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1 (b) No funds authorized to be appropriated pursuant to 2 this Act may be expended to apply standards for the granting 3 of adjustments to prevent hardship, inequity, or unfair distri4 bution of burdens under the Emergency Petroleum Allocation 5 Act of 1973, including any exemption or exception from any 6 rule or regulation of the Department of Energy prescribed 7 thereunder which discriminate between

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(1) the treatment of management or administrative expenses of publicly held corporations, and

(2) the treatment of reasonable expenses for compensation for personal services actually performed for management or administration paid by any privately held corporation, unincorporated association, partnership, or sole proprietorship to any shareholder of such corporation, member of such association, partner of such partnership, or such sole proprietor, respectively, or any family member of any of the foregoing.

18 TITLE II-AMENDMENTS TO ENERGY CONSERVATION AND PRODUCTION ACT AND CER

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TAIN OTHER ENERGY-RELATED ACTS

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TRANSFER OF FUNCTIONS RELATING TO COMPETITION

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AND CONSUMER AFFAIRS

SEC. 201. (a) The Energy Conservation and Production

24 Act (15 U.S.C. 761, et seq.) is amended by adding at the end 25 thereof the following new title:

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"TITLE V-OFFICE OF COMPETITION AND

CONSUMER AFFAIRS

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"OFFICE OF COMPETITION AND CONSUMER AFFAIRS

"SEC. 501. (a) There shall be within the Department of 5 Energy an Office of Competition and Consumer Affairs (here6 inafter in this section referred to as the 'Office') to be headed 7 by a Director, who shall be appointed by the President, by 8 and with the advice and consent of the Senate, and who shall 9 be compensated at the rate provided for level IV of the Ex10 ecutive Schedule under section 5315 of title 5, United States 11 Code. The Director shall be a person who, by demonstrated 12 ability, background, training, or experience, is specially quali13 fied to assess energy policies as they relate to competition in 14 the energy industry and the needs and concerns of competi15 tion and consumers.

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"(b) There is hereby transferred to and vested in the 17 Office the functions assigned to Assistant Secretaries under 18 section 203(a)(7) of the Department of Energy Organization 19 Act (as in effect before the date of the enactment of this title). 20 Such functions include

"(1) advising and making recommendations to the Secretary of Energy relating to the promotion of competition in the energy industry and the protection of

the consuming public in the energy policymaking proc

ess of the Department of Energy and in the formula

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tion and analysis of policies, rules, regulations, proce

dures, and legislation relating to, or affecting, competition and consumer affairs, and

"(2) monitoring the programs and activities of the Department of Energy in order to advise the Secretary of Energy relating to the impact of such programs and activities on competition and consumers and making recommendations, consistent with other policies of the

Department of Energy, for reasonably avoiding or mitigating any adverse effects.

11 On the request of the Federal Energy Regulatory Commis12 sion, the Director may advise the Federal Energy Regula13 tory Commission on matters relating to, or affecting, compe14 tition or consumers.".

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(b) Section 203(a) of the Department of Energy Organi16 zation Act (42 U.S.C. 7133(a)) is amended by striking out 17 paragraph (7) and by redesignating paragraphs (8) through 18 (11) as paragraphs (7) through (10), respectively.

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(c) The table of contents for the Energy Conservation 20 and Production Act is amended by adding at the end thereof

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(d) Section, 5315 of title 5, United States Code, is

2 amended by adding at the end of such section the following

3 new paragraph:

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"(134) Director, Office of Competition and Con

sumer Affairs, Department of Energy.".

AMENDMENTS TO DEPARTMENT OF ENERGY

ORGANIZATION ACT

SEC. 202. (a)(1) Section 205(g) of the Department of 9 Energy Organization Act (42 U.S.C. 7135(g)) is amended by 10 striking out the period at the end thereof and inserting in lieu 11 thereof: "; and, notwithstanding any other provision of law, 12 the provisions of such section 11(d) shall apply with respect 13 to any information obtained by the Administrator under any 14 provision of law (other than under such section 17). In apply15 ing such section 11(d) for such purposes, if any information is 16 disclosed to any agency under paragraph (2) of such section 17 11(d), then any determination under section 11(d) of confi18 dentiality by the Secretary (as well as the provisions of sec19 tion 1905 of title 18, United States Code) shall apply with 20 respect to any subsequent disclosure by such agency, other 21 than a disclosure of such information in connection with a 22 proceeding in which such agency is a party and such disclo23 sure is determined by the head of such agency to be essential 24 to the effective participation of such agency in that 25 proceeding.".

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(2) Section 205 of such Act (42 U.S.C. 7135) is

2 amended

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(A) in paragraph (1) of subsection (h) thereof, by striking out "(A)" and by striking out subparagraph (B), and

(B) by adding at the end of such section the following new subsection:

"(i) In acquiring or collecting information under this 9 section, the Administrator shall

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"(1) utilize, to the maximum extent practicable, consistent with the faithful execution of his responsibilities under this Act, or under any other law, reliable statistical sampling techniques; and

"(2) otherwise give priority to the minimization of the reporting of energy information by small

business.".

(b)(1) Section 402(f) of such Act (42 U.S.C. 7172(f)) is 18 amended by adding at the end thereof the following new sen19 tence: "The preceding sentence does not apply with respect 20 to functions transferred to the Commission under subsection 21 (a) which relate to the rates and charges for the transmission 22 and sale of electric energy or for the transportation and sale 23 of natural gas, other than the function of determining the 24 price at the point of importation or exportation.".