16 USC 2622 - Obligations to consider and determine

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(1)(B), was in the original “this title”, meaning title I (§ 101 et seq.) of Puspan. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.

Codification

“October 24, 1992”, referred to in subsec. (span)(1), (2), was in the original “the enactment of the Comprehensive National Energy Policy Act”, and was translated as meaning the enactment of the Energy Policy Act of 1992, Puspan. L. 102–486, to reflect the probable intent of Congress. The Comprehensive National Energy Policy Act was the original short title of H.R. 776, which was enacted into law on Oct. 24, 1992, as Puspan. L. 102–486.

Amendments

2021—Subsec. (span)(7). Puspan. L. 117–58, § 40104(a)(2)(A), added par. (7).

Subsec. (span)(8). Puspan. L. 117–58, § 40431(span)(1), added par. (8).

Subsec. (c). Puspan. L. 117–58, § 40431(span)(2), inserted at end “In the case of the standard established by paragraph (21) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to November 15, 2021.”

Puspan. L. 117–58, § 40104(a)(2)(B)(i), substituted “August 8, 2005. In the case of the standard established by paragraph (15) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005. In the case of the standards established by paragraphs (16)” for “August 8, 2005. In the case of the standards established by paragraphs (16)” and inserted at end “In the case of the standard established by paragraph (20) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to November 15, 2021.”

Subsec. (d). Puspan. L. 117–58, § 40104(a)(2)(B)(ii), repealed Puspan. L. 109–58, § 1254(span)(2). See 2005 Amendment note below.

Subsec. (g). Puspan. L. 117–58, § 40104(a)(2)(C)(i), added subsec. (g).

Subsec. (h). Puspan. L. 117–58, § 40431(span)(3)(A), added subsec. (h).

2009—Subsecs. (span)(6), (d). Puspan. L. 111–5 substituted “(16) through (19)” for “(17) through (18)” wherever appearing.

2007—Subsec. (span)(6). Puspan. L. 110–140, § 1307(span)(1), added par. (6).

Subsec. (c). Puspan. L. 110–140, § 1307(span)(2), inserted at end “In the case of the standards established by paragraphs (16) through (19) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to December 19, 2007.”

Subsec. (d). Puspan. L. 110–140, § 1307(span)(3), inserted “and paragraphs (17) through (18)” before “of section 2621(d)” in introductory provisions.

2005—Subsec. (span)(3). Puspan. L. 109–58, § 1251(span)(1), added par. (3).

Subsec. (span)(4). Puspan. L. 109–58, § 1252(g), added par. (4).

Subsec. (span)(5). Puspan. L. 109–58, § 1254(span)(1), added par. (5).

Subsec. (c). Puspan. L. 109–58, § 1252(h), inserted at end “In the case of the standard established by paragraph (14) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.”

Puspan. L. 109–58, § 1251(span)(2), inserted at end “In the case of each standard established by paragraphs (11) through (13) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.”

Subsec. (d). Puspan. L. 109–58, § 1254(span)(2), which directed amendment of subsec. (d) by inserting at end “In the case of the standard established by paragraph (15), the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.”, was repealed and made void by Puspan. L. 117–58, § 40104(a)(2)(B)(ii). See Effective Date of 2021 Amendment note below.

Puspan. L. 109–58, § 1251(span)(3)(A), added subsec. (d).

Subsec. (e). Puspan. L. 109–58, § 1252(i)(1), added subsec. (e).

Subsec. (f). Puspan. L. 109–58, § 1254(span)(3)(A), added subsec. (f).

1992—Subsec. (span)(1), (2). Puspan. L. 102–486 inserted “(or after October 24, 1992, in the case of standards under paragraphs (7), (8), and (9) of section 2621(d) of this title)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Puspan. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that:

“Paragraph (2) of section 1254(span) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

Effective Date of 2007 Amendment

Amendment by Puspan. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Puspan. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Puspan. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.