---
kind: "section"
citation: "42 U.S.C. § 7136"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7136"
heading: "Economic Regulatory Administration; appointment of Administrator; compensation; qualifications; functions"
release: "119-102"
url: "https://uscodex.org/usc/42/7136"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter II — Establishment of Department"
---

# §7136. Economic Regulatory Administration; appointment of Administrator; compensation; qualifications; functions

- (a) There shall be within the Department an Economic Regulatory Administration to be headed by an [Administrator](/usc/42/4005.md?p=1), who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at a rate provided for level IV of the Executive Schedule under [section 5315 of title 5](/usc/5/5315.md). Such [Administrator](/usc/42/4005.md?p=1) shall be, by demonstrated ability, background, [training](/usc/42/285e–2.md?p=b-2), or experience, an individual who is specially qualified to assess fairly the needs and concerns of all interests affected by Federal [energy](/usc/42/6311.md?p=7) policy. The [Secretary](/usc/42/242q–4.md?p=2) shall by rule provide for a separation of regulatory and enforcement functions assigned to, or vested in, the Administration.
- (b) Consistent with the provisions of subchapter IV, the [Secretary](/usc/42/242q–4.md?p=2) shall utilize the Economic Regulatory Administration to administer such functions as he may consider appropriate.

## Source credit

(Pub. L. 95–91, title II, § 206, Aug. 4, 1977, 91 Stat. 574.)