42 U.S.C. § 8511: National and State emergency…

Summary

The President may set monthly emergency conservation goals for any energy type when he finds a serious supply shortage is happening or likely, or when cutting domestic use is needed to meet U.S. international obligations. He must quickly send that finding and the facts behind it to Congress and tell the public. State goals are set by taking each State’s “base month” use (the same month’s use in the 12 months before the first target month, adjusted for 36-month growth trends) and reducing it by one uniform national percentage. The President can change those base numbers if needed to protect the goals of section 753(b)(1) of title 15, or to reflect past conservation, shortages, or unusual weather. The national percentage must aim to save the amount of energy equal to the projected shortage while limiting harm to the economy. The President must tell each State governor the goal and publish the goals, the base numbers, and the reasons in the Federal Register. He must also put in place a federal government plan to cut its own energy use by at least the same percentage, including steps for buildings and employee commuting. Targets must be reviewed and can be changed over time, with explanations given to Congress and the public. Within 12 months after a target starts, and every year after, the President must check whether the shortage still exists; if it does not, the targets end. Each month the Secretary must publish recent national and State use and say whether the goals are being met. The President’s authority here cannot be given to anyone else.

Title 42, §8511

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Determination and publication of targets

(1)Whenever the President finds, with respect to any energy source for which the President determines a severe energy supply interruption exists 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 President, in furtherance of the purposes of this chapter, may establish monthly emergency conservation targets for any such energy source for the Nation generally and for each State.

(2)Any finding of the President under paragraph (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 factors, as determined by the President:

(i)the consumption of the energy source for which a target is established during the corresponding month in the 12-month period prior to the first month for which the target is established; 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 subsection will not impair the attainment of the objectives of section 753(b)(1) of title 15.

(ii)The President may, to the extent he determines 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 energy consumption; and

(III)variations in weather from seasonal norms.

(D)For purposes of this subsection, the uniform national percentage shall be designed by the President to minimize the impact on the domestic 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 appropriate.

(b)Notification and publication of targets

The President shall notify the Governor of each State of each target established under subsection (a) for that State, and shall publish in the Federal Register, the targets, the base period 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 President 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 national percentage referred to in subsection (a)(3)(D). Such plan shall contain measures which the President will implement, in accordance 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 Federal Government; and

(2)by Federal employees and officials through increased use of car and van pooling, preferential parking for multipassenger vehicles, and greater use of mass transit.

(d)Review of targets

(1)From time to time, the President shall review and, consistent with subsection (a), modify to the extent the President considers appropriate the national and State energy conservation 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 following the establishment of any conservation target under this section, and annually thereafter 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 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 President shall transmit to the Congress and make public the information and other data on which any determination under this subparagraph is based.

(B)If the President determines such an energy supply interruption does not exist or is not imminent or such actions are not required, the conservation targets established under this section with respect to such energy source shall cease to be effective.

(e)Determination and publication of actual consumption 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 subsection (a) is in effect, and (2) whether the targets under subsection (a) have been substantially 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.

Notes & Related Subsidiaries

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 section 760g of Title 15, Commerce and Trade, which provided for the expiration of the President’s authority under that section on Sept. 30, 1981.

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor 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.

§8511 National and State Emergency Conservation Targets