§ 766. Administrative provisions

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Pub. L. 93–275 § 7 · 88 Stat. 96

   Enacted · 15 U.S.C. § 766

   Pub. L. 93–275, § 7, May 7, 1974, 88 Stat. 100

   Source evidence

   Code source credit
   Pub. L. 93–275, § 7, May 7, 1974, 88 Stat. 100

   Enacted provision · exact public law section
   Sec. 7. (a) (1) The Administrator may appoint, employ, and fix Attorneys. 15 USC 766. the compensation of such officers and employees, including attorneys, as are necessary to perform the functions vested in him, and prescribe their authority and duties. In addition to the number of positions which may be placed in GS–16, 17, and 18 under existing law, not to exceed 91 positions may be placed in GS–16, 17, and 18 to carry out the functions under this Act: Provided, That the total number of positions within the Administration in GS–16, 17, 18 shall not exceed 105: And provided further, That, except as provided in paragraph (2) of this subsection, the authority under this subsection shall be subject to the standards and procedures prescribed under Chapter 51 of title 5, United States Code, and shall continue only for the duration of the 5 USC 5101. exercise of functions under this Act. (2) Twenty-five of the GS–16, 17, and 18 positions authorized by paragraph (1) of this subsection may be filled without regard to the provisions of title 5 of the United States Code governing appointments 5 USC 101 et seq. in the competitive service. (b) The Administrator may employ experts, expert witnesses, and Experts and consultants. consultants in accordance with section 3109 of title 5 of the United States Code, and compensate such persons at rates not in excess of the maximum daily rate prescribed for GS–18 under section 5332 of title 5 of the United States Code for persons in Government service employed 5 USC 5332 note. intermittently. (c) The Administrator may promulgate such rules, regulations, and Rules and regulations. procedures as may be necessary to carry out the functions vested in him: Provided, That: (1) The Administrator shall, before promulgating proposed Cost of Living Council, notification. rules, regulations, or policies relating to the cost or price of energy, transmit notice of such proposed action to the Cost of Living Council and provide a period, which shall not be less than five days from the receipt of such notice, for the Cost of Living Council to approve or disapprove such proposed action. If during the period provided, the Cost of Living Council— (A) approves such proposed action, it may take effect; (B) disapproves such proposed action, it shall not take effect; or (C) fails to either approve or disapprove such proposed action, it may take effect in the same manner as if the Cost of Living Council had given its approval. (2) The Administrator shall, before promulgating proposed Comments. rules, regulations, or policies affecting the quality of the environment, provide a period of not less than five days from receipt of notice of the proposed action 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 environment. Such comments shall be Publication. published along with public notice of the proposed action. The review required by paragraphs (1) and (2) of this subsection Review, waiver. may be waived for a period of fourteen days if there is an emergency situation which, in the judgment of the Administrator, requires immediate action. (d) The Administrator may utilize, with their consent, the services, Interagency cooperation. personnel, equipment, and facilities of Federal, State, regional, and local public agencies and instrumentalities, with or without reimbursement therefor, and may transfer funds made available pursuant to this Act, to Federal, State, regional, and local public agencies and instrumentalities, as reimbursement for utilization of such services, personnel, equipment, and facilities. (e) The Administrator shall cause a seal of office to be made for the Seal. Administration of such design as he shall approve, and judicial notice shall be taken of such seal. (f) The Administrator may accept unconditional gifts or donations Gifts, acceptance. of money or property, real, personal, or mixed, tangible or intangible. (g) The Administrator may enter into and perform contracts, Contract authority. leases, cooperative agreements, or other similar transactions with any public agency or instrumentality or with any person, firm, association, corporation, or institution. (h) The Administrator may perform such other activities as may be necessary for the effective fulfillment of his administrative duties and functions. (i) (1) (A) Subject to paragraphs (B), (C), and (D) of this subsection, the provisions of subchapter I I of chapter 5 of title 5, United States Code, shall apply to any rule or regulation, or any order having 5 USC 551. the applicability and effect of a rule as defined in section 551(4) of title 5, United States Code, issued pursuant to this Act, including any such rule, regulation, or order of a State or local government agency, or officer thereof, issued pursuant to authority delegated by the Administrator. (B) Notice of any proposed rule, regulation, or order described in Publication in Federal Register. paragraph (A) shall be given by publication of such proposed rule, regulation, or order in the Federal Register. In each case, a minimum Comments. of ten days following such publication shall be provided for opportunity to comment; except that the requirements of this paragraph as to time of notice and opportunity to comment may be waived where strict compliance is found to cause serious harm or injury to the public health, safety, or welfare, and such finding is set out in detail in such rule, regulation, or order. In addition, public notice of all rules, regulations, Public notice, publication. or orders described in paragraph (A) which are promulgated by officers of a State or local government agency shall to the maximum extent practicable be achieved by publication of such rules, regulations, or orders in a sufficient number of newspapers of statewide circulation calculated to receive widest possible notice. (C) In addition to the requirements of paragraph (B) , if any rule, Views, oral presentation. regulation, or order described in paragraph (A) is likely to have a substantial impact on the Nation’s economy or large numbers of individuals or businesses, an opportunity for oral presentation of views, data, and arguments shall be afforded. To the maximum extent practicable, such opportunity shall be afforded prior to the issuance of such rule, regulation, or order, but in all cases such opportunity shall be afforded no later than forty-five days after the issuance of any such rule, regulation, or order. A transcript shall be kept of any oral presentation. (D) Any officer or agency authorized to issue the rules, regulations, or orders described in paragraph (A) shall provide for the making of such adjustments, consistent with the other purposes of this Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens and shall, by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, rescission of, exception to, or exemption from, such rules, regulations, and orders. If such person is aggrieved or adversely affected by the denial of a request for such action under the preceding Review. sentence, he may request a review of such denial by the officer or agency and may obtain judicial review in accordance with paragraph (2) of this subsection when such denial becomes final. The officer or agency Hearing. shall, by rule, establish appropriate procedures, including a hearing where deemed advisable by the officer or agency, for considering such requests for action under this paragraph. (E) In addition to the requirements of section 552 of title 5, United Public information. States Code, any agency authorized to issue the rules, regulations, or orders described in paragraph (A) shall make available to the public all internal rules and guidelines which may form the basis, in whole or in part, for any such rule, regulation, or order with such modifications as are necessary to insure confidentiality protected under such section 552. Such agency shall, upon written request of a petitioner filed after any grant or denial of a request for exception or exemption from rules or orders, furnish the petitioner with a written opinion setting forth applicable facts and the legal basis in support of such grant or denial. Such opinions shall be made available to the petitioner and the public within thirty days of such request, with such modifications as are necessary to insure confidentiality of information protected under such section 552. (2) (A) Judicial review of administrative rulemaking of general and Judicial review. national applicability done under this Act, except that done pursuant to the Emergency Petroleum Allocation Act of 1973, may be obtained 15 USC 751 note. only by filing a petition for review in the United States Court of Appeals for the District of Columbia within thirty days from the date of promulgation of any such rule, regulation, or order, and judicial review of administrative rulemaking of general, but less than national, applicability done under this Act, except that done pursuant to the Emergency Petroleum Allocation Act of 1973, may be obtained only by filing a petition for review in the United States Court of Appeals for the appropriate circuit within thirty days from the date of promulgation of any such rule, regulation, or order, the appropriate circuit being defined as the circuit which contains the area or the greater part of the area within which the rule, regulation, or order is to have effect. (B) Notwithstanding the amount in controversy, the district courts Jurisdiction. of the United States shall have exclusive original jurisdiction of all other cases or controversies arising under this Act, or under rules, regulations, or orders issued thereunder, except any actions taken to implement or enforce any rule, regulation, or order by any officer of a State or local government agency under this Act: Provided, That nothing in this section affects the power of any court of competent jurisdiction to consider, hear, and determine in any proceeding before it any issue raised by way of defense (other than a defense based on the unconstitutionality of this Act or the validity of action taken by any agency under this Act). If in any such proceeding an issue by way of defense is raised based on the unconstitutionality of this Act or the validity of agency action under this Act, the case shall be subject to removal by either party to a district court of the United States in accordance with the applicable provisions of chapter 89 of title 28, United States Code. 28 USC 1441. Cases or controversies arising under any rule, regulation, or order of any officer of a State or local government agency may be heard in either (1) any appropriate State court, or (2) without regard to the amount in controversy, the district courts of the United States. (3) The Administrator may by rule prescribe procedures for State or local government agencies authorized by the Administrator to carry out functions under this Act. Such procedures shall apply to such agencies in lieu of paragraph (1) of this subsection, and shall require that prior to taking any action, such agencies shall take steps reasonably calculated to provide notice to persons who may be affected by the action, and shall afford an opportunity for presentation of views (including oral presentation of views where practicable) at least ten days before taking the action. (j) The Administration, in connection with the exercise of the authority under this Act, shall be considered an independent Federal regulatory agency for the purposes of sections 3502 and 3512 of title 44 of the United States Code.

2. 1976

   Energy Conservation and Production Act

   Pub. L. 94–385 § 103 · 90 Stat. 1125

   Struck · 15 U.S.C. § 766(c)

   Pub. L. 94–385, § 103, struck out provisions relating to review of rules, regulations and procedures by the Cost of Living Council and redistributed remaining provisions as pars. (1) and (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–385, § 103, struck out provisions relating to review of rules, regulations and procedures by the Cost of Living Council and redistributed remaining provisions as pars. (1) and (2).

   Enacted provision · exact public law section
   Sec. 103. environmental protection agency comment period and notice of waiver Paragraphs (1) and (2) of section 7(c) of the Federal Energy Administration Act of 1974 are amended to read as follows: 15 USC 766. Rules and regulations. “(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 environment. Such comments shall be published together with publication of notice of the proposed action. “(2) The review required by paragraph (1) of this subsection may be waived for a period of fourteen days if there is an emergency situation which, in the judgment of the Administrator, requires making effective the action proposed to be taken at a date earlier than would permit the Administrator of the Environmental Protection Agency the five working days opportunity for prior comment required by paragraph (1). Notice of any such waiver shall be given to the Administrator of the Environmental Protection Agency and filed with the Federal Register with the publication of notice of proposed or final agency action and shall include an explanation of the reasons for such waiver, together with supporting data and a description of the factual situation in such detail as the Administrator determines will apprise such agency and the public of the reasons for such waiver.”.

3. 1976

   Energy Conservation and Production Act

   Pub. L. 94–385 § 104 · 90 Stat. 1125

   Inserted · 15 U.S.C. § 766(i)(1)(D)

   Pub. L. 94–385, § 104, inserted provisions which require any officer or agency authorized to issue rules, regulations or orders to establish criteria and guidelines for evaluation of special hardship situations, to include in every decision the standards applied in the disposition of such situations, and requiring the hearing upon request of the aggrieved party to be heard by an officer other than the one denying the adjustment

   Source evidence

   Code amendment note
   Subsec. (i)(1)(D). Pub. L. 94–385, § 104, inserted provisions which require any officer or agency authorized to issue rules, regulations or orders to establish criteria and guidelines for evaluation of special hardship situations, to include in every decision the standards applied in the disposition of such situations, and requiring the hearing upon request of the aggrieved party to be heard by an officer other than the one denying the adjustment.

   Enacted provision · exact public law section
   Sec. 104. guidelines for hardship and inequity and hearing at appeals Section 7(i) (1) (D) of the Federal Energy Administration 15 USC 766. Rules and regulations. Act of 1974 is amended to read as follows: “(D) Any officer or agency authorized to issue the rules, regulations, or orders described in paragraph (A) shall provide for the making of such adjustments, consistent with the other purposes of this Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens and shall, by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, rescission of, exception to, or exemption from, such rules, regulations, and orders. Such officer or agency shall, within ninety days after the date of the enactment of the Federal Energy 15 USC 761 note. Administration Act Amendments of 1976, establish criteria and guidelines by which such special hardship, inequity, or unfair distribution of burdens shall be evaluated. Such officer or agency shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any Review. such application or petition. If any person is aggrieved or adversely affected by a denial of a request for adjustment under the preceding sentences, he may request a review of such denial by the agency and may obtain judicial review in accordance with paragraph (2) of this subsection when such a denial becomes final. The agency shall, by rule, establish appropriate procedures, including a hearing when requested, for review of a denial, and where deemed advisable by the agency, for considering other requests for action under this paragraph, except that no review of a denial under this subparagraph shall be controlled by the same officer denying the adjustment pursuant to this subparagraph.”.

4. 1976

   Energy Conservation and Production Act

   Pub. L. 94–385 § 105 · 90 Stat. 1125

   Added · 15 U.S.C. § 766(i)(1)(F)

   Pub. L. 94–385, § 105, added subpar. (F)

   Source evidence

   Code amendment note
   Subsec. (i)(1)(F). Pub. L. 94–385, § 105, added subpar. (F).

   Enacted provision · exact public law section
   Sec. 105. requirements for hearing in the geographic area affected by rules and regulations of the administrator Section 7(i) (1) is amended by adding after subparagraph (E) the following new subparagraph: “(F) (i) With respect to any rule or regulation of the Administrator the effects of which, except for indirect effects of an inconsequential nature, are confined to— “(I) a single unit of local government or the residents thereof; “(II) a single geographic area within a State or the residents thereof; or “(III) a single State or the residents thereof; the Administrator shall, in any case where he is required by law, or where he determines, to afford’ an opportunity for a hearing or the oral presentation of views, provide procedures for the holding of such hearing or oral presentation within the boundaries of the unit of local government, geographic area, or State described in subclauses (I) through (III), as the case may be. “(ii) For purposes of this subparagraph— “(I) the term ‘unit of local government’ means a county, municipality, town, township, village, or other unit of general government below the State level; and “(II) the term ‘geographic area within a State’ means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government. “(iii) Nothing in this subparagraph shall be construed as requiring a hearing or an oral presentation of views where none is required by law or, in the absence of such a requirement, where the Administrator determines a hearing or oral presentation is not appropriate.”.

5. 1976

   Energy Conservation and Production Act

   Pub. L. 94–385 § 106 · 90 Stat. 1125

   Added · 15 U.S.C. § 766(k)

   Pub. L. 94–385, § 106, added subsec. (k)

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 94–385, § 106, added subsec. (k).

   Enacted provision · exact public law section
   Sec. 106. limitation on the administrator’s authority with respect to enforcement of regulations and rulings Section 7 of the Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following: 15 USC 766. “(k) The Administrator or his delegate may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a remedial order against any person whose sole petroleum industry operation relates to the marketing of petroleum products, for tiny violation of any rule or regulation if— “(1) such civil action or order is based upon a retroactive application of such rule or regulation or is based upon a retroactive interpretation of such rule or regulation; and “(2) such person relied in good faith upon rules, regulations, or rulings interpreting such rules or regulations, in effect on the date of the violation.”.

6. 1977

   Federal Energy Administration Authorization Act of 1977

   Pub. L. 95–70 § 8 · 91 Stat. 275

   Added · 15 U.S.C. § 766(l)

   Pub. L. 95–70 added subsec. (l)

   Source evidence

   Code amendment note
   Subsec. (l). Pub. L. 95–70 added subsec. (l).

   Enacted provision · exact public law section
   Sec. 8. authority and responsibility of general counsel 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: “(l) 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 under the direct supervision and control of the General Counsel of the Administration.”.

7. 1977

   Department of Energy Organization Act

   Pub. L. 95–91 § 709(a)(2)(A) · 91 Stat. 565

   1. Struck · 15 U.S.C. § 766(a)

      Pub. L. 95–91, § 709(a)(2)(A), struck out subsec. (a) provisions: for appointment, employment, and compensation of officers and employees; for prescription of their authority and duties; for placement of specified number of positions in GS–16, 17, and 18 and making competitive service provisions inapplicable to a limited number of such positions; and making classification standards and procedures applicable to the authority provided for in this section and for duration of such authority;

   2. Redesignated · 15 U.S.C. § 766(a)

      Pub. L. 95–91, § 709(a)(2)(A), redesignated subsec. (c) as (a)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–91, § 709(a)(2)(A), struck out subsec. (a) provisions: for appointment, employment, and compensation of officers and employees; for prescription of their authority and duties; for placement of specified number of positions in GS–16, 17, and 18 and making competitive service provisions inapplicable to a limited number of such positions; and making classification standards and procedures applicable to the authority provided for in this section and for duration of such authority; and redesignated subsec. (c) as (a).

   Enacted provision · exact public law section
   (A) by striking out subsections (a) and (b) and redesignating subsection (c) as subsection (a);

8. 1977

   Department of Energy Organization Act

   Pub. L. 95–91 § 709(a)(2)(A) · 91 Stat. 565

   1. Struck · 15 U.S.C. § 766(b)

      Pub. L. 95–91, § 709(a)(2)(A), (C)–(E), struck out subsec. (b) provisions respecting employment and compensation of experts and consultants

   2. Redesignated · 15 U.S.C. § 766(b)

      Pub. L. 95–91, § 709(a)(2)(A), (C)–(E), redesignated subsec. (i)(1)(D) as (b)

   3. Substituted · 15 U.S.C. § 766(b)

      Pub. L. 95–91, § 709(a)(2)(A), (C)–(E), substituted therein “any rule or regulation, or any order having the applicability and effect of a rule as defined in section 551(4) of title 5 pursuant to this chapter” for “the rules, regulations, or orders described in paragraph (A)”

   4. Substituted · 15 U.S.C. § 766(b)

      Pub. L. 95–91, § 709(a)(2)(A), (C)–(E), substituted therein “subsection (c)” for “paragraph (2) of this subsection”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–91, § 709(a)(2)(A), (C)–(E), struck out subsec. (b) provisions respecting employment and compensation of experts and consultants, redesignated subsec. (i)(1)(D) as (b), and substituted therein “any rule or regulation, or any order having the applicability and effect of a rule as defined in section 551(4) of title 5 pursuant to this chapter” for “the rules, regulations, or orders described in paragraph (A)” and “subsection (c)” for “paragraph (2) of this subsection”.

   Enacted provision · exact public law section
   (A) by striking out subsections (a) and (b) and redesignating subsection (c) as subsection (a);

9. 1977

   Department of Energy Organization Act

   Pub. L. 95–91 § 709(a)(2)(F) · 91 Stat. 565

   Redesignated · 15 U.S.C. § 766(c)

   Pub. L. 95–91, § 709(a)(2)(F), redesignated subsec. (i)(2)(A) as (c). Former subsec. (c) redesignated (a)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–91, § 709(a)(2)(F), redesignated subsec. (i)(2)(A) as (c). Former subsec. (c) redesignated (a).

   Enacted provision · exact public law section
   (F) by redesignating paragraph (2) (A) of subsection (i) section (c) and by striking out subparagraph (B) of subsection (i) (2); and

10. 1977

    Department of Energy Organization Act

    Pub. L. 95–91 § 709(a)(2)(B) · 91 Stat. 565

    Struck · 15 U.S.C. § 766(d)(h)

    Pub. L. 95–91, § 709(a)(2)(B), struck out subsecs. (d) to (h) relating to: interagency cooperation and reimbursement; seal and judicial notice; acceptance of gifts; contract authority; and performance of other necessary activities

    Source evidence

    Code amendment note
    Subsecs. (d) to (h). Pub. L. 95–91, § 709(a)(2)(B), struck out subsecs. (d) to (h) relating to: interagency cooperation and reimbursement; seal and judicial notice; acceptance of gifts; contract authority; and performance of other necessary activities.

    Enacted provision · exact public law section
    (B) by striking cut subsections (d), (e). (f), (g),and (h);

11. 1977

    Department of Energy Organization Act

    Pub. L. 95–91 § 709(a)(2)(C) · 91 Stat. 565

    Struck · 15 U.S.C. § 766(i)(1)(A)(C)

    Pub. L. 95–91, § 709(a)(2)(C), struck out subpar. (A) to (C) provisions relating to: application of subch. II of ch. 5 of title 5 to rules, regulations, or orders issued under this chapter; publication of notice of proposed rules, regulations, or orders in the Federal Register and opportunity for comment and waiver of the requirements when warranted by considerations of public health, safety, or welfare; and opportunity for oral presentation of views, data, and arguments where rules, regulations, or orders are likely to have a substantial impact on the Nation’s economy or large numbers of individuals or businesses

    Source evidence

    Code amendment note
    Subsec. (i)(1)(A) to (C). Pub. L. 95–91, § 709(a)(2)(C), struck out subpar. (A) to (C) provisions relating to: application of subch. II of ch. 5 of title 5 to rules, regulations, or orders issued under this chapter; publication of notice of proposed rules, regulations, or orders in the Federal Register and opportunity for comment and waiver of the requirements when warranted by considerations of public health, safety, or welfare; and opportunity for oral presentation of views, data, and arguments where rules, regulations, or orders are likely to have a substantial impact on the Nation’s economy or large numbers of individuals or businesses.

    Enacted provision · exact public law section
    (C) by striking out “(i) (1)” and by striking out subparagraphs (A), (B), (C), (E), and (F) of subsection (i) (1) and redesignating subparagraph (D) of such subsection as subsection (b);

12. 1977

    Department of Energy Organization Act

    Pub. L. 95–91 § 709(a)(2)(C) · 91 Stat. 565

    Redesignated · 15 U.S.C. § 766(i)(1)(D)

    Pub. L. 95–91, § 709(a)(2)(C), redesignated subpar. (D) as subsec. (b)

    Source evidence

    Code amendment note
    Subsec. (i)(1)(D). Pub. L. 95–91, § 709(a)(2)(C), redesignated subpar. (D) as subsec. (b).

    Enacted provision · exact public law section
    (C) by striking out “(i) (1)” and by striking out subparagraphs (A), (B), (C), (E), and (F) of subsection (i) (1) and redesignating subparagraph (D) of such subsection as subsection (b);

13. 1977

    Department of Energy Organization Act

    Pub. L. 95–91 § 709(a)(2)(C) · 91 Stat. 565

    Struck · 15 U.S.C. § 766(i)(E); 15 U.S.C. § 766(i)(F)

    Pub. L. 95–91, § 709(a)(2)(C), struck out provisions of subpars. (E) and (F) providing for public availability of internal rules and guidelines of the agency forming a basis for rules, regulations, or orders and agency opinions respecting determinations of requests for exception or exemption from rules or orders; and procedures for holding hearings or oral presentation of views with respect to rules or regulations the effects of which are confined to a single unit of local government or the residents thereof, a single geographic area within a State or the residents thereof, or a single State or the residents thereof

    Source evidence

    Code amendment note
    Subsec. (i)(E), (F). Pub. L. 95–91, § 709(a)(2)(C), struck out provisions of subpars. (E) and (F) providing for public availability of internal rules and guidelines of the agency forming a basis for rules, regulations, or orders and agency opinions respecting determinations of requests for exception or exemption from rules or orders; and procedures for holding hearings or oral presentation of views with respect to rules or regulations the effects of which are confined to a single unit of local government or the residents thereof, a single geographic area within a State or the residents thereof, or a single State or the residents thereof.

    Enacted provision · exact public law section
    (C) by striking out “(i) (1)” and by striking out subparagraphs (A), (B), (C), (E), and (F) of subsection (i) (1) and redesignating subparagraph (D) of such subsection as subsection (b);

14. 1977

    Department of Energy Organization Act

    Pub. L. 95–91 § 709(a)(2)(F) · 91 Stat. 565

    Redesignated · 15 U.S.C. § 766(i)(2)(A)

    Pub. L. 95–91, § 709(a)(2)(F), redesignated subpar. (A) as subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (i)(2)(A). Pub. L. 95–91, § 709(a)(2)(F), redesignated subpar. (A) as subsec. (c).

    Enacted provision · exact public law section
    (F) by redesignating paragraph (2) (A) of subsection (i) section (c) and by striking out subparagraph (B) of subsection (i) (2); and

15. 1977

    Department of Energy Organization Act

    Pub. L. 95–91 § 709(a)(2)(F) · 91 Stat. 565

    Struck · 15 U.S.C. § 766(i)(2)(B); 15 U.S.C. § 766(i)(2)(3)

    Pub. L. 95–91, § 709(a)(2)(F), (G), struck out par. (2)(B) provisions relating to jurisdiction of federal district courts, power of courts of competent jurisdiction to consider defenses, removal of cases raising constitutional defenses, and concurrent jurisdiction of cases or controversies arising under rules, regulations, or orders of State or local government agencies; and par. (3) provisions relating to procedures for State or local government agencies

    Source evidence

    Code amendment note
    Subsec. (i)(2)(B), (3). Pub. L. 95–91, § 709(a)(2)(F), (G), struck out par. (2)(B) provisions relating to jurisdiction of federal district courts, power of courts of competent jurisdiction to consider defenses, removal of cases raising constitutional defenses, and concurrent jurisdiction of cases or controversies arising under rules, regulations, or orders of State or local government agencies; and par. (3) provisions relating to procedures for State or local government agencies.

    Enacted provision · exact public law section
    (F) by redesignating paragraph (2) (A) of subsection (i) section (c) and by striking out subparagraph (B) of subsection (i) (2); and

16. 1977

    Department of Energy Organization Act

    Pub. L. 95–91 § 709(a)(2)(G) · 91 Stat. 565

    Struck · 15 U.S.C. § 766(j); 15 U.S.C. § 766(k)

    Pub. L. 95–91, § 709(a)(2)(G), struck out subsecs. (j) and (k) relating to information for independent regulatory agencies and limitation on enforcement authority of the Administrator

    Source evidence

    Code amendment note
    Subsecs. (j), (k). Pub. L. 95–91, § 709(a)(2)(G), struck out subsecs. (j) and (k) relating to information for independent regulatory agencies and limitation on enforcement authority of the Administrator.

    Enacted provision · exact public law section
    (G) by striking out paragraph (3) of subsection (i) and by striking out subsections (j) and (k);

20 of 20 references resolved to an enrolled provision