Executive Order 11790—Providing for the Effectuation of the Federal Energy Administration Act of 1974

Under and by virtue of the authority vested in me by the Federal Energy Administration Act of 1974 (Public Law 93-275), the Emergency Petroleum Allocation Act of 1973 (Public Law 93-159; 87 Stat. 627), the Economic Stabilization Act of 1970, as amended, 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, notice is hereby given that that act shall be effective as of June 27, 1974.

SEC. 2 (a) There is hereby delegated to the Administrator of the Federal Energy Administration (hereinafter referred to as the "Administrator"), all authority vested in the President by the Emergency Petroleum Allocation Act of 1973.

(b) The Administrator shall submit to the Congress the reports required by section 4 (c) (2) of the Emergency Petroleum Allocation Act of 1973.

SEC. 3 (a) There is hereby delegated to the Administrator the authority vested in the President by section 203 (a) (3) of the Economic Stabilization Act of 1970, as amended, to the extent such authority remains available under the provisions of section 218 of that act.

(b) The authority under the Economic Stabilization Act of 1970, as amended, 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, is hereby transferred to the Administrator to the extent such authority remains available under the provisions of section 218 of that act.

SEC. 4. Notwithstanding the provisions of Executive Order No. 10480, as amended, the Administrator is authorized to exercise the authority vested in the President by the Defense Production Act of 1950, as amended, except section 708 thereof, 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 HI 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 Administrator 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 Administrator 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 Administrator.

SEC. 6. All authority delegated or transferred to the Administrator by this order may be further delegated, in whole or in part, by the Administrator to any other office or any department or agency of the United States, or, if authorized by law, to any State or officer thereof.

SEC. 7 (a) Proclamation No. 3279, as amended, is hereby amended by striking "Secretary of the Interior" and "Secretary" wherever it appears in that Proclamation and inserting in lieu thereof "Administrator of the Federal Energy Administration."

(b) The Appeals Board established by the Secretary of the Interior pursuant to section 5 (a) of Proclamation No. 3279, as amended, is hereby continued until such time as the Administrator shall otherwise direct. The Administrator, at his pleasure, may designate a representative of the Federal Energy Administration to be a member of the Appeals Board in place of the representative of the Department of the Interior specified in the last sentence of section 5 (a) of that proclamation.

(c) The Oil Policy Committee is hereby abolished and sections 7, 8, and 9 of Proclamation No. 3279, as amended, are hereby revoked. The functions of the Chairman of the Oil Policy Committee are hereby transferred to the Administrator.

(d) Section 10 of Proclamation No. 3279, as amended, is hereby amended by inserting after "Cost of Living Council" the following "or the Federal Energy Administration, as the case may be,".

(e) Section 2 of Executive Order No. 11775 of March 26, 1974, is hereby revoked.

SEC. 8. Except as provided in section 5 (d), so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available, in connection with the functions transferred to the Administrator by this order or by the Federal Energy Administration Act of 1974 as the Director of the Office of Management and Budget shall determine shall be transferred at such time or times as the Director shall direct for use in connection with the functions so transferred.

SEC. 9. Nothing in this order shall be deemed to affect rights to reemployment under the provisions of section 5 (a) (1) (B) of the Emergency Petroleum Allocation Act of 1973, or section 212(g) of the Economic Stabilization Act of 1970, as amended.

SEC. 10. The provisions of sections 2 through 9 of this order shall be effective as of June 27, 1974, the effective date of the Federal Energy Administration Act of 1974 specified in section 1 of this order.

RICHARD NIXON

The White House,

June 25, 1974.