125 



hereby revoked. The functions of the Chairman of the Oil 

 Policy Committee are hereby transferred to the Admin- 

 istrator. 



(d) Section 10 of Proclamation No. 3279. as amended 

 [set out' as a note under section 1862 of Title 19), Is 

 hereby amended by inserting after "Cost of Living Coun- 

 cil" the following "or the Federal Energy Administra- 

 tion, 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 bal- 

 ances of appropriations, allocations, and other funds em- 

 ployed, used. held, available, or to be made available, In 

 connection with the functions transferred to the Admin- 

 istrator by this order or by the Federal Energy Adminis- 

 tration Act of 1974 (this chapter] 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 (section 754(a)(1)(B) of this title), 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 

 (this chapter] specified in section 1 of this order. 



Richard Nixon. 



§762. Establishment. 



There is hereby estabhshed an independent agency 

 in the executive branch to be known as the Federal 

 Energy Administration (hereinafter in this chapter 

 referred to as the "Administration") . (Pub. L. 93-275, 

 § 3. May 7, 1974, 88 Stat. 97.) 



Effective and Termination Dates 



Section effective sixty days after May 7, 1974, or sooner 

 under Presidential notice published in Federal Register, 

 and terminating June 30, 1976, see section 30 of Pub. L. 

 93-275, set out as a note under section 761 of this title. 



§763. Officers. 



(a) Administrator; appointment and compensation; 

 supervision and direction of Administration. 



There shall be at the head of the Administration 

 an Administrator ( hereinafter in this chapter refer- 

 red to as the "Administrator"), who shall be ap- 

 pointed by the President, by and with the advice and 

 consent of the Senate. The Administrator shall re- 

 ceive compensation at the rate prescribed for ofRces 

 and positions at level II of the Executive Schedule 

 (section 5313 of Title 5) . The Administration shall be 

 administered under the supervision and direction 

 of the Administrator. 



(b) Functions of Administrator; delegation of func- 

 tions. 



(1) The functions and powers of the Administra- 

 tion shall be vested In and exercised by the 

 Administrator. 



(2) The Administrator 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. 



(c) Deputy Administrators; number; appointment and 

 compensation. 



There shall be in the Administration two Deputy 

 Administrators, who shall be appointed by the Presi- 

 dent, by and with the advice and consent of the 

 Senate, and who shall receive compensation at the 

 rate prescribed for ofRces and positions at level III 

 of the Executive Schedule (section 5314 of Title 5). 



(d) Assistant Administrators; number; appointment 

 and compensation. 



There are authorized to be in the Administration 

 six Assistant Administrators, who shall bs appointed 

 by the President, by and with the advice and consent 

 of the Senate, and who shall receive compensa- 

 tion at the rate prescribed for offices and positions 

 at level IV of the Executive Schedule (section 5315 of 

 Titles). 



(e) General Counsel; appointment and compensation. 



There shall be in the Administration a General 

 Counsel, who shall be appointed by the President, by 

 and with the advice and consent of the Senate, and 

 who shall receive compensation at the rate pre- 

 scribed for offices and positions at level TV of the 

 Executive Schedule (section 5315 of Title 5) . 



(f) Additional officers; number; appointment and com- 

 » pensation; certain program assignments; competi- 

 tive service provisions inapplicable. 



(1) There are authorized to be in the Administra- 

 tion not more than nine additional officers who shall 

 be appointed by the Administrator and shall receive 

 compensation at the rate prescribed for offices and 

 positions at level V of the Executive Schedule (sec- 

 tion 5316 of Title 5). 



(2) If any person, other than an officer within 

 subsections (c), (d), or (e) of this section, is to be 

 assigned principal responsibility for any program 

 that shall be instituted in the Administration for 

 either (i) allocation, (ii) pricing, (iii) rationing (if 

 effected), or (Iv) Federal and State coordination, 

 he Shan be one of the officers authorized by para- 

 graph (1) of this subsection except that he shall be 

 appointed by the President by and with the advice 

 and consent of the Senate. 



(3) Appointments to the positions described in 

 this subsection may be made without regard to the 

 provisions of Title 5 governing appointments in the 

 competitive service. 



(r) Functions of officers. 



Subject to subsection (f) of this section, officers 

 appointed pursuant to this section shall perform such 

 functions as the Administrator shall specify from 

 time to time. 



(h) Order of succession. 



The Administrator shall designate the order in 

 W'hich the Deputy Administrators and other officials 

 shall act for and perform the functions of the Ad- 

 ministrator during his absence or disability or In 

 the event of a vacancy in his office. 



