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15 U.S.C. § 790b — Administrative provisions

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 790b — Administrative provisions

**(a) Compensation of Director** The Director of the Office shall receive compensation at the rate now or hereafter prescribed for offices and positions at level IV of the Executive Schedule as specified in [section 5315 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5315&num=0&edition=prelim). **(b) Authorization of Director to appoint and fix compensation of employees** To carry out the functions of the Office, the Director, on behalf of the Administrator, is authorized to appoint and fix the compensation of such professionally qualified employees as he deems necessary, including up to ten of the employees in grade GS–16, GS–17, or GS–18 authorized by [section 766 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section766&num=0&edition=prelim). **(c) Delegation of functions by the Director** The functions and powers of the Office shall be vested in or delegated to the Director, who may from time to time, and to the extent permitted by law, consistent with the purposes of this chapter, delegate such of his functions as he deems appropriate. Such delegation may be made, upon request, to any officer or agency of the Federal Government. **(d) Access to Director by Congress; requests for appropriations** (1) The Director shall be available to the Congress to provide testimony on such subjects under his authority and responsibility as the Congress may request, including but not limited to energy information and analyses thereof. (2) Any request for appropriations for the Federal Energy Administration submitted to the Congress shall identify the portion of such request intended for the support of the Office, and a statement of the differences, if any, between the amounts requested and the Direct

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Source file: Laws/federal/codes/united-states-code/title-15/section-790b-administrative-provisions--9712aefcb4.md
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Source location: Title 15, Chapter 16B, § 790b; chapter-16b-federal-energy-administration.md

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 790 — Establishment of Office of Energy Information and Analysis

**(a) Director; appointment; qualifications** (1) There is established within the Federal Energy Administration an Office of Energy Information and Analysis (hereinafter in this chapter 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) Delegation of authority by Administrator** 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 796 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section796&num=0&edition=prelim) and [section 772 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section772&num=0&edition=prelim) and the Director may act in the name of the Administrator under [section 797 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section797&num=0&edition=prelim) and [section 772 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section772&num=0&edition=prelim) for the purpose of obtaining enforcement of the authorities delegated to him. **(c) “Energy information” defined** As used in this chapter the term “energy information” shall have the meaning described in [section 796 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section796&num=0&edition=prelim).

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5 U.S.C. § 5315 — Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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5 U.S.C. § 5376 — Pay for certain senior-level positions

**(a)** This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions established under section 3104; but does not apply to— (A) any Senior Executive Service position under section 3132; or (B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. **(b)** (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate. (3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”. (4) No employee may suffer a reduction in pay by reaso

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 766 — Administrative provisions

**(a) Rules, regulations, and procedures; Environmental Protection Agency, notification; quality of environment, publication of comments; emergency preclusion of review by Environmental Protection Agency** 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 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. The review required by paragraphs (1) and (2) of this subsection may be waived for a period of

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15 U.S.C. § 790b — Administrative provisions

Page 1249 TITLE 15—COMMERCE AND TRADE § 790c Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 150 days after Aug. 14, 1976, see sec- tion 143 of Pub. L. 94–385, set out as a note under sec- tion 790 of this title. TRANSFER OF FUNCTIONS Functions assigned to Director of Office of Energy In- formation and Analysis under this subchapter vested in Administrator of Energy Information Administration within Department of Energy by section 7135(c) of Title 42, The Public Health and Welfare. Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of Title 42. § 790b. Administrative provisions (a) Compensation of Director The Director of the Office shall receive com- pensation at the rate now or hereafter pre- scribed for offices and positions at level IV of the Executive Schedule as specified in section 5315 of title 5. (b) Authorization of Director to appoint and fix compensation of employees To carry out the functions of the Office, the Director, on behalf of the Administrator, is au- thorized to appoint and fix the compensation of such professionally qualified employees as he deems necessary, including up to ten of the em- ployees in grade GS–16, GS–17, or GS–18 author- ized by section 766 of this title. (c) Delegation of functions by the Director The functions and powers of the Office shall be vested in or delegated to the Director, who may from time to time, and to the extent permitted by law, consistent with the purposes of this chapter, delegate such of his functions as he deems appropriate. Such delegation may be made, upon request, to any officer or agency of the Federal

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