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15 U.S.C. § 2706 — Informational and testing functions of

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Page 1944 TITLE 15—COMMERCE AND TRADE § 2705 (Pub. L. 95–238, title III, § 305, Feb. 25, 1978, 92 Stat. 81; Pub. L. 104–66, title I, § 1121(i), Dec. 21, 1995, 109 Stat. 724.) Editorial Notes AMENDMENTS 1995—Pub. L. 104–66 struck out at end ‘‘The Secretary of Transportation shall submit a report to the Congress each year on the results of such evaluation including any appropriate recommendations which may encour- age the utilization of advanced automobile technology by the automobile industry.’’ § 2705. Coordinating and consulting require- ments and authorities of Secretary of Energy (a) Conduct of overall management responsibil- ities The Secretary of Energy shall have overall management responsibility for carrying out the program under section 2703 of this title. In car- rying out such program, the Secretary of En- ergy, consistent with such overall management responsibility— (1) shall utilize the expertise of the Depart- ment of Transportation to the extent deemed appropriate by the Secretary of Energy; and (2) may utilize any other Federal agency (ex- cept as provided in paragraph (1)) in accord- ance with subsection (c) in carrying out any activities under this chapter, to the extent that the Secretary of Energy determines that any such agency has capabilities which would allow such agency to contribute to the pur- poses of this chapter. (b) Exercise of powers by Secretary of Transpor- tation The Secretary of Transportation, whenever the expertise of the Department of Transpor- tation is utilized in accordance with subsection (a), may exercise the powers granted to the Sec- retary of Energy under subsection (c) and shall enter into contracts and make grants for such purpose, subject to the overall management re- sponsibility of the Secretary of Energy. (c) Requests for assistance of Federal depart- ments, etc. The Secretary of Energy may, in accordance with subsection (a), obtain the assistance of any department, agency, or instrumentality of the executive branch of the Federal Government upon written request, on a reimbursable basis or otherwise and with the consent of such depart- ment, agency, or instrumentality. Each such re- quest shall identify the assistance the Secretary of Energy deems necessary to carry out any duty under this chapter. (d) Consultations with Administrator of Environ- mental Protection Agency and Secretary of Transportation; establishment of procedures for periodic consultation with interested groups; establishment and functions of advi- sory panels The Secretary of Energy shall consult with the Administrator of the Environmental Protec- tion Agency and the Secretary of Transpor- tation, and shall establish procedures for peri- odic consultation with representatives of science, industry, and such other groups as may have special expertise in the area of automobile propulsion system research, development, and technology. The Secretary of Energy may estab- lish such advisory panels as he deems appro- priate to review and make recommendations with respect to applications for funding under this chapter. (e) Responsibilities under other Federal auto- motive research, development, and dem- onstration provisions unaffected Nothing contained in this chapter shall be construed to reduce in any way the responsibil- ities of the Secretary of Energy for automotive research, development, and demonstration under the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.) and the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.). (Pub. L. 95–238, title III, § 306, Feb. 25, 1978, 92 Stat. 81.) Editorial Notes REFERENCES IN TEXT The Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), referred to in subsec. (e), is Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, which is classified principally to chapter 73 (§ 5801 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of Title 42 and Tables. The Federal Nonnuclear Energy Research and Devel- opment Act of 1974 (42 U.S.C. 5901 et seq.), referred to in subsec. (e), is Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, which is classified generally to chapter 74 (§ 5901 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 5901 of Title 42 and Tables. § 2706. Informational and testing functions of Secretary of Energy (a) Evaluations of new or improved technologies pursuant to written submissions The Secretary of Energy shall, for the pur- poses of performing his responsibilities under this chapter, consider any reasonable new or im- proved technology, a description of which is sub- mitted to the Secretary of Energy in writing, which could lead or contribute to the develop- ment of advanced automobile propulsion system technology. (b) Testing by Administrator of Environmental Protection Agency of systems developed under research and development program or submitted by Secretary; scope and purposes of tests; submission of test data and results to Secretary The Administrator of the Environmental Pro- tection Agency shall test, or cause to be tested, in a facility subject to Environmental Protec- tion Agency supervision, each advanced auto- mobile propulsion system in an appropriately modified production vehicle equipped with such a system developed in whole or in part with Fed- eral financial assistance under this chapter, or referred to the Administrator of the Environ- mental Protection Agency for such purpose by the Secretary of Energy, to determine whether such vehicle complies with any exhaust emis- sion standards or any other requirements pro- Page 1945 TITLE 15—COMMERCE AND TRADE § 2710 1 See References in Text note below. mulgated or reasonably expected to be promul- gated under any provision of the Clean Air Act (42 U.S.C. 1857 et seq.) [42 U.S.C. 7401 et seq.], the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), or any other provision of Federal law adminis- tered by the Administrator of the Environ- mental Protection Agency. In conjunction with any test for compliance with exhaust emission standards under this section, the Administrator of the Environmental Protection Agency shall also conduct tests to determine the fuel econ- omy of such vehicle. The Administrator of the Environmental Protection Agency shall submit all test data and the results of such tests to the Secretary of Energy. (c) Collection, analysis, and dissemination of in- formation, data, and materials to developers The Secretary of Energy shall collect, analyze, and disseminate to developers information, data, and materials that may be relevant to the development of advanced automobile propulsion system technology. (Pub. L. 95–238, title III, § 307, Feb. 25, 1978, 92 Stat. 82.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, referred to in subsec. (b), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. The Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), referred to in subsec. (b), is Pub. L. 92–574, Oct. 27, 1972, 86 Stat. 1234, which is classified principally to chapter 65 (§ 4901 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 4901 of Title 42 and Tables. § 2707. Patents and inventions; statutory provi- sions applicable; contracts or grants covered Section 5908 of title 42 shall apply to any con- tract (including any assignment, substitution of parties, or subcontract thereunder) or grant, en- tered into, made, or issued by the Secretary of Energy under this chapter. (Pub. L. 95–238, title III, § 308, Feb. 25, 1978, 92 Stat. 82.) § 2708. Comptroller General audit and examina- tion of books, etc.; statutory provisions appli- cable; contracts or grants covered Section 5876 of title 42 shall apply with respect to the authority of the Comptroller General to have access to and rights of examination of books, documents, papers, and records of recipi- ents of financial assistance under this chapter; except that for the purposes of this chapter, the term ‘‘contract’’ (as used in section 2206 of title 42, insofar as it relates to such section 5876 of title 42) means ‘‘contract or grant’’. (Pub. L. 95–238, title III, § 309, Feb. 25, 1978, 92 Stat. 82.) § 2709. Reports to Congress by Secretary of En- ergy (a) Comprehensive program, etc. As a separate part of the annual report sub- mitted under section 5914(a) 1 of title 42 with re- spect to the comprehensive plan and program then in effect under section 5905(a) and (b) of title 42, the Secretary of Energy shall submit to Congress an annual report of activities under this chapter. Such report shall include— (1) a current comprehensive program defini- tion for implementing this chapter; (2) an evaluation of the state of automobile propulsion system research and development in the United States; (3) the number and amount of contracts and grants made under this chapter; (4) an analysis of the progress made in devel- oping advanced automobile propulsion system technology; and (5) suggestions for improvements in ad- vanced automobile propulsion system research and development, including recommendations for legislation. (b) Study on financial obligation guarantees The Secretary of Energy shall conduct a sur- vey of developers, lending institutions, and other appropriate persons or institutions and shall otherwise make a study for the purpose of determining whether, and under what condi- tions, research, development, demonstration, and commercial availability of advanced auto- mobile propulsion system technology may be aided by the guarantee of financial obligations by the Federal Government. The Secretary of Energy shall report the results of such survey and study to the Congress within 1 year after February 25, 1978. Such report shall include an examination of those stages of advanced auto- mobile propulsion system technology research, development, demonstration, and commer- cialization for which financial obligation guar- antees may be useful or appropriate and shall contain such legislative recommendations as may be necessary. (Pub. L. 95–238, title III, § 310, Feb. 25, 1978, 92 Stat. 83.) Editorial Notes REFERENCES IN TEXT Section 5914 of title 42, referred to in subsec. (a), was omitted from the Code. § 2710. Authorization of appropriations There is authorized to be appropriated to carry out the purposes of this chapter, in addi- tion to any amounts made available for such purposes pursuant to title I of this Act, the sum of $12,500,000 for the fiscal year ending Sep- tember 30, 1978. (Pub. L. 95–238, title III, § 312, Feb. 25, 1978, 92 Stat. 83.) Editorial Notes REFERENCES IN TEXT Title I of this Act, referred to in text, is title I (§§ 101–107) of Pub. L. 95–238, Feb. 25, 1978, 92 Stat. 47.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2706 — Informational and testing functions of Secretary of Energy

**(a) Evaluations of new or improved technologies pursuant to written submissions** The Secretary of Energy shall, for the purposes of performing his responsibilities under this chapter, consider any reasonable new or improved technology, a description of which is submitted to the Secretary of Energy in writing, which could lead or contribute to the development of advanced automobile propulsion system technology. **(b) Testing by Administrator of Environmental Protection Agency of systems developed under research and development program or submitted by Secretary; scope and purposes of tests; submission of test data and results to Secretary** The Administrator of the Environmental Protection Agency shall test, or cause to be tested, in a facility subject to Environmental Protection Agency supervision, each advanced automobile propulsion system in an appropriately modified production vehicle equipped with such a system developed in whole or in part with Federal financial assistance under this chapter, or referred to the Administrator of the Environmental Protection Agency for such purpose by the Secretary of Energy, to determine whether such vehicle complies with any exhaust emission standards or any other requirements promulgated or reasonably expected to be promulgated under any provision of the Clean Air Act ([42 U.S.C. 1857](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1857&num=0&edition=prelim) et seq.) [[42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.], the Noise Control Act of 1972 ([42 U.S.C. 4901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4901&num=0&edition=prelim) et seq.), or any other provision of Federal law administ

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42 U.S.C. § 1857 — Untitled legal text

Page 5072 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1856o ganization associated with the Federal fire- fighter is legally responsible under the laws applicable to the foreign fire organization. (Pub. L. 100–428, § 4, as added Pub. L. 112–74, div. E, title IV, § 411(5), Dec. 23, 2011, 125 Stat. 1040.) Editorial Notes PRIOR PROVISIONS A prior section 4 of Pub. L. 100–428 was renumbered section 5 and is classified to section 1856o of this title. § 1856o. Funds Funds available to the Secretary of Agri- culture or the Secretary of the Interior for wild- fire protection resources in connection with ac- tivities under the jurisdiction of such Secretary may be used to carry out activities authorized under agreements or otherwise under this sub- chapter, or for reimbursements authorized under this subchapter: Provided, That no such funds may be expended for wildfire protection re- sources (including personnel) provided by a for- eign fire organization for wildfire suppression activities unless the Secretary determines that no wildfire protection resources (including per- sonnel) within the United States are reasonably available to provide wildfire suppression. (Pub. L. 100–428, § 5, formerly § 4, Sept. 9, 1988, 102 Stat. 1616; renumbered § 5 and amended Pub. L. 112–74, div. E, title IV, § 411(4), (6), Dec. 23, 2011, 125 Stat. 1040, 1041.) Editorial Notes PRIOR PROVISIONS A prior section 5 of Pub. L. 100–428 was classified to section 1856p of this title prior to repeal by Pub. L. 101–11. AMENDMENTS 2011—Pub. L. 112–74, § 411(6), substituted ‘‘under this subchapter’’ for ‘‘under section 1856n(c) of this title’’, ‘‘wildfire protection resources (including personnel)’’ for ‘‘wildfire protection resources or personnel’’ in two places, and ‘‘provide wildfi

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42 U.S.C. § 4901 — Congressional findings and statement of policy

**(a)** The Congress finds— (1) that inadequately controlled noise presents a growing danger to the health and welfare of the Nation’s population, particularly in urban areas; (2) that the major sources of noise include transportation vehicles and equipment, machinery, appliances, and other products in commerce; and (3) that, while primary responsibility for control of noise rests with State and local governments, Federal action is essential to deal with major noise sources in commerce control of which require national uniformity of treatment. **(b)** The Congress declares that it is the policy of the United States to promote an environment for all Americans free from noise that jeopardizes their health or welfare. To that end, it is the purpose of this chapter to establish a means for effective coordination of Federal research and activities in noise control, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction characteristics of such products.

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42 U.S.C. § 4901 — Congressional findings and statement of

Page 6244 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 4871 to 4883 (Pub. L. 102–550, title X, § 1061, Oct. 28, 1992, 106 Stat. 3926.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original ‘‘this title’’, meaning title X of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3897, known as the Residential Lead-Based Paint Hazard Reduction Act of 1992. For complete classification of this title to the Code, see Short Title note set out under section 4851 of this title and Tables. CHAPTER 64—PUBLIC SERVICE EMPLOYMENT PROGRAMS §§ 4871 to 4883. Omitted Editorial Notes CODIFICATION The public service employment programs covered by this chapter and authorized pursuant to the Emergency Employment Act of 1971, Pub. L. 92–54, July 12, 1971, 85 Stat. 146, which enacted this chapter, are omitted be- cause appropriations were not authorized after June 30, 1973. Similar public service employment programs were included in the Comprehensive Employment and Train- ing Act of 1973, Pub. L. 93–203, title II, §§ 201–211, Dec. 28, 1973, 87 Stat. 850–857, which was classified to section 841 et seq. of Title 29, Labor, and was repealed by section 184(a)(1) of the Job Training Partnership Act, Pub. L. 97–300, title I, Oct. 13, 1982, 96 Stat. 1357. The Job Train- ing Partnership Act was classified principally to chap- ter 19 (§ 1501 et seq.) of Title 29 and was repealed by Pub. L. 105–220, title I, § 199(b)(2), 112 Stat. 1059, effective July 1, 2000. Section 4871, Pub. L. 92–54, § 2, July 12, 1971, 85 Stat. 146, set forth Congressional statement of findings and purpose. Section 4872, Pub. L. 92–54, § 3, July 12, 1971, 85 Stat. 147, related to financial assistance. Section 4873, Pub. L. 92–54, § 4, July 12, 1971, 85 Stat. 147, relate

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42 U.S.C. § 5801 — Sex discrimination prohibited

No person shall on the ground of sex be excluded from participation in, be denied a license under, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under any subchapter of this chapter. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.]. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee.

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42 U.S.C. § 5801 — Congressional declaration of policy and

Page 6592 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5801 Sec. 5848. Abnormal occurrence reports. 5849. Other officers. 5850. Unresolved safety issues plan. 5851. Employee protection. 5852. Availability of funds. 5853. Limitation on legal fee reimbursement. 5854. Notification and reports by Chairman. SUBCHAPTER III—MISCELLANEOUS AND TRANSITIONAL PROVISIONS 5871. Transitional provisions. 5872. Transfer of personnel. 5873. Director of Office of Management and Budget; power to make dispositions. 5874. Definitions. 5875. Authorization of appropriations. 5876. Comptroller General audit. 5877. Reports to President for submission to Con- gress. 5878. Information to Congressional committees. 5878a. Funding and encouragement of small busi- ness; information for inclusion in report. 5879. Transfer of funds. SUBCHAPTER IV—SEX DISCRIMINATION 5891. Sex discrimination prohibited. § 5801. Congressional declaration of policy and purpose (a) Development and utilization of energy sources The Congress hereby declares that the general welfare and the common defense and security re- quire effective action to develop, and increase the efficiency and reliability of use of, all en- ergy sources to meet the needs of present and future generations, to increase the productivity of the national economy and strengthen its posi- tion in regard to international trade, to make the Nation self-sufficient in energy, to advance the goals of restoring, protecting, and enhancing environmental quality, and to assure public health and safety. (b) Necessity of establishing Energy Research and Development Administration The Congress finds that, to best achieve these objectives, improve Government operations, and assure the coordinated and effective d

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42 U.S.C. § 5901 — Congressional statement of findings

The Congress hereby finds that— **(a)** The Nation is suffering from a shortage of environmentally acceptable forms of energy. **(b)** Compounding this energy shortage is our past and present failure to formulate a comprehensive and aggressive research and development program designed to make available to American consumers our large domestic energy reserves including fossil fuels, nuclear fuels, geothermal resources, solar energy, and other forms of energy. This failure is partially because the unconventional energy technologies have not been judged to be economically competitive with traditional energy technologies. **(c)** The urgency of the Nation’s energy challenge will require commitments similar to those undertaken in the Manhattan and Apollo projects; it will require that the Nation undertake a research, development, and demonstration program in nonnuclear energy technologies with a total Federal investment which may reach or exceed $20,000,000,000 over the next decade. **(d)** In undertaking such program, full advantage must be taken of the existing technical and managerial expertise in the various energy fields within Federal agencies and particularly in the private sector. **(e)** The Nation’s future energy needs can be met if a national commitment is made now to dedicate the necessary financial resources, to enlist our scientific and technological capabilities, and to accord the proper priority to developing new nonnuclear energy options to serve national needs, conserve vital resources, and protect the environment.

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42 U.S.C. § 5901 — Congressional statement of findings

Page 6624 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5879 Editorial Notes REFERENCES IN TEXT Section 204(b) of the Department of Energy Act 1978— Civilian Applications (42 U.S.C. 7256, note; 92 Stat. 60), referred to in text, is section 204(b) of Pub. L. 95–238, title II, Feb. 25, 1978, 92 Stat. 59, which is set out as a note under section 7256 of this title. CODIFICATION Section was not enacted as a part of the Energy Reor- ganization Act of 1974 which comprises this chapter. AMENDMENTS 1980—Pub. L. 96–470 substituted ‘‘include, in the re- port required by section 204(b) of the Department of En- ergy Act of 1978—Civilian Applications, information’’ for ‘‘by June 30, 1976, and by the end of each fiscal year thereafter, submit a report to the Committee on Science and Technology of the House of Representa- tives and the Committee on Interior and Insular Affairs of the Senate’’ and ‘‘Secretary of Energy’’ for ‘‘Admin- istrator’’ wherever appearing. § 5879. Transfer of funds The Administrator, when authorized in an ap- propriation Act, may, in any fiscal year, trans- fer funds from one appropriation to another within the Administration; except, that no ap- propriation shall be either increased or de- creased pursuant to this section by more than 5 per centum of the appropriation for such fiscal year. (Pub. L. 93–438, title III, § 309, Oct. 11, 1974, 88 Stat. 1252.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. SUBCHAPTER IV—SEX DISCRIMINATION § 5891. Sex discrimination prohibited No person shall on the

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42 U.S.C. § 7401 — Congressional findings and declaration of purpose

**(a) Findings** The Congress finds— (1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. **(b) Declaration** The purposes of this subchapter are— (1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs. **(c) Pollution prevention** A prim

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42 U.S.C. § 7401 — Congressional findings and declaration of

Page 7160 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7401 Sec. PART C—CLEAN FUEL VEHICLES 7581. Definitions. 7582. Requirements applicable to clean-fuel vehi- cles. 7583. Standards for light-duty clean-fuel vehicles. 7584. Administration and enforcement as per Cali- fornia standards. 7585. Standards for heavy-duty clean-fuel vehicles (GVWR above 8,500 up to 26,000 lbs.). 7586. Centrally fueled fleets. 7587. Vehicle conversions. 7588. Federal agency fleets. 7589. California pilot test program. 7590. General provisions. SUBCHAPTER III—GENERAL PROVISIONS 7601. Administration. 7602. Definitions. 7603. Emergency powers. 7604. Citizen suits. 7605. Representation in litigation. 7606. Federal procurement. 7607. Administrative proceedings and judicial re- view. 7608. Mandatory licensing. 7609. Policy review. 7610. Other authority. 7611. Records and audit. 7612. Economic impact analyses. 7613. Repealed. 7614. Labor standards. 7615. Separability. 7616. Sewage treatment grants. 7617. Economic impact assessment. 7618. Repealed. 7619. Air quality monitoring. 7620. Standardized air quality modeling. 7621. Employment effects. 7622. Employee protection. 7623. Repealed. 7624. Cost of vapor recovery equipment. 7625. Vapor recovery for small business marketers of petroleum products. 7625–1. Exemptions for certain territories. 7625a. Statutory construction. 7626. Authorization of appropriations. 7627. Air pollution from Outer Continental Shelf activities. 7628. Demonstration grant program for local gov- ernments. SUBCHAPTER IV—NOISE POLLUTION 7641. Noise abatement. 7642. Authorization of appropriations. SUBCHAPTER IV–A—ACID DEPOSITION CONTROL 7651. Findings and purposes. 7651a. Definitions. 7651b.

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