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15 U.S.C. § 770 (COMMERCE AND TRADE)
§ 770. Appointments
(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.
(Pub. L. 93–275, § 11, May 7, 1974, 88 Stat. 105.)
heading: Transfer of Functions
text: 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.
15 U.S.C. § 773 (COMMERCE AND TRADE)
§ 773. Public disclosure of information
(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.
(Pub. L. 93–275, § 14, May 7, 1974, 88 Stat. 108.)
heading: Transfer of Functions
text: 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.
15 U.S.C. § 775 (COMMERCE AND TRADE)
§ 775. Sex discrimination; enforcement; other legal remedies
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.
(Pub. L. 93–275, § 16, May 7, 1974, 88 Stat. 109.)
heading: References in Text
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 generally to subchapter V (§ 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.
15 U.S.C. § 776 (COMMERCE AND TRADE)
§ 776. Repealed. Pub. L. 105–28, § 2(b)(2), July 18, 1997, 111 Stat. 245
text: Section, Pub. L. 93–275, § 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.
15 U.S.C. § 778 (COMMERCE AND TRADE)
§ 778. Management oversight review; report to Administrator
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.
(Pub. L. 93–275, § 19, May 7, 1974, 88 Stat. 111.)
heading: Transfer of Functions
text: 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.
15 U.S.C. § 780 (COMMERCE AND TRADE)
§ 780. Office of Private Grievances and Redress
(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.
(Pub. L. 93–275, § 21, May 7, 1974, 88 Stat. 112; Pub. L. 96–470, title II, § 203(h), Oct. 19, 1980, 94 Stat. 2244.)
heading: Amendments
text: 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”.
heading: Transfer of Functions
text: 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.
15 U.S.C. § 781 (COMMERCE AND TRADE)
§ 781. Comprehensive energy plan
(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.
(Pub. L. 93–275, § 22, May 7, 1974, 88 Stat. 113.)
heading: Transfer of Functions
text: 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.
15 U.S.C. § 782 (COMMERCE AND TRADE)
§ 782. Petrochemical report to Congress
(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.
(Pub. L. 93–275, § 23, May 7, 1974, 88 Stat. 113; Pub. L. 93–618, title I, § 171(b), Jan. 3, 1975, 88 Stat. 2009.)
heading: Amendments
text: 1975—Subsec. (a). Pub. L. 93–618 substituted “United States International Trade Commission” for “United States Tariff Commission”.
heading: Transfer of Functions
text: 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.
heading: Abolition of Cost of Living Council
text: Cost of Living Council abolished July 1, 1974, by Ex. Ord. No. 11788, § 1, June 18, 1974, 39 FR 22113.
15 U.S.C. § 783 (COMMERCE AND TRADE)
§ 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
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.
(Pub. L. 93–275, § 24, May 7, 1974, 88 Stat. 114.)
heading: Transfer of Functions
text: 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.
15 U.S.C. § 784 (COMMERCE AND TRADE)
§ 784. Exports of coal and refined petroleum products
(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.
(Pub. L. 93–275, § 25, May 7, 1974, 88 Stat. 114; Pub. L. 94–385, title I, § 111, Aug. 14, 1976, 90 Stat. 1132.)
heading: Amendments
text: 1976—Subsec. (d). Pub. L. 94–385 added subsec. (d).
heading: Transfer of Functions
text: 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.
15 U.S.C. § 785 (COMMERCE AND TRADE)
§ 785. Foreign ownership; comprehensive review; sources of information; report to Congress; monitoring activity
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.
(Pub. L. 93–275, § 26, May 7, 1974, 88 Stat. 115.)
heading: Transfer of Functions
text: 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.
15 U.S.C. § 786 (COMMERCE AND TRADE)
§ 786. Repealed. Pub. L. 95–91, title VII, § 709(a)(1), Aug. 4, 1977, 91 Stat. 607
text: Section, Pub. L. 93–275, § 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.
15 U.S.C. § 787 (COMMERCE AND TRADE)
§ 787. Project Independence Evaluation System documentation; access to model by Congress and public
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.
(Pub. L. 93–275, § 31, as added Pub. L. 94–385, title I, § 113, Aug. 14, 1976, 90 Stat. 1132.)
heading: Transfer of Functions
text: 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.
15 U.S.C. § 789 (COMMERCE AND TRADE)
§ 789. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(2), Feb. 10, 1996, 110 Stat. 664
text: Section, Pub. L. 93–275, § 33, as added Pub. L. 95–70, § 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.
heading: Effective Date of Repeal
text: 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 2302 of Title 10, Armed Forces.