42 U.S.C. § 8511 — National and State emergency conserva-

Page 7618 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8502 1 See References in Text note below. (4) protect interstate commerce. (Pub. L. 96–102, title II, § 201, Nov. 5, 1979, 93 Stat. 757.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 96–102, title III, § 302, Nov. 5, 1979, 93 Stat. 770, provided that: ‘‘The amendments made by this Act [en- acting this chapter, amending sections 6262, 6263, and 6422 of this title, and enacting provisions set out as notes under this section and section 6261 of this title] shall take effect on the date of the enactment of this Act [Nov. 5, 1979].’’ SHORT TITLE Pub. L. 96–102, § 1(a), Nov. 5, 1979, 93 Stat. 749, provided that: ‘‘This Act [enacting this chapter, amending sec- tions 6261, 6262, 6263, and 6422 of this title, and enacting provisions set out as notes under this section and sec- tion 6261 of this title] may be cited as the ‘Emergency Energy Conservation Act of 1979’.’’ CONGRESSIONAL FINDINGS Pub. L. 96–102, title I, § 101, Nov. 5, 1979, 93 Stat. 750, provided that: ‘‘The Congress finds that— ‘‘(1) a standby rationing plan for gasoline and diesel fuel should provide, to the maximum extent prac- ticable, that the burden of reduced supplies of gaso- line and diesel fuel be shared by all persons in a fair and equitable manner and that the economic and so- cial impacts of such plan be minimized; and ‘‘(2) such a plan should be sufficiently flexible to re- spond to changed conditions and sufficiently simple to be effectively administered and enforced.’’ FUNDING FOR FISCAL YEARS 1979 AND 1980 Pub. L. 96–102, title III, § 301, Nov. 5, 1979, 93 Stat. 769, provided that: ‘‘For purposes of any law relating to ap- propriations or authorizations for appropriations as such law relates to the fiscal year ending September 30, 1979, or the fiscal year ending September 30, 1980, the provisions of this Act (including amendments made by this Act) [see Short Title note above] shall be treated as if it were a contingency plan under section 202 or 203 of the Energy Policy and Conservation Act [former sec- tions 6262 and 6263 of this title] which was approved in accordance with the procedures under that Act [see Short Title note set out under section 6201 of this title] or as otherwise provided by law, and funds made avail- able pursuant to such appropriations shall be available to carry out the provisions of this Act and the amend- ments made by this Act.’’ § 8502. Definitions For purposes of this chapter— (1) The term ‘‘severe energy supply interrup- tion’’, when used with respect to motor fuel or any other energy source, means a national en- ergy supply shortage of such energy source which the President determines— (A) is, or is likely to be, of significant scope and duration; (B) may cause major adverse impact on na- tional security or the national economy; and (C) results, or is likely to result, from an interruption in the energy supplies of the United States, including supplies of im- ported petroleum products, or from sabotage or an act of God. (2) The term ‘‘international energy pro- gram’’ has the meaning given that term in section 6202(7) of this title. (3) The term ‘‘motor fuel’’ means gasoline and diesel fuel. (4) 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 or any agency of the United States or any State or political subdivision thereof. (5) The term ‘‘vehicle’’ means any vehicle propelled by motor fuel and manufactured pri- marily for use on public streets, roads, and highways. (6) The term ‘‘Secretary’’ means the Sec- retary of Energy. (7) The term ‘‘Governor’’ means the chief ex- ecutive officer of a State. (8) The term ‘‘State’’ means a State, the Dis- trict of Columbia, the Commonwealth of Puer- to Rico, or any territory or possession of the United States. (Pub. L. 96–102, title II, § 202, Nov. 5, 1979, 93 Stat. 757.) SUBCHAPTER I—EMERGENCY ENERGY CONSERVATION PROGRAM § 8511. National and State emergency conserva- tion targets (a) Determination and publication of targets (1) Whenever the President finds, with respect to any energy source for which the President de- termines a severe energy supply interruption ex- ists or is imminent or that actions to restrain domestic energy demand are required in order to fulfill the obligations of the United States under the international energy program, the Presi- dent, in furtherance of the purposes of this chap- ter, may establish monthly emergency conserva- tion targets for any such energy source for the Nation generally and for each State. (2) Any finding of the President under para- graph (1) shall be promptly transmitted to the Congress, accompanied by such information and analysis as is necessary to provide the basis for such finding, and shall be disseminated to the public. (3)(A) The State conservation target for any energy source shall be equal to (i) the State base period consumption reduced by (ii) a uniform national percentage. (B) For the purposes of this subsection, the term ‘‘State base period consumption’’ means, for any month, the product of the following fac- tors, as determined by the President: (i) the consumption of the energy source for which a target is established during the cor- responding month in the 12-month period prior to the first month for which the target is es- tablished; and (ii) a growth adjustment factor, which shall be determined on the basis of the trends in the use in that State of such energy source during the 36-month period prior to the first month for which the target is established. (C)(i) The President shall adjust, to the extent he determines necessary, any State base period consumption to insure that achievement of a target established for that State under this sub- section will not impair the attainment of the objectives of section 753(b)(1) 1 of title 15. Page 7619 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8512 (ii) The President may, to the extent he deter- mines appropriate, further adjust any State base period consumption to reflect— (I) reduction in energy consumption already achieved by energy conservation programs; (II) energy shortages which may affect en- ergy consumption; and (III) variations in weather from seasonal norms. (D) For purposes of this subsection, the uni- form national percentage shall be designed by the President to minimize the impact on the do- mestic economy of the projected shortage in the energy source for which a target is established by saving an amount of such energy source equivalent to the projected shortage, taking into consideration such other factors related to that shortage as the President considers appro- priate. (b) Notification and publication of targets The President shall notify the Governor of each State of each target established under sub- section (a) for that State, and shall publish in the Federal Register, the targets, the base pe- riod consumption for each State and other data on which the targets are based, and the factors considered under subsection (a)(3). (c) Establishment of targets for Federal agencies In connection with the establishment of any national target under subsection (a) the Presi- dent shall make effective an emergency energy conservation plan for the Federal Government, which plan shall be designed to achieve an equal or greater reduction in use of the energy source for which a target is established than the na- tional percentage referred to in subsection (a)(3)(D). Such plan shall contain measures which the President will implement, in accord- ance with other applicable provisions of law, to reduce on an emergency basis the use of energy by the Federal Government. In developing such plan the President shall consider the potential for emergency reductions in energy use— (1) by buildings, facilities, and equipment owned, leased, or under contract by the Fed- eral Government; and (2) by Federal employees and officials through increased use of car and van pooling, preferential parking for multipassenger vehi- cles, and greater use of mass transit. (d) Review of targets (1) From time to time, the President shall re- view and, consistent with subsection (a), modify to the extent the President considers appro- priate the national and State energy conserva- tion targets established under this subsection. (2) Any modification under this paragraph shall be accompanied by such information and analysis as is necessary to provide the basis therefor and shall be available to the Congress and the public. (3)(A) Before the end of the 12th month fol- lowing the establishment of any conservation target under this section, and annually there- after while such target is in effect, the President shall determine, for the energy source for which that target was established, whether a severe energy supply interruption exists or is immi- nent or that actions to restrain domestic energy demand are required in order to fulfill the obli- gations of the United States under the inter- national energy program. The President shall transmit to the Congress and make public the information and other data on which any deter- mination under this subparagraph is based. (B) If the President determines such an energy supply interruption does not exist or is not im- minent or such actions are not required, the conservation targets established under this sec- tion with respect to such energy source shall cease to be effective. (e) Determination and publication of actual con- sumption nationally and State-by-State Each month the Secretary shall determine and publish in the Federal Register (1) the level of consumption for the most recent month for which the President determines accurate data is available, nationally and for each State, of any energy source for which a target under sub- section (a) is in effect, and (2) whether the tar- gets under subsection (a) have been substan- tially met or are likely to be met. (f) Presidential authority not to be delegated Notwithstanding any other provision of law, the authority vested in the President under this section may not be delegated. (Pub. L. 96–102, title II, § 211, Nov. 5, 1979, 93 Stat. 758.) Editorial Notes REFERENCES IN TEXT Section 753 of title 15, referred to in subsec. (a)(3)(C)(i), was omitted from the Code pursuant to sec- tion 760g of Title 15, Commerce and Trade, which pro- vided for the expiration of the President’s authority under that section on Sept. 30, 1981. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (d)(3)(A) of this section is listed in the 19th item on page 19), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 8512. State emergency conservation plan (a) State emergency conservation plans (1)(A) Not later than 45 days after the date of the publication of an energy conservation target for a State under section 8511(b) of this title, the Governor of that State shall submit to the Sec- retary a State emergency conservation plan de- signed to meet or exceed the emergency con- servation target in effect for that State under section 8511(a) of this title. Such plan shall con- tain such information as the Secretary may rea- sonably require. At any time, the Governor may, with the approval of the Secretary, amend a plan established under this section. (B) The Secretary may, for good cause shown, extend to a specific date the period for the sub- mission of any State’s plan under subparagraph (A) if the Secretary publishes in the Federal Register notice of that extension together with the reasons therefor.