§777 — Title 15 Commerce and Trade | U.S. Code

Summary

The Administrator must check and think about the likely economic effects of proposed rules and other actions whenever possible. The review must cover nine broad areas, including the fiscal health of State and local governments, key industries, jobs at national and local levels, regional economies, consumer prices and availability, gross national product, low- and middle-income families (as the Bureau of Labor Statistics defines them), competition, and small businesses. The Administrator must also make studies of how conservation steps would affect States or big parts of the economy, looking at energy used as fuel and energy used as industrial feedstock. Other federal, State, and local agencies should be consulted and must cooperate, and the studies do not create new rights to sue beyond existing law. The Administrator and the Secretaries of Labor and Commerce must track effects on the economy and jobs and send Congress an annual report with recommendations. Actions must not unfairly favor any industry or region and should spread energy shortage costs as evenly as possible.

Title 15, §777

Commerce and Trade — Source: USLM XML via OLRC

(a)In carrying out the provisions of this chapter, the Administrator shall, to the greatest extent practicable, insure that the potential economic impacts of proposed regulatory and other actions are evaluated and considered, including but not limited to an analysis of the effect of such actions on—

(1)the fiscal integrity of State and local governments;

(2)vital industrial sectors of the economy;

(3)employment, by industrial and trade sectors, as well as on a national, regional, State, and local basis;

(4)the economic vitality of regional, State, and local areas;

(5)the availability and price of consumer goods and services;

(6)the gross national product;

(7)low and middle income families as defined by the Bureau of Labor Statistics;

(8)competition in all sectors of industry; and

(9)small business.

(b)The Administrator shall develop analyses of the economic impact of various conservation measures on States or significant sectors thereof, considering the impact on both energy for fuel and energy as feed stock for industry.

(c)Such analyses shall, wherever possible, be made explicit, and to the extent possible, other Federal agencies and agencies of State and local governments which have special knowledge and expertise relevant to the impact of proposed regulatory or other actions shall be consulted in making the analyses and all Federal agencies are authorized and directed to cooperate with the Administrator in preparing such analyses: Provided, That the Administrator’s actions pursuant to this section shall not create any right of review or cause of action except as would otherwise exist under other provisions of law.

(d)The Administrator, together with the Secretaries of Labor and Commerce, shall monitor the economic impact of any energy actions taken by the Administrator, and shall provide the Congress with an annual report on the impact of the energy shortage and the Administrator’s actions on employment and the economy. Such report shall contain recommendations as to whether additional Federal programs of employment and economic assistance should be put into effect to minimize the impact of the energy shortage and any actions taken.

(e)The Administrator shall formulate and implement regulatory and other actions in a manner (1) which does not unduly discriminate against any industry or any region of the United States; and (2) designed to insure that, to the greatest extent possible, the costs and burdens of meeting energy shortages shall be borne equally by every sector and segment of the country and of the economy.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1976—Subsec. (d). Pub. L. 94–385 substituted “an annual report” for “a report every six months”.

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (d) of this section relating to providing an annual report to Congress on the impact of the energy shortage and the Administrator’s actions on employment and the economy, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 84 of House Document No. 103–7.

Transfer of Functions

Federal Energy Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by section 7151(a) and 7293 of Title 42, The Public Health and Welfare.

§777 Economic Analysis of Proposed Actions