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15 USC CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

.

-HEAD-

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

-MISC1-

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

Sec.

761. Congressional declaration of purpose.

(a) Objectives.

(b) Necessity for reorganization.

(c) Creation of Federal Energy Administration.

762. Establishment.

763. Repealed.

764. Specific functions and purposes.

(a) Limitation on discretionary powers.

(b) Duties.

(c) Exercise of delegated discretion concerning

exemptions.

765. Transfer of functions.

(a) Functions of Secretary and Department of the

Interior.

(b) Functions of Chairman and Executive Director of

Cost of Living Council.

766. Administrative provisions.

(a) Rules, regulations, and procedures; Environmental

Protection Agency, notification; quality of

environment, publication of comments; emergency

preclusion of review by Environmental

Protection Agency.

(b) Adjustments; procedures respecting application

and operation; judicial review.

(c) Judicial review of administrative rulemaking;

filing of petition in United States Court of

Appeals.

(d) to (k) Repealed or Redesignated.

(l) Authority and responsibility of General Counsel.

767. Transitional and savings provisions.

(a) Continuance of effective status.

(b) Pending proceedings; orders, appeals, payments.

(c) Commencement of suits before effective date.

(d) Litigation; abatement prohibition; Federal

parties.

(e) Substitution of parties.

(f) Judicial review; other requirements respecting

notices, hearings, action upon record, and

administrative review; conflicting provisions.

(g) References in other laws deemed references to

transferee offices or officers.

(h) Presidential functions, authorities, and

delegations unaffected.

(i) References to other provisions deemed references

to such provisions as amended or supplemented.

768. Repealed.

769. Definitions.

770. Appointments.

(a) Interim funds.

(b) Interim appointments.

(c) Nontemporary personnel; transferee rights for one

year.

(d) Compensation of new position at not less than

provided for in Executive Schedule for previous

position in cases of appointees without break

in service.

771. Comptroller General, powers and duties.

(a) Scope of activities; monitoring activity; data to

Comptroller General from Administration;

reports and recommendations to Congress.

(b) Access to material and written energy information

from owners or operators of facilities or

business premises engaged in energy matters;

scope of information.

(c) Access to material and information from

recipients of Federal funds or assistance under

Federal transactions.

(d) Subpenas; committee resolution; issuance;

production of evidence.

(e) Enforcement of subpenas; jurisdiction; order for

production of evidence; contempt.

(f) Availability to public of reports submitted to

Congress; prohibited disclosures: confidential

information and trade secrets; preservation of

confidentiality in disclosures to Government.

772. Administrator's information-gathering power.

(a) Comprehensive and particular energy information;

categorical groupings; monitoring activity and

policy guidance.

(b) Information and data to Administrator from owners

or operators of facilities or business premises

engaged in energy matters.

(c) General or special orders for filing reports or

answers in writing to specific questions,

surveys, or questionnaires; oath or otherwise;

filing period.

(d) Investigations, physical inspections, inventories

and samples, copies, and interrogations.

(e) Subpenas; attendance and testimony of witnesses;

production of evidence; enforcement; judicial

orders; contempt.

(f) Federal information concerning energy resources

on Federal lands; scope of information.

(g) Maintenance of records and accounts.

(h) Alleviation of reporting burdens for small

businesses.

(i) Penalties for failure to file information.

773. Public disclosure of information.

(a) Analyses, data, information, reports, and

summaries; objectives of disclosure.

(b) Freedom of Information Act applicable; disclosure

of confidential information or trade secrets;

disclosure of matter included in public annual

reports to Securities and Exchange Commission

and matter excepted from such disclosure.

(c) Guidelines and procedures for handling

information pertaining to individuals; access

of individuals to such personal information.

774. Reports and recommendations.

(a) Administrator's initial submittal to President

and Congress.

(b) Administrator's annual report to Congress;

contents.

(c) Citizen fuel use; summer guidelines.

(d) Administrator's interim reports to Congress.

(e) Energy needs analysis; time for submission;

contents; continuation of analysis after

termination of Administration.

775. Sex discrimination; enforcement; other legal remedies.

776. Repealed.

777. Economic analysis of proposed actions.

(a) Scope of analysis.

(b) Conservation measures.

(c) Explicit analyses; interagency cooperation; other

review and cause of action provisions.

(d) Monitoring economic impact of energy actions;

report and recommendations to Congress.

(e) Industrial or regional discrimination; equal

bearing of costs and burdens of meeting energy

shortages.

778. Management oversight review; report to Administrator.

779. Coordination with, and technical assistance to, State

governments.

(a) Report to Congress and State governments:

organization of Administration; report to the

public, Congress and State governments: scope

of nontechnical report; comments of State

governments respecting rules, regulations, or

policies and programs; energy shortages, status

reports; information clearinghouse.

(b) Technical assistance; task forces; conferences:

expenses of participation; model legislation;

uniform criteria, procedures, and forms for

grant or contract applications for State

government energy proposals.

780. Office of Private Grievances and Redress.

(a) Establishment; director; statement of purpose.

(b) Petition for special redress, relief, or other

extraordinary assistance; nature of remedy.

(c) Statement for annual report; recommendations to

Congress.

781. Comprehensive energy plan.

(a) Report to President and Congress; analytical

justification; scope of analysis.

(b) Alterations; analytical justifications.

(c) Monitoring activity.

782. Petrochemical report to Congress.

(a) Scope of report.

(b) ''Petrochemical'' defined.

783. Hydroelectric generating facilities; lists, transmittal to

Congress; construction schedule and cost estimates for expedited

construction program; prospective accomplishments from expedited

completion of facilities; statement of appropriated but not

obligated funds.

784. Exports of coal and refined petroleum products.

(a) File concerning export transactions, sales,

exchanges or shipments: establishment and

maintenance; scope of information.

(b) Information and report to committee of Congress

or head of Federal agency from Administrator;

exception: disclosure detrimental to national

security.

(c) Information to Administrator from Federal agency.

(d) Collection of independent information.

785. Foreign ownership; comprehensive review; sources of

information; report to Congress; monitoring activity.

786. Repealed.

787. Project Independence Evaluation System documentation; access

to model by Congress and public.

788. Use of commercial standards.

(a) General notice of proposed rulemaking.

(b) Promulgation of commercial standards.

(c) Consultation with Attorney General and Chairman

of Federal Trade Commission; impact of rules on

competition.

(d) Rules relating to Administration procurement

activities.

(e) Participation of Administration employees in

organizations relating to promulgation of

commercial standards.

(f) ''Commercial standards'' defined.

789. Repealed.

SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND ANALYSIS

790. Establishment of Office of Energy Information and Analysis.

(a) Director; appointment; qualifications.

(b) Delegation of authority by Administrator.

(c) ''Energy information'' defined.

790a. National Energy Information System; information required to

be maintained.

790b. Administrative provisions.

(a) Compensation of Director.

(b) Authorization of Director to appoint and fix

compensation of employees.

(c) Delegation of functions by the Director.

(d) Access to Director by Congress; requests for

appropriations.

790c. Analysis and evaluation of energy information; establishment

and maintenance by Director of professional, etc., capability;

specific capabilities.

790d. Repealed.

790e. Coordination by Director of energy information gathering

activities of Federal agencies.

(a) Review.

(b) Policy recommendations.

(c) Report to Administrator by other Federal agencies

involved in collection of energy information;

cooperation of other Federal agencies; report

by Administrator to President, Congress, and

Energy Resources Council.

790f. Reports by Director.

(a) Periodic and special reports by Director to

Congress and public; contents.

(b) Duty of Director to insure adequate documentation

of forecasts and reports; periodic audit and

validation of analytical methodologies;

availability of information to public.

(c) Approval prior to publication of forecasts and

reports.

790g. Access by Director to energy information.

(a) Access by Director to energy information in

possession of other Federal agencies;

limitations.

(b) Authority to obtain information from original or

alternate sources.

790h. Congressional access to energy information; disclosure by

Congress.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 798 of this title; title

42 sections 6273, 7194.

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15 USC SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

.

-HEAD-

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-CITE-

15 USC Sec. 761 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 761. Congressional declaration of purpose

-STATUTE-

(a) Objectives

The Congress hereby declares that the general welfare and the

common defense and security require positive and effective action

to conserve scarce energy supplies, to insure fair and efficient

distribution of, and the maintenance of fair and reasonable

consumer prices for, such supplies, to promote the expansion of

readily usable energy sources, and to assist in developing policies

and plans to meet the energy needs of the Nation.

(b) Necessity for reorganization

The Congress finds that to help achieve these objectives, and to

assure a coordinated and effective approach to overcoming energy

shortages, it is necessary to reorganize certain agencies and

functions of the executive branch and to establish a Federal Energy

Administration.

(c) Creation of Federal Energy Administration

The sole purpose of this chapter is to create an administration

in the executive branch, called the Federal Energy Administration,

to vest in the Administration certain functions as provided in this

chapter, and to transfer to such Administration certain executive

branch functions authorized by other laws, where such transfer is

necessary on an interim basis to deal with the Nation's energy

shortages.

-SOURCE-

(Pub. L. 93-275, Sec. 2, May 7, 1974, 88 Stat. 97.)

-MISC1-

EFFECTIVE AND TERMINATION DATES

Section 30 of Pub. L. 93-275, as amended by Pub. L. 94-332, June

30, 1976, 90 Stat. 784; Pub. L. 94-385, title I, Sec. 112(a), Aug.

14, 1976, 90 Stat. 1132; Pub. L. 95-70, Sec. 6, July 21, 1977, 91

Stat. 277, under which this chapter became effective sixty days

after May 7, 1974, and was to terminate Sept. 30, 1978, was

repealed by Pub. L. 95-91, title VII, Sec. 709(a)(1), Aug. 4, 1977,

91 Stat. 607.

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-70, Sec. 1, July 21, 1977, 91 Stat. 275, provided

that: ''This Act (enacting sections 788 and 789 of this title and

amending sections 766 and 792 of this title, sections 6246, 6309,

and 6881 of Title 42, The Public Health and Welfare, and notes

under this section) may be cited as the 'Federal Energy

Administration Authorization Act of 1977'.''

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-385, title I, Sec. 101, Aug. 14, 1976, 90 Stat. 1127,

provided that: ''This title (enacting sections 787, 790 to 790h of

this title, amending sections 757, 764, 766, 772, 774, 777 and 784

of this title and sections 5818, 6211 and 6295 of Title 42, The

Public Health and Welfare, and enacting provisions set out as notes

under this section and sections 753, 757, and 790 of this title)

may be cited as the 'Federal Energy Administration Act Amendments

of 1976'.''

SHORT TITLE

Section 1 of Pub. L. 93-275 provided that: ''This Act (enacting

this chapter and provisions set out as notes under this section)

may be cited as the 'Federal Energy Administration Act of 1974'.''

SEPARABILITY

Section 27 of Pub. L. 93-275 provided that: ''If any provision of

this Act (this chapter), or the application thereof to any person

or circumstance, is held invalid, the remainder of this Act (this

chapter), and the application of such provision to other persons or

circumstances, shall not be affected thereby.''

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administration or in its Administrator, officers, and

components transferred to Secretary of Energy (unless otherwise

specifically provided) by sections 7151(a) and 7293 of Title 42,

The Public Health and Welfare.

-MISC5-

AUTHORIZATION OF APPROPRIATIONS

Section 29 of Pub. L. 93-275, as amended by Pub. L. 94-385, title

I, Sec. 110, Aug. 14, 1976, 90 Stat. 1130; Pub. L. 95-70, Sec. 2,

July 21, 1977, 91 Stat. 275, provided that:

''(a) There are authorized to be appropriated to the Federal

Energy Administration the following sums:

''(1) subject to the restrictions specified in subsection (b),

to carry out the functions identified as assigned to Executive

Direction and Administration of the Federal Energy Administration

as of January 1, 1977 -

''(A) for the fiscal year ending September 30, 1977, not to

exceed $35,627,000; and

''(B) for the fiscal year ending September 30, 1978, not to

exceed $41,017,000.

''(2) to carry out the functions identified as assigned to the

Office of Energy Information and Analysis as of January 1, 1977 -

''(A) for the fiscal year ending September 30, 1977, not to

exceed $34,971,000; and

''(B) for the fiscal year ending September 30, 1978, not to

exceed $43,544,000.

''(3) to carry out the functions identified as assigned to the

Office of Regulatory Programs as of January 1, 1977 -

''(A) for the fiscal year ending September 30, 1977, not to

exceed $62,459,000; and

''(B) for the fiscal year ending September 30, 1978, not to

exceed $62,459,000.

''(4) to carry out the functions identified as assigned to the

Office of Conservation and Environment as of January 1, 1977

(other than functions described in part A (section 6861 et seq.

of Title 42, The Public Health and Welfare) and part D (section

6881 et seq. of Title 42) of title IV of the Energy Conservation

and Production Act, parts B (section 6291 et seq. of Title 42)

and C (section 6321 et seq. of Title 42) of title III of the

Energy Policy and Conservation Act and, for the fiscal year

ending September 30, 1977, functions described in title II of the

Energy Conservation and Production Act (section 6801 et seq. of

Title 42) and in paragraph (7) of this subsection) -

''(A) for the fiscal year ending September 30, 1977, not to

exceed $38,603,000; and

''(B) for the fiscal year ending September 30, 1978, not to

exceed $46,908,000.

''(5) to carry out the functions identified as assigned to the

Office of Energy Resource Development as of January 1, 1977 -

''(A) for the fiscal year ending September 30, 1977, not to

exceed $16,934,000; and

''(B) for the fiscal year ending September 30, 1978, not to

exceed $26,017,000.

''(6) to carry out the functions identified as assigned to the

Office of International Energy Affairs as of January 1, 1977 -

''(A) for the fiscal year ending September 30, 1977, not to

exceed $1,921,000; and

''(B) for the fiscal year ending September 30, 1978, not to

exceed $1,846,000.

''(7) subject to the restriction specified in subsection (c),

to carry out a program to develop the policies, plans,

implementation strategies, and program definitions for promoting

accelerated utilization and widespread commercialization of solar

energy and to provide overall coordination of Federal solar

energy commercialization activities, for the fiscal year ending

September 30, 1977, not to exceed $2,500,000.

''(8) for the purpose of permitting public use of the Project

Independence Evaluation System pursuant to section 31 of this Act

(section 787 of this title), not to exceed the aggregate amount

of the fees estimated to be charged for such use.

''(b) The following restrictions shall apply to the authorization

of appropriations specified in paragraph (1) of subsection (a) -

''(1) amounts to carry out the functions identified as assigned

to the Office of Communication and Public Affairs as of January

1, 1977, shall not exceed $2,112,000 for the fiscal year ending

September 30, 1977; and

''(2) no amounts authorized to be appropriated in such

paragraph may be used to carry out the functions identified as

assigned to the Office of Nuclear Affairs as of January 1, 1976.

''(c) No amounts authorized to be appropriated in paragraphs (5)

(B) and (7) of subsection (a) may be used to carry out solar energy

research, development, or demonstration activities.

''(d) Subject to the provisions of any other law enacted after

the date of the enactment of this subsection (July 21, 1977), if

any function for which funds are authorized to be appropriated by

this section is transferred by or pursuant to any such provision of

law to any department, agency, or office, the unexpended balances

of appropriations, authorizations, allocations, and other funds,

held, used, arising from, available to, or to be made available in

connection with such function shall be transferred to such

department, agency, or office, but shall continue to be subject to

any restriction to which they were subject before such transfer.''

ADVICE AND CONSENT OF SENATE REQUIRED FOR APPOINTMENT OF DIRECTOR

OF ENERGY POLICY OFFICE

Pub. L. 93-153, title IV, Sec. 404, Nov. 16, 1973, 87 Stat. 590,

directed that Director of Energy Policy Office be appointed by

President, by and with advice and consent of Senate, but that if

any individual serving in this office on Nov. 16, 1973, were

nominated for such position, he may continue to act unless and

until such nomination were disapproved by Senate.

-EXEC-

EXECUTIVE ORDER NO. 11712

Ex. Ord. No. 11712, Apr. 18, 1973, 38 F.R. 9657, which related to

the Special Committee on Energy and the National Energy Office, was

superseded by Ex. Ord. No. 11726, June 29, 1973, 38 F.R. 17711,

formerly set out as a note under section 791a of Title 16,

Conservation.

EXECUTIVE ORDER NO. 11726

Ex. Ord. No. 11726, June 29, 1973, 38 F.R. 17711, formerly set

out as a note under section 791a of Title 16, Conservation, which

established the Energy Policy Office, was superseded by Ex. Ord.

No. 11775, Mar. 26, 1974, 39 F.R. 11415, set out below.

EX. ORD. NO. 11775. ABOLITION OF ENERGY POLICY OFFICE

Ex. Ord. No. 11775, Mar. 26, 1974, 39 F.R. 11415, as amended by

Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, provided:

Executive Order No. 11726 of June 29, 1973, established in the

Executive Office of the President an Energy Policy Office.

Executive Order No. 11748 of December 4, 1973 (set out as a note

under section 754 of this title), established in the Executive

Office of the President a Federal Energy Office. In order to permit

an orderly transition, the Energy Policy Office was continued in

being on an interim basis. That transition has been successfully

completed and the Energy Policy Office should now be abolished.

NOW, THEREFORE, by virtue of the authority vested in me as the

President of the United States of America it is hereby ordered as

follows:

Sec. 1. The Energy Policy Office is hereby abolished and

Executive Order No. 11726 of June 29, 1973, is hereby superseded.

Sec. 2. (Revoked by Ex. Ord. No. 11790, June 25, 1974, 39 F.R.

23185).

Sec. 3. The Administrator of General Services shall take such

steps as may be necessary to wind up the affairs of the Energy

Policy Office, and unobligated funds, if any, that may remain

available to defray the expenses of that Office shall be returned

to the Emergency Fund of the President. Richard Nixon.

EX. ORD. NO. 11790. EFFECTUATION OF CHAPTER

Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, as amended by

Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12919,

Sec. 904(c), June 3, 1994, 59 F.R. 29534, provided:

Under and by virtue of the authority vested in me by the Federal

Energy Administration Act of 1974 (Public Law 93-275) (this

chapter), the Emergency Petroleum Allocation Act of 1973 (Public

Law 93-159; 87 Stat. 627) (15 U.S.C. Sec. 751 et seq.), the

Economic Stabilization Act of 1970, as amended (formerly 12 U.S.C.

Sec. 1904 note), the Defense Production Act of 1950, as amended (50

U.S.C. App. 2061, et seq.), and section 301 of title 3 of the

United States Code, it is hereby ordered as follows:

Section 1. Pursuant to the authority vested in me by section 30

of the Federal Energy Administration Act of 1974 (set out above),

notice is hereby given that that act shall be effective as of June

27, 1974.

Sec. 2. (a) There is hereby delegated to the Secretary of Energy

(hereinafter referred to as the ''Secretary''), all authority

vested in the President by the Emergency Petroleum Allocation Act

of 1973 (15 U.S.C. Sec. 751 et seq.).

(b) The Secretary shall submit to the Congress the reports

required by section 4(c)(2) of the Emergency Petroleum Allocation

Act of 1973 (15 U.S.C. Sec. 753(c)(2)).

Sec. 3. (a) There is hereby delegated to the Secretary the

authority vested in the President by section 203(a)(3) of the

Economic Stabilization Act of 1970, as amended (formerly 12 U.S.C.

Sec. 1904 note), to the extent such authority remains available

under the provisions of section 218 of that act (formerly 12 U.S.C.

Sec. 1904 note).

(b) The authority under the Economic Stabilization Act of 1970,

as amended (formerly 12 U.S.C. Sec. 1904 note), that was delegated

to the Administrator of the Federal Energy Office by the Chairman

of the Cost of Living Council pursuant to section 4(b) of Executive

Order No. 11748 of December 4, 1973 (set out as a note under

section 754 of this title), is hereby transferred to the Secretary

to the extent such authority remains available under the provisions

of section 218 of that act (formerly 12 U.S.C. Sec. 1904 note).

Sec. 4. Notwithstanding the provisions of Executive Order No.

12919, as amended (set out as a note under section 2153 of Title

50, Appendix, War and National Defense), the Secretary is

authorized to exercise the authority vested in the President by the

Defense Production Act of 1950, as amended (50 App. U.S.C. Sec.

2061 et seq.), except section 708 thereof (50 App. U.S.C. Sec.

2158), as it relates to the production, conservation, use, control,

distribution, and allocation of energy, without approval,

ratification, or other action of the President or any other

official of the executive branch of the Government.

Sec. 5. (a) The Federal Energy Office established by Executive

Order No. 11748 is hereby abolished, and that Executive order is

hereby revoked.

(b) The authority vested in the Administrator of the Federal

Energy Office to appoint a Deputy Administrator of that Office and

to compensate that officer at the rate prescribed for officers and

positions at level III of the Executive Schedule (5 U.S.C. 5314) is

hereby revoked.

(c) All orders, regulations, circulars, or other directives

issued and all other actions taken pursuant to any authority

delegated or transferred to the Secretary by this order prior to

and in effect on the date of this order are hereby confirmed and

ratified, and shall remain in full force and effect, as if issued

under this order, unless or until altered, amended, or revoked by

the Secretary or by such competent authority as he may specify.

(d) All personnel, property, records, and unexpended balances of

appropriations, allocations, and other funds employed, used, held,

available, or to be made available in connection with functions of

the Administrator of the Federal Energy Office, as Administrator of

that Office or as Chairman of the Oil Policy Committee, are hereby

transferred to the Secretary.

Sec. 6. All authority delegated or transferred to the Secretary

by this order may be further delegated, in whole or in part, by the

Secretary to any other office or any department or agency of the

United States, or, if authorized by law, to any State or officer

thereof.

Secs. 7 to 10. (Deleted.)

EXECUTIVE ORDER NO. 11930

Ex. Ord. No. 11930, July 30, 1976, 41 F.R. 32399, which related

to the establishment of the Federal Energy Office and the

performance by the Office of the energy functions of the Federal

Energy Administration, was revoked by Ex. Ord. No. 11933, Aug. 25,

1976, 41 F.R. 36641, set out below.

EX. ORD. NO. 11933. TERMINATION OF FEDERAL ENERGY OFFICE

Ex. Ord. No. 11933, Aug. 25, 1976, 41 F.R. 36641, provided:

By virtue of the authority vested in me by the Constitution and

statutes of the United States of America, and as President of the

United States of America, it is hereby ordered as follows:

Section 1. Executive Order No. 11930 of July 30, 1976, which

established the Federal Energy Office, is, consistent with the

Federal Energy Administration Act Amendments of 1976 (Title I of

Public Law 94-385) (for classification, see Short Title of 1976

Amendment note set out above), hereby revoked as of the date of its

issuance.

Sec. 2. All orders, rules, regulations, rulings, interpretations,

and other directives issued or pending, all rule making, judicial

and administrative proceedings commenced or pending, all voluntary

agreements, plans of action, and all other actions of whatever

nature taken, continued, confirmed, ratified or made effective

under Executive Order 11930, shall, in accordance with the Federal

Energy Administration Act Amendments of 1976 (for classification,

see Short Title of 1976 Amendment note set out above), be deemed to

have been actions of the Federal Energy Administration and shall

continue and remain in full force and effect, unless amended or

revoked by the Federal Energy Administration.

Sec. 3. All authority and responsibility vested in the Federal

Energy Administration by Executive order or proclamation prior to

July 31, 1976 was not revoked by Executive Order No. 11930,

subsists in the Federal Energy Administration, and shall be deemed

to have been continuously vested in the Federal Energy

Administration, whose existence has been retroactively extended by

the Federal Energy Administration Act Amendments of 1976 (for

classification, see Short Title of 1976 Amendment note set out

above). Gerald R. Ford.

-CITE-

15 USC Sec. 762 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 762. Establishment

-STATUTE-

There is hereby established an independent agency in the

executive branch to be known as the Federal Energy Administration

(hereinafter in this chapter referred to as the

''Administration'').

-SOURCE-

(Pub. L. 93-275, Sec. 3, May 7, 1974, 88 Stat. 97.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administration or in its Administrator, officers, and

components transferred to Secretary of Energy (unless otherwise

specifically provided) by sections 7151(a) and 7293 of Title 42,

The Public Health and Welfare.

-CITE-

15 USC Sec. 763 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 763. Repealed. Pub. L. 95-91, title VII, Sec. 709(a)(1), Aug.

4, 1977, 91 Stat. 607

-MISC1-

Section, Pub. L. 93-275, Sec. 4, May 7, 1974, 88 Stat. 97,

related to officers of Federal Energy Administration.

-CITE-

15 USC Sec. 764 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 764. Specific functions and purposes

-STATUTE-

(a) Limitation on discretionary powers

Subject to the provisions and procedures set forth in this

chapter, the Administrator shall be responsible for such actions as

are taken to assure that adequate provision is made to meet the

energy needs of the Nation. To that end, he shall make such plans

and direct and conduct such programs related to the production,

conservation, use, control, distribution, rationing, and allocation

of all forms of energy as are appropriate in connection with only

those authorities or functions -

(1) specifically transferred to or vested in him by or pursuant

to this chapter;

(2) delegated to him by the President pursuant to specific

authority vested in the President by law; and

(3) otherwise specifically vested in the Administrator by the

Congress.

(b) Duties

To the extent authorized by subsection (a) of this section, the

Administrator shall -

(1) advise the President and the Congress with respect to the

establishment of a comprehensive national energy policy in

relation to the energy matters for which the Administration has

responsibility, and, in coordination with the Secretary of State,

the integration of domestic and foreign policies relating to

energy resource management;

(2) assess the adequacy of energy resources to meet demands in

the immediate and longer range future for all sectors of the

economy and for the general public;

(3) develop effective arrangements for the participation of

State and local governments in the resolution of energy problems;

(4) develop plans and programs for dealing with energy

production shortages;

(5) promote stability in energy prices to the consumer, promote

free and open competition in all aspects of the energy field,

prevent unreasonable profits within the various segments of the

energy industry, and promote free enterprise;

(6) assure that energy programs are designed and implemented in

a fair and efficient manner so as to minimize hardship and

inequity while assuring that the priority needs of the Nation are

met;

(7) develop and oversee the implementation of equitable

voluntary and mandatory energy conservation programs and promote

efficiencies in the use of energy resources;

(8) develop and recommend policies on the import and export of

energy resources;

(9) collect, evaluate, assemble, and analyze energy information

on reserves, production, demand, and related economic data;

(10) work with business, labor, consumer and other interests

and obtain their cooperation;

(11) in administering any pricing authority, provide by rule,

for equitable allocation of all component costs of producing

propane gas. Such rules may require that (a) only those costs

directly related to the production of propane may be allocated by

any producer to such gas for purposes of establishing any price

for propane, and (b) prices for propane shall be based on the

prices for propane in effect on May 15, 1973. The Administrator

shall not allow costs attributable to changes in ownership and

movement of propane gas where, in the opinion of the

Administrator, such changes in ownership and movement occur

primarily for the purpose of establishing a higher price; and

(12) perform such other functions as may be prescribed by law.

(c) Exercise of delegated discretion concerning exemptions

(1) The Administrator shall not exercise the discretion delegated

to him by the President, pursuant to section 754(b) (FOOTNOTE 1) of

this title, to submit to the Congress as one energy action any

amendment to the regulation under section 753(a) (FOOTNOTE 1) of

this title, pursuant to section 760a (FOOTNOTE 1) of this title,

which amendment exempts any oil, refined petroleum product, or

refined product category from both the allocation and pricing

provisions of the regulation under section 753 (FOOTNOTE 1) of this

title.

(FOOTNOTE 1) See References in Text note below.

(2) Nothing in this subsection shall prevent the Administrator

from concurrently submitting an energy action relating to price

together with an energy action relating to allocation of the same

oil, refined petroleum product, or refined product category.

-SOURCE-

(Pub. L. 93-275, Sec. 5, May 7, 1974, 88 Stat. 98; Pub. L. 94-385,

title I, Sec. 102, Aug. 14, 1976, 90 Stat. 1127.)

-REFTEXT-

REFERENCES IN TEXT

Sections 753, 754, and 760a of this title, referred to in subsec.

(c)(1), were omitted from the Code pursuant to section 760g of this

title, which provided for the expiration of the President's

authority under those sections on Sept. 30, 1981.

-MISC2-

AMENDMENTS

1976 - Subsec. (c). Pub. L. 94-385 added subsec. (c).

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 765 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 765. Transfer of functions

-STATUTE-

(a) Functions of Secretary and Department of the Interior

There are hereby transferred to and vested in the Administrator

all functions of the Secretary of the Interior, the Department of

the Interior, and officers and components of that Department -

(1) as relate to or are utilized by the Office of Petroleum

Allocation;

(2) as relate to or are utilized by the Office of Energy

Conservation;

(3) as relate to or are utilized by the Office of Energy Data

and Analysis; and

(4) as relate to or are utilized by the Office of Oil and Gas.

(b) Functions of Chairman and Executive Director of Cost of Living

Council

There are hereby transferred to and vested in the Administrator

all functions of the Chairman of the Cost of Living Council, the

Executive Director of the Cost of Living Council, and the Cost of

Living Council, and officers and components thereof, as relate to

or are utilized by the Energy Division of the Cost of Living

Council.

-SOURCE-

(Pub. L. 93-275, Sec. 6, May 7, 1974, 88 Stat. 100.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

ABOLITION OF COST OF LIVING COUNCIL

Cost of Living Council abolished July 1, 1974, by Ex. Ord. No.

11788, Sec. 1, June 18, 1974, 39 F.R. 22113.

-CITE-

15 USC Sec. 766 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 766. Administrative provisions

-STATUTE-

(a) Rules, regulations, and procedures; Environmental Protection

Agency, notification; quality of environment, publication of

comments; emergency preclusion of review by Environmental

Protection Agency

The Administrator may promulgate such rules, regulations, and

procedures as may be necessary to carry out the functions vested in

him: Provided, That:

(1) The Administrator shall, before promulgating proposed

rules, regulations, or policies affecting the quality of the

environment, provide a period of not less than five working days

during which the Administrator of the Environmental Protection

Agency may provide written comments concerning the impact of such

rules, regulations, or policies on the quality of the

environment. Such comments shall be published together with

publication of notice of the proposed action.

(2) The review required by paragraph (1) of this subsection may

be waived for a period of fourteen days if there is an emergency

situation which, in the judgment of the Administrator, requires

making effective the action proposed to be taken at a date

earlier than would permit the Administrator of the Environmental

Protection Agency the five working days opportunity for prior

comment required by paragraph (1). Notice of any such waiver

shall be given to the Administrator of the Environmental

Protection Agency and filed with the Federal Register with the

publication of notice of proposed or final agency action and

shall include an explanation of the reasons for such waiver,

together with supporting data and a description of the factual

situation in such detail as the Administrator determines will

apprise such agency and the public of the reasons for such

waiver.

The review required by paragraphs (1) and (2) of this subsection

may be waived for a period of fourteen days if there is an

emergency situation which, in the judgment of the Administrator,

requires immediate action.

(b) Adjustments; procedures respecting application and operation;

judicial review

Any officer or agency authorized to issue any rule or regulation,

or any order having the applicability and effect of a rule as

defined in section 551(4) of title 5, pursuant to this chapter

shall provide for the making of such adjustments, consistent with

the other purposes of this chapter, as may be necessary to prevent

special hardship, inequity, or unfair distribution of burdens and

shall, by rule, establish procedures which are available to any

person for the purpose of seeking an interpretation, modification,

rescission of, exception to, or exemption from, such rules,

regulations, and orders. Such officer or agency shall, within

ninety days after August 14, 1976, establish criteria and

guidelines by which such special hardship, inequity, or unfair

distribution of burdens shall be evaluated. Such officer or agency

shall additionally insure that each decision on any application or

petition requesting an adjustment shall specify the standards of

hardship, inequity, or unfair distribution of burden by which any

disposition was made, and the specific application of such

standards to the facts contained in any such application or

petition. If any person is aggrieved or adversely affected by a

denial of a request for adjustment under the preceding sentences,

he may request a review of such denial by the agency and may obtain

judicial review in accordance with subsection (c) of this section

when such a denial becomes final. The agency shall, by rule,

establish appropriate procedures, including a hearing when

requested, for review of a denial, and where deemed advisable by

the agency, for considering other requests for action under this

paragraph, except that no review of a denial under this

subparagraph shall be controlled by the same officer denying the

adjustment pursuant to this subparagraph.

(c) Judicial review of administrative rulemaking; filing of

petition in United States Court of Appeals

Judicial review of administrative rulemaking of general and

national applicability done under this chapter, except that done

pursuant to the Emergency Petroleum Allocation Act of 1973 (15

U.S.C. 751 et seq.), (FOOTNOTE 1) may be obtained only by filing a

petition for review in the United States Court of Appeals for the

District of Columbia within thirty days from the date of

promulgation of any such rule, regulation, or order, and judicial

review of administrative rulemaking of general, but less than

national, applicability done under this chapter, except that done

pursuant to the Emergency Petroleum Allocation Act of 1973,

(FOOTNOTE 1) may be obtained only by filing a petition for review

in the United States Court of Appeals for the appropriate circuit

within thirty days from the date of promulgation of any such rule,

regulation, or order, the appropriate circuit being defined as the

circuit which contains the area or the greater part of the area

within which the rule, regulation, or order is to have effect.

(FOOTNOTE 1) See References in Text note below.

(d) to (k) Repealed or Redesignated. Pub. L. 95-91, title VII, Sec.

709(a)(2)(B), (C), (F), (G), Aug. 4, 1977, 91 Stat. 608

(l) Authority and responsibility of General Counsel

Effective beginning July 1, 1977, amounts authorized to be

appropriated under this chapter or any other Act shall not be

available for the payment of salaries and other expenses with

respect to any office of regional counsel of the Administration

unless such office is under the direct supervision and control of

the General Counsel of the Administration.

-SOURCE-

(Pub. L. 93-275, Sec. 7, May 7, 1974, 88 Stat. 100; Pub. L. 94-385,

title I, Sec. 103-106, Aug. 14, 1976, 90 Stat. 1127-1129; Pub. L.

95-70, Sec. 8, July 21, 1977, 91 Stat. 277; Pub. L. 95-91, title

VII, Sec. 709(a)(2), Aug. 4, 1977, 91 Stat. 607.)

-REFTEXT-

REFERENCES IN TEXT

The Emergency Petroleum Allocation Act of 1973, referred to in

subsec. (c), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as

amended, which was classified generally to chapter 16A (Sec. 751 et

seq.) of this title, was omitted from the Code pursuant to section

760g of this title, which provided for the expiration of the

President's authority under that chapter on Sept. 30, 1981.

-MISC2-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-91, Sec. 709(a)(2)(A), struck out

subsec. (a) provisions: for appointment, employment, and

compensation of officers and employees; for prescription of their

authority and duties; for placement of specified number of

positions in GS-16, 17, and 18 and making competitive service

provisions inapplicable to a limited number of such positions; and

making classification standards and procedures applicable to the

authority provided for in this section and for duration of such

authority; and redesignated subsec. (c) as (a).

Subsec. (b). Pub. L. 95-91, Sec. 709(a)(2)(A), (C)-(E), struck

out subsec. (b) provisions respecting employment and compensation

of experts and consultants, redesignated subsec. (i)(1)(D) as (b),

and substituted therein ''any rule or regulation, or any order

having the applicability and effect of a rule as defined in section

551(4) of title 5 pursuant to this chapter'' for ''the rules,

regulations, or orders described in paragraph (A)'' and

''subsection (c) of this section'' for ''paragraph (2) of this

subsection''.

Subsec. (c). Pub. L. 95-91, Sec. 709(a)(2)(F), redesignated

subsec. (i)(2)(A) as (c). Former subsec. (c) redesignated (a).

Subsecs. (d) to (h). Pub. L. 95-91, Sec. 709(a)(2)(B), struck out

subsecs. (d) to (h) relating to: interagency cooperation and

reimbursement; seal and judicial notice; acceptance of gifts;

contract authority; and performance of other necessary activities.

Subsec. (i)(1)(A) to (C). Pub. L. 95-91, Sec. 709(a)(2)(C),

struck out subpar. (A) to (C) provisions relating to: application

of subch. II of ch. 5 of title 5 to rules, regulations, or orders

issued under this chapter; publication of notice of proposed rules,

regulations, or orders in the Federal Register and opportunity for

comment and waiver of the requirements when warranted by

considerations of public health, safety, or welfare; and

opportunity for oral presentation of views, data, and arguments

where rules, regulations, or orders are likely to have a

substantial impact on the Nation's economy or large numbers of

individuals or businesses.

Subsec. (i)(1)(D). Pub. L. 95-91, Sec. 709(a)(2)(C), redesignated

subpar. (D) as subsec. (b).

Subsec. (i)(E), (F). Pub. L. 95-91, Sec. 709(a)(2)(C), struck out

provisions of subpars. (E) and (F) providing for public

availability of internal rules and guidelines of the agency forming

a basis for rules, regulations, or orders and agency opinions

respecting determinations of requests for exception or exemption

from rules or orders; and procedures for holding hearings or oral

presentation of views with respect to rules or regulations the

effects of which are confined to a single unit of local government

or the residents thereof, a single geographic area within a State

or the residents thereof, or a single State or the residents

thereof.

Subsec. (i)(2)(A). Pub. L. 95-91, Sec. 709(a)(2)(F), redesignated

subpar. (A) as subsec. (c).

Subsec. (i)(2)(B), (3). Pub. L. 95-91, Sec. 709(a)(2)(F), (G),

struck out par. (2)(B) provisions relating to jurisdiction of

federal district courts, power of courts of competent jurisdiction

to consider defenses, removal of cases raising constitutional

defenses, and concurrent jurisdiction of cases or controversies

arising under rules, regulations, or orders of State or local

government agencies; and par. (3) provisions relating to procedures

for State or local government agencies.

Subsecs. (j), (k). Pub. L. 95-91, Sec. 709(a)(2)(G), struck out

subsecs. (j) and (k) relating to information for independent

regulatory agencies and limitation on enforcement authority of the

Administrator.

Subsec. (l). Pub. L. 95-70 added subsec. (l).

1976 - Subsec. (c). Pub. L. 94-385, Sec. 103, struck out

provisions relating to review of rules, regulations and procedures

by the Cost of Living Council and redistributed remaining

provisions as pars. (1) and (2).

Subsec. (i)(1)(D). Pub. L. 94-385, Sec. 104, inserted provisions

which require any officer or agency authorized to issue rules,

regulations or orders to establish criteria and guidelines for

evaluation of special hardship situations, to include in every

decision the standards applied in the disposition of such

situations, and requiring the hearing upon request of the aggrieved

party to be heard by an officer other than the one denying the

adjustment.

Subsec. (i)(1)(F). Pub. L. 94-385, Sec. 105, added subpar. (F).

Subsec. (k). Pub. L. 94-385, Sec. 106, added subsec. (k).

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 767, 771, 780, 790b of

this title.

-CITE-

15 USC Sec. 767 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 767. Transitional and savings provisions

-STATUTE-

(a) Continuance of effective status

All orders, determinations, rules, regulations, permits,

contracts, certificates, licenses, and privileges -

(1) which have been issued, made, granted, or allowed to become

effective by the President, by any Federal department or agency

or official thereof, or by a court of competent jurisdiction, in

the performance of functions which are transferred under this

chapter, and

(2) which are in effect at the time this chapter takes effect,

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked by the President, the

Administrator, other authorized officials, a court of competent

jurisdiction, or by operation of law.

(b) Pending proceedings; orders, appeals, payments

This chapter shall not affect any proceeding pending, at the time

this chapter takes effect, before any department or agency (or

component thereof) regarding functions which are transferred by

this chapter; but such proceedings, to the extent that they relate

to functions so transferred, shall be continued. Orders shall be

issued in such proceedings, appeals (except as provided in section

766(i)(2) of this title) shall be taken therefrom, and payments

shall be made pursuant to such orders, as if this chapter had not

been enacted; and orders issued in any such proceedings shall

continue in effect until modified, terminated, superseded, or

revoked by a duly authorized official, by a court of competent

jurisdiction, or by operation of law. Nothing in this subsection

shall be deemed to prohibit the discontinuance or modification of

any such proceeding under the same terms and conditions, and to the

same extent, that such proceeding could have been discontinued if

this chapter had not been enacted.

(c) Commencement of suits before effective date

Except as provided in subsection (e) of this section -

(1) the provisions of this chapter shall not affect suits

commenced prior to the date this chapter takes effect, and

(2) in all such suits proceedings shall be had, appeals taken,

and judgments rendered, in the same manner and effect as if this

chapter had not been enacted.

(d) Litigation; abatement prohibition; Federal parties

No suit, action, or other proceeding commenced by or against any

officer in his official capacity as an officer of any department or

agency, functions of which are transferred by this chapter, shall

abate by reason of the enactment of this chapter. No cause of

action by or against any department or agency, functions of which

are transferred by this chapter, or by or against any officer

thereof in his official capacity shall abate by reason of the

enactment of this chapter. Causes of actions, suits, actions, or

other proceedings may be asserted by or against the United States

or such official as may be appropriate and, in any litigation

pending when this chapter takes effect, the court may at any time,

on its own motion or that of any party, enter any order which will

give effect to the provisions of this section.

(e) Substitution of parties

If, before the date on which this chapter takes effect, any

department or agency, or officer thereof in his official capacity,

is a party to a suit, and under this chapter any function of such

department, agency, or officer is transferred to the Administrator,

or any other official, then such suit shall be continued as if this

chapter had not been enacted, with the Administrator, or other

official as the case may be, substituted.

(f) Judicial review; other requirements respecting notices,

hearings, action upon record, and administrative review;

conflicting provisions

Final orders and actions of any official or component in the

performance of functions transferred by this chapter shall be

subject to judicial review to the same extent and in the same

manner as if such orders or actions had been made or taken by the

officer, department, agency, or instrumentality in the performance

of such functions immediately preceding the effective date of this

chapter. Any statutory requirements relating to notices, hearings,

action upon the record, or administrative review that apply to any

function transferred or delegated by this chapter shall apply to

the performance of those functions by the Administrator, or any

officer or component of the Administration. In the event of any

inconsistency between the provisions of this subsection and section

766 of this title, the provisions of section 766 of this title

shall govern.

(g) References in other laws deemed references to transferee

offices or officers

With respect to any function transferred by this chapter and

performed after the effective date of this chapter, reference in

any other law to any department or agency, or any officer or

office, the functions of which are so transferred, shall be deemed

to refer to the Administration, Administrator, or other office or

officers in which this chapter vests such functions.

(h) Presidential functions, authorities, and delegations unaffected

Nothing contained in this chapter shall be construed to limit,

curtail, abolish, or terminate any function of the President which

he had immediately before the effective date of this chapter; or to

limit, curtail, abolish, or terminate his authority to perform such

function; or to limit, curtail, abolish, or terminate his authority

to delegate, redelegate, or terminate any delegations of functions.

(i) References to other provisions deemed references to such

provisions as amended or supplemented

Any reference in this chapter to any provision of law shall be

deemed to include, as appropriate, references thereto as now or

hereafter amended or supplemented.

-SOURCE-

(Pub. L. 93-275, Sec. 8, May 7, 1974, 88 Stat. 103.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 768 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 768. Repealed. Pub. L. 95-91, title VII, Sec. 709(a)(1), Aug.

4, 1977, 91 Stat. 607

-MISC1-

Section, Pub. L. 93-275, Sec. 9, May 7, 1974, 88 Stat. 105,

related to incidental transfers of personnel, assets, liabilities,

contracts, etc., by the Director of the Office of Management and

Budget necessary and appropriate to accomplish the intent and

purpose of this chapter.

-CITE-

15 USC Sec. 769 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 769. Definitions

-STATUTE-

As used in this chapter -

(1) any reference to ''function'' or ''functions'' shall be

deemed to include references to duty, obligation, power,

authority, responsibility, right, privilege, and activity, or the

plural thereof, as the case may be; and

(2) any reference to ''perform'' or ''performance'', when used

in relation to functions, shall be deemed to include the exercise

of power, authority, rights, and privileges.

-SOURCE-

(Pub. L. 93-275, Sec. 10, May 7, 1974, 88 Stat. 105.)

-CITE-

15 USC Sec. 770 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 770. Appointments

-STATUTE-

(a) Interim funds

Funds available to any department or agency (or any official or

component thereof), and lawfully authorized for any of the specific

functions which are transferred to the Administrator by this

chapter, may, with the approval of the President, be used to pay

the compensation and expenses of any officer appointed pursuant to

this chapter until such times as funds for that purpose are

otherwise available.

(b) Interim appointments

In the event that any officer required by this chapter to be

appointed by and with the advice and consent of the Senate shall

not have entered upon office on the effective date of this chapter,

the President may designate any officer, whose appointment was

required to be made by and with the advice and consent of the

Senate and who was such an officer immediately prior to the

effective date of this chapter, or any officer who was performing

essentially the same functions immediately prior to the effective

date of this chapter to act in such office until the office is

filled as provided in this chapter: Provided, That any officer

acting pursuant to the provisions of this subsection may act no

longer than a period of thirty days unless during such period his

appointment as such an officer is submitted to the Senate for its

advice and consent.

(c) Nontemporary personnel; transferee rights for one year

Transfer of nontemporary personnel pursuant to this chapter shall

not cause any such employee to be separated or reduced in grade or

compensation, except for cause, for one year after such transfer.

(d) Compensation of new position at not less than provided for in

Executive Schedule for previous position in cases of appointees

without break in service

Any person who, on the effective date of this chapter, held a

position compensated in accordance with the Executive Schedule

prescribed in chapter 53 of title 5, and who, without a break in

service, is appointed in the Administration to a position having

duties comparable to those performed immediately preceding his

appointment, shall continue to be compensated in his new position

at not less than the rate provided for his previous position.

-SOURCE-

(Pub. L. 93-275, Sec. 11, May 7, 1974, 88 Stat. 105.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 771 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 771. Comptroller General, powers and duties

-STATUTE-

(a) Scope of activities; monitoring activity; data to Comptroller

General from Administration; reports and recommendations to

Congress

For the duration of this chapter, the Comptroller General of the

United States shall monitor and evaluate the operations of the

Administration including its reporting activities. The Comptroller

General shall (1) conduct studies of existing statutes and

regulations governing the Administration's programs; (2) review the

policies and practices of the Administration; (3) review and

evaluate the procedures followed by the Administrator in gathering,

analyzing, and interpreting energy statistics, data, and

information related to the management and conservation of energy,

including but not limited to data related to energy costs, supply,

demand, industry structure, and environmental impacts; and (4)

evaluate particular projects or programs. The Comptroller General

shall have access to such data within the possession or control of

the Administration from any public or private source whatever,

notwithstanding the provisions of any other law, as are necessary

to carry out his responsibilities under this chapter and shall

report to the Congress at such times as he deems appropriate with

respect to the Administration's programs, including his

recommendations for modifications in existing laws, regulations,

procedures, and practices.

(b) Access to material and written energy information from owners

or operators of facilities or business premises engaged in

energy matters; scope of information

The Comptroller General or any of his authorized representatives

in carrying out his responsibilities under this section may request

access to any books, documents, papers, statistics, data, records,

and information of any person owning or operating facilities or

business premises who is engaged in any phase of energy supply or

major energy consumption, where such material relates to the

purposes of this chapter, including but not limited to energy

costs, demand, supply, industry structure, and environmental

impacts. The Comptroller General may request such person to submit

in writing such energy information as the Comptroller General may

prescribe.

(c) Access to material and information from recipients of Federal

funds or assistance under Federal transactions

The Comptroller General of the United States, or any of his duly

authorized representatives, shall have access to and the right to

examine any books, documents, papers, records, or other recorded

information of any recipients of Federal funds or assistance under

contracts, leases, cooperative agreements, or other transactions

entered into pursuant to subsection (d) or (g) of section 766

(FOOTNOTE 1) of this title which in the opinion of the Comptroller

General may be related or pertinent to such contracts, leases,

cooperative agreements, or similar transactions.

(FOOTNOTE 1) See References in Text note below.

(d) Subpenas; committee resolution; issuance; production of

evidence

To assist in carrying out his responsibilities under this

section, the Comptroller General may, with the concurrence of a

duly established committee of Congress having legislative or

investigative jurisdiction over the subject matter and upon the

adoption of a resolution by such a committee which sets forth

specifically the scope and necessity therefor, and the specific

identity of those persons from whom information is sought, sign and

issue subpenas requiring the production of the books, documents,

papers, statistics, data, records, and information referred to in

subsection (b) of this section.

(e) Enforcement of subpenas; jurisdiction; order for production of

evidence; contempt

In case of disobedience to a subpena issued under subsection (d)

of this section, the Comptroller General may invoke the aid of any

district court of the United States in requiring the production of

the books, documents, papers, statistics, data, records, and

information referred to in subsection (b) of this section. Any

district court of the United States within the jurisdiction where

such person is found or transacts business may, in case of

contumacy or refusal to obey a subpena issued by the Comptroller

General, issue an order requiring such person to produce the books,

documents, papers, statistics, data, records, or information; and

any failure to obey such order of the court shall be punished by

the court as a contempt thereof.

(f) Availability to public of reports submitted to Congress;

prohibited disclosures: confidential information and trade

secrets; preservation of confidentiality in disclosures to

Government

Reports submitted by the Comptroller General to the Congress

pursuant to this section shall be available to the public at

reasonable cost and upon identifiable request. The Comptroller

General may not disclose to the public any information which

concerns or relates to a trade secret or other matter referred to

in section 1905 of title 18, except that such information shall be

disclosed by the Comptroller General or the Administrator, in a

manner designed to preserve its confidentiality -

(1) to other Federal Government departments, agencies, and

officials for official use upon request;

(2) to committees of Congress upon request; and

(3) to a court in any judicial proceeding under court order.

-SOURCE-

(Pub. L. 93-275, Sec. 12, May 7, 1974, 88 Stat. 106.)

-REFTEXT-

REFERENCES IN TEXT

Subsections (d) and (g) of section 766 of this title, referred to

in subsec. (c), were repealed by Pub. L. 95-91, title VII, Sec.

709(a)(2)(B), Aug. 4, 1977, 91 Stat. 608.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

Functions of Comptroller General of United States under this

section made applicable with respect to monitoring and evaluation

of all functions and activities of Department of Energy by section

7137 of Title 42.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 sections 6892, 7137.

-CITE-

15 USC Sec. 772 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 772. Administrator's information-gathering power

-STATUTE-

(a) Comprehensive and particular energy information; categorical

groupings; monitoring activity and policy guidance

The Administrator shall collect, assemble, evaluate, and analyze

energy information by categorical groupings, established by the

Administrator, of sufficient comprehensiveness and particularity to

permit fully informed monitoring and policy guidance with respect

to the exercise of his functions under this chapter.

(b) Information and data to Administrator from owners or operators

of facilities or business premises engaged in energy matters

All persons owning or operating facilities or business premises

who are engaged in any phase of energy supply or major energy

consumption shall make available to the Administrator such

information and periodic reports, records, documents, and other

data, relating to the purposes of this chapter, including full

identification of all data and projections as to source, time, and

methodology of development, as the Administrator may prescribe by

regulation or order as necessary or appropriate for the proper

exercise of functions under this chapter.

(c) General or special orders for filing reports or answers in

writing to specific questions, surveys, or questionnaires; oath

or otherwise; filing period

The Administrator may require, by general or special orders, any

person engaged in any phase of energy supply or major energy

consumption to file with the Administrator in such form as he may

prescribe, reports or answers in writing to such specific

questions, surveys, or questionnaires as may be necessary to enable

the Administrator to carry out his functions under this chapter.

Such reports and answers shall be made under oath, or otherwise, as

the Administrator may prescribe, and shall be filed with the

Administrator within such reasonable period as he may prescribe.

(d) Investigations, physical inspections, inventories and samples,

copies, and interrogations

The Administrator, to verify the accuracy of information he has

received or otherwise to obtain information necessary to perform

his functions under this chapter, is authorized to conduct

investigations, and in connection therewith, to conduct, at

reasonable times and in a reasonable manner, physical inspections

at energy facilities and business premises, to inventory and sample

any stock of fuels or energy sources therein, to inspect and copy

records, reports, and documents from which energy information has

been or is being compiled, and to question such persons as he may

deem necessary.

(e) Subpenas; attendance and testimony of witnesses; production of

evidence; enforcement; judicial orders; contempt

(1) The Administrator, or any of his duly authorized agents,

shall have the power to require by subpena the attendance and

testimony of witnesses, and the production of all information,

documents, reports, answers, records, accounts, papers, and other

data and documentary evidence which the Administrator is authorized

to obtain pursuant to this section.

(2) Any appropriate United States district court may, in case of

contumacy or refusal to obey a subpena issued pursuant to this

section, issue an order requiring the party to whom such subpena is

directed to appear before the Administration and to give testimony

touching on the matter in question, or to produce any matter

described in paragraph (1) of this subsection, and any failure to

obey such order of the court may be punished by such court as a

contempt thereof.

(f) Federal information concerning energy resources on Federal

lands; scope of information

The Administrator shall collect from departments, agencies and

instrumentalities of the executive branch of the Government

(including independent agencies), and each such department, agency,

and instrumentality is authorized and directed to furnish, upon his

request, information concerning energy resources on lands owned by

the Government of the United States. Such information shall

include, but not be limited to, quantities of reserves, current or

proposed leasing agreements, environmental considerations, and

economic impact analyses.

(g) Maintenance of records and accounts

With respect to any person who is subject to any rule,

regulation, or order promulgated by the Administrator or to any

provision of law the administration of which is vested in or

transferred or delegated to the Administrator, the Administrator

may require, by rule, the keeping of such accounts or records as he

determines are necessary or appropriate for determining compliance

with such rule, regulation, order, or any applicable provision of

law.

(h) Alleviation of reporting burdens for small businesses

In exercising his authority under this chapter and any other

provision of law relating to the collection of energy information,

the Administrator shall take into account the size of businesses

required to submit reports with the Administrator so as to avoid,

to the greatest extent practicable, overly burdensome reporting

requirements on small marketers and distributors of petroleum

products and other small business concerns required to submit

reports to the Administrator.

(i) Penalties for failure to file information

Any failure to make information available to the Administrator

under subsection (b) of this section, any failure to comply with

any general or special order under subsection (c) of this section,

or any failure to allow the Administrator to act under subsection

(d) of this section shall be subject to the same penalties as any

violation of section 796 of this title or any rule, regulation, or

order issued under such section.

-SOURCE-

(Pub. L. 93-275, Sec. 13, May 7, 1974, 88 Stat. 107; Pub. L.

94-385, title I, Sec. 107, 108, Aug. 14, 1976, 90 Stat. 1129.)

-MISC1-

AMENDMENTS

1976 - Subsecs. (g), (h). Pub. L. 94-385, Sec. 107, added

subsecs. (g) and (h).

Subsec. (i). Pub. L. 94-385, Sec. 108, added subsec. (i).

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 774, 790, 3418, 4504 of

this title; title 42 section 6274.

-CITE-

15 USC Sec. 773 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 773. Public disclosure of information

-STATUTE-

(a) Analyses, data, information, reports, and summaries; objectives

of disclosure

The Administrator shall make public, on a continuing basis, any

statistical and economic analyses, data, information, and whatever

reports and summaries are necessary to keep the public fully and

currently informed as to the nature, extent, and projected duration

of shortages of energy supplies, the impact of such shortages, and

the steps being taken to minimize such impacts.

(b) Freedom of Information Act applicable; disclosure of

confidential information or trade secrets; disclosure of matter

included in public annual reports to Securities and Exchange

Commission and matter excepted from such disclosure

Subject to the provisions of this chapter, section 552 of title 5

shall apply to public disclosure of information by the

Administrator: Provided, That notwithstanding said section, the

provisions of section 1905 of title 18, or any other provision of

law, (1) all matters reported to, or otherwise obtained by, any

person exercising authority under this chapter containing trade

secrets or other matter referred to in section 1905 of title 18,

may be disclosed to other persons authorized to perform functions

under this chapter solely to carry out the purposes of the chapter,

or when relevant in any proceeding under this chapter, and (2) the

Administrator shall disclose to the public, at a reasonable cost,

and upon a request which reasonably describes the matter sought,

any matter of the type which could not be excluded from public

annual reports to the Securities and Exchange Commission pursuant

to section 78m or 78o(d) of this title by a business enterprise

exclusively engaged in the manufacture or sale of a single product,

unless such matter concerns or relates to the trade secrets,

processes, operations, style of work, or apparatus of a business

enterprise.

(c) Guidelines and procedures for handling information pertaining

to individuals; access of individuals to such personal

information

To protect and assure privacy of individuals and confidentiality

of personal information, the Administrator is directed to establish

guidelines and procedures for handling any information which the

Administration obtains pertaining to individuals. He shall

provide, to the extent practicable, in such guidelines and

procedures a method for allowing any such individual to gain access

to such information pertaining to himself.

-SOURCE-

(Pub. L. 93-275, Sec. 14, May 7, 1974, 88 Stat. 108.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 6274.

-CITE-

15 USC Sec. 774 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 774. Reports and recommendations

-STATUTE-

(a) Administrator's initial submittal to President and Congress

Not later than one year after the effective date of this chapter,

the Administrator shall submit a report to the President and

Congress which will provide a complete and independent analysis of

actual oil and gas reserves and resources in the United States and

its Outer Continental Shelf, as well as of the existing productive

capacity and the extent to which such capacity could be increased

for crude oil and each major petroleum product each year for the

next ten years through full utilization of available technology and

capacity. The report shall also contain the Administration's

recommendations for improving the utilization and effectiveness of

Federal energy data and its manner of collection. The data

collection and analysis portion of this report shall be prepared by

the Federal Trade Commission for the Administration. Unless

specifically prohibited by law, all Federal agencies shall make

available estimates, statistics, data and other information in

their files which, in the judgment of the Commission or

Administration, are necessary for the purposes of this subsection.

(b) Administrator's annual report to Congress; contents

The Administrator shall prepare and submit directly to the

Congress and the President every year after May 7, 1974, a report

which shall include -

(1) a review and analysis of the major actions taken by the

Administrator;

(2) an analysis of the impact these actions have had on the

Nation's civilian requirements for energy supplies for materials

and commodities;

(3) a projection of the energy supply for the midterm and long

term for each of the major types of fuel and the potential size

and impact of any anticipated shortages, including

recommendations for measures to -

(A) minimize deficiencies of energy supplies in relation to

needs;

(B) maintain the health and safety of citizens;

(C) maintain production and employment at the highest

feasible level;

(D) equitably share the burden of shortages among individuals

and business firms; and

(E) minimize any distortion of voluntary choices of

individuals and firms;

(4) a summary listing of all recipients of funds and the amount

thereof within the preceding period; and

(5) a summary listing of information-gathering activities

conducted under section 772 of this title.

(6) an analysis of the energy needs of the United States and

the methods by which such needs can be met, including both tax

and nontax proposals and energy conservation strategies.

In the first annual report submitted after August 14, 1976, the

Administrator shall include in such report with respect to the

analysis referred to in paragraph (6) a specific discussion of the

utility and relative benefits of employing a Btu tax as a means for

obtaining national energy goals.

(c) Citizen fuel use; summer guidelines

Not later than thirty days after the effective date of this

chapter, the Administrator shall issue preliminary summer

guidelines for citizen fuel use.

(d) Administrator's interim reports to Congress

The Administrator shall provide interim reports to the Congress

from time to time and when requested by committees of Congress.

(e) Energy needs analysis; time for submission; contents;

continuation of analysis after termination of Administration

The analysis referred to in subsection (b)(6) of this section

shall include, for each of the next five fiscal years following the

year in which the annual report is submitted and for the tenth

fiscal year following such year -

(1) the effect of various conservation programs on such energy

needs;

(2) the alternate methods of meeting the energy needs

identified in such annual report and of -

(A) the relative capital and other economic costs of each

such method;

(B) the relative environmental, national security, and

balance-of-trade risks of each such method;

(C) the other relevant advantages and disadvantages of each

such method; and

(3) recommendations for the best method or methods of meeting

the energy needs identified in such annual report and for

legislation needed to meet those needs.

Notwithstanding the termination of this chapter, the President

shall designate an appropriate Federal agency to conduct the

analysis specified in subsection (b)(6) of this section.

-SOURCE-

(Pub. L. 93-275, Sec. 15, May 7, 1974, 88 Stat. 108; Pub. L.

94-385, title I, Sec. 109(a)-(c), Aug. 14, 1976, 90 Stat. 1130.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of this chapter, referred to in subsecs. (a)

and (c), see Effective and Termination Dates note set out under

section 761 of this title.

-MISC2-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-385, Sec. 109(a), redesignated

subsec. (b) as (a) and struck out former subsec. (a) relating to

submission of a report by the President to Congress with

recommendations for disposition, continuation, or reorganization of

Energy Administration and organization of the Federal Government

for the management of energy and natural resources policies and

programs.

Subsec. (b). Pub. L. 94-385, Sec. 109(a)(2), (b), redesignated

subsec. (c) as (b) and added par. (6) and provisions requiring

Administrator to include in report a discussion on benefits of

employing a utility and Btu tax as a means for obtaining national

energy goals. Former subsec. (b) redesignated (a).

Subsecs. (c) to (e). Pub. L. 94-385, Sec. 109(a)(2), (c),

redesignated subsecs. (c) to (e) as (b) to (d), respectively, and

added new subsec. (e).

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 sections 5819, 7267.

-CITE-

15 USC Sec. 775 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 775. Sex discrimination; enforcement; other legal remedies

-STATUTE-

No individual shall on the grounds of sex be excluded from

participation in, be denied the benefits of, or be subjected to

discrimination under any program or activity carried on or

receiving Federal assistance under this chapter. This provision

will be enforced through agency provisions and rules similar to

those already established, with respect to racial and other

discrimination, under title VI of the Civil Rights Act of 1964 (42

U.S.C. 2000d et seq.). However, this remedy is not exclusive and

will not prejudice or remove any other legal remedies available to

any individual alleging discrimination.

-SOURCE-

(Pub. L. 93-275, Sec. 16, May 7, 1974, 88 Stat. 109.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in text, is Pub. L.

88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Civil Rights Act of 1964 is classified to subchapter V (Sec. 2000d

et seq.) of chapter 21 of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see Short

Title note set out under section 2000a of Title 42 and Tables.

-CITE-

15 USC Sec. 776 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 776. Repealed. Pub. L. 105-28, Sec. 2(b)(2), July 18, 1997,

111 Stat. 245

-MISC1-

Section, Pub. L. 93-275, Sec. 17, May 7, 1974, 88 Stat. 110,

related to composition and manner of meeting of boards, task

forces, commissions, committees, or similar groups not composed

entirely of full-time Government employees, established or utilized

by Administrator.

-CITE-

15 USC Sec. 777 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 777. Economic analysis of proposed actions

-STATUTE-

(a) Scope of analysis

In carrying out the provisions of this chapter, the Administrator

shall, to the greatest extent practicable, insure that the

potential economic impacts of proposed regulatory and other actions

are evaluated and considered, including but not limited to an

analysis of the effect of such actions on -

(1) the fiscal integrity of State and local governments;

(2) vital industrial sectors of the economy;

(3) employment, by industrial and trade sectors, as well as on

a national, regional, State, and local basis;

(4) the economic vitality of regional, State, and local areas;

(5) the availability and price of consumer goods and services;

(6) the gross national product;

(7) low and middle income families as defined by the Bureau of

Labor Statistics;

(8) competition in all sectors of industry; and

(9) small business.

(b) Conservation measures

The Administrator shall develop analyses of the economic impact

of various conservation measures on States or significant sectors

thereof, considering the impact on both energy for fuel and energy

as feed stock for industry.

(c) Explicit analyses; interagency cooperation; other review and

cause of action provisions

Such analyses shall, wherever possible, be made explicit, and to

the extent possible, other Federal agencies and agencies of State

and local governments which have special knowledge and expertise

relevant to the impact of proposed regulatory or other actions

shall be consulted in making the analyses and all Federal agencies

are authorized and directed to cooperate with the Administrator in

preparing such analyses: Provided, That the Administrator's actions

pursuant to this section shall not create any right of review or

cause of action except as would otherwise exist under other

provisions of law.

(d) Monitoring economic impact of energy actions; report and

recommendations to Congress

The Administrator, together with the Secretaries of Labor and

Commerce, shall monitor the economic impact of any energy actions

taken by the Administrator, and shall provide the Congress with an

annual report on the impact of the energy shortage and the

Administrator's actions on employment and the economy. Such report

shall contain recommendations as to whether additional Federal

programs of employment and economic assistance should be put into

effect to minimize the impact of the energy shortage and any

actions taken.

(e) Industrial or regional discrimination; equal bearing of costs

and burdens of meeting energy shortages

The Administrator shall formulate and implement regulatory and

other actions in a manner (1) which does not unduly discriminate

against any industry or any region of the United States; and (2)

designed to insure that, to the greatest extent possible, the costs

and burdens of meeting energy shortages shall be borne equally by

every sector and segment of the country and of the economy.

-SOURCE-

(Pub. L. 93-275, Sec. 18, May 7, 1974, 88 Stat. 110; Pub. L.

94-385, title I, Sec. 109(d), Aug. 14, 1976, 90 Stat. 1130.)

-MISC1-

AMENDMENTS

1976 - Subsec. (d). Pub. L. 94-385 substituted ''an annual

report'' for ''a report every six months''.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(d) of this section relating to providing an annual report to

Congress on the impact of the energy shortage and the

Administrator's actions on employment and the economy, see section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance, and page 84 of House Document

No. 103-7.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 778 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 778. Management oversight review; report to Administrator

-STATUTE-

The Administrator may, for a period not to exceed thirty days in

any one calendar year, provide for the exercise or performance of a

management oversight review with respect to the conduct of any

Federal or State (with consent of the Governor) energy program

conducted pursuant to this chapter. Such review may be conducted

by contract or by any Federal department or agency. A written

report shall be submitted to the Administrator concerning the

findings of the review.

-SOURCE-

(Pub. L. 93-275, Sec. 19, May 7, 1974, 88 Stat. 111.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 779 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 779. Coordination with, and technical assistance to, State

governments

-STATUTE-

(a) Report to Congress and State governments: organization of

Administration; report to the public, Congress and State

governments; scope of nontechnical report; comments of State

governments respecting rules, regulations, or policies and

programs; energy shortages, status reports; information

clearinghouse

The Administrator shall -

(1) coordinate Federal energy programs and policies with such

programs and policies of State governments by providing -

(A) within sixty days of the effective date of this chapter,

the Congress and State governments with a report on the manner

in which he has organized the Administration based upon the

functions delegated by the President or assigned to the

Administrator by this chapter or under the authority of other

Acts; and

(B) within one hundred and twenty days of the effective date

of this chapter, the public, State governments, and all Members

of the Congress with a report in nontechnical language which -

(i) describes the functions performed by the

Administration;

(ii) sets forth in detail the organization of the

Administration, the location of its offices (including

regional, State, and local offices), the names and phone

numbers of Administration officials, and other appropriate

information concerning the operation of the Administration;

(iii) delineates the role that State, and Federal

governments will or may perform in achieving the purposes of

this chapter; and

(iv) provides the public with a clear understanding of

their duties and obligations, rights, and responsibilities

under any of the programs or functions of the Administration;

(2) before promulgating any rules, regulations, or policies,

and before establishing any programs under the authority of this

chapter, provide, where practicable, a reasonable period in which

State governments may provide written comments if such rules,

regulations, policies, or programs substantially affect the

authority or responsibility of such State governments;

(3) provide, in accordance with the provisions of this chapter,

upon request, to State governments all relevant information he

possesses concerning the status and impact of energy shortages,

the extent and location of available supplies and shortages of

crude oil, petroleum products, natural gas, and coal, within the

distribution area serving that particular State government; and

(4) provide for a central clearinghouse for Federal agencies

and State governments seeking energy information and assistance

from the Federal Government.

(b) Technical assistance; task forces; conferences: expenses of

participation; model legislation; uniform criteria, procedures,

and forms for grant or contract applications for State

government energy proposals

Pursuant to his responsibility under this section, the

Administrator shall -

(1) provide technical assistance - including advice and

consultation relating to State programs, and, where necessary,

the use of task forces of public officials and private persons

assigned to work with State governments - to assist State

governments in dealing with energy problems and shortages and

their impact and in the development of plans, programs, and

policies to meet the problems and shortages so identified;

(2) convene conferences of State and Federal officials, and

such other persons as the Administrator designates, to promote

the purposes of this chapter, and the Administrator is authorized

to pay reasonable expenses incurred in the participation of

individuals in such conferences;

(3) draft and make available to State governments model

legislation with respect to State energy programs and policies;

and

(4) promote the promulgation of uniform criteria, procedures,

and forms for grant or contract applications for energy proposals

submitted by State governments.

-SOURCE-

(Pub. L. 93-275, Sec. 20, May 7, 1974, 88 Stat. 111.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 780 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 780. Office of Private Grievances and Redress

-STATUTE-

(a) Establishment; director; statement of purpose

The Administrator shall establish and maintain an Office of

Private Grievances and Redress, headed by a director, to receive

and evaluate petitions filed in accordance with subsection (b) of

this section, and to make recommendations to the Administrator for

appropriate action.

(b) Petition for special redress, relief, or other extraordinary

assistance; nature of remedy

Any person, adversely affected by any order, rule, or regulation

issued by the Administrator in carrying out the functions assigned

to him under this chapter, may petition the Administrator for

special redress, relief, or other extraordinary assistance, apart

from, or in addition to, any right or privilege to seek redress of

grievances provided in section 766 of this title.

(c) Statement for annual report; recommendations to Congress

The Administrator shall submit to the Secretary for inclusion in

the annual report required by section 7267 of title 42 a statement

on the nature and number of the grievances which have been filed,

and the action taken and relief provided, pursuant to this section;

and he shall make recommendations to the Congress from time to time

concerning legislative or administrative actions which may be taken

to better assist persons adversely affected by the energy shortages

and to distribute more equitably the burdens resulting from any

measures adopted, or actions taken, by him.

-SOURCE-

(Pub. L. 93-275, Sec. 21, May 7, 1974, 88 Stat. 112; Pub. L.

96-470, title II, Sec. 203(h), Oct. 19, 1980, 94 Stat. 2244.)

-MISC1-

AMENDMENTS

1980 - Subsec. (c). Pub. L. 96-470 substituted ''submit to the

Secretary for inclusion in the annual report required by section

7267 of title 42 a statement'' for ''report quarterly to the

Congress''.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 781 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 781. Comprehensive energy plan

-STATUTE-

(a) Report to President and Congress; analytical justification;

scope of analysis

Pursuant and subject to the provisions and procedures set forth

in this chapter, the Administrator shall, within six months from

May 7, 1974, develop and report to the Congress and the President a

comprehensive plan designed to alleviate the energy shortage, for

the time period covered by this chapter. Such plan shall be

accompanied by full analytical justification for the actions

proposed therein. Such analysis shall include, but not be limited

to -

(1) estimates of the energy savings of each action and of the

program as a whole;

(2) estimates of any windfall losses and gains to be

experienced by corporations, industries, and citizens grouped by

socioeconomic class;

(3) estimates of the impact on supplies and consumption of

energy forms consequent to such price changes as are or may be

proposed; and

(4) a description of alternative actions which the

Administrator has considered together with a rationale in

explanation of the rejection of any such alternatives in

preference to the measures actually proposed.

(b) Alterations; analytical justifications

The Administrator may, from time to time, modify or otherwise

alter any such plan, except that, upon request of an appropriate

committee of the Congress, the Administrator shall supply

analytical justifications for any such alterations.

(c) Monitoring activity

The Administrator shall be responsible for monitoring any such

plans as are implemented with respect to their effectiveness in

achieving the anticipated benefits.

-SOURCE-

(Pub. L. 93-275, Sec. 22, May 7, 1974, 88 Stat. 113.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 782 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 782. Petrochemical report to Congress

-STATUTE-

(a) Scope of report

Within ninety days after he has entered upon the office of

Administrator or has been designated by the President to act in

such office, the Administrator, or acting Administrator, as the

case may be, with the assistance of the Department of Commerce, the

Cost of Living Council, and the United States International Trade

Commission shall, by written report, inform the Congress as to the

-

(1) effect of current petrochemical prices upon the current

level of petrochemical exports, and export levels expected for

1975;

(2) effect of current and expected 1975 petrochemical export

levels upon domestic petrochemical raw materials and products

available to petrochemical producers, converters, and fabricators

currently and in 1975;

(3) current contribution of petrochemical imports to domestic

supplies and the expected contributions in 1975;

(4) anticipated economic effects of current and expected 1975

levels of domestic supplies of petrochemicals upon domestic

producers, converters, and fabricators of petrochemical raw

materials and products; and

(5) exact nature, extent, and sources of data and other

information available to the Federal Government regarding the

matters set forth in paragraphs (1) through (4) of this

subsection, including the exact nature, extent, and sources of

such data and information utilized in connection with the report

required by this subsection.

(b) ''Petrochemical'' defined

As used in this section, the term ''petrochemical'' includes

organic chemicals, cyclic intermediates, plastics and resins,

synthetic fibers, elastomers, organic dyes, organic pigments,

detergents, surface active agents, carbon black and ammonia.

-SOURCE-

(Pub. L. 93-275, Sec. 23, May 7, 1974, 88 Stat. 113; Pub. L.

93-618, title I, Sec. 171(b), Jan. 3, 1975, 88 Stat. 2009.)

-MISC1-

AMENDMENTS

1975 - Subsec. (a). Pub. L. 93-618 substituted ''United States

International Trade Commission'' for ''United States Tariff

Commission''.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

ABOLITION OF COST OF LIVING COUNCIL

Cost of Living Council abolished July 1, 1974, by Ex. Ord. No.

11788, Sec. 1, June 18, 1974, 39 FR 22113.

-CITE-

15 USC Sec. 783 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 783. Hydroelectric generating facilities; lists, transmittal

to Congress; construction schedule and cost estimates for

expedited construction program; prospective accomplishments

from expedited completion of facilities; statement of

appropriated but not obligated funds

-STATUTE-

Within ninety days of the effective date of this chapter, the

Administrator of the Federal Energy Administration, in consultation

with the Secretary of the Interior and the Secretary of the Army,

shall -

(1) transmit to the Congress -

(A) a list of hydroelectric generating facilities and

electric power transmission facilities which have been

authorized for construction by the Congress and which are not

yet completed, and

(B) a list of opportunities to increase the capacity of

existing hydroelectric generating facilities, and

(2) provide, for each such facility which is listed -

(A) a construction schedule and cost estimates for an

expedited construction program which would make the facility

available for service at the earliest practicable date, and

(B) a statement of the accomplishments which could be

provided by the expedited completion of each facility and a

statement of any funds which have been appropriated but not yet

obligated.

-SOURCE-

(Pub. L. 93-275, Sec. 24, May 7, 1974, 88 Stat. 114.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 784 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 784. Exports of coal and refined petroleum products

-STATUTE-

(a) File concerning export transactions, sales, exchanges or

shipments: establishment and maintenance; scope of information

The Administrator is authorized and directed to establish and

maintain a file which shall contain information concerning every

transaction, sale, exchange or shipment involving the export from

the United States to a foreign nation of coal, crude oil, residual

oil or any refined petroleum product. Information to be included

in the file shall be current and shall include, but shall not be

limited to, the name of the exporter (including the name or names

of the holders of any beneficial interests), the volume and type of

product involved in the export transaction, the manner of shipment

and identification of the vessel or carrier, the destination, the

name of the purchaser if a sale, exchange or other transaction is

involved, and a statement of reasons justifying the export.

(b) Information and report to committee of Congress or head of

Federal agency from Administrator; exception: disclosure

detrimental to national security

Upon request of any committee of Congress or the head of any

Federal agency, the Administrator shall promptly provide any

information maintained in the file and a report thereon to such

committee, or agency head, except where the President finds such

disclosure to be detrimental to national security.

(c) Information to Administrator from Federal agency

Notwithstanding any other provision of law, any Federal agency

which collects or has information relevant to the functions

required by this section shall make such information available to

the Administrator.

(d) Collection of independent information

The Administrator shall not be required to collect independently

information described in subsection (a) of this section if he can

secure the information described in subsection (a) of this section

from other Federal agencies and the information secured from such

agencies is available to the Congress pursuant to a request under

subsection (b) of this section.

-SOURCE-

(Pub. L. 93-275, Sec. 25, May 7, 1974, 88 Stat. 114; Pub. L.

94-385, title I, Sec. 111, Aug. 14, 1976, 90 Stat. 1132.)

-MISC1-

AMENDMENTS

1976 - Subsec. (d). Pub. L. 94-385 added subsec. (d).

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 785 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 785. Foreign ownership; comprehensive review; sources of

information; report to Congress; monitoring activity

-STATUTE-

The Administrator shall conduct a comprehensive review of foreign

ownership of, influence on, and control of domestic energy sources

and supplies. Such review shall draw upon existing information,

where available, and any independent investigation necessary by the

Administration. The Administrator shall, on or before the

expiration of the one hundred and eighty day period following the

effective date of this chapter, report to the Congress in

sufficient detail so as to apprise the Congress as to the extent

and forms of such foreign ownership of, influence on, and control

of domestic energy sources and supplies, and shall thereafter

continue to monitor such ownership, influence and control.

-SOURCE-

(Pub. L. 93-275, Sec. 26, May 7, 1974, 88 Stat. 115.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 786 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 786. Repealed. Pub. L. 95-91, title VII, Sec. 709(a)(1), Aug.

4, 1977, 91 Stat. 607

-MISC1-

Section, Pub. L. 93-275, Sec. 28, May 7, 1974, 88 Stat. 115,

provided that upon termination of this chapter, any functions or

personnel transferred by this chapter shall revert to the

department, agency, or office from which they were transferred.

-CITE-

15 USC Sec. 787 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 787. Project Independence Evaluation System documentation;

access to model by Congress and public

-STATUTE-

The Administrator of the Federal Energy Administration shall -

(1) submit to the Congress, not later than September 1, 1976,

full and complete structural and parametric documentation, and

not later than January 1, 1977, operating documentation, of the

Project Independence Evaluation System computer model;

(2) provide access to such model to representatives of

committees of the Congress in an expeditious manner; and

(3) permit the use of such model on the computer system

maintained by the Federal Energy Administration by any member of

the public upon such reasonable terms and conditions as the

Administrator shall, by rule, prescribe. Such rules shall

provide that any member of the public who uses such model may be

charged a fair and reasonable fee, as determined by the

Administrator, for using such model.

-SOURCE-

(Pub. L. 93-275, Sec. 31, as added Pub. L. 94-385, title I, Sec.

113, Aug. 14, 1976, 90 Stat. 1132.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 788 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 788. Use of commercial standards

-STATUTE-

(a) General notice of proposed rulemaking

If any proposed rule by the Administrator contains any commercial

standards, or specifically authorizes or requires the use of any

such standards, then any general notice of the proposed rulemaking

shall -

(1) identify, by name, the organization which promulgated such

standards; and

(2) state whether or not, in the judgment of the Administrator,

such organization complied with the requirements of subsection

(b) of this section in the promulgation of such standards.

(b) Promulgation of commercial standards

An organization complies with the requirements of this subsection

in promulgating any commercial standards if -

(1) it gives interested persons adequate notice of the proposed

promulgation of the standards and an opportunity to participate

in the promulgation process through the presentation of their

views in hearings or meetings which are open to the public;

(2) the membership of the organization at the time of the

promulgation of the standards is sufficiently balanced so as to

allow for the effective representation of all interested persons;

(3) before promulgating such standards, it makes available to

the public any records of proceedings of the organization, and

any documents, letters, memorandums, and materials, relating to

such standards; and

(4) it has procedures allowing interested persons to -

(A) obtain a reconsideration of any action taken by the

organization relating to the promulgation of such standards,

and

(B) obtain a review of the standards (including a review of

the basis or adequacy of such standards).

(c) Consultation with Attorney General and Chairman of Federal

Trade Commission; impact of rules on competition

The Administrator shall not incorporate within any rule, nor

prescribe any rule specifically authorizing or requiring the use

of, any commercial standards unless he has consulted with the

Attorney General and the Chairman of the Federal Trade Commission

concerning the impact of such standards on competition and neither

such individual recommends against such incorporation or use.

(d) Rules relating to Administration procurement activities

The foregoing provisions of this section shall not apply with

respect to rules prescribed by the Administrator which relate to

the procurement activities of the Administration.

(e) Participation of Administration employees in organizations

relating to promulgation of commercial standards

Not later than 90 days after July 21, 1977, the Administrator

shall prescribe, by rule, guidelines or criteria which set forth

the extent to which, and the terms and conditions under which,

employees of the Administration may participate in their official

capacity in the activities of any organization (which is not a

Federal entity) which relate to the promulgation of commercial

standards. Such guidelines and criteria may allow for such

participation if it is in the public interest and relates to the

purposes of this chapter, but in no event may such employees who

are participating in their official capacity be allowed under such

guidelines or criteria to vote on any matter relating to commercial

standards.

(f) ''Commercial standards'' defined

As used in this section, the term ''commercial standards'' means

-

(1) specifications of materials;

(2) methods of testing;

(3) criteria for adequate performance or operation;

(4) model codes;

(5) classification of components;

(6) delineation of procedures or definition of terms;

(7) measurement of quantity or quality for evaluating or

referring to materials, products, systems, services, or

practices; or

(8) similar rules, procedures, requirements, or standards;

which are promulgated by any organization which is not a Federal

entity. For purposes of the preceding sentence, any revision by

any such organization of any such rule, procedure, requirement, or

standard shall be considered to be the same as the promulgation of

such standard.

-SOURCE-

(Pub. L. 93-275, Sec. 32, as added Pub. L. 95-70, Sec. 9, July 21,

1977, 91 Stat. 278.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 789 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER I - FEDERAL ENERGY ADMINISTRATION

-HEAD-

Sec. 789. Repealed. Pub. L. 104-106, div. D, title XLIII, Sec.

4304(b)(2), Feb. 10, 1996, 110 Stat. 664

-MISC1-

Section, Pub. L. 93-275, Sec. 33, as added Pub. L. 95-70, Sec.

10, July 21, 1977, 91 Stat. 279, related to organizational

conflicts of interest of persons contracting to perform research,

development, or evaluation activities or technical and management

support services.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 4401

of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment

note under section 251 of Title 41, Public Contracts.

-CITE-

15 USC SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND

ANALYSIS 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND ANALYSIS

.

-HEAD-

SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND ANALYSIS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 42 section 7135.

-CITE-

15 USC Sec. 790 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND ANALYSIS

-HEAD-

Sec. 790. Establishment of Office of Energy Information and

Analysis

-STATUTE-

(a) Director; appointment; qualifications

(1) There is established within the Federal Energy Administration

an Office of Energy Information and Analysis (hereinafter in this

chapter referred to as the ''Office'') which shall be headed by a

Director who shall be appointed by the President, by and with the

advice and consent of the Senate.

(2) The Director shall be a person who, by reason of professional

background and experience, is specially qualified to manage an

energy information system.

(b) Delegation of authority by Administrator

The Administrator shall delegate (which delegation may be on a

nonexclusive basis as the Administrator may determine may be

necessary to assure the faithful execution of his authorities and

responsibilities under law) the authority vested in him under

section 796 of this title and section 772 of this title and the

Director may act in the name of the Administrator under section 797

of this title and section 772 of this title for the purpose of

obtaining enforcement of the authorities delegated to him.

(c) ''Energy information'' defined

As used in this chapter the term ''energy information'' shall

have the meaning described in section 796 of this title.

-SOURCE-

(Pub. L. 93-275, Sec. 51, as added Pub. L. 94-385, title I, Sec.

142, Aug. 14, 1976, 90 Stat. 1135.)

-MISC1-

EFFECTIVE DATE

Section 143 of Pub. L. 94-385 provided that: ''The amendments

made by this part C to the Federal Energy Administration Act of

1974 (enacting this subchapter) shall take effect 150 days after

the date of enactment of this Act (Aug. 14, 1976), except that

section 56(c) of the Federal Energy Administration Act of 1974 (as

added by this part) (section 790e(c) of this title) shall take

effect on the date of enactment of this Act (Aug. 14, 1976).''

-TRANS-

TRANSFER OF FUNCTIONS

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42, The Public Health and Welfare.

Functions assigned to Director of Office of Energy Information

and Analysis under this subchapter vested in Administrator of

Energy Information Administration within Department of Energy by

section 7135(c) of Title 42.

-MISC5-

CONGRESSIONAL FINDINGS AND PURPOSE

Section 141 of Pub. L. 94-385 provided that:

''(a) The Congress finds that the public interest requires that

decisionmaking, with respect to this Nation's energy requirements

and the sufficiency and availability of energy resources and

supplies, be based on adequate, accurate, comparable, coordinated,

and credible energy information.

''(b) The purpose of this title (see Short Title note set out

under section 761 of this title) is to establish within the Federal

Energy Administration an Office of Energy Information and Analysis

and a National Energy Information System to assure the availability

of adequate, comparable, accurate, and credible energy information

to the Federal Energy Administration, to other Government agencies

responsible for energy-related policy decisions, to the Congress,

and to the public.''

-CITE-

15 USC Sec. 790a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND ANALYSIS

-HEAD-

Sec. 790a. National Energy Information System; information required

to be maintained

-STATUTE-

(a) It shall be the duty of the Director to establish a National

Energy Information System (hereinafter referred to in this chapter

as the ''System''), which shall be operated and maintained by the

Office. The System shall contain such information as is required to

provide a description of and facilitate analysis of energy supply

and consumption within and affecting the United States on the basis

of such geographic areas and economic sectors as may be appropriate

to meet adequately the needs of -

(1) the Federal Energy Administration in carrying out its

lawful functions;

(2) the Congress;

(3) other officers and employees of the United States in whom

have been vested, or to whom have been delegated energy-related

policy decisionmaking responsibilities; and

(4) the States to the extent required by the Natural Gas Act

(15 U.S.C. 717 et seq.) and the Federal Power Act (16 U.S.C. 791a

et seq.).

(b) At a minimum, the System shall contain such energy

information as is necessary to carry out the Administration's

statistical and forecasting activities, and shall include, at the

earliest date and to the maximum extent practical subject to the

resources available and the Director's ordering of those resources

to meet the responsibilities of his Office, such energy information

as is required to define and permit analysis of -

(1) the institutional structure of the energy supply system

including patterns of ownership and control of mineral fuel and

nonmineral energy resources and the production, distribution, and

marketing of mineral fuels and electricity;

(2) the consumption of mineral fuels, nonmineral energy

resources, and electricity by such classes, sectors, and regions

as may be appropriate for the purposes of this chapter;

(3) the sensitivity of energy resource reserves, exploration,

development, production, transportation, and consumption to

economic factors, environmental constraints, technological

improvements, and substitutability of alternate energy sources;

(4) the comparability of energy information and statistics that

are supplied by different sources;

(5) industrial, labor, and regional impacts of changes in

patterns of energy supply and consumption;

(6) international aspects, economic and otherwise, of the

evolving energy situation; and

(7) long-term relationships between energy supply and

consumption in the United States and world communities.

-SOURCE-

(Pub. L. 93-275, Sec. 52, as added Pub. L. 94-385, title I, Sec.

142, Aug. 14, 1976, 90 Stat. 1135; amended Pub. L. 95-91, title

VII, Sec. 709(a)(3), Aug. 4, 1977, 91 Stat. 608.)

-REFTEXT-

REFERENCES IN TEXT

The Natural Gas Act, referred to in subsec. (a)(4), is act June

21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified

generally to chapter 15B (Sec. 717 et seq.) of this title. For

complete classification of this Act to the Code, see section 717w

of this title and Tables.

The Federal Power Act, referred to in subsec. (a)(4), is act June

10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified

generally to chapter 12 (Sec. 791a et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see section 791a of Title 16 and Tables.

-MISC2-

AMENDMENTS

1977 - Subsec. (a)(4). Pub. L. 95-91 added par. (4).

EFFECTIVE DATE

Section effective 150 days after Aug. 14, 1976, see section 143

of Pub. L. 94-385, set out as a note under section 790 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions assigned to Director of Office of Energy Information

and Analysis under this subchapter vested in Administrator of

Energy Information Administration within Department of Energy by

section 7135(c) of Title 42, The Public Health and Welfare.

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 790c of this title; title

42 section 7135.

-CITE-

15 USC Sec. 790b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND ANALYSIS

-HEAD-

Sec. 790b. Administrative provisions

-STATUTE-

(a) Compensation of Director

The Director of the Office shall receive compensation at the rate

now or hereafter prescribed for offices and positions at level IV

of the Executive Schedule as specified in section 5315 of title 5.

(b) Authorization of Director to appoint and fix compensation of

employees

To carry out the functions of the Office, the Director, on behalf

of the Administrator, is authorized to appoint and fix the

compensation of such professionally qualified employees as he deems

necessary, including up to ten of the employees in grade GS-16,

GS-17, or GS-18 authorized by section 766 of this title.

(c) Delegation of functions by the Director

The functions and powers of the Office shall be vested in or

delegated to the Director, who may from time to time, and to the

extent permitted by law, consistent with the purposes of this

chapter, delegate such of his functions as he deems appropriate.

Such delegation may be made, upon request, to any officer or agency

of the Federal Government.

(d) Access to Director by Congress; requests for appropriations

(1) The Director shall be available to the Congress to provide

testimony on such subjects under his authority and responsibility

as the Congress may request, including but not limited to energy

information and analyses thereof.

(2) Any request for appropriations for the Federal Energy

Administration submitted to the Congress shall identify the portion

of such request intended for the support of the Office, and a

statement of the differences, if any, between the amounts requested

and the Director's assessment of the budgetary needs of the Office.

-SOURCE-

(Pub. L. 93-275, Sec. 53, as added Pub. L. 94-385, title I, Sec.

142, Aug. 14, 1976, 90 Stat. 1136.)

-MISC1-

EFFECTIVE DATE

Section effective 150 days after Aug. 14, 1976, see section 143

of Pub. L. 94-385, set out as a note under section 790 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions assigned to Director of Office of Energy Information

and Analysis under this subchapter vested in Administrator of

Energy Information Administration within Department of Energy by

section 7135(c) of Title 42, The Public Health and Welfare.

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42.

-MISC5-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7135.

-CITE-

15 USC Sec. 790c 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND ANALYSIS

-HEAD-

Sec. 790c. Analysis and evaluation of energy information;

establishment and maintenance by Director of professional,

etc., capability; specific capabilities

-STATUTE-

(a) The Director shall establish and maintain the scientific,

engineering, statistical, or other technical capability to perform

analysis of energy information to -

(1) verify the accuracy of items of energy information

submitted to the Director; and

(2) insure the coordination and comparability of the energy

information in possession of the Office and other Federal

agencies.

(b) The Director shall establish and maintain the professional

and analytic capability to evaluate independently the adequacy and

comprehensiveness of the energy information in possession of the

Office and other agencies of the Federal Government in relation to

the purposes of this chapter and for the performance of the

analyses described in section 790a of this title. Such analytic

capability shall include -

(1) expertise in economics, finance, and accounting;

(2) the capability to evaluate estimates of reserves of mineral

fuels and nonmineral energy resources utilizing alternative

methodologies;

(3) the development and evaluation of energy flow and

accounting models describing the production, distribution, and

consumption of energy by the various sectors of the economy and

lines of commerce in the energy industry;

(4) the development and evaluation of alternative forecasting

models describing the short- and long-term relationships between

energy supply and consumption and appropriate variables; and

(5) such other capabilities as the Director deems necessary to

achieve the purposes of this chapter.

-SOURCE-

(Pub. L. 93-275, Sec. 54, as added Pub. L. 94-385, title I, Sec.

142, Aug. 14, 1976, 90 Stat. 1137.)

-MISC1-

EFFECTIVE DATE

Section effective 150 days after Aug. 14, 1976, see section 143

of Pub. L. 94-385, set out as a note under section 790 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions assigned to Director of Office of Energy Information

and Analysis under this subchapter vested in Administrator of the

Energy Information Administration within Department of Energy by

section 7135(c) of Title 42, The Public Health and Welfare.

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42.

-CITE-

15 USC Sec. 790d 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND ANALYSIS

-HEAD-

Sec. 790d. Repealed. Pub. L. 104-66, title I, Sec. 1051(k), Dec.

21, 1995, 109 Stat. 717

-MISC1-

Section, Pub. L. 93-275, Sec. 55, as added Pub. L. 94-385, title

I, Sec. 142, Aug. 14, 1976, 90 Stat. 1137; amended Pub. L. 95-91,

title VII, Sec. 709(a)(4), Aug. 4, 1977, 91 Stat. 608, related to

annual performance audit review of Office of Energy Information and

Analysis procedures and methodology by Professional Audit Review

Team.

-CITE-

15 USC Sec. 790e 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND ANALYSIS

-HEAD-

Sec. 790e. Coordination by Director of energy information gathering

activities of Federal agencies

-STATUTE-

(a) Review

In carrying out the purposes of this chapter the Director shall,

as he deems appropriate, review the energy information gathering

activities of Federal agencies with a view toward avoiding

duplication of effort and minimizing the compliance burden on

business enterprises and other persons.

(b) Policy recommendations

In exercising his responsibilities under subsection (a) of this

section, the Director shall recommend policies which, to the

greatest extent practicable -

(1) provide adequately for the energy information needs of the

various departments and agencies of the Federal Government, the

Congress, and the public;

(2) minimize the burden of reporting energy information on

businesses, other persons, and especially small businesses;

(3) reduce the cost to Government of obtaining information; and

(4) utilize files of information and existing facilities of

established Federal agencies.

(c) Report to Administrator by other Federal agencies involved in

collection of energy information; cooperation of other Federal

agencies; report by Administrator to President, Congress, and

Energy Resources Council

(1) At the earliest practicable date after August 14, 1976, each

Federal agency which is engaged in the gathering of energy

information as a part of an established program, function, or other

activity shall promptly provide the Administrator with a report on

energy information which -

(A) identifies the statutory authority upon which the energy

information collection activities of such agency is based;

(B) lists and describes the energy information needs and

requirements of such agency; and

(C) lists and describes the categories, definitions, levels of

detail, and frequency of collection of the energy information

collected by such agency.

Such agencies shall cooperate with the Administrator and provide

such other descriptive information with respect to energy

information activities as the Administrator may request. The

Administrator shall prepare a report on his activities under this

subsection, which report shall include recommendations with respect

to the coordination of energy information activities of the Federal

Government. Such report shall be available to the Congress and

shall be transmitted to the President and to the Energy Resources

Council for use in preparation of the plan required under

subsection (c) of section 5818 of title 42.

-SOURCE-

(Pub. L. 93-275, Sec. 56, as added Pub. L. 94-385, title I, Sec.

142, Aug. 14, 1976, 90 Stat. 1138.)

-REFTEXT-

REFERENCES IN TEXT

Section 5818 of title 42, referred to in subsec. (c), was

repealed by Pub. L. 95-91, title VII, Sec. 709(b), Aug. 4, 1977, 91

Stat. 608.

-MISC2-

EFFECTIVE DATE

Section effective 150 days after Aug. 14, 1976, except that

subsec. (c) of this section effective Aug. 14, 1976, see section

143 of Pub. L. 94-385, set out as a note under section 790 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions assigned to Director of Office of Energy Information

and Analysis under this subchapter vested in Administrator of

Energy Information Administration within Department of Energy by

section 7135(c) of Title 42, The Public Health and Welfare.

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42.

-CITE-

15 USC Sec. 790f 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND ANALYSIS

-HEAD-

Sec. 790f. Reports by Director

-STATUTE-

(a) Periodic and special reports by Director to Congress and

public; contents

The Director shall make periodic reports and may make special

reports to the Congress and the public, including but not limited

to -

(1) such reports as the Director determines are necessary to

provide a comprehensive picture of the quarterly, monthly, and,

as appropriate, weekly supply and consumption of the various

nonmineral energy resources, mineral fuels, and electricity in

the United States; the information reported may be organized by

company, by States, by regions, or by such other producing and

consuming sectors, or combinations thereof, and shall be

accompanied by an appropriate discussion of the evolution of the

energy supply and consumption situation and such national and

international trends and their effects as the Director may find

to be significant; and

(2) an annual report which includes, but is not limited to, a

description of the activities of the Office and the National

Energy Information System during the preceding year; a summary of

all special reports published during the preceding year; a

summary of statistical information collected during the preceding

year; short-, medium-, and long-term energy consumption and

supply trends and forecasts under various assumptions; and, to

the maximum extent practicable, a summary or schedule of the

amounts of mineral fuel resources, nonmineral energy resources,

and mineral fuels that can be brought to market at various prices

and technologies and their relationship to forecasted demands.

(b) Duty of Director to insure adequate documentation of forecasts

and reports; periodic audit and validation of analytical

methodologies; availability of information to public

(1) The Director, on behalf of the Administrator, shall insure

that adequate documentation for all statistical and forecast

reports prepared by the Director is made available to the public at

the time of publication of such reports. The Director shall

periodically audit and validate analytical methodologies employed

in the preparation of periodic statistical and forecast reports.

(2) The Director shall, on a regular basis, make available to the

public information which contains validation and audits of periodic

statistical and forecast reports.

(c) Approval prior to publication of forecasts and reports

Prior to publication, the Director may not be required to obtain

the approval of any other officer or employee of the United States

with respect to the substance of any statistical or forecasting

technical reports which he has prepared in accordance with law.

-SOURCE-

(Pub. L. 93-275, Sec. 57, as added Pub. L. 94-385, title I, Sec.

142, Aug. 14, 1976, 90 Stat. 1139.)

-MISC1-

EFFECTIVE DATE

Section effective 150 days after Aug. 14, 1976, see section 143

of Pub. L. 94-385, set out as a note under section 790 of this

title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(a)(2) of this section relating to an annual report to Congress,

see section 3003 of Pub. L. 104-66, as amended, set out as a note

under section 1113 of Title 31, Money and Finance, and page 90 of

House Document No. 103-7.

-TRANS-

TRANSFER OF FUNCTIONS

Functions assigned to Director of Office of Energy Information

and Analysis under this subchapter vested in Administrator of

Energy Information Administration within Department of Energy by

section 7135(c) of Title 42, The Public Health and Welfare.

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42.

-CITE-

15 USC Sec. 790g 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND ANALYSIS

-HEAD-

Sec. 790g. Access by Director to energy information

-STATUTE-

(a) Access by Director to energy information in possession of other

Federal agencies; limitations

In furtherance and not in limitation of any other authority, the

Director, on behalf of the Administrator, shall have access to

energy information in the possession of any Federal agency except

information -

(1) the disclosure of which to another Federal agency is

expressly prohibited by law; or

(2) the disclosure of which the agency so requested determines

would significantly impair the discharge of authorities and

responsibilities which have been delegated to, or vested by law,

in such agency.

(b) Authority to obtain information from original or alternate

sources

In the event that energy information in the possession of another

Federal agency which is required to achieve the purposes of this

chapter is denied the Director or the Administrator pursuant to

paragraph (1) or paragraph (2) of subsection (a) of this section,

the Administrator, or the Director, on behalf of the Administrator,

shall take appropriate action, pursuant to authority granted by

law, to obtain said information from the original sources or a

suitable alternate source. Such source shall be notified of the

reason for this request for information.

-SOURCE-

(Pub. L. 93-275, Sec. 58, as added Pub. L. 94-385, title I, Sec.

142, Aug. 14, 1976, 90 Stat. 1139.)

-MISC1-

EFFECTIVE DATE

Section effective 150 days after Aug. 14, 1976, see section 143

of Pub. L. 94-385, set out as a note under section 790 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions assigned to Director of Office of Energy Information

and Analysis under this subchapter vested in Administrator of

Energy Information Administration within Department of Energy by

section 7135(c) of Title 42, The Public Health and Welfare.

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of Title 42.

-CITE-

15 USC Sec. 790h 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 16B - FEDERAL ENERGY ADMINISTRATION

SUBCHAPTER II - OFFICE OF ENERGY INFORMATION AND ANALYSIS

-HEAD-

Sec. 790h. Congressional access to energy information; disclosure

by Congress

-STATUTE-

The Director shall promptly provide upon request any energy

information in the possession of the Office to any duly established

committee of the Congress. Such information shall be deemed the

property of such committee and may not be disclosed except in

accordance with the rules of such committee and the Rules of the

House of Representatives or the Senate and as permitted by law.

-SOURCE-

(Pub. L. 93-275, Sec. 59, as added Pub. L. 94-385, title I, Sec.

142, Aug. 14, 1976, 90 Stat. 1140.)

-MISC1-

EFFECTIVE DATE

Section effective 150 days after Aug. 14, 1976, see section 143

of Pub. L. 94-385, set out as a note under section 790 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions assigned to Director of Office of Energy Information

and Analysis under this subchapter vested in Administrator of

Energy Information Administration within Department of Energy by

section 7135(c) of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7135.

-CITE-