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Page:United States Statutes at Large Volume 90 Part 1.djvu/1171

 PUBLIC LAW 94-382—AUG. 12, 1976

90 STAT. 1121

Public Law 94-382 94th Congress An Act To designate the Federal oflSce building located in Manchester, New Hampshire, as the "Norris Cotton Building".

_2HS:—_!—Z_E_ [S. 3589]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Norris Cotton office building in Manchester, New Hampshire, is designated as the Building, N.H. •'Xorris Cotton Building", in honor of Senator Norris Cotton. Designation. SEC. 2. Any reference to such building in any law, rule, document, map, or other record of the United States is deemed to be a reference to such building by the name designated for such building by the first section of this Act. Approved August 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1332 accompanying H.R. 14545 (Coram, on Public Works and Transportation). SENATE REPORT No. 94-984 (Coram, on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): June 25, considered and passed Senate. Aug. 2, considered and passed House, in lieu of H.R. 14545.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1172

 90 STAT. 1122

PUBLIC LAW 94-383—AUG. 12, 1976

Public Law 94-383 94th Congress An Act Aug. 12, i97o [H.R. 5360]

rp^ increase benefits provided to American civilian internees in Southeast Asia.

J,, .. Be it enacted by the Senate and House of Representatives of the American civihan ^ ^ t u ^ w'''^^'^/ 4 ^ ^ ^ « in Congress assembled That section 5(i)(3) internees. °^ ^^® ^ ^ ^ Claims Act of 1948 (50 App. U.S.C. 2004(i)(3)) is Benefits, amended by striking out "$60" and inserting in lieu thereof "$150". increase.

Approved August 12, 1976.

dT(^i

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-484 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-820 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 6, considered and passed House. Vol. 122 (1976): July 30, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1173

 PUBLIC LAW 94-384—AUG. 13, 1976

90 STAT. 1123

Public Law 94-384 94th Congress An Act To make additional funds available for purposes of certain public lands in northern Minnesota, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 of the Act of June 22, 1948 (62 Stat. 568, as amended; 16 U.S.C. 577h), is amended to read as follows: "SEC. 6. (a) There are authorized to be appropriated annually such sums as are necessary to implement this Act: Provided, That the total appropriations under the authority of this Act shall not exceed $9,000,000 for the purchase and condemnation of lands, water, or interests therein, and that funds made available through the provisions of the Land and Water Conservation Fund Act (78 Stat. 897), as amended, may also be used for such acquisitions: Provided further, That such appropriations may be used for the payment of court judgments in condemnation actions brought under authority of this Act without regard to the date such actions were initially instituted. "(b) Not later than JNIarch 1 of each year 1977 through 1980, the Secretary of Agriculture shall submit to the Congress a report concerning the acquisition of lands or interests in lands under this Act. The final report of the Secretary shall specify whether additional authorizations or appropriations are necessary to carry out the purposes of this Act.". Approved August 13, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1171 accompanying H.R. 10546 (Coram, on Agriculture). SENATE REPORTS: No. 94-681 (Coram, on Agriculture and Forestry) and No. 94-759 (Corara. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 27, considered and passed Senate. Aug. 2, considered and passed House, in lieu of H.R. 10546.

Aug. 13, 1976 [S. 1526]

Boundary Waters Canoe Area, Minn., land acquisition. Appropriation authorization.

16 USC 460Z-4 note.

Report to Congress.

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Page:Hockey, Canada's Royal Winter Game.djvu/65

 The prettiest spectacle afforded by a good hockey match, is the rush down the ice, four abreast, of the forwards. This play to a man of sporting instincts, verges on the beautiful.

When four men in a line, racing at lightning speed, approach the defence of their opponents, it is then that the goal-keeper of the attacked party sees danger signals floating in the air, because the assistance he will receive from his defence men, is, on these occasions, problematical. If they crowd in upon him, his view of the play is abstructed; if the cover rushes out he may not use the bodycheck, because he does not know which man will have the puck, and therefore cannot afford to waste time and energy on one who has already passed the rubber, or who will do so, and the point man must necessarily keep his position unless some fumbling occurs. But should the forward line advance four abreast? This is a serious question.

When such a rush is being made, one slip, one fumble, a fraction of a second lost, will throw at least three of the forwards off-side, out of play. It is a good deal safer and more satisfactory for one man, say the rover, to follow the three other forwards, slightly in the rear, so that if such a slip, such a fumble occurs, he will be close on hand to recover the puck, and quickly place his men in play.


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Page:United States Statutes at Large Volume 90 Part 1.djvu/1175

 PUBLIC LAW 94-385—AUG. 14, 1976

90 STAT. 1125

Public Law 94-385 94th Congress An Act To amend the Federal Energy Administration Act of 1974 to extend the duration of authorities under such Act; to provide an incentive for domestic production; to provide for electric utility rate design initiatives; to provide for energy conservation standards for new buildings; to provide for energy conservation assistance for existing buildings and industrial plants; and for other purposes.

Aug. 14, 1976 [H.R. 12169]

Be it eifmcted &y t^^ Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Energy cited as the "Energy Conservation and Production Act". Conservation and Production Act.

CONTENTS

^2 USC 6801 note.

TITLE I—FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS AND RELATED MATTERS PART A—FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS

Sec. 101. Short title. Sec. 102. Limitation on discretion of Administrator with respect to energy actions. Sec. 103. Environmental Protection Agency comment period and notice of waiver. Sec. 104. Guidelines for hardship and inequity and hearing at appeals. Sec. 105. Requirements for hearing in the geographic area affected by rules and regulations of the Administrator. Sec. 106. Limitation on the Administrator's authority with respect to enforcement of rules and regulations. Sec. 107. Maintaining accounts or records for compliance purposes; and alleviation of small business reporting burdens. Sec. 108. Penalties for failure to file information. Sec. 109. Reports. Sec. 110. Authorizations of appropriations. Sec. 111. Collection of information concerning exports of coal or petroleum products. Sec. 112. Federal Energy Administration Act extension. Sec. 113. Project Independence evaluation system documentation and access.

•< ^

PART B—PRODUCTION ENHANCEMENT AND OTHER RELATED MATTERS

Sec. Sec. Sec. Sec.

121. 122. 123. 124.

Exemption of stripper well production. Enhancement of domestic production. Construction of refineries by small and independent refiners. Effective date of EPAA amendments. PART C — OFFICE OF ENERGY INS'ORMATION AND ANALYSIS

Sec. 141. Findings and purpose. Sec. 142. Office of Energy Information and Analysis. "PART B — OFFICE OF ENERGY INFORMATION AND ANALYSIS

"Sec. 51. Establishment of OflBce of Energy Information and Analysis. "Sec. 52. National Energy Information System. "Sec. 53. Administrative provisions. "Sec. 54. Analytical capability. "Sec. 55. Professional audit review of performance of OflSce. "Sec. 56. Coordination of energy information activities. "Sec. 57. Reports. "Sec. 58. Energy information in possession of other Federal agencies. "Sec. 59. Congressional access to information in possession of the OflSce. Sec. 143. Effective date.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1176

 90 STAT. 1126

PUBLIC LAW 94-385—AUG. 14, 1976 CONTENTS—Continued

- -I

PART D—AMENDMENTS TO OTHER ENERGY-RELATED LAW

Sec. Sec. Sec. Sec. '^;

Appliance program. Energy Resources Council reports. Extension of Energy Resources Council. Development of underground coal mines.

'

• oT

TITLE II—ELECTRIC U T I L I T I E S RATE DESIGN INITIATIVES Sec. Sec. Sec. See.

j^

161. 162. 163. 164. 201. 202. 203. 204.

Findings. ,,,,,-„... .,., ^. Definitions. ' ' - ' • ' ' ' Electric utility rate design proposals. Rate design innovation and Federal Energy Administration intervention. Sec. 205. Grants for offices of consumer services. Sec. 206. Reports. Sec. 207. Authorizations of appropriations. TITLE III—ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS Sec. 301. Short title. Sec. 302. Findings and purposes. Sec. 303. Definitions. . 'v;...M. '.. i,..'Sec. 304. Promulgation of energy conservation performance standards for new buildings. Sec. 305. Application of energy conservation standards for new buildings. Sec. 306. Federal buildings. Sec. 307. Grants. Sec. 308. Technical assistance. Sec. 309. Consultation with interested and affected groups. Sec. 310. Support activities. Sec. 311. Monitoring of State and local adoption of energy conservation standards for buildings. TITLE IV—ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE FOR EXISTING BUILDINGS Sec. 401. Short title. Sec. 402. Findings and purpose. PART A—WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

411. 412. 413. 414. 415. 416. 417. 418. 419. 420. 421. 422.

Findings and purpose. Definitions. i/-. -. ••;';>><•-;•!. Kca-o;n'pt'i- H via'" Weatherization program. Financial assistance. Limitations. Monitoring, technical assistance, and evaluation. Administrative provisions. Approval of applications and administration of State programs. Judicial review. Nondiscrimination. Annual report. ., Authorization of appropriations. PART B — S T A T E ENERGY CONSERVATION PLANS

Sec. 431. Definitions. Sec. 432. Supplemental State energy conservation plans. PART C—NATIONAL ENERGY CONSERVATION AND RENEWABLE-RESOURCE DEMONSTRATION PROGRAM FOR EXISTING DWELLING U N I T S

Sec. 441. Energy conservation and renewable-resource demonstration. PART D — E N E R G Y CONSERVATION AND RENEWABLE-RESOURCE OBLIGATION GUARANTEES

Sec. 451. Program. PART E—MISCELLANEOUS PROVISIONS

Sec. 461. Exchange of information. Sec. 462. Report by the Comptroller General.

.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1177

 PUBLIC LAW 94-385—AUG. 14, 1976 TITLE I—FEDERAL ENERGY ADMINISTRATION AMENDMENTS AND RELATED MATTERS

90 STAT. 1127 ACT Federal Energy A?Wdme"nts of 1976.

PART A—FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS SHORT

TITLE

SEC. 101. This title may be cited as the "Federal Energy Adminis- 15 USC 761 note, tration Act Amendments of 1976". L I M I T A T I O N O N DISCRETION OF ADMINISTRATOR W I T H RESPECT TO ENERGY ACTIONS

SEC. 102. Section 5 of the Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following: "(c)(1) The Administrator shall not exercise the discretion delegated to him by the President, pursuant to section 5(b) of the Emergency Petroleum Allocation Act of 1973, to submit to the Congress as one energy action any amendment to the regulation under section 4(a) of such Act, pursuant to section 12 of such Act, which amendment exempts any oil, refined petroleum product, or refined product category from both the allocation and pricing provisions of the regulation under section 4 of such Act. "(2) Nothing in this subsection shall prevent the Administrator from concurrently submitting an energy action relating to price together with an energy action relating to allocation of the same oil, refined petroleum product, or refined product category.".

15 USC 764. 15 USC 754. 15 USC 753, Oa.

ENVIRONMENTAL PROTECTION AGENCY COMMENT PERIOD AND NOTICE OF WAIVER

SEC. 103. Paragraphs (1) and (2) of section 7(c) of the Federal Energy Administration Act of 1974 are amended to read as follows: 15 USC 766. "(1) The Administrator shall, before promulgating proposed Rules and rules, regulations, or policies affecting the quality of the environ- regulations, ment, provide a period of not less than five working days during which the Administrator of the Environmental Protection Agency may provide written comments concerning the impact of such rules, regulations, or policies on the quality of the environment. Such comments shall be published together with publication of notice of the proposed action. "(2) The review required by paragraph (1) of this subsection may be waived for a period of fourteen days if there is an emergency situation which, in the judgment of the Administrator, requires making effective the action proposed to be taken at a date earlier than would permit the Administrator of the Environmental Protection Agency the five working days opportunity for prior comment required by paragraph (1). Notice of any such waiver shall be given to the Administrator of the Environmental Protection Agency and filed with the Federal Register with the publication of notice of proposed or final agency action and shall include an explanation of the reasons for such waiver, together with supporting data and a description of the factual situation in such detail as the Administrator determines will apprise such agency and the public of the reasons for such waiver.".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1178

 90 STAT. 1128

PUBLIC LAW 94-385—AUG. 14, 1976 GUIDELINES FOR HARDSHIP AND I N E Q U I T Y AND HEARING AT APPEALS

SEC. 104. Section 7(i)(1)(D) of the Federal Energy Administration 15 USC 766. Act of 1974 is amended to read as follows: Rules and "(D) Any officer or agency authorized to issue the rules, regulations, regulations. or orders described in paragraph (A) shall provide for the making of such adjustments, consistent with the other purposes of this Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens and shall, by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, rescission of, exception to, or exemption from, such rules, regulations, and orders. Such officer or agency shall, within ninety days after the date of the enactment of the Federal Energy 15 USC 761 note. Administration Act Amendments of 1976, establish criteria and guidelines by which such special hardship, inequity, or unfair distribution of burdens shall be evaluated. Such officer or agency shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such application or petition. If any person is aggrieved or adversely Review. affected by a denial of a request for adjustment under the preceding sentences, he may request a review of such denial by the agency and may obtain judicial review in accordance with paragraph (2) of this subsection when such a denial becomes final. The agency shall, by rule, establish appropriate procedures, including a hearing when requested, for review of a denial, and where deemed advisable by the agency, for considering other requests for action under this paragraph, except that no review of a denial under this subparagraph shall be controlled by the same officer denying the adjustment pursuant to this subparagraph.". REQUIREMENTS FOR HEARING I N THE GEOGRAPHIC AREA AFFECTED BY RULES AND REGULATIONS OF THE ADMINISTRATOR

15 USC 766.

Definitions.

SEC. 105. Section 7(i)(1) is amended by adding after subparagraph (E) the following new subparagraph: " (F)(i) With respect to any rule or regulation of the Administrator the effects of which, except for indirect effects of an inconsequential nature, are confined to— " (I) a single unit of local government or the residents thereof; " ( II) a single geographic area within a State or the residents thereof; or " ( III) a single State or the residents thereof; the Administrator shall, in any case where he is required by law, or where he determines, to afford an opportunity for a hearing or the oral presentation of views, provide procedures for the holding of such hearing or oral presentation within the boundaries of the unit of local government, geographic area, or State described in subclauses (I) through ( III), as the case may be. " (ii) For purposes of this subparagraph— " (I) the term 'unit of local government' means a county, municipality, town, township, village, or other unit of general government Wow the State level; and " ( II) the term 'geographic area within a State' means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1179

 PUBLIC LAW 94-385—AUG. 14, 1976

90 STAT. 1129

"(iii) Nothing in this subparagraph shall be construed as requiring a hearing or an oral presentation of views where none is required by law or, in the absence of such a requirement, where the Administrator determines a hearing or oral presentation is not appropriate.". LIMITATION ON THE ADMINISTRATOR'S AUTHORITY W I T H RESPECT TO ENFORCEMENT OF REGULATIONS AND RULINGS

SEC. 106. Section 7 of the Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following: 15 USC 766. "(k) The Administrator or his delegate may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a remedial order against any person whose sole petroleum industry operation relates to the marketing of petroleum products, '>i?i- V^-J^^ for any violation of any rule or regulation if— "(1) such civil action or order is based upon a retroactive application of such rule or regulation or is based upon a retroactive interpretation of such rule or regulation; and "(2) such person relied in good faith upon rules, regulations, or rulings interpreting such rules or regulations, in effect on the date of the violation.". M A I N T A I N I N G ACCOUNTS OR RECORDS FOR COMPLIANCE PURPOSES; AND ALLEVIATION OF SMALL BUSINESS REPORTING BURDENS

SEC. 107. Section 13 of the Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following: 15 USC 772. "(g) With respect to any person who is subject to any rule, regulation, or order promulgated by the Administrator or to any provision of law the administration of which is vested in or transferred or delegated to the Administrator, the Administrator may require, by rule, the keeping of such accounts or records as he determines are necessary or appropriate for determining compliance with such rule, regulation, order, or any applicable provision of law. "(h) In exercising his authority under this Act and any other provision of law relating to the collection of energy information, the Administrator shall take into account the size of businesses required to submit reports with the Administrator so as to avoid, to the greatest extent practicable, overly burdensome reporting requirements on small i marketers and distributors of petroleum products and other small business concerns required to submit reports to the Administrator.". PENALTIES FOR FAILURE TO F I L E

INFORMATION

SEC. 108. Section 13 of the Federal Energy Administration Act of 1974 as amended by this Act is further amended by adding at the end thereof the following new subsection: " (i) Any failure to make information available to the Administrator under subsection (b), any failure to comply with any general or special order under subsection (c), or any failure to allow the Administrator to act under subsection (d) shall be subject to the same penalties as any violation of section 11 of the Energy Supply and Environmental Coordination Act of 1974 or any rule, regulation, or order issued under 15 USC 796. such section.".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1180

 90 STAT. 1130

PUBLIC LAW 94-385—AUG. 14, 1976 REPORTS

SEC. 109. (a) Section 15 of the P'ederal Energy Administration 15 USC 774. Act of 1974 is amended— (1) by striking out subsection (a) thereof; and (2) by redesignating subsections (b), (c), (d), and (e) as subsections (a), (b), (c),and (d), respectively. (b) Section 15(b) of such Act (as redesignated by subsection (a) of this section) is amended— ' '• ' • (1) by striking out "and" in paragraph (4) after "period;"; (2) in paragraph (5) by striking out the period at the end thereof and inserting in lieu thereof "; and"; and (3) by inserting at the end of such subsection the following: Energy analysis. "(6) an analysis of the energy needs of the United States and the methods by which such needs can be met, including both tax and nontax proposals and energy conservation strategies. In the first annual report submitted after the date of enactment of the Energy Conservation and Production Act, the Administrator shall include in such report with respect to the analysis referred to in paragraph (6) a specific discussion of the utility and relative benefits of employing a Btu tax as a means for obtaining national energy goals.", (c) Section 15 of such Act (as amended by this section) is further amended by adding at the end thereof the following: "(e) The analysis referred to in subsection (b)(6) shall include, for each of the next five fiscal years following the year in which the annual report is submitted and for the tenth fiscal year following such year— "(1) the effect of various conservation programs on such energy needs; "(2) the alternate methods of meeting the energy needs identified in such annual report and of— "(A) the relative capital and other economic costs of each such method; "(B) the relative environmental, national security, and balance-of-trade risks of each such method; "(C) the other relevant advantages and disadvantages of each such method; and Legislative " (3) recommendations for the best method or methods of meetrecommendations, jjjg li^Q energy needs identified in such annual report and for legislation needed to meet those needs. Notwithstanding the termination of this Act, the President shall designate an appropriate Federal agency to conduct the analysis specified in subsection (b)(6).". (d) Section 18(d) of the Federal Energy Administration Act of 15 USC 777. 1974 is amended by striking out "a report every six months" and inserting in lieu thereof "an annual report". AUTHORIZATIONS OF APPROPRIATIONS

SEC. 110. Section 29 of the Federal Energy Administration Act of 15 USC 761 note. 1974 is amended to read as follows: "SEC. 29. (a) There are authorized to be appropriated to the Federal Energy Administration the following sums: "(1) subject to the restrictions specified in subsection (b), to carry out the functions identified as assigned to Executive Direction and Administration of the Federal Energy Administration as of January 1, 1976—

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1181

 PUBLIC LAW 94-385—AUG. 14, 1976

90 STAT. 1131

"(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $8,655,000; and "(B) for the fiscal year ending September 30, 1977, not to exceed $33,086,000. "(2) to carry out the functions identified as assigned to the Office of Energy Policy and Analysis as of January 1, 1976— "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $8,137,000; and "(B) for the fiscal year ending September 30, 1977, not to exceed $34,971,000. "(3) to carry out the functions identified as assigned to the Office of Regulatory Programs as of January 1, 1976— "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $13,238,000; and "(B) for the fiscal year ending September 30, 1977, not to exceed $62,459,000. "(4) to carry out the functions identified as assigned to the Office of Conservation and the Environment as of January 1, 1976 (other than functions described in title II of the Energy Conservation and Production Act)— Post, p. 1142. "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $7,386,000; and "(B) for the fiscal year ending September 30, 1977, not to exceed $37,000,000. "(5) to carry out the functions identified as assigned to the Office of Energy Resource Development as of January 1, 1976— "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $3,052,000; and "(B) for the fiscal year ending September 30, 1977, not to exceed $16,934,000. "(6) to carry out the functions identified as assigned to the !* W'ici Office of International Energy Affairs as of January 1, 1976— "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $300,000; and "(B) for the fiscal year ending September 30, 1977, not to exceed $1,921,000. "(7) subject to the restriction specified in subsection (c), to carry out a program to develop the policies, plans, implementation strategies, and program definitions for promoting accelerated utilization and widespread commercialization of solar energy and to provide overall coordination of Federal solar energy commercialization activities— "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $500,000; and "(B) for the fiscal year ending September 30, 1977, not to exceed $2,500,000. "(8) for the purpose of permitting public use of the Project Independence Evaluation System pursuant to section 31 of this Act, not to exceed the aggregate amount of the fees estimated to Post, p. 1132. be charged for such use. "(b) The following restrictions shall apply to the authorization of Restrictions, appropriations specified in paragraph (1) of subsection (a) — "(1) amounts to carry out the functions identified as assigned to the Office of Communications and Public Affairs as of January 1, 1976, shall not exceed $607,000 for the period beginning July 1, 1976, and ending September 30, 1976, and shall not exceed $2,036,000 for the fiscal year ending September 30, 1977; and

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1182

 90 STAT. 1132

PUBLIC LAW 94-385—AUG. 14, 1976 "(2) no amounts authorized to be appropriated in such paragraph may be used to carry out the functions identified as assigned to the Office of Nuclear Affairs as of January 1, 1976. "(c) No amounts authorized to be appropriated in paragraph (7) of subsection (a) may be used to carry out solar energy research, development, or demonstration activities.". COLLECTION OF INFORMATION CONCERNING EXPORTS OF COAL OR PETROLEUM PRODUCTS

SEC. 111. Section 25 of the Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following new subsection: "(d) The Administrator shall not be required to collect independently information described in subsection (a) if he can secure the information described in subsection (a) from other Federal agencies and the information secured from such agencies is available to the Congress pursuant to a request under subsection (b).".

15 USC 784.

FEDERAL ENERGY ADMINISTRATION ACT EXTENSION

SEC. 112. (a) The second sentence of section 30 of the Federal 15 USC 761 note. Energy Administration Act of 1974 is amended to read as follows: "This Act shall terminate December 31, 1977.". Effective date. (b) The amendment made by subsection (a) to section 30 of the Federal Energy Administration Act of 1974 shall take effect on July 30, 1976. PROJECT INDEPENDENCE EVALUATION SYSTEM DOCUMENTATION AND ACCESS

15 USC 761 note.

SEC. 113. The Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following new section: PROJECT INDEPENDENCE EVALUATION SYSTEM DOCUMENTATION AND ACCESS

15 USC 787.

V

"SEC. 31. The Administrator of the Federal Energy Administration shall— "(1) submit to the Congress, not later than September 1, 1976, full and complete structural and parametric documentation, and not later than January 1, 1977, operating documentation, of the Project Independence Evaluation System computer model; "(2) provide access to such model to representatives of committees of the Congress in an expeditious manner; and "(3) permit the use of such model on the computer system maintained by the Federal Energy Administration by any member of the public upon such reasonable terms and conditions as the Administrator shall, by rule, prescribe. Such rules shall provide that any member of the public who uses such model may be charged a fair and reasonable fee, as determined by the Administrator, for using such model.". PART B—^PRODUCTION ENHANCEMENT AND OTHER RELATED MATTERS EXEMPTION O F STRIPPER WELL PRODUCTION

15 USC 757.

SEC. 121. Section 8 of the Emergency Petroleum Allocation Act of 1973 is amended by adding at the end thereof the following new subsection:

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1183

 PUBLIC LAW 94-385—AUG. 14, 1976 "(i)(1) The first sale price of stripper well crude oil shall be exempt from the regulation promulgated under section 4 of this Act as amended pursuant to the requirements of this section. For the purpose of this section, the President shall include in the computation of the actual weighted average first sale price for crude oil produced in the United States in any month subsequent to August 1976 the actual volume of stripper well crude oil produced in the United States in such subsequent month and such actual volume shall be deemed to have been sold at a first sale price equal to $11.63 per barrel plus the difference between the actual weighted average first sale price in August 1976, for crude oil, other than stripper well crude oil, produced in the United States, and the actual average first sale price in such subsequent month of all classifications of crude oil, other than stripper well crude oil, produced in the United States, weighted as if each such classification were produced in such subsequent month in the same proportion as such classification, or the most nearly comparable classification which existed on August 1, 1976, was produced in August 1976. "(2) For the purposes of this subsection, 'stripper well crude oil' means crude oil produced and sold from a property whose maximum average daily production of crude oil per well during any consecutive 12-month period beginning after December 31, 1972, does not exceed 10 barrels. "(3^ To qualify for the exemption under this subsection, a property must oe producing crude oil at the maximum feasible rate throughout the 12-month qualifying period and in accordance with recognized conservation practices. "(4) The President may define terms used in this subsection consistent with the purposes thereof.".

90 STAT. 1133

15 USC 753.

'

"Stripper well crude oil."

Qualification,

j.«a

E N H A N C E M E N T OF DOMESTIC PRODUCTION

SEC. 122. Section 8 of the Emergency Petroleum Allocation Act of 1973 (as amended by section 121 of this Act) is further amended— 15 USC 757. (1) in subsection (d)(1), by striking out "any adjustment as a production incentive shall not permit an increase in the maximum weighted average first sale price in excess of 3 per centum per annum (compounded annually), unless modified pursuant to this section, and"; (2) in subsection (d)(3)(C), by striking out ", including production from stripper wells"; (3) in subsection (e)(1), by striking out "(A) a production incentive adjustment to the maximum weighted average first sale price in excess of the 3 per centum limitation specified in ' •;; -. subsection (d)(1), (B)", and by striking out "such subsection, or (C) both.", and inserting in lieu thereof "subsection (d)(1)."; (4) in subsection (e)(2), by striking out "an additional adjustment as a production incentive, or", and by striking out ", or both,"; (5) in subsection (f)(1), by adding before the period at the end thereof the following: "and an analysis of the effects on * price and the production of domestic crude oil resulting from the amendments made to this section by sections 121 and 122 of the Energy Conservation and Production Act";

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1184

 90 STAT. 1134

15 USC 753.

"Tertiary enhanced recovery techniques."

Rule.

PUBLIC LAW 94-385—AUG. 14, 1976 (6) in subsection (f)(2), by striking out " The President may " and inserting in lieu thereof " O n March 15, 1977, the President may"; (7) in subsection (f)(2)(A), by striking out "or modification", and by striking out "as may have been amended pursuant to subsection (e) "; (8) in subsection (f)(5), by striking out "or modify", and by striking out "or of a modification of such adjustment"; and (9) by a d d i n g at the end thereof the following new subsection: " (j)(1) A s soon as practicable after the date of enactment of this subsection, taking into consideration the greater flexibility provided by the amendments relating to the production incentive adjustment under section 122 of the Energy Conservation and Production Act, the President shall promulgate such amendments to the regulation under section 4(a) (relating to price) as shall (A) provide additional price incentives for bona fide tertiary enhanced recovery techniques and (B) provide for the adjustment of differentials in ceiling prices for crude oil that are the result of gravity differentials which are arbitrary, discriminatory, applied on a regional or local basis without reasonable justification, or fail substantially to reflect current relative market valuations of such differentials. " (2) As used in this subsection, the term 'tertiary enhanced recovery techniques' means extraordinary and h i g h cost enhancement technologies of a type associated with tertiary applications including, to the extent that such techniques would be uneconomical without additional price incentives, miscible fluid or gas injection, chemical flooding, steam flooding, microemulsion flooding, in situ combustion, cyclic steam injection, polymer flooding, and caustic flooding and variations of the same. The President shall have authority to further define the term by rule.". CONSTRUCTION OF REFINERIES BY SMALL, AND INDEPENDENT

15 USC 753 note.

15 USC 753.

Report to Congress. "Small refiner" and "independent refiner." ^

15 USC 757 note. 15 USC 757.

REFINERS

SEC. 123. (a) I t is the intent of the Congress that, for the purpose of fostering construction of new refineries by small and independent refiners in the United States, the Administrator of the Federal Energy Administration shall take such action, within his authority under other law consistent with the attainment, to the maximum extent practicable, of the objectives under section 4(b)(1)(D) of the Emergency Petroleum Allocation Act of 1973, as the A d m i n i s t r a to r determines necessary to insure that rules, regulations, or orders issued by him do not impose unreasonably, unnecessary, or discriminatory barriers to entry for small refiners and independent refiners. (b) Not later than April 1, 1977, the Administrator shall report to the Congress with respect to actions taken to carry out the policies i n subsection (a). (c) For the purposes of this section the terms "small refiner" and "independent refiner" have the same meaning as such terms have under the Emergency Petroleum Allocation Act of 1973. EFFECTIVE DATE OF EPAA AMENDMENTS

SEC. 124. The amendments made to section 8 of the Emergency Petroleum Allocation Act by section 122 of this Act shall take effect on the date of enactment of this Act. The amendments made to section 8 of such Act by section 121 of this Act shall take effect on the first day of the first full month which begins after the date of enactment of this Act.

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90 STAT. 1135

P A R T C — OFFICE OF E N E R G Y INFORMATION AND A N A L Y S I S FINDINGS AND PURPOSE

SEC. 141. (a) The Congress finds that the public interest requires 15 USC 790 note. that decisionmaking, with respect to t h i s Nation's energy requirements and the sufficiency and availability of energy resources and supplies, be based on adequate, accurate, comparable, coordinated, and credible energy information. (b) The purpose of this title is to establish within the Federal Energy Administration an Office of Energy Information and Analysis and a National Energy Information System to assure the availability of adequate, comparable, accurate, and credible energy information to the Federal Energy Administration, to other Government agencies responsible for energy-related policy decisions, to the Congress, and to the public. OFFICE OF ENERGY INFORMATION AND ANALYSIS

SEC. 142. The Federal Energy Administration Act of 1974 is 15 USC 761 note. amended by inserting " P A R T A — FEDERAL ENERGY ADMINISTRATION"

after the enacting clause and by a d d i n g at the end thereof the following: " P A R T B — OFFICE OF E N E R G Y INFORMATION AND A N A L Y S I S ESTABLISHMENT o r

OFFICE OF ENERGY INFORMATION AND ANALYSIS

" SEC. 51. (a)(1) There is established within the Federal Energy Administration an Office of Energy Information and Analysis (hereinafter in this Act referred to as the 'Office') which shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate. " (2) The Director shall be a person who, by reason of professional background and experience, is specially qualified to manage an energy information system. " (b) The Administrator shall delegate (which delegation may be on a nonexclusive basis as the Administrator may determine may be necessary to assure the faithful execution of his authorities and responsibilities under law) the authority vested in him under section 11 of the Energy Supply and Environmental Coordination Act of 1974 and section 13 of this Act and the Director may act in the name of the Administrator under section 12 of the Energy S u p p l y and Environmental Coordination Act of 1974 and section 13 of this Act for the purpose of obtaining enforcement of the authorities delegated to him. " (c) A s used in this Act the term 'energy information' shall have the meaning described in section 11 of the Energy Supply and Environmental Coordination Act of 1974.

Director, appointment. 15 USC 790.

15 USC 796. 15 USC 772. 15 USC 797. "Energy information.

"NATIONAL ENERGY INFORMATION SYSTEM

" SEC. 52. (a) I t shall be the duty of the Director to establish a Establishment. National Energy Information System (hereinafter referred to in this 15 USC 790a. Act as the 'System'), which shall be operated and maintained by the Office. The System shall contain such information as is required to provide a description of and facilitate analysis of energy supply and

89-194 O—78—pt. 1

75

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f., ^

PUBLIC LAW 94-385—AUG. 14, 1976 consumption within and affecting the United States on the basis of such geographic areas and economic sectors as may be appropriate to meet adequately the needs of— "(1) the Federal Energy Administration in carrying out its lawful functions; "(2) the Congress; and " (3) other officers and employees of the United States in whom have been vested, or to whom have been delegated, energy-related policy decisionmaking responsibilities. "(b) At a minimum, the System shall contain such energy information as is necessary to carry out the Administration's statistical and forecasting activities, and shall include, at the earliest date and to the maximum extent practical subject to the resources available and the Director's ordering of those resources to meet the responsibilities of his Office, such energy information as is required to.define and permit analysis of— "(1) the institutional structure of the energy supply system including patterns of ownership and control of mineral fuel and nonmineral energy resources and the production, distribution, and marketing of mineral fuels and electricity; "(2) the consumption of mineral fuels, nonmineral energy resources, and electricity by such classes, sectors, and regions as may be appropriate for the purposes of this Act; "(3) the sensitivity of energy resource reserves, exploration, development, production, transportation, and consumption to economic factors, environmental constraints, technological improvements, and substitutability of alternate energy sources; "(4) the comparability of energy information and statistics that are supplied by different sources; "(5) industrial, labor, and regional impacts of changes in patterns of energy supply and consumption; "(6) international aspects, economic and otherwise, of the evolving energy situation; and "(7) long-term relationships between energy supply and consumption in the United States and world communities. "ADMINI8TRATI\rE PROVISIONS

Compensation. 15 USC 790b.

"SEC. 53. (a) The Director of the Office shall receive compensation at the rate now or hereafter prescribed for offices and positions at level IV of the Executive Schedule as specified in section 5315 of title 5, United States Code. "(b) To carry out the functions of the Office, the Director, on behalf of the Administrator, is authorized to appoint and fix the compensation of such professionally qualified employees as he deems necessary, including up to ten of the employees in grade GS-16, GS-17, or 5 USC 5332 note. GS-18 authorized by section 7 of this Act. 15 USC 766. «(c) The functions and powers of the Office shall be vested in or delegated to the Director, who may from time to time, and to the extent permitted by law, consistent with the purposes of this Act, delegate such of his functions as he deems appropriate. Such delegation may be made, upon request, to any officer or agency of the Federal Government. "(d)(1) The Director shall be available to the Congress to provide testimony on such subjects under his authority and responsibility as the Congress may request, including but not limited to energy information and analyses thereof.

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90 STAT. 1137

"(2) Any request for appropriations for the Federal Energy Administration submitted to the Congress shall identify the portion of such request intended for the support of the Office, and a statement of the differences, if any, between the amounts requested and the Director's assessment of the budgetary needs of the Office. ((ANALYTICAL

CAPABILITY

"SEC. 54. (a) The Director shall establish and maintain the scien- 15 USC 790c. tific, engineering, statistical, or other technical capability to perform analysis of energy information to— "(1) verify the accuracy of items of energy information submitted to the Director; and "(2) insure the coordination and comparability of the energy information in possession of the Office and other Federal agencies. "(b) The Director shall establish and maintain the professional and analytic capability to evaluate independently the adequacy and comprehensiveness of the energy information in possession of the Office and other agencies of the Federal Government in relation to the • purposes of this Act and for the performance of the analyses described in section 52 of this Act. Such analytic capability shall include— Ante, p. 1135. " (1) expertise in economics, finance, and accounting; "(2) the capability to evaluate estimates of reserves of mineral fuels and nonmineral energy resources utilizing alternative methodologies; "(3) the development and evaluation of energy flow and accounting models describing the production, distribution, and consumption of energy by the various sectors of the economy and lines of commerce in the energy industry; i "(4) the development and evaluation of alternative forecasting models describing the short- and long-term relationships between energy supply and consumption and appropriate variables; and "(5) such other capabilities as the Director deems necessary to achieve the purposes of this Act. a PROFESSIONAL AUDIT REVIEW OF PERFORMANCE OF OFFICE

"SEC. 55. (a) The procedures and methodology of the Office shall be subject to a thorough annual performance audit review. Such review shall be conducted by a Professional Audit Review Team which shall prepare a report describing its investigation and reporting its findings to the President and to the Congress. "(b) The Professional Audit Review Team shall consist of at least seven professionally qualified persons who shall be officers or employees of the United States and of whom at least— "one shall be designated by the Chairman of the Council of Economic Advisers; "one shall be designated by the Commissioner of Labor Statistics; "one shall be designated by the Administrator of Social and Economic Statistics; "one shall be desi^ated by the Chairman of the Securities and Exchange Commission; "one snail be designated by the Chairman of the Federal Trade Commission; "one shall be designated by the Chairman of the Federal Power Commission; and "one, who shall be the Chairman of the Professional Audit

15 USC 790cl. Report to President and Congress,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1188

 90 STAT. 1138 Cooperation.

Penalty,

PUBLIC LAW 94-385—AUG. 14, 1976 Review Team, shall be designated by the Comptroller General. "(c) The Director and the Administrator shall cooperate fully with the Professional Audit Review Team and notwithstanding any other provisions of law shall make available to the Team such data, information, documents, and services as the Team determines are necessary for successful completion of its performance audit review. " (d) Except as authorized by law, any person who— "(1) obtains, in the course of exercising the functions of the Professional Audit Review Team, information which constitutes a trade secret or confidential commercial information, the disclosure of which could result in significant competitive injury to the person to which such information relates; and " (2) willfully discloses such information; shall be fined not more than $40,000, or imprisoned not more than one year, or both. "COORDINATION OF ENERGY INFORMATION ACTIVITIES

15 USC 790e.

Report to Congress, transmittal to President.

42 USC 5818.

"SEC. 56. (a) In carrying out the purposes of this Act the Director shall, as he deems appropriate, review the energy information gathering activities of Federal agencies with a view toward avoiding duplication of effort and minimizing the compliance burden on business enterprises and other persons. "(b) In exercising his responsibilities under subsection (a) of this section, the Director shall recommend policies which, to the greatest extent practicable— (1) provide adequately for the energy information needs of the various departments and agencies of the Federal Government, the Congress, and the public; "(2) minimize the burden of reporting energy information on businesses, other persons, and especially small businesses; "(3) reduce the cost to Government of obtaining information; and "(4) utilize files of information and existing facilities of established Federal agencies. "(c)(1) At the earliest practicable date after the date of enactment of this section, each Federal agency which is engaged in the gathering of energy information as a part of an established program, function, or other activity shall promptly provide the Administrator with a I'eport on energy information which— "(A) identifies the statutory authority upon which the energy information collection activities of such agency is based; "(B) lists and describes the energy information needs and requirements of such agency; and "(C) lists and describes the categories, definitions, levels of detail, and frequency of collection of the energy information collected by such agency. Such agencies shall cooperate with the Administrator and provide such other descriptive information with respect to energy information activities as the Administrator may rex|uest. The Administrator shall prepare a report on his activities under this subsection, which report shall include recommendations with respect to the coordination of energy information activities of the Federal Government. Such report shall be available to the Congress and shall be transmitted to the President and to the Energy Resources Council for use in preparation of the plan required under subsection (c) of section 108 of the Energy Reorganization Act of 1974.

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 PUBLIC LAW 94-385—AUG. 14, 1976

90 STAT. 1139

u REPORTS

"SEC. 57. (a) The Director shall make periodic reports and may make Reports to special reports to the Congress and the public, including but not limited Congress. 15 USC 790f. to— "(1) such reports as the Director determines are necessary to provide a comprehensive picture of the quarterly, monthly, and, as appropriate, weekly supply and consumption of the various nonmineral energy resources, mineral fuels, and electricity in the United States; the information reported may be organized by company, by States, by regions, or by such other producing and consuming sectors, or combinations thereof, and shall be accompanied by an appropriate discussion of the evolution of the energy supply and consumption situation and such national and international trends and their effects as the Director may find to be significant; and "(2) an annual report which includes, but is not limited to, a description of the activities of the Office and the National Energy Information System during the preceding year; a summary of all special reports published during the preceding year; a summary of statistical information collected during the preceding year; short-, medium-, and long-term energy consumption and supply trends and forecasts under various assumptions; and, to the maximum extent practicable, a summary or schedule of the amounts of mineral fuel resources, nonmineral energy resources, and mineral fuels that can be brought to market at various prices and technologies and their relationship to forecasted demands. "(b)(1) The Director, on behalf of the Administrator, shall insure that adequate documentation for all statistical and forecast reports prepared by the Director is made available to the public at the time of publication of such reports. The Director shall periodically audit and validate analytical methodologies employed in the preparation of periodic statistical and forecast reports. "(2) The Director shall, on a regular basis, make available to the Information, public information which contains validation and audits of periodic availability to public. ^atisitical and forecast reports. " (c) Prior to publication, the Director may not be required to obtain the approval of any other officer or employee of the United States with respect to the substance of any statistical or forecasting technical reports which he has prepared in accordance with law. 'ENERGY INFORMATION I N POSSESSION OE OTHER FEDERAL AGENCIES

"SEC. 58. (a) In furtherance and not in limitation of any other 15 USC 790g. authority, the Director, on behalf of the Administrator, shall have access to energy information in the possession of any Federal agency except information— "(1) the disclosure of which to another Federal agency is expressly prohibited by law; or " (2) the disclosure of which the agency so requested determines would significantly impair the discharge of authorities and responsibilities which have been delegated to, or vested by law, in such agency. "(b) In the event that energy information in the possession of another Federal agency which is required to achieve the purposes of this Act is denied the Director or the Administrator pursuant to paragraph (1) or paragraph (2) of subsection (a) of this section, the

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 90 STAT. 1140

PUBLIC LAW 94-385—AUG. 14, 1976

Administrator, or the Director, on behalf of the Administrator, shall take appropriate action, pursuant to authority granted by law, to obtain said information from the original sources or a suitable alternate source. Such source shall be notified of the reason for this request for information. «CONGRESSIONAL 15 USC 790h.

ACCESS TO INFORMATION I N POSSESSION OF THE OFFICE

"SEC. 59. The Director shall promptly provide upon request any energy information in the possession of the Office to any duly established committee of the Congress. Such information shall be deemed the property of such committee and may not be disclosed except in accordance with the rules of such committee and the Rules of the House of Representatives or the Senate and as permitted by law.". EFFECTIVE DATE

15 USC 790 note. 15 USC 761 note. Ante, p. 1138.

SEC. 143. The amendments made by this part C to the Federal Energy Administration Act of 1974 shall take effect 150 days after the date of enactment of this Act, except that section 56(c) of the Federal Energy Administration Act of 1974 (as added by this part) shall take effect on the date of enactment of this Act. PART D—AMENDMENTS TO OTIJER ENERGY-RELATED LAW APPLIANCE

42 USC 6295.

42 USC 6292. Rule-

/ Rule. .

PROGRAM

SEC. 161. (a) Section 325(a)(1)(A) of the Energy Policy and Conservation Act is amended to read as follows: " (a)(1)(A) The Administrator shall direct the National Bureau of Standards to develop an energy efficiency improvement target for each type of covered product specified in paragraphs (1) through (10) of section 322(a). Not later than 90 days after the date of enactment of the Energy Conservation and Production Act, the Administrator shall, by rule, prescribe an energy efficiency improvement target for each such type of covered product.". (b) Section 325(a)(2) of such Act is amended by striking out the first sentence and inserting in lieu thereof the following: "(2) The Administrator shall direct the National Bureau of Standards to develop an energy efficiency improvement target for each type of covered product specified in paragraphs (11), (12), and (13) of section 322(a). Not later than one year after the date of enactment of this Act, the Administrator shall, by rule, prescribe an energy efficiency improvement target for each such type of product.". ENERGY RESOURCES COUNCIL REPORTS

42 USC 5818.

Report to President and Congress.

SEC. 162. (a) Section 108(b) of the Energy Reorganization Act of 1974 is amended— (1) by striking out "and" at the end of paragraph (2); (2) by striking out the period at the end thereof and inserting in lieu thereof a semicolon; and ^ 3) by adding at the end thereof the following new paragraphs: " (4) prepare a report on national energy conservation activities which shall be submitted to the President and the Congress annually, beginning on July 1, 1977, and which shall include— "(A) a review of all Federal energy conservation expenditures and activities, the purpose of each such activity, the

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 PUBLIC LAW 94-385—AUG. 14, 1976

90 STAT. 1141

relation of the activity to national conservation targets and plans, and the success of the activity and the plans for the activity in future years; " (B) an analysis of all conservation targets established for industry, residential, transportation, and public sectors of the economy, whether the targets can be achieved or whether they can be further improved, and the progress toward their achievement in the past year; "(C) a review of the progress made pursuant to the State energy conservation plans under sections 361 through 366 of the Energy Policy and Conservation Act and other similar 42 USC efforts at the State and local level, and whether further 6321-6326. conservation can be carried on by the States or by local governments, and whether further Federal assistance is required; "(D) a review of the principal conservation efforts in the private sector, the potential for more widespread implementation of such efforts and the Federal Government's efforts to promote more widespread use of private energy conservation initiatives; and " (E) an assessment of whether existing conservation targets and goals are sufficient to bridge the gap between domestic energy production capacity and domestic energy needs, whether additional incentives or programs are necessary or useful to close that gap further, and a discussion of what mandatory measures might be useful to further bring domestic demand into harmony with domestic supply. The Chairman of the Energy Resources Council shall coordinate the preparation of the report required under paragraph (5).". (b) Section 108 of the Energy Reorganization Act of 1974 is 42 USC 5818. amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by adding after subsection (b) the following new subsection: "(c) The President, through the Energy Resources Council, shall— Energy and "(1) prepare a plan for the reorganization of the Federal Gov- natural resources ernment's activities in energy and natural resources, including, activities, plan. but not limited to, a study of— "(A) the principal laws and directives that constitute the energy and natural resource policy of the United States; " (B) prospects of developing a consolidated national energy policy; "(C) the major problems and issues of existing energy and natural resource organizations; "(D) the options for Federal energy and natural resource organizations; " (E) an overview of available resources pertinent to energy and natural resource organization; " (F) recent proposals for a national energy and natural resource policy for the United States; and "(G) the relationship between energy policy goals and other national obj ectives; Recommenda"(2) submit to Congress— "(A) no later than December 31, 1976, the plan prepared tions, submittal to pursuant to subsection (c)(1) and a report containing his Congress. recommendations for the reorganization of the Federal Government's responsibility for energy and natural resource

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 90 STAT. 1142

PUBLIC LAW 94-385—AUG. 14, 1976 matters together with such proposed legislation as he deems necessary or appropriate for the implementation of such plans or recommendations; and "(B) not later than April 15, 1977, such revisions to the plan and report described in subparagraph (A) of this paragraph as he may consider appropriate; and "(3) provide interim and transitional policy planning for energy and natural resource matters in the Federal Government.". EXTENSION OF ENERGY RESOURCES COUNCIL

Ante, p. 1141. 42 USC 5818.

SEC. 163. Section 108(e) of the Energy Reorganization Act of 1974, as redesignated by subsection (b)(1) of this section, is amended by striking out "two years after such effective date," and inserting in lieu thereof "not later than September 30, 1977,". DEVELOPMENT OF UNDERGROUND COAL M I N E S

42 USC 6211. "Developing new underground coal mine."

SEC. 164. Section 102 of the Energy Policy and Conservation Act is amended by adding at the end of subsection (c) the following new paragraph: "(4) The term 'developing new underground coal mine' includes expansion of any existing underground coal mine in a manner designed to increase the rate of production of such mine, and the reopening of any underground coal mine which had previously been closed.". TITLE II—ELECTRIC U T I L I T Y RATE DESIGN INITIATIVES FINDINGS

42 USC 6801.

Proposals, transmittal to Congress.

SEC. 201. (a) The Congress finds that improvement in electric utility rate design has great potential for reducing the cost of electric utility services to consumers and current and projected shortages of capital, and for encouraging energy conservation and better use of existing electrical generating facilities. (b) It is the purpose of this title to require the Federal Energy Administration to develop proposals for improvement of electric utility rate design and transmit such proposals to Congress; to fund electric utility rate demonstration projects; to inter\ene or participate, upon request, in the proceedings of utility regulatory commissions; and to provide financial assistance to State offices of consumer services to facilitate presentation of consumer interests before such commissions. DEFINITIONS

42 USC 6802.

202. As used in thii! title: (1) The term "Administrator" means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this title. (2) The term "electric utility" means any person, State agency, or Federal agency which sells electric energy. (3) The term "Federal agency" means any agency or instrumentality of the United States.

SEC

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 PUBLIC LAW 94-385—AUG. 14, 1976 (4) The term "State agency" means a State, political subdivision thereof, or any agency or instrumentality of either. (5) The term "State utility regulatory commission" means (A) any utility regulatory commission which is a State agency or (B) the Tennessee Valley Authority. (6) The term "State" means any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States. (7) The term "utility regulatory commission" means any State agency or Federal agency which has authority to fix, modify, approve, or disapprove rates for the sale of electric energy by any electric utility (other than by such agency).

90 STAT. 1143

=

.

ELECTRIC U T I L I T Y RATE DESIGN PROPOSALS

SEC. 203. (a) The Administrator shall develop proposals to improve 42 USC 6803. electric utility rate design. Such proposals shall be designed to encourage energy conservation, minimize the need for new electrical generating capacity, and minimize costs of electric energy to consumers, and shall include (but not be limited to) proposals which provide for the development and implementation of— (1) load management technic^ues which are cost effective; (2) rates which reflect marginal cost of service, or time of use of service, or both; (3) ratemaking policies which discourage inefficient use of fuel and encourage economical purchases of fuel; and (4) rates (or other regulatory policies) which encourage electric utility system reliability and reliability of major items of electric utility equipment. (b) The proposals prepared under subsection (a) shall be trans- Transmittal to mitted to each House of Congress not later than 6 months after the Congress, date of enactment of this Act, for review and for such further action as the Congress may direct by law. Such proposals shall be accompanied by an analysis of— (1) the projected savings (if any) in consumption of petroleum products, natural gas, electric energy, and other energy resources, (2) the reduction (if any) in the need for new electrical gen-- - -"' crating capacity, and of the demand for capital by the electric utility industry, and (3) changes (if any) in the cost of electric energy to consumers, which are likely to result from the implementation nationally of each of the proposals transmitted under this subsection. R A T E DESIGN INNOVATION AND FEDERAL ENERGY ADMINISTRATION INTERVENTION f

,

s

SEC. 204. The Administrator may— 42 USC 6804. (1) fund (A) demonstration projects to improve electric utility load management procedures and (B) regulatory rate reform initiatives, (2) on request of a State, a utility regulatory commission, or _ ,. of any participant in any proceeding before a State utility regulatory commission which relates to electric utility rates or rate design, intervene and participate in such proceeding, and (3) on request of any State, utility regulatory commission, or '' party to any action to obtain judicial review of an administrative proceeding in which the Administrator intervened or participated under paragraph (2), intervene and participate in such action.

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 90 STAT. 1144

PUBLIC LAW 94-385—AUG. 14, 1976 GRANTS FOR OFFICES OF CONSUMER SERVICES

42 USC 6805.

SEC. 205. (a) The Administrator may make grants to States, or Otherwise as provided in subsection (c), under this section to provide for the establishment and operation of offices of consumer services to assist consumers in their presentations before utility regulatory commissions. Any assistance provided under this section shall be provided only for an office of consumer services which is operated independently of any such utility regulatory commission and which is empowered to— (1) make general factual assessments of the impact of proposed rate changes and other proposed regulatory actions upon all affected consumers; (2) assist consumers in the presentation of their positions before utility regulatory commissions; and (3) advocate, on its own behalf, a position which it determines represents the position most advantageous to consumers, taking into account developments in rate design reform. (b) Grants pursuant to subsection (a) of this section shall be made only to States which furnish such assurances as the Administrator may require that funds made available under such section will be in addition to, and not in substitution for, funds made available to offices of consumer services from other sources. (c) Assistance may be provided under this section to an office of consumer services established by the Tennessee Valley Authority, if such office is operated independently of the Tennessee Valley Authority. REPORTS

Report to Congress.

42 USC 6806.

SEC. 206. Not later than the last day in December in each year, the Administrator shall transmit to the Congress a report with respect to activities conducted under this title and recommendations as to the need for and types of further Federal legislation. AUTHORIZATIONS OF APPROPRIATIONS

42 USC 6807.

SEC. 207. (a) There are authorized to be appropriated to carry out this title (other than section 205) for the period beginning July 1, 1976, and ending September 30, 1977, not to exceed $13,056,000, of which not more than $1,000,000 may be assigned for purposes of section 204(2) and (3). (b) There are authorized to be appropriated to carry out section 205 for such period not to exceed $2,000,000.

Energy conservation Standards for New Buildings Act of 1976.

TITLE III—ENERGY CONSERVATION STANDARDS FOR N E W BUILDINGS

42 USC 6831 note.

SEC. 301. This title may be cited as the "Energy Conservation Standards for New Buildings Act of 1976".

SHORT TITLE

FINDINGS AND PURPOSES

42 USC 6831.

SEC. 302. (a) The Congress finds that— (1) large amounts of fuel and energy are consumed unnecessarily each year in heating, cooling, ventilating, and providing domestic hot water for newly constructed residential and corn-

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 PUBLIC LAW 94-385—AUG. 14, 1976 mercial buildings because such buildings lack adequate energy conservation features; (2) Federal performance standards for newly constructed buildings can prevent such waste of energy, which the Nation can no longer afford in view of its current and anticipated energy shortage; (3) the failure to provide adequate energy conservation measures in newly constructed buildings increases long-term operating costs that may affect adversely the repayment of, and security for, loans made, insured, or guaranteed by Federal agencies or made by federally insured or regulated instrumentalities; and (4) State and local building codes or similar controls can provide an existing means by which to assure, in coordination with other building requirements and with a minimum of Federal interference in State and local transactions, that newly constructed buildings contain adequate energy conservation features. (b) The purposes of this title, therefore, are to— (1) redirect Federal policies and practices to assure that reasonable energy conservation features will be incorporated into new commercial and residential buildings receiving Federal financial assistance; (2) provide for the development and implementation, as soon as practicable, of performance standards for new residential and commercial buildings which are designed to achieve the maximum practicable improvements in energy efficiency and increases in the use of nondepletable sources of energy; and (3) encourage States and local governments to adopt and enforce such standards through their existing building codes and other construction control mechanisms, or to apply them through a special approval process.

90 STAT. 1145

DEFINITIONS

SEC. 303. As used in this title: 42 USC 6832. (1) The term "Administrator" means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this title. (2) The term "building" means any structure to be constructed which includes provision for a heating or cooling system, or both, or for a hot water system. (3) The term "building code" means a legal instrument which is in effect in a State or unit of general purpose local government, the provisions of which must be adhered to if a building is to be considered to be in conformance with law and suitable for occu; pancy and use. (4) The term "commercial building" means any building other than a residential building, including any building developed for industrial or public purposes. (5) The term "Federal agency" means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, including the United States Postal Service, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. ^ (6) The term "Federal building" means any building to be constructed by, or for the use of, any Federal agency which is not legally subject to State or local building codes or similar requirements.

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 90 STAT. 1146

I 12 USC 1701J-2.

PUBLIC LAW 94-385—AUG. 14, 1976 (7) The term "Federal financial assistance" means (A) any form of loan, grant, guarantee, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assistance (other than general or special revenue sharing or formula grants made to States) approved by any Federal officer or agency; or (B) any loan made or purchased by any bank, savings and loan association, or similar institution subject to regulation by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration. (8) The term "National Institute of Building Sciences" means the institute established by section 809 of the Housing and Community Development Act of 1974. (9) The term "performance standards" means an energy consumption goal or goals to be met without specification of the methods, materials, and processes to be employed in achieving that goal or goals, but including statements of the requirements, criteria and evaluation methods to be used, and any necessary commentary. (10) The term "residential building" means any structure which is constructed and developed for residential occupancy. (11) The term "Secretary" means the Secretary of Housing and Urban Development. (12) The term "State" includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory and possession of the United States. (13) The term "unit of general purpose local government" means any city, county, town, municipality, or other political subdivision of a State (or any combination thereof), which has a building code or similar authority over a particular geographic area.

PROMULGATION OF ENERGY CONSERVATION PERFORMANCE STANDARDS FOR N E W BUILDINGS

Publication in SEC. 304. (a)(1) As soon as practicable, but in no event later than Federal Register. 3 years after the date of enactment of this title, the Secretary, only 42 USC 6833. after consultation with the Administrator, the Secretary of Commerce utilizing the services of the Director of the National Bureau of Standards, and the Administrator of the General Services Administration, shall develop and publish in the Federal Register for public comment proposed performance standards for new commercial buildings. Final performance standards shall be promulgated within 6 months after the date of publication of the proposed standards, and shall become effective within a reasonable time, not, to exceed 1 year after the date of promulgation, as specified by the Secretar}\ Publication in (2) As soon as practicable, but in no event later than 3 years after Federal Register. the date of enactment of this title, the Secretary, only after consultation with the Administrator and the Secretary of Commerce utilizing the services of the Director of the National Bureau of Standards, shall develop and publish in the Federal Register for public comment proposed performance standards for new residential buildings. Final performance standards for such buildings shall be promulgated within 6 months after the date of publication of the proposed standards, and shall become effective within a reasonable time, not to exceed 1 year after the date of promulgation, as specified by the Secretary.

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(3) In the development of performance standards, the Secretary shall utilize the services of the National Institute of Building Sciences, under appropriate contractual arrangements. (b) All performance standards promulgated pursuant to subsection (a) shall take account of, and make such allowance or particular exception as the Secretary determines appropriate for, climatic variations among the different regions of the country. (c) The Secretary, in consultation with the Administrator, the Consultation. Secretary of Commerce, the Administrator of the General Services Review. Administration, and the heads of other appropriate Federal agencies, and the National Institute of Building Sciences, shall periodically review and provide for the updating of performance standards promulgated pursuant to subsection (a). (d) The Secretary, if he finds that the dates otherwise specified Extension. in this section for publication of proposed, or for promulgation of final, performance standards under subsection (a)(1) or (a)(2) cannot practicably be met, may extend the time for such publication or promulgation, but no such extension shall result in a delay of more than 6 months in promulgation. APPLICATION OP ENERGY CONSERVATION PERFORMANCE STANDARDS FOR N E W BUILDINGS

SEC. 305. (a) Subject to the provisions of subsection (c) and after the effective date of final performance standards for new commercial and residential buildings pursuant to section 304(a), no Federal financial assistance shall be made available or approved with respect to the construction of any new commercial or residential building in any area of any State, unless— (1) such State has certified, in accordance with regulations of the Secretary, that— (A) the unit of general purpose local government which has jurisdiction over such area has adopted and is implementing a building code, or other construction control mechanism, which meets or exceeds the requirements of such final performance standards, or (B) such State has adopted and is implementing, on a statewide basis or with respect to such area, a building code or other laws or regulations which provide for the effective application of such final performance standards; (2) such new building has been determined, pursuant to any applicable approval process described in subsection (b), to be in compliance with such final performance standards; or (3) such new building is to be located in any area in which the construction of new buildings is not of a magnitude to warrant the costs of implementing final performance standards, as determined by the Secretary after receiving a request for such a determination (and material justifying such request) from the State in which the area is located; except that the Secretary may rescind such a determination whenever the Secretary finds that the amount of construction of new buildings has increased in such area to an extent that such costs are warranted. The Secretary shall review and conduct such investigations as are deemed necessary to determine the accuracy of such certifications and shall provide for the periodic updating thereof. The Secretary may reject, disapprove, or require the withdrawal of any such certification after notice to such State and an opportunity for a hearing.

42 USC 6834.

Certification,

Investigations, Notice and hearing,

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"Approval process."

Administration.

Transmittal to Congress.

42 USC 6422.

PUBLIC LAW 94-385—AUG. 14, 1976 (b)(1) The provisions of this subsection shall not apply to any area subject to the jurisdiction of a unit of general purpose local government or of a State described in subsection ('a)(l), and the provisions of this subsection and the approval process applicable under this subsection shall cease to apply to any area at such time as the Secretary receives a certification under subsection (a)(1) with respect to such area. (2) The Secretary shall have overall responsibility for the effective application of the applicable approval process described in this subsection in any area not exempted therefrom pursuant to paragraph (1). (3) As used in this section, the term "approval process" means a mechanism and procedure for the consideration and approval of an application to construct a new building and which involves (A) determining whether such proposed building would be in compliance with the final performance standards for new buildings promulgated under section 304, and (B) administration by the level and agency of government specified by the Secretary pursuant to paragraph (4). (4) The level and agency of government which shall administer the approval process described in this subsection is— (A) first, the agency which grants building permits on behalf of the unit of general purpose local government which has jurisdiction over the area in which new construction is proposed, if such agency is willing and able to administer such approval process; (B) second, if the agency described in subparagraph (A) is not willing and able to administer such approval process, any other agency of the unit of general purpose local government described in such paragraph which has authority to administer such approval process, if such agency is willing and able to administer such approval process; and (C) third, if no agency described in subparagraphs (A) and (B) is willing and able to administer such approval process, any agency of the State in which new construction is proposed which has authority to administer such approval process, if such agency is willing and able to administer such approval process. (c) The President shall transmit the final performance standards for new buildings to both Houses of Congress upon the date of promulgation of such standards pursuant to section 304(a), for review by the Congress under this subsection to determine whether the sanction set forth in the introductory clause to subsection (a) is necessary and appropriate to assure that such standards are in fact applied to all new buildings. Such sanction shall be deemed approved as necessary for such purpose (and shall thereafter be enforced, directly and indirectly, by each applicable person and governmental entity) if the use of such sanction is approved by a resolution of each House of Congress in accordance with the procedures specified in section 552 of the Energy Policy and Conservation Act; except that for purposes of this section the 60 calendar days described in section 552(b) and (c)(2) of such Act shall be lengthened to 90 calendar days. FEDERAL

42 USC 6835.

BUILDINGS

SEC. 306. The head of each Federal agency responsible for the construction of any Federal building shall adopt such procedures as may be necessary to assure that any such construction meets or exceeds the applicable final performance standards promulgated pursuant to this title.

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GRANTS

SEC. 307. (a) The Secretary may make grants to States and units of 42 USC 6836. general purpose local government to assist them in meeting the costs of adopting and implementing performance standards or of administering State certification procedures or any applicable approval process to carry out the provisions of section 305. (b) There is authorized to be appropriated for the purpose of carry- Appropriation ing out this section, not to exceed $5,000,000 for the fiscal year ending authorization. September 30, 1977. Any amount appropriated pursuant to this subsection shall remain available until expended. TECHNICAL

ASSISTANCE

SEC. 308. The Secretary (directly, by contract, or otherwise) may 42 USC 6837. provide technical assistance to States and units of general purpose local government to assist them in meeting the requirements of this title. CONSULTATION W I T H INTERESTED AND AFFECTED GROUPS

SEC. 309. In developing and promulgating performance standards and carrying out other functions under this title, the Secretary shall consult with appropriate representatives of the building community (including representatives of labor and the construction industry, engineers, and architects), with appropriate public officials and organizations of public officials, and with representatives of consumer groups. For purposes of such consultation, the Secretary shall, to the extent practicable, make use of the National Institute of Building Sciences. The Secretary may also establish one or more advisory committees as may be appropriate. Any advisory committee or committees established pursuant to this section shall be subject to the provisions of the Federal Advisory Committee Act.

42 USC 6838.

Advisory committees, establishment. 5 USC app. 1.

SUPPORT ACTIVITIES

SEC. 310. The Secretary, in cooperation with the Administrator, the 42 USC 6839. Secretary of Commerce utilizing the services of the Director of the National Bureau of Standards, and the heads of other appropriate Federal agencies, and the National Institute of Building Sciences, shall carry out any activities which the Secretary determines may be necessary or appropriate to assist in the development of performance standards under section 304(a) and to facilitate the implementation of such standards by State and local governments. Such activities shall be designed to assure that such standards are adequately analyzed in terms of energy efficiency, stimulation of use of nondepletable sources of energy, institutional resources, habitability, economic cost and benefit, and impact upon affected groups. MONITORING OF STATE AND LOCAL ADOPTION OF ENERGY CONSERVATION STANDARDS FOR BUILDINGS

S E C 311. The Secretary, with the advice and assistance of the 42 USC 6840. National Institute of Building Sciences, shall— (1) monitor the progress made by the States and their political subdivisions in adopting and enforcing energy conservation standards for new buildings; (2) identify any procedural obstacles or technical constraints inhibiting implementation of such standards;

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PUBLIC LAW 94-385—AUG. 14, 1976 (3) evaluate the effectiveness of such prevailing standards; and (4) within 12 months after the date of enactment of this title, and semiannually thereafter, report to the Congress on (A) the progress of the States and units of general purpose local government in adopting and implementing energy conservation standards for new buildings, and (B) the effectivensss of such standards.

Report to Congress.

Energy Conservation in Lxisting Buildings Act of jgyg " 42 USC 6851 note.

TITLE IV—ENERGY CONSERVATION AND RENEWABLERESOURCE ASSISTANCE FOR E X I S T I N G BUILDINGS SHORT TITI/E SEC. 401. This title may be cited as the "Energy Conservation in Existing Buildings Act of 1976". FINDINGS AND PURPOSE

42 USC 6851.

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SEC. 402. (a) The Congress finds that— ' (1) the fastest, most cost-effective, and most environmentally sound way to prevent future energy shortages in the United States, while reducing the Nation's dependence on imported energy supplies, is to encourage and facilitate, through major programs, the implementation of energy conservation and renewable-resource energy measures with respect to dwelling units, nonresidential buildings, and industrial plants; (2) current efforts to encourage and facilitate such measures are inadequate as a consequence of— (A) a lack of adequate and available financing for such measures, particularly with respect to individual consumers and owners of small businesses; (B) a shortage of reliable and impartial information and advisory services pertaining to practicable energy conservation measures and renewable-resource energy measures and the cost savings that are likely if they are implemented in such units, buildings, and plants; and (C) the absence of organized programs which, if they existed, would enable consumers, especially individuals and owners of small businesses, to undertake such measures easily and with confidence in their economic value; (3) major programs of financial incentives and assistance for energy conservation measures and renewable-resource energy measures in dwelling units, nonresidential buildings, and industrial plants would— (A) significantly reduce the Nation's demand for energy and the need for petroleum imports; (B) cushion the adverse impact of the high price of energy supplies on consumers, particularlv elderly and handicapped low-income persons who cannot afford to make the modifications necessary to reduce their residential energy use; and ^Q^ increase, directly and indirectly, job opportunities and national economic output; (4) the primary responsibility for the implementation of such major programs should be lodged with the governments of the States; the diversity of conditions among the various States and regions of the Nation is sufficiently great that a wholly federally

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administered program would not be as effective as one which is tailored to meet local requirements and to respond to local opportunities; the State should be allowed flexibility within which to fashion such programs, subject to general Federal guidelines and monitoring sufficient to protect the financial investments of consumers and the financial interest of the United States and to insure that the measures undertaken in fact result in significant energy and cost savings which would probably not otherwise occur; (5) to the extent that direct Federal administration is more economical and efficient, direct Federal financial incentives and assistance should be extended through existing and proven Federal programs rather than through new programs that would necessitate new and separate administrative bureaucracies; and (6) such programs should be designed and administered to supplement, and not to supplant or in any other way conflict with, State energy conservation programs under part C of title III of the Energy Policy and Conservation Act; the emergency energy 42 USC 6341. conservation program carried out by community action agencies pursuant to section 222(a) (12) of the Economic Opportunity Act of 1964; and other forms of assistance and encouragement for 42 USC 2809. energy conservation, (b) It is, therefore, the purpose of this title to encourage and facilitate the implementation of energy conservation measures and renew,.,, able-resource energy measures in dwelling units, nonresidential buildings, and industrial plants, through— (1) supplemental State energy conservation plans; and (2) Federal financial incentives and assistance. PART A—WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS FINDINGS AND PURPOSE

SEC. 411. (a) The Congress finds that— 42 USC 6861. (1) dwellings owned or occupied by low-income persons frequently are inadequately insulated; (2) low-income persons, particularly elderly and handicapped low-income persons, can least afford to make the modifications , necessary to provide for adequate insulation in such dwellings and to otherAvise reduce residential energy use; (3) weatherization of such dwellings would lower utility expenses for such low-income owners or occupants as well as save thousands of barrels per day of needed fuel; and (4) States, through community action agencies established under the Economic Opportunity Act of 1964 and units of general 42 USC 2701 purpose local government, should be encouraged, with Federal note, financial and technical assistance, to develop and support coordinated weatherization programs designed to ameliorate the adverse effects of high energy costs on such low-income persons, to supplement other Federal programs serving such persons, and to conserve energy, (b) It is, therefore, the purpose of this part to develop and implement a supplementary weatherization assistance program to assist in achieving a prescribed level of insulation in the dwellings of lowincome persons, particularly elderly and handicapped low-income persons, in order both to aid those persons least able to afford higher utility costs and to conserve needed energy.

89-194 O—78—pt. 1

76

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PUBLIC LAW 94-385—AUG. 14, 1976 DEFINITIONS

42 USC 6862.

29 USC 706. 42 USC 1382c, 423. 42 ilSe 6001.

42 USC 3002.

42 USC 601, 1381.

SEC. 412. As used in this part: (1) The term "Administrator" means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this part. (2) The term "Director" means the Director of the Community Services Administration. (3) The term "elderly" means any individual who is 60 years of age or older. (4) The term "Governor" means the chief executive officer of a State (including the Mayor of the District of Columbia). (5) The term "handicapped person" means any individual (A) who is a handicapped individual as defined in section 7(6) of the Rehabilitation Act of 1973, (B) who is under a disability as defined in section 1614(a)(3)(A) or 223(d)(1) of the Social Security Act or in section 102(7) of the Developmental Disabilities Services and Facilities Construction Act, or (C) who is receiving benefits under chapter 11 or 15 of title 38, United States Code. (6) The terms "Indian", "Indian tribe", and "tribal organization" have the meanings prescribed for such terms by paragraphs (4), (5), and (6), respectively, of section 102 of the Older Americans Act of 1965. (7) The term "low-income" means that income in relation to family size which (A) is at or below the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, or (B) is the basis on which cash assistance payments have been paid during the preceding 12-month period under titles IV and X VI of the Social Security Act or applicable State or local law. (8) The term "State" means each of the States and the District of Columbia. (9) The term "weatherization materials" means items primarily designed to improve the heating or cooling efficiency of a dwelling unit, including, but not limited to, ceiling, wall, floor, and duct insulation, storm windows and doors, and caulking and weatherstripping, but not including mechanical equipment' valued in excess of $50 per dwelling unit. WEATHERIZATION PROGRAM

SEC. 413. (a) The Administrator shall develop and conduct, in accordance with the purpose and provisions of this part, a weatherization program. In developing and conducting such program, the AdminGrants. istrator may, in accordance with this part and regulations promulgated under this part, make grants (1) to States, and (2) in accordance with the provisions of subsection (d), to Indian tribal organizations to serve Native Americans. Such grants shall be made for <:he purpose of providing financial assistance with regard to projects designed to provide for the weatherization of dwelling imits, particularly those where elderly or handicapped low-income persons reside, in which the head of the household is a low-income person. Proposed (b)(1) The Administrator, after consultation with the Director, the regulations; Secretary of Housing and Urban Development, the Secretary of publication in Federal Register. Health, Education, and Welfare, the Secretary of Labor, the Director

42 USC 6863.

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of the ACTION Agency, and the heads of such other Federal departments and agencies as the Administrator deems appropriate, shall develop and publish in the Federal Register for public comment, not later than 60 days after the date of enactment of this part, proposed regulations to carry out the provisions of this part. The Administrator shall take into consideration comments submitted regarding such proposed regulations and shall promulgate and publish final regulations for such purpose not later than 90 days after the date of such enactment. The development of regulations under this part shall be fully coordinated with the Director. (2) The regulations promulgated pursuant to this section shall include provisions— (A) prescribing, in coordination with the Secretary of Housing and Urban Development, the Secretary of Health, Education, and Welfare, and the Director of the National Bureau of Standards in the Department of Commerce, for use in various climatic, structural, and human need settings, standards for weatherization materials, energy conservation techniques, and balanced combinations thereof, which are designed to achieve a balance of a healthful dwelling environment and maximum practicable energy conservation; and (B) designed to insure that (i) the benefits of weatherization assistance in connection with leased dwelling units will accrue primarily to low-income tenants; (ii) the rents on such dwelling units will not be raised because of any increase in the value thereof due solely to weatherization assistance provided under this part; and (iii) no undue or excessive enhancement will occur to the value of such dwelling units. (c) If a State does not, within 90 days after the date on which Applications, final regulations are promulgated under this section, submit an appli- submittal by cation to the Administrator which meets the requirements set forth States. in section 414, any unit of general purpose local government of sufficient size (as determined by the Administrator), or a. community action agency carrying out programs under title II of the Economic Opportunity Act of 1964, may, in lieu of such State, submit an appli- 42 USC 2781. cation (meeting such requirements and subject to all other provisions of this part) for carrying out projects under this part within the geographical area which is subject to the jurisdiction of such govern^ ment or is served by such agency. If any such application submitted by a unit of general purpose local government proposes that the allocation requirement and the priority for an applicable community action agency, as set forth under section 415(b)(2)(B), be determined to be no longer applicable, the Administrator, as part of the notice and public hearing procedure carried out under section 418 with respect to such application, shall be responsible for making the necessary determination under the proviso in section 415(b)(2)(B). A State may, in accordance with regulations promulgated under this part, submit an amended application. (d)(1) Notwithstanding any other provision of this part, in any State in which the Administrator determines (after having taken into account the amount of funds made available to the State to carry out the purposes of this part) that the low-income members of an Indian tribe are not receiving benefits under this part that are equivalent to the assistance provided to other low-income persons in such State under this part, and if he further determines that the members of such tribe would be better served by means of a grant made directly to provide such assistance, he shall reserve from sums that would otherwise be

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