42 U.S.C. § 6307 — Consumer education

Page 6752 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6307 (c) Jurisdiction Jurisdiction is vested in the Federal district courts of the United States over actions brought by— (1) any adversely affected person to deter- mine whether a State or local government is complying with the requirements of this part; and (2) any person who files a petition under sec- tion 6295(n) of this title which is denied by the Secretary. (Pub. L. 94–163, title III, § 336, Dec. 22, 1975, 89 Stat. 930; Pub. L. 95–619, title IV, §§ 425(g), 427, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3266, 3267, 3288; Pub. L. 100–12, § 9, Mar. 17, 1987, 101 Stat. 123; Pub. L. 105–388, § 5(a)(6), Nov. 13, 1998, 112 Stat. 3478.) Editorial Notes AMENDMENTS 1998—Subsec. (c)(2). Pub. L. 105–388 substituted ‘‘sec- tion 6295(n)’’ for ‘‘section 6295(k)’’. 1987—Subsec. (a). Pub. L. 100–12 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Rules under sections 6293, 6294, 6295(a), 6297(b), or 6298 of this title shall be prescribed in accordance with section 553 of title 5, except that— ‘‘(1) interested persons shall be afforded an oppor- tunity to present written and oral data, views, and arguments with respect to any proposed rule, and ‘‘(2) in the case of a rule under section 6295(a) of this title, the Secretary shall, by means of con- ferences or other informal procedures, afford any in- terested person an opportunity to question— ‘‘(A) other interested persons who have made oral presentations under paragraph (1), and ‘‘(B) employees of the United States who have made written or oral presentations, with respect to disputed issues of material fact. Such opportunity shall be afforded to the extent the Sec- retary determines that questioning pursuant to such procedures is likely to result in a more timely and ef- fective resolution of such issues. A transcript shall be kept of any oral presentations made under this subsection.’’ Subsec. (b). Pub. L. 100–12 amended subsec. (b) gen- erally. Prior to amendment, subsec. (b) read as follows: ‘‘(1) Any person who will be adversely affected by a rule prescribed under section 6293, 6294, or 6295 of this title when it is effective may, at any time prior to the sixtieth day after the date such rule is prescribed, file a petition with the United States court of appeals for the circuit wherein such person resides or has his prin- cipal place of business, for a judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the agency which prescribed the rule. Such agency thereupon shall file in the court the written submissions to, and transcript of, the pro- ceedings on which the rule was based as provided in section 2112 of title 28. ‘‘(2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to re- view the rule in accordance with chapter 7 of title 5 and to grant appropriate relief as provided in such chapter. No rule under section 6293, 6294, or 6295 of this title may be affirmed unless supported by substantial evidence. ‘‘(3) The judgment of the court affirming or setting aside, in whole or in part, any such rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. ‘‘(4) The remedies provided for in this subsection shall be in addition to, and not in substitution for, any other remedies provided by law.’’ Subsec. (c). Pub. L. 100–12 amended subsec. (c) gen- erally. Prior to amendment, subsec. (c) read as follows: ‘‘(1) Titles IV and V of the Department of Energy Or- ganization Act shall not apply with respect to the pro- cedures under this part. ‘‘(2) The procedures applicable under this part shall not— ‘‘(A) be considered to be modified or affected by any other provision of law unless such other provision specifically amends this part (or provisions of law cited herein), or ‘‘(B) be considered to be superseded by any other provision of law unless such other provision does so in specific terms, referring to this part, and declaring that such provision supersedes, in whole or in part, the procedures of this part.’’ 1978—Subsec. (a). Pub. L. 95–619, §§ 425(g)(1)–(3), 691(b)(2), struck out par. designation ‘‘(1)’’ before ‘‘Rules’’ and substituted reference to section ‘‘6295(a)’’ for ‘‘6295(a)(1), (2), or (3)’’ in first sentence; redesignated subpars. (A) and (B) and cls. (i) and (ii) of subpar. (B) as pars. (1) and (2) and subpars. (A) and (B) of par. (2), respectively; struck out ‘‘paragraph (1), (2), or (3) of’’ before ‘‘section 6295(a)’’ in par. (2) as so redesignated; directed the substitution of ‘‘paragraph (1)’’ for ‘‘sub- paragraph (A)’’ in par. (2)(B) as so redesignated, which was executed to par. (2)(A) as so redesignated to reflect the probable intent of Congress; substituted ‘‘sub- section’’ for ‘‘paragraph’’ in last sentence; and sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. Par. (2), which provided that subsecs. (c) and (d) of section 57a of title 15 shall apply to rules under section 6295 of this title (other than subsecs. (a)(1), (2), and (3)) to the same extent that such subsecs. apply to rules under section 57a(a)(1)(B) of title 15, was struck out to reflect the probable intent of Congress in view of the amendment by Pub. L. 95–619, § 425(g)(1), which struck out designation ‘‘(1)’’ after subsection (a) designation, and in view of the amendment by Pub. L. 95–619, § 422, to section 6295(a) of this title, which struck out pars. (3) to (5) therefrom. Subsec. (b). Pub. L. 95–619, § 425(g)(4), (5), substituted ‘‘section 6293, 6294, or 6295’’ for ‘‘section 6293 or 6294’’ in pars. (1) and (2) and struck out former par. (5) which re- lated to the application of section 57a(e) of title 15 to rules under section 6295 of this title. Subsec. (c). Pub. L. 95–619, § 427, added subsec. (c). § 6307. Consumer education (a) In general The Secretary shall, in close cooperation and coordination with the Commission and appro- priate industry trade associations and industry members, including retailers, and interested consumer and environmental organizations, carry out a program to educate consumers and other persons with respect to— (1) the significance of estimated annual op- erating costs; (2) the way in which comparative shopping, including comparisons of estimated annual op- erating costs, can save energy for the Nation and money for consumers; and (3) such other matters as the Secretary de- termines may encourage the conservation of energy in the use of consumer products. Such steps to educate consumers may include publications, audiovisual presentations, dem- onstrations, and the sponsorship of national and regional conferences involving manufacturers, distributors, retailers, and consumers, and State, local, and Federal Government represent- atives. Nothing in this section may be construed to require the compilation of lists which com- pare the estimated annual operating costs of Page 6753 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6308 1 So in original. Probably should be capitalized. consumer products by model or manufacturer’s name. (b) State and local incentive programs (1) The Secretary shall, not later than one year after October 24, 1992, issue recommenda- tions to the States for establishing State and local incentive programs designed to encourage the acceleration of voluntary replacement, by consumers, of existing showerheads, faucets, water closets, and urinals with those products that meet the standards established for such products pursuant to subsections (j) and (k) of section 6295 of this title. (2) In developing such recommendations, the Secretary shall consult with the heads of other federal 1 agencies, including the Administrator of the Environmental Protection Agency; State officials; manufacturers, suppliers, and install- ers of plumbing products; and other interested parties. (c) HVAC maintenance (1) To ensure that installed air conditioning and heating systems operate at maximum rated efficiency levels, the Secretary shall, not later than 180 days after August 8, 2005, carry out a program to educate homeowners and small busi- ness owners concerning the energy savings from properly conducted maintenance of air condi- tioning, heating, and ventilating systems. (2) The Secretary shall carry out the program under paragraph (1), on a cost-shared basis, in cooperation with the Administrator of the Envi- ronmental Protection Agency and any other en- tities that the Secretary determines to be ap- propriate, including industry trade associations, industry members, and energy efficiency organi- zations. (d) Small business education and assistance (1) The Administrator of the Small Business Administration, in consultation with the Sec- retary and the Administrator of the Environ- mental Protection Agency, shall develop and co- ordinate a Government-wide program, building on the Energy Star for Small Business Program, to assist small businesses in— (A) becoming more energy efficient; (B) understanding the cost savings from im- proved energy efficiency; (C) understanding and accessing Federal pro- curement opportunities with regard to Energy Star technologies and products; and (D) identifying financing options for energy efficiency upgrades. (2) The Secretary, the Administrator of the Environmental Protection Agency, and the Ad- ministrator of the Small Business Administra- tion shall— (A) make program information available to small business concerns directly through the district offices and resource partners of the Small Business Administration, including small business development centers, women’s business centers, and the Service Corps of Re- tired Executives (SCORE), and through other Federal agencies, including the Federal Emer- gency Management Agency and the Depart- ment of Agriculture; and (B) coordinate assistance with the Secretary of Commerce for manufacturing-related ef- forts, including the Manufacturing Extension Partnership Program. (3) The Secretary, on a cost shared basis in co- operation with the Administrator of the Envi- ronmental Protection Agency, shall provide to the Small Business Administration all adver- tising, marketing, and other written materials necessary for the dissemination of information under paragraph (2). (4) The Secretary, the Administrator of the Environmental Protection Agency, and the Ad- ministrator of the Small Business Administra- tion, as part of the outreach to small business concerns under the Energy Star Program for Small Business Program, may enter into cooper- ative agreements with qualified resources part- ners (including the National Center for Appro- priate Technology) to establish, maintain, and promote a Small Business Energy Clearinghouse (in this subsection referred to as the ‘‘Clearing- house’’). (5) The Secretary, the Administrator of the Environmental Protection Agency, and the Ad- ministrator of the Small Business Administra- tion shall ensure that the Clearinghouse pro- vides a centralized resource where small busi- ness concerns may access, telephonically and electronically, technical information and advice to help increase energy efficiency and reduce en- ergy costs. (6) There are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended. (Pub. L. 94–163, title III, § 337, Dec. 22, 1975, 89 Stat. 931; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 102–486, title I, § 123(i), Oct. 24, 1992, 106 Stat. 2831; Pub. L. 109–58, title I, § 132, Aug. 8, 2005, 119 Stat. 621.) Editorial Notes AMENDMENTS 2005—Subsecs. (c), (d). Pub. L. 109–58 added subsecs. (c) and (d). 1992—Pub. L. 102–486 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1978—Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. § 6308. Annual report The Secretary shall report to the Congress and the President either (1) as part of his annual re- port, or (2) in a separate report submitted annu- ally, on the progress of the program undertaken pursuant to this part and on the energy savings impact of this part. Each such report shall specify the actions undertaken by the Secretary