
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-469 Section 102]
[Document affected by Public Law 106-469 Section 1]
[Document affected by Public Law 106-469 Section 101]
[Document affected by Public Law 106-469 Section 701-713]
[CITE: 42USC6201]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
Sec. 6201. Congressional statement of purpose

    The purposes of this chapter are--
        (1) to grant specific standby authority to the President, 
    subject to congressional review, to impose rationing, to reduce 
    demand for energy through the implementation of energy conservation 
    plans, and to fulfill obligations of the United States under the 
    international energy program;
        (2) to provide for the creation of a Strategic Petroleum Reserve 
    capable of reducing the impact of severe energy supply 
    interruptions;
        (3) to increase the supply of fossil fuels in the United States, 
    through price incentives and production requirements;
        (4) to conserve energy supplies through energy conservation 
    programs, and, where necessary, the regulation of certain energy 
    uses;
        (5) to provide for improved energy efficiency of motor vehicles, 
    major appliances, and certain other consumer products;
        (6) to reduce the demand for petroleum products and natural gas 
    through programs designed to provide greater availability and use of 
    this Nation's abundant coal resources;
        (7) to provide a means for verification of energy data to assure 
    the reliability of energy data; and
        (8) to conserve water by improving the water efficiency of 
    certain plumbing products and appliances.

(Pub. L. 94-163, Sec. 2, Dec. 22, 1975, 89 Stat. 874; Pub. L. 102-486, 
title I, Sec. 123(a), Oct. 24, 1992, 106 Stat. 2817.)

                       References in Text

    This chapter, referred to in introductory clause, was in the 
original ``this Act'', meaning Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 
871, as amended, known as the Energy Policy and Conservation Act. For 
complete classification of this Act to the Code, see Short Title note 
set out below and Tables.


                               Amendments

    1992--Par. (8). Pub. L. 102-486 added par. (8).


                      Short Title of 1998 Amendment

    Pub. L. 105-388, Sec. 1, Nov. 13, 1998, 112 Stat. 3477, provided 
that: ``This Act [enacting section 13220 of this title, amending 
sections 2296a, 2296a-2, 2297g-1, 6241, 6291, 6292, 6294, 6295, 6306, 
6316, 6322, 6325, 6371, 6371c, 6371f, 6371i, 6372c, 6372h, 6374, 6383, 
6422, 6802, 6872, 8217, 8231, 8235e, 8259, 8287, 8287c, and 13218 of 
this title and section 3503 of Title 25, Indians, enacting provisions 
set out as notes under section 6241 of this title, and amending and 
repealing provisions set out as notes under section 2071 of Title 50, 
Appendix, War and National Defense] may be cited as the `Energy 
Conservation Reauthorization Act of 1998'.''


                     Short Title of 1994 Amendments

    Pub. L. 103-406, Sec. 1, Oct. 22, 1994, 108 Stat. 4209, provided: 
``That this Act [amending sections 6251 and 6285 of this title and 
enacting provisions set out as a note below] may be cited as the `Energy 
Policy and Conservation Act Amendments Act of 1994'.''
    Pub. L. 103-406, title I, Sec. 101, Oct. 22, 1994, 108 Stat. 4209, 
provided that: ``This title [amending sections 6251 and 6285 of this 
title] may be cited as the `Energy Policy and Conservation Act 
Amendments of 1994'.''


                     Short Title of 1990 Amendments

    Pub. L. 101-440, Sec. 1, Oct. 18, 1990, 104 Stat. 1006, provided 
that: ``This Act [amending sections 6322, 6323, 6324 to 6326, 6371, 
6371e, 6371f, 6861 to 6865, 6871, and 6872 of this title and repealing 
section 6327 of this title] may be cited as the `State Energy Efficiency 
Programs Improvement Act of 1990'.''
    Pub. L. 101-383, Sec. 1, Sept. 15, 1990, 104 Stat. 727, provided 
that: ``This Act [enacting sections 6249 to 6249c of this title, 
amending sections 6202, 6232, 6239 to 6241, 6247, 6251, and 6285 of this 
title, and amending provisions set out as a note under section 2071 of 
Title 50, Appendix, War and National Defense] may be referred to as the 
`Energy Policy and Conservation Act Amendments of 1990'.''
    Pub. L. 101-360, Sec. 1, Aug. 10, 1990, 104 Stat. 421, provided: 
``That this Act [amending sections 6251 and 6285 of this title and 
provisions set out as a note under section 2071 of Title 50, Appendix, 
War and National Defense] may be referred to as the `Energy Policy and 
Conservation Act Short-Term Extension Amendment of 1990'.''
    Pub. L. 101-262, Sec. 1, Mar. 31, 1990, 104 Stat. 124, provided: 
``That this Act [amending sections 6251 and 6285 of this title and 
provisions set out as a note under section 2071 of Title 50, Appendix, 
War and National Defense] may be referred to as the `Energy Policy and 
Conservation Act Extension Amendment of 1990'.''


                     Short Title of 1988 Amendments

    Pub. L. 100-494, Sec. 1, Oct. 14, 1988, 102 Stat. 2441, provided 
that: ``This Act [enacting sections 6374 to 6374d of this title and 
section 2013 of Title 15, Commerce and Trade, amending sections 2001, 
2002, and 2006 of Title 15, and enacting provisions set out as notes 
under section 6374 of this title and sections 2006, 2013, and 2512 of 
Title 15] may be cited as the `Alternative Motor Fuels Act of 1988'.''
    Pub. L. 100-357, Sec. 1, June 28, 1988, 102 Stat. 671, provided 
that: ``This Act [amending sections 6291 to 6295 and 6297 of this title] 
may be referred to as the `National Appliance Energy Conservation 
Amendments of 1988'.''


                      Short Title of 1987 Amendment

    Pub. L. 100-12, Sec. 1, Mar. 17, 1987, 101 Stat. 103, provided that: 
``This Act [amending sections 6291 to 6297, 6299, 6302, 6303, 6305, 
6306, 6308, and 6309 of this title] may be referred to as the `National 
Appliance Energy Conservation Act of 1987'.''


                      Short Title of 1985 Amendment

    Pub. L. 99-58, Sec. 1, July 2, 1985, 99 Stat. 102, provided that: 
``This Act [enacting sections 6251, 6264, 6285, and 7277 of this title, 
amending sections 6239, 6240, 6241, 6247, and 6272 of this title, 
repealing section 6401 of this title, enacting provisions set out as 
notes under section 7277 of this title, and amending provisions set out 
as a note under section 2071 of Title 50, Appendix, War and National 
Defense] may be cited as the `Energy and Conservation Amendments Act of 
1985'.''


                      Short Title of 1984 Amendment

    Pub. L. 98-370, Sec. 1, July 18, 1984, 98 Stat. 1211, provided: 
``That this Act [enacting section 6276 of this title and a provision set 
out as a note under section 627] may be cited as the `Renewable Energy 
Industry Development Act of 1983'.''


                      Short Title of 1982 Amendment

    Pub. L. 97-229, Sec. 1, Aug. 3, 1982, 96 Stat. 248, provided that: 
``This Act [enacting sections 6281, 6282, and 6385 of this title, amons 
6239, 6240, 6247, 6271, and 6272 of this title, and enacting provisions 
set out as notes under sections 6234, 6240, and 6245 of this title] may 
be cited as the `Energy Emergency Preparedness Act of 1982'.''


                      Short Title of 1981 Amendment

    Pub. L. 97-35, title X, Sec. 1031, Aug. 13, 1981, 95 Stat. 618, 
provided that: ``This subtitle [subtitle C (Secs. 1031-1038) of title X 
of Pub. L. 97-35, enacting section 6247 of this title, amending sections 
6240, 6245, and 6246 of this title, and enacting visions set out as 
notes under sections 6231, 6240, and 6247 of this title] may be cited as 
the `Strategic Petroleum Reserve Amendments Act of 1981'.''


                               Short Title

    Section 1 of Pub. L. 94-163 provided in part: ``That this Act 
[enacting this chapter and sections 757 to 760h and 2001 to 2012 of 
Title 15, Commerce and Trade, amending sections 753, 754, 755, 792, 796, 
and 1901 of Title 15 and section 2071 of the Appendix to Title 50, War 
and National Defense, enacting provisions set out as notes under this 
section, sections 753 and 796 of Title 15, and section 2071 of Title 50 
App., and repealing provisions formerly set out as a note under section 
1904 of Title 12, Banks and Banking] may be cited as the `Energy Policy 
and Conservation Act'.''

              Ex. Ord. No. 11912. Delegation of Authorities

    Ex. Ord. No. 11912, April 13, 1976, 41 F.R. 15825, as amended by Ex. 
Ord. No. 12003, July 20, 1977, 42 F.R. 37523; Ex. Ord. No. 12038, Feb. 
3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 4323 
Ex. Ord. No. 12375, Aug. 4, 1982, 47 F.R. 34105; Ex. Ord. No. 12919, 
Sec. 904(a)(7), June 3, 1994, 59 F.R. 29533, provided:
    By virtue of the authority vested in me by the Constitution and the 
statutes of the United States of America, including the Energy Policy 
and Conservation Act (Public Law 94-163, 89 Stat. 8, 42 U.S.C. 6201 et 
seq.), the Motor Vehicle Information and Cost Savings Act, as amended 
(15 U.S.C. 1901 et seq.), the Defense Production Act of 1950, as amended 
(50 U.S.C. App. 2061 et seq.), and section 301 of Title 3 of the United 
States Code, and as President of the United States of America, it is 
hereby ordered as follows:
    Section 1. (a) The Administrator of General Services is designated 
and empowered to perform without approval, ratification, or other action 
by the President, the functions vested in the President by Section 510 
of the Motor Vehicle Information and Cost Savings Act, as amended (89 
Stat. 915, 15 U.S.C. 2010). The Administrator shall exercise that 
authority to ensure that passenger automobiles acquired by all Executive 
agencies in each fiscal year achieve a fleet average fuel economy 
standard that is not less than the average fuel economy standard for 
automobiles manufactured for the model year which includes January 1 of 
each fiscal year.
    (b) The Administrator of General Services shall also promulgate 
rules which will ensure that each class of nonpassenger automobiles 
acquired by all Executive agencies in each fiscal year achieves a fleet 
average fuel economy that is not less than the average fuel economy 
standard for uch class, established pursuant to Section 502(b) of the 
Motor Vehicle Information and Cost Savings Act, as amended (89 Stat. 
903, 15 U.S.C. 2002(b)), for the model year which includes January 1 of 
such fiscal year. Such rules shall not apply to nonpassenger automobiles 
intended for use in combat-related missions for the Armed Forces or 
intended for use in law enforcement work or emergency rescue work. The 
Administrator may provide for granting exceptions for individual 
nonpassenger automobiles or categories of nonpassenger automobiles as he 
determines to be appropriate in terms of energy conservation, economy, 
efficiency, or service.
    (c) In performing these functions, the Administrator of General 
Services shall consult with the Secretary of Transportation and the 
Secretary of Energy.
    Sec. 2. The Secretary of Commerce is designated and empowered to 
perform without approval, ratification, or other action by the 
President, the functions vested in the President by section 103 of the 
Energy Policy and Conservation Act (89 Stat. 877, 42 U.S.C. 6212). In 
performing each of these functions, the Secretary of Commerce shall 
consult with appropriate Executive agencies, as set forth in the 
provisions of section 5(a) of the Export Administration Act of 1969, as 
amended (50 U.S.C. App. 2404(a)).
    Sec. 3. The Administrator of the Office of Federal Procurement 
Policy, in the exercise of his statutory responsibility to provide 
overall direction of procurement policy (41 U.S.C. 405), shall, after 
consultation with the heads of appropriate agencies, including those 
responsible for developing energy conservation and efficiency standards, 
and to the extent he considers appropriate and with due regard to the 
program activities of the Executive agencies, provide policy guidance 
governing the application of energy conservation and efficiency 
standards in the Federal procurement process in accord with section 
381(a)(1) of the Energy Policy and Conservation Act (89 Stat. 939, 42 
U.S.C. 6361(a)(1)).
    Sec. 4. (a) The Secretary of Energy, in consultation with the heads 
of appropriate agencies, is hereby authorized and directed to develop 
for the President's consideration, in accord with section 201 of the 
Energy Policy and Conservation Act (89 Stat. 890, 42 U.S.C. 6261), the 
energy conservation and rationing contingency plans prescribed under 
sections 202 and 203 of the Energy Policy and Conservation Act (89 Stat. 
892, 42 U.S.C. 6262 and 6263).
    (b) The Secretary of Energy shall prepare, with the assistance of 
the heads of appropriate agencies, for the President's consideration, 
the annual reports provided by section 381(c) of the Energy Policy and 
Conservation Act (89 Stat. 939, 42 U.S.C. 6361(c)).
    Sec. 5. The Secretary of State is hereby delegated the authority 
vested in the President by Section 252(c)(1)(A)(iii) of the Energy 
Policy and Conservation Act (89 Stat. 895, 42 U.S.C. 
6272(c)(1)(A)(iii)).
    Sec. 6. The Secretary of Energy is designated and empowered to 
perform without approval, ratification, or other action by the 
President, the functions vested in the President by:
    (a) Section 251 of the Energy Policy and Conservation Act (89 Stat. 
894, 42 U.S.C. 6271), except the making of the findings provided by 
subparagraph (b)(1)(B) thereof; however, in performing these functions, 
the Secretary shall consult with the Secretary of Commerce with respect 
to the international allocation of petroleum products which are within 
the territorial jurisdiction of the United States; and provided that the 
Secretary of Commerce shall promulgate rules, pursuant to the procedures 
established by the Export Administration Act of 1969, as amended [50 
App. U.S.C. former 2401 et seq.], to authorize the export of petroleum 
and petroleum products, as may be necessary for implementation of the 
obligations of the United States under the International Energy Program, 
and in accordance with the rules promulgated under Section 251 of the 
Energy Policy and Conservation Act by the Secretary pursuant to this 
subsection.
    (b) Section 253(c) of the Energy Policy and Conservation Act (89 
Stat. 898, 42 U.S.C. 6273);
    (c) Section 254(a) of the Energy Policy and Conservation Act (89 
Stat. 899, 42 U.S.C. 6274(a)), including the receipt of petitions under 
section 254(a)(3)(B); provided that, the authority under section 254(a) 
may be exercised only after consultation with the Secretary of State;
    (d) Section 254(b) of the Energy Policy and Conservation Act (89 
Stat. 900, 42 U.S.C. 6274(b)); provided that, in determining whether the 
transmittal of data would prejudice competition or violate the antitrust 
laws, the Secretary shall consult with the Attorney General, and in 
determining whether the transmittal of data would be inconsistent with 
national security interests, he shall consult with the Secretaries of 
State and Defense, and the heads of such other agencies as he deems 
appropriate;
    (e) Section 523(a)(2)(A) of the Energy Policy and Conservation Act 
(89 Stat. 962, 42 U.S.C. 6393(a)(2)(A)), but only to the extent 
applicable to other functions delegated or assigned by this Order to the 
Secretary of Energy.
    [Secs. 7 and 8. Revoked by Ex. Ord. No. 12919, Sec. 904(a)(7), June 
3, 1994, 59 F.R. 29533.]
    Sec. 9. All orders, regulations, circulars or other directives 
issued and all other action taken prior to the date of this order that 
would be valid under the authority delegated by this Order, are hereby 
confirmed and ratified and shall be deemed to have been issued under 
this order.
    Sec. 10. (a)(1) The Secretary of Energy, hereinafter referred to as 
the Secretary, shall develop, with the concurrence of the Director of 
the Office of Management and Budget, and in consultation with the 
Secretary of Defense, the Secretary of Housing and Urban Development, 
the Administrator of Veterans' Affairs, the Administrator of General 
Services, and the heads of such other Executive agencies as he deems 
appropriate, the ten-year plan for energy conservation with respect to 
Government buildings, as provided by section 381(a)(2) of the Energy 
Policy and Conservation Act (42 U.S.C. 6361(a)(2)).
    (2) The goals established in subsection (b) shall apply to the 
following categories of Federally-owned buildings: (i) office buildings, 
(ii) hospitals, (iii) schools, (iv) prison facilities, (v) multi-family 
dwellings, (vi) storage facilities, and (vii) such other categories of 
buildings for which the Administrator determines the establishment of 
energy-efficiency performance goals is feasible.
    (b) The Secretary shall establish requirements and procedures, which 
shall be observed by each agency unless a waiver is granted by the 
Secretary, designed to ensure that each agency to the maximum extent 
practicable aims to achieve the following goals:
    (1) For the total of all Federally-owned existing buildings the goal 
shall be a reduction of 20 percent in the average annual energy use per 
gross square foot of floor area in 1985 from the average energy use per 
gross square foot of floor area in 1975. This goal shall apply to all 
buildings for which construction was or design specifications were 
completed prior to the date of promulgation of the guidelines pursuant 
to subsection (d) of this Section.
    (2) For the total of all Federally-owned new buildings the goal 
shall be a reduction of 45 percent in the average annual energy 
requirement per gross square foot of floor area in 1985 from the average 
annual energy use per gross square foot of floor area in 1975. This goal 
shall apply to all new buildings for which design specifications are 
completed after the date of promulgation of the guidelines pursuant to 
subsection (d) of this Section.
    (c) The Secretary with the concurrence of the Director of the Office 
of Management and Budget, in consultation with the heads of the 
Executive agencies specified in subsection (a) and the Director of the 
National Bureau of Standards, shall establish, for purposes of 
developing the ten-year plan, a practical and effective method for 
estimating and comparing life cycle capital and operating costs for 
Federal buildings, including residential, commercial, and industrial 
type categories. Such method shall be consistent with the Office of 
Management and Budget Circular No. A-94, and shall be adopted and used 
by all agencies in developing their plans pursuant to subsection (e), 
annual reports pursuant to subsection (g), and budget estimates pursuant 
to subsection (h). For purposes of this paragraph, the term ``life cycle 
cost'' means the total costs of owning, operating, and maintaining a 
building over its economic life, including its fuel and energy costs, 
determined on the basis of a systematic evaluation and comparison of 
alternative building systems. [References to National Bureau of 
Standards deemed to refer to National Institute of Standards and 
Technology pursuant to section 5115(c) of Pub. L. 100-418, set out as a 
Change of Name note under 15 U.S.C. 271.]
    (d) Not later than November 1, 1977, the Secretary, with the 
concurrence of the Director of the Office of Management and Budget, and 
after consultation with the Administrator of General Services and the 
heads of the Executive agencies specified in subsection (a) shall issue 
guidelines for the plans to be submitted pursuant to subsection (e).
    (e)(1) The head of each Executive agency that maintains any existing 
building or will maintain any new building shall submit no later than 
six months after the issuance of guidelines pursuant to subsection (d), 
to the Secretary a ten-year plan designed to the maximum extent 
practicable to meet the goals in subsection (b) for the total of 
existing or new Federal buildings. Such ten-year plans shall only 
consider improvements that are cost-effective consistent with the 
criteria established by the Director of the Office of Management and 
Budget (OMB Circular A-94) and the method established pursuant to 
subsection (c) of this Section. The plan submitted shall specify 
appropriate energy-saving initiatives and shall estimate the expected 
improvements by fiscal year in terms of specific accomplishments--energy 
savings and cost savings--together with the estimated costs of achieving 
the savings.
    (2) The plans submitted shall, to the maximum extent practicable, 
include the results of preliminary energy audits of all existing 
buildings with over 30,000 gross square feet of space owned and 
maintained by Executive agencies. Further, the second annual report 
submitted under subsection (g)(2) of this Section shall, to the maximum 
extent practicable, include the results of preliminary energy audits of 
all existing buildings with more than 5,000 but not more than 30,000 
gross square feet of space. The purpose of such preliminary energy 
audits shall be to identify the type, size, energy use level and major 
energy using systems of existing Federal buildings.
    (3) The Secretary shall evaluate agency plans relative to the 
guidelines established pursuant to subsection (d) for such plans and 
relative to the cost estimating method established pursuant to 
subsection (c). Plans determined to be deficient by the Secretary will 
be returned to the submitting agency head for revision and resubmission 
within 60 days.
    (4) The head of any Executive agency submitting a plan, should he 
disagree with the Secretary's determination with respect to that plan, 
may appeal to the Director of the Office of Management and Budget for 
resolution of the disagreement.
    (f) The head of each agency submitting a plan or revised plan 
determined not deficient by the Secretary or, on appeal, by the Director 
of the Office of Management and Budget, shall implement the plan in 
accord with approved budget estimates.
    (g)(1) Each Executive agency shall submit to the Secretary an 
overall plan for conserving fuel and energy in all operations of the 
agency. This overall plan shall be in addition to and include any ten-
year plan for energy conservation in Government buildings submitted in 
accord with Subsection (e).
    (2) By July 1 of each year, each Executive agency shall submit a 
report to the Secretary on progress made toward achieving the goals 
established in the overall plan required by paragraph (1) of this 
subsection. The annual report shall include quantitative measures and 
accomplishment with respect to energy saving actions taken, the cost of 
these actions, the energy saved, the costs saved, and other benefits 
realized.
    (3) The Secretary shall prepare a consolidated annual report on 
Federal government progress toward achieving the goals, including 
aggregate quantitative measures of accomplishment as well as suggested 
revisions to the ten-year plan, and submit the report to the President 
by August 15 of each year.
    (h) Each agency required to submit a plan shall submit to the 
Director of the Office of Management and Budget with the agency's annual 
budget submission, and in accordance with procedures and requirements 
that the Director shall establish, estimates for implementation of the 
agency's plan. The Director of the Office of Management and Budget shall 
consult with the Secretary about the agency budget estimates.
    (i) Each agency shall program its proposed energy conservation 
improvements of buildings so as to give the highest priority to the most 
cost-effective projects.
    (j) No agency of the Federal government may enter into a lease or a 
commitment to lease a building the construction of which has not 
commenced by the effective date of this Order unless the building will 
likely meet or exceed the general goal set forth in subsection (b)(2).
    (k) The provisions of this Section do not apply to housing units 
repossessed by the Federal Government.

                        Executive Order No. 12759

    Ex. Ord. No. 12759, Apr. 17, 1991, 56 F.R. 16257, as amended by Ex. 
Ord. No. 12902, Sec. 701, Mar. 8, 1994, 59 F.R. 11471, which provided 
for minimization of petroleum use in Federal facilities, vehicle fuel 
efficiency outreach programs, and Federal vehicle fuel efficiency, was 
revoked by Ex. Ord. No. 13123, Sec. 604, June 3, 1999, 64 F.R. 30859, 
set out as a note under section 8251 of this title.

                        Executive Order No. 12902

    Ex. Ord. No. 12902, Mar. 8, 1994, 59 F.R. 11463, which directed 
executive agencies to implement programs to reduce energy consumption, 
increase energy efficiency, and conserve water, was revoked by Ex. Ord. 
No. 13123, Sec. 604, June 3, 1999, 64 F.R. 30859, set out as a note 
under section 8251 of this title.


                            Cross References

    Emergency energy conservation, see section 8501 et seq. of this 
title.
    Energy conservation for existing buildings, see section 6851 et seq. 
of this title.
    Energy conservation standards for new buildings, see section 6831 et 
seq. of this title.
    Federal buildings, energy conservation, see sections 8241 et seq. 
and 8251 et seq. of this title.
    Photovoltaic solar electric systems, Federal utilization, see 
section 8271 et seq. of this title.
    Powerplant and industrial fuel use, see section 8301 et seq. of this 
title.
    Residential energy conservation, see section 8211 et seq. of this 
title.
    Solar energy heating, cooling, research, development, and 
demonstration, see section 5501 et seq. of this title.
