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 information, where available, and any independent investigation necessary by the Administration. The Administrator shall, on or before the expiration of the one hundred and eighty day period following the effective date of this Act, report to the Congress in sufficient detail so as to apprise the Congress as to the extent and forms of such foreign ownership of, influence on, and control of domestic energy sources and supplies, and shall thereafter continue to monitor such ownership, influence and control.

[15 U.S.C. 785]

SEPARABILITY

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 circumstances, shall not be affected thereby.

[15 U.S.C. 761 note]

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 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 and part D of title IV of the Energy Conservation and Production Act, parts B and C of title III of the Energy Policy and Conservation Act and, for the fiscal year ending September 30, 1977, functions de

scribed in title II 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.

(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, 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, 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.

[15 U.S.C. 761 note]

PROJECT INDEPENDENCE EVALUATION SYSTEM DOCUMENTATION AND ACCESS

SEC. 31. The Administrator of the Federal Energy Administration shall

(1) submit to the Congress, not later than September 1, 1976, full and complete structural and parametric documentation, and not later than January 1, 1977, operating documentation, of the Project Independence Evaluation System computer model;

(2) provide access to such model to representatives of committees of the Congress in an expeditious manner; and

(3) permit the use of such model on the computer system maintained by the Federal Energy Administration by any member of the public upon such reasonable terms and conditions as the Administrator shall, by rule, prescribe. Such rules shall provide that any member of the public who uses such model may be charged a fair and reasonable fee, as determined by the Administrator, for using such model.

[15 U.S.C. 787]

USE OF 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 Administrator, such organization complied with the requirements of subsection (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 At

torney General and the Chairman of the Federal Trade Commission concerning 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 criteria 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 standards. 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 allowed 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, requirements, or standard shall be considered to be the same as the promulgation of such standard.

[15 U.S.C. 788]

ORGANIZATIONAL CONFLICTS

SEC. 33. (a) The Administrator shall, by rule, require any person proposing to enter 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 services, 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 objective assistance or advice in light of other activities or relationships with other persons, or

(2) being given an unfair competitive advantage.

1

P

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 information 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 (2) such conflict has been avoided after appropriate conditions have been included in such contract, agreement, or arrangement; except that if he determines that such conflict of interest exists and that such conflict of interest cannot be avoided by including appropriate 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 conditions in such contract, agreement, or arrangement to mitigate such conflict.

(c) The Administrator shall publish rules for the implementation of this section, in accordance with section 533 of title 5, United States Code (without regard to subsection (a)(2) thereof) as soon as practicable after the date of the enactment of this section, but in no event later than 120 days after such date.

[15 U.S.C. 789]

PART B-OFFICE OF ENERGY INFORMATION AND ANALYSIS ESTABLISHMENT OF OFFICE OF ENERGY INFORMATION AND ANALYSIS

SEC. 51. (a)(1) There is established within the Federal Energy Administration an Office of Energy Information and Analysis (hereinafter in this Act referred to as the "Office") which shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) The Director shall be a person who, by reason of professional background and experience, is specially qualified to manage an energy information system.

(b) The Administrator shall delegate (which delegation may be on a nonexclusive basis as the Administrator may determine may be necessary to assure the faithful execution of his authorities and responsibilities under law) the authority vested in him under section 11 of the Energy Supply and Environmental Coordination Act of 1974 and section 13 of this Act and the Director may act in the name of the Administrator under section 12 of the Energy Supply and Environmental Coordination Act of 1974 and section 13 of this Act for the purpose of obtaining enforcement of the authorities delegated to him.

(c) As used in this Act the term "energy information" shall have the meaning described in section 11 of the Energy Supply and Environmental Coordination Act of 1974.

[15 U.S.C. 790]