
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: 42USC8511]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 93--EMERGENCY ENERGY CONSERVATION
 
           SUBCHAPTER I--EMERGENCY ENERGY CONSERVATION PROGRAM
 
Sec. 8511. National and State emergency conservation targets


(a) Determination and publication of targets

    (1) Whenever the President finds, with respect to any energy source 
for which the President determines a severe energy supply interruption 
exists or is imminent or that actions to restrain domestic energy demand 
are required in order to fulfill the obligations of the United States 
under the international energy program, the President, in furtherance of 
the purposes of this chapter, may establish monthly emergency 
conservation targets for any such energy source for the Nation generally 
and for each State.
    (2) Any finding of the President under paragraph (1) shall be 
promptly transmitted to the Congress, accompanied by such information 
and analysis as is necessary to provide the basis for such finding, and 
shall be disseminated to the public.
    (3)(A) The State conservation target for any energy source shall be 
equal to (i) the State base period consumption reduced by (ii) a uniform 
national percentage.
    (B) For the purposes of this subsection, the term ``State base 
period consumption'' means, for any month, the product of the following 
factors, as determined by the President:
        (i) the consumption of the energy source for which a target is 
    established during the corresponding month in the 12-month period 
    prior to the first month for which the target is established; and
        (ii) a growth adjustment factor, which shall be determined on 
    the basis of the trends in the use in that State of such energy 
    source during the 36-month period prior to the first month for which 
    the target is established.

    (C)(i) The President shall adjust, to the extent he determines 
necessary, any State base period consumption to insure that achievement 
of a target established for that State under this subsection will not 
impair the attainment of the objectives of section 753(b)(1) \1\ of 
title 15.
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    \1\ See References in Text note below.
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    (ii) The President may, to the extent he determines appropriate, 
further adjust any State base period consumption to reflect--
        (I) reduction in energy consumption already achieved by energy 
    conservation programs;
        (II) energy shortages which may affect energy consumption; and
        (III) variations in weather from seasonal norms.

    (D) For purposes of this subsection, the uniform national percentage 
shall be designed by the President to minimize the impact on the 
domestic economy of the projected shortage in the energy source for 
which a target is established by saving an amount of such energy source 
equivalent to the projected shortage, taking into consideration such 
other factors related to that shortage as the President considers 
appropriate.

(b) Notification and publication of targets

    The President shall notify the Governor of each State of each target 
established under subsection (a) of this section for that State, and 
shall publish in the Federal Register, the targets, the base period 
consumption for each State and other data on which the targets are 
based, and the factors considered under subsection (a)(3) of this 
section.

(c) Establishment of targets for Federal agencies

    In connection with the establishment of any national target under 
subsection (a) of this section the President shall make effective an 
emergency energy conservation plan for the Federal Government, which 
plan shall be designed to achieve an equal or greater reduction in use 
of the energy source for which a target is established than the national 
percentage referred to in subsection (a)(3)(D) of this section. Such 
plan shall contain measures which the President will implement, in 
accordance with other applicable provisions of law, to reduce on an 
emergency basis the use of energy by the Federal Government. In 
developing such plan the President shall consider the potential for 
emergency reductions in energy use--
        (1) by buildings, facilities, and equipment owned, leased, or 
    under contract by the Federal Government; and
        (2) by Federal employees and officials through increased use of 
    car and van pooling, preferential parking for multipassenger 
    vehicles, and greater use of mass transit.

(d) Review of targets

    (1) From time to time, the President shall review and, consistent 
with subsection (a) of this section, modify to the extent the President 
considers appropriate the national and State energy conservation targets 
established under this subsection.
    (2) Any modification under this paragraph shall be accompanied by 
such information and analysis as is necessary to provide the basis 
therefor and shall be available to the Congress and the public.
    (3)(A) Before the end of the 12th month following the establishment 
of any conservation target under this section, and annually thereafter 
while such target is in effect, the President shall determine, for the 
energy source for which that target was established, whether a severe 
energy supply interruption exists or is imminent or that actions to 
restrain domestic energy demand are required in order to fulfill the 
obligations of the United States under the international energy program. 
The President shall transmit to the Congress and make public the 
information and other data on which any determination under this 
subparagraph is based.
    (B) If the President determines such an energy supply interruption 
does not exist or is not imminent or such actions are not required, the 
conservation targets established under this section with respect to such 
energy source shall cease to be effective.

(e) Determination and publication of actual consumption nationally and 
        State-by-State

    Each month the Secretary shall determine and publish in the Federal 
Register (1) the level of consumption for the most recent month for 
which the President determines accurate data is available, nationally 
and for each State, of any energy source for which a target under 
subsection (a) of this section is in effect, and (2) whether the targets 
under subsection (a) of this section have been substantially met or are 
likely to be met.

(f) Presidential authority not to be delegated

    Notwithstanding any other provision of law, the authority vested in 
the President under this section may not be delegated.

(Pub. L. 96-102, title II, Sec. 211, Nov. 5, 1979, 93 Stat. 758.)

                       References in Text

    Section 753 of title 15, referred to in subsec. (a)(3)(C)(i), was 
omitted from the Code pursuant to section 760g of Title 15, Commerce and 
Trade, which provided for the expiration of the President's authority 
under that section on Sept. 30, 1981.


                            Cross References

    State energy conservation plans, see section 6321 et seq. of this 
title.
    State energy conservation goals, see section 6324 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 8512, 8513, 8514, 8541 of 
this title.
