42 U.S.C. § 17321 — Definitions

Page 9031 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17321 § 17303. Enforcement by the Federal Trade Com- mission (a) Enforcement This part shall be enforced by the Federal Trade Commission in the same manner, by the same means, and with the same jurisdiction as though all applicable terms of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incor- porated into and made a part of this part. (b) Violation is treated as unfair or deceptive act or practice The violation of any provision of this part shall be treated as an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commis- sion Act (15 U.S.C. 57a(a)(1)(B)). (Pub. L. 110–140, title VIII, § 813, Dec. 19, 2007, 121 Stat. 1724.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (a), 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, Commerce and Trade. For complete classification of this Act to the Code, see sec- tion 58 of Title 15 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 17304. Penalties (a) Civil penalty In addition to any penalty applicable under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), any supplier that violates section 17301 or 17302 of this title shall be punishable by a civil penalty of not more than $1,000,000. (b) Method The penalties provided by subsection (a) shall be obtained in the same manner as civil pen- alties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (c) Multiple offenses; mitigating factors In assessing the penalty provided by sub- section (a)— (1) each day of a continuing violation shall be considered a separate violation; and (2) the court shall take into consideration, among other factors— (A) the seriousness of the violation; and (B) the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. (Pub. L. 110–140, title VIII, § 814, Dec. 19, 2007, 121 Stat. 1724.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (a), 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, Commerce and Trade. For complete classification of this Act to the Code, see sec- tion 58 of Title 15 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 17305. Effect on other laws (a) Other authority of the Commission Nothing in this part limits or affects the au- thority of the Federal Trade Commission to bring an enforcement action or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) Antitrust law Nothing in this part shall be construed to modify, impair, or supersede the operation of any of the antitrust laws. For purposes of this subsection, the term ‘‘antitrust laws’’ shall have the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12), ex- cept that it includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the ex- tent that such section 5 applies to unfair meth- ods of competition. (c) State law Nothing in this part preempts any State law. (Pub. L. 110–140, title VIII, § 815, Dec. 19, 2007, 121 Stat. 1724.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (a), 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, Commerce and Trade. For complete classification of this Act to the Code, see sec- tion 58 of Title 15 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. SUBCHAPTER VIII—INTERNATIONAL ENERGY PROGRAMS § 17321. Definitions In this subchapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Energy and Natural Re- sources, the Committee on Environment and Public Works, and the Committee on Com- merce, Science, and Transportation of the Senate. Page 9032 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17331 (2) Clean and efficient energy technology The term ‘‘clean and efficient energy tech- nology’’ means an energy supply or end-use technology that, compared to a similar tech- nology already in widespread commercial use in a recipient country, will— (A) reduce emissions of greenhouse gases; or (B)(i) increase efficiency of energy produc- tion; or (ii) decrease intensity of energy usage. (3) Greenhouse gas The term ‘‘greenhouse gas’’ means— (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) hydrofluorocarbons; (E) perfluorocarbons; or (F) sulfur hexafluoride. (Pub. L. 110–140, title IX, § 901, Dec. 19, 2007, 121 Stat. 1725.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title IX of Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1725, which enacted this sub- chapter and amended section 5314 of Title 5, Govern- ment Organization and Employees, section 9101 of Title 31, Money and Finance, and section 3021 of Title 50, War and National Defense. For complete classification of title IX to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. PART A—ASSISTANCE TO PROMOTE CLEAN AND EFFICIENT ENERGY TECHNOLOGIES IN FOREIGN COUNTRIES § 17331. United States assistance for developing countries (a) Assistance authorized The Administrator of the United States Agen- cy for International Development shall support policies and programs in developing countries that promote clean and efficient energy tech- nologies— (1) to produce the necessary market condi- tions for the private sector delivery of energy and environmental management services; (2) to create an environment that is condu- cive to accepting clean and efficient energy technologies that support the overall purpose of reducing greenhouse gas emissions, includ- ing— (A) improving policy, legal, and regulatory frameworks; (B) increasing institutional abilities to provide energy and environmental manage- ment services; and (C) increasing public awareness and par- ticipation in the decision-making of deliv- ering energy and environmental manage- ment services; and (3) to promote the use of American-made clean and efficient energy technologies, prod- ucts, and energy and environmental manage- ment services. (b) Report The Administrator of the United States Agen- cy for International Development shall submit to the appropriate congressional committees an annual report on the implementation of this sec- tion for each of the fiscal years 2008 through 2012. (c) Authorization of appropriations To carry out this section, there are authorized to be appropriated to the Administrator of the United States Agency for International Develop- ment $200,000,000 for each of the fiscal years 2008 through 2012. (Pub. L. 110–140, title IX, § 911, Dec. 19, 2007, 121 Stat. 1725.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 17332. United States exports and outreach pro- grams for India, China, and other countries (a) Assistance authorized The Secretary of Commerce shall direct the United States and Foreign Commercial Service to expand or create a corps of the Foreign Com- mercial Service officers to promote United States exports in clean and efficient energy technologies and build the capacity of govern- ment officials in India, China, and any other country the Secretary of Commerce determines appropriate, to become more familiar with the available technologies— (1) by assigning or training Foreign Com- mercial Service attache´s, who have expertise in clean and efficient energy technologies from the United States, to embark on business development and outreach efforts to such countries; and (2) by deploying the attache´s described in paragraph (1) to educate provincial, state, and local government officials in such countries on the variety of United States-based tech- nologies in clean and efficient energy tech- nologies for the purposes of promoting United States exports and reducing global greenhouse gas emissions. (b) Report The Secretary of Commerce shall submit to the appropriate congressional committees an annual report on the implementation of this sec- tion for each of the fiscal years 2008 through 2012. (c) Authorization of appropriations To carry out this section, there are authorized to be appropriated to the Secretary of Com- merce such sums as may be necessary for each of the fiscal years 2008 through 2012. (Pub. L. 110–140, title IX, § 912, Dec. 19, 2007, 121 Stat. 1726.)