
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6372]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
  Part F--Energy Conservation Program for Buildings Owned by Units of 
              Local Government and Public Care Institutions
 
Sec. 6372. Definitions

    For purposes of this part--
        (1) The terms ``hospital'', ``State'', ``school'', ``Governor'', 
    ``State energy agency'', ``energy conservation measure'', ``energy 
    conservation maintenance and operating procedure'', ``preliminary 
    energy audit'', ``technical assistance costs'', ``energy audit'' and 
    ``Secretary'' have the meanings provided in section 6371 of this 
    title.
        (2) The term ``unit of local government'' means the government 
    of a county, municipality, or township, which is a unit of general 
    purpose government below the State (determined on the basis of the 
    same principles as are used by the Bureau of the Census for general 
    statistical purposes) and the District of Columbia. Such term also 
    means the recognized governing body of an Indian tribe (as defined 
    in section 6862 of this title) which governing body performs 
    substantial governmental functions.
        (3) The term ``building'' has the meaning provided in section 
    6371 of this title except that for purposes of this part such term 
    includes only buildings which are owned and primarily occupied by 
    offices or agencies of a unit of local government or by a public 
    care institution and does not include any building intended for 
    seasonal use or any building utilized primarily by a school or 
    hospital.
        (4) The term ``public care institution'' means a public or 
    nonprofit institution which owns--
            (A) a facility for long term care, a rehabilitation 
        facility, or a public health center, as described in section 
        300s-3 of this title, or
            (B) a residential child care center.

        (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) or 501(c)(4) of title 26.

        (6) The term ``technical assistance program costs'' means the 
    costs of carrying out a technical assistance program.
        (7) The term ``technical assistance'' means assistance under 
    rules, promulgated by the Secretary, to States, units of local 
    government and public care institutions--
            (A) to conduct specialized studies identifying and 
        specifying energy savings and related cost savings that are 
        likely to be realized as a result of (i) modification or 
        maintenance and operating procedures in a building, (ii) the 
        acquisition and installation of one or more specified energy 
        conservation measures in such building or (iii) both, or
            (B) the planning or administration of such specialized 
        studies.

(Pub. L. 94-163, title III, Sec. 400A, as added Pub. L. 95-619, title 
III, Sec. 311(a), Nov. 9, 1978, 92 Stat. 3248; amended Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)


                               Amendments

    1986--Par. (5)(B). Pub. L. 99-514 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.


                              Separability

    For separability of provisions of title III of Pub. L. 95-619, see 
section 302(c) of Pub. L. 95-619, set out as a note under section 6371 
of this title.


            Congressional Statement of Findings and Purposes

    Section 310 of part 2 of title III of Pub. L. 95-619 provided that:
    ``(a) Findings.--The Congress finds that--
        ``(1) the Nation's nonrenewable energy resources are being 
    rapidly depleted;
        ``(2) buildings owned by units of local government and public 
    care institutions are major consumers of energy, and such units and 
    institutions have been especially burdened by rising energy prices 
    and fuel shortages;
        ``(3) substantial energy conservation can be achieved in 
    buildings owned by units of local government and public care 
    institutions through the implementation of energy conservation 
    maintenance and operating procedures; and
        ``(4) units of local government and public care institutions in 
    many instances need financial assistance in order to conduct energy 
    audits and to identify energy conservation maintenance and operating 
    procedures and to evaluate the potential benefits of acquiring and 
    installing energy conservation measures.
    ``(b) Purpose.--It is the purpose of this part [enacting sections 
6371j and 6372 to 6372i of this title] to authorize grants to States and 
units of local government and public care institutions to assist them in 
conducting preliminary energy audits and energy audits in identifying 
and implementing energy conservation maintenance and operating 
procedures and in evaluating energy conservation measures to reduce the 
energy use and anticipated energy costs of buildings owned by units of 
local government and public care institutions.''


                     Application of Davis-Bacon Act

    For application of the Davis-Bacon Act to grants made by the 
Secretary under this part, see section 6371j of this title.
