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42 U.S.C. § 8373 — Conservation in Federal facilities, contracts, and financial assistance programs

submitted 48 years ago by Pub. L. 95-620 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 500 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires Federal agencies’ electric powerplants to follow this chapter like privately operated plants, subject to Presidential exemptions for military interests or missing appropriations. It also requires Federal contracts and financial assistance to promote conservation purposes.

(a) Federal facilities. (1) Each Federal agency that owns or operates an electric powerplant must follow every prohibition, term, condition, and substantial or procedural requirement under this chapter to the same extent as a nongovernmental owner or operator. (2) The President may order an exemption for a Federal-agency plant if the President finds that: (A) its use is in the paramount interest of the United States and the plant is part of, or used only with, weapons, equipment, aircraft, vessels, vehicles, or other property owned or operated by the Armed Forces, including the Coast Guard, or a State National Guard, and uniquely military in nature; or (B) money was not appropriated for the use, but only if the President specifically requested the money in the budget process and Congress did not provide it. The order takes effect only 60 days after a copy is sent to each House of Congress. The President must review each finding every two years and report the review results to Congress. (b) Federal contracts and financial assistance. (1) To carry out this chapter, within 30 days after its effective date the President must issue an order: (A) requiring each Federal agency authorized to provide grants, loans, contracts, or other financial assistance to promptly advance the chapter’s petroleum and natural-gas conservation purposes by issuing rules for those activities within 180 days after the order; and (B) setting procedures, sanctions, penalties, and other needed provisions, including requiring each agency to send the President and make public an annual report on actions taken and planned. (2) The President may order an exemption for a specific grant, loan, contract, or other assistance if it is in the national interest. The President must notify Congress in writing at least 60 days before it takes effect. (3) The President or an agency may not use paragraph (1) to require a person or facility to comply with a prohibition, including using coal, if the Secretary specifically determined that the prohibition applies to that person or facility or exempted it from the prohibition.

the actual law source: uscode.house.gov ↗public domain
(a) Federal facilities
(1)

Each Federal agency owning or operating any electric powerplant shall comply with any prohibition, term, condition, or other substantial or procedural requirement under this chapter, to the same extent as would be the case if such powerplant were owned or operated by a nongovernmental person.

(2)

The President may, by order, exempt from the application of paragraph (1) any powerplant owned or operated by any Federal agency, if the President determines that—

(A)

such use is in the paramount interest of the United States and that the powerplant involved is a component of or is used solely in connection with any weaponry, equipment, aircraft, vessels, vehicles or other classes or categories of property which—

(i)

are owned or operated by the Armed Forces of the United States (including the Coast Guard) or by the National Guard of any State; and

(ii)

are uniquely military in nature; or

(B)

there is a lack of appropriation for such use but only if the President specifically requested such appropriations as a part of the budgetary process and the Congress failed to make available such requested appropriation.

Such order shall not take effect until 60 days after a copy of such order has been transmitted to each House of the Congress. The President shall review each such determination every 2 years and submit a report to the Congress on the results of such review.

(b) Federal contracts and financial assistance
(1)

In order to implement the purposes of this chapter, the President shall, not later than 30 days after the effective date of this chapter, issue an order—

(A)

requiring each Federal agency which is authorized to extend Federal assistance by way of grant, loan, contract, or other form of financial assistance, to promptly effectuate the purposes of this chapter relating to the conservation of petroleum and natural gas, by rule, in such contracting or assistance activities within 180 days after issuance of such order, and

(B)

setting forth procedures, sanctions, penalties, and such other provisions as the President determines necessary to carry out such requirement effectively, including a requirement that each agency annually transmit to the President, and make available to the public, a report on the actions taken and to be taken to implement such order.

(2)

The President may exempt by order any specific grant, loan, contract, or other form of financial assistance from all or part of the provisions of this subsection if he determines such exemption is in the national interest. The President shall notify the Congress in writing of such exemption at least 60 days before it is effective.

(3)

The President or any Federal agency may not use the authority granted under paragraph (1) to require compliance, including the use of coal, by any person or facility with any prohibition under other sections of this chapter if such person or facility has been specifically determined by the Secretary as subject to such prohibition or has been exempted from the application of such prohibition.

Source credit: (Pub. L. 95–620, title IV, § 403, Nov. 9, 1978, 92 Stat. 3317; Pub. L. 100–42, § 1(c)(14), May 21, 1987, 101 Stat. 313; Pub. L. 102–486, title XXX, § 3011, Oct. 24, 1992, 106 Stat. 3128.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-620 · 92 Stat. 3317
  • 1987Amended · Pub. L. 100-42 · 101 Stat. 313
  • 1992Amended · Pub. L. 102-486 · 106 Stat. 3128

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-620 on 1978-11-09.

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