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FEDERAL ENERGY ADMINISTRATION ACT OF 1974
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 management of such functions.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
PART A-FEDERAL ENERGY ADMINISTRATION
SECTION 1. This Act may be cited as the "Federal Energy Administration Act of 1974".
[15 U.S.C. 761 note]
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 Administration.
(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 functions authorized by other laws, where such transfer is necessary on an interim basis to deal with the Nation's energy shortages.
[15 U.S.C. 761]
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 U.S.C. 762]
FUNCTIONS AND PURPOSES OF THE FEDERAL ENERGY ADMINISTRATION
SEC. 5. (a) Subject to the provisions and procedures set forth in this Act, the Administrator shall be responsible for such actions as are 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 relation 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 production shortages;
(5) promote stability in energy prices to the consumer, promote free and open competition in all aspects of the energy field, prevent 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 voluntary and mandatory energy conservation programs and promote efficiencies in the use of energy resources;
(8) develop and 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, for equitable allocation of all component costs of producing propane gas. Such rules may require that (a) only those costs directly related to the production of propane may be allo
cated 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 movement of propane gas where, in the opinion of the Administrator, 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
(c)(1) The Administrator shall not exercise the discretion delegated to him by the President, pursuant to section 5(b) of the Emergency Petroleum Allocation Act of 1973, to submit to the Congress as one energy action any amendment to the regulation under section 4(a) of such Act, pursuant to section 12 of such Act, which amendment exempts any oil, refined petroleum product, or refined product category from both the allocation and pricing provisions of the regulation under section 4 of such Act.
(2) Nothing in this subsection shall prevent the Administrator from concurrently submitting an energy action relating to price together with an energy action relating to allocation of the same oil, refined petroleum product, or refined product category.
[15 U.S.C. 764]
SEC. 6. (a) There are hereby transferred to and vested in the Admininstrator 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 Conseration;
(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. [15 U.S.C. 765]
SEC. 7. (a) 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 affecting the quality of the environment, provide a period of not less than five working days during which the Administrator of the Environmental Protection Agency may provide written comments concerning the impact of such rules, regulations, or policies on the quality of the