public utility or service commission of the State;
(2) energy providers from the private and public sectors; and
(3) other entities responsible for—
(A) maintaining fuel or electric reliability; and
(B) securing energy infrastructure.
(e) Financial assistance A State is not eligible to receive Federal financial assistance under this part for any purpose for a fiscal year unless the Governor of the State submits to the Secretary, with respect to that fiscal year—
(1) a State energy security plan that meets the requirements of subsection (c); or
(2) after an annual review, carried out by the Governor, of a State energy security plan—
(A) any necessary revisions to the State energy security plan; or
(B) a certification that no revisions to the State energy security plan are necessary.
(f) Technical assistance On request of the Governor of a State, the Secretary, in consultation with the Secretary of Homeland Security, may provide information, technical assistance, and other assistance in the development, implementation, or revision of a State energy security plan.
(g) Requirement Each State receiving Federal financial assistance under this part shall provide reasonable assurance to the Secretary that the State has established policies and procedures designed to assure that the financial assistance will be used—
(1) to supplement, and not to supplant, State and local funds; and
(2) to the maximum extent practicable, to increase the amount of State and local funds that otherwise would be available, in the absence of the Federal financial assistance, for the implementation of a State energy security plan.
(h) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system—
(1) shall be exempt from disclosure under section 552(b)(3) of title 5; and
(2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records.
(i) Sunset The requirements of this section shall expire on October 31, 2025.
(Pub. L. 94163, title III, § 366, Dec. 22, 1975, 89 Stat. 935; Pub. L. 94385, title IV, § 431, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101440, § 2(b), Oct. 18, 1990, 104 Stat. 1006; Pub. L. 11758, div. D, title I, § 40108(a)(2)(4), Nov. 15, 2021, 135 Stat. 941, 942.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 11758, § 40108(a)(4), amended section generally. Prior to amendment, section defined terms used in this part. Pub. L. 11758, § 40108(a)(3), redesignated pars. (1) to (8) as pars. (1) to (8) of section 6321(c) of this title. Pub. L. 11758, § 40108(a)(2)(B), inserted headings in pars. (1) to (8). Par. (3)(B)(i). Pub. L. 11758, § 40108(a)(2)(A), substituted “; and” for “approved under section 6327 of this title, and”. Pars. (6), (7). Pub. L. 11758, § 40108(a)(2)(C), redesignated pars. (6) and (7) as (7) and (6), respectively, and rearranged pars. in numerical order. 1990—Par. (4). Pub. L. 101440 substituted “building, building system, energy consuming device associated with the building, or industrial” for “building or industrial”, “May 1, 1989” for “August 14, 1976”, and “maintain or improve the efficiency” for “improve the efficiency”. 1978—Pars. (1), (3)(A), (B)(ii), (4), (A), (6), (B), (B)(i). Pub. L. 95619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing. 1976—Pub. L. 94385 redesignated former pars. (1) and (2) as (7) and (8), respectively, and added pars. (1) to (6).
Statutory Notes and Related Subsidiaries
Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758, including authority of Secretary of Labor, see section 18851 of this title.
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# 42 U.S.C. § 6327 - Repealed. Pub. L. 101440, § 4(c)(1), Oct. 18, 1990, 104 Stat. 1009
## Notes
Section, Pub. L. 94163, title III, § 367, as added Pub. L. 94385, title IV, § 432(a), Aug. 14, 1976, 90 Stat. 1160; amended Pub. L. 9591, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95619, title VI, §§ 622, 691(b)(2), Nov. 9, 1978, 92 Stat. 3283, 3288, related to supplemental State energy conservation plans.
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# 42 U.S.C. § 6342 - Survey and Registry
## Text
(a) Recoverable waste energy inventory program (1) In general The Administrator, in cooperation with the Secretary and State energy offices, shall establish a recoverable waste energy inventory program.
(2) Survey The program shall include—
(A) an ongoing survey of all major industrial and large commercial combustion sources in the United States (as defined by the Administrator) and the sites at which the sources are located; and
(B) a review of each source for the quantity and quality of waste energy produced at the source.
(b) Criteria (1) In general Not later than 270 days after December 19, 2007, the Administrator shall publish a rule for establishing criteria for including sites in the Registry.
(2) Inclusions The criteria shall include—
(A) a requirement that, to be included in the Registry, a project at the site shall be determined to be economically feasible by virtue of offering a payback of invested costs not later than 5 years after the date of first full project operation (including incentives offered under this part);
(B) standards to ensure that projects proposed for inclusion in the Registry are not developed or used for the primary purpose of making sales of excess electric power under the regulatory provisions of this part; and
(C) procedures for contesting the listing of any source or site on the Registry by any State, utility, or other interested person.
(c) Technical support On the request of the owner or operator of a source or site included in the Registry, the Secretary shall—
(1) provide to owners or operators of combustion sources technical support; and
(2) offer partial funding (in an amount equal to not more than one-half of total costs) for feasibility studies to confirm whether or not investment in recovery of waste energy or combined heat and power at a source would offer a payback period of 5 years or less.
(d) Registry (1) Establishment (A) In general Not later than 1 year after December 19, 2007, the Administrator shall establish a Registry of Recoverable Waste Energy Sources, and sites on which the sources are located, that meet the criteria established under subsection (b).
(B) Updates; availability The Administrator shall—
(i) update the Registry on a regular basis; and
(ii) make the Registry available to the public on the website of the Environmental Protection Agency.
(C) Contesting listing Any State, electric utility, or other interested person may contest the listing of any source or site by submitting a petition to the Administrator.
(2) Contents (A) In general The Administrator shall register and include on the Registry all sites meeting the criteria established under subsection (b).
(B) Quantity of recoverable waste energy The Administrator shall—
(i) calculate the total quantities of potentially recoverable waste energy from sources at the sites, nationally and by State; and
(ii) make public—
(I) the total quantities described in clause (i); and
(II) information on the criteria pollutant and greenhouse gas emissions savings that might be achieved with recovery of the waste energy from all sources and sites listed on the Registry.
(3) Availability of information (A) In general The Administrator shall notify owners or operators of recoverable waste energy sources and sites listed on the Registry prior to publishing the listing.
(B) Detailed quantitative information (i) In general Except as provided in clause (ii), the owner or operator of a source at a site may elect to have detailed quantitative information concerning the site not made public by notifying the Administrator of the election.
(ii) Limited availability The information shall be made available to—
(I) the applicable State energy office; and
(II) any utility requested to support recovery of waste energy from the source pursuant to the incentives provided under section 6344 of this title.
(iii) State totals Information concerning the site shall be included in the total quantity of recoverable waste energy for a State unless there are fewer than 3 sites in the State.
(4) Removal of projects from registry (A) In general Subject to subparagraph (B), as a project achieves successful recovery of waste energy, the Administrator shall—
(i) remove the related sites or sources from the Registry; and
(ii) designate the removed projects as eligible for incentives under section 6344 of this title.
(B) Limitation No project shall be removed from the Registry without the consent of the owner or operator of the project if—
(i) the owner or operator has submitted a petition under section 6344 of this title; and
(ii) the petition has not been acted on or denied.
(5) Ineligibility of certain sources The Administrator shall not list any source constructed after December 19, 2007, on the Registry if the Administrator determines that the source—
(A) was developed for the primary purpose of making sales of excess electric power under the regulatory provisions of this part; or
(B) does not capture at least 60 percent of the total energy value of the fuels used (on a higher-heating-value basis) in the form of useful thermal energy, electricity, mechanical energy, chemical output, or any combination thereof.
(e) Self-certification (1) In general Subject to any procedures that are established by the Administrator, an owner, operator, or third-party developer of a recoverable waste energy project that qualifies under standards established by the Administrator may self-certify the sites or sources of the owner, operator, or developer to the Administrator for inclusion in the Registry.
(2) Review and approval To prevent a fraudulent listing, a site or source shall be included on the Registry only if the Administrator reviews and approves the self-certification.
(f) New facilities As a new energy-consuming industrial facility is developed after December 19, 2007, to the extent the facility may constitute a site with recoverable waste energy that may qualify for inclusion on the Registry, the Administrator may elect to include the facility on the Registry, at the request of the owner, operator, or developer of the facility, on a conditional basis with the site to be removed from the Registry if the development ceases or the site fails to qualify for listing under this part.
(g) Optimum means of recovery For each site listed in the Registry, at the request of the owner or operator of the site, the Administrator shall offer, in cooperation with Clean Energy Application Centers operated by the Secretary of Energy, suggestions for optimum means of recovery of value from waste energy stream in the form of electricity, useful thermal energy, or other energy-related products.
(h) Revision Each annual report of a State under section 8258(a) of title 42 shall include the results of the survey for the State under this section.
(i) Authorization of appropriations There are authorized to be appropriated to—
(1) the Administrator to create and maintain the Registry and services authorized by this section, $1,000,000 for each of fiscal years 2008 through 2012; and
(2) the Secretary—
(A) to assist site or source owners and operators in determining the feasibility of projects authorized by this section, $2,000,000 for each of fiscal years 2008 through 2012; and
(B) to provide funding for State energy office functions under this section, $5,000,000.
(Pub. L. 94163, title III, § 372, as added Pub. L. 110140, title IV, § 451(a), Dec. 19, 2007, 121 Stat. 1624.)
## Notes
Editorial Notes
References in TextClean Energy Application Centers, referred to in subsec. (g), were redesignated as the CHP Technical Assistance Partnership Program. See section 6345 of this title.
Prior ProvisionsA prior section 6342, Pub. L. 94163, title III, § 372, Dec. 22, 1975, 89 Stat. 936; Pub. L. 9591, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to establishment and maintenance of an energy efficiency program, prior to repeal by Pub. L. 99509, title III, § 3101(b), Oct. 21, 1986, 100 Stat. 1888.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as a note under section 1824 of Title 2, The Congress.
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# 42 U.S.C. § 6343 - Waste energy recovery incentive grant program
## Text
(a) Establishment The Secretary shall establish in the Department of Energy a waste energy recovery incentive grant program to provide incentive grants to—
(1) owners and operators of projects that successfully produce electricity or incremental useful thermal energy from waste energy recovery;
(2) utilities purchasing or distributing the electricity; and
(3) States that have achieved 80 percent or more of recoverable waste heat recovery opportunities.
(b) Grants to projects and utilities (1) In general The Secretary shall make grants under this section—
(A) to the owners or operators of waste energy recovery projects; and
(B) in the case of excess power purchased or transmitted by a electric utility, to the utility.
(2) Proof Grants may only be made under this section on receipt of proof of waste energy recovery or excess electricity generation, or both, from the project in a form prescribed by the Secretary.
(3) Excess electric energy (A) In general In the case of waste energy recovery, a grant under this section shall be made at the rate of $10 per megawatt hour of documented electricity produced from recoverable waste energy (or by prevention of waste energy in the case of a new facility) by the project during the first 3 calendar years of production, beginning on or after December 19, 2007.
(B) Utilities If the project produces net excess power and an electric utility purchases or transmits the excess power, 50 percent of so much of the grant as is attributable to the net excess power shall be paid to the electric utility purchasing or transporting the net excess power.
(4) Useful thermal energy In the case of waste energy recovery that produces useful thermal energy that is used for a purpose different from that for which the project is principally designed, a grant under this section shall be made to the owner or operator of the waste energy recovery project at the rate of $10 for each 3,412,000 Btus of the excess thermal energy used for the different purpose.
(c) Grants to States In the case of any State that has achieved 80 percent or more of waste heat recovery opportunities identified by the Secretary under this part, the Administrator shall make a 1-time grant to the State in an amount of not more than $1,000 per megawatt of waste-heat capacity recovered (or a thermal equivalent) to support State-level programs to identify and achieve additional energy efficiency.
(d) Eligibility The Secretary shall—
(1) establish rules and guidelines to establish eligibility for grants under subsection (b);
(2) publicize the availability of the grant program known to owners or operators of recoverable waste energy sources and sites listed on the Registry; and
(3) award grants under the program on the basis of the merits of each project in recovering or preventing waste energy throughout the United States on an impartial, objective, and not unduly discriminatory basis.
(e) Limitation The Secretary shall not award grants to any person for a combined heat and power project or a waste heat recovery project that qualifies for specific Federal tax incentives for combined heat and power or for waste heat recovery.
(f) Authorization of appropriations There are authorized to be appropriated to the Secretary—
(1) to make grants to projects and utilities under subsection (b)—
(A) $100,000,000 for fiscal year 2008 and $200,000,000 for each of fiscal years 2009 through 2012; and
(B) such additional amounts for fiscal year 2008 and each fiscal year thereafter as may be necessary for administration of the waste energy recovery incentive grant program; and
(2) to make grants to States under subsection (b), $10,000,000 for each of fiscal years 2008 through 2012, to remain available until expended.
(Pub. L. 94163, title III, § 373, as added Pub. L. 110140, title IV, § 451(a), Dec. 19, 2007, 121 Stat. 1627.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6343, Pub. L. 94163, title III, § 373, Dec. 22, 1975, 89 Stat. 936; Pub. L. 95619, title VI, §§ 601(a), 691(b)(2), Nov. 9, 1978, 92 Stat. 3282, 3288, related to identification of major energy-consuming industries and corporations in the United States, prior to repeal by Pub. L. 99509, title III, § 3101(b), Oct. 21, 1986, 100 Stat. 1888.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as a note under section 1824 of Title 2, The Congress.
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# 42 U.S.C. § 6344 - Additional incentives for recovery, use, and prevention of industrial waste energy
## Text
(a) Consideration of standard (1) In general Not later than 180 days after the receipt by a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority), or nonregulated electric utility, of a request from a project sponsor or owner or operator, the State regulatory authority or nonregulated electric utility shall—
(A) provide public notice and conduct a hearing respecting the standard established by subsection (b); and
(B) on the basis of the hearing, consider and make a determination whether or not it is appropriate to implement the standard to carry out the purposes of this part.
(2) Relationship to State law For purposes of any determination under paragraph (1) and any review of the determination in any court, the purposes of this section supplement otherwise applicable State law.
(3) Nonadoption of standard Nothing in this part prohibits any State regulatory authority or nonregulated electric utility from making any determination that it is not appropriate to adopt any standard described in paragraph (1), pursuant to authority under otherwise applicable State law.
(b) Standard for sales of excess power For purposes of this section, the standard referred to in subsection (a) shall provide that an owner or operator of a waste energy recovery project identified on the Registry that generates net excess power shall be eligible to benefit from at least 1 of the options described in subsection (c) for disposal of the net excess power in accordance with the rate conditions and limitations described in subsection (d).
(c) Options The options referred to in subsection (b) are as follows:
(1) Sale of net excess power to utility The electric utility shall purchase the net excess power from the owner or operator of the eligible waste energy recovery project during the operation of the project under a contract entered into for that purpose.
(2) Transport by utility for direct sale to third party The electric utility shall transmit the net excess power on behalf of the project owner or operator to up to 3 separate locations on the system of the utility for direct sale by the owner or operator to third parties at those locations.
(3) Transport over private transmission lines The State and the electric utility shall permit, and shall waive or modify such laws as would otherwise prohibit, the construction and operation of private electric wires constructed, owned, and operated by the project owner or operator, to transport the power to up to 3 purchasers within a 3-mile radius of the project, allowing the wires to use or cross public rights-of-way, without subjecting the project to regulation as a public utility, and according the wires the same treatment for safety, zoning, land use, and other legal privileges as apply or would apply to the wires of the utility, except that—
(A) there shall be no grant of any power of eminent domain to take or cross private property for the wires; and
(B) the wires shall be physically segregated and not interconnected with any portion of the system of the utility, except on the customer side of the revenue meter of the utility and in a manner that precludes any possible export of the electricity onto the utility system, or disruption of the system.
(4) Agreed on alternatives The utility and the owner or operator of the project may reach agreement on any alternate arrangement and payments or rates associated with the arrangement that is mutually satisfactory and in accord with State law.
(d) Rate conditions and criteria (1) Definitions In this subsection:
(A) Per unit distribution costs The term “per unit distribution costs” means (in kilowatt hours) the quotient obtained by dividing—
(i) the depreciated book-value distribution system costs of a utility; by
(ii) the volume of utility electricity sales or transmission during the previous year at the distribution level.
(B) Per unit distribution margin The term “per unit distribution margin” means—
(i) in the case of a State-regulated electric utility, a per-unit gross pretax profit equal to the product obtained by multiplying—
(I) the State-approved percentage rate of return for the utility for distribution system assets; by
(II) the per unit distribution costs; and
(ii) in the case of a nonregulated utility, a per unit contribution to net revenues determined multiplying—
(I) the percentage (but not less than 10 percent) obtained by dividing—
(aa) the amount of any net revenue payment or contribution to the owners or subscribers of the nonregulated utility during the prior year; by
(bb) the gross revenues of the utility during the prior year to obtain a percentage; by
(II) the per unit distribution costs.
(C) Per unit transmission costs The term “per unit transmission costs” means the total cost of those transmission services purchased or provided by a utility on a per-kilowatt-hour basis as included in the retail rate of the utility.
(2) Options The options described in paragraphs (1) and (2) in subsection (c) shall be offered under purchase and transport rate conditions that reflect the rate components defined under paragraph (1) as applicable under the circumstances described in paragraph (3).
(3) Applicable rates (A) Rates applicable to sale of net excess power (i) In general Sales made by a project owner or operator of a facility under the option described in subsection (c)(1) shall be paid for on a per kilowatt hour basis that shall equal the full undiscounted retail rate paid to the utility for power purchased by the facility minus per unit distribution costs, that applies to the type of utility purchasing the power.
(ii) Voltages exceeding 25 kilovolts If the net excess power is made available for purchase at voltages that must be transformed to or from voltages exceeding 25 kilovolts to be available for resale by the utility, the purchase price shall further be reduced by per unit transmission costs.
(B) Rates applicable to transport by utility for direct sale to third parties (i) In general Transportation by utilities of power on behalf of the owner or operator of a project under the option described in subsection (c)(2) shall incur a transportation rate that shall equal the per unit distribution costs and per unit distribution margin, that applies to the type of utility transporting the power.
(ii) Voltages exceeding 25 kilovolts If the net excess power is made available for transportation at voltages that must be transformed to or from voltages exceeding 25 kilovolts to be transported to the designated third-party purchasers, the transport rate shall further be increased by per unit transmission costs.
(iii) States with competitive retail markets for electricity In a State with a competitive retail market for electricity, the applicable transportation rate for similar transportation shall be applied in lieu of any rate calculated under this paragraph.
(4) Limitations (A) In general Any rate established for sale or transportation under this section shall—
(i) be modified over time with changes in the underlying costs or rates of the electric utility; and
(ii) reflect the same time-sensitivity and billing periods as are established in the retail sales or transportation rates offered by the utility.
(B) Limitation No utility shall be required to purchase or transport a quantity of net excess power under this section that exceeds the available capacity of the wires, meter, or other equipment of the electric utility serving the site unless the owner or operator of the project agrees to pay necessary and reasonable upgrade costs.
(e) Procedural requirements for consideration and determination (1) Public notice and hearing (A) In general The consideration referred to in subsection (a) shall be made after public notice and hearing.
(B) Administration The determination referred to in subsection (a) shall be—
(i) in writing;
(ii) based on findings included in the determination and on the evidence presented at the hearing; and
(iii) available to the public.
(2) Intervention by Administrator The Administrator may intervene as a matter of right in a proceeding conducted under this section—
(A) to calculate—
(i) the energy and emissions likely to be saved by electing to adopt 1 or more of the options; and
(ii) the costs and benefits to ratepayers and the utility; and
(B) to advocate for the waste-energy recovery opportunity.
(3) Procedures (A) In general Except as otherwise provided in paragraphs (1) and (2), the procedures for the consideration and determination referred to in subsection (a) shall be the procedures established by the State regulatory authority or the nonregulated electric utility.
(B) Multiple projects If there is more than 1 project seeking consideration simultaneously in connection with the same utility, the proceeding may encompass all such projects, if full attention is paid to individual circumstances and merits and an individual judgment is reached with respect to each project.
(f) Implementation (1) In general The State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility may, to the extent consistent with otherwise applicable State law—
(A) implement the standard determined under this section; or
(B) decline to implement any such standard.
(2) Nonimplementation of standard (A) In general If a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility declines to implement any standard established by this section, the authority or nonregulated electric utility shall state in writing the reasons for declining to implement the standard.
(B) Availability to public The statement of reasons shall be available to the public.
(C) Annual report The Administrator shall include in an annual report submitted to Congress a description of the lost opportunities for waste-heat recovery from the project described in subparagraph (A), specifically identifying the utility and stating the quantity of lost energy and emissions savings calculated.
(D) New petition If a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility declines to implement the standard established by this section, the project sponsor may submit a new petition under this section with respect to the project at any time after the date that is 2 years after the date on which the State regulatory authority or nonregulated utility declined to implement the standard.
(Pub. L. 94163, title III, § 374, as added Pub. L. 110140, title IV, § 451(a), Dec. 19, 2007, 121 Stat. 1628.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 6344 and 6344a were repealed by Pub. L. 99509, title III, § 3101(b), Oct. 21, 1986, 100 Stat. 1888. Section 6344, Pub. L. 94163, title III, § 374, Dec. 22, 1975, 89 Stat. 936; Pub. L. 95619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to establishment of individual energy improvement targets for each of the 10 most energy-consumptive industries. Section 6344a, Pub. L. 94163, title III, § 374A, as added Pub. L. 95619, title IV, § 461(c), Nov. 9, 1978, 92 Stat. 3273, related to targets for increased utilization of energy-saving recovered materials for specified industries.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as a note under section 1824 of Title 2, The Congress.
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# 42 U.S.C. § 6345 - CHP Technical Assistance Partnership Program
## Text
(a) Renaming (1) In general The Clean Energy Application Centers of the Department of Energy are redesignated as the CHP Technical Assistance Partnership Program (referred to in this section as the “Program”).
(2) Program description The Program shall consist of—
(A) the 10 regional CHP Technical Assistance Partnerships in existence on December 27, 2020;
(B) such other regional CHP Technical Assistance Partnerships as the Secretary may establish with consideration given to establishing such partnerships in rural communities; and
(C) any supporting technical activities under the Technical Partnership Program of the Advanced Manufacturing Office.
(3) References Any reference in any law, rule, regulation, or publication to a Combined Heat and Power Application Center or a Clean Energy Application Center shall be deemed to be a reference to the Program.
(b) CHP Technical Assistance Partnership Program (1) In general The Program shall—
(A) operate programs to encourage deployment of combined heat and power, waste heat to power, and efficient district energy (collectively referred to in this subsection as “CHP”) technologies by providing education and outreach to—
(i) building, industrial, and electric and natural gas utility professionals;
(ii) State and local policymakers; and
(iii) other individuals and organizations with an interest in efficient energy use, local or opportunity fuel use, resiliency, or energy security, microgrids, and district energy; and
(B) provide project specific support to building and industrial professionals through economic and engineering assessments and advisory activities.
(2) Funding for certain activities (A) In general The Program shall make funds available to institutions of higher education, research centers, and other appropriate institutions to ensure the continued operations and effectiveness of the regional CHP Technical Assistance Partnerships.
(B) Use of funds Funds made available under subparagraph (A) may be used—
(i) to collect and distribute informational materials relevant to manufacturers, commercial buildings, institutional facilities, and Federal sites, including continued support of the mission goals of the Department of Defense, on CHP and microgrid technologies, including continuation and updating of—
(I) the CHP installation database;
(II) CHP technology potential analyses;
(III) State CHP resource pages; and
(IV) CHP Technical Assistance Partnerships websites;
(ii) to produce and conduct workshops, reports, seminars, internet programs, CHP resiliency resources, and other activities to provide education to end users, regulators, and stakeholders in a manner that leads to the deployment of CHP technologies;
(iii) to provide or coordinate onsite assessments for sites and enterprises that may consider deployment of CHP technology, including the potential use of biomass CHP systems;
(iv) to identify candidates for deployment of CHP technologies, hybrid renewable-CHP technologies, biomass CHP, microgrids, and clean energy;
(v) to provide nonbiased engineering support to sites considering deployment of CHP technologies;
(vi) to assist organizations and communities, including rural communities, developing clean energy technologies and policies in overcoming barriers to deployment; and
(vii) to assist companies, communities (including rural communities), and organizations with field validation and performance evaluations of CHP and other clean energy technologies implemented.
(C) Duration The Program shall make funds available under subparagraph (A) for a period of 5 years.
(c) Authorization of appropriations There are authorized to be appropriated to carry out this section $12,000,000 for each of fiscal years 2021 through 2025.
(Pub. L. 94163, title III, § 375, as added Pub. L. 110140, title IV, § 451(a), Dec. 19, 2007, 121 Stat. 1632; amended Pub. L. 116260, div. Z, title I, § 1013(a), Dec. 27, 2020, 134 Stat. 2449.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6345, Pub. L. 94163, title III, § 375, Dec. 22, 1975, 89 Stat. 937; Pub. L. 95619, title VI, § 601(b), Nov. 9, 1978, 92 Stat. 3282, required reports on progress made in improving energy efficiency and achievement of energy efficiency improvement targets, prior to repeal by Pub. L. 99509, title III, § 3101(b), Oct. 21, 1986, 100 Stat. 1888.
Amendments2020—Pub. L. 116260 amended section generally. Prior to amendment, section related to Clean Energy Application Centers.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as a note under section 1824 of Title 2, The Congress.
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# 42 U.S.C. § 6346 - Sustainable manufacturing initiative
## Text
(a) In general As part of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Secretary, on the request of a manufacturer, shall carry out onsite technical assessments to identify opportunities for—
(1) maximizing the energy efficiency of industrial processes and cross-cutting systems;
(2) preventing pollution and minimizing waste;
(3) improving efficient use of water in manufacturing processes;
(4) conserving natural resources; and
(5) achieving such other goals as the Secretary determines to be appropriate.
(b) Coordination To implement any recommendations resulting from an onsite technical assessment carried out under subsection (a) and to accelerate the adoption of new and existing technologies and processes that improve energy efficiency, the Secretary shall coordinate with—
(1) the Advanced Manufacturing Office of the Department of Energy;
(2) the Building Technologies Office of the Department of Energy;
(3) the Federal Energy Management Program of the Department of Energy; and
(4) the private sector and other appropriate agencies, including the National Institute of Standards and Technology.
(c) Research and development program for sustainable manufacturing and industrial technologies and processes As part of the industrial efficiency programs of the Department of Energy, the Secretary shall carry out a joint industry-government partnership program to research, develop, and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants, reduce pollution, and conserve natural resources.
(Pub. L. 94163, title III, § 376, as added Pub. L. 11758, div. D, title V, § 40522(a), Nov. 15, 2021, 135 Stat. 1067.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6346, Pub. L. 94163, title III, § 376, Dec. 22, 1975, 89 Stat. 938; Pub. L. 95619, title IV, § 461(d)(1), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3275, 3288, set forth general provisions relating to compliance with former part C reporting requirements, use of information, and absence of liability for failure to meet energy efficiency improvement targets, prior to repeal by Pub. L. 99509, title III, § 3101(b), Oct. 21, 1986, 100 Stat. 1888.
Statutory Notes and Related Subsidiaries
Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758, including authority of Secretary of Labor, see section 18851 of this title.
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# 42 U.S.C. § 6347 - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 96294, title V, § 591, June 30, 1980, 94 Stat. 761, authorized appropriations to Secretary of Energy of $40,000,000 for each of fiscal years ending Sept. 30, 1981 and 1982, for industrial energy conservation demonstration projects designed to substantially increase productivity in industry. Section was enacted as part of the Energy Security Act, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
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# 42 U.S.C. § 6348 - Energy efficiency in industrial facilities
## Text
(a) Grant program (1) In general The Secretary shall make grants to industry associations to support programs to improve energy efficiency in industry. In order to be eligible for a grant under this subsection, an industry association shall establish a voluntary energy efficiency improvement target program.
(2) Awarding of grants The Secretary shall request project proposals and provide annual grants on a competitive basis. In evaluating grant proposals under this subsection, the Secretary shall consider—
(A) potential energy savings;
(B) potential environmental benefits;
(C) the degree of cost sharing;
(D) the degree to which new and innovative technologies will be encouraged;
(E) the level of industry involvement;
(F) estimated project cost-effectiveness; and
(G) the degree to which progress toward the energy improvement targets can be monitored.
(3) Eligible projects Projects eligible for grants under this subsection may include the following:
(A) Workshops.
(B) Training seminars.
(C) Handbooks.
(D) Newsletters.
(E) Data bases.
(F) Other activities approved by the Secretary.
(4) Limitation on cost sharing Grants provided under this subsection shall not exceed $250,000 and each grant shall not exceed 75 percent of the total cost of the project for which the grant is made.
(5) Authorization There are authorized to be appropriated such sums as are necessary to carry out this subsection.
(b) Award program The Secretary shall establish an annual award program to recognize those industry associations or individual industrial companies that have significantly improved their energy efficiency.
(c) Report on industrial reporting and voluntary targets Not later than one year after October 24, 1992, the Secretary shall, in consultation with affected industries, evaluate and report to the Congress regarding the establishment of Federally mandated energy efficiency reporting requirements and voluntary energy efficiency improvement targets for energy intensive industries. Such report shall include an evaluation of the costs and benefits of such reporting requirements and voluntary energy efficiency improvement targets, and recommendations regarding the role of such activities in improving energy efficiency in energy intensive industries.
(Pub. L. 102486, title I, § 131, Oct. 24, 1992, 106 Stat. 2836.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
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# 42 U.S.C. § 6349 - Process-oriented industrial energy efficiency
## Text
(a) Definitions For the purposes of this section—
(1) the term “covered industry” means the food and food products industry, lumber and wood products industry, petroleum and coal products industry, and all other manufacturing industries specified in Standard Industrial Classification Codes 20 through 39 (or successor classification codes);
(2) the term “process-oriented industrial assessment” means—
(A) the identification of opportunities in the production process (from the introduction of materials to final packaging of the product for shipping) for—
(i) improving energy efficiency;
(ii) reducing environmental impact; and
(iii) designing technological improvements to increase competitiveness and achieve cost-effective product quality enhancement;
(B) the identification of opportunities for improving the energy efficiency of lighting, heating, ventilation, air conditioning, and the associated building envelope; and
(C) the identification of cost-effective opportunities for using renewable energy technology in the production process and in the systems described in subparagraph (B); and
(3) the term “utility” means any person, State agency (including any municipality), or Federal agency, which sells electric or gas energy to retail customers.
(b) Grant program (1) Use of funds The Secretary shall, to the extent funds are made available for such purpose, make grants to States which, consistent with State law, shall be used for the following purposes:
(A) To promote, through appropriate institutions such as universities, nonprofit organizations, State and local government entities, technical centers, utilities, and trade organizations, the use of energy-efficient technologies in covered industries.
(B) To establish programs to train individuals (on an industry-by-industry basis) in conducting process-oriented industrial assessments and to encourage the use of such trained assessors.
(C) To assist utilities in developing, testing, and evaluating energy efficiency programs and technologies for industrial customers in covered industries.
(2) Consultation States receiving grants under this subsection shall consult with utilities and representatives of affected industries, as appropriate, in determining the most effective use of such funds consistent with the requirements of paragraph (1).
(3) Eligibility criteria Not later than 1 year after October 24, 1992, the Secretary shall establish eligibility criteria for grants made pursuant to this subsection. Such criteria shall require a State applying for a grant to demonstrate that such State—
(A) pursuant to section 2621(a) of title 16, has considered and made a determination regarding the implementation of the standards specified in paragraphs (7) and (8) of section 2621(d) of title 16 (with respect to integrated resources planning and investments in conservation and demand management); and
(B) by legislation or regulation—
(i) allows utilities to recover the costs prudently incurred in providing process-oriented industrial assessments; and
(ii) encourages utilities to provide to covered industries—
(I) process-oriented industrial assessments; and
(II) financial incentives for implementing energy efficiency improvements.
(4) Allocation of funds Grants made pursuant to this subsection shall be allocated each fiscal year among States meeting the criteria specified in paragraph (3) who have submitted applications 60 days before the first day of such fiscal year. Such allocation shall be made in accordance with a formula to be prescribed by the Secretary based on each States share of value added in industry (as determined by the Census of Manufacturers) as a percentage of the value added by all such States.
(5) Renewal of grants A grant under this subsection may continue to be renewed after 2 consecutive fiscal years during which a State receives a grant under this subsection, subject to the availability of funds, if—
(A) the Secretary determines that the funds made available to the State during the previous 2 years were used in a manner required under paragraph (1); and
(B) such State demonstrates, in a manner prescribed by the Secretary, utility participation in programs established pursuant to this subsection.
(6) Coordination with other Federal programs In carrying out the functions described in paragraph (1), States shall, to the extent practicable, coordinate such functions with activities and programs conducted by the Energy Analysis and Diagnostic Centers of the Department of Energy and the Manufacturing Technology Centers of the National Institute of Standards and Technology.
(c) Other Federal assistance (1) Assessment criteria Not later than 2 years after October 24, 1992, the Secretary shall, by contract with nonprofit organizations with expertise in process-oriented industrial energy efficiency technologies, establish and, as appropriate, update criteria for conducting process-oriented industrial assessments on an industry-by-industry basis. Such criteria shall be made available to State and local government, public utility commissions, utilities, representatives of affected process-oriented industries, and other interested parties.
(2) Directory The Secretary shall establish a nationwide directory of organizations offering industrial energy efficiency assessments, technologies, and services consistent with the purposes of this section. Such directory shall be made available to State governments, public utility commissions, utilities, industry representatives, and other interested parties.
(3) Award program The Secretary shall establish an annual award program to recognize utilities operating outstanding or innovative industrial energy efficiency technology assistance programs.
(4) Meetings In order to further the purposes of this section, the Secretary shall convene annual meetings of parties interested in process-oriented industrial assessments, including representatives of State government, public utility commissions, utilities, and affected process-oriented industries.
(d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
(Pub. L. 102486, title I, § 132, Oct. 24, 1992, 106 Stat. 2837; Pub. L. 10466, title I, § 1052(a)(1), Dec. 21, 1995, 109 Stat. 717; Pub. L. 105362, title IV, § 401(d), Nov. 10, 1998, 112 Stat. 3282.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Amendments1998—Subsecs. (d), (e). Pub. L. 105362 redesignated subsec. (e) as (d) and struck out heading and text of former subsec. (d) which related to reports to Congress. 1995—Subsec. (d). Pub. L. 10466 substituted “Not later than October 24, 1995, and biennially thereafter” for “Not later than 2 years after October 24, 1992, and annually thereafter” in introductory provisions and added par. (6).
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# 42 U.S.C. § 6350 - Industrial insulation and audit guidelines
## Text
(a) Voluntary guidelines for energy efficiency auditing and insulating Not later than 18 months after October 24, 1992, the Secretary, after consultation with utilities, major industrial energy consumers, and representatives of the insulation industry, shall establish voluntary guidelines for—
(1) the conduct of energy efficiency audits of industrial facilities to identify cost-effective opportunities to increase energy efficiency; and
(2) the installation of insulation to achieve cost-effective increases in energy efficiency in industrial facilities.
(b) Educational and technical assistance The Secretary shall conduct a program of educational and technical assistance to promote the use of the voluntary guidelines established under subsection (a).
(Pub. L. 102486, title I, § 133, Oct. 24, 1992, 106 Stat. 2840; Pub. L. 10466, title I, § 1052(a)(2), Dec. 21, 1995, 109 Stat. 717; Pub. L. 105362, title IV, § 401(e), Nov. 10, 1998, 112 Stat. 3282.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Amendments1998—Subsec. (c). Pub. L. 105362 struck out heading and text of subsec. (c). Text read as follows: “Not later than 2 years after October 24, 1995, and biennially thereafter, as part of the report required under section 6349(d) of this title, the Secretary shall report to the Congress on activities conducted pursuant to this section, including— “(1) a review of the status of industrial energy auditing procedures; and “(2) an evaluation of the effectiveness of the guidelines established under subsection (a) of this section and the responsiveness of the industrial sector to such guidelines.” 1995—Subsec. (c). Pub. L. 10466 in introductory provisions substituted “1995” for “1992”, and inserted “as part of the report required under section 6349(d) of this title,” after “and biennially thereafter,”.
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# 42 U.S.C. § 6351 - Coordination of research and development of energy efficient technologies for industry
## Text
(a) In general As part of the research and development activities of the Advanced Manufacturing Office of the Department of Energy, the Secretary of Energy (referred to in this section as the “Secretary”) shall establish, as appropriate, collaborative research and development partnerships with other programs within the Department of Energy that—
(1) leverage the research and development expertise of those programs to promote early stage energy efficiency technology development;
(2) support the use of innovative manufacturing processes and applied research for development, demonstration, and commercialization of new technologies and processes to improve efficiency (including improvements in efficient use of water), reduce emissions, reduce industrial waste, and improve industrial cost-competitiveness; and
(3) apply the knowledge and expertise of the Advanced Manufacturing Office to help achieve the program goals of the other programs.
(b) Reports Not later than 2 years after December 18, 2012, and biennially thereafter, the Secretary shall submit to Congress a report that describes actions taken to carry out subsection (a) and the results of those actions.
(Pub. L. 112210, § 6, Dec. 18, 2012, 126 Stat. 1519; Pub. L. 116260, div. Z, title VI, § 6002, Dec. 27, 2020, 134 Stat. 2552.)
## Notes
Editorial Notes
Codification Section was enacted as part of the American Energy Manufacturing Technical Corrections Act, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Amendments2020—Subsec. (a). Pub. L. 116260, in introductory provisions, substituted “Advanced Manufacturing Office” for “Industrial Technologies Program” and “Department of Energy” for “Office of Energy Efficiency and Renewable Energy (including the Building Technologies Program), the Office of Electricity Delivery and Energy Reliability, and the Office of Science”. Subsec. (a)(3). Pub. L. 116260, § 6002(1), substituted “Advanced Manufacturing Office” for “Industrial Technologies Program”.
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# 42 U.S.C. § 6361 - Federal energy conservation programs
## Text
(a) Establishment and coordination of Federal agency actions (1) The President shall, to the extent of his authority under other law, establish or coordinate Federal agency actions to develop mandatory standards with respect to energy conservation and energy efficiency to govern the procurement policies and decisions of the Federal Government and all Federal agencies, and shall take such steps as are necessary to cause such standards to be implemented.
(2) The President shall develop and, to the extent of his authority under other law, implement a 10-year plan for energy conservation with respect to buildings owned or leased by an agency of the United States. Such plan shall include mandatory lighting efficiency standards, mandatory thermal efficiency standards and insulation requirements, restrictions on hours of operation, thermostat controls, and other conditions of operation, and plans for replacing or retrofitting to meet such standards.
(b) Public education programs (1) The Secretary shall establish and carry out a responsible public education program—
(A) to encourage energy conservation and energy efficiency; or
(B) to promote van pooling and carpooling arrangements.
(2) For purposes of this subsection:
(A) The term “van” means any automobile which the Secretary determines is manufactured primarily for use in the transportation of not less than 8 individuals and not more than 15 individuals.
(B) The term “van pooling arrangement” means an arrangement for the transportation of employees between their residences or other designated locations and their place of employment on a nonprofit basis in which the operating costs of such arrangement are paid for by the employees utilizing such arrangement.
(c) Omitted
(d) Applicability of plan to Executive agencies The plan developed by the President pursuant to subsection (a)(2) shall be applicable to Executive agencies as defined in section 105 of title 5 and to the United States Postal Service.
(e) Authorization of appropriations In addition to funds authorized in any other law, there is authorized to be appropriated to the President for fiscal year 1978 not to exceed $25,000,000, and for fiscal year 1979 not to exceed $50,000,000, to carry out the purposes of subsection (a)(2).
(Pub. L. 94163, title III, § 381, Dec. 22, 1975, 89 Stat. 939; Pub. L. 95619, title V, § 501, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3275, 3288; Pub. L. 100615, § 2(b), Nov. 5, 1988, 102 Stat. 3189.)
## Notes
Editorial Notes
Codification Subsec. (c) of this section, which required the Secretary to include in the report required under section 8258(b) of this title the steps taken under subsecs. (a) and (b) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 13th item on page 19 and the 3rd item on page 138 of House Document No. 1037.
Amendments1988—Subsec. (c). Pub. L. 100615 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The President shall submit to the Congress an annual report concerning all steps taken under subsections (a) and (b) of this section.” 1978—Subsec. (b). Pub. L. 95619, § 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing. Subsecs. (d), (e). Pub. L. 95619, § 501, added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Transfer of Functions Functions vested in Secretary [formerly Administrator of Federal Energy Administration] under subsec. (b)(1)(B) of this section transferred to Secretary of Transportation by section 7159 of this title.
Executive Documents
Ex. Ord. No. 12191. Federal Facility Ridesharing Program Ex. Ord. No. 12191, Feb. 1, 1980, 45 F.R. 7997, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to increase ridesharing as a means to conserve petroleum, reduce congestion, improve air quality, and provide an economical way for Federal employees to commute to work, it is hereby ordered as follows:
11. Responsibilities of Executive Agencies1101. Executive agencies shall promote the use of ridesharing (carpools, vanpools, privately leased buses, public transportation, and other multi-occupancy modes of travel) by personnel working at Federal facilities. Agency actions pursuant to this Order shall be consistent with Circular A118 issued by the Office of Management and Budget. 1102. Agencies shall establish an annual ridesharing goal tailored to each facility, and expressed as a percentage of fulltime personnel working at that facility who use ridesharing in the commute between home and work. Agencies that share facilities or that are within easy walking distance of one another should coordinate their efforts to develop and implement ridesharing opportunities. 1103. Agencies shall designate, in accordance with OMB Circular A118, an employee transportation coordinator. Agencies that share facilities may designate a single transportation coordinator. The coordinator shall assist employees in forming carpools or vanpools (employee-owned or leased) and facilitate employee participation in ridesharing matching programs. The coordinator shall publicize within the facility the availability of public transportation. The coordinator shall also communicate employee needs for new or improved transportation service to the appropriate local public transit authorities or other organizations furnishing multi-passenger modes of travel. 1104. Agencies shall report to the Administrator of General Services, hereinafter referred to as the Administrator, the goals established, the means developed to achieve those goals, and the progress achieved. These reports shall be in such form and frequency as the Administrator may require.
12. Responsibilities of the Administrator of General Services1201. The Administrator shall issue such regulations as are necessary to implement this Order. 1202. The Administrator may exempt small, remotely located Federal facilities from the requirements of Sections 1102, 1103, and 1104 on his own initiative or upon request of the agency. An exemption shall be granted in whole or in part when, in the judgment of the Administrator, the requirements of those Sections would not yield significant ridesharing benefits. 1203. The Administrator shall, in consultation with the Secretary of Transportation, periodically provide agencies with guidelines, instructions, and other practical aids for establishing, implementing, and improving their ridesharing programs. 1204. The Administrator shall assist in coordinating the ridesharing activities of the agencies with the efforts of the Department of Energy, under the Federal Energy Management Program and in the development of an emergency energy conservation plan for the Federal government. 1205. The Administrator shall take into consideration the advice of the Environmental Protection Agency under the Clean Air Act, as amended [42 U.S.C. 7401 et seq.] in performing his responsibilities under this Order. 1206. The Administrator shall, in consultation with the Secretary of Transportation, report annually to the President on the performance of the agencies in implementing the policies and actions contained in this Order. The report shall include (a) an assessment of each agencys performance, including the reasonableness of its goals and the adequacy of its effort, (b) a comparison of private sector and State and local government ridesharing efforts with those of the Federal government, and (c) recommendations for additional actions necessary to remove barriers or to provide additional incentives to encourage more ridesharing by personnel at Federal facilities. Jimmy Carter.
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# 42 U.S.C. § 6362 - Energy conservation policies and practices
## Text
(a) “Agency” defined In this section, “agency” means—
(1) the Department of Transportation with respect to part A of subtitle VII of title 49, United States Code;
(2) the Interstate Commerce Commission;
(3) the Federal Maritime Commission; and
(4) the Federal Power Commission.
(b) Statement of probable impact of major regulatory action on energy efficiency Except as provided in subsection (c), each of the agencies specified in subsection (a) shall, where practicable and consistent with the exercise of their authority under other law, include in any major regulatory action (as defined by rule by each such agency) taken by each such agency, a statement of the probable impact of such major regulatory action on energy efficiency and energy conservation.
(c) Application of provisions to authority exercised to protect public health and safety Subsection (b) shall not apply to any authority exercised under any provision of law designed to protect the public health or safety.
(Pub. L. 94163, title III, § 382, Dec. 22, 1975, 89 Stat. 939; Pub. L. 103272, § 4(h), July 5, 1994, 108 Stat. 1364.)
## Notes
Editorial Notes
Amendments1994—Subsec. (a). Pub. L. 103272, § 4(h)(1), added subsec. (a) and struck out former subsec. (a) which related to reports to Congress by Federal agencies, feasibility of additional savings in energy consumption, and administration of laws permitting inefficient use of energy. Subsec. (b). Pub. L. 103272, § 4(h)(2), substituted “subsection (a)” for “subsection (a)(1)”.
Statutory Notes and Related Subsidiaries
Abolition of Interstate Commerce Commission and Transfer of Functions Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 10488, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 10488, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 10488, set out as a note under section 1301 of Title 49.
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# 42 U.S.C. § 6363 - Federal actions with respect to recycled oil
## Text
(a) Purpose The purposes of this section are—
(1) to encourage the recycling of used oil;
(2) to promote the use of recycled oil;
(3) to reduce consumption of new oil by promoting increased utilization of recycled oil; and
(4) to reduce environmental hazards and wasteful practices associated with the disposal of used oil.
(b) Definitions As used in this section:
(1) the term “used oil” means any oil which has been refined from crude oil, has been used, and as a result of such use has been contaminated by physical or chemical impurities.
(2) The term “recycled oil” means—
(A) used oil from which physical and chemical contaminants acquired through use have been removed by re-refining or other processing, or
(B) any blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives,
with respect to which the manufacturer has determined, pursuant to the rule prescribed under subsection (d)(1)(A)(i), is substantially equivalent to new oil for a particular end use.
(3) The term “new oil” means any oil which has been refined from crude oil and has not been used, and which may or may not contain additives. Such term does not include used oil or recycled oil.
(4) The term “manufacturer” means any person who re-refines or otherwise processes used oil to remove physical or chemical impurities acquired through use or who blends such re-refined or otherwise processed used oil with new oil or additives.
(5) The term “Commission” means the Federal Trade Commission.
(c) Test procedures for determining substantial equivalency of recycled oil and new oil As soon as practicable after December 22, 1975, the National Institute of Standards and Technology shall develop test procedures for the determination of substantial equivalency of re-refined or otherwise processed used oil or blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with new oil for a particular end use. As soon as practicable after development of such test procedures, the National Institute of Standards and Technology shall report such procedures to the Commission.
(d) Promulgation of rules prescribing test procedures and labeling standards (1) (A) Within 90 days after the date on which the Commission receives the report under subsection (c), the Commission shall, by rule, prescribe—
(i) test procedures for the determination of substantial equivalency of re-refined or otherwise processed used oil or blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with new oil distributed for a particular end use; and
(ii) labeling standards applicable to containers of recycled oil in order to carry out the purposes of this section.
(B) Such labeling standards shall permit any container of recycled oil to bear a label indicating any particular end use for which a determination of substantial equivalency has been made pursuant to subparagraph (A)(i).
(2) Not later than the expiration of such 90-day period, the Administrator of the Environmental Protection Agency shall, by rule, prescribe labeling standards applicable to containers of new oil, used oil, and recycled oil relating to the proper disposal of such oils after use. Such standards shall be designed to reduce, to the maximum extent practicable, environmental hazards and wasteful practices associated with the disposal of such oils after use.
(e) Labeling standards Beginning on the effective date of the standards prescribed pursuant to subsection (d)(1)(A)—
(1) no rule or order of the Commission, other than the rules required to be prescribed pursuant to subsection (d)(1)(A), and no law, regulation, or order of any State or political subdivision thereof may apply, or remain applicable, to any container of recycled oil, if such law, regulation, rule, or order requires any container of recycled oil, which container bears a label in accordance with the terms of the rules prescribed under subsection (d)(1)(A), to bear any label with respect to the comparative characteristics of such recycled oil with new oil which is not identical to that permitted by the rule respecting labeling standards prescribed under subsection (d)(1)(A)(ii); and
(2) no rule or order of the Commission may require any container of recycled oil to also bear a label containing any term, phrase, or description which connotes less than substantial equivalency of such recycled oil with new oil.
(f) Conformity of acts of Federal officials to Commission rules After the effective date of the rules required to be prescribed under subsection (d)(1)(A), all Federal officials shall act within their authority to carry out the purposes of this section, including—
(1) revising procurement policies to encourage procurement of recycled oil for military and nonmilitary Federal uses whenever such recycled oil is available at prices competitive with new oil procured for the same end use; and
(2) educating persons employed by Federal and State governments and private sectors of the economy of the merits of recycled oil, the need for its use in order to reduce the drain on the Nations oil reserves, and proper disposal of used oil to avoid waste of such oil and to minimize environmental hazards associated with improper disposal.
(Pub. L. 94163, title III, § 383, Dec. 22, 1975, 89 Stat. 940; Pub. L. 100418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
## Notes
Editorial Notes
Amendments1988—Subsec. (c). Pub. L. 100418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards” in two places.
Statutory Notes and Related Subsidiaries
Applicability of Labeling StandardsPub. L. 96463, § 4(c), Oct. 15, 1980, 94 Stat. 2056, provided: “Before the effective date of the labeling standards required to be prescribed under section 383(d)(1)(A) of the Energy Policy and Conservation Act [subsec. (d)(1)(A) of this section], no requirement of any rule or order of the Federal Trade Commission may apply, or remain applicable, to any container of recycled oil (as defined in section 383(b) of such Act [subsec. (b) of this section]) if such requirement provides that the container must bear any label referring to the fact that it has been derived from previously used oil. Nothing in this subsection [this note] shall be construed to affect any labeling requirement applicable to recycled oil under any authority of law to the extent such requirement relates to fitness for intended use or any other performance characteristic of such oil or to any characteristic of such oil other than that referred to in the preceding sentence.”
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# 42 U.S.C. § 6364 - Operation of battery recharging stations in parking areas used by Federal employees
## Text
(1) Authorization (A) In general The Administrator of General Services may install, construct, operate, and maintain on a reimbursable basis a battery recharging station (or allow, on a reimbursable basis, the use of a 120-volt electrical receptacle for battery recharging) in a parking area that is in the custody, control, or administrative jurisdiction of the General Services Administration for the use of only privately owned vehicles of employees of the General Services Administration, tenant Federal agencies, and others who are authorized to park in such area to the extent such use by only privately owned vehicles does not interfere with or impede access to the equipment by Federal fleet vehicles.
(B) Areas under other Federal agencies The Administrator of General Services (on the request of a Federal agency) or the head of a Federal agency may install, construct, operate, and maintain on a reimbursable basis a battery recharging station (or allow, on a reimbursable basis, the use of a 120-volt electrical receptacle for battery recharging) in a parking area that is in the custody, control, or administrative jurisdiction of the requesting Federal agency, to the extent such use by only privately owned vehicles does not interfere with or impede access to the equipment by Federal fleet vehicles.
(C) Use of vendors The Administrator of General Services, with respect to subparagraph (A) or (B), or the head of a Federal agency, with respect to subparagraph (B), may carry out such subparagraph through a contract with a vendor, under such terms and conditions (including terms relating to the allocation between the Federal agency and the vendor of the costs of carrying out the contract) as the Administrator or the head of the Federal agency, as the case may be, and the vendor may agree to.
(2) Imposition of fees to cover costs (A) Fees The Administrator of General Services or the head of the Federal agency under paragraph (1)(B) shall charge fees to the individuals who use the battery recharging station in such amount as is necessary to ensure that the respective agency recovers all of the costs such agency incurs in installing, constructing, operating, and maintaining the station.
(B) Deposit and availability of fees Any fees collected by the Administrator of General Services or the Federal agency, as the case may be, under this paragraph shall be—
(i) deposited monthly in the Treasury to the credit of the respective agencys appropriations account for the operations of the building where the battery recharging station is located; and
(ii) available for obligation without further appropriation during—
(I) the fiscal year collected; and
(II) the fiscal year following the fiscal year collected.
(3) No effect on existing programs for House and Senate Nothing in this subsection affects the installation, construction, operation, or maintenance of battery recharging stations by the Architect of the Capitol—
(A) under section 2171 of title 2, relating to employees of the House of Representatives and individuals authorized to park in any parking area under the jurisdiction of the House of Representatives on the Capitol Grounds; or
(B) under section 2170 of title 2, relating to employees of the Senate and individuals authorized to park in any parking area under the jurisdiction of the Senate on the Capitol Grounds.
(4) No effect on similar authorities Nothing in this subsection—
(A) repeals or limits any existing authorities of a Federal agency to install, construct, operate, or maintain battery recharging stations; or
(B) requires a Federal agency to seek reimbursement for the costs of installing or constructing a battery recharging station—
(i) that has been installed or constructed prior to December 4, 2015;
(ii) that is installed or constructed for Federal fleet vehicles, but that receives incidental use to recharge privately owned vehicles; or
(iii) that is otherwise installed or constructed pursuant to appropriations for that purpose.
(5) Annual report to Congress Not later than 2 years after December 4, 2015, and annually thereafter for 10 years, the Administrator of General Services shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing—
(A) the number of battery recharging stations installed by the Administrator on the Administrators own initiative under this subsection;
(B) requests from other Federal agencies to install battery recharging stations; and
(C) the status and disposition of requests from other Federal agencies.
(6) Federal agency defined In this subsection, the term “Federal agency” has the meaning given the term “Executive agency” in section 105 of title 5 and includes—
(A) the United States Postal Service;
(B) the Executive Office of the President;
(C) the military departments (as defined in section 102 of title 5); and
(D) the judicial branch.
(7) Effective date This subsection shall apply with respect to fiscal year 2016 and each succeeding fiscal year.
(Pub. L. 11494, div. A, title I, § 1413(c), Dec. 4, 2015, 129 Stat. 1418.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Fixing Americas Surface Transportation Act, also known as the FAST Act, and not as part of the Energy Policy and Conservation Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
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# 42 U.S.C. § 6371 - Definitions
## Text
For the purposes of this part—
(1) The term “building” means any structure the construction of which was completed on or before May 1, 1989, which includes a heating or cooling system, or both.
(2) The term “energy conservation measure” means an installation or modification of an installation in a building which is primarily intended to maintain or reduce energy consumption and reduce energy costs or allow the use of an alternative energy source, including, but not limited to—
(A) insulation of the building structure and systems within the building;
(B) storm windows and doors, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications;
(C) automatic energy control systems and load management systems;
(D) equipment required to operate variable steam, hydraulic, and ventilating systems adjusted by automatic energy control systems;
(E) solar space heating or cooling systems, solar electric generating systems, or any combination thereof;
(F) solar water heating systems;
(G) furnace or utility plant and distribution system modifications including—
(i) replacement burners, furnaces, boilers, or any combination thereof, which substantially increases the energy efficiency of the heating system,
(ii) devices for modifying flue openings which will increase the energy efficiency of the heating system,
(iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights, and
(iv) utility plant system conversion measures including conversion of existing oil- and gas-fired boiler installations to alternative energy sources, including coal;
(H) caulking and weatherstripping;
(I) replacement or modification of lighting fixtures which replacement or modification increases the energy efficiency of the lighting system without increasing the overall illumination of a facility (unless such increase in illumination is necessary to conform to any applicable State or local building code or, if no such code applies, the increase is considered appropriate by the Secretary);
(J) energy recovery systems;
(K) cogeneration systems which produce steam or forms of energy such as heat, as well as electricity for use primarily within a building or a complex of buildings owned by a school or hospital and which meet such fuel efficiency requirements as the Secretary may by rule prescribe;
(L) such other measures as the Secretary identifies by rule for purposes of this part; and
(M) such other measures as a grant applicant shows will save a substantial amount of energy and as are identified in an energy audit prescribed pursuant to section 6325(e)(2) of this title.
(3) The term “hospital” means a public or nonprofit institution which is—
(A) a general hospital, tuberculosis hospital, or any other type of hospital, other than a hospital furnishing primarily domiciliary care; and
(B) duly authorized to provide hospital services under the laws of the State in which it is situated.
(4) The term “hospital facilities” means buildings housing a hospital and related facilities, including laboratories, outpatient departments, nurses home and training facilities and central service facilities operated in connection with a hospital, and also includes buildings housing education or training facilities for health professions personnel operated as an integral part of a hospital.
(5) The term “public or nonprofit institution” means an institution owned and operated by—
(A) a State, a political subdivision of a State or an agency or instrumentality of either, or
(B) an organization exempt from income tax under section 501(c)(3) of title 26.
(6) The term “school” means a public or nonprofit institution which—
(A) provides, and is legally authorized to provide, elementary education or secondary education, or both, on a day or residential basis;
(B) (i) provides, and is legally authorized to provide a program of education beyond secondary education, on a day or residential basis;
(ii) admits as students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate;
(iii) is accredited by a nationally recognized accrediting agency or association; and
(iv) provides an educational program for which it awards a bachelors degree or higher degree or provides not less than a two-year program which is acceptable for full credit toward such a degree at any institution which meets the requirements of clauses (i), (ii), and (iii) and which provides such a program;
(C) provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provisions of clauses (i), (ii), and (iii) of subparagraph (B); or
(D) is a local educational agency.
(7) The term “local education agency” means a public board of education or other public authority or a nonprofit institution legally constituted within, or otherwise recognized by, a State for either administrative control or direction of, or to perform administrative services for, a group of schools within a State.
(8) The term “school facilities” means buildings housing classrooms, laboratories, dormitories, administrative facilities, athletic facilities, or related facilities operated in connection with a school.
(9) The term “State” means, in addition to the several States of the Union, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.
(10) The term “State energy agency” means the State agency responsible for developing State energy conservation plans pursuant to section 6322 of this title, or, if no such agency exists, a State agency designated by the Governor of such State to prepare and submit a State plan under section 6371c of this title.
(11) The term “State school facilities agency” means an existing agency which is broadly representative of public institutions of higher education, nonprofit institutions of higher education, public elementary and secondary schools, nonprofit elementary and secondary schools, public vocational education institutions, nonprofit vocational education institutions, and the interests of handicapped persons, in a State or, if no such agency exists, an agency which is designated by the Governor of such State which conforms to the requirements of this paragraph.
(12) The term “State hospital facilities agency” means an existing agency which is broadly representative of the public hospitals and the nonprofit hospitals, or, if no such agency exists, an agency designated by the Governor of such State which conforms to the requirements of this paragraph.
(13) The term “energy audit” means a determination of the energy consumption characteristics of a building which—
(A) identifies the type, size, and rate of energy consumption of such building and the major energy using systems of such building;
(B) determines appropriate energy conservation maintenance and operating procedures; and
(C) indicates the need, if any, for the acquisition and installation of energy conservation measures.
(14) The term “preliminary energy audit” means a determination of the energy consumption characteristics of a building, including the size, type, rate of energy consumption and major energy-using systems of such building.
(15) The term “energy conservation project” means—
(A) an undertaking to acquire and to install one or more energy conservation measures in school or hospital facilities and
(B) technical assistance in connection with any such undertaking and technical assistance as described in paragraph (17)(A).
(16) The term “energy conservation project costs” includes only costs incurred in the design, acquisition, construction, and installation of energy conservation measures and technical assistance costs.
(17) The term “technical assistance” means assistance, under rules promulgated by the Secretary, to States, schools, and hospitals—
(A) to conduct specialized studies identifying and specifying energy savings or energy cost savings that are likely to be realized as a result of (i) modification of maintenance and operating procedures in a building, or (ii) the acquisition and installation of one or more specified energy conservation measures in such building, or (iii) both, and
(B) the planning or administration of specific remodeling, renovation, repair, replacement, or insulation projects related to the installation of energy conservation measures in such building.
(18) The term “technical assistance costs” means costs incurred for the use of existing personnel or the temporary employment of other qualified personnel (or both such types of personnel) necessary for providing technical assistance.
(19) The term “energy conservation maintenance and operating procedure” means modification or modifications in the maintenance and operations of a building, and any installations therein, which are designed to reduce energy consumption in such building and which require no significant expenditure of funds.
(20) The term “Secretary” means the Secretary of Energy or his designee.
(21) The term “Governor” means the chief executive officer of a State or his designee.
(Pub. L. 94163, title III, § 391, as added Pub. L. 95619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3239; amended Pub. L. 98454, title VI, § 601(e), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101440, § 6(b), Oct. 18, 1990, 104 Stat. 1011; Pub. L. 105388, § 5(a)(9), Nov. 13, 1998, 112 Stat. 3478.)
## Notes
Editorial Notes
Amendments1998—Par. (2)(B). Pub. L. 105388 substituted a semicolon for period at end. 1990—Par. (1). Pub. L. 101440, § 6(b)(1), substituted “May 1, 1989” for “April 20, 1977”. Par. (2). Pub. L. 101440, § 6(b)(2), (3), in introductory provision substituted “maintain or reduce energy consumption and reduce energy costs” for “reduce energy consumption” and in subpar. (C) inserted “and load management systems” after “systems”. Par. (8). Pub. L. 101440, § 6(b)(4), inserted “administrative facilities,” after “dormitories,”. Par. (17)(A). Pub. L. 101440, § 6(b)(5), substituted “or energy cost savings” for “and related cost savings”. 1986—Par. (5)(B). Pub. L. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text. 1984—Par. (9). Pub. L. 98454 which directed the amendment of subsec. (a) by inserting reference to the Northern Mariana Islands was executed to par. (9) of this section to reflect the probable intent of Congress, because this section does not contain a subsec. (a).
Statutory Notes and Related Subsidiaries
SeparabilityPub. L. 95619, title III, § 302(c), Nov. 9, 1978, 92 Stat. 3248, provided that: “If any provision of this title [enacting sections 6371 to 6371j and section 6372 to 6372i of this title, amending sections 300k2 and 300n1 of this title, and enacting provisions set out as notes under this section and section 6372 of this title] or the application thereof to any person or circumstances be held invalid, the provisions of other sections of this title and their application to other persons or circumstances shall not be affected thereby.”
Congressional Statement of Findings and PurposesPub. L. 95619, title III, § 301, Nov. 9, 1978, 92 Stat. 3238, provided: “(a) Findings.—The Congress finds that—“(1) the Nations nonrenewable energy resources are being rapidly depleted; “(2) schools and hospitals are major consumers of energy, and have been especially burdened by rising energy prices and fuel shortages; “(3) substantial energy conservation can be achieved in schools and hospitals through the implementation of energy conservation maintenance and operating procedures and the installation of energy conservation measures; and “(4) public and nonprofit schools and hospitals in many instances need financial assistance in order to make the necessary improvements to achieve energy conservation. “(b) Purpose.—It is the purpose of this part [part 1 (§§ 301303) of title III of Pub. L. 95619, enacting sections 6371 to 6371i of this title, amending sections 300k2 and 300n1 of this title, and enacting provisions set out as notes under this section] to authorize grants to States and to public and nonprofit schools and hospitals to assist them in identifying and implementing energy conservation maintenance and operating procedures and in evaluating, acquiring, and installing energy conservation measures to reduce the energy use and anticipated energy costs of schools and hospitals.”
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# 42 U.S.C. § 6371a - Guidelines
## Text
(a) Energy audits The Secretary shall, by rule, not later than 60 days after November 9, 1978—
(1) prescribe guidelines for the conduct of preliminary energy audits, including a description of the type, number, and distribution of preliminary energy audits of school and hospital facilities that will provide a reasonably accurate evaluation of the energy conservation needs of all such facilities in each State, and
(2) prescribe guidelines for the conduct of energy audits.
(b) State plans for implementation of energy conservation projects in schools and hospitals The Secretary shall, by rule, not later than 90 days after November 9, 1978, prescribe guidelines for State plans for the implementation of energy conservation projects in schools and hospitals. The guidelines shall include—
(1) a description of the factors which the State energy agency may consider in determining which energy conservation projects will be given priority in making grants pursuant to this part, including such factors as cost, energy consumption, energy savings, and energy conservation goals,
(2) a description of the suggested criteria to be used in establishing a State program to identify persons qualified to implement energy conservation projects, and
(3) a description of the types of energy conservation measures deemed appropriate for each region of the Nation.
(c) Revisions Guidelines prescribed under this section may be revised from time to time after notice and opportunity for comment.
(d) Determination of severe hardship class for schools and hospitals The Secretary shall, by rule prescribe criteria for determining schools and hospitals which are in a class of severe hardship. Such criteria shall take into account climate, fuel costs, fuel availability, ability to provide the non-Federal share of the costs, and such other factors that he deems appropriate.
(Pub. L. 94163, title III, § 392, as added Pub. L. 95619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3242.)

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