42 U.S.C. § 6202 — Definitions

Page 6660 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6202 tional Bureau of Standards, shall establish, for pur- poses of developing the ten-year plan, a practical and effective method for estimating and comparing life cycle capital and operating costs for Federal buildings, including residential, commercial, and industrial type categories. Such method shall be consistent with the Office of Management and Budget Circular No. A–94, and shall be adopted and used by all agencies in devel- oping their plans pursuant to subsection (e), annual re- ports pursuant to subsection (g), and budget estimates pursuant to subsection (h). For purposes of this para- graph, the term ‘‘life cycle cost’’ means the total costs of owning, operating, and maintaining a building over its economic life, including its fuel and energy costs, determined on the basis of a systematic evaluation and comparison of alternative building systems. [Ref- erences to National Bureau of Standards deemed to refer to National Institute of Standards and Tech- nology pursuant to section 5115(c) of Pub. L. 100–418, set out as a Change of Name note under 15 U.S.C. 271.] (d) Not later than November 1, 1977, the Secretary, with the concurrence of the Director of the Office of Management and Budget, and after consultation with the Administrator of General Services and the heads of the Executive agencies specified in subsection (a) shall issue guidelines for the plans to be submitted pursuant to subsection (e). (e)(1) The head of each Executive agency that main- tains any existing building or will maintain any new building shall submit no later than six months after the issuance of guidelines pursuant to subsection (d), to the Secretary a ten-year plan designed to the max- imum extent practicable to meet the goals in sub- section (b) for the total of existing or new Federal buildings. Such ten-year plans shall only consider im- provements that are cost-effective consistent with the criteria established by the Director of the Office of Management and Budget (OMB Circular A–94) and the method established pursuant to subsection (c) of this Section. The plan submitted shall specify appropriate energy-saving initiatives and shall estimate the ex- pected improvements by fiscal year in terms of specific accomplishments—energy savings and cost savings—to- gether with the estimated costs of achieving the sav- ings. (2) The plans submitted shall, to the maximum extent practicable, include the results of preliminary energy audits of all existing buildings with over 30,000 gross square feet of space owned and maintained by Execu- tive agencies. Further, the second annual report sub- mitted under subsection (g)(2) of this Section shall, to the maximum extent practicable, include the results of preliminary energy audits of all existing buildings with more than 5,000 but not more than 30,000 gross square feet of space. The purpose of such preliminary energy audits shall be to identify the type, size, energy use level and major energy using systems of existing Fed- eral buildings. (3) The Secretary shall evaluate agency plans relative to the guidelines established pursuant to subsection (d) for such plans and relative to the cost estimating method established pursuant to subsection (c). Plans determined to be deficient by the Secretary will be re- turned to the submitting agency head for revision and resubmission within 60 days. (4) The head of any Executive agency submitting a plan, should he disagree with the Secretary’s deter- mination with respect to that plan, may appeal to the Director of the Office of Management and Budget for resolution of the disagreement. (f) The head of each agency submitting a plan or re- vised plan determined not deficient by the Secretary or, on appeal, by the Director of the Office of Manage- ment and Budget, shall implement the plan in accord with approved budget estimates. (g)(1) Each Executive agency shall submit to the Sec- retary an overall plan for conserving fuel and energy in all operations of the agency. This overall plan shall be in addition to and include any ten-year plan for energy conservation in Government buildings submitted in ac- cord with Subsection (e). (2) By July 1 of each year, each Executive agency shall submit a report to the Secretary on progress made toward achieving the goals established in the overall plan required by paragraph (1) of this sub- section. The annual report shall include quantitative measures and accomplishment with respect to energy saving actions taken, the cost of these actions, the en- ergy saved, the costs saved, and other benefits realized. (3) The Secretary shall prepare a consolidated annual report on Federal government progress toward achiev- ing the goals, including aggregate quantitative meas- ures of accomplishment as well as suggested revisions to the ten-year plan, and submit the report to the President by August 15 of each year. (h) Each agency required to submit a plan shall sub- mit to the Director of the Office of Management and Budget with the agency’s annual budget submission, and in accordance with procedures and requirements that the Director shall establish, estimates for imple- mentation of the agency’s plan. The Director of the Of- fice of Management and Budget shall consult with the Secretary about the agency budget estimates. (i) Each agency shall program its proposed energy conservation improvements of buildings so as to give the highest priority to the most cost-effective projects. (j) No agency of the Federal government may enter into a lease or a commitment to lease a building the construction of which has not commenced by the effec- tive date of this Order unless the building will likely meet or exceed the general goal set forth in subsection (b)(2). (k) The provisions of this Section do not apply to housing units repossessed by the Federal Government. EXECUTIVE ORDER NO. 12759 Ex. Ord. No. 12759, Apr. 17, 1991, 56 F.R. 16257, as amended by Ex. Ord. No. 12902, § 701, Mar. 8, 1994, 59 F.R. 11471, which provided for minimization of petroleum use in Federal facilities, vehicle fuel efficiency out- reach programs, and Federal vehicle fuel efficiency, was revoked by Ex. Ord. No. 13123, § 604, June 3, 1999, 64 F.R. 30859, formerly set out as a note under section 8251 of this title. EXECUTIVE ORDER NO. 12902 Ex. Ord. No. 12902, Mar. 8, 1994, 59 F.R. 11463, which di- rected executive agencies to implement programs to re- duce energy consumption, increase energy efficiency, and conserve water, was revoked by Ex. Ord. No. 13123, § 604, June 3, 1999, 64 F.R. 30859, formerly set out as a note under section 8251 of this title. § 6202. Definitions As used in this chapter: (1) The term ‘‘Secretary’’ means the Sec- retary of Energy. (2) The term ‘‘person’’ includes (A) any indi- vidual, (B) any corporation, company, associa- tion, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government and any agency of the United States or any State or political subdivision thereof. (3) The term ‘‘petroleum product’’ means crude oil, residual fuel oil, or any refined pe- troleum product (including any natural liquid and any natural gas liquid product). (4) The term ‘‘State’’ means a State, the Dis- trict of Columbia, Puerto Rico, the Trust Ter- ritory of the Pacific Islands, or any territory or possession of the United States. (5) The term ‘‘United States’’ when used in the geographical sense means all of the States and the Outer Continental Shelf. (6) The term ‘‘Outer Continental Shelf’’ has the same meaning as such term has under sec- tion 1331 of title 43. Page 6661 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6212 (7) The term ‘‘international energy pro- gram’’ means the Agreement on an Inter- national Energy Program, signed by the United States on November 18, 1974, including (A) the annex entitled ‘‘Emergency Reserves’’, (B) any amendment to such Agreement which includes another nation as a party to such Agreement, and (C) any technical or clerical amendment to such Agreement. (8) The term ‘‘severe energy supply interrup- tion’’ means a national energy supply shortage which the President determines— (A) is, or is likely to be, of significant scope and duration, and of an emergency na- ture; (B) may cause major adverse impact on na- tional safety or the national economy; and (C) results, or is likely to result, from (i) an interruption in the supply of imported pe- troleum products, (ii) an interruption in the supply of domestic petroleum products, or (iii) sabotage, an act of terrorism, or an act of God. (9) The term ‘‘antitrust laws’’ includes— (A) the Act entitled ‘‘An Act to protect trade and commerce against unlawful re- straints and monopolies’’, approved July 2, 1890 (15 U.S.C. 1, et seq.); (B) the Act entitled ‘‘An Act to supple- ment existing laws against unlawful re- straints and monopolies, and for other pur- poses’’, approved October 15, 1914 (15 U.S.C. 12, et seq.); (C) the Federal Trade Commission Act (15 U.S.C. 41, et seq.); (D) sections 73 and 74 of the Act entitled ‘‘An Act to reduce taxation, to provide rev- enue for the Government, and for other pur- pose’’, approved August 27, 1894 (15 U.S.C. 8 and 9); and (E) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21A). (10) The term ‘‘Federal land’’ means all lands owned or controlled by the United States, including the Outer Continental Shelf, and any land in which the United States has reserved mineral interests, except lands— (A) held in trust for Indians or Alaska Na- tives, (B) owned by Indians or Alaska Natives with Federal restrictions on the title, (C) within any area of the National Park System, the National Wildlife Refuge Sys- tem, the National Wilderness Preservation System, the National System of Trails, or the Wild and Scenic Rivers System, or (D) within military reservations. (Pub. L. 94–163, § 3, Dec. 22, 1975, 89 Stat. 874; Pub. L. 95–619, title VI, § 691(a), Nov. 9, 1978, 92 Stat. 3287; Pub. L. 98–454, title VI, § 601(f), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 101–383, § 3(a), Sept. 15, 1990, 104 Stat. 727; Pub. L. 114–74, title IV, § 401(b), Nov. 2, 2015, 129 Stat. 589.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory clause, was in the original ‘‘this Act’’, meaning Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6201 of this title and Tables. Act approved July 2, 1890, referred to in par. (9)(A), is act July 2, 1890, ch. 647, 26 Stat. 209, known as the Sher- man Act, which is classified to sections 1 to 7 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables. Act approved October 15, 1914, referred to in par. (9)(B), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, known as the Clayton Act, which is classified generally to sec- tions 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sec- tions 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables. The Federal Trade Commission Act, referred to in par. (9)(C), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classifica- tion of this Act to the Code, see section 58 of Title 15 and Tables. Act of June 19, 1936, chapter 592, referred to in par. (9)(E), is act June 19, 1936, ch. 592, 49 Stat. 1526, popu- larly known as the Robinson-Patman Antidiscrimina- tion Act and also as the Robinson-Patman Price Dis- crimination Act, which enacted sections 13a, 13b, and 21a of Title 15, Commerce and Trade, and amended sec- tion 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 13 of Title 15 and Tables. AMENDMENTS 2015—Par. (8)(C)(iii). Pub. L. 114–74 substituted ‘‘sabo- tage, an act of terrorism, or an act of God’’ for ‘‘sabo- tage or an act of God’’. 1990—Par. (8)(C). Pub. L. 101–383 inserted ‘‘(i)’’ before ‘‘an interruption’’ and substituted ‘‘(ii) an interruption in the supply of domestic petroleum products, or (iii)’’ for ‘‘or from’’. 1984—Par. (4). Pub. L. 98–454 inserted reference to Trust Territory of the Pacific Islands. 1978—Par. (1). Pub. L. 95–619 substituted definition of ‘‘Secretary’’, meaning the Secretary of Energy, for def- inition of ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. SUBCHAPTER I—DOMESTIC SUPPLY AVAILABILITY PART A—DOMESTIC SUPPLY § 6211. Repealed. Pub. L. 106–469, title I, § 103(1), Nov. 9, 2000, 114 Stat. 2029 Section, Pub. L. 94–163, title I, § 102, Dec. 22, 1975, 89 Stat. 876; Pub. L. 94–385, title I, § 164, Aug. 14, 1976, 90 Stat. 1142; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 95–620, title VIII, § 802, Nov. 9, 1978, 92 Stat. 3347, provided for incentives to develop underground coal mines. § 6212. Repealed. Pub. L. 114–113, div. O, title I, § 101(a), Dec. 18, 2015, 129 Stat. 2987 Section, Pub. L. 94–163, title I, § 103, Dec. 22, 1975, 89 Stat. 877; Pub. L. 96–72, § 22(b)(1), Sept. 29, 1979, 93 Stat. 535, related to domestic use of energy supplies and re- lated materials and equipment.