Federal Energy Administration Act
PL 93-275 (H.R.11793), enacted 05/07/1974

96 
PUBLIC LAW 93-275-lVIAY 7, 1974 
[88 STAT. 
Regulations, 
Termination; 
refunds. 
Regulations. 
Report to con-
gressional com-
mittees. 
Effective and 
expiration dates. 
37 u s e 302 
note. 
"(b) Under regulations prescribed by the Secretary of Defense, 
the Secretary concerned, or his designee, may terminate, at any time, 
an officer's entitlement to the special pay authorized by this section. 
In that event, the officer is entitled to be paid only for the fractional 
part of the period of active duty that he served, and he mav be required 
to refund any amount he received in excess of that entitlement. 
"(c) Under regulations prescribed by the Secretary of Defense 
or by the Secretary of Health, Education, and Welfare, as appro-
priate, an officer who has received payment under this section and 
who voluntarily, or because of his misconduct, fails to complete the 
total number of years of active duty specified in the written agree-
ment shall be required to refund the amount received that exceeds 
his entitlement under those regulations. If an officer has received less 
incentive pay than he is entitled to under those regulations at the 
time of his separation from active duty, he shall be entitled to receive 
the additional amount due him. 
"(d) This section does not alter or modify any other service obli-
gation of an officer. Completion of the agreed period of active duty, 
or other termination of an agreement, under this section does not 
entitle an officer to be separated from the service, if he has any other 
service obligation. 
" (e) The Secretary of Defense and the Secretary of Health, Educa-
tion, and Welfare shall each submit a written report each year to the 
Committees on Armed Services of the Senate and House of Eepre-
sentatives regarding the operation of the special pay program author-
ized by this section. The report shall be on a fiscal year basis and shall 
contain— 
"(1) a review of the program for the fiscal year in which the 
report is submitted; and 
"(2) the plan for the program for the succeeding fiscal year. 
This report shall be submitted not later than April 30 of each year, 
beginning in 1975.". 
SEC. 2. The amendments made by this Act become effective on the 
first day of the first calendar month following the date of enactment. 
Except for the provisions of section 313 of title 37, United States 
Code, as added by section 1(4) of this Act, which will expire on 
June 30, 1976, the authority for the special pay provided by this Act 
shall, unless otherwise extended by Congress, expire on June 30, 1977. 
Approved May 6, 1974. 
May 7 , 1 9 7 4 
[H, R. 1 1 7 9 3 ; 
Public Law 93-275 
AN ACT 
To reorganize and consolidate certain functions of the Federal Government in a 
new Federal Energy Administration in order to promote more efficient manage-
ment of such functions. 
Be it enacted hy the Senate and House of Representatives 
of the 
Federal Energy 
United States of Amevica in Congress assembled. 
Administration 
•' 
^ 
' 
Act of 1974. 
SHORT TITLE 
15 u s e 761 
note. 
SECTION 1. This Act may be cited as the "Federal Energy Adminis-
tration Act of 1974". 
88 STAT. ] 
PUBLIC LAW 93-275-MAY 7, 1974 
97 
DECLARATION OF PURPOSE 
SEC. 2. (a) 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) 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 Administra-
tion. 
(c) The sole purpose of this Act 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 Act, 
and to transfer to such Administration certain executive branch func-
tions authorized by other laws, w^here such transfer is necessary on an 
interim basis to deal with the Nation's energy shortages. 
15 u s e 761. 
ESTABLISHMENT 
SEC. 3. There is hereby established an independent agency in the 
executive branch to be known as the Federal Energy Administration 
(hereinafter in this Act referred to as the "Administration"). 
15 use 762. 
OFFICERS 
SEC. 4. (a) There shall be at the head of the Administration an 
Administrator (hereinafter in this Act referred to as the "Adminis-
trator"), who shall be appointed by the President, by and with the 
advice and consent of the Senate. The Administrator shall receive 
compensation at the rate prescribed for offices and positions at level 
II of the Executive Schedule (5 U.S.C. 5313). The Administration 
shall be administered under the supervision and direction of the 
Administrator. 
(b) (1) The functions and powers of the Administration shall be 
vested in and exercised by the Administrator. 
(2) The Administrator may, from time to time and to the extent 
permitted by law, consistent with the purposes of this Act, delegate 
such of his functions as he deems appropriate. 
(c) There shall be in the Administration two Deputy Administra-
tors, who shall be appointed by the President, by and with the advice 
and consent of the Senate, and who shall receive compensation at the 
rate prescribed for offices and positions at level I I I of the Executive 
Schedule (5 U.S.C. 5314). 
(d) There are authorized to be in the Administration six Assistant 
Administrators, who shall be appointed by the President, by and with 
the advice and consent of the Senate, and who shall receive compensa-
15 use 763. 
Compensation, 
Functions, 
Delegation. 
Deputy Adminis-
trators, 
Assistant 
Administrators,, 
98 
PUBLIC LAW 93-275-MAY 7, 1974 
[88 STAT. 
General 
Counsel. 
5 use 101 
et seq. 
Conflict of 
interest. 
Report to 
Congress. 
Publication in 
Federal Register. 
tion at the rate prescribed for offices and positions at level IV of the 
Executive Schedule (5 U.S.C. 5315). 
(e) There shall be in the Administration a General Counsel, who 
shall be appointed by the President, by and with the advice and con-
sent of the Senate, and who shall receive compensation at the rate pre-
scribed for offices and positions at level IV of the Executive Schedule 
(5 U.S.C. 5315). 
(f) (1) There are authorized to be in the Administration not more 
than nine additional officers who shall be appointed by the Adminis-
trator and shall receive compensation at the rate prescribed for offices 
and positions at level V of the Executive Schedule (5 U.S.C. 5316). 
(2) If any person, other than an officer wdthin subsections (c), (d), 
or (e) of this section, is to be assigned principal responsibility for any 
program that shall be instituted in the Administration for either (i) 
allocation, (ii) pricing, (iii) rationing (if effected), or (iv) Federal 
and State coordination, he shall be one of the officers authorized by 
paragraph (1) of this subsection except that he shall be appointed by 
the President by and with the advice and consent of the Senate. 
(3) Appointments to the positions described in this subsection may 
be made without regard to the provisions of title 5 of the United States 
Code governing appointments in the competitive service. 
(g) Subject to subsection (f) of this section, officers appointed pur-
suant to this section shall perform such functions as the Administrator 
shall specify from time to time. 
(h) The Administrator shall designate the order in which the 
Deputy Administrators and other officials shall act for and perform 
the functions of the Administrator during his absence or disability or 
in the event of a vacancy in his office. 
(i)(l) For the purposes of this Act, section 208(b) of title 18, 
United States Code, relating to conflicts of interest, can be invoked 
and implemented only by the Administrator personally. Such sub-
section shall not be invoked as to any person unless and until— 
(A) the Congress has received, ten days prior thereto, a written 
report containing notice of the Administrator's intention so to 
invoke such subsection, a detailed statement of the subject matter 
concerning which a conflict exists; and in the case of an exemption 
set forth in clause (1) of such subsection, the nature of an officer's 
or employee's financial interest; or in the case of an exemption 
set forth in clause (2) of such subsection, the name and state-
ment of financial interest of each person who will come within 
such exemption; and 
(B) such written report is published in the Federal Eegister. 
(2) Nothing contained in this subsection shall affect in any way 
the applicability or operation of other laws relating to officers and 
employees of the United States Government. 
(j) No individual holding any of the positions described in sub-
sections (a), (c), (d), and (e) oi this section may also hold any other 
position in the executive branch during the same period. 
rUNCTIONS AND PURPOSES OF THE FEDERAL ENERGY ADMINISTRATION 
15 use 764. 
SEC. 5. (a) Subject to the provisions and procedures set forth in this 
Act, the Administrator shall be responsible for such actions as are 
88 STAT. ] 
PUBLIC LAW 93-275-MAY 7, 1974 
99 
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 Act; 
(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) 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 rela-
tion 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 pro-
duction shortages ; 
(5) promote stability in energy prices to the consumer, promote 
free and open competition in all aspects of the energy field, pre-
vent 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 volun-
tary and mandatory energy conservation programs and promote 
efficiencies in the use of energy resources; 
(8) develop land 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. 
Propane gas 
for equitable allocation of all component costs of producing pro-
pane 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 
prices. 
100 
PUBLIC LAW 93-275-MAY 7, 1974 
[88 STAT. 
movement of propane gas where, in the opinion of the Adminis-
trator, 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. 
Transfer of 
functions. 
15 use 765, 
TRANSFERS 
SEC. 6. (a) There are hereby transferred to and vested in the Admin-
istrator 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) 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. 
Attorneys, 
15 use 766. 
5 use 5101. 
5 use 101 et 
seq. 
Experts and 
consultants. 
5 use 5332 
note. 
Rules and 
regulations. 
eost of Living 
eouncil, notifica-
tion. 
ADMINISTRATIVE PROVISIONS 
SEC. 7. (a)(1) The Administrator may appoint, employ, and fix 
the compensation of such officers and employees, including attorneys, 
as are necessary to perform the functions vested in him, and prescribe 
their authority and duties. In addition to the number of positions 
which may be placed in GS-16, 17, and 18 under existing law, not to 
exceed 91 positions may be placed in GS-16,17, and 18 to carry out the 
functions under this Act: Provided, That the total number of positions 
within the Administration in GS-16, 17, 18 shall not exceed 105: And 
provided further, That, except as provided in paragraph (2) of this 
subsection, the authority under this subsection shall be subject to the 
standards and procedures prescribed under Chapter 51 of title 5, 
United States Code, and shall continue only for the duration of the 
exercise of functions under this Act. 
(2) Twenty-five of the GS-16, 17, and 18 positions authorized by 
paragraph (1) of this subsection may be filled without regard to the 
provisions of title 5 of the LTnited States Code governing appointments 
in the competitive service. 
(b) The Administrator may employ experts, expert witnesses, and 
consultants in accordance with section 3109 of title 5 of the United 
States Code, and compensate such persons at rates not in excess of the 
maximum daily rate prescribed for GS-18 under section 5332 of title 5 
of the United States Code for persons in Government service employed 
intermittently. 
(c) 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 relating to the cost or price of energy, 
transmit notice of such proposed action to the Cost of Living 
Council and provide a period, which shall not be less than five days 
from the receipt of such notice, for the Cost of Living Council to 
approve or disapprove such proposed action. If during the period 
provided, the Cost of Living Council— 
88 STAT. ] 
PUBLIC LAW 93-275-MAY 7, 1974 
101 
(A) approves such proposed action, it may take effect; 
(B) disapproves such proposed action, it shall not take 
effect; or 
(C) fails to either approve or disapprove such proposed 
action, it may take effect in the same manner as if the Cost 
of Living Council had given its approval. 
(2) The Administrator shall, before promulgating proposed 
Comments. 
rules, regulations, or policies affecting the quality of the environ-
ment, provide a period of not less than five days from receipt of 
notice of the proposed action during which the Administrator of 
the Environmental Protection Agency may provide written com-
ments concerning the impact of such rules, regulations, or policies 
on the quality of the environment. Such comments shall be 
Publication. 
published along with public notice of the proposed action. 
The review required by paragraphs (1) and (2) of this subsection 
Review, waiver. 
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. 
(d) The Administrator may utilize, with their consent, the services, co^oplraffo^".^ 
personnel, equipment, and facilities of Federal, State, regional, and 
local public agencies and instrumentalities, with or without reimburse-
ment therefor, and may transfer funds made available pursuant to this 
Act, to Federal, State, regional, and local public agencies and instru-
mentalities, as reimbursement for utilization of such services, person-
nel, equipment, and facilities. 
(e) The Administrator shall cause a seal of office to be made for the 
^^si-
Administration of such design as he shall approve, and judicial notice 
shall be taken of such seal. 
(f) The Administrator may accept unconditional gifts or dona- 
outs, accept-
tions of money or property, real, personal, or mixed, tangible or ^"''^' 
intangible. 
(g) The Administrator may enter into and perform contracts, 
contract author 
leases, cooperative agreements, or other similar transactions with any ^'^" 
public agency or instrumentality or with any person, firm, association, 
corporation, or institution. 
(h) The Administrator may perform such other activities as may 
be necessary for the effective fulfillment of his administrative duties 
and functions. 
(i) (1) (A) Subject to paragraphs (B), (C), and (D) of this sub-
section, the provisions of subchapter II of chapter 5 of title 5, United 
States Code, shall apply to any rule or regulation, or any order having 
s use ssi. 
the applicability and effect of a rule as defined in section 551(4) of 
title 5, United States Code, issued pursuant to this Act, including 
any such rule, regulation, or order of a State or local government 
agency, or officer thereof, issued pursuant to authority delegated by the 
Administrator. 
(B) Notice of any proposed rule, regulation, or order described in 
Publication in 
paragraph (A) shall be given by publication of such proposed rule, ^ "^ 
agister, 
regulation, or order in the Federal Register. In each case, a minimum 
comments. 
of ten days following such publication shall be provided for opportu-
nity to comment; except that the requirements of this paragraph as to 
time of notice and opportunity to comment may be waived where strict 
compliance is found to cause serious harm or injury to the public 
health, safety, or welfare, and such finding is set out in detail in such 
rule, regulation, or order. In addition, public notice of all rules, regu- 
Public notice, 
lations, or orders described in paragraph (A) which are promulgated publication. 
102 
PUBLIC LAW 93-275-MAY 7, 1974 
[88 STAT. 
Views, oral 
presentation. 
by officers of a State or local government agency shall to the maximum 
extent practicable be achieved by publication of such rules, regulations, 
or orders in a sufficient number of newspapers of statewide circulation 
calculated to receive widest possible notice. 
(C) In addition to the requirements of paragraph (B), if any rule, 
regulation, or order described in paragraph (A) is likely to have a 
substantial impact on the Nation's economy or large numbers of indi-
viduals or businesses, an opportunity for oral presentation of view^s, 
data, and arguments shall be afforded. To the maximum extent prac-
ticable, such opportunity shall be afforded prior to the issuance of such 
rule, regulation, or order, but in all cases such opportunity shall be 
afforded no later than forty-five days after the issuance of any such 
rule, regulation, or order. A transcript shall be kept of any oral 
presentation. 
(D) Any officer or agency authorized to issue the rules, regulations, 
or orders described in paragraph (A) shall provide for the making of 
such adjustments, consistent with the other purposes of this Act, as 
may be necessary to prevent special hardship, inequity, or unfair dis-
tribution 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. If such person is aggrieved or adversely 
affected by the denial of a request for such iiction under the preceding 
sentence, he may request a review of such denial by the officer or agency 
and may obtain judicial review in accordance with paragraph (2) of 
this subsection when such denial becomes final. The officer or agency 
shall, by rule, establish appropriate procedures, including a hearing 
w^here deemed advisable by the officer or agency, for considering such 
requests for action under this paragraph. 
(E) In addition to the requirements of section 552 of title 5, United 
States Code, any agency authorized to issue the rules, regulations, or 
orders described in paragraph (A) shall make available to the public 
all internal rules and guidelines which may form the basis, in whole or 
in part, for any such rule, regulation, or order with such modifications 
as are necessary to insure confidentiality protected under such section 
552. Such agency shall, upon written request of a petitioner filed after 
any grant or denial of a request for exception or exemption from rules 
or orders, furnish tlie petitioner with a written opinion setting forth 
applicable facts and the legal basis in support of such grant or denial. 
Such opinions shall be made available to the petitioner and the public 
within thirty days of such request, with such modifications as are 
necessai'y to insure confidentiality of information protected under such 
section 552. 
Judicial review. 
(£) (A) Judicial rcvicw of administrative rulemaking of general and 
national applicability done under this Act, except that done pursuant 
to the Emergency Petroleum Allocation Act of 1973, 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 Act, except that done pursuant to the 
Emergency Petroleum Allocation Act of 1973, 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 promul-
gation 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. 
Hearing. 
Public infoi-
mation. 
15 u s e 751 
note. 
88 STAT. ] 
PUBLIC LAW 93-275-MAY 7, 1974 
103 
(B) Notwithstanding the amount in controversy, the district courts 
Jurisdiction. 
of the United States shall have exclusive original jurisdiction of all 
other cases or controversies arising under this Act, or under rules, regu-
lations, or orders issued thereunder, except any actions taken to imple-
ment or enforce any rule, regulation, or order by any officer of a State 
or local government agency under this Act: Provided,, That nothing 
in this section affects the power of any court of competent jurisdiction 
to consider, hear, and determine in any proceeding before it any issue 
raised by way of defense (other than a defense based on the unconsti-
tutionality of this Act or the validity of action taken by any agency 
under this Act). If in any such proceeding an issue by way of defense 
is raised based on the unconstitutionality of this Act or the validity of 
agency action under this Act, the case shall be subject to removal by 
either party to a district court of the United States in accordance with 
the applicable provisions of chapter 89 of title 28, United States Code. 
28 use i44i. 
Cases or controversies arising under any rule, regulation, or order of 
any officer of a State or local government agency may be heard in 
either (1) any appropriate State court, or (2) without regard to the 
amount in controversy, the district courts of the United States. 
(3) The Administrator may by rule prescribe procedures for State 
or local government agencies authorized by the Administrator- to 
carry out functions under this Act. Such procedures shall apply to 
such agencies in lieu of paragraph (1) of this subsection, and shall 
require that prior to taking any action, such agencies shall take steps 
reasonably calculated to provide notice to persons who may be affected 
by the action, and shall afford an opportunity for presentation of 
views (including oral presentation of views where practicable) at 
least ten days before taking the action. 
(j) The Administration, in connection with the exercise of the 
authority under this Act, shall be considered an independent Federal 
regulatory agency for the purposes of sections 3502 and 3512 of title 
44 of the United States Code. 
TRANSITIONAL AND SAVINGS PROVISIONS 
SEC. 8. (a) 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 Act, 
and 
(2) which are in effect at the time this Act takes effect, 
shall continue injeffect according to their terms until modified, termi-
nated, superseded, set aside, or revoked by the President, the Adminis-
trator, other authorized officials, a court of competent jurisdiction, or 
by operation of law. 
(b) This Act shall not affect any proceeding pending, at the time 
this Act takes effect, before any department or agency (or component 
thereof) regarding functions which are transferred by this Act; but 
such proceedings, to the extent that they relate to functions so trans-
ferred, shall be continued. Orders shall be issued in such proceedings, 
appeals (except as provided in section 7(i) (2) of this Act) shall be 
taken therefrom, and payments shall be made pursuant to such orders, 
as if this Act had not been enacted; and orders issued in any such 
proceedings shall continue in effect until modified, terminated, super-
seded, or revoked by a duly authorized official, by a court of competent 
jurisdiction, or by operation of law. Nothing in this subsection shall 
104 
PUBLIC LAW 93-275-MAY 7, 1974 
[88 STAT. 
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 Act 
had not been enacted. 
(c) Except as provided in subsection (e) — 
(1) the provisions of this Act shall not affect suits commenced 
prior to the date this Act takes effect, and 
(2) in all such suits proceedings shall be had, appeals taken, 
and judgments rendered, in the same manner and efi'ect as if this 
Act had not been enacted. 
Litigation. 
((j^ j^Q 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 Act, shall abate 
by reason of the enactment of this Act. No cause of action by or against 
any department or agency, functions of which are transferred by this 
Act, or by or against any officer thereof in his official capacity shall 
abate by reason of the enactment of this Act. 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 Act 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) If, before the date on which this Act takes effect, any depart-
ment or agency, or officer thereof in his official capacity, is a party 
to a suit, and under this Act 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 Act had not been enacted, with 
the Administrator, or other official as the case may be, substituted. 
Judicial review. 
^
f
^ Flual orders and actions of any official or component in the 
performance of functions transferred by this Act 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 Act. Any statutory 
requirements relating to notices, hearings, action upon the record, or 
administrative review that apply to any function transferred or dele-
gated by this Act shall apply to the performance of those functions 
by the Administrator, or any officer or componeilt of the Administra-
tion. In the event of any inconsistency between the provisions of this 
subsection and section 7, the provisions of section 7 shall govei-n. 
(g) With respect to any function transferred by this Act and per-
formed after the effective date of this Act, 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 Administra-
tion, Administrator, or other office or officers in which this Act vests 
such functions. 
(h) 'Nothing contained in this Act shall be construed to limit, cur-
tail, abolish, or terminate any function of the President which he had 
immediately before the effective date of this Act; or to limit, curtail, 
abolish, or terminate his authority to perform such function; or to 
limit, curtail, abolish, or terminate his authority to delegate, redele-
gate, or terminate any delegations of functions. 
(i) Any reference in this Act to any provision of law shall be 
deemed to include, as appropriate, references thereto as now or here-
after amended or supplemented. 
88 STAT, ] 
PUBLIC LAW 93-275-MAY 7, 1974 
105 
INCIDENTAL TRANSFERS 
SEC. 9. The Director of the Office of Management and Budget is 
is use 768. 
authorized and directed to make such additional incidental disposi-
tions of personnel, personnel positions, assets, liabilities, contracts, 
property, records, and unexpended balances of appropriations, author-
izations, allocations, and other funds held, used, arising from, avail-
able to, or to be made available in connection with functions which are 
transferred by or which revert under this Act, as the Director deems 
necessary and appropriate to accomplish the intent and purpose of 
this Act. 
DEFINITIONS 
SEC. 10. As used in this Act— 
is use 769. 
(1) any reference to "function" or "functions" shall be deemed 
to include references to duty, obligation, power, authority, respon-
sibility, 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. 
APPOINTMENTS 
SEC. 11 (a) Funds available to any department or agency (or any 
is use 770. 
official or component thereof), and lawfully authorized for any of the 
specific functions which are transferred to the Administrator by this 
Act, may, with the approval of the President, be used to pay the com-
pensation and expenses of any officer appointed pursuant to this Act 
until such times as funds for that purpose are otherwise available. 
(b) In the event that any officer required by this Act 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 Act, the President may desig-
nate 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 Act, or any officer who 
was performing essentially the same functions immediately prior to 
the effective date of this Act, to act in such office until the office is filled 
as provided in this Act: 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) Transfer of nontemporary personnel pursuant to this Act 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) Any person who, on the effective date of this Act, held a posi-
tion compensated in accordance with the Executive Schedule pre-
scribed in chapter 53 of title 5 of the United States Code, and who, 
s use 5301. 
without a break in service, is appointed in the Administration to a 
position having duties comparable to those performed immediately 
preceding his appointmeiifc, shall continue to be compensated in his 
-aw position at not less than the rate provided for his previous 
po'iition. 
Congress. 
106 
PUBLIC LAW 93-275-MAY 7, 1974 
[88 STAT. 
ACCESS TO INFORMATION 
BY T H E COMPTROLLER 
GENERAL 
'^"ties. 
SEC. 12. (a) For the duration of this Act, the Comptroller General 
use 7 . 
^£ ^j^^ 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 regula-
tions 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, analyz-
ing, 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 
J!,t^°=V° 
under this Act 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) The Comptroller General or any of his authorized representa-
tives 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 Act, 
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) 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 7 of this Act which 
in the opinion of the Comptroller General may be related or pertinent 
to such contracts, leases, cooperative agreements, or similar trans-
actions. 
' 
(d) To assist in carrying out his responsibilities under this section, 
the Comptroller General may, with the concurrence of a duly estab-
lished committee of Congress having legislative or investigative juris-
diction over the subject matter and upon the adoption of a resolution 
by such a committee which sets forth specifically the scope and neces-
sity therefor, and the specific identity of those persons from whom 
information is sought, sign and issue subpenas requiring the produc-
tion of the books, documents, papers, statistics, data, records, and 
information referred to in subsection (b) of this section. 
(e) In case of disobedience to a subpena issued under subsection (d) 
of this section, the Comptroller General may invoke the aid of any dis-
trict 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 
88 STAT. ] 
PUBLIC LAW 93-275-MAY 7, 1974 
107 
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) Reports submitted by the Comptroller General to the Congress 
Reports, avaii-
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, 
United States Code, 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. 
INFORMATION-GATHERING 
POWER 
SEC. 13. (a) The Administrator shall collect, assemble, evaluate, and 
^^ use 772. 
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 Act. 
(b) All persons owning or operating facilities or business premises 
who are engaged in any phase of energy supply or major energy con-
sumption shall make available to the Administrator such information 
and periodic reports, records, documents, and other data, relating to 
the purposes of this Act, 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 Act. 
(c) 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, sur-
veys, or questionnaires as may be necessary to enable the Administra-
tor to carry out his functions under this Act. 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) The Administrator, to verify the accuracy of information he 
investigations. 
has received or otherwise to obtain information necessary to perform 
his functions under this Act, 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) (1) The Administrator, or any of his duly authorized agents, 
subpena. 
shall have the power to require by subpena the attendance and testi-
mony of witnesses, and the production of all information, documents, 
reports, answers, records, accounts, papers, and other data and docu-
mentary evidence which the Administrator is authorized to obtain 
pursuant to this section. 
108 
PUBLIC LAW 93-275-MAY 7, 1974 
[88 STAT. 
U.S. Govern-
ment-owned lands. 
15 u s e 773. 
15 u s e 78m, 
78o. 
Guidelines. 
(2) Any appropriate United States district court may, in case of 
contumacy or refusal to obey a subpena issued pursuant to this sec-
tion, 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) 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. 
PUBLIC DISCLOSURE OF INFORMATION 
SEC. 14. (a) 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 dura-
tion of shortages of energy supplies, the impact of such shortages, and 
the steps being taken to minimize such impacts. 
(b) Subject to the provisions of this Act, section 552 of title 5, United 
States Code, shall apply to public disclosure of information by the 
Administrator: Provided^ That notwithstanding said section, the pro-
visions of section 1905 of title 18, United States Code, or any other pro-
vision of law, (1) all matters reported to, or otherwise obtained by, any 
person exercising authority under this Act containing trade secrets or 
other- matter referred to in section 190'5 of title 18, United States Code, 
may be disclosed to other persons authorized to perform functions 
under this Act solely to carry out the purposes of the Act, or when 
relevant in any proceeding under this Act; and (2) the Administrator 
shall disclose to the public, at a reasonable cost, and upon a request 
wliich reasonably describes the matter sought, any matter of the type 
which could not be excluded from public annual repor-ts to the Secu-
rities and Exchange Commission pursuant to section 13 or 15(d) of 
the Securities Exchange Act of 1934 by a business enterprise exclu-
sively engaged in the manufacture or sale of a single product, unless 
such matter concerns or relates to the trade secrets, processes, opera-
tions, style of work, or apparatus of a business enterprise. 
(c) 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. 
Report to 
Congress. 
15 u s e 774. 
REPORTS AND RECOMMENDATIONS 
SEC. 15. (a) Six months before the expiration of this Act, the Presi-
dent shall transmit to Congress a full I'eport together with his recom-
mendations for— 
88 STAT. ] 
PUBLIC LAW 93-275-IVIAY 7, 1974 
109 
(1) disposition of the functions of the Administration upon its 
termination; 
(2) continuation of the Administration with its present func-
tions ; or 
(3) reorganization of the Administration; and 
(4) organization of the Federal Government for the manage-
ment of energy and natural resources policies and programs. 
(b) Not later than one year after the effective date of this Act, the 
Report to Pres-
Administrator shall submit a report to the President and Congress gress.^" 
which will provide a complete and independent analysis of actual oil 
and gas reserves and resources in the United States and its Outer Con-
tinental 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 mrough full 
utilization of available technology and capacity. The report shall also 
contain the Administration's recommendations for improving the utili-
zation 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. 
(c) The Administrator shall prepare and submit directly to the 
Report to Pres-
Congress and the President every year after the date of enactment of gress.^" 
this Act 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 recommenda-
tions 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) equitalDly share the burden of shortages among indi-
vdduals and business firms; and 
(E) minimize any distortion of voluntary choices of indi-
viduals 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 con-
ducted under section 13 of this Act. 
(d) Not later than thirty days after the effective date of this Act, <=itizen fuel 
the Administrator shall issue preliminary summer guidelines for citi- guideli'^"!'^ 
zen fuel use. 
(e) The Administrator shall provide interim reports to the Con- interim reports 
gress from time to time and when requested by committees of Congress. ° °"^''^^^' 
SEX DISCRIMINATTON 
SEC. 16. No individual shall on the grounds of sex be excluded from 
^^ ^^^ ''^s. 
participation in, be denied the benefits of, or be subjected to discrim-
ination under any program or activity carried on or receiving Federal 
n o 
PUBLIC LAW 93-275-MAY 7, 1974 
[88 STAT. 
assistance under this Act. 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 
42 use 2oood. 
Rights Act of 1964. However, this remedy is not exclusive and will 
not prejudice or remove any other legal remedies available to any 
individual alleging discrimination. 
ADVISORY COMMITTEES 
1
5 use 776. 
gj,(3^ i^^ ^a^^ Whenever the Administrator shall establish or utilize 
any board, task force, commission, committee, or similar group, not 
composed entirely of full-time Government employees, to advise with 
respect to, or to formulate or carry out, any agreement or plan of 
action affecting any industry or segment thereof, the Administrator 
shall endeavor to insure that each such group is reasonably represent-
ative of the various points of view and functions of the industry and 
users affected, including those of residential, commercial, and indus-
trial consumers, and shall include, where appropriate, representation 
from both State and local governments, and from representatives of 
State regulatory utility commissions, selected after consultation with 
the respective national associations. 
Meetings. 
^jj^^ Each meeting of such board, task force, commission, committee, 
or similar group, shall be open to the public, and interested persons 
shall be permitted to attend, appear before, and file statements with, 
such group, except that the Administrator may determine that such 
meeting shall be closed in the interest of national security. Such deter-
mination shall be in writing, shall contain a detailed explanation of 
reasons in justification of the determination, and shall be made avail-
able to the public. 
Reports, avail- 
((3) j ^ \ \ records, I'eports, transcripts, memoranda, and other docu-
ments, which were prepared for or by such group, shall be available 
for public inspection and copying at a single location in the offices of 
the Administration. 
(d) Advisory committees established or utilized pursuant to this 
Act shall be governed in full by the provisions of the Federal Advisory 
5 use app. I. 
Committee Act (Public Law 92-463, 86 Stat. 770), except as incon-
sistent with this section. 
ECONOMIC ANALYSIS OF PROPOSED ACTIONS 
IS use 777. 
gj,(._ 28. (a) In carrying out the provisions of this Act, the Adminis-
trator shall, to the greatest extent practicable, insure that the potential 
economic impacts of proposed regulatory and other actions are evalu-
ated 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) The Administrator shall develop analyses of the economic 
impact of various conservation measures on States or significant sectors 
ability, 
88 STAT. ] 
PUBLIC LAW 93-275-MAY 7, 1974 
111 
thereof, considering the impact on both energy for fuel and energy 
as feed stock for industry. 
(c) 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 pre-
paring 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) 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 a 
report every six months 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 pro-
grams of employment and economic assistance should be put into effect 
to minimize the impact of the energy shortage and any actions taken. 
(e) 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. 
Energy actions, 
economic impact, 
monitors. 
Report to 
Congress. 
MANAGEMENT OVERSIGHT REVIEW 
SEC. 19. 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 Act. Such review may be conducted by con-
tract or by any Federal department or agency. A written report shall 
be submitted to the Administrator concerning the findings of the 
review. 
15 u s e 778. 
Report to 
Administrator. 
COORDINATION W I T H , AND TECHNICAL ASSISTANCE TO, STATE GOVERNMENTS 
SEC. 20. (a) 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 Act, 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 Act or under the authority of other 
Acts; and 
(B) within one hundred and twenty days of the effective 
date of this Act, the public, State governments, and all Mem-
bers of the Congress with a report in nontechnical language 
which— 
(i) describes the functions performed by the Admin-
istration ; 
(ii) sets forth in detail the organization of the Admin-
istration, the location of its offices (including regional. 
State, and local offices), the names and phone numbers of 
Administration officials, and other appropriate informa-
tion concerning the operation of the Administration; 
15 u s e 779. 
Report to 
Congress and 
State govern-
ments. 
Report to the 
public. State 
governments and 
Congress. 
112 
PUBLIC LAW 93-275-iVlAY 7, 1974 
[88 SxATi 
Energy short-
ages, status 
reports. 
Information 
clearinghouse. 
Technical 
assistance. 
Conferences. 
Model legisla-
tion. 
Grant criteria. 
(iii) delineates the role that State, and Federal gov-
ernments will or may perform in achieving the purposes 
of this Act; and 
(iv) provides the public with a clear understanding 
of their duties and obligations, rights, and responsibili-
ties 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 
Act, provide, where practicable, a reasonable period in which 
State governments may provide written comments if such rules, 
regulations, policies, or programs substantially affect the author-
ity or responsibility of such State governments; 
(3) provide, in accordance with the provisions of this Act, 
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) Pursuant to his responsibility under this section, the Adminis-
trator shall— 
(1) provide technical assistance—including advice and consul-
tation 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 Act, and the Administrator is authorized to pay 
reasonable expenses incurred in the participation of individuals 
hi such conferences; 
(3) draft and make available to State governments model leg-
islation with respect to State energy programs and policies; and 
(4) promote the promulgation of uniforai criteria, procedures, 
and forms for grant or contract applications for energy proposals 
submitted by State governments. 
OFFICE OF PRIVATE GRIEVANCES AND REDRESS 
E stablishment. 
15 u s e 780. 
Report to 
Congress. 
SEC. 21. (a) 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) Any person, adversely affected by any order, rule, or regulation 
issued by the Administrator in carrying out the functions assigned to 
him under this Act, may petition the Administrator for special redress, 
relief, or other extraordinary assistance, apart from, or in addition 
to, any right or privilege to iseek redress of grievances provided in 
section Y. 
(c) The Administrator shall report quarterly to the Congress on the 
nature and number of the grievances which have been filed, and the 
88 STAT.] 
PUBLIC LAW 93-275-IVlAY 7, 1974 
113 
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 dis-
tribute more equitably the burdens resulting from any measures 
adopted, or actions taken, by him. 
Recommenda-
tions to Congress. 
COMPREHENSIVE ENERGY PLAN 
SEC. 22. (a) Pursuant and subject to the provisions and procedures 
set forth in this Act, the Administrator shall, within six months from 
the date of the enactment of this Act, develop and report to the Con-
gress and the President a comprehensive plan designed to alleviate the 
energy shortage, for the time period covered by this Act. 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 Adminis-
trator has considered together with a rationale in explanation of 
the rejection of any such alternatives in preference to the measures 
actually proposed. 
(b) The Administrator may, from time to time, modify or otherwise 
iilter any such plan, except that, upon request of an appropriate com-
mittee of the Congress, the Administrator shall supply analytical 
justifications for any such alterations. 
(c) The Administrator shall be responsible for monitoring any such 
|)lans as are implemented with respect to their effectiveness in achiev-
ing the anticipated benefits. 
Report to 
President and 
Congress. 
15 u s e 781. 
PETROCHEMICAL REPORT 
SEC. 23. (a) 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 Tariff Commission shall, by 
wi'itten 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 ciirrent 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 contribution in 1975; 
(4) anticipated economic effects of current and expected 1975 
levels of domestic supplies of petrochemicals upon domestic pro-
ducers, converters, and fabricators of petrochemical raw mate-
rials and products; and 
(5) exact nature, extent, and sources of data and other informa-
tion available to the Federal Government regarding the matters 
Report to 
Congress^ 
15 use 782. 
114 
PUBLIC LAW 93-275-MAY 7, 1974 
[88 STAT. 
'Petrochemi-
cal.' 
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) 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. 
15 u s e 783. 
Lists, trans-
mittal to Con-
gress, 
HYDROELECTRIC GENERATING FACILITIES 
SEC. 24. Within ninety days of the effective date of this Act, 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 exist-
ing hydroelectric generating facilities, and 
(2) provide, for each such facility which is listed— 
(A) a construction schedule and cost estimates for an expe-
dited 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. 
File mainte-
nance. 
15 u s e 784. 
INFORMATION CONCERNING TRANSACTION, SALE, EXCHANGE OR SHIPMENT 
INVOLVING THE EXPORT FROM THE UNITED STATES TO A FOREIGN NATION 
OF COAL AND ANY REFINED PETROLEUM PRODUCT 
SEC. 25. (a) The Administrator is authorized and directed to estab-
lish 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) Upon request of any committee of Congress or the head of any 
Federal agency, the Administrator shall promptly provide any infor-
mation 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) 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. 
88 STAT. ] 
PUBLIC LAW 93-276-MAY 10, 1974 
115 
FOREIGN OWNERSHIP 
SEC. 26. 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 informa-
tion, where available, and any independent investigation necessary by 
the Administration. The Administrator shall, on or before the expira-
tion of the one hundred and eighty day period following the effective 
date of this Act, report to the Congress in sufficient detail so as to 
apprise the Congress as to the extent and forms of such foreign owner-
ship of, influence on, and control of domestic energy sources and 
supplies, and shall thereafter continue to monitor such ownership, 
influence and control. 
SEPARABILITY 
Review. 
15 use 785. 
Report to 
Congress. 
SEC. 27. If any provision of this Act, or the application thereof to ^^^^ 
any person or circumstance, is held invalid, the remainder of this Act, 
and the application of such provision to other persons or circum-
stances, shall not be affected thereby. 
15 u s e 761 
REVERSION" 
SEC. 28. Upon the termination of this Act, any functions or personnel 
transferred by this Act shall revert to the department, agency, or office 
from which they were transferred. An officer or employee of the Fed-
eral Government who is appointed, without break in service of one or 
more workdays, to any position for carrying out functions under this 
Act is entitled, upon separation from such position other than for 
cause, to reemployment in the position occupied at the time of appoint-
ment, or in a position of comparable grade and salary. 
IS use 786. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 29. There are hereby authorized to be appropriated to the „otf,^^^ ^^^ 
Administrator, to remain available until expended, $75,000,000 for 
fiscal year 1974, and $200,000,000 annually for each of fiscal years 1975 
and 1976 to carry out the purposes of this Act. 
EFFECTIVE DATE; TERMINATION DATE 
SEC. 30. This Act shall become effective sixty days after the date 
of enactment or sooner if the President publishes notice in the Fed-
eral Register. This Act shall terminate June 30,1976. 
Approved May 7, 1974. 
15 use 761 
note. 
Public Law 93-276 
AN ACT 
May 10, 1974 
To authorize appropriations to the Atomic Energy Commission in accordance 
[s.3292] 
with section 261 of tlie Atomic Energy Act of 1954, as amended, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
Atomic Energy 
SEC. 101. There is hereby authorized to be appropriated to the 
T^ropr^ation 
Atomic Energy Commission in accordance with the provisions of sec- authorization. 
tion 261 of the Atomic Energy Act of 1954, as amended: 
42 use 2017.