An Act to amend the Federal Energy Administration Act of 1974 to extend the duration of authorities under such Act, to authorize appropriations for the Federal Energy Administration for the 1978 fiscal year, and for other purposes.
PL 95-70 (S.1468), enacted 07/21/1977

PUBLIC LAW 95-70—JULY 21, 1977 
91 STAT. 275 
Public Law 95-70 
95th Congress 
An Act 
To amend the Federal Energy Administration Act of 1974 to extend the duration 
of authorities under such Act, to authorize appropriations for the Federal 
Energy Administration for the 1978 fiscal year, and for other purposes. 
Be it enacted hy the Senate 
and House of Representatives 
of the 
United States of America 
in Congress 
assemhled^ 
SHORT TITUE 
SECTION 1. This Act may be cited as the "Federal Energy Adminis-
tration Authorization Act of 1977". 
July 21, 1977 
[S. 1468] 
Federal Energy 
Administration 
Authorization Act 
of 1977. 
15 u s e 761 note. 
GENERAL AUTHORIZATION OF APPROPRIATIONS 
SEC. 2. Section 29 of the Federal Energy Administration Act of 
1974 (15 U.S.C. 761 note) is amended to read as follows: 
u 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 29. (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 Direc-
j 
tion 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 and part D of title I V 
of the Energy Conservation and Production Act, parts B and C 
of title I I I of the Energy Policy and Conservation Act and, for 
the fiscal year ending September 30, 1977, functions described in 
; 
title I I of the Energy Conservation and Production Act and in 
paragraph (7) of this subsection) — 
" ( A ) for the fiscal year ending September 30, 1977, not to 
exceed $38,603,000; and 
42 u s e 6861, 
6881. 
42 u s e 6291, 
6321. 
42 u s e 6801. 
91 STAT. 276 
PUBLIC LAW 95-70—JULY 21, 1977 
15 use 787. 
Restrictions. 
Transfer of funds. 
"(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. 
,V 
"(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 
I 
utilization and widespread commercialization of solar energy and 
to provide overall coordination of Federal solar energy commer-
cialization 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, 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 Janu-
ary 1, 1977, shall not exceed $2,112,000 for the fiscal year ending 
l'-, September 30,1977; and 
"(2) no amounts authorized to be appropriated in such para-
graph 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, 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 trans-
ferred to such department, agency, or office, but shall continue to be 
subject to any restriction to which they were subject before such 
transfer.". 
ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER 
THAN AUTOMOBILES 
SEC 3. (a) Section 339(c) (2) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6309(c) (2)) is amended by striking out "$700,000" 
and inserting in lieu thereof "$2,500,000". 
PUBLIC LAW 95-70—JULY 21, 1977 
91 STAT. 277 
(b) Section 339(c) (3) of the Energy Policy and Conservation Act 
(42 U.S.C. 6309(c)(3)) is amended V striking out "$700,000" and 
inserting in lieu thereof "$1,800,000". 
STRATEGIC PETROLEUM RESERVE 
SEC. 4. Section 166 of the Energy Policy and Conservation Act (42 
U.S.C. 6246) is amended by striking out "and" at the end of paragraph 
(1), by striking out the period in paragraph (2) and inserting in lieu 
thereof "; and", and by adding at the end thereof the following new 
paragraph: 
"(3) such funds for the fiscal year ending September 30, 1978, 
not to exceed $1,210,000,000, as are necessary to permit the acquisi-
tion and storage of petroleum products in the Strategic Petroleum 
Reserve, in accordance with the storage schedule set forth in the 
Strategic Petroleum Reserve Plan then in effect in excess of the 
minimum volume specified in section 154(a), but not in excess of 42 U
S
C 6234. 
500,000,000 barrels.". 
ENERGY CONSERVATION AND RENEWABLE-RESOURCE OBLIGATION 
GUARANTEES 
SEC 5. Section 451(g) of the Energy Conservation and Production 
j , . 
,. ..i 
Act (42 U.S.C. 6881(g)) is amended by adding at the end thereof the 
following new paragraph: 
"(3) There is authorized to be appropriated to carry out the pro- Appropriation 
visions of this part, including administrative costs, but not for the authorization, 
payment of amounts to be paid under subsection (f)— 
"(A) for the fiscal year ending September 30, 1977, not to 
exceed $1,836,000; and 
: . , 
"(B) for the fiscal year ending September 30, 1978, not to 
' 
exceed $4,950,000." 
. 
. 
FEDERAL ENERGY ADMINISTRATION ACT EXTENSION 
SEC. 6. The second sentence of section 30 of the Federal Energy 
Administration Act of 1974 (15 U.S.C. 761 note) is amended to read 
as follows: "This Act shall terminate September 30,1978.". 
EXTENSION OF COAL CONVERSION AND ALLOCATION AUTHORITY 
SEC. 7. Paragraph (1) of section 2(f) of the Energy Supply and 
Environmental Coordination Act of 1974 (15 U.S.C. 792(f) (i)) is 
amended by striking out "shall expire at midnight, June 30, 1977" 
and inserting in lieu thereof "shall expire at midnight, December 31, 
1978". 
AUTHORITY AND RESPONSIBILITY OF GENERAL COUNSEL 
SEC. 8. Section 7 of the Federal Energy Administration Act of 1974 
(15 U.S.C. 766) is amended by adding at the end thereof the following 
-
^ 
^' i >
. -
new subsection: 
< T 
"(1) Effective beginning July 1, 1977, amounts authorized to be 
appropriated under this Act 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 
91 STAT. 278 
PUBLIC LAW 95-70—JULY 21, 1977 
under the direct supervision and control of the General Counsel of 
the Administration.". 
USE OF COMMERCIAL 
STANDARDS 
SEC. 9. Part A of the Federal Energy Administration Act of 1974 
(15 U.S.C. 761 et seq.) is amended by adding at the end thereof the 
following new section: 
Proposed rules. 
15 use 788. 
Hearings or 
meetings. 
Information, 
availability to 
public. 
Consultation. 
Guidelines and 
criteria. 
" U S E o r 
COMMERCIAL STANDARDS 
"SEC. 32. (a) 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 Adminis-
trator, such organization complied Avith the requirements of sub-
section (b) in the promulgation of such standards. 
"(b) 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) 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 concern-
ing the impact of such standards on competition and neither such 
individual recommends against such incorporation or use. 
"(d) 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) Not later than 90 days after the date of the enactment of this 
section, the Administrator shall prescribe, by rule, guidelines or cri-
teria 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 stand-
PUBLIC LAW 95-70—JULY 21, 1977 
91 STAT. 279 
ards. Such guidelines and criteria may allow for such participation if 
it is in the public interest and relates to the purposes of this Act, but 
in no event may such employees who are participating in their official 
capacity be alloAved under such guidelines or criteria to vote on any 
matter relating to commercial standards. 
"(f) 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 stand-
ard shall be considered to be the same as the promulgation of such 
standard.". 
CONFLICT OF INTEREST 
SEC, 10. Part A of the Federal Energy Administration Act of 1974 
(15 U.S.C. 761 et seq.), as amended by this Act, is amended by adding 
at the end thereof the following: 
a 
"Commercial 
standards." 
ORGANIZATIONAL CONFLICTS 
"SEC. 33. (a) The Administrator shall, by rule, require any person 
proposing to enter into a contract, agreement, or other arrangement, 
whether by competitive bid or negotiation, under this Act or any other 
law administered by him for the conduct of research, development, 
evaluation activities, or for technical and management support serv-
ices, to provide the Administrator, prior to entering into any such 
contract, agreement, or arrangement, with all relevant information, as 
determined by the Administrator, bearing on whether that person has 
a possible conflict of interest with respect to— 
"(1) being able to render impartial, technically sound, or objec-
tive assistance or advice in light of other activities or relationships 
with other persons, or 
"(2) being given an unfair competitive advantage. 
Such person shall insure, in accordance with regulations prescribed by 
the Administrator, compliance with this section by any subcontractor 
(other than a supply subcontractor) of such person in the case of any 
subcontract of more than $10,000. 
"(b) The Administrator shall not enter into any such contract, 
agreement, or arrangement unless he finds, after evaluating all infor-
mation provided under subsection (a) and any other information 
otherwise available to him that— 
"(1) it is unlikely that a conflict of interest would exist, or 
ir 
" (2) such conflict has been avoided after appropriate conditions 
have been included in such contract, agreement, or arrangement ; 
Contracts. 
15 use 789. 
91 STAT. 280 
PUBLIC LAW 95-70—JULY 21, 1977 
except that if he determines that such conflict of interest exists and 
that such conflict of interest cannot be avoided by including appropri-
ate conditions therein, the Administrator may enter into such contract, 
agreement, or arrangement, if he determines that it is in the best 
. " 
interests of the United States to do so and includes appropriate con-
ditions in such contract, agreement, or arrangement to mitigate such 
conflict. 
Rules, 
"(c) The Administrator shall publish rules for the implementation 
publication. 
^f ^his section, in accordance with section 553 of title 5, United States 
Code (without regard to subsection (a) (2) thereof) as soon as prac-
ticable after the date of the enactment of this section, but in no event 
later than 120 days after such date.". 
Approved July 21, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-323 accompanying H.R. 6794 (Comm. on Interstate and 
Foreign Commerce). 
SENATE REPORT No. 95-123 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
May 11, considered and passed Senate. 
June 6, considered and passed House, amended, in lieu of H.R. 6794. 
June 8, Senate concurred in House amendments with an amendment. 
June 30, House concurred in Senate amendment.