§ 761. — Congressional declaration of purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC761]
TITLE 15--COMMERCE AND TRADE
CHAPTER 16B--FEDERAL ENERGY ADMINISTRATION
SUBCHAPTER I--FEDERAL ENERGY ADMINISTRATION
Sec. 761. Congressional declaration of purpose
(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.
(Pub. L. 93-275, Sec. 2, May 7, 1974, 88 Stat. 97.)
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was to terminate Sept. 30, 1978, was repealed by Pub.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.''
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.
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.
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.
