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Text of the Department of Energy Reorganization Act of 2012

This bill was introduced on July 19, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 19, 2012 (Introduced).

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Source: GPO

II

112th CONGRESS

2d Session

S. 3404

IN THE SENATE OF THE UNITED STATES

July 19, 2012

(for himself and Mr. Vitter) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To establish within the Department of Energy an Office of Federal Energy Production, and for other purposes.

1.

Short title

This Act may be cited as the Department of Energy Reorganization Act of 2012.

2.

Findings

Congress finds that—

(1)

Americans are paying an ever-increasing amount to meet basic energy needs;

(2)

a consolidation of energy-production functions within a single agency would contribute to greater strategic energy policy coherence;

(3)

the mission of the Department of Energy is an obligation to ensure the energy security and prosperity of the United States;

(4)

the Department of Energy is the primary Federal source for energy data and forecasting at the Energy Information Administration;

(5)

the Energy Information Administration can best account for national energy needs both now and in the future;

(6)

fossil-fuel production on Federal land decreased by 14 percent in 2011 and is anticipated to continue declining into the foreseeable future under the stewardship of the Secretary of the Interior;

(7)

the Secretary of the Interior continues to restrict access to domestic energy;

(8)

the Department of the Interior is oriented more toward conservation and managing Federal land than providing for the future energy needs of the United States; and

(9)

the Secretary of the Interior continues to pursue land management and resource development decisions that hamper economic growth and fail to meet the energy needs of the United States.

3.

Definitions

In this Act:

(a)

Department

The term Department means the Department of Energy.

(b)

Secretary

The term Secretary means the Secretary of Energy.

4.

Office of Federal Energy Production

(a)

Establishment

There shall be within the Department an Office of Federal Energy Production.

(b)

Director

The Office of Federal Energy Production shall be headed by a Director, who shall be appointed by the Secretary.

(c)

Transfer of functions

There are transferred to, and vested in, the Director of the Office of Federal Energy Production all of the functions provided by law (as of the date of enactment of this Act) to—

(1)

the Director of the Bureau of Ocean Energy Management;

(2)

the Director of the Bureau of Safety and Environmental Enforcement; and

(3)

the Director of the Bureau of Land Management of the Department of the Interior with respect to oil and gas development and renewable energy production.

5.

Bureau of Safety and Environmental Enforcement

(a)

Establishment

There shall be within the Department a Bureau of Safety and Environmental Enforcement.

(b)

Director

The Bureau of Safety and Environmental Enforcement shall be headed by a Director, who shall be appointed by the Secretary.

(c)

Transfer of functions

There are transferred to, and vested in, the Director of the Bureau of Safety and Environmental Enforcement all of the functions provided by law (including regulations), as of the date of enactment of this Act, to the Director of the Bureau of Safety and Environmental Enforcement of the Department of the Interior.

6.

Bureau of Ocean Energy Management

(a)

Establishment

There shall be within the Department a Bureau of Ocean Energy Management.

(b)

Director

The Bureau of Ocean Energy Management shall be headed by a Director, who shall be appointed by the Secretary.

(c)

Transfer of functions

Except as otherwise provided in this title, there are transferred to, and vested in, the Director of the Bureau of Ocean Energy Management all of the functions provided by law (as of the date of enactment of this Act) to the Director of the Bureau of Ocean Energy Management of the Department of the Interior.

7.

Certification of 5-year leasing plan

Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following:

(i)

Certification by Secretary of Energy

(1)

In general

The Secretary of Energy shall certify that the program prepared under subsection (a) will best meet national energy needs for the 5-year period following the approval or reapproval of the program.

(2)

Modification or rejection

(A)

In general

The Secretary of Energy may modify or reject any program prepared under subsection (a).

(B)

Oil from foreign sources other than Canada or Mexico

If the Secretary of Energy, in consultation with the Energy Information Administration, determines that the United States will require more than 1,000,000 barrels of oil per day for the next fiscal year from foreign sources other than Canada and Mexico, the Secretary shall amend the program prepared under subsection (a) to include additional lease sales in additional areas.

(j)

Public comment by private entities

(1)

In general

The procedures described in subsection (f)(2) shall include a 30-day period for public notice and participation, once annually, for private entities to provide the Secretary with a notice of interest to lease and produce oil in any area not prohibited by a moratorium.

(2)

Modification

If the Secretary receives a notice of interest under paragraph (1), the Secretary shall modify the plan prepared under subsection (a) for the next year to include a lease sale in each area specified in the notice of interest.

.

8.

Shale leases and permits; publicly available data

Section 21 of the Mineral Leasing Act (30 U.S.C. 241) is amended by adding at the end the following:

(e)

Financing for Research

In addition to any funds made available to the Secretary of the Interior to carry out this subsection for each fiscal year, of the funds made available to the Secretary of Energy for each fiscal year, there is authorized to be appropriated such sums as are necessary to carry out this subsection for each fiscal year.

(f)

Publicly available data

The Secretary of Energy shall post on the main page of the public Internet website of the Department of Energy the revenue and production data resulting from the leases under subsection (a).

.

9.

Exemption of the Department of Energy from the Equal Access to Justice Act

Sections 504 of title 5 and 2412 of title 28, United States Code, shall not apply to the Department of Energy.

10.

Transfer and allocations of appropriations and personnel

(a)

In general

Except as otherwise provided in this Act, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions transferred by this Act, subject to section 1531 of title 31, United States Code, are transferred to the Secretary for appropriate allocation.

(b)

Use of unexpended funds

Unexpended funds transferred under subsection (a) shall only be used for the purposes for which the funds were originally authorized and appropriated.

(c)

Specific positions

Positions expressly specified by statute or reorganization plan to carry out functions transferred by this Act, personnel occupying those positions and personnel authorized to receive compensation in those positions at the rate prescribed for offices and positions at level I, II, III, IV, or V of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, on the effective date of this Act, shall be subject to section 3103 of that title.

11.

Effect on personnel

(a)

In general

Except as otherwise provided in this Act or by the Secretary, the transfer under this Act of full-time personnel (except special Government employees) and part-time personnel holding permanent positions under this Act shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of enactment of this Act.

(b)

Compensation

Any person who, on the effective date of this Act, holds a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding the appointment shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of service in the new position.

(c)

Reemployment rights

(1)

In general

An employee transferred to the Department who holds reemployment rights acquired under any provision of law (including regulations) may exercise those rights only during the latter of—

(A)

the 120-day period beginning on the effective date of this Act; or

(B)

the 2-year period beginning on the date on which the employee acquired the reemployment rights.

(2)

Requirement

Reemployment rights may only be exercised at the request of the employee.

12.

Agency terminations

(a)

In general

Except as otherwise provided in this Act, whenever all of the functions vested by law in any agency, commission, or other body, or any component of an agency, commission, or other body, have been terminated or transferred from that agency, commission, or other body, or component by this Act, the agency, commission, or other body, or component, shall terminate.

(b)

Termination of positions and offices

If an agency, commission, or other body, or any component of an agency, commission, or other body, terminates under subsection (a), each position and office within the agency, commission, or other body, or component, that was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level II, III, IV, or V of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, shall terminate.

13.

Incidental transfers

The Director of the Office of Management and Budget, in consultation with the Secretary, shall make such determinations as may be necessary with regard to the transfer of functions that relate to or are used by an agency, commission or other body, or component of an agency, commission, or other body, affected by this Act, to make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with the functions transferred by this Act, as the Director considers necessary to accomplish the purposes of this Act.

14.

Savings provisions

(a)

Orders To remain in effect

(1)

In general

All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges described in paragraph (2) shall continue in effect according to their respective terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized officials, a court of competent jurisdiction, or by operation of law.

(2)

Specification

Paragraph (1) applies to all orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges that—

(A)

have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency, official of a Federal department or agency, or by a court of competent jurisdiction, in the performance of functions that are transferred under this Act to the Department after the date of enactment of this Act; and

(B)

are in effect on the date on which this Act takes effect.

(b)

Pending proceedings

(1)

In general

This Act shall not affect any proceeding or any application for any license, permit, certificate, or financial assistance pending before any department, agency, commission, or component of a department, agency, or commission, functions of which are transferred by this Act on the effective date of this Act.

(2)

Continuation

(A)

In general

To the extent that the proceedings and applications described in paragraph (1) relate to functions transferred by this Act—

(i)

the proceedings and applications shall be continued; and

(ii)

orders shall be issued, appeals shall be taken, and payments shall be made under the orders, as if this Act had not been enacted.

(B)

Effect

Orders issued in any proceeding continued under this paragraph shall continue in effect until modified, terminated, superseded, or revoked by—

(i)

a duly authorized official;

(ii)

a court of competent jurisdiction; or

(iii)

operation of law.

(C)

Discontinuance or modification

Nothing in this subsection prohibits the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and conditions and to the same extent that the proceeding could have been discontinued or modified if this Act had not been enacted.

(3)

Regulations

The Secretary may promulgate regulations providing for the orderly transfer of proceedings described in paragraph (1) to the Department.

(c)

Pending suits

(1)

In general

Except as provided in paragraph (3)—

(A)

this Act shall not affect suits commenced prior to the effective date of this Act; and

(B)

in all suits described in subparagraph (A), proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted.

(2)

Suits by and against officers in official capacity and departments and agencies

(A)

Offices

No suit, action, or other proceeding commenced by or against any officer in the official capacity of the officer as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act.

(B)

Departments and agencies

No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer of a department or agency in the official capacity of the officer, shall abate by reason of the enactment of this Act.

(3)

Transfer

If, before the effective date of this Act, any department or agency, or officer of a department or agency in the official capacity of the officer, is a party to a suit, and under this Act any function of the department, agency, or officer is transferred to the Secretary or any other official, then the suit shall be continued with the Secretary or other official, as applicable, substituted.

15.

Reference

With respect to any functions transferred by this Act and exercised after the effective date of this Act, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary or other official or component of the Department in which this Act vests those functions.

16.

Presidential authority

Nothing in this Act limits, curtails, abolishes, or terminates—

(1)

any function of, or authority available to, the President that the President had immediately before the effective date of this Act; or

(2)

the authority of the President to delegate, redelegate, or terminate any delegation of functions.

17.

Transition

With the consent of the appropriate department or agency head, the Secretary may use the services of the officers, employees, and other personnel of the departments and agencies from which functions have been transferred to the Secretary for such period of time as may reasonably be needed to facilitate the orderly transfer of functions under this Act.