Notes on 15 U.S.C. § 761 : US Code - Notes

Search Notes on 15 U.S.C. § 761 : US Code - Notes

(Pub. L. 93-275, Sec. 2, May 7, 1974, 88 Stat. 97.)
EFFECTIVE AND TERMINATION DATES
Section 30 of Pub. L. 93-275, as amended by Pub. L. 94-332, June
30, 1976, 90 Stat. 784; Pub. L. 94-385, title I, Sec. 112(a), Aug.
14, 1976, 90 Stat. 1132; Pub. L. 95-70, Sec. 6, July 21, 1977, 91
Stat. 277, under which this chapter became effective sixty days
after May 7, 1974, and was to terminate Sept. 30, 1978, was
repealed by Pub. L. 95-91, title VII, Sec. 709(a)(1), Aug. 4, 1977,
91 Stat. 607.
SHORT TITLE OF 1977 AMENDMENT
Pub. L. 95-70, Sec. 1, July 21, 1977, 91 Stat. 275, provided
that: "This Act [enacting sections 788 and 789 of this title and
amending sections 766 and 792 of this title, sections 6246, 6309,
and 6881 of Title 42, The Public Health and Welfare, and notes
under this section] may be cited as the 'Federal Energy
Administration Authorization Act of 1977'."
SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94-385, title I, Sec. 101, Aug. 14, 1976, 90 Stat. 1127,
provided that: "This title [enacting sections 787, 790 to 790h of
this title, amending sections 757, 764, 766, 772, 774, 777 and 784
of this title and sections 5818, 6211 and 6295 of Title 42, The
Public Health and Welfare, and enacting provisions set out as notes
under this section and sections 753, 757, and 790 of this title]
may be cited as the 'Federal Energy Administration Act Amendments
of 1976'."
SHORT TITLE
Section 1 of Pub. L. 93-275 provided that: "This Act [enacting
this chapter and provisions set out as notes under this section]
may be cited as the 'Federal Energy Administration Act of 1974'."
SEPARABILITY
Section 27 of Pub. L. 93-275 provided that: "If any provision of
this Act [this chapter], or the application thereof to any person
or circumstance, is held invalid, the remainder of this Act [this
chapter], and the application of such provision to other persons or
circumstances, shall not be affected thereby."
TRANSFER OF FUNCTIONS
Federal Energy Administration terminated and functions vested by
law in Administration or in its Administrator, officers, and
components transferred to Secretary of Energy (unless otherwise
specifically provided) by sections 7151(a) and 7293 of Title 42,
The Public Health and Welfare.
AUTHORIZATION OF APPROPRIATIONS
Section 29 of Pub. L. 93-275, as amended by Pub. L. 94-385, title
I, Sec. 110, Aug. 14, 1976, 90 Stat. 1130; Pub. L. 95-70, Sec. 2,
July 21, 1977, 91 Stat. 275, provided that:
"(a) There are authorized to be appropriated to the Federal
Energy Administration the following sums:
"(1) subject to the restrictions specified in subsection (b),
to carry out the functions identified as assigned to Executive
Direction and Administration of the Federal Energy Administration
as of January 1, 1977 -
"(A) for the fiscal year ending September 30, 1977, not to
exceed $35,627,000; and
"(B) for the fiscal year ending September 30, 1978, not to
exceed $41,017,000.
"(2) to carry out the functions identified as assigned to the
Office of Energy Information and Analysis as of January 1, 1977 -

"(A) for the fiscal year ending September 30, 1977, not to
exceed $34,971,000; and
"(B) for the fiscal year ending September 30, 1978, not to
exceed $43,544,000.
"(3) to carry out the functions identified as assigned to the
Office of Regulatory Programs as of January 1, 1977 -
"(A) for the fiscal year ending September 30, 1977, not to
exceed $62,459,000; and
"(B) for the fiscal year ending September 30, 1978, not to
exceed $62,459,000.
"(4) to carry out the functions identified as assigned to the
Office of Conservation and Environment as of January 1, 1977
(other than functions described in part A [section 6861 et seq.
of Title 42, The Public Health and Welfare] and part D [section
6881 et seq. of Title 42] of title IV of the Energy Conservation
and Production Act, parts B [section 6291 et seq. of Title 42]
and C [section 6321 et seq. of Title 42] of title III of the
Energy Policy and Conservation Act and, for the fiscal year
ending September 30, 1977, functions described in title II of the
Energy Conservation and Production Act [section 6801 et seq. of
Title 42] and in paragraph (7) of this subsection) -
"(A) for the fiscal year ending September 30, 1977, not to
exceed $38,603,000; and
"(B) for the fiscal year ending September 30, 1978, not to
exceed $46,908,000.
"(5) to carry out the functions identified as assigned to the
Office of Energy Resource Development as of January 1, 1977 -
"(A) for the fiscal year ending September 30, 1977, not to
exceed $16,934,000; and
"(B) for the fiscal year ending September 30, 1978, not to
exceed $26,017,000.
"(6) to carry out the functions identified as assigned to the
Office of International Energy Affairs as of January 1, 1977 -
"(A) for the fiscal year ending September 30, 1977, not to
exceed $1,921,000; and
"(B) for the fiscal year ending September 30, 1978, not to
exceed $1,846,000.
"(7) subject to the restriction specified in subsection (c), to
carry out a program to develop the policies, plans,
implementation strategies, and program definitions for promoting
accelerated utilization and widespread commercialization of solar
energy and to provide overall coordination of Federal solar
energy commercialization activities, for the fiscal year ending
September 30, 1977, not to exceed $2,500,000.
"(8) for the purpose of permitting public use of the Project
Independence Evaluation System pursuant to section 31 of this Act
[section 787 of this title], not to exceed the aggregate amount
of the fees estimated to be charged for such use.
"(b) The following restrictions shall apply to the authorization
of appropriations specified in paragraph (1) of subsection (a) -
"(1) amounts to carry out the functions identified as assigned
to the Office of Communication and Public Affairs as of January
1, 1977, shall not exceed $2,112,000 for the fiscal year ending
September 30, 1977; and
"(2) no amounts authorized to be appropriated in such paragraph
may be used to carry out the functions identified as assigned to
the Office of Nuclear Affairs as of January 1, 1976.
"(c) No amounts authorized to be appropriated in paragraphs (5)
(B) and (7) of subsection (a) may be used to carry out solar energy
research, development, or demonstration activities.
"(d) Subject to the provisions of any other law enacted after the
date of the enactment of this subsection [July 21, 1977], if any
function for which funds are authorized to be appropriated by this
section is transferred by or pursuant to any such provision of law
to any department, agency, or office, the unexpended balances of
appropriations, authorizations, allocations, and other funds, held,
used, arising from, available to, or to be made available in
connection with such function shall be transferred to such
department, agency, or office, but shall continue to be subject to
any restriction to which they were subject before such transfer."
ADVICE AND CONSENT OF SENATE REQUIRED FOR APPOINTMENT OF DIRECTOR
OF ENERGY POLICY OFFICE
Pub. L. 93-153, title IV, Sec. 404, Nov. 16, 1973, 87 Stat. 590,
directed that Director of Energy Policy Office be appointed by
President, by and with advice and consent of Senate, but that if
any individual serving in this office on Nov. 16, 1973, were
nominated for such position, he may continue to act unless and
until such nomination were disapproved by Senate.
EXECUTIVE ORDER NO. 11712
Ex. Ord. No. 11712, Apr. 18, 1973, 38 F.R. 9657, which related to
the Special Committee on Energy and the National Energy Office, was
superseded by Ex. Ord. No. 11726, June 29, 1973, 38 F.R. 17711,
formerly set out as a note under section 791a of Title 16,
Conservation.
EXECUTIVE ORDER NO. 11726
Ex. Ord. No. 11726, June 29, 1973, 38 F.R. 17711, formerly set
out as a note under section 791a of Title 16, Conservation, which
established the Energy Policy Office, was superseded by Ex. Ord.
No. 11775, Mar. 26, 1974, 39 F.R. 11415, set out below.
EX. ORD. NO. 11775. ABOLITION OF ENERGY POLICY OFFICE
Ex. Ord. No. 11775, Mar. 26, 1974, 39 F.R. 11415, as amended by
Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, provided:
Executive Order No. 11726 of June 29, 1973, established in the
Executive Office of the President an Energy Policy Office.
Executive Order No. 11748 of December 4, 1973 [set out as a note
under section 754 of this title], established in the Executive
Office of the President a Federal Energy Office. In order to permit
an orderly transition, the Energy Policy Office was continued in
being on an interim basis. That transition has been successfully
completed and the Energy Policy Office should now be abolished.
NOW, THEREFORE, by virtue of the authority vested in me as the
President of the United States of America it is hereby ordered as
follows:
Sec. 1. The Energy Policy Office is hereby abolished and
Executive Order No. 11726 of June 29, 1973, is hereby superseded.
Sec. 2. [Revoked by Ex. Ord. No. 11790, June 25, 1974, 39 F.R.
23185].
Sec. 3. The Administrator of General Services shall take such
steps as may be necessary to wind up the affairs of the Energy
Policy Office, and unobligated funds, if any, that may remain
available to defray the expenses of that Office shall be returned
to the Emergency Fund of the President.
Richard Nixon.
EX. ORD. NO. 11790. EFFECTUATION OF CHAPTER
Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, as amended by
Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12919,
Sec. 904(c), June 3, 1994, 59 F.R. 29534, provided:
Under and by virtue of the authority vested in me by the Federal
Energy Administration Act of 1974 (Public Law 93-275) [this
chapter], the Emergency Petroleum Allocation Act of 1973 (Public
Law 93-159; 87 Stat. 627) [15 U.S.C. Sec. 751 et seq.], the
Economic Stabilization Act of 1970, as amended [formerly 12 U.S.C.
Sec. 1904 note], the Defense Production Act of 1950, as amended (50
U.S.C. App. 2061, et seq.), and section 301 of title 3 of the
United States Code, it is hereby ordered as follows:
Section 1. Pursuant to the authority vested in me by section 30
of the Federal Energy Administration Act of 1974 [set out above],
notice is hereby given that that act shall be effective as of June
27, 1974.
Sec. 2. (a) There is hereby delegated to the Secretary of Energy
(hereinafter referred to as the "Secretary"), all authority vested
in the President by the Emergency Petroleum Allocation Act of 1973
[15 U.S.C. Sec. 751 et seq.].
(b) The Secretary shall submit to the Congress the reports
required by section 4(c)(2) of the Emergency Petroleum Allocation
Act of 1973 [15 U.S.C. Sec. 753(c)(2)].
Sec. 3. (a) There is hereby delegated to the Secretary the
authority vested in the President by section 203(a)(3) of the
Economic Stabilization Act of 1970, as amended [formerly 12 U.S.C.
Sec. 1904 note], to the extent such authority remains available
under the provisions of section 218 of that act [formerly 12 U.S.C.
Sec. 1904 note].
(b) The authority under the Economic Stabilization Act of 1970,
as amended [formerly 12 U.S.C. Sec. 1904 note], that was delegated
to the Administrator of the Federal Energy Office by the Chairman
of the Cost of Living Council pursuant to section 4(b) of Executive
Order No. 11748 of December 4, 1973 [set out as a note under
section 754 of this title], is hereby transferred to the Secretary
to the extent such authority remains available under the provisions
of section 218 of that act [formerly 12 U.S.C. Sec. 1904 note].
Sec. 4. Notwithstanding the provisions of Executive Order No.
12919, as amended [set out as a note under section 2153 of Title
50, Appendix, War and National Defense], the Secretary is
authorized to exercise the authority vested in the President by the
Defense Production Act of 1950, as amended [50 App. U.S.C. Sec.
2061 et seq.], except section 708 thereof [50 App. U.S.C. Sec.
2158], as it relates to the production, conservation, use, control,
distribution, and allocation of energy, without approval,
ratification, or other action of the President or any other
official of the executive branch of the Government.
Sec. 5. (a) The Federal Energy Office established by Executive
Order No. 11748 is hereby abolished, and that Executive order is
hereby revoked.
(b) The authority vested in the Administrator of the Federal
Energy Office to appoint a Deputy Administrator of that Office and
to compensate that officer at the rate prescribed for officers and
positions at level III of the Executive Schedule (5 U.S.C. 5314) is
hereby revoked.
(c) All orders, regulations, circulars, or other directives
issued and all other actions taken pursuant to any authority
delegated or transferred to the Secretary by this order prior to
and in effect on the date of this order are hereby confirmed and
ratified, and shall remain in full force and effect, as if issued
under this order, unless or until altered, amended, or revoked by
the Secretary or by such competent authority as he may specify.
(d) All personnel, property, records, and unexpended balances of
appropriations, allocations, and other funds employed, used, held,
available, or to be made available in connection with functions of
the Administrator of the Federal Energy Office, as Administrator of
that Office or as Chairman of the Oil Policy Committee, are hereby
transferred to the Secretary.
Sec. 6. All authority delegated or transferred to the Secretary
by this order may be further delegated, in whole or in part, by the
Secretary to any other office or any department or agency of the
United States, or, if authorized by law, to any State or officer
thereof.
Secs. 7 to 10. [Deleted.]
EXECUTIVE ORDER NO. 11930
Ex. Ord. No. 11930, July 30, 1976, 41 F.R. 32399, which related
to the establishment of the Federal Energy Office and the
performance by the Office of the energy functions of the Federal
Energy Administration, was revoked by Ex. Ord. No. 11933, Aug. 25,
1976, 41 F.R. 36641, set out below.
EX. ORD. NO. 11933. TERMINATION OF FEDERAL ENERGY OFFICE
Ex. Ord. No. 11933, Aug. 25, 1976, 41 F.R. 36641, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States of America, and as President of the
United States of America, it is hereby ordered as follows:
Section 1. Executive Order No. 11930 of July 30, 1976, which
established the Federal Energy Office, is, consistent with the
Federal Energy Administration Act Amendments of 1976 (Title I of
Public Law 94-385) [for classification, see Short Title of 1976
Amendment note set out above], hereby revoked as of the date of its
issuance.
Sec. 2. All orders, rules, regulations, rulings, interpretations,
and other directives issued or pending, all rule making, judicial
and administrative proceedings commenced or pending, all voluntary
agreements, plans of action, and all other actions of whatever
nature taken, continued, confirmed, ratified or made effective
under Executive Order 11930, shall, in accordance with the Federal
Energy Administration Act Amendments of 1976 [for classification,
see Short Title of 1976 Amendment note set out above], be deemed to
have been actions of the Federal Energy Administration and shall
continue and remain in full force and effect, unless amended or
revoked by the Federal Energy Administration.
Sec. 3. All authority and responsibility vested in the Federal
Energy Administration by Executive order or proclamation prior to
July 31, 1976 was not revoked by Executive Order No. 11930,
subsists in the Federal Energy Administration, and shall be deemed
to have been continuously vested in the Federal Energy
Administration, whose existence has been retroactively extended by
the Federal Energy Administration Act Amendments of 1976 [for
classification, see Short Title of 1976 Amendment note set out
above].
Gerald R. Ford.