
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8232]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 91--NATIONAL ENERGY CONSERVATION POLICY
 
             SUBCHAPTER II--RESIDENTIAL ENERGY CONSERVATION
 
                          Part B--Miscellaneous
 
Sec. 8232. Residential energy efficiency standards study


(a) General authority

    The Secretary of Housing and Urban Development (hereinafter in this 
section referred to as the ``Secretary'') shall, in coordination with 
the Secretary of Agriculture, the Secretary of the Treasury, the 
Secretary of Veterans Affairs, the Secretary of Energy, and such other 
representatives of Federal, State, and local governments as the 
Secretary shall designate, conduct a study, utilizing the services of 
the National Institute of Building Sciences pursuant to appropriate 
contractual arrangements, for the purpose of determining the need for, 
the feasibility of, and the problems of requiring, by mandatory Federal 
action, that all residential dwelling units meet applicable energy 
efficient standards. The subjects to be examined shall include, but not 
be limited to, mandatory notification to purchasers, and policies to 
prohibit exchange or sale, of properties which do not conform to such 
standards.

(b) Specific factors

    In conducting such study, the Secretary shall consider at least the 
following factors--
        (1) the extent to which such requirement would protect a 
    prospective purchaser from the uncertainty of not knowing the energy 
    efficiency of the property he proposes to purchase;
        (2) the extent to which such requirement would contribute to the 
    Nation's energy conservation goals;
        (3) the extent to which such a requirement would affect the real 
    estate, home building, and mortgage banking industries;
        (4) the sanctions which might be necessary to make such a 
    requirement effective and the administrative impediments there might 
    be to enforcement of such sanctions;
        (5) the possible impact on sellers and purchasers as a result of 
    the implementation of mandatory Federal actions, taking into account 
    the experience of the Federal Government in imposing mandatory 
    requirements concerning the purchase and sale of real property as 
    occurred under the Real Estate Settlement Procedures Act of 1974 [12 
    U.S.C. 2601 et seq.] and the Federal Disaster Protection Act of 
    1973;
        (6) an analysis of the effect of such a requirement on the 
    economy as a whole and on the Nation's security as compared to the 
    impact on the credit and housing markets caused by such a 
    requirement;
        (7) the effect of such a requirement on availability of credit 
    in the housing industry;
        (8) the extent to which the imposition of mandatory Federal 
    requirements would temporarily reduce the number of residential 
    dwellings available for sale and the resulting effect of such 
    mandatory actions on the price of those remaining dwelling units 
    eligible for sale; and
        (9) the possible uncertainty, during the period of developing 
    the standards, as to what standards might be imposed and any 
    resulting effect on major housing rehabilitation efforts and 
    voluntary efforts for energy conservation.

(c) Comments and findings by Secretary of Energy

    The Secretary shall incorporate into such study comments by the 
Secretary of Energy on the effects on the economy as a whole and on the 
Nation's security which may result from the requirement described in 
subsection (a) of this section as compared to the impact on the credit 
and housing markets likely to be caused by such a requirement. In 
addition, the Secretary shall incorporate into such study the following 
findings by the Secretary of Energy:
        (1) the savings in energy costs resulting from the requirement 
    described in subsection (a) of this section throughout the estimated 
    remaining useful life of the existing residential buildings to which 
    such requirement would apply; and
        (2) the total cost per barrel of oil equivalent, in obtaining 
    the energy savings likely to result from such requirement, computed 
    for each class of existing residential buildings to which such 
    requirement would apply.

(d) Report date

    The Secretary shall report, no later than one year after November 9, 
1978, to both Houses of the Congress with regard to the findings made as 
a result of such study along with any recommendations for legislative 
proposals which the Secretary determines should be enacted with respect 
to the subject of such study.

(Pub. L. 95-619, title II, Sec. 253, Nov. 9, 1978, 92 Stat. 3236; Pub. 
L. 102-54, Sec. 13(q)(12), June 13, 1991, 105 Stat. 281.)

                       References in Text

    The Real Estate Settlement Procedures Act of 1974, referred to in 
subsec. (b)(5), is Pub. L. 93-533, Dec. 22, 1974, 88 Stat. 1724, as 
amended, which is classified principally to chapter 27 (Sec. 2601 et 
seq.) of Title 12, Banks and Banking. For complete classification of 
this Act to the Code, see Short Title note set out under section 2601 of 
Title 12 and Tables.
    The Federal Disaster Protection Act of 1973, referred to in subsec. 
(b)(5), probably means the Flood Disaster Protection Act of 1973, Pub. 
L. 93-234, Dec. 31, 1973, 87 Stat. 975, as amended, which enacted 
sections 4002, 4003, 4012a, 4104 to 4107, and 4128 of this title, 
amended sections 4001, 4013 to 4016, 4026, 4054, 4056, 4101, and 4121 of 
this title and sections 24 and 1709-1 of Title 12, repealed section 4021 
of this title, and enacted a provision set out as a note under section 
4001 of this title. For complete classification of this Act to the Code, 
see Short Title of 1973 Amendment note set out under section 4001 of 
this title and Tables.


                               Amendments

    1991--Subsec. (a). Pub. L. 102-54 substituted ``Secretary of 
Veterans Affairs'' for ``Administrator of Veterans' Affairs''.
