15 U.S.C. § 761 — Congressional declaration of purpose

Page 1231 TITLE 15—COMMERCE AND TRADE § 761 Section 760b, Pub. L. 93–159, § 13, as added Pub. L. 94–163, title IV, § 456, Dec. 22, 1975, 89 Stat. 952, related to standby purchase authority of President. Section 760c, Pub. L. 93–159, § 14, as added Pub. L. 94–163, title IV, § 457, Dec. 22, 1975, 89 Stat. 953, related to direct Presidential control of refinery operations. Section 760d, Pub. L. 93–159, § 15, as added Pub. L. 94–163, title IV, § 458, Dec. 22, 1975, 89 Stat. 953, related to Presidential control of domestic oil and oil product inventories. Section 760e, Pub. L. 93–159, § 16, as added Pub. L. 94–163, title IV, § 459, Dec. 22, 1975, 89 Stat. 954, prohib- ited willful accumulation of excess crude, etc., oil dur- ing severe energy supply interruption. Section 760f, Pub. L. 93–159, § 17, as added Pub. L. 94–163, title IV, § 460, Dec. 22, 1975, 89 Stat. 955, author- ized President to amend regulations requiring alloca- tion of asphalt, and thereafter to exempt asphalt from such regulation. Section 760g, Pub. L. 93–159, § 18, as added Pub. L. 94–163, title IV, § 461, Dec. 22, 1975, 89 Stat. 955, provided for conversion of certain Presidential authority from mandatory to discretionary, for expiration of certain limitations, and for expiration, at midnight Sept. 30, 1981, of President’s authority to promulgate and amend any regulation or to issue any order under this chapter, but such expiration not to affect any action or pending proceedings, administrative, civil, or criminal, not fi- nally determined on such date, nor any administrative, civil, or criminal action or proceeding, whether or not pending, based upon any act committed or liability in- curred prior to such expiration date. Section 760h, Pub. L. 93–159, § 19, as added Pub. L. 94–163, title IV, § 462, Dec. 22, 1975, 89 Stat. 955, provided for reimbursement to States for implementation of del- egated responsibilities. CHAPTER 16B—FEDERAL ENERGY ADMINISTRATION SUBCHAPTER I—FEDERAL ENERGY ADMINISTRATION Sec. 761. Congressional declaration of purpose. 762. Establishment. 763. Repealed. 764. Specific functions and purposes. 765. Transfer of functions. 766. Administrative provisions. 767. Transitional and savings provisions. 768. Repealed. 769. Definitions. 770. Appointments. 771. Comptroller General, powers and duties. 772. Administrator’s information-gathering power. 773. Public disclosure of information. 774. Reports and recommendations. 775. Sex discrimination; enforcement; other legal remedies. 776. Repealed. 777. Economic analysis of proposed actions. 778. Management oversight review; report to Ad- ministrator. 779. Coordination with, and technical assistance to, State governments. 780. Office of Private Grievances and Redress. 781. Comprehensive energy plan. 782. Petrochemical report to Congress. 783. Hydroelectric generating facilities; lists, transmittal to Congress; construction schedule and cost estimates for expedited construction program; prospective accom- plishments from expedited completion of fa- cilities; statement of appropriated but not obligated funds. 784. Exports of coal and refined petroleum prod- ucts. 785. Foreign ownership; comprehensive review; sources of information; report to Congress; monitoring activity. Sec. 786. Repealed. 787. Project Independence Evaluation System doc- umentation; access to model by Congress and public. 788. Use of commercial standards. 789. Repealed. SUBCHAPTER II—OFFICE OF ENERGY INFORMATION AND ANALYSIS 790. Establishment of Office of Energy Informa- tion and Analysis. 790a. National Energy Information System; infor- mation required to be maintained. 790b. Administrative provisions. 790c. Analysis and evaluation of energy informa- tion; establishment and maintenance by Di- rector of professional, etc., capability; spe- cific capabilities. 790d. Repealed. 790e. Coordination by Director of energy informa- tion gathering activities of Federal agen- cies. 790f. Reports by Director. 790g. Access by Director to energy information. 790h. Congressional access to energy information; disclosure by Congress. SUBCHAPTER I—FEDERAL ENERGY ADMINISTRATION § 761. Congressional declaration of purpose (a) Objectives The Congress hereby declares that the general welfare and the common defense and security re- quire positive and effective action to conserve scarce energy supplies, to insure fair and effi- cient distribution of, and the maintenance of fair and reasonable consumer prices for, such supplies, to promote the expansion of readily us- able 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 ef- fective approach to overcoming energy short- ages, it is necessary to reorganize certain agen- cies 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 pro- vided in this chapter, and to transfer to such Ad- ministration 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. (Pub. L. 93–275, § 2, May 7, 1974, 88 Stat. 97.) Statutory Notes and Related Subsidiaries 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, § 112(a), Aug. 14, 1976, 90 Stat. 1132; Pub. L. 95–70, § 6, July 21, 1977, 91 Stat. 277, under which this chapter be- came effective sixty days after May 7, 1974, and was to terminate Sept. 30, 1978, was repealed by Pub. L. 95–91, title VII, § 709(a)(1), Aug. 4, 1977, 91 Stat. 607. SHORT TITLE OF 1977 AMENDMENT Pub. L. 95–70, § 1, July 21, 1977, 91 Stat. 275, provided that: ‘‘This Act [enacting sections 788 and 789 of this Page 1232 TITLE 15—COMMERCE AND TRADE § 761 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 Author- ization Act of 1977’.’’ SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–385, title I, § 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 en- acting 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 Amend- ments of 1976’.’’ SHORT TITLE Pub. L. 93–275, § 1, May 7, 1974, 88 Stat. 96, 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 Pub. L. 93–275, § 27, May 7, 1974, 88 Stat. 115, 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.’’ TRANSFER OF FUNCTIONS Federal Energy Administration terminated and func- tions vested by law in Administration or in its Admin- istrator, officers, and components transferred to Sec- retary of Energy (unless otherwise specifically pro- vided) by sections 7151(a) and 7293 of Title 42, The Pub- lic Health and Welfare. AUTHORIZATION OF APPROPRIATIONS Pub. L. 93–275, § 29, May 7, 1974, 88 Stat. 115, as amend- ed by Pub. L. 94–385, title I, § 110, Aug. 14, 1976, 90 Stat. 1130; Pub. L. 95–70, § 2, July 21, 1977, 91 Stat. 275, pro- vided that: ‘‘(a) There are authorized to be appropriated to the Federal Energy Administration the following sums: ‘‘(1) subject to the restrictions specified in sub- section (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 as- signed to the Office of Energy Information and Anal- ysis 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 as- signed 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 as- signed 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 as- signed 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 as- signed 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 sub- section (c), to carry out a program to develop the policies, plans, implementation strategies, and pro- gram definitions for promoting accelerated utiliza- tion and widespread commercialization of solar en- ergy and to provide overall coordination of Federal solar energy commercialization activities, for the fis- cal 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 au- thorization 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 Pub- lic 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 func- tions 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 en- acted after the date of the enactment of this subsection [July 21, 1977], if any function for which funds are au- thorized to be appropriated by this section is trans- ferred by or pursuant to any such provision of law to any department, agency, or office, the unexpended bal- ances of appropriations, authorizations, allocations, and other funds, held, used, arising from, available to, or to be made available in connection with such func- tion shall be transferred to such department, agency, or office, but shall continue to be subject to any re- striction to which they were subject before such trans- fer.’’ ADVICE AND CONSENT OF SENATE REQUIRED FOR APPOINTMENT OF DIRECTOR OF ENERGY POLICY OFFICE Pub. L. 93–153, title IV, § 404, Nov. 16, 1973, 87 Stat. 590, directed that Director of Energy Policy Office be ap- pointed 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. Executive Documents EXECUTIVE ORDER NO. 11712 Ex. Ord. No. 11712, Apr. 18, 1973, 38 F.R. 9657, which re- lated to the Special Committee on Energy and the Na- Page 1233 TITLE 15—COMMERCE AND TRADE § 761 tional 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, for- merly set out as a note under section 791a of Title 16, Conservation, which established the Energy Policy Of- fice, 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 Pol- icy Office. Executive Order No. 11748 of December 4, 1973 [set out as a note under section 754 of this title], estab- lished in the Executive Office of the President a Fed- eral Energy Office. In order to permit an orderly transi- tion, the Energy Policy Office was continued in being on an interim basis. That transition has been success- fully 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 af- fairs 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 Emer- gency 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, § 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. 751 et seq.], the Economic Stabilization Act of 1970, as amended [formerly 12 U.S.C. 1904 note], the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et seq.) [now 50 U.S.C. 4501 et seq.], and sec- tion 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. § 751 et seq.]. (b) The Secretary shall submit to the Congress the re- ports required by section 4(c)(2) of the Emergency Pe- troleum Allocation Act of 1973 [15 U.S.C. § 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. § 1904 note], to the extent such authority remains available under the provisions of section 218 of that act [formerly 12 U.S.C. § 1904 note]. (b) The authority under the Economic Stabilization Act of 1970, as amended [formerly 12 U.S.C. § 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 sec- tion 754 of this title], is hereby transferred to the Sec- retary to the extent such authority remains available under the provisions of section 218 of that act [formerly 12 U.S.C. § 1904 note]. SEC. 4. Notwithstanding the provisions of Executive Order No. 12919, as amended [formerly set out as a note under section 2153 of the former Appendix to Title 50, 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 U.S.C. 4501 et seq.], except section 708 thereof [50 U.S.C. 4558], as it relates to the production, conservation, use, con- trol, distribution, and allocation of energy, without ap- proval, ratification, or other action of the President or any other official of the executive branch of the Gov- ernment. 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 Adminis- trator 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 re- voked. (c) All orders, regulations, circulars, or other direc- tives 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 re- main 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 Of- fice 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 Of- fice 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, pro- vided: By virtue of the authority vested in me by the Con- stitution 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, con- sistent 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, inter- pretations, 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 na- ture taken, continued, confirmed, ratified or made ef- Page 1234 TITLE 15—COMMERCE AND TRADE § 762 1 See References in Text note below. fective under Executive Order 11930, shall, in accord- ance 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 Administra- tion and shall continue and remain in full force and ef- fect, 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 En- ergy Administration, and shall be deemed to have been continuously vested in the Federal Energy Administra- tion, whose existence has been retroactively extended by the Federal Energy Administration Act Amend- ments of 1976 [for classification, see Short Title of 1976 Amendment note set out above]. GERALD R. FORD. § 762. Establishment 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 ‘‘Administra- tion’’). (Pub. L. 93–275, § 3, May 7, 1974, 88 Stat. 97.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Federal Energy Administration terminated and func- tions vested by law in Administration or in its Admin- istrator, officers, and components transferred to Sec- retary of Energy (unless otherwise specifically pro- vided) by sections 7151(a) and 7293 of Title 42, The Pub- lic Health and Welfare. § 763. Repealed. Pub. L. 95–91, title VII, § 709(a)(1), Aug. 4, 1977, 91 Stat. 607 Section, Pub. L. 93–275, § 4, May 7, 1974, 88 Stat. 97, re- lated to officers of Federal Energy Administration. § 764. Specific functions and purposes (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 as- sure 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, con- servation, use, control, distribution, rationing, and allocation of all forms of energy as are ap- propriate in connection with only those authori- ties or functions— (1) specifically transferred to or vested in him by or pursuant to this chapter; (2) delegated to him by the President pursu- ant to specific authority vested in the Presi- dent by law; and (3) otherwise specifically vested in the Ad- ministrator 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 com- prehensive national energy policy in relation to the energy matters for which the Adminis- tration has responsibility, and, in coordina- tion with the Secretary of State, the integra- tion 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 un- reasonable profits within the various segments of the energy industry, and promote free en- terprise; (6) assure that energy programs are designed and implemented in a fair and efficient man- ner 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 effi- ciencies 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 pro- pane 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 owner- ship and movement of propane gas where, in the opinion of the Administrator, such changes in ownership and movement occur pri- marily 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) 1 of this title, to sub- mit to the Congress as one energy action any amendment to the regulation under section 753(a) 1 of this title, pursuant to section 760a 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 1 of this title. (2) Nothing in this subsection shall prevent the Administrator from concurrently submit- ting an energy action relating to price together