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FEDERAL ENERGY ADMINISTRATION
AUTHORIZATION ACT OF 1977

An Act

To amend the Federal Energy Administration Act of 1974 to extend the duration of authorities under such Act, to authorize appropriations for the Federal Energy Administration for the 1978 fiscal year, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "Federal Energy Administration Authorization Act of 1977".

GENERAL AUTHORIZATION OF APPROPRIATIONS

SEC. 2. Section 29 of the Federal Energy Administration Act of 1974 (15 U.S.C. 761 note) is amended to read as follows:

"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 described 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; and

July 21, 1977

[S. 1468]

Federal Energy
Administration
Authorization Act
of 1977.

42 USC 6861, 6881.

42 USC 6291, 6321.

42 USC 6801.

15 USC 787.

Restrictions.

Transfer of funds.

"(B) for the fiscal year ending September 30, 1978, not to exceed $46,908,000.

"(5) to carry out the functions identified as assigned to the Office of Energy Resource Development as of January 1, 1977— "(A) for the fiscal year ending September 30, 1977, not to exceed $16,934,000; and

"(B) for the fiscal year ending September 30, 1978, not to exceed $26,017,000.

"(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.".

ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER

THAN AUTOMOBILES

SEC. 3. (a) Section 339 (c) (2) of the Energy Policy and Conservation Act (42 U.S.C. 6309 (c) (2)) is amended by striking out "$700,000" and inserting in lieu thereof "$2,500,000".

(b) Section 339 (c) (3) of the Energy Policy and Conservation Act (42 U.S.C. 6309 (c) (3)) is amended by striking out "$700,000" and inserting in lieu thereof "$1,800,000".

STRATEGIC PETROLEUM RESERVE

SEC. 4. Section 166 of the Energy Policy and Conservation Act (42 U.S.C. 6246) is amended by striking out "and" at the end of paragraph (1), by striking out the period in paragraph (2) and inserting in lieu thereof "; and", and by adding at the end thereof the following new paragraph:

66

(3) such funds for the fiscal year ending September 30, 1978, not to exceed $1,210,000,000, as are necessary to permit the acquisition and storage of petroleum products in the Strategic Petroleum Reserve, in accordance with the storage schedule set forth in the Strategic Petroleum Reserve Plan then in effect in excess of the minimum volume specified in section 154 (a), but not in excess of 42 USC 6234. 500,000,000 barrels.".

ENERGY CONSERVATION AND RENEWABLE-RESOURCE OBLIGATION

GUARANTEES

SEC. 5. Section 451 (g) of the Energy Conservation and Production Act (42 U.S.C. 6881 (g)) is amended by adding at the end thereof the

following new paragraph:

"(3) There is authorized to be appropriated to carry out the pro- Appropriation visions of this part, including administrative costs, but not for the authorization. payment of amounts to be paid under subsection (f)—

"(A) for the fiscal year ending September 30, 1977, not to exceed $1,836,000; and

"(B) for the fiscal year ending September 30, 1978, not to exceed $4,950,000.”

FEDERAL ENERGY ADMINISTRATION ACT EXTENSION

SEC. 6. The second sentence of section 30 of the Federal Energy Administration Act of 1974 (15 U.S.C. 761 note) is amended to read as follows: "This Act shall terminate September 30, 1978.".

EXTENSION OF COAL CONVERSION AND ALLOCATION AUTHORITY

SEC. 7. Paragraph (1) of section 2(f) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 792(f)(1)) is amended by striking out "shall expire at midnight, June 30, 1977" and inserting in lieu thereof "shall expire at midnight, December 31, 1978".

AUTHORITY AND RESPONSIBILITY OF GENERAL COUNSEL

SEC. 8. Section 7 of the Federal Energy Administration Act of 1974 (15 U.S.C. 766) is amended by adding at the end thereof the following new subsection:

"(1) Effective beginning July 1, 1977, amounts authorized to be appropriated under this Act or any other Act shall not be available for the payment of salaries and other expenses with respect to any office of regional counsel of the Administration unless such office is

Proposed rules. 15 USC 788.

Hearings or meetings.

Information, availability to public.

Consultation.

Guidelines and criteria.

under the direct supervision and control of the General Counsel of the Administration.".

USE OF COMMERCIAL STANDARDS

SEC. 9. Part A of the Federal Energy Administration Act of 1974 (15 U.S.C. 761 et seq.) is amended by adding at the end thereof the following new section:

"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 Attorney 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 stand

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