§ 6303. Enforcement

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Energy Policy and Conservation Act

   Pub. L. 94–163 title III § 333 · 89 Stat. 871

   Enacted · 42 U.S.C. § 6303

   Pub. L. 94–163, title III, § 333, Dec. 22, 1975, 89 Stat. 929

   Source evidence

   Code source credit
   Pub. L. 94–163, title III, § 333, Dec. 22, 1975, 89 Stat. 929

   Enacted provision · exact public law section
   Sec. 333. enforcement (a) Except as provided in subsection (b), any person Penalties. 42 USC 6303. who knowingly violates any provision of section 332 shall be subject to a civil penalty of not more than $100 for each violation. Such penalties shall be assessed by the Commission, except that penalties for violations of section 332(a) (3) which relate to requirements prescribed by the Administrator, violations of section 332(a) (41 which relate to requests of the Administrator under section 326(b) (2) , or violations of section 332(a)(5) shall be assessed by the Administrator. Civil penalties assessed under this part may be compromised by the agency or officer authorized to assess the penalty, taking into account the nature and degree of the violation and the impact of the penalty upon a particular respondent. Each violation of paragraph (1), (2), or (5) of section 332(a) shall constitute a separate violation with respect to each covered product, and each day of violation of section 332(a) (3) or (4) shall constitute a separate violation. (b) As used in subsection (a), the term “knowingly” means (1) Knowingly.’ the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care. (c) It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) of the Federal 15 USC 45. Trade Commission Act) for any person to violate section 323(d) (2).

2. 1978

   Pub. L. 95–619 title IV · 92 Stat. 3206

   1. Substituted · 42 U.S.C. § 6303(a)

      Pub. L. 95–619, §§ 425(e)(1), 691(b)(2), substituted “Secretary” for “Administrator”

   2. Substituted · 42 U.S.C. § 6303(a)

      Pub. L. 95–619, §§ 425(e)(1), 691(b)(2), substituted “subsection (c)” for “subsection (b)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–619, §§ 425(e)(1), 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing, and “subsection (c)” for “subsection (b)”.

   Enacted provision · exact public law
   TITLE IV— ENERGY EFFICIENCY OF CERTAIN PRODUCTS AND PROCESSES PART 1— ENERGY EFFICIENCY STANDARDS FOR AUTOMOBILES SEC. 401. FUEL ECONOMY INFORMATION. (a) Amendment to Section 506.— (1) Section 506(c) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2006(c)) is amended by adding at the end thereof the following: “(3) As used in this section, the term ‘automobile’ includes any automobile with a gross vehicle weight rating of 8,500 pounds or less, notwithstanding any lack of determination required of the Secretary under section 501(1) (B) (ii) or (iii).”. (2) Section 506(c)(2) of such Act (15 U.S.C. 2006(c)(2)) is amended by inserting before the period the following: “(taking into account paragraph (3) of this subsection)”. (b) Rule of Construction.— The amendment made by this section shall not be construed to affect the authority in section 506 of the Motor Vehicle Information and Cost Savings Act to require labels or other information for fuel economy for automobiles rated in excess of 8,500 pounds gross vehicle weight. (c) Effective Date.— The amendment made by subsection (a) shall be effective for automobiles manufactured in model years after model year 1979. SEC. 402. CIVIL PENALTIES RELATING TO AUTOMOBILE FUEL EFFICIENCY. Section 508 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2008) is amended by adding at the end thereof the following new subsections: “(d) (1) (A) The Secretary shall, by rule in accordance with the provisions of this subsection and subsection (e), substitute a higher amount for the amount per tenth of a mile per gallon which would be used to calculate the civil penalty under subsection (b)(1) in the absence of such rule, if the Secretary finds that— “(i) the additional amount of the civil penalty which may be imposed under such rule will result in, or substantially further, substantial energy conservation for automobiles in future model years for which such higher penalty may be imposed; and “(ii) subject to subparagraph (B), such additional amount of civil penalty will not result in substantial deleterious impacts on the. economy of the United States or of any State or region of any State. “(B) Any findings under subparagraph (A)(ii) may be made only if the Secretary finds that it is likely that— “(i) such additional amount of civil penalty will not cause a significant increase in unemployment in any State or region thereof; “(ii) such additional amount will not adversely affect competition; and “(iii) such additional amount will not cause a significant increase in automobile imports. “(2) Any rule under paragraph (1) may not provide that the amount per tenth of a mile per gallon used to calculate the civil penalty under subsection (b)(1) be less than $5.00 or more than $10.00. “(3) Any rule prescribed under paragraph (1) shall be effective for the later of— “(A) automobile model years beginning after model year 1981, or “(B) automobile model years beginning at least 18 months after such rule becomes final. “(4) Any rule prescribed under paragraph (1) shall provide that the amount per tenth of a mile per gallon used to calculate a credit under subsection (a)(3) for any model year shall equal the amount per tenth of a mile per gallon applicable to the calculation of the civil penalty for which the credit is allowed. “(e) (1) (A) After the Secretary of Transportation develops a proposed Publication in Federal Register. rule pursuant to subsection (d), he shall publish such proposed Federal Register, rule in the Federal Register, together with a statement of the basis for such rule, and provide copies thereof to the manufacturers. He shall then provide a period of public comment on such rule of at least 45 days for written comments thereon. A copy of any such proposed rule shall be transmitted by the Secretary to the Federal Trade Commission and the Secretary shall request such Commission to comment thereon within the period provided to the public concerning such proposed rule. “(B) After such written comment period, any interested person, (including the Federal Trade Commission) shall be afforded an opportunity to present oral data, views, and arguments at a public hearing concerning such proposal. At such hearing such interested person (including the Federal Trade Commission) shall have an opportunity to question— “(i) other interested persons who make oral presentations. “(ii) employees and contractors of the United States who have made written or oral presentations or who have participated in the development of the proposed rule or in the consideration thereof, and “(iii) experts and consultants who have provided information to any person who makes an oral presentation and which is contained in or referred to in such presentation; with respect to disputed issues of material fact, except that the Secretary may restrict questioning if he determines that such questioning is duplicative or is not likely to result in a timely and effective resolution of such issues. Any oral or documentary evidence may lie received, but the Secretary as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. “(C) A rule, subject to this subsection may not be issued except on consideration of the whole record supported by, and in accordance with, the reliable, probative, and substantial evidence. “(D) A transcript shall be kept of any such public hearing made in accordance with this section and such transcripts and written comments shall be available to the public at the cost of reproduction. “(2) Publication in Federal Register. If any final rule is prescribed by the Secretary after such Federal Register, public comment period under subsection (d) it shall be published in the Federal Register, together with each of the findings required by subsection (d). “(3) (A) Any person aggrieved by any final rule under subsection (d) may at any time before the 60th day after the date such rule is published under paragraph (2) file a petition with the United States Court of Appeals for the circuit wherein such person resides, or has his principal place of business, for judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the. Secretary. The Secretary thereupon shall file in the court the written submissions to, and transcript of, the written and oral proceedings on which the rule was based, as provided in section 2112 of title 28, United States Code. “(B) Upon the filing of the petition referred to in paragraph (1), the. court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant appropriate relief as provided in such chapter. No rule may be affirmed unless supported by substantial evidence. “(C) 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, United States Code. “(4) In the case of any information which is provided the Secretary or the court during the consideration and review of any such rule and which is determined to be confidential by the Secretary pursuant to the provisions of section 11(d) of the Energy Supply and Environmental 15 USC 796. Coordination Act of 1974. any disclosure of such information by an officer or employee of the United States or of any department or agency thereof, except in an in camera proceeding by the Secretary or the court, shall be deemed a violation of section 1905 of title 18, United States Code.” SEC. 403. DISCLOSURE IN LABELING. (a) Disclosure.— Section 506(a)(1) of the Motor Vehicle. Information and Cost Savings Act (15 U.S.C. 2006(a)(1)) is amended by striking out “and” at the end of subparagraph (B), by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph: “(C) containing in the case of any automobile, the sale of which is subject to any Federal tax imposed with respect, to automobile fuel efficiency, a statement indicating the amount of such tax, and”. (b) Time and Manner of Disclosure.— Section 506(a) (3) of such Act (15 U.S.C. 2006(a)(3)) is amended by inserting after the first sentence thereof the following new sentence: “The time and manner by which the statement referred to in paragraph (1) (C) must be included on any label may be prescribed so as to take into account any special circumstances or characteristics.”. (c) Effective Date.— The amendments made by this section shall 15 USC 2006 note. not take effect unless and until there is in effect a Federal tax imposed with respect to automobile fuel efficiency which is enacted during the Ninety-fifth Congress. SEC. 404. STUDY. Within six months after the date of the Report to Congress. 15 USC 2006 note. enactment of this Act, the Environmental Protection Agency, in consultation with the Secretary of Energy and the Secretary of Transportation and after an opportunity for public comment, shall submit to the Congress a detailed report on the degree to which fuel economy estimates required to be used in new car fuel economy labeling and in the annual fuel economy mileage guide required under section 506 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2006) provide a realistic estimate of average fuel economy likely to be achieved by the driving public. Such report shall include such recommendations as the Environmental Protection Agency deems appropriate based on report, and written findings or conclusions stated therein, other than recommendations concerning changes or alterations in the testing and calculation procedures and methods measuring fuel economy under such Act as utilized by the Environmental Protection Agency for model year 1975 passenger automobiles. Nothing in this section shall authorize such agency to make any changes or alterations in such procedures and methods in effect for such model year for measuring automobile fuel economy. PART 2— ENERGY EFFICIENCY STANDARDS FOR CONSUMER PRODUCTS OTHER THAN AUTOMOBILES SEC. 421. TEST PROCEDURES. (a) Prescription of Test Procedures.— Section 323(a)(4) of the Energy Policy and Conservation Act (42 U.S.C. 6293(a)(4)) is amended— (1) in subparagraph (A), by striking out “(A) Except as provided in paragraph (6), the” and inserting in lieu thereof “The”; (2) in subparagraph (A), by adding at the end thereof the following: “Except as provided in paragraph (6), such test procedures shall be prescribed not later than January 31, 1978.” and (3) by striking out subparagraph (B). (b) Extensions.— Section 323(a)(6) of such Act (42 U.S.C. 6293(a) (6) ) is amended to read as follows: “(6) (A) The Secretary may delay the prescription of test procedures Publication in Federal Register. under paragraph (4) for a type of covered product (or class thereof) if he determines that he cannot, within the applicable time period, prescribe test procedures applicable to such type (or class) which meet the requirements of subsection (b), and he submits to the Congress a report of such determination together with the reasons therefor, and also publishes such determination (and reasons) in the Federal Register. In any such case, he shall prescribe such test procedures as soon as practicable, but in no event later than 90 days after the date specified in paragraph (4). “(B) Publication in Federal Register. The Secretary is not required to publish and prescribe test procedures under paragraphs (3) and (4) for a type of covered product (or class thereof) if he determines, by rule, that test procedures cannot be developed which meet the requirements of subsection (b) and publishes such determination in the Federal Register, together with the reasons therefor. For purposes of section 327, a determination under this subparagraph with respect to any type (or class) of covered product, while effective, shall have the same effect as would a standard prescribed for such type (or class) under section 325.”. (c) Reevaluations of Test Procedures, Etc.— Section 323(a) of such Act (42 U.S.C. 6293(a)) is amended by adding at the end thereof the following: “(7) (A) Tn the case of— “(i) any test procedure prescribed under this subsection; or “(ii) any determination under paragraph (6) that a test procedure cannot be developed which meets the requirements of subsection (b); the Secretary shall, not later than 3 years after the date of the enactment of this paragraph (and from time to time thereafter), conduct a reevaluation and, on the basis of such reevaluation, shall determine if such test procedure should be amended or such determination should be rescinded. Tn conducting such reevaluation, the Secretary shall take into account such information as he deems relevant, including technological developments relating to the energy efficiency of the type (or class) of covered products involved. “(B) Publication in Federal Register. If the Secretary determines under subparagraph (A) that— “(i) a test procedure should be amended, he shall promptly publish in the Federal Register proposed test procedures incorporating such amendments, or “(ii) a determination under paragraph (6) should be rescinded, he shall promptly publish notice thereof in the Federal Register, and afford interested persons an opportunity to present oral and written data, views, and arguments. Such comment period shall not be less than 45 days.”. (d) Energy Efficiency Representations.— Section 323(c) of such Act (42 U.S.C. 6293 (c)) is amended— (1) by striking out “90 days” and inserting in lieu thereof “180 days”; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) by inserting “(1) ” after “(c)”: and (4) by adding at the end thereof the following new paragraph: “(2) On the petition of any manufacturer, distributor, retailer, or private labeler, filed not later than the 60th day before the expiration of the period involved, the 180-day period referred to in paragraph (1) may be extended by the Commission with respect to the petitioner (but in no event for more than an additional 180 days) if he finds that the requirements of paragraph (1) would impose on such petitioner an undue hardship (as determined by the Commission).”. SEC. 422. ENERGY EFFICIENCY STANDARDS. Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended to read as follows: “Sec. 325. “energy efficiency standards (a) (1) The Secretary shall, by rule, prescribe an energy efficiency standard for each type (or class) of covered products specified in paragraphs (1) through (13) of section 322(a). “(2) The Secretary may, by rule, prescribe an energy efficiency standard for any type (or class) of covered products of a type specified in paragraph (14) of section 322 (a), if he determines, for the purposes of this section, that— “(A) the average per household energy use within the United States by products of such type (or class) exceeded 150 kilowatt-hours (or its Btu equivalent) for any 12-calendar-month period ending before such determination; “(B) the aggregate household energy use within the United States by products of such type (or class) exceeded 4,200,000,000 kilowatt-hours (or its Btu equivalent) for any such 12-calendar-month period; “(C) substantial improvement in the energy efficiency of products or such type (or class) is technologically feasible; and “(D) the application of a labeling rule under section 324 to such type (or class) is not likely to be sufficient to induce manufacturers to produce, and consumers and other persons to purchase, covered products of such type (or class) which achieve the maximum energy efficiency which is technologically feasible to attain and is economically justified. Not later than 2 years after the date of the enactment of this paragraph, Publication in Federal Register. the Secretary shall publish in the Federal Register a list of those types (and classes) of covered products which he considers may be subject to standards authorized to be prescribed under this paragraph. The Secretary may revise such list from time to time thereafter. “(b) No standard for a type (or class) of covered products shall be prescribed pursuant to subsection (a) if— “(1) a test procedure has not been prescribed pursuant to section 323 with respect to that type (or class) of products, or “(2) the Secretary determines, by rule, that the establishment of such standard will not result in significant conservation of energy or that the establishment of such standard is not technologically feasible or economically justified. For purposes of section 327, a determination under paragraph (2) with respect to any type (or class) of covered products shall have the same effect as would a standard prescribed for such type (or class) under this section. “(c) Energy efficiency standards for each type (or class) of covered products prescribed under this section shall be designed to achieve the maximum improvement in energy efficiency which the Secretary determines is technologically feasible and economically justified. Such standards may be phased in. over a period not in excess of 5 years, through the establishment of intermediate standards, as determined by the Secretary. “(d) Before determining whether a standard is economically justified under subsection (c), the Secretary, after receiving any views and comments furnished with respect to the proposed standard under section 336, shall determine that the benefits of the standard exceed its burdens based, to the greatest extent practicable, on a weighing of the following factors: “(1) the economic impact of the standard on the manufacturers and on the consumers of the products subject to such standard, “(2) the savings in operating costs throughout the estimated average life of the covered products in the type (or class), compared to any increase in the price of, or in the initial charges for, or maintenance, expenses of, the covered products which are likely to result from the imposition of the standard, “(3) the total projected amount of energy savings likely to result directly from the imposition of the standard, “(4) any lessening of the utility or the performance of the covered products likely to result from the imposition of the standard, “(5) the impact of any lessening of competition determined in writing by the Attorney General that is likely to result from the imposition of the standard, “(6) the need of the Nation to conserve energy, and “(7) any other factors the Secretary considers relevant. For purposes of paragraph (5), the Attorney General shall, not later than 60 days after the publication of a proposed rule prescribing an energy efficiency standard, make a determination of the impact, if any, from any lessening of competition likely to result from such standard and transmit such determination in writing to the Secretary, together with an analysis of the nature and extent of such impact. Any such determination and analysis shall be published by the Secretary in the Federal Register. “(e) (1) Subject to paragraph (2), the Secretary may, on application of any manufacturer, exempt such manufacturer from all or part of the requirements of any rule prescribing an energy efficiency standard under this section for any period which does not extend beyond the date which is 24 months after the date such rule is prescribed, if the Secretary finds that the annual gross revenues to such manufacturer for the preceding 12-month period from all its operations (including the manufacture and sale of covered products) does not exceed $8,000,000. In making such finding in the case of any manufacturer, the Secretary shall take into account the annual gross revenues of any other person who controls, is controlled by, or is under common control with, such manufacturer. “(2) The Secretary may not exercise the authority granted under paragraph (1) with respect to any type (or class) of covered product subject to an energy efficiency standard established under this section unless he makes a finding, after obtaining the written views of the Attorney General, that a failure to allow an exemption under paragraph (1) would likely result in a lessening of competition. “(f) (1) A rule prescribing an energy efficiency standard for a type (or class) of covered products shall specify a level of energy efficiency higher or lower than that which applies (or would apply) for such type (or class) for any group of covered products which have the same function or intended use. if the Secretary, in his discretion, determines that covered products within such group— “(A) consume a different kind of energy from that consumed by other covered products within such type (or class), or “(B) have a capacity or other performance-related feature which other products within such type (or class) do not have, justifying a higher or lower standard from that which applies (or will apply) to other products within such type (or class). In determining under this paragraph whether a performance-related feature justifies the establishment of a higher or lower standard, the Secretary shall consider such factors as the utility to the consumer of such a feature, and such other factors as he deems appropriate. “(2) Any rule prescribing a higher or lower level of energy efficiency under paragraph (1) shall include an explanation of the basis on which such higher or lower level was established. “(g) In prescribing energy efficiency standards under this section, the Secretary shall give priority to the establishment of energy efficiency standards for types of products (or classes thereof) specified in paragraphs (1). (2), (4). (5). (6). (7). (9). (12), and (13) of section 322(a). “(h) (1) Not later than 5 years after prescribing an energy efficiency Publication in Federal Register. standard under this section (and from time to time thereafter), the Secretary shall— “(A) conduct a reevaluation in order to determine whether such standard should be. amended in any manner, and “(B) make, and publish in the Federal Register, such determination. Tn conducting such reevaluation, the Secretary shall take into account such information as he deems relevant, including technological developments with respect to the type, (or class) of covered products involved, and the economic impact of the standard. “(2) If the Secretary determines under paragraph (1) that a standard should be amended, he shall promptly publish a proposed rule incorporating such amendments and afford interested persons an opportunity to present oral and written data, views, and arguments. Such comment period shall not be less than 45 days. “(i) Any energy efficiency standard shall be prescribed in accordance with the following procedure: “(1) The Secretary shall (A) publish an advance notice of proposed rulemaking which specifies the type (or class) of covered products to which the rule is likely to apply, and (B) invite interested persons to submit, within 45 days after the date of publication of such advance notice, written presentations of data, views, and arguments relevant to establishing such an energy efficiency standard. “(2) An advance notice of proposed rulemaking under paragraph (1) shall be published by the Secretary— “(A) in the case of types of covered products (or classes thereof) of the types specified in paragraphs (1). (2), (4), (5). (6). (7), (9), (12), and (13) of section 322(a), not later than 30 days after a test procedure with respect to that type of covered products (or class thereof) has been prescribed, or 45 days after the date of the enactment of this subparagraph, whichever is later; and “(B) in the case of types of covered products (or classes thereof) specified in paragraphs (3), (8), (10), and (11). of section 322(a). not later than 30 days after a test procedure with respect, to that type (or class) of covered products has been prescribed, or one year after the date of the enactment of this subparagraph, whichever is later. “(3) A proposed rule which prescribes an energy efficiency standard for a type (or class) of covered products may not be published earlier than 60 days after the date of publication of advance notice of proposed rulemaking for such type (or class). The Secretary shall determine the maximum improvement in energy efficiency that is technologically feasible for each type (or class) of covered products in prescribing such standard and if such standard is not designed to achieve such efficiency, the Secretary shall state in the proposed rule the reasons therefor. After the publication of such proposed rulemaking, the Secretary shall afford interested persons, in accordance with section 336, an opportunity to present oral and written comments (including an opportunity to question those who make such presentations, as provided in such section) on matters relating to such proposed rule, including— “(A) whether the standard to be prescribed is economically justified (taking into account those factors which the Secretary must consider under subsection (d)), “(B) whether the standard will achieve the maximum improvement in energy efficiency which is technologically feasible, “(C) if the standard will not achieve such improvement, whether the reasons for not achieving such improvement are adequate, and “(D) whether such rule should prescribe a level of energy efficiency which is higher or lower than that which would otherwise apply in the case of any group of products within the type (or class) to be subject to such standard. “(4) A rule prescribing an energy efficiency standard for a type (or class) of covered products may not be published earlier than 60 days after the date of publication of the proposed rule under this section for such type (or class). Such rule shall be published as soon as practicable after such 60-day period, but in no event later than 2 years Publication in Publication in Federal Register. after publication of the advance notice. Such rule shall take effect not Federal Register, earlier than 180 days after the date of its publication in the Federal Register. Such rule (or any amendment thereto) shall not apply to any covered products the manufacturer of which was completed before the effective date of the rule or amendment as the case may be. “(j) An energy efficiency standard prescribed under this section shall include test procedures prescribed in accordance with section 323, and may include any requirement which the Secretary determines is necessary to assure that each covered product to which such standard applies meets the required minimum level of energy efficiency specified in such standard.”. SEC. 423. ASSESSMENT OF CIVIL PENALTIES. Section 333 of the Energy Policy and Conservation Act (42 U.S.C. 6303) is amended by adding at the end thereof the following new subsection: . “(d) (1) Before issuing an order assessing a civil penalty against any person under this section, the Secretary shall provide to such person notice of the proposed penalty. Such notice shall inform such person of his opportunity to elect in writing within 30 days after the date of receipt of such notice to have the procedures of paragraph (3) (in lieu of those of paragraph (2)) apply with respect to such assessment. “(2) (A) Unless an election is made within 30 calendar days after receipt of notice under paragraph (1) to have paragraph (3) apply with respect to such penalty, the Secretary shall assess the penalty, by order, after a determination of violation has been made on the record after an opportunity for an agency hearing pursuant to section 554 of title 5, United States Code, before an administrative law judge appointed under section 3105 of such title 5. Such assessment order shall include the administrative law judge’s findings and the basis for such assessment. . . “(B) Any person against whom a penalty is assessed under this paragraph may, within 60 calendar days after the date of the order of the Secretary assessing such penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5, United States Code. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the Secretary, or the court may remand the proceeding to the Secretary for such further action as the court may direct. “(3) (A) In the case of any civil penalty with respect to which the procedures of this paragraph have been elected, the Secretary shall promptly assess such penalty, by order, after the date of the receipt of the notice under paragraph (1) of the proposed penalty. “(B) If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (A), the Secretary shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment. “(C) Any election to have this paragraph apply may not be revoked except with the consent of the Secretary. “(4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order under paragraph (2), or after the appropriate district court has entered final judgment in favor of the Secretary under paragraph (3), the Secretary shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. “(5) (A) Notwithstanding the provisions of title 28, United States Code, or section 502(c) of the Department of Energy Organization Act, the Secretary shall be represented by the general counsel of the 42 USC 7192. Department of Energy (or any attorney or attorneys within the Department of Energy designated by the Secretary) who shall supervise, conduct, and argue any civil litigation to which paragraph (3) of this subsection applies (including any related collection action under paragraph (4)) in a court of the United States or in any other court, except, the Supreme Court. However, the Secretary or the general counsel shall consult with the Attorney General concerning such litigation, and the Attorney General shall provide, on request, such assistance in the conduct of such litigation as may be appropriate. “(B) Subject to the provisions of section 502(c) of the Department of Energy Organization Act, the Secretary shall be represented by the Attorney General, or the Solicitor General, as appropriate, in actions under this subsection, except to the extent provided in subparagraph (A) of this paragraph. “(C) Section 402(d) of the Department of Energy Organization Act shall not apply with respect to the functions of the Secretary under 42 USC 7172. this subsection. “(6) For purposes of applying the preceding provisions of this subsection in the case of the assessment of a penalty by the Commission for a violation of paragraphs (1) and (2) of section 332, references in such provisions to ‘Secretary’ and ‘Department of Energy’ shall be considered to be references to the ‘Commission’.” SEC. 424. EFFECT OF STANDARDS ON OTHER LAWS. (a) Interim Preemption.— Section 327(b) of the Energy Policy and Conservation Act (42 U.S.C. 6297(b)) is amended to read as follows: “(b) (1) If a State regulation is prescribed which establishes an energy efficiency standard or other requirement respecting energy use or energy efficiency of a type (or class) of covered products and which is not superseded by subsection (a)(2) or (b)(2), then any person subject to such regulation may file a petition with the Secretary requesting that the Secretary prescribe a rule under this subsection which supersedes such State regulation in whole or in part. The Secretary, after consideration of the petition, the view’s of the affected State, and the comments of any interested person, shall issue such requested rule only if the Secretary finds (and publishes such finding) that— “(A) there is no significant State or local interest sufficient to justify such State regulation; and “(B) such State regulation unduly burdens interstate commerce. “(2) If a State regulation is prescribed after January 1, 1978, which establishes an energy efficiency standard or other requirement respecting energy use or energy efficiency of a type (or class) of covered products and which is not superseded by subsection (a) (2), then such State regulation is superseded. Notwithstanding the requirement of the preceding sentence, such State may file a petition with the Secretary requesting a rule that such State regulation is not superseded pursuant to this paragraph. The Secretary, after consideration of the petition and the comments of interested persons, shall prescribe such rule only if he finds there is a significant State or local interest to justify such State regulations; except that the Secretary may not prescribe such rule if he finds that such State regulation would unduly burden interstate commerce. “(3) Notwithstanding subsection (a)(2), any State prescribing a State regulation which provides an energy efficiency standard or other requirement respecting energy use or energy efficiency for any type (or class) of covered products for which a Federal energy efficiency standard is applicable may file a petition with the Secretary requesting a rule that such regulation not lie superseded. The Secretary, after consideration of the petition and the comments of interested persons, shall prescribe such rule only if he finds (and publishes such finding) that— “(A) there is a significant State or local interest to justify such State regulation; and “(B) such State regulation contains a more stringent energy efficiency standard than such Federal standard; except that the Secretary may not prescribe such rule if he finds that such State regulation would unduly burden interstate commerce. “(4) The Secretary shall give notice of any petition filed under this subsection and afford interested persons a reasonable opportunity to Publication in Federal Register. make written comments thereon. The Secretary, within 6 months after the date any petition is filed, shall deny such petition or prescribe the requested rule, except that the Secretary may publish a notice in the Federal Register extending such period to a date certain. Such notice shall include the reasons for delay. In the case of any denial of a petition under this subsection, the Secretary shall publish in the Federal Register notice of such denial and the reasons for such denial. “(5) The requirement of paragraph (2) shall not continue in effect after July 1, 1980, in the case of any type, (or class) of covered products specified in paragraphs (1) through (13) of section 322(a). (b) Preemption of Certain State Regulations.— Paragraph (2) of section 327(a) of such Act (42 U.S.C. 6297 (a)) is amended by striking out “similar requirement” and inserting in lieu thereof “other requirement”. SEC. 425. TECHNICAL AND CONFORMING AMENDMENTS. (a) Amendment to Section 323(a).— Section 323(a)(3) of the Energy Policy and Conservation Act (42 U.S.C. 6293(a)(3)) is amended— (1) by striking out “Except as provided in paragraph (6), the” and inserting in lieu thereof “The”; and (2) by striking out the last sentence thereof. (b) Amendments to Section 324(a).— Section 324(a) of such Act (42 U.S.C. 6294(a)) is amended— (1) in paragraph (1), by striking out “(or class thereof)” and all that follows and inserting in lieu thereof: “(or class thereof), the Commission determines under the second sentence of subsection (b)(5) that labeling in accordance with this section is not technologically or economically feasible.”; and (2) in paragraph (2), by striking out “(or class thereof)” and all that follows and inserting in lieu thereof: “(or class thereof), the Commission determines under the second sentence of subsection (b)(5) that labeling in accordance with this section is not technologically or economically feasible or is not likely to assist consumers in making purchasing decisions.”. (c) Amendments to Section 324(c).—Section 324(c)(5) of such Act (42 U.S.C. 6294(c)(5)) is amended by inserting “including instructions for the maintenance, use, or repair of the covered product, after “energy consumption,” in the matter following subparagraph (d) Amendments to Section 326.— (1) Section 326 of such Act (42 U.S.C. 6296) is amended by adding at the end thereof the following: “(d) For purposes of carrying out this part, the Secretary may require, under authority otherwise available to him under this part or other provisions of law administered by him, each manufacturer of covered products to submit such information or reports of any kind or nature directly to the Secretary with respect to energy efficiency of such covered products, and with respect to the economic impact of any proposed energy efficiency standard, as the Secretary determines may be necessary to establish and revise test procedures, labeling rules, and energy efficiency standards for such products and to insure compliance with the requirements of this part. The provisions of section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 15 USC 796. shall apply with respect to information obtained under this subsection to the same extent and in the same manner as it applies with respect to energy’ information obtained under section 11 of such Act.”. (2) Section 326(b)(1) of such Act (42 U.S.C. 6296(b)(1)) is amended to read as follows: “(b) (1) Each manufacturer of a covered product to which a rule under section 324 applies shall notify the Secretary or the Commission— “(A) net later than 60 days after the date such rule takes effect, of the models in current production (and starting serial numbers of those models) to which such rule applies; and “(B) prior to commencement of production, of all models subsequently produced (and starting serial numbers of those models) to which such rule applies.”. (3) Paragraph (3) of section 326(b) of such Act (42 U.S.C. 6296(b) (3)) is amended to read as follows: “(3) When requested— “(A) by the Secretary for purposes of ascertaining whether a product subject to a standard prescribed under section 325 is in compliance with that standard, or “(B) by the Commission for purposes of ascertaining whether the information set out on a label of a product, as required under section 324, is accurate, each manufacturer of such a product shall supply at his expense a reasonable number of such covered products to any laboratory designated by the Secretary or the Commission, as the case may be. Any reasonable charge levied by the laboratory for such testing shall be borne by the United States, if and to the extent provided in appropriation Acts.” (e) Amendments to Section 333.— (1) Section 333(a) of such Act (42 U.S.C. 6303(a)) is amended by striking out “subsection (b)” and inserting in lieu thereof “subsection (c) ”. (2) Section 333(c) of such Act (42 U.S.C. 6303(c)) is amended— (A) by striking out “section 323(d) (2)” and inserting in lieu thereof “section 323 (c) ”; and (B) by striking out the period at the end thereof and inserting in lieu thereof “, except to the extent that such violation is prohibited under the provisions of section 332(a) (1), in which case such provisions shall apply.”. (f) Amendments to Section 335.— Section 335(a) of such Act (42 U.S.C. 6305(a)) is amended— (1) by inserting after “or rule,” in the last sentence thereof the following: “or order such Federal agency to perform such act or duty,”, and (2) by striking out the parenthetical clauses in paragraphs (1) and (2) thereof. (g) Amendments to Section 336.— (1) Section 336(a) (1) of such Act (42 U.S.C. 6306(a) (1)) is amended by striking out “(1)”, and by striking out “325(a) (1), (2), or (3)” in the first sentence thereof and inserting “325(a) ” in lieu thereof. (2) Section 336(a)(1)(B) of such Act (42 U.S.C. 6306(a) (1) (B)) is amended by striking out “paragraph (1), (2), or (3) of” in the first sentence thereof. (3) Section 336(a) of such Act (42 U.S.C. 6306(a)) is amended— (A) by redesignating subparagraphs (A) and (B) and clauses (i) and (ii) of subparagraph (B) as paragraphs (1) and (2) and subparagraphs (A) and (B) of paragraph (2), respectively; (B) in paragraph (2) (B), as redesignated under subparagraph (A), by striking out “subparagraph (A)” and inserting “paragraph (1)” in lieu thereof; and (C) in the last sentence thereof, by striking out “paragraph” and inserting “subsection” in lieu thereof. (4) Sections 336(b) (1) and (2) of such Act (42 U.S.C. 6306(b) (1) and (2)) are each amended by Striking out “section 323 or 324” and inserting in lieu thereof “section 323, 324, or 325”. (5) Section 336(b) of such Act (42 U.S.C. 6306(b)) is amended by striking out paragraph (5). (h) Amendment to Section 338.— Section 338 of such Act (42 U.S.C. 6308) is amended by adding at the end thereof the following new sentence: “Each such report shall specify the actions undertaken by the Secretary in carrying out this part during the period covered by such report, and those actions which the Secretary was required to take under this part during such period but which were not taken, together with the reasons therefor.”. SEC. 426. APPROPRIATIONS AUTHORIZATION. (a) Section 339(a) of the Energy Policy and Conservation Act (42 U.S.C. 6309) is amended— (1) by striking out “and” at the end of paragraph (2); and (2) by striking out paragraph (3) and by inserting in lieu thereof the following: “(3) $3,800,000 for fiscal year 1978; and “(4) $10,000,000 for fiscal year 1979. Amounts authorized for such purposes under paragraph (3) shall be in addition to amounts otherwise authorized and appropriated for such purposes.”. (b) Section 339(b) of the Energy Policy and Conservation Act (42 U.S.C. 6309) is amended— (1) by striking out “and” at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and by inserting in lieu thereof the following “; and”; and (3) by adding at the end thereof the following: “(3) $2,000,000 for fiscal year 1979.”. SEC. 427. EFFECTS OF OTHER LAWS ON PROCEDURES. Section 336 of the Energy Policy and Conservation Act (42 U.S.C. 6306) is amended by adding at the end thereof the following: “(c) (1) Titles IV and V of the Department of Energy Organization Act (42 U.S.C. 7191 et seq.) shall not apply with respect to the procedures 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.”. PART 3— ENERGY EFFICIENCY OF INDUSTRIAL EQUIPMENT SEC. 441. ENERGY EFFICIENCY OF INDUSTRIAL EQUIPMENT. (a) In General.— Title III of the Energy Policy and Conservation Act, relating to improving energy efficiency, is amended by 42 USC 6321 et seq. redesignating parts C, D, and E as parts D, E, and F, respectively, and by inserting after part B the following new part: “Part C— Certain Industrial Equipment “Sec. 340. “definitions For purposes of this part— 42 USC 6311. “(1) The term ‘covered equipment’ means one of the following types of industrial equipment: “(A) Electric motors and pumps. “(B) Any other type of industrial equipment which the Secretary classifies as covered equipment under section 341(b). “(2) (A) The term ‘industrial equipment’ means any article of equipment referred to in subparagraph (B) of a type— “(i) which in operation consumes, or is designed to consume, energy; “(ii) which, to any significant extent, is distributed in commerce for industrial or commercial use; and “(iii) which is not a ‘covered product’ as defined in section 321(a) (2), other than a component of a covered product with respect to which there is in effect a determination under section 341(c); without regard to whether such article is in fact distributed in commerce for industrial or commercial use. “(B) The types of equipment referred to in this subparagraph (in addition to electric motors and pumps) are as follows: “(i) compressors; “(ii) fans; “(iii) blowers; “(iv) refrigeration equipment; “(v) air conditioning equipment; “(vi) electric lights; “(vii) electrolytic equipment; “(viii) electric arc equipment; “(ix) steam boilers; “(x) ovens; “(xi) furnaces; “(xii) kilns; “(xiii) evaporators; and “(xiv) dryers. “(3) the term ‘energy efficiency’ means the ratio of the useful output of services from an article of industrial equipment to the energy use by such article, determined in accordance with test procedures under section 343. “(4) The term ‘energy use’ means the quantity of energy directly consumed by an article of industrial equipment at the point of use, determined in accordance with test procedures established under section 343. “(5) The term ‘manufacturer’ means any person who manufactures industrial equipment. “(6) The term ‘label’ may include any printed matter determined appropriate by the Secretary. “(7) The terms ‘energy’, ‘manufacture’, ‘import’, ‘importation’, ‘consumer product’, ‘distribute in commerce’, ‘distribution in commerce’, and ‘commerce’ have the same meaning as is given such terms in section 321. “Sec. 341. “purposes and coverage (a) It is the purpose of this part to improve the efficiency of electric motors and pumps and certain other industrial equipment in order to conserve the energy resources of the Nation. “(b) The Secretary may, by rule, include a type of industrial equipment as covered equipment if he determines that to do so is necessary to carry out the purposes of this part. “(c) The Secretary may, by rule, include as industrial equipment articles which are component parts of consumer products, if he determines that— “(1) such articles are, to a significant extent, distributed in commerce other than as component parts for consumer products; and “(2) such articles meet the requirements of section 340(2) (A) (other than clauses (ii) and (iii)). “Sec. 342. “study of electric motors and pumps and other industrial equipment (a) Not later than 18 months after the date of the enactment 42 USC 6313. of this section, the Secretary shall— “(1) evaluate electric motors and pumps to— “(A) determine standard classifications with respect to size, function, type of energy used, method of manufacture, or other factors which may be appropriate for purpose of this part; and “(B) determine the practicability and effects of requiring all or part of the classes of electric motors and pumps determined under subparagraph (A) to meet performance standards establishing minimum levels of energy efficiency; and “(2) submit a report to the Congress on the results of such evaluation, together with such recommendations for legislation as he considers appropriate. “(b) (1) The Secretary may conduct an evaluation of any type of industrial equipment (other than electric motors or pumps) to— “(A) determine standard classifications with respect to size, function, type of energy used, method of manufacture, or other factors which may be appropriate for purposes of this part; and “(B) determine the practicability and effects of requiring all or part of the classes determined under subparagraph (A) to meet performance standards establishing minimum levels of energy efficiency. “(2) After the completion of an evaluation under paragraph (1), the Secretary shall submit to the Congress a report on such evaluation, together with such recommendations for legislation as he considers appropriate. “(c) (1) In conducting an evaluation under subsection (a) or (b), the Secretary shall, with respect to equipment covered by the evaluation— “(A) identify significant factors that determine energy efficiency, including hours of operation per year and average power consumption at normal use and at full capacity; “(B) estimate current and future equipment population profiles; “(C) estimate the potential for improvements in energy efficiency that in the Secretary’s judgment are both technologically feasible and economically justified; “(D) estimate likely increases or decreases in energy efficiency and total energy savings likely to result from implementation of— “(i) labeling rules, and “(ii) energy efficiency standards; and “(E) examine such other factors as the Secretary determines appropriate. “(2) Before submitting a report to the Congress under subsection Publication in Federal Register. (a) or (b), the Secretary shall— “(A) make available to interested persons copies of the proposed report, publish in the Federal Register notice of availability of such report, and afford interested persons an opportunity (of not less than 60 days’ duration) to present written comments; and “(B) make such modifications of such report as he may consider appropriate on the basis of such comments. “(3) Any standard classification of industrial equipment established under subsection (a) or (b) shall— “(A) define the equipment contained therein; and “(B) characterize the equipment and its general use. “Sec. 343. “test procedures (a) (1) If the Secretary has conducted an evaluation of a class of covered equipment under section 342, he may prescribe test procedures for such class in accordance with the. following provisions of this section. “(2) Test procedures prescribed in accordance with this section shall be reasonably designed to produce test results which reflect energy efficiency, energy use, and estimated operating costs of a type of industrial equipment (or class thereof) during a representative average use cycle (as determined by the Secretary), and shall not be unduly burdensome to conduct. “(3) If the test procedure is a procedure for determining estimated annual operating costs, such procedure shall provide that such costs shall be calculated from measurements of energy use in a representative average-use cycle (as determined by the Secretary), and from representative average unit costs of the energy needed to operate such equipment during such cycle. The Secretary shall provide information to manufacturers of covered equipment respecting representative average unit costs of energy. “(b) Publication in Federal Register. Before prescribing any final test procedures under this section, the Secretary shall— “(1) publish proposed test procedures in the Federal Register; and “(2) afford interested persons an opportunity (of not less than 45 days’ duration) to present oral and written data, views, and arguments on the proposed test procedures. “(d) (1) The Secretary shall, not later than 3 years after the date of prescribing a test procedure under this section (and from time to time thereafter), conduct a reevaluation of such procedure and, on the basis of such reevaluation, shall determine if such test procedure should be amended. In conducting such reevaluation, the Secretary shall take into account such information as he deems relevant, including technological developments relating to the energy efficiency of the type (or class) of covered equipment involved. “(2) If the Secretary determines under paragraph (1) that a test procedure should be amended, he shall promptly publish in the Federal Register proposed test procedures incorporating such amendments and afford interested persons an opportunity to present oral and written data, views, and arguments. Such comment period shall not be less than 45 days’ duration. “(d) (1) Effective 180 days after a test procedure rule applicable to any covered equipment is prescribed under this section, no manufacturer, distributor, retailer, or private labeler may make any representation— “(A) in writing (including any representation on a label), or “(B) in any broadcast advertisement, respecting the energy consumption of such equipment or cost of energy consumed by such equipment, unless such equipment has been tested in accordance with such test procedure and such representation fairly discloses the results of such testing. “(2) On the petition of any manufacturer, distributor, retailer, or private labeler, tiled not later than the 60th day before the expiration of the period involved, the 180-day period referred to in paragraph (1) may be extended by the Secretary with respect to the petitioner (but in no event for more than an additional 180 days) if he finds that the requirements of paragraph (1) would impose on such petitioner an undue hardship (as determined by the Secretary). “(e) The Secretary may direct the National Bureau of Standards to provide such assistance as the Secretary deems necessary to carry out his responsibilities under this part, including the development of test procedures. “Sec. 344. “labeling requirements (a) If the Secretary has prescribed test procedures under Rule. 42 USC 6315. section 343 for any class of covered equipment, he may prescribe a labeling rule applicable to such class of covered equipment in accordance with the following provisions of this section. “(b) A labeling rule prescribed in accordance with this section shall require that each article of covered equipment which is in the type (or class) of industrial equipment to which such rule applies, discloses by label, the energy efficiency of such article, determined in accordance with test procedures under section 343. Such rule may also require that such disclosure include the estimated operating costs and energy use, determined in accordance with test procedures under section 343. “(c) A rule prescribed in accordance with this section may include such requirements as the Secretary determines are likely to assist purchasers in making purchasing decisions, including— “(1) requirements and directions for display of any label, “(2) requirements for including on any label, or separately attaching to, or shipping with, the covered equipment, such additional information relating to energy efficiency, energy use, and other measures of energy consumption, including instructions for the maintenance, use, or repair of the covered equipment, as the Secretary determines necessary to provide adequate information to purchasers, and “(3) requirements that printed matter which is displayed or distributed at the point of sale of such equipment shall disclose such information as may be required under this section to be disclosed on the label of such equipment. “(d) Before prescribing any labeling rules for a type (or class) of covered equipment, the Secretary shall consult with, and obtain the written views of, the Federal Trade Commission with respect to such rules. The Federal Trade Commission shall promptly provide such written views upon the request of the Secretary. “(e) (1) Before prescribing any labeling rules under this section, Publication in Federal Register. the Secretary shall— “(A) publish proposed labeling rules in the Federal Register, and “(B) afford interested persons an opportunity (of not less than 45 days’ duration) to present oral and written data, views, and arguments on the proposed rules. “(2) A labeling rule prescribed under this section shall take effect not later than 3 months after the date of prescription of such rule, except that such rules may take effect not later than 6 months after such date of prescription if the Secretary determines that such extension is necessary to allow persons subject to such rules adequate time to come into compliance with such rules. “(f) The Secretary shall not promulgate labeling rules for any class of industrial equipment unless he has determined that— “(1) labeling in accordance with this section is technologically and economically feasible with respect to such class; “(2) significant energy savings will likely result from such labeling; and “(3) labeling in accordance with this section is likely to assist consumers in making purchasing decisions. “(g) When requested by the Secretary, any manufacturer of industrial equipment to which a rule under this section applies shall supply at the manufacturer’s expense a reasonable number of articles of such covered equipment to any laboratory or testing facility designated by the Secretary, or permit representatives of such laboratory or facility to test such equipment at the site where it is located, for purposes of ascertaining whether the information set out on the label, or otherwise required to be disclosed, as required under this section, is accurate. Any reasonable charge levied by the laboratory or facility for such testing shall be borne by the United States, if and to the extent provided in appropriations Acts. “(h) A labeling rule under this section shall not apply to any article of covered equipment the manufacture of which was completed before the effective date of such rule. “(i) Until such time as labeling rules under this section take effect with respect to a type (or class) of covered equipment, this section shall not affect any authority of the Commission under the Federal 15 USC 58. Trade Commission Act to require labeling with respect to energy consumption of such type (or class) of covered equipment. “Sec. 345. “administration’, penalties, and enforcement (a) The provisions of section 326 (a), (b), and (d) and sections 328 through 336 shall apply with respect to this part to the same extent and in the same manner as they apply in part B. In applying such provisions for the purposes of this part— “(1) references to sections 323 and 324 shall be considered as references to sections 343 and 344, respectively; “(2) references to ‘this part’ shall be treated as referring to part C; “(3) the term ‘equipment’ shall be substituted for the term ‘product’; and “(4) the term ‘Secretary’ shall be substituted for ‘Commission’ each place it appeal’s (other than in section 333(c)). “Sec. 346. “authorization of appropriations (a) There are hereby authorized to be appropriated to carry out the purposes of this subpart— “(1) $2,000,000 for fiscal year 1978: and “(2) $3,000,000 for fiscal year 1979.”. (b) Technical Amendments.— The table of contents for the Energy Policy and Conservation Act is amended— (1) by striking out “Part C”, “Part D”, and “Part E” in the items relating to parts C, D, and E of title III of such Act and inserting in lieu thereof “Part D”, “Part E”, and “Part F”, respectively, and (2) by inserting after the item relating to section 339 the following: “Part C— Certain Industrial Equipment “Sec. 340. Definitions. “Sec. 341. Purpose and coverage. “Sec. 342. Study of electric motors and pumps and other Industrial equipment. “Sec. 343. Test procedures. “Sec. 344. Labeling requirements. “Sec. 345. Administration, penalties, and enforcement. “Sec. 346. Authorization of appropriations.”. PART 4— ENERGY EFFICIENCY BY USE OF RECOVERED MATERIALS SEC. 461. USE OF RECOVERED MATERIALS. (a) Findings.— The Congress finds that— 42 USC 6344a note. (1) significant amounts of industrial energy and other scarce natural resources are conserved in certain major energy-consuming industries where recovered materials are utilized in their manufacturing operations; (2) substantial additional volumes of industrial energy and other scarce natural resources will be conserved in future years if such major energy-consuming industries increase to the maximum feasible extent utilization of recovered materials in their manufacturing operations; (3) millions of tons of recoverable materials which could be used by such industries are needlessly wasted and buried each year at great cost to State and local governments, while technology and methods exist whereby those materials could readily be made available for utilization; and (4) the recovery and utilization of such recovered materials can substantially reduce the dependence of the United States on foreign natural resources and reduce the growing deficit in its balance of payments. (b) Purposes.— The purposes of this subtitle are to conserve valuable energy and scarce natural resources, promote the national security, and protect the environment by— (1) directing that targets for increased industrial utilization of recovered materials be established for certain major energy-consuming industries; (2) creating procedures whereby such industries may cooperate with the Federal Government in the establishment and achievement of such targets; and (3) providing incentives for increased industrial utilization of energy-saving recovered materials in such major energy-consuming industries. (c) Targets for Use of Recovered Materials.— Part E of title III of the Energy Policy and Conservation Act, as redesignated by section 441(b) (2) of this Act, is amended by inserting the following new section after section 374: “Sec. 374A. “targets for use of recovered materials (a) For purposes of this section, the term ‘energy-saving “Energy-saving recovered materials.” 42 USC 6344a. 42 USC 690i note. recovered materials’ means aluminum, copper, lead, zinc, iron, steel, paper and allied paper products, textiles, and rubber, recovered from solid waste, as defined in the Solid Waste Disposal Act. “(b) Within one year after the date of the enactment of this section, the Secretary shall set targets for increased utilization of energy-saving recovered materials for each of the following industries: the metals and metal products industries, the paper and allied products industries, the textile mill products industry, and the rubber industry. Publication in Federal Register. Such targets— “(1) shall be based on the best available information, “(2) shall be established at levels which represent the maximum feasible increase in utilization of energy-saving recovered materials each such industry can achieve progressively by January 1, 1987, and “(3) shall be published in the Federal Register, together with a statement of the basis and justification for such targets. “(c) In establishing targets under subsection (b), the Secretary shall consult with the Administrator of the Environmental Protection Agency and with each of the major industries subject to this section, and shall consider— “(1) the technological and economic ability of each such industry progressively to increase its utilization of energy-saving recovered materials by January 1, 1987, and “(2) all actions taken or which before such date could be taken by each such industry, or by Federal, State, or local governments to increase that industry’s utilization of energy-saving recovered materials. “(d) Any target established under subsection (b) may be modified if the Secretary— “(1) determines that such target cannot reasonably be attained, or that it should require greater use of energy-saving recovered materials, and “(2) publishes such determination in the Federal Register, together with a basis and justification for such modification. “(e) Report, submission. Within each of the industries subject to this section, the Secretary shall notify each corporation which is a major energy consumer (within the meaning of section 373) of the requirements of this section. Not later than January 1, 1979, the chief executive officer of each such corporation (or individual designated by such officer) shall include in his report to the Secretary under section 375, or if section 376(g) applies, prepare and transmit a report which includes, a statement of the volume of energy-saving recovered materials that such corporation is using in each of its manufacturing operations located in the United States and what plans, if any, the corporation has to increase the utilization of such materials in those operations in each of the next ten years. Not later than January 1, 1980, and annually thereafter, each such corporation shall include in such report a statement of the progress it has made to increase its utilization of energy-saving recovered materials to reach targets established under this section by the Secretary for its industry. Such reports shall contain such information as the Secretary determines is necessary to measure progress toward meeting the industry targets established under this section. “(f) The Secretary shall include in his annual report under section 375(e) a report on the industrial energy and natural resource conservation and recovery program established under this section. Each such report shall include— “(1) a summary of the progress made toward the achievement of targets set by the Secretary under this section; and “(2) a summary of the progress made toward meeting such targets since the date of publication of the previous report, if any.”. (d) Technical Amendments.— (1) Section 376 of such Act is 42 USC 6346. amended by— (A) inserting “or 374A” after “section 372” in subsection (b), and (B) inserting “or any target under section 374A” after “374” in subsections (c) and (f). (2) The table of contents of such Act is amended by inserting after the item relating to section 374 the following new item: “374A. Targets for use of recovered materials.”.

3. 1978

   Pub. L. 95–619 § 425(e)(2) · 92 Stat. 3206

   1. Substituted · 42 U.S.C. § 6303(c)

      Pub. L. 95–619, § 425(e)(2), substituted “section 6293(c) of this title” for “section 6293(d)(2) of this title”

   2. Inserted · 42 U.S.C. § 6303(c)

      Pub. L. 95–619, § 425(e)(2), inserted provision making an exception from the unfair or deceptive act or practice rule

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–619, § 425(e)(2), substituted “section 6293(c) of this title” for “section 6293(d)(2) of this title” and inserted provision making an exception from the unfair or deceptive act or practice rule.

   Enacted provision · exact public law section
   (2) Section 333(c) of such Act (42 U.S.C. 6303(c)) is amended— (A) by striking out “section 323(d) (2)” and inserting in lieu thereof “section 323 (c) ”; and (B) by striking out the period at the end thereof and inserting in lieu thereof “, except to the extent that such violation is prohibited under the provisions of section 332(a) (1), in which case such provisions shall apply.”.

4. 1978

   Pub. L. 95–619 § 423 · 92 Stat. 3206

   Added · 42 U.S.C. § 6303(d)

   Pub. L. 95–619, § 423, added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–619, § 423, added subsec. (d).

   Enacted provision · exact public law section
   SEC. 423. ASSESSMENT OF CIVIL PENALTIES. Section 333 of the Energy Policy and Conservation Act (42 U.S.C. 6303) is amended by adding at the end thereof the following new subsection: . “(d) (1) Before issuing an order assessing a civil penalty against any person under this section, the Secretary shall provide to such person notice of the proposed penalty. Such notice shall inform such person of his opportunity to elect in writing within 30 days after the date of receipt of such notice to have the procedures of paragraph (3) (in lieu of those of paragraph (2)) apply with respect to such assessment. “(2) (A) Unless an election is made within 30 calendar days after receipt of notice under paragraph (1) to have paragraph (3) apply with respect to such penalty, the Secretary shall assess the penalty, by order, after a determination of violation has been made on the record after an opportunity for an agency hearing pursuant to section 554 of title 5, United States Code, before an administrative law judge appointed under section 3105 of such title 5. Such assessment order shall include the administrative law judge’s findings and the basis for such assessment. . . “(B) Any person against whom a penalty is assessed under this paragraph may, within 60 calendar days after the date of the order of the Secretary assessing such penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5, United States Code. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the Secretary, or the court may remand the proceeding to the Secretary for such further action as the court may direct. “(3) (A) In the case of any civil penalty with respect to which the procedures of this paragraph have been elected, the Secretary shall promptly assess such penalty, by order, after the date of the receipt of the notice under paragraph (1) of the proposed penalty. “(B) If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (A), the Secretary shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment. “(C) Any election to have this paragraph apply may not be revoked except with the consent of the Secretary. “(4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order under paragraph (2), or after the appropriate district court has entered final judgment in favor of the Secretary under paragraph (3), the Secretary shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. “(5) (A) Notwithstanding the provisions of title 28, United States Code, or section 502(c) of the Department of Energy Organization Act, the Secretary shall be represented by the general counsel of the 42 USC 7192. Department of Energy (or any attorney or attorneys within the Department of Energy designated by the Secretary) who shall supervise, conduct, and argue any civil litigation to which paragraph (3) of this subsection applies (including any related collection action under paragraph (4)) in a court of the United States or in any other court, except, the Supreme Court. However, the Secretary or the general counsel shall consult with the Attorney General concerning such litigation, and the Attorney General shall provide, on request, such assistance in the conduct of such litigation as may be appropriate. “(B) Subject to the provisions of section 502(c) of the Department of Energy Organization Act, the Secretary shall be represented by the Attorney General, or the Solicitor General, as appropriate, in actions under this subsection, except to the extent provided in subparagraph (A) of this paragraph. “(C) Section 402(d) of the Department of Energy Organization Act shall not apply with respect to the functions of the Secretary under 42 USC 7172. this subsection. “(6) For purposes of applying the preceding provisions of this subsection in the case of the assessment of a penalty by the Commission for a violation of paragraphs (1) and (2) of section 332, references in such provisions to ‘Secretary’ and ‘Department of Energy’ shall be considered to be references to the ‘Commission’.”

5. 1987

   National Appliance Energy Conservation Act of 1987

   Pub. L. 100–12 § 11(b)(6) · 101 Stat. 103

   Inserted · 42 U.S.C. § 6303

   Pub. L. 100–12 inserted headings for subsecs. (a) to (d)

   Source evidence

   Code amendment note
   Pub. L. 100–12 inserted headings for subsecs. (a) to (d).

   Enacted provision · exact public law section
   (6) Section 333 is amended— (A) in subsection (a), by striking out “Sec. 333. (a)” and inserting in lieu thereof “Sec. 333. (a) In General.—”; (B) in subsection (b), by striking out “(b)” and inserting in lieu thereof “(b) Definition.—”; (C) in subsection (c), by striking out “(c) It” and inserting in lieu thereof “(c) Special Rule.—It”; and (D) in subsection (d)(1), by striking out “(d)(1)” and inserting in lieu thereof “(d) Procedure for Assessing Penalty.—(1)”.

6. 2015

   Energy Efficiency Improvement Act of 2015

   Pub. L. 114–11 title II § 201(3) · 129 Stat. 182

   1. Substituted · 42 U.S.C. § 6303(a)

      Pub. L. 114–11 substituted “paragraph (5), (6), (7), or (8) of section 6302(a)” for “section 6302(a)(5)”

   2. Substituted · 42 U.S.C. § 6303(a)

      Pub. L. 114–11 substituted “paragraph (1), (2), (5), (6), (7), or (8) of section 6302(a)” for “paragraph (1), (2), or (5) of section 6302(a)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–11 substituted “paragraph (5), (6), (7), or (8) of section 6302(a)” for “section 6302(a)(5)” and “paragraph (1), (2), (5), (6), (7), or (8) of section 6302(a)” for “paragraph (1), (2), or (5) of section 6302(a)”.

   Enacted provision · exact public law section
   (3) in section 333(a) (42 U.S.C. 6303(a))— (A) by striking “section 332(a)(5)” and inserting “paragraph (5), (6), (7), or (8) of section 332(a)”; and (B) by striking “paragraph (1), (2), or (5) of section 332(a)” and inserting “paragraph (1), (2), (5), (6), (7), or (8) of section 332(a)”; and

7 of 9 references resolved to an enrolled provision · 2 partial