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B-178205(2) 1 (1974-06-13)

handle is hein.gao/gaobaafpk0001 and id is 1 raw text is: .o 91 , 62. DIGEST - NO CIRCULATION - p \ 405 COMPTROLLER GENERAL OF THE U WASHINGTON. D.C. 20548 7- C FNITED STATES 4jy,3q z I, r a(..j t-n -lot L ru.'t- X. I I i I >14 I 1' t.25 1 JUN 13 1974 5' V 1- I U I I I I I This ia in response to your recent requoet for an oinion aa go the legality of actions tRsa by the Federal Enrgy Off ice (10) to prt p3 tillo&' worth ofgasolinae rationin. coUOj (The actual aaouat involved, we have bean inforwtd, ia astiz-ted to he $,l0SO,500.) IM095B34 7 C You suggest that if the Praoident does not have tha authortty wider present la-v to ratioa g vsolne, he does not have the authority to print gas rationing coupons. 'e would agree that thE ?reidet's athority to ration coraodities for civilLan end twe i! far fromt cloar, LA view of the fact that the rzoraeavy Energy Act (. 2589) Vas vetoad. thre is such authority in exceptIonal cases uder t. Dafense Pro- Cgtion Act (UPA) of 1950, as aictnded, 5' US.C. App. 2671(5).t4rovsLng c rtaia findings are made by nho President to the effect that the ccandity to be controlled is scarce and critcsd to the national dafomse and that the need cannot be met without s1slocazion of the Dormal dietribution of such material n the civili n *a krhc . o'- In te int, at case, no such findtngs were uade, although they ni-,ht nosaiblv ive beon justified had the Arab oil ebargo not bean lifted. The SPA Ites not require the existence of a Jural state of war. £u.?oer. -, do Lot asree that the ab-ence of authorlty to ration na-ceisarIly a--cns that t-ore is no authorIty to prepare for ratioain;, should that authority te tferrwd at a latar date. According to information raceived fre the F9O, in the Fall of 1973, I t Vas proJectiag a doeerste f el shortfall of spnrorinataly 3 Tilon ktral. a eay for thn first quarter of l974, prDmarily a a result ot U0 Arab embargo, Althiouh the President and otier r !ni.trntton spokes- t*zi repeatedly stated that gasoline raionlang should onily bo a l.st ottly also gad, as diJd the Preoidcat in his iwtionAwds rdi. tddrasa of January 13, Your Gnveraten. has a rersponsibiity to prepare 1,r the worst, so we shall be ready to ration gas if necesaar.2 At Y rat, wh en A&nistratloa winLesses avaared before both 2ou-; &Uci tnate ApproprLat Ions 3ubeo rittees hich ,ere considering a auppleaental VProprauon for Salarles anad ezpanses for tha Oflice -of Oil and Gas, BEST DOCUMiENT AVMOB V , jro nonorabte Harold V. Froahlth e of Reprenentativee Dar.r Froabitch:

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