skip to main content

S. 826 (95th): Department of Energy Organization Act

The text of the bill below is as of Aug 4, 1977 (Passed Congress).


PUBLIC LAW 95-91—AUG. 4, 1977                                                       91 STAT. 565

Public Law 95-91
95th Congress
                                            An Act
To establish a Department of Energy in the executive branch by the reorganiza-                             Aug. 4, IV / /
  tion of energy functions within the Federal Government in order to secure                                  [S. 826]
  effective management to assure a coordinated national energy policy, and for
  other purposes.

   Be it enacted hy the Senate and House of Representatives                                      of the
United States of America                    in Congress assembled,                T h a t this Act may    Department of
b e c i t e d a s t h e " D e p a r t m e n t of E n e r g y O r g a n i z a t i o n A c t " .            Energy
                                                                                                          Organization Act.
                                   TABLE OF CONTENTS                                                      42 USC 7101
Sec. 2.    Definitions.                                                                                   note.
           TITLE I—DECLARATION OF FINDINGS AND PURPOSES
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Relationship with States.                                  us
              TITLE II—ESTABLISHMENT OF THE DEPARTMENT
Sec.   201.   Establishment.
Sec.   202.   Principal officers.
Sec.   203.   Assistant Secretaries.
Sec.   204.   Federal Energy Regulatory Commission.
Sec.   205.   Energy Information Administration.
Sec.   206.   Economic Regulatory Administration.
Sec.   207.   Comptroller General functions.
Sec.   208.   Office of Inspector General.
Sec.   209.   Office of Energy Research.
Sec.   210.   Leasing Liaison Committee.
                      TITLE III—TRANSFERS OF FUNCTIONS
Sec.   301.   General transfers.
Sec.   302.   Transfers from the Department of the Interior.
Sec.   303.   Administration of leasing transfers.
Sec.   304.   Transfers from the Department of Housing and Urban Development.
Sec.   305.   Coordination with the Department of Transportation.
Sec.   306.   Transfer from the Interstate Commerce Commission.
Sec.   307.   Transfers from the Department of the Navy.
Sec.   308.   Transfers from the Department of Commerce.
Sec.   309.   Naval reactor and military application programs.
Sec.   310.   Transfer to the Department of Transportation.
          TITLE IV—FEDERAL ENERGY REGULATORY COMMISSION
Sec.   401.   Appointment and administration.
Sec.   402.   Jurisdiction of the Commission.
Sec.   403.   Initiation of rulemaking proceedings before Commission.
Sec.   404.   Referral of other rulemaking proceedings to Commission.
Sec.   405.   Right of Secretary to intervene in Commission procedures.
Sec.   406.   Reorganization.
Sec.   407.   Access to information.
 TITLE V—ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW
Sec.   501.   Procedures.
Sec.   502.   Judicial review.
Sec.   503.   Remedial orders.
Sec.   504.   Requests for adjustments.
Sec.   505.   Review and effect.

91 STAT. 566 PUBLIC LAW 95-91—AUG. 4, 1977 TABLE OF CONTENTS—Continued TITLE VI—ADMINISTRATIVE PROVISIONS PART A—CONFLICT OF INTEREST PBOVISIONS - Sec. 601. Definitions. See. 602. Divestiture of energy holdings by supervisory oflBcials. Sec. 603. Disclosure of energy assets. Sec. 604. Report on prior employment. Sec. 605. Postemployment prohibitions and reporting requirements. Sec. 606. Participation prohibitions. Sec. 607. Procedures applicable to reports. , ,. Sec. 608. Sanctions. ' ' PART B—PERSONNEL PROVISIONS i»-' Sec. 621. OflScers and employees. Sec. 622. Senior positions. ' Sec. 623. Experts and consultants. Sec. 624. Advisory committees. Sec. 625. Armed services personnel. PART C—GENERAL ADMINISTRATIVE PROVISIONS Sec. 641. General authority. Sec. 642. Delegation. Sec. 643. Reorganization. Sec. 644. Rules. Sec, 645. Subpena. Sec. 646. Contracts. Sec. 647. Acquisition and maintenance of property. Sec. 648. Facilities construction. Sec. 649. Use of facilities. Sec. 650. Field offices. Sec. 651. Copyrights. Sec. 652. Gifts and bequests. Sec. 653. Capital fund. Sec. 654. Seal of Department. Sec. 655. Regional energy advisory boards. Sec. 656. Designation of conservation officers. See. 657. Annual report. Sec. 658. Leasing report. Sec. 659. Transfer of funds. Sec. 660. Authorization of appropriations. ' TITLE VII—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS Sec. 701. Transfer and allocations of appropriations and personnel. Sec. 702. Effect on personnel. See. 703. Agency terminations. Sec. 704. Incidental transfers. * See. 705. Savings provisions. Sec. 706. Separability. Sec. 707. References. Sec. 708. Presidential authority. Sec. 709. Amendments. See. 710. Administrative amendments. See. 711. Transition. Sec. 712. Civil Service Commission report. Sec. 713. Environmental impact statements. TITLE VIII—ENERGY PLANNING Sec. 801. National energy policy plan. See. 802. Congressional review. TITLE IX—EFFECTIVE DATE AND INTERIM APPOINTMENTS Sec. 901. Effective date. Sec. 902. Interim appointments. TITLE X—SUNSET PROVISIONS See. 1001. Submission of comprehensive review. Sec. 1002. Contents of review.
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 567 DEFINITIONS SEC. 2. (a) As used in this Act, unless otherwise provided or indi- 42 USC 7101. cated by the context, the term the "Department" means the Depart- ment of Energy or any component thereof, including the Federal Energy Regulatory Commission. (b) As used in tliis Act (1) reference to "function" includes refer- ence to any duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be; and (2) reference to "perform", when used in relation to functions, includes the undertaking, fulfillment, or execution of any duty or obligation; and the exercise of power, authority, rights, and privileges. (c) As used in this Act, "Federal lease" means an agreement which, for any consideration, including but not limited to, bonuses, rents, or royalties conferred and covenants to be observed, authorizes a person to explore for, or develop, or produce (or to do any or all of these) oil and gas, coal, oil shale, tar sands, and geothermal resources on lands or interests in lands under Federal jurisdiction. T I T L E I—DECLARATION OF FINDINGS AND PURPOSES FINDINGS SEC. 101. The Congress of the United States finds that— 42 USC 7111. (1) the United States faces an increasing shortage of nonre- newable energy resources; (2) this energy shortage and our increasing dependence on foreign energy supplies present a serious threat to the national security of the United States and to the health, safety and wel- fare of its citizens ; (3) a strong national energy program is needed to meet the present and future energy needs of the Nation consistent with overall national economic, environmental and social goals; (4) responsibility for energy policy, regulation, and research, development and demonstration is fragmented in many depart- ments and agencies and thus does not allow for the comprehensive, centralized focus necessary for effective coordination of energy supply and conservation programs; and (5) formulation and implementation of a national energy pro- gram require the integration of major Federal energy functions into a single depaitment in the executive branch. PURPOSES SEC. 102. The Congress therefore declares that the establishment 42 USC 7112. of a Department of Energy is in the public interest and will promote the general welfare by assuring coordinated and effective administra- tion of Federal energy policy and programs. It is the purpose of this Act— (1) to establish a Department of Energy in the executive branch; (2) to achieve, throusfh the Department, effective management of energy functions of the Federal Government, including con- sultation with the heads of other Federal departments and agencies in order to encourage them to establish and observe polic'es con- sistent with a coordinated energy policy, and to promote maximum possible energy conservation measures in connection with the activities within their respective jurisdictions;
91 STAT. 568 PUBLIC LAW 95-91—AUG. 4, 1977 (3) to provide for a mechanism through which a coordinated national energy policy can be formulated and implemented to ' deal with the short-, mid- and long-term energy problems of the N a t i o n ; and to develop plans and programs for dealing with domestic energy production and import shortages; (4) to create and implement a comprehensive energy conserva- tion strategy t h a t will receive the highest priority in the national energy p r o g r a m ; (5) to carry out the planning, coordination, support, and man- agement of a balanced and comprehensive energy research and development program, including— (A) assessing the requirements for energy research and development; ( B ) developing priorities necessary to meet those requirements; (C) undertaking programs for the optimal development ; of the various forms of energy production.and conservation; and ( D ) disseminating information resulting from such pro- ., (! grams, including disseminating information on the commer- cial feasibility and use of energy from fossil, nuclear, solar, geothermal, and other energy technologies; (6) to place major emphasis on the development and commer- cial use of solar, geothermal, recycling and other technologies utilizing renewable energy resources; (7) to continue and improve the effectiveness and objectivity of a central energy data collection and analysis program within the D e p a r t m e n t ; (8) to facilitate establishment of an effective strategy for dis- tributing and allocating fuels in periods of short supply and to provide for the administration of a national energy supply reserve; (9) to promote the interests of consumers through the provision of an adequate and reliable supply of energy at the lowest reason- able cost; (10) to establish and implement through the Department, in coordination with the Secretaries of State, Treasury, and Defense, policies regarding international energy issues t h a t have a direct impact on research, development, utilization, supply, and conser- vation of energy in the United States and to undertake activities involving the integration of domestic and foreign policy relating to energy, including provision of independent technical advice to the President on international negotiations involving energy resources, energy technologies, or nuclear weapons issues, except • ' t h a t the Secretary of State shall continue to exercise p r i m a r y authority for the conduct of foreign policy relating to energy and nuclear nonproliferation. pursuant to policy guidelines estab- lished by the P r e s i d e n t ; (11) to provide for the cooperation of Federal, State, and local governments in the development and implementation of national energy policies and p r o g r a m s ; (12) to foster and assure competition among parties engaged in the supply of energy and fuels; (13) to assure incorporation of national environmental pro- tection goals in the formulation and implementation of energy programs, and to advance the goals of restoring, protecting, and enhancing environmental quality, and assuring public health and safety;
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 569 (14) to assure, to the maximum extent practicable, that the productive capacity of private enterprise shall be utilized in the development and achievement of the policies and purposes of this Act; (15) to provide for, encourage, and assist public participation in the development and enforcement of national energy programs; (16) to create an awareness of, and responsibility for, the fuel and energy needs of rural and urban residents as such needs pertain to home heating and cooling, transportation, agricultural production, electrical generation, conservation, and research and development; (17) to foster insofar as possible the continued good health of the Nation's small business firms, public utility districts, munici- pal utilities, and private cooperatives involved in energy produc- tion, transportation, research, development, demonstration, marketing, and merchandising; and (18) to provide for the administration of the functions of the Energy Research and Development Administration related to nu- clear weapons and national security which are transferred to the Department by this Act. *^ RELATIONSHIP W I T H STATES SEC. 103. Whenever any proposed action by the Department conflicts 42 use 7113. with the energy plan of any State, the Department shall give due consideration to the needs of such State, and where practicable, shall attempt to resolve such conflict through consultations with appro- priate State officials. Nothing in this Act shall aifect the authority of any State over matters exclusively within its jurisdiction. TITLE 11—ESTABLISHMENT OF THE DEPARTMENT ESTABLISHMENT SEC. 201. There is hereby established at the seat of government an 42 USC 7131. executive department to be known as the Department of Energy. There shall be at the head of the Department a Secretary of Energy Secretary of (hereinafter in this Act referred to as the "Secretary"), who shall be Energy, appointed by the President by and with the advice and consent of the appointment and Senate. The Department shall be administered, in accordance with the confirmation. l)rovisions of this Act, under the supervision and direction of the Secretary. 1 PRINCIPAL OFFICERS SEC. 202. (a) There shall be in the Department a Deputy Secretary, Deputy who shall be appointed by the President, by and with the advice and Secretary, consent of tlie Senate, and who shall be compensated at the rate pro- appointment and vided for level I I of the Executive Schedule under section 5813 of title confirmation. 42 USC 7132. 5, United States Code. The Deputy Secretary shall act for and exercise the functions of the Secretary during the absence or disability of the Secretary or in the event the office of Secretary becomes vacant. The Secretary shall designate the order in which the Under Secretary and other officials shall act for and perfoi-m the functions of the Secretary during the absence or disability of both the Secretary and Deputy Secretary or in the event of vacancies in both of those offices. (b) There shall be in the Department an Under Secretary and a Under Secretary General Counsel, who shall be appointed by the President, by and with ^"d General the advice and consent of the Senate, and who shall perform such Counsel, appointment and confirmation.
91 STAT. 570 PUBLIC LAW 95-91—AUG. 4, 1977 functions and duties as the Secretar}'' shall prescribe. The Under Secre- tary shall bear primary responsibility for energy conservation. The Under Secretary shall be compensated at the rate provided for level I I I of the Executive Schedule under section 5314 of title 5, United States Code, and the General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. ASSISTANT SECRETARIES Appointment and SEC. 203. (a) There shall be in the Department eight Assistant Sec- confirmation. retaries, each of whom shall be appointed by the President, by and 42 use 7133. with the advice and consent of the Senate; who shall be compensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5, United States Code; and who shall perform, in accordance with applicable law, such of the functions transferred or delegated to, or vested in, the Secretary as he shall prescribe in Functions. accordance with the provisions of this Act. The functions which the Secretary shall assign to the Assistant Secretaries include, but are not limited to, the following: (1) Energy resource applications, including functions dealing with management of all forms of energy production and utiliza- tion, including fuel supply, electric power supply, enriched ura- nium production, energy technology programs, and the manage- ment of energy resource leasing procedures on Federal lands. (2) Energy research and development functions, including the responsibility for policy and management of research and devel- opment for all aspects of— (A) solar energy resources; (B) geothermal energy resources; r : i (C) recycling energy resources; (D) the fuel cycle for fossil energy resources; and (E) the fuel cycle for nuclear energy resources. (3) Environmental responsibilities and functions, including advising the Secretary with respect to the conformance of the Department's activities to environmental protection laws and principles, and conducting a comprehensive program of research and development on the environmental effects of energy tech- nologies and programs. (4) International programs and international policy functions, including those functions which assist in carrying out the inter- national energy purposes described in section 102 of this Act. (5) National security functions, including those transferred to the Department from the Energy Research and Development Administration which relate to management and implementation of the nuclear weapons program and other national security func- tions involving nuclear weapons research and development. (6) Intergovernmental policies and relations, including respon- sibilities for assuring that national energy policies are reflective of and responsible to the needs of State and local governments, and for assuring that other components of the Department coordi- nate their activities with State and local governments, where appropriate, and develop intergovernmental communications with State and local governments. (7) Competition and consumer affairs, including responsibilities for the promotion of competition in the energy industry and for the protection of the consuming public in the energy policymaking
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 571 processes, and assisting the Secretary in the formulation and analysis of policies, rules, and regulations relating to competition and consumer affairs. (8) Nuclear waste management responsibilities, including— (A) the establishment of control over existing Government facilities for the treatment and storage of nuclear wastes, including all containers, casks, buildings, vehicles, equipment, ' and all other materials associated with such facilities; (B) the establishment of control over all existing nuclear waste in the possession or control of the Government and all commercial nuclear waste presently stored on other than the site of a licensed nuclear power electric generating facility, except that nothing in this paragraph shall alter or effect title to such waste; (C) the establishment of temporary and permanent facili- ties for storage, management, and ultimate disposal of nuclear wastes; (D) the establishment of facilities for the treatment of nuclear wastes; (E) the establishment of programs for the treatment, man- agement, storage, and disposal of nuclear wastes; (F) the establishment of fees or user charges for nuclear waste treatment or storage facilities, including fees to be charged Government agencies; and (G) the promulgation of such rules and regulations to implement the authority described in this paragraph, except that nothing in this section shall be construed as granting to the Department regulatory functions presently within the Nuclear Regulatory Commission, or any additional functions than those already conferred by law. (9) Energy conservation functions, including the development of comprehensive energy conservation strategies for the Nation, the planning and implementation of major research and demon- stration programs for the development of technologies and processes to reduce total energy consumption, the administration of voluntary and mandatory energy conservation programs, and the dissemination to the public of all available information on energy conservation programs and measures. (10) Power marketing functions, including responsibility for marketing and transmission of Federal power. (11) Public and congressional relations functions, including responsibilities for providing a continuing liaison between the Department and the Congress and the Department and the public. (b) At the time the name of any individual is submitted for con- Responsibilities, firmation to the position of Assistant Secretary, the President shall identification. identify with particularity the function or functions described in sub- section (a) (or any portion thereof) for which such individual will be responsible. '^ ' FEDERAL ENERGY REGULATORY COMMISSION SEC. 204. There shall be within the Department, a Federal Energy 42 USC 7134. Regulatory Commission established by title IV of this Act (here- inafter referred to in this Act as the "Commission"). The Chairman shall be compensated at the rate provided for level I I I of the Execu- tive Schedule under section 5314 of title 5, United States Code. The other members of the Commission shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of
91 STAT. 572 PUBLIC LAW 95-91—AUG. 4, 1977 title 5, United States Code. The Chairman and members of the Com- mission shall be individuals who, by demonstrated ability, background, training, or experience, are specially qualified to assess fairly the needs and concerns of all interests affected by Federal energy policy. ENERGY INFORMATION ADMINISTRATION Establishment. SEC. 205. (a)(1) There shall be within the Department an Energy 42 u s e 7135. Information Administration to be headed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for in level IV of the Executive Schedule under section 5315 of title 5, United States Code. The Administrator shall be a person who, by reason of professional background and experience, is specially qualified to manage an energy information system. (2) The Administrator shall be responsible for carrying out a central, comprehensive, and unified energy data and information pro- gram which will collect, evaluate, assemble, analyze, and disseminate data and information which is relevant to energy resource reserves, energy production, demand, and technology, and related economic and statistical information, or which is relevant to the adequacy of energy resources to meet demands in the near and longer term future for the Nation's economic and social needs. (b) The Secretary shall delegate to the Administrator (which dele- gation may be on a nonexclusive basis as the Secretary may determine may be necessary to assure the faithful execution of his authorities and responsibilities under law) the functions vested in him by law relat- ing to gathering, analysis, and dissemination of energy information (as defined in section 11 of the Energy Supply and Environmental 15 u s e 796. Coordination Act of 1974) and the Administrator may act in the name of the Secretary for the purpose of obtaining enforcement of such delegated functions. (c) In addition to, and not in limitation of the functions delegated to the Administrator pursuant to other subsections of this section, there shall be vested in the Administrator, and he shall perform, the functions assigned to the Director of the Office of Energy Informa- tion and Analysis under part B of the Federal Energy Administration 15 u s e 790, Act of 1974, and the provisions of sections 53(d) and 59 thereof shall 790b, 790h. be applicable to the Administrator in the performance of any function under this Act. (d) The Administrator shall not be required to obtain the approval of any other officer or employee of the Department in connection with the collection or analysis of any information; nor shall the Adminis- trator be required, prior to publication, to obtain the approval of any other officer or employee of the United States with respect to the sub- stance of any statistical or forecasting technical reports which he has prepared in accordance with law. Annual audit. (e) The Energy Information Administration shall be subject to an annual professional audit review of performance as described in sec- 15 u s e 790d. tion 55 of part B of the Federal Energy Administration Act of 1974. (f) The Administrator shall, upon request, promptly provide any information or analysis in his possession pursuant to this section to any other administration, commission, or office within the Department which such administration, commission, or office determines relates to the functions of such administration, commission, or office.
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 573 (g) Information collected by the Energy Information Administra- Information, tion shall be cataloged and, upon request, any such information shall availability to be promptly made available to the public in a form and manner easily public. adaptable for public use, except that this subsection shall not require disclosure of matters exempted from mandatory disclosure by section r)r)'2(b) of title ;•). United States Code. Tlie provisions of section 11(d)' of the Energy Supply and Environmental Coordination Act of 1974, 15 u s e 796. and section 17 of the Federal Nonnuclear Energy Research and Devel- opment Act of 1974, shall continue to apply to any information 42 u s e 5916. obtained by the Administrator under such provisions. (h) (1) (A) In addition to the acquisition, collection, analysis, and Major energy- dissemination of energy information pursuant to this section, the producing Administrator shall identify and designate "major energy-producing companies, identification and companies" wJiicli alone or with their affiliates are involved in one or designation. more lines of commerce in the energy industry so that the energy information collected from such major energy-producing companies shall provide a statistically accurate profile of each line of commerce in the energy industry in the United States. (B) In fulfilling the requirements of this subsection the Adminis- trator shall— (i) utilize, to the maximum extent practicable, consistent with the faithful execution of his responsibilities under this Act, reliable statistical sampling techniques; and (ii) otherwise give priority to the minimization of the report- ing of energy information by small business. (2) The Administrator shall develop and make effective for use Financial report, during the second full calendar year following the date of enactment format. of this Act the format for an energy-producing company financial report. Such report shall be designed to allow comparison on a uni- form and standardized basis among energy-producing companies and shall permit for the energy-related activities of such companies— (A) an evaluation of company revenues, profits, cash flow, and investments in total, for the energy-related lines of commerce in which such company is engaged and for all significant energy- related functions within such company; (B) an analysis of the competitive structure of sectors and functional groupings within the energy industry; (C) the segregation of energy information, including financial information, describing company operations by energy source and geographic area; (D) the determination of costs associated with exploration, development, production, processing, transportation, and market- ing and other significant energy-related functions within such company; and (E) such other analyses or evaluations as the Administrator finds is necessary to achieve the purposes of this Act. (3) The Administrator shall consult with the Chairman of the Secu- Accounting rities and Exchange Commission with respect to the development of practices, accoimting practices required by the Energy Policy and Conservation development. Act to be followed by persons engaged in whole or in part in the 42 u s e 6201 production of crude oil and natural gas and shall endeavor to assure note. that the energy-producing company financial report described in para- graph (2) of this subsection, to the extent practicable and consistent with the purposes and provisions of this Act, is consistent with such accounting practices where applicable. (4) The Administrator shall require each major energy-producing Annual financial company to file with the Administrator an energy-producing company report.
91 STAT. 574 PUBLIC LAW 95-91—AUG. 4, 1977 financial report on at least an annual basis and may request energy information described in such report on a quarterly basis if he deter- mines that such quarterly report of information will substantially assist in achieving the purposes of this Act. (5) A summary of information gathered pursuant to this section, accompanied by such analysis as the Administrator deems appropriate, shall be included in the annual report of the Department required by subsection (a) of section 657 of this Act. Definitions. (6) As used in this subsection the term— (A) "energy-producing company" means a person engaged in: (i) ownership or control of mineral fuel resources or non- mineral energy resources; (ii) exploration for, or development of, mineral fuel resources; (iii) extraction of mineral fuel or nonmineral energy resources; (iv) refining, milling, or otherwise processing mineral fuels or nonmineral energy resources; (v) storage of mineral fuels or nonmineral energy- resources ; (vi) the generation, transmission, or storage of electrical energy; (vii) transportation of mineral fuels or nonmineral energy resources by any means whatever; or (viii) wholesale or retail distribution of mineral fuels, non- mineral energy resources or electrical energy; (B) "energy industry" means all energy-producing companies; and (C) "person" has the meaning as set forth in section 11 of the Energy Supply and Environmental Coordination Act of 1974. (7) The provisions of section 1905 of title 18, United States Code, shall apply in accordance with its terms to any information obtained by the Administration pursuant to this subsection. ECONOMIC REGULATORY ADMINISTRATION 42 use 7136. SEC. 206. (a) There shall be within the Department an Economic Regulatory Administration to be headed by an Administrator, 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, United States Code. Such Administrator shall be, by demonstrated ability, background, training, or experience, an individual who is specially qualified to assess fairly the needs and concerns of all inter- ests affected by Federal energy policy. The Secretary 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 title IV, the Secretary shall utilize the Economic Regulatory Administration to administer such functions as he may consider appropriate. COMPTROLLER GENERAL F U N C T I O N S 42 use 7137. S E C 207. The functions of the Comptroller General of the United States under section 12 of the Federal Energy Administration Act 15 use 771. of 1974 shall apply with respect to the monitoring and evaluation of all functions and activities of the Department under this Act or any other Act administered by the Department.
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 575 O m C E OF INSPECTOR GENERAL SEC. 208. (a) (1) There shall be within the Department an Office of Inspector Inspector General to be headed by an Inspector General, who shall General, be appointed by the President, by and with the advice and consent of appointment and confinnation. the Senate, solely on the basis of integrity and demonstrated ability 42 u s e 7138. and without regard to political affiliation. The Inspector General shall report to, and be under the general supervision of, the Secretary or, to the extent such authority is delegated, the Deputy Secretary, but shall not be under the control of, or subject to supervision by, any other officer of the Department. (2) There shall also be in the Office a Deputy Inspector General Deputy Inspector who shall be appointed by the President, by and with the advice and General, consent of the Senate, solely on the basis of integrity and demon- appointment and confirmation. strated ability and without regard to political affiliation. The Deputy shall assist the Inspector General in the administration of the Office and shall, d u r i n g the absence oi' temporary incapacity of the Inspector General, oi- during a vacancy in that Office, act as Inspector General. (3) The Inspector General or the Deputy may be removed from office by the President. The Pi-esident shall communicate the reasons for any such removal to both Houses of Congress. (4) The Inspector General shall, in accordance with applicable laws Assistant and reguhitions governing the civil service, appoint an Assistant Inspector General for Audits and Inspector General for Audits and an Assistant Inspector General for Assistant Investigations. Inspector General (5) The Inspector General shall be compensated at the rate pro- for vided for level l Y of the Executive Schedule under section 5315 of Investigations, title 5, United States Code, and the Deputy Inspector General shall appointment. be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) I t shall be the duty and responsibility of the Inspector General— Duties and (1) to supervise, coordinate, and provide policy direction for responsibilities. auditing and investigative activities relating to the promotion of economy and efficiency in the administration of, or the pre- vention or detection of fraud or abuse in, programs and opera- tions of the D e p a r t m e n t ; (2) to recommend policies for, and to conduct, supervise, or coordinate other activities cairied out or financed by the Depart- ment for the purpose of promoting ecojiomy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its programs and operations; (3) to recommend policies for. and to conduct, supervise, or coordinate lelationships between the Department and other Fed- eral agencies. State and IcK'al governmental agencies, and non- governmental entities with respect to ( A ) all matters relating to the i)iomotion of economy and efficiency in the administration of, or the prevention and detection of fiaud and abuse in, pro- grams and operations administered or financed by the Depart- ment, and ( B ) the identification and j^rosecution of paiticipants in such fraud or abuse; (4) to keep the Seci-etary and the (^ongiess fully and currently informed, by means of the reports required by subsection (c) and otherwise, concerning fraud and other serious problems, abuses, and deficiencies relating to the administiation of programs and operations administered or financed by tlie De])artment. to recom- mend corrective action concerning such problems, abuses, and deficiencies, and to i-eport on tlie progress made in implementing such corrective action; and TQ-IQU n
91 STAT. 576 PUBLIC LAW 9 5 - 9 1 — A U G . 4, 1977 (5) to seek to coordinate his actions with the actions of the Comptroller General of the United States with a view to avoiding duplication. Report to (c) The Inspector General shall, not later than March 31 of each Secretary of year, submit a report to the Secretary, to the Federal E n e r g y Regula- Energy, Federal tory Commission, and to the Congress summarizing the activities of Energy the Office during the preceding calendar year. Such report shall Regulatory Commission, and include, but need not be limited to— Congress. (1) an identification and description of significant problems, abuses, and deficiencies relating to the administration of pro- grams and operations of the Department disclosed by such activities; (2) a description of recommendations for corrective action made by the Office with respect to significant problems, abuses, or deficiencies identified and described under p a r a g r a p h (1) ; (3) an evaluation of progress made in implementing recom- mendations descril>ed in the report or, where appropriate, in previous reports; and (4) a summary of matters referred to prosecutive authorities and the extent to which prosecutions and convictions have resulted. (d) The Inspector General shall report immediately to the Secre- tary, to the Federal E n e r g y Regulatory Commission as appropriate, and, within thirty days thereafter, to the appropriate committees or subcommittees of the Congress whenever the Office becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relat- ing to the administration of programs and operations of the Depart- ment. The Deputy and Assistant Inspectors General shall have particular responsibility for informing the Inspector General of such problems, abuses, or deficiencies. Additional (e) The Inspector General (1) may make such additional investi- investigations gations and reports relating to the administration of the programs and reports. and operations of the Department as are, in the judgment of the Inspector General, necessary or desirable, and (2) shall provide such additional information or documents as may be requested by either House of Congress or, with respect to matters within their jurisdic- tion, by any committee or subcommittee thereof. (f) Notwithstanding any other provision of law, the reports, information, or documents required by or mider this section shall be transmitted to the Secretary, to the Federal E n e r g y Regulatory Com- mission, if applicable, and to the Congress, or committees or subcom- mittees thereof, by the Inspector General without further clearance or approval. The Inspector General shall, insofar as feasible, provide copies of the reports required under subsection (c) to the Secretary and the Commission, if applicable, sufficiently in advance of the due date for the submission to Congress to provide a reasonable opportu- nity for comments of the Secretary and the Commission to be appended to the reports when submitted to Congress. Additional (g) I n addition to the authority otherwise provided by this section, authority. the Inspector General, in carrying out the provisions of this section, is authorized— (1) to have access to all records, reports, audits, reviews, docu- ments, papers, recommendations, and other material available to the Department which relate to programs and operations with respect to which the Inspector General has responsibilities under this section;
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 577 (2) to require by subpena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the functions assigned by this section, which subpena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court; and (3) to have direct and prompt access to the Secretary when necessary for any purpose pertaining to the performance of func- tions under this section. OFFICE o r EXERGY RESEARCH SEC. 209. (a) There shall be within the Department an Office of Director. Energy Research to be headed by a Director, who shall be appointed 42 u s e 7139. by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) It shall be the duty and responsibility of the Director— Duties and (1) to advise the Secretary with respect to the physical responsibilities. research program transferred to the Department from the Energy Research and Development Administration; (2) to monitor the Department's energy research and develop- ment programs in order to advise the Secretary with respect to any undesirable duplication or gaps in such programs; (3) to advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the juris- diction of the Department, excluding laboratories that constitute part of the nuclear weapons complex; (4) to advise the Secretary with respect to education and train- ing activities required for effective short- and long-term basic and applied research activities of the Department; (5) to advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long- term basic and applied research activities of the Department; and (6) to carry out such additional duties assigned to the Office by the Secretary relating to basic and applied research, including but not limited to supervision or support of research activities carried out by any of the Assistant Secretaries designated by section 203 of this Act. as the Secretarv considers advantageous. LEASING LIAISON COMMITTEE SEC. 210. There is hereby established a Leasing Liaison Committee Establishment. which shall be composed of an equal number of members appointed 42 u s e 7140. by the Secretary and the Secretary of the Interior. T I T L E III—TRANSFERS OF FUNCTIONS GENERAL TRANSFERS SEC. 301. (a) Except as otherwise provided in this Act, there are Federal Energy hereby transferred to, and vested in, the Secretary all of the functions Administration vested by law in the Administrator of the Federal Energy Adminis- and Energy tration or the Federal Energy Administration, the Administrator of Research and Development the Energy Research and Development Administration or the Energy Administration. Research and Development Administration; and the functions vested 42 u s e 7151.
91 STAT. 578 PUBLIC LAW 95-91—AUG. 4, 1977 by law in the officers and components of either such Administration. Federal Power (b) Except as provided in title IV, there are hereby transferred Commission. to, and vested in, the Secretary the function of the Federal Power Commission, or of the members, officers, or components thereof. The Secretary may exercise any power described in section 402(a) (2) to the extent the Secretary determines such power to be necessary to the exercise of any function within his jurisdiction pursuant to the pre- ceding sentence. TRANSFERS FROM T H E DEPARTMENT OF T H E INTERIOR 42 use 7152. SEC. 302. (a) (1) There are hereby transferred to, and vested in, the Secretary all functions of the Secretary of the Interior under section 5 16 use 825s. of the Flood Control Act of 1944, and all other functions of the Secre- tary of the Interior, and officers and components of the Department of the Interior, with respect to— - (A) the Southeastern Power Administration; (B) the Southwestern Power Administration; (C) the Alaska Power Administration; (D) the Bonneville Power Administration including but not limited to the authority contained in the Bonneville Project Act 16 use 832. of 1937 and the Federal Columbia River Transmission System 16 u s e 838 note. Act; (E) the power marketing functions of the Bureau of Reclama- tion, including the construction, operation, and maintenance of transmission lines and attendant facilities; and (F) the transmission and disposition of the electric power and energy generated at Falcon Dam and Amistad Dam, international storage reservoir projects on the Rio Grande, pursuant to the Act 68 Stat. 255. of June 18,1954, as amended by the Act of December 23,1963. 77 Stat. 475. (2) The Southeastern Power Administration, the Southwestern Power Administration, the Bonneville Power Administration, and the Alaska Power Administration shall be preserved as separate and dis- tinct organizational entities within the Department. Each such entity shall be headed by an Administrator appointed by the Secretary. The functions transferred to the Secretary in paragraphs (1) (A), (1) (B), (1)(C), and (1)(D) shall be exercised by the Secretary, acting by and through such Administrators. Each such Administrator shall maintain his principal office at a place located in the region served by his respective Federal power marketing entity. (3) The functions transferred in paragraphs (1)(E) and (1) (F) of this subsection shall be exercised by the Secretary, acting by and through a separate and distinct Administration within the Depart- ment which shall be headed by an Administrator appointed by the Secretary. The Administrator shall establish and shall maintain such regional offices as necessary to facilitate the performance of such functions. Neither the transfer of functions effected by para- graph (1) (E) of this subsection nor any changes in cost allocation or project evaluation standards shall be deemed to authorize the reallo- cation of joint costs of multipurpose facilities theretofore allocated unless and to the extent that such change is hereafter approved by Congress. Federal leases. (b) There are hereby transferred to, and vested in, the Secretary the functions of the Secretary of the Interior to pronmlgate regulations 43 u s e 1331 under the Outer Continental Shelf Lands Act, the Mineral Lands note. Leasing Act, the Mineral Leasing Act for Acquired Lands, the Geo- 30 u s e 181 note, 351 note.
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 579 thermal Steam Act of 1970, and the E n e r g y Policy and Conservation 30 USC 1001 Act, which relate to the— °ote. (1) fostering of competition for Federal leases (including, but '*^ ^^^ ^^^^ not limited to, prohibition on bidding for development rights by °*'*^' certain types of joint ventures) ; (2) implementation of alternative bidding systems authorized for the award of Federal leases; (3) establishment of diligence requirements for operations con- ducted on Federal leases (including, but not limited to, procedures relating to the g r a n t i n g or ordering by the Secretary of the Interior of suspension of operations or production as they relate to such requirements) ; (4) setting rates of production for Federal leases; and (5) specifying the procedures, terms, and conditions for the acquisition and disposition of Federal royalty interests taken in kind. (c) There are hereby transferred to, and vested in, the Secretary all Production rates, the functions of the Secretary of the Interior to establish production rates for all Federal leases. (d) There are hereby transferred to, and vested in, the Secretary those functions of t h e Secretary of the Interior, the D e p a r t m e n t of the Interior, and officers and components of t h a t Department under the Act of ^lay 15,1910, and other authorities, exercised by the Bureau of 30 USC 1,3,5-7. Mines, but limited to— (1) fuel supply and demand analysis and data g a t h e r i n g ; (2) research and development relating to increased efficiency of production technology of solid fuel minerals, other than research relating to mine health and safety and research relating to the environmental and leasing consequences of solid fuel mining (which shall remain in the Department of the Interior) ; and (3) coal preparation and analysis. ADMIXISTRATIOX OF LEASING TRANSFERS SEC. 303. (a) The Secretary of the Interior shall retain any authori- Federal leasing of ties not transferred under section 302(b) of this Act and shall be mineral solely responsible for the issuance and supervision of Federal leases resources. and the enforcement of all regulations applicable to the leasing of 42 USC 7153. mineral resources, including but not limited to lease terms and condi- tions and production r-ates. No regulation promulgated by the Secre- t a r y shall restrict or limit any authority retained by the Secretary of the Interior under section 302(b) of this Act with respect to the issu- ance or supervision of Federal leases. Nothing in section 302(b) of this Indian lands. Act shall be construed to affect I n d i a n lands and resources or to transfer any functions of the Secretary of the Interior concerning such lands and resources. (b) I n exercising the authority under section 302(b) of this Act Regulations, to promulgate regulations, the Secretary shall consult with the Secre- t a r y of the Interior during the preparation of such regulations and shall afford the Secretary of the Interior not less t h a n t h i r t y days, prior to the date on which the Department first publishes or otherwise prescribes regulations, to comment on the content and effect of such regulations. (c) (1) The Secretary of the Interior shall afford the Secretary not Terms and less than thii'ty days, prior to the date on which the Department of the conditions, Interior first publishes or otherwise prescribes tlie terms and condi- disapproval. tions on which a Federal lease will be issued, to disapprove any term
91 STAT. 580 PUBLIC LAW 95-91—AUG. 4, 1977 or condition of such lease which relates to any matter with respect to which the Secretary has authority to promulgate regulations under section 302(b) of this Act. No such term or condition may be included in such a lease if it is disapprov^ed by the Secretary. The Secretary and the Secretary of the Interior may by agreement define circum- stances under which a reasonable opportunity of less than thirty days may be afforded the Secretary to disapprove such terms and conditions. (2) Where the Secretary disapproves any lease, term, or condition under paragraph (1) of this subsection he shall furnish the Secretary of the Interior with a detailed written statement of the reasons for his disapproval, and of the alternatives which would be acceptable to him. Environmental (d) The Department of the Interior sliall be the lead agency for the impact purpose of preparation of an environmental impact statement required statements. by section 102(2) (C) of the National Environmental Policy Act of 42 use 4332. 1969 for any action with respect to the Federal leases taken under the authority of this section, unless the action involves only matters within the exclusive authority of the Secretary. ?. TRAXSFERS FROM T H E DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Energy SEC. 304. (a) There is hereby transferred to, and vested in, the Sec- conservation retary the functions vested in the Secretary of Housing and Urban standards for new Development pursuant to section 304 of the Energy Conservation buildings. Standards for New Buildings Act of 1976, to develop and promulgate 42 u s e 7154. 42 u s e 6833. energy conservation standards for new buildings. The Secretary of Housing and Urban Development shall provide the Secretary with any necessary technical assistance in the development of such standards. All other responsibilities, pursuant to title I I I of the Energy Conser- 42 u s e 6831 vation and Production Act, shall remain with the Secretary of Housing note. and Urban Development, except that the Secretary shall be kept fully and currently informed of the implementation of the promulgated standards. (b) There is hereby transferred to, and vested in, the Secretary the functions vested in tlie Secretary of Housing and Urban Development pursuant to section 509 of the Housing and Urban Development Act of 12 u s e 1701Z-8. 1970. COORDINATION W I T H T H E DEPARTMENT OF TRANSPORTATION SEC. 305. Section 502 of the Motor Vehicle Information and Cost 15 use 2002. Savings Act is amended at the end tliereof by adding the following new subsections: Average fuel "(g) The Secretary shall consult with the Secretary of Energy in economy carrying out his responsibilities under this section. The Secretary shall, standards. before issuing any notice proposing under subsection (a), (b), (d), or (f) of this section, to establish, reduce, or amend an average fuel economy standard, provide the Secretary of Energy with a period of not less than ten days from the receipt of the notice during which the Secretary of Energy may, upon concluding that the proposed standard would adversely affect the conservation goals set by the Secretary of Energy, provide written comments to the Secretary concerning the impacts of the proposed standard upon those goals. To the extent that the Secretary does not revise the proposed standard to take into account any comments by the Secretary of Energy regarding the level of the proposed standard, the Secretary shall include the unaccommo- dated comments in the notice.
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 581 " (h) The Secretary shall, before taking action on any final standard Notice, under this section or any modification of or exemption from such standard, notify the Secretary of Energy and provide such Secretary with a reasonable period of time to comment thereon.". TRA^rSFER FROM T H E INTERSTATE COMMERCE COMMISSION SEC. 306. Except as provided in title IV, there are hereby transferred Transportation of to the Secretary such functions set forth in the Interstate Commerce oil by pipeline. Act and vested'by law in the Interstate Commerce Commission or the 42 use 7155. 49 u s e prec. 1 Chairman and members thereof as relate to transportation of oil by note. pipeline. TRANSFERS FROM T H E DEPARTMENT OF T H E NAVY SEC. 307. There are hereby transferred to and vested in the Secretary eertain naval all functions vested by chapter 641 of title 10, United States Code, in petroleum the Secretary of the Navy as they relate to the administration of and reserves. 42 u s e 7156. jurisdiction over— 10 u s e 7421. (1) Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated September 2,1912; (2) Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, California, established by Executive order of the President, dated December 13,1912; (3) Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, established by Executive order of the Presi- dent, dated April 30,1915; (4) Oil Shale Reserve Numbered 1, located in Colorado, estab- lished by Executive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919; (5) Oil Shale Reserve Numbered 2, located in Utah, established by Executive order of the President, dated December 6,1916; and (6) Oil Shale Reserve Numbered 3, located in Colorado, estab- lished by Executive order of the President, dated September 27, 1924. In the administration of any of the functions transferred to, and vested in, the Secretary by this section the Secretary shall take into consideration the requirements of national security. TRANSFERS FROM T H E DEPARTMENT OF COMMERCE SEC. 308. There are hereby transferred to, and vested in, the Secre- Industrial energy tary all functions of the Secretary of Commerce, the Department of conservation Commerce, and officers and components of that Department, as relate programs. to or are utilized by the Office of Energy Programs, but limited to 42 u s e 7157. industrial energy conservation programs. NAVAL REACTOR AND MILITARY APPLICATION PROGRAMS SEC. 309. (a) The Division of Naval Reactors established pursuant 42 u s e 7158. to section 25 of the Atomic Energy Act of 1954, and responsible for 42 u s e 2035. research, design, development, health, and safety matters pertaining to naval nuclear propulsion plants and assigned civilian power reactor programs is transferred to the Department under the Assistant Sec- retary to whom the Secretary has assigned the function listed in sec- tion 203(a) (2) ( E ) , and such organizational unit shall be deemed to be an organizational unit established by this Act.
91 STAT. 582 PUBLIC LAW 95-91—AUG. 4, 1977 (b) The Division of Military Application, established by section 42 u s e 2035. 25 of the Atomic Energy Act of 1954, and the functions of the Energy Research and Development Administration with respect to the Mili- tary Liaison Committee, established by section 27 of the Atomic 42 u s e 2037. Energy Act of 1954, are transferred to the Department under the Assistant Secretary to whom the Secretary has assigned those func- tions listed in section 203(a) (5), and such organizational units shall be deemed to be organizational units established by this Act. TRANSFER TO T H E DEPARTMENT OF TRANSPORTATION Van pooling and SE(;. 310. Notwithstanding section 301(a), there are hereby trans- carpooling. ferred to, and vested in, tlie Secretary of Transportation all of the 42 u s e 7159. functions vested in the Administrator of the Federal Energy Admin- istration by section 381 (b) (1) (B) of the P^nergy Policy and Conserva- 42 u s e 6361. tion Act. TITLE IV—FEDERAL ENERGY REGULATORY COMMISSION APPOINTMENT AND ADMINISTRATION Establishment. SEC. 401. (a) There is hereby establislied within the Department an 42 use 7171. independent regulatory commission to be known as the Federal Energy Regulatory Commission. Members. (b) The Commission shall be composed of five members appointed by the President, by and with the advice and consent of the Senate. One of the members shall be designated by the President as Chairman. Members shall hold office for a term of four years and may be removed by the Piesideiit only for inefficiency, neglect of duty, or malfeasance in office. The terms of the members first taking office shall expire (as designated by the I'resident at the time of appointment), two at the end of two years, two at the end of three years, and one at the end of four years. Not more than three members of the Commission shall be members of the same political party. Any Commissioner appointed to fill a vacancy occurring jjrior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remain- der of such term. A Commissioner may contiinie to serve after the expiration of his term until his successor has taken office, except that he may not so continue to serve for more than one year after the date on which his tenn would otherwise expire under this subsection. Members of the Connnission shall not engage in any other business, vocation, or employment while serving on the Commission. (c) The Chairman shall be responsible on behalf of the Commis- sion for the executive and administrative operation of the Commission, including functions of the Commission with respect to (1) the appoint- ment and employment of hearing examiners in accordance with the provisions of title 5, United States Code, (2) the selection, appoint- ment, and fixing of the compensation of such personnel as he deems necessary, including an executive director, (3) the supervision of per- sonnel employed by or assigned to the Commission, except that each member of the Commission may select and supervise personnel for his personal staff, (4) the distribution of business among personnel and among administrative units of the Commission, and (5) the procure- ment of services of experts and consultants in accordance with section 3109 of title 5, United States Code. The Secretary shall provide to the Commission such support and facilities as the Commission determines it needs to carry out its functions.
PUBLIC LAW 9 5 - 9 1 — A U G . 4, 1977 91 STAT. 583 (d) I n the performance of their functions, the members, employees, or other personnel of the Commission shall not be responsible to or subject to the supervision or direction of any officer, emploj^ee, or agent of any other part of the Department. (e) The Chairman of the Commission may designate any other Acting Chairman, member of the Commission as Acting Chairman to act in the place designation. and stead of the Chairman d u r i n g his absence. The Chairman (or the Quorum. Acting Chairman in the absence of the Cliairman) shall preside at all sessions of the Coir.mission and a quorum for the transaction of busi- ness shall consist of at least three members present. Each member of the Commission, including the Chairman, shall have one vote. Actions of the Commission shall be determined by a majority vote of the members present. The Commission shall have an official seal whicli Seal. shall bc^ judicially noticed. (f) The Commission is authorized to establish such procedural and Rules. administrative rules as are necessary to the exercise of its functions. Until changed by the Commission, any procedural and administrative rules applicable to particular functions over which the Commission has jurisdiction shall continue in effect with respect to such particular functions. (g) I n carrying out any of its functions, the Commission shall have Hearings, the powers authorized by the law under which such function is exer- cised to hold hearings, sign and issue subpenas, administer oaths, exam- ine witnesses, and receive evidence at any place in the United States it may designate. The Commission may, by one or more of its members or by such agents as it may designate, conduct any hearing or other inquiry necessary or appropriate to its functions, except that nothing in this subsection shall be deemed to supersede the provisions of sec- tion 556 of title 5, United States Code relating to hearing examiners. (h) The principal office of the Commission shall be in or near the District of Columbia, where its general sessions shall be held, but the Commission may sit anywhere in the United States. (i) F o r the purpose of section 552b of title 5, United States Code, the Commission shall be deemed to be an agency. Except as provided in section 518 of title 28, United States Code, relating to litigation before the Supreme Court, attorneys designated by the Chairman of the Commission may appear for, and represent the Commission in, any civil action brought in connection with any function carried out by the Connnission pursuant to this Act or as otherwise authorized by law. (j) I n each annual authorization and appropriation request under Appropriation this Act, the Secretary shall identify the portion thereof intended authorization. for the support of the Commission and include a statement by the Commission (1) showing the amount requested by the Commission in its budgetary presentation to the Secretary and the Office of Manage- ment and Budget and (2) an assessment of the budgetary needs of the Commission. Whenever the Commission submits to the Secretary, Legislative the l*r;^sident. or the Office of Management and Bud.<»-et, any legislative recommenda- recommendation or testimony, or comments on legislation, prepared tions, copies to for submission to Congress, the Commission shall concurrently trans- congressional committees. mit a copy thereof to the appropriate committees of Congress. JURISDICTION o r THE COMMISSION SEC. 402. ( a ) (1) There are hereby transferred to, and vested in, the Transfer of Commission the following functions of the Federal Power Commission functions. or of any member of the Commission or any officer or component of 42 u s e 7172. t h e Commission:
91 STAT. 584 PUBLIC LAW 9 5 - 9 1 — A U G . 4, 1977 ( A ) the investigation, issuance, transfer, renewal, revocation, and enforcement of licenses and permits for the construction, oper- ation, and maintenance of dams, water conduits, reservoirs, power- houses, transmission lines, or other works for the development and improvement of navigation and for the development and utilization of power across, along, from, or in navigable waters 16 u s e 792. under p a r t I of the Federal Power A c t ; ( B ) the establishment, review, and enforcement of rates and charges for the transmission or sale of electric energy, including determinations on construction work in progress, under part I I 16 u s e 824. of the P^ederal Power Act, and the interconnection, under section 16 u s e 824a. 2 0 2 ( b ) , of such Act, of facilities for the generation, transmission, and sale of electric energy (other than emergency interconnec- tion) ; (C) the establishment, review, and enforcement of rates and charges for the transportation and sale of natural gas by a pro- ducer or gatherer or by a natural gas pipeline or natural gas com- 15 u s e 717, pany under sections 1, 4, 5, and 6 of the Natural Gas A c t ; 717c, 717d, (])) the issuance of a certificate of public convenience and '^' necessity, including abandonment of facilities or services, and the establishment of physical connections under section 7 of the Nat- 15USe717f. uralGasAct; ( E ) the establishment, review, and enforcement of curtailments, other than the establishment and review of priorities for such cur- 15 u s e 717w. tailments, under the Natural Gas A c t ; and ( F ) the regulation of mergers and securities acquisition undei- 16 u s e 791a. the Federal Power Act and N a t u r a l Gas Act. (2) The Commission may exercise any power under the following sections to the extent the Connnission determines such power to be necessary to the exercise of any function within the jurisdiction of the Commission: ( A ) sections 4, 301, 302, 306 through 309, and 312 through 316 16 u s e 797, of the Federal Power A c t ; and 825, 825a, ( B ) sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas 825e-825h, j^^^^ 15 lisr 717 ^^) There are hereby transferred to, and vested in, the Commission Yjy^ ^' all functions and authority of the Interstate Commerce Commission 717/-^717p, or any officer or component of such Commission where the regulatory 717s, int. function establishes rates or charges for the transportation of oil by pipeline or establishes the valuation of any such pipeline. (c) (1) P u r s u a n t to the procedures specified in section 404 and except as provided in p a r a g r a p h ( 2 ) , the Commission shall have jurisdiction to consider any pi'oposal by the Secretary to amend the regulation required to be issued under section 4 ( a ) of the Emergency 15 u s e 753. Petroleum Allocation Act of 1973 which is required by section 8 or 12 15 u s e 757, of such Act to be transmitted by the President to, and reviewed by, 760a. gach House of Congress, under section 551 of the E n e r g y Policy and 42 u s e 6421. Conservation Act. (2) I n the event t h a t the President determines t h a t an emergency situation of overriding national importance exists and requires the expeditious promulgation of a rule described in p a r a g r a p h ( 1 ) , the President may direct the Secretary to assume sole jiirisdiction over the promulgation of such rule, and such rule shall be transmitted by the President to, and reviewed by, each House of Congress under section 8 or 12 of the Emergency Petroleum Allocation Act of 1973, and section 551 of the E n e r g y Policy and Conservation Act.
PUBLIC LAW 9 5 - 9 1 — A U G . 4, 1977 91 STAT. 585 (d) The Commission shall have jurisdiction to hear and determine Hearing, any other matter arising under any other function of the Secretary— (1) involving any agency determination required by law to be made on the record after an opportunity for an agency h e a r i n g ; or (2) involving any other agency determination which the Secre- t a r y determines shall be made on the record after an opportunity for an agency hearing, except t h a t nothing in this subsection shall require t h a t functions under sections 105 and 106 of the E n e r g y Policy and Conservation Act 42 u s e 6213, shall be within the jurisdiction of the Commission unless the Secretary 6214. assigns such a function to the Commission. (e) I n addition to the other provisions of this section, the Com- Notice. mission shall have jurisdiction over any other matter which the Secre- t a r y may assign to the Commission after public notice, or which are required to be referred to the Commission pursuant to section 404 of this Act. (f) No function described in this section which regulates the exports Limitation. or imports of natural gas or electricity shall be within the jurisdiction of the Commission unless the Secretary assigns such a function to tlie Commission. (g) The decision of the Commission involving any function within Review, its jurisdiction, other than action by it on a matter referred to it pur- limitation. suant to section 404, shall be final agency action within the meaning of section 704 of title 5, United States Code, and shall not be subject to further review by the Secretary or any officer or employee of the Department. ( h ) The Commission is authorized to prescribe rules, regulations, Rules, and statements of policy of general applicability with respect to any regulations, and function under the jurisdiction of the Commission pursuant to section statements of 402. policy. I N I T I A T I O N OF RULEMAKING PROCEEDINGS BEFORE COMMISSION SEC. 403. (a) T h e Secretary and the Commission are authorized to 42 USC 7173. propose rules, regulations, and statements of policy of general applica- bility with respect to any function within the jurisdiction of the Com- mission under section 402 of this Act. (b) The Commission shall have exclusive jurisdiction with respect to any proposal made under subsection ( a ) , and shall consider and , take final action on any proposal made by the Secretary under such subsection in an expeditious manner in accordance with such reason- able time limits as may be set by the Secretary for the completion of action by the Commission on any such proposal. (c) A n y function described in section 402 of this Act which relates to the establishment of rates and charges under the Federal Power Act 16 USC 791a. or the Xatural Gas Act, may be conducted by rulemaking procedures. 15 USC 717w. Except as provided in subsection ( d ) , the procedures in such a rule- making proceeding shall assure full consideration of the issues and an opportunity for interested persons to present their views. (d) W i t h respect to any rule or regulation promulgated by the Written questions Commission to establish rates and charges for the first sale of natural and responses, gas by a producer or gatherer to a natural gas pipeline under the Xatural Gas Act, the Commission may afford anv interested person a reasonable opportunity to submit written questions with respect to disputed issues of fact to other interested persons participating in the rulemaking proceedings. The Commission may establish a reasonable time for both the submission of questions and responses thereto.
91 STAT. 586 PUBLIC LAW 95-91—AUG. 4, 1977 REFERRAL OF OTHER RULEMAKING PROCEEDINGS TO COMMISSION 42 use 7174. SEC. 404. (a) Except as provided in section 403, whenever the Secre- tary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function which is trans- ferred to the Secretary under section 301 or 306 of this Act, he shall Public comment. notify the Commission of the proposed action. If the Commission, in its discretion, determines within such period as the Secretary may prescribe, that the proposed action may significantly affect any func- tion within the jurisdiction of the Commission pursuant to section 402(a)(1), (b), and (c)(1), the Secretary shall immediately^ refer the matter to the Commission, which shall provide an opportunity for public comment. (b) Following such opportunity for public comment the Commis- sion, after consultation with the Secretary, shall either— (1) concur in adoption of this rule or statement as proposed by the Secretary; (2) concur in adoption of the rule or statement only with such changes as it may recommend; or (3) recommend that the rule or statement not be adopted. Recommenda- The Commission shall promptly publish its recommendations, adopted tions, under this subsectioUj along with an explanation of the reason for its publication. actions and an analysis of the major comments, criticisms, and alterna- tives offered during the comment period. (c) Following publication of the Commission's recommendations the Secretary shall have the option of— (1) issuing a final rule or statement in the form initially pro- posed by the Secretary if the Commission has concurred in such rule pursuant to subsection (b) (1) ; (2) issuing a final rule or statement in amended form so that the rule conforms in all respects with the changes proposed by the Commission if the Commission has concurred in such rule or state- ment pursuant to subsection (b) (2); or (3) ordering that the rule shall not be issued. The action taken by the Secretary pursuant to this subsection shall constitute a final agency action for purposes of section 704 of title 5, United States Code. RIGHT o r SECRETARY TO INTERVENE I N COMMISSION PROCEEDINGS 42 use 7175. SEC. 405. The Secretary may as a matter of right intervene or otherwise participate in any proceeding before the Commission. The Secretary shall comply with rules of procedure of general applicability governing the timing of intervention or participation in such proceed- ing or activity and, upon intervening or participating therein, shall comply with rules of procedure of general applicability governing the conduct thereof. The intervention or participation of the Secretary in any proceeding or activity shall not affect the obligation of the Commission to assure procedure fairness to all participants. REORGANIZATION 42 use 7176. SEC. 406. For the purposes of chapter 9 of title 5, United States 5 use 901 et seq. Code, the Commission shall be deemed to be an independent regula- tory agency.
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 587 ACCESS TO IXFORMATION SEC. 407. (a) The Secretary, each officer of the Department, and each 42 use 7177. Federal agency shall provide to the Commission, upon request, such existing information in the possession of the Department or other Federal agency as the Commission determines is necessary to carry out its responsibilities under this Act. (b) The Secretary, in formulating the information to be requested in the reports or investigations under section 304 and section 311 of the Federal Power Act and section 10 and section 11 of the Natural Gas 16 use 825c, Act, shall include in such reports and investigations such specific 825j. information as requested by the Federal Energy Regulatory Commis- 15 use 717i, sion and copies of all reports, information, results of investigations 717j. and data under said sections shall be furnished by the Secretary to the Federal Energy Regulatory Commission. T I T L E V—ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW PROCEDURES SEC. 501. (a) (1) Subject to the other requirements of this title, the 42 use 7191. provisions of subchapter I I of chapter 5 of title 5, United States Code, 5 use 551. shall apply in accordance with its terms to any rule or regulation, or any order having the applicability and effect of a rule (as defined in section 551(4) of title 5, United States Code), issued pursuant to authority vested by law in, or transferred or delegated to, the Secre- tary, or required by this Act or any other Act to be carried out by any other officer, employee, or component of the Department, other than the Commission, including any such rule, regulation, or order of a State, or local government agency or officer thereof, issued pursuant to authority delegated by the Secretary in accordance with this title. If any provision of any Act, the functions of which are transferred, vested, or delegated pursuant to this Act, provides administrative procedure requirements in addition to the requirements provided in this title, such additional requirements shall also apply to actions under that provision. (2) Notwithstanding paragraph (1), this title shall apply to the Commission to the same extent this title applies to the Secretary in the exercise of any of the Commission's functions under section 402 (c)(1) or which the Secretary has assigned under section 402(e). (b)(1) In addition to the requirements of subsection (a) of this Publication in section, notice of any proposed rule, regulation, or order described in. Federal Register. subsection (a) shall be given by publication of such proposed rule, regulation, or order in the Federal Register. Such publication shall he Statement. accompanied by a statement of the research, analysis, and other avail- able information in support of, the need for, and the probable effect of, any such proposed rule, regulation, or order. Other effective means of publicity shall be utilized as may be reasonably calculated to notify concerned or affected persons of the nature and probable effect of any such proposed rule, regulation, or order. In each case, a minimum of Minimum thirty days following such publication shall be provided for an oppor- comment period. tunity to comment prior to promulgation of any such rule, regulation, or order. (2) Public notice of all rules, regulations, or orders described in Notice. subsection (a) which are promulgated by officers of a State or local government agency pursuant to a delegation under this Act shall be
91 STAT. 588 PUBLIC LAW 95-91—AUG. 4, 1977 provided by publication of such proposed rules, regulations, or orders in at least t\YO ne^A-spapers of statewide circulation. If such publication is not practicable, notice of any such rule, regulation, or order shall be given by such other means as the officer promulgating such rule, regu- lation, or order determines will reasonably assure wide public notice. Rulemaking (.3) F o r the purposes of this title, the exception from the require- procedure, ments of section 558 of title 5, Ignited States Code, provided by sub- certain section (a) (2) of such section with respect to public property, loans, exceptions, grants, or contracts shall not be available. prohibition. ( c ) ( 1 ) If the Secretary determines, on his own initiative or in response to any showing made pursiiant to p a r a g r a p h (2) (with respect to a proposed rule, regulation, or order described in subsection ( a ) ) that no substantial issue of fact or law exists and that such rule, regulation, or order is unlikely to have a substantial impact on the Xation's economy or large numbers of individuals or businesses, such proposed rule, regulation, or order may be promulgated in accordance Oral with section 55.3 of title 5, T'nited States Code. If .the Secretary deter- presentations. mines t h a t a substantial issue of fact or law exists or t h a t such rule, regulation, or order is likely to have a substantial impact on the Nation's economy or large numbers of individuals or businesses, an opportunity for oral presentation of views, data, and arguments shall be provided. (2) Any person, who would be adversely affected by the implemen- tation of any proposed rule, regulation, or order Avho desires an opportunity for oral presentation of views, data, and arguments, may submit material supporting the existence of such substantial issues or such impact. Transcript. {?>) A transcript shall be kept of any oral presentation with respect to a rule, regulation, or order described in subsection ( a ) . Explanation. (d) Following the notice and comment period, including any oral presentation required by this subsection, the Secretary may promul- gate a rule if the rule is accompanied by an explanation responding to the major comments, criticisms, and alternatives offered during the comment period. Waiver. (e) The requirements of subsections ( b ) , ( c ) , and (d) of this section may be waived where strict compliance is found by the Secre- t a r y to be likely to cause serious h a r m or injury to the public health, safety, or welfare, and such finding is set out in detail in such rule, regulation, or order. I n the event the requirements of this section are waived, the requirements shall be satisfied within a reasonable period of time subsequent to the promulgation of such rule, regulation, or order. Hearing. (f) (1) W i t h respect to any rule, regulation, or order described in subsection ( a ) , the effects of which, except for indirect effects of an inconsequential nature, are confined to— (A) a single unit of local government or the residents thereof; ( B ) a single geographic area within a State or the residents thereof; or , ^ . ,, (C) a single State or the residents thereof; the Secretary shall, in any case w'here appropriate, afford an oppor- tunity for a hearing or the oral presentation of views, and provide procedures for the holding of such hearing or oral presentation within the boimdaries of the unit of local government, geographic area, or State described in p a r a g r a p h s ( A ) through (C) of this p a r a g r a p h as the case may be.
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 589 (2) For the purposes of this subsection— Definitions. (A) the term ''unit of local government" means a county, munic- ipality, town, township, village, or other unit of general gov- ernment below the State level; and (B) the term "geographic area within a State" means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government, (3) Nothing in this subsection shall be construed as requiring a hearing or an oral presentation of views where none is required by this section or other provision of law. (g) Where authorized by any law vested, transferred, or delegated pursuant to this Act, the Secretary may, by rule, prescribe procedures for State or local government agencies authorized by the Secretary to carry out such functions as may be permitted under applicable law. Such procedures shall apply to such agencies in lieu of this section, Notice, and shall require that prior to taking any action, such agencies shall take steps reasonably calculated to provide notice to persons who may be affected by the action, and shall afford an opportunity for presen- tation of views (including oral presentation of views where practi- cable) within a reasonable time before taking the action. * JUDICIAL REVIEW SEC. 502. (a) Judicial review of agency action taken under any law 42 use 7192. the functions of which are vested by law in, or transferred or delegated to the Secretary, the Commission or any officer, employee, or compo- nent of the Department shall, notwithstanding such vesting, transfer, or delegation, be made in the manner specified in or for such law. (b) Notwithstanding the amount in controversy, the district courts Jurisdiction. of the United States shall have exclusive original jurisdiction of all other cases or controversies arising exclusively under this Act, or under rules, regulations, or orders issued exclusively thereunder, other than any actions taken to implement or enforce any rule, regulation, or order by any officer of a State or local government agency under this Act, except that nothing in this section affects the power of any court of competent jurisdiction to consider, hear, and determine in any proceed- ing before it any issue raised by way of defense (other than a defense based on the unconstitutionality of this Act or the validity of action taken by any agency under this Act). If in any such proceeding an Removal. issue by way of defense is raised based on the unconstitutionality of this Act or the validity of agency action under this Act, the case shall be subject to removal by either party to a district court of the United States in accordance with the applicable provisions of chapter 89 of title 28, United States Code. Cases or controversies arising under any 28 use 1441. rule, refrulation, or order of any officer of a State or local government agency may be heard in either (A) any appropriate State court, or (B) without regard to the amount in controversy, the district courts of the United States. (c) Subject to the provisions of section 401 (i) of this Act, and not- Litigation, withstanding any other law, the litigation of the Department shall supervision by be subject to the supervision of the Attorney General pursuant to Attorney chapter 31 of title 28, United States Code. The Attorney General may General. 28 u s e 501 et authorize any attorney of the Department to conduct any civil litiga- seq, tion of the Department in any Federal court except the Supreme Court.
9 1 STAT. 590 PUBLIC LAW 9 5 - 9 1 — A U G . 4, 1977 REMEDIAL ORDERS Violations. SEC. 503. (a) If upon investigation the Secretary or his authorized 42 u s e 7193. representative believes t h a t a person has violated any regulation, rule, or order described in section 501(a) promulgated pursuant to the 15 u s e 751 note. Emergency Petroleum Allocation Act of 1973, he may issue a remedial order to the person. E a c h remedial order shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of such rule, regulation, or order alleged to "Person." have been violated. F o r purposes of this section "person" includes any individual, association, company, corporation, partnership, or other entity however organized. Final order, (b) If within t h i r t y days after the receipt of the remedial order appeal, issued by the Secretary, the person fails to notify the Secretary that prohibition. he intends to contest the remedial order, the remedial order shall be- come effective and shall be deemed a final order of the Secretary and not subject to review by any court or agency. Contestation, (c) If within thirty days after the receipt of the remedial order notice. issued by the Secretary, the person notifies the Secretary t h a t he in- tends to contest a remedial order issued under subsection (a) of this section, the Secretary shall immediately advise the Commission of Stay. such notification. Upon such notice, the Commission shall stay the effect of the remedial order, unless the Commission finds the public Hearing. interest requires immediate compliance with such remedial order. The Commission shall, upon request, afford an opportunity for a hearing, including, at a minimum, the submission of briefs, oral or documen- Cross tary evidence, and oral arguments. To the extent t h a t the Commission examination. in its discretion determines t h a t such is required for a full and true dis- closure of the facts, the Commission shall afford the r i g h t of cross Final order. examination. T h e Commission shall thereafter issue an order, based Enforcement and on findings of fact, affirming, modifying, or vacating the Secretary's remedial order, or directing other appropriate relief, and such order shall, for the purpose of judicial review, constitute a final agency action, except t h a t enforcement and other judicial review of such action shall be the responsibility of the Secretary. Time limits. (d) The Secretary may set reasonable time limits for the Commis- sion to complete action on a proceeding referred to it pursuant to this section. (e) Nothing in this section shall be construed to affect any proce- dural action taken by the Secretary prior to or incident to initial issuance of a remedial order which is the subject of the hearing pro- vided in this section, but such procedures shall be reviewable in the hearing. Savings (f) The provisions of this section shall be applicable only with re- provision. spect to proceedings initiated by a notice of probable violation issued after the effective date of this Act. REQUESTS FOR ADJUSTMENTS 42 u s e 7194. SEC. 504. (a) T h e Secretary or any officer designated by him shall provide for the making of such adjustments to any rule, regulation or order described in section 501(a) issued under the Federal E n e r g y 15 u s e 761 note. Administration Act, the Emergency Petroleum Allocation Act of 1973, the E n e r g y Supply and Environmental Coordination Act of 15 u s e 791 note. 1974, or the E n e r g y Policy and Conservation Act, consistent with the 42 u s e 6201 other purposes of the relevant Act, as may be necessary to prevent spe- note. cial hardship, inequity, or unfair distribution of burdens, and shall by
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 591 rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or recission of, exception to, or exemption from, such rule, regulation or order. T h e Secretary or any such officer shall additionally insure t h a t each de- cision on any application or petition requesting an adjustment shall specify the standards of hardsliip, inequity, or unfair distribution of burden by which a n y disposition was made, and the specific applica- tion of such standards to the facts contained in any such application or petition. (b) (1) I f any person is aggrieved or adversely affected by a denial Denial, judicial of a request for adjustment under subsection (a) such person may review. request a review of such denial by the Connnission and may obtain judicial review in accordance with this title when such a denial becomes final. (2) T h e Commission shall, by rule, establish appropriate proce- Hearing dures, including a hearing when requested, for review of a denial. Action by the Commission under this section shall be considered final agency action within the meaning of section 704 of title 5, United States Code, and shall not be subject to further review by the Secre- t a r y or any officer or employee of the Department. Litigation involv- ing judicial review of such action shall be the responsibility of the Secretary. REVIEW AND EFFECT SEC, 505. Within one year after the effective date of this Act, the Report to Secretary shall submit a report to Congress concerning the actions Congress. taken to implement section 501. The report shall include a discussion 42 use 7195. Contents. of the adequacy of such section from the standpoint of the Department and the public, including a summary of any comments obtained by the Secretary from the public about such section and implementing regu- lations, and such recommendations as the Secretary deems appropriate concerning the procedures required by such section. TITLP: VI—ADMINISTRATIVE PROVISIONS P A R T A—CoNn.ioT OF INTEREST PROVISIONS DEFINITIONS SEC. 601. (a) F o r the purposes of this title, the following officers or Supervisory employees of the Department are supervisory employees: employees. (1) an individual holding a position in the Department a t 42 u s e 7211. GS-16, GS-17, or GS-18 of the General Schedule or at level I , 5 use 5332 note. I I , I I I , I V , or V of the Executive Schedule, or who is in a posi- 5 use tion at a comparable or higher level on any other Federal pay 5312-5316. scale, or who holds a position pursuant to subsection (b) or ( d ) of section 621, or who is an expert or consultant employed pur- suant to section 3109 of title 5, United States Code, for more t h a n ninety days in any calendar year and receives compensation at an annual rate equal to or in excess of the minimum rate pre- scribed for individuals at G S - 1 6 of the General Schedule; (2) the Director or Deputy Director of any State, regional, dis- trict, local, or other field office maintained pursuant to section 650 of this A c t ; (3) an employee or officer who has primary responsibility for the award, review, modification, or termination of any grant,
91 STAT. 592 PUBLIC LAW 9 5 - 9 1 — A U G . 4, 1977 contract, award, or fund transfer within the authority of the Secretary; and (4) any other employee or officer who, in the judgment of the Secretary, exercises sufficient decisionmaking or regulatory authority so t h a t the provisions of this title should apply to such individual. "Energy (b) F o r purposes of this title the term "energy concern" includes— concern.' (1) any person significantly engaged in the business of develop- ing, extracting, producing, refining, transporting by pipeline, con- verting into synthetic fuel, distributing, or soiling minerals for use as an energy source, or in the generation or transmission of energy from such minerals or from wastes or renewable resources; (2) any person holding an interest in property from which coal, natural gas, crude oil, nuclear material or a renewable resource is commercially produced or obtained; (3) any person significantly engaged in the business of pro- ducing, generating, transmitting, distributing, or selling electric power; (4) any person significantly engaged in development, produc- tion, processing, sale, or distribution of nuclear materials, facili- ties, or technology; (5) any person— ( A ) significantly engaged in the business of conducting research, development, or demonstration related to an activity described in p a r a g r a p h ( 1 ) , ( 2 ) , ( 3 ) , or (4) ; or ( B ) significantly engaged in conducting such research, development, or demonstration with financial assistance under any A c t the functions of which are vested in or dele- gated or transferred to the Secretary or the Department. List of energy (c) (1) T h e Secretary shall prepare and periodically publish a list concerns, of persons which the Secretary has determined to be energy concerns publication. as defined by subsection ( b ) . The absence of any particular energy concern from such list shall not exempt any officer or employee from the requirements of sections 602 through 606 of this Act. (2) A t the request of any officer or employee of the Department the Secretary shall determine whether any person is an energy concern as defined by subsection ( b ) . Energy concerns, (d) F o r the purposes of sections 6 0 2 ( a ) , 6 0 3 ( a ) , 6 0 5 ( a ) , and 606 knowledge of an individual shall be deemed to have known of or knowingly com- interest or mitted a described act or to have known of or knowingly held a positions. described interest, status, or position if the employee knew or should have known of such act, interest, status, or position. F o r the purposes of section 602(a) an officer or employee shall be deemed to have known of or knowingly held an interest in an energy concern if such interest is sold or otherwise transferred to his spouse or dependent while such officer or employee is, or within six months prior to the date on which such officer or employee becomes, an officer or employee of the Depart- ment. T h e placing of an interest under a trust by an individual shall not satisfy the requirement of section 602 or wnive the requirements of section 603 as to such interest unless none of the interests placed under such trust by such individual consists of known financial inter- ests in any energy concern. DIVESTITURE OF EISTERGY HOLDINGS BY SUPERVISORY OFFICIALS 42 u s e 7212. gEc. 602. (a) No supervisory employee shall knowingly receive compensation from, or hold any official relation with, any energy con-
PUBLIC LAW 9 5 - 9 1 — A U G . 4, 1977 91 STAT. 593 cern, or own stocks or bonds of any enoroy concern, or liave any pecu- niary interest therein. (b) Personnel traiisfeired to the Department pursuant to section Transferred 701 of tliis Act shall have six months to comply with the provisions personnel, of subsection (a) with i-espect to prohibited })i'operty holdings. Any compliance. person transferred pursuant to section 701 of this Act shall notify the Notice. Secietar}^ or his designee of all known circumstances which would be violative of the resti'ictions set forth in subsection (a) not later than thirty days after the date of such transfer, as detei'mined by the United States (^ivil Service Commission. (c) Where exceptional hardship would result, or where the inter- Waiver. est is a ])ension, insurance or other similarly vested interest, the Secretary is authorized to waive the reciuirements of this section for such period as he may presci'ibe with respect to any supervisory employee covered. Such waiver shall: (1) be published in the P\Hleral Register; Publication in (2) contain a finding by the Secretary t h a t exceptional hard- Federal Register. ship w^ould result or that theie is such a vested interest; and (3) state the pei'iod of the waiver and indicate the actions taken to minimize or eliminate the conflict of interest d u r i n g such period. (d) Any supervisory employee who continues to receive income from any energy concern, or continues to own property directly or indirectly in any such conceiii shall disclose such income or owner- ship pursuant to section 603. DISCLOSI'KE OF KNKROY ASSETS SEC. 603. (a) Each individual who at any time during the calendar Report, year serves as an officer oi- employee of the I)epartment shall disclose to 42 USC 7213. the Secretary— (1) the amount of income and the identity of the source of income knowdngly i-eceived by such individual, his spouse, or dependent from any energy concei'U, and (2) the identity and value of interest knowingly held in any such concern d u r i n g such calendar yeai'. Such i-eport shall be filed not later than thirty days after commencing service in the Department and on May 15 following each such calendar yeai-. Each report under this sub- section shall be in such form and niannei- as the Seci'etary shall, by rule, prescribe. . = = (b) The Secretary shall— (1) act, within ninety days after the effective date of this Act, by rule to establish the methods by which the requirement to file written statements specified in subsection (a) will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements, for the I'ecording by the reviewing official of any action taken to eliminate any poten- tial conflict, and for the signing of such statement by the review- ing official; and (2) include, as part of the report made pursuant to section 657, a report with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. (c) I n the rules prescribed in subsection ( b ) , the Seci'etary shall Exempt identify specific positions, or classes thereof, within the Department positions, which are of a nonregulatory or nonpolicymaking nature at or below GS-12 of the General Schedule and shall exempt such positions and 5 USC 5332 note.
91 STAT. 594 PUBLIC LAW 95-91—AUG. 4, 1977 the individuals occupying those positions from the requirements of this section. (d) Each individual required to file a report under this section who during any calendar year ceases to be an officer or employee of the Department shall file a report covering that portion of such year beginning on January 1 and ending on the date on which he ceases to be such an officer or employee, and such report shall be filed with the Secretary not later than thirty days after such date. Extension. (e) The Secretary may grant one or more reasonable extensions of time for filing any such report under this section but the total of such extensions shall not exceed ninety days. REPORT ON PRIOR EMPLOYMENT 42 use 7214. SEC. 604. (a) Within sixty days of becoming a supervisory employee of the department, each supervisory employee shall file with the Secretary, in such form and manner as the Secretary shall pre- scribe, a report identifying any energy concern which paid the report- ing individual compensation in excess of $2,500 in any of the previous Contents. five calendar years. The individual shall include in the report— (1) the name and address of each source of such compensation; (2) the period during which the reporting individual was receiving such compensation from each such source; (3) the title of each position or relationship the reporting individual held with each compensating source; and (4) a brief description of the duties performed or services rendered by the reporting individual in each such position. Exceptions. (b) Subsection (a) shall not require any individual to include in such report any information which is considered confidential as a result of a privileged relationship, recognized by law, between such individual and any person; nor shall it require an individual to report any information with respect to any person for whom services were provided by any firm or association of which such individual was a member, partner, or employee unless such individual was directly involved in the provision of such services. POSTEMPLOYMENT PROHIBITIONS AND REPORTING REQUIREMENTS 42 use 7215. SEC. 605. (a)(1) Except as provided in paragraph (2) or (3), no supervisory employee shall, within one year after his employment with the Department has ceased, knowingly— (A) make any appearance or attendance before, or (B) make any written or oral communication to, and with the intent to influence the action of; the Department if such appearance or communication relates to any particular matter which is pending before the Department. Exceptions. (2) Paragraph (1) shall not apply to any appearance, attendance, or communication made, during any part of such year that such indi- vidual is employed by, and is on behalf of, the United States; nor shall it apply to an appearance or communication by the former super- visory employee where such appearance or communication is made in response to a subpena, or concerns any matter of an exclusively per- sonal and individual nature such as pension benefits. National interest (3) Paragraph (1) shall not prohibit a former supervisory employee exception. with outstanding scientific or technological qualifications from Publication in making any appearance, attendance, or written or oral communica- Federal Register.
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 595 tion in connection with a particular matter in a scientific or tech- nological field if the Secretary or the Commission, as the case may be, makes a certification in writing, published in the Federal Register, that the national interest would be served by such action or appearance by such former supervisory employee. (b) (1) Each former supervisory employee of the Department shall Report, file with the Secretary, in such form and manner as the Secretary shall prescribe, not later tlian May 15 of the first and second calendar years following the first full year in which such person ceased to be an officer or employee of the Department, a report describing any employ- ment with any energy concern during the period to which such report relates, including any employment as a consultant, agent, attorney, or otherwise, except that the requirements of this subsection shall not apply to any former supervisory employee who, at the time such employment with the Department ceases, has any contract, prom- ise, or other agreement with respect to future employment with any energy concern, if (A) the former supervisory employee describes such agreement in any report filed within thirty days after the indi- vidual ceases to be an employee of the Department, and (B) the for- mer supervisory employee amends the report by May 15 of either of the next two years during which he has accepted employment with another energy concern, (2) Each report filed pursuant to paragraph (1) of this subsec- Contents, tion shall contain the name and address of the person filing the report, the name and address of the energy concern with which he holds or will hold employment during any portion of the period covered by the report, a brief description of his responsibilities for the energy concern, the dates of his employment, and such other pertinent infor- mation as the Secretary may require. PARTICIPATION PROHIBITIONS SEC. 606. (a) For a period of one year after terminating any 42 USC 7216. employment with any energy concern, no supervisory employee shall knowingly participate in any Department proceeding in which his former employer is substantially, directly, or materially involved, other than in a rulemaking proceeding which has a substantial effect on numerous energy concerns. (b) For a period of one year after commencing service in the Department, no supervisory employee shall knowingly participate in any Department proceeding for which, within the previous five years, he had direct responsibility, or in which he participated substantially or personally, while in the employment of any energy concern. (c) Whenever the Secretary makes a written finding as to a particu- Waiver, lar supervisory employee that the application of a particular restric- tion or requirement imposed by subsection (a) or (b) in a particular circumistance would work an exceptional hardship upon such super- visory employee or would be contrary to the national interest, the Secretary may waive in writing such restriction or requirement as to such supervisory employee. Any waiver made by the Secretary of a restriction imposed under subsection (b) shall also be filed with any record of the Department proceeding as to which the waiver for pur- poses of participation is granted. No such waiver shall in any instance r constitute a waiver of the requirements of section 207 of title 18, United States Code.
91 STAT. 596 PUBLIC LAW 95-91—AUG. 4, 1977 PR()( KDURES APPLICABLE TO REPORTS Reports, SEC. 607. ( a ) ( 1 ) P^xcept as provided in this section, the Secretary availability to sliall make each report tiled with him nnder section 603, 604, or 605 public. available to the public within thirty days after the receipt of such 42 u s e 7217. report, and shall provide a copy of any such report to any person upon written request. Fee. ("2) The Secretary may require any person receiving a copy of any report to pay a reasonable fee in any amount wdiich the Secretary finds necessary to recover the cost of reproduction or mailing of such report, excluding any salary of any employee involved in such reproduction or mailing. The Secretary may furnish a copy of any sucli report with- out charge, or at a reduced charge, if he determines that waiver or reduction of the fee is in the public interest because furnishing the information primarily benefits the public. (3) A n y report received by the Secretary shall be held in his custody and made available to the public for a period of six years after receipt by the Secretary of such report. After such six-year period, the Secre- t a r y shall destroy any such report. Audit. (b) T h e Civil Service Commission shall, under such regulations as are prescribed by the Commission, conduct, on a random basis, a suffi- cient number of audits of the reports filed pursuant to sections 603, 604, and 605, as deemed necessary and appropriate in order to monitor the accuracy and completeness of such reports. Findings and (c) The Secretary shall maintain a file containing all findings waivers file, and waivers made by him pursuant to section 602(c), 603(c), 6 0 5 ( a ) , availability to or 606(c) and all such findings and waivers shall be available for public. public inspection and copying at all times d u r i n g regular working hours in accordance wnth the procedures of this section. SANCTIONS 42 use 7218. SEC. 608. (a) Any individual who is subject to, and knowingly vio- lates, section 608 shall be fined not more than $2,500 or imprisoned not more t h a n one year, or both. (b) Any individual who violates section 602, 603, 604, 605, or 606 shall be subject to a civil penalty, assessed by the Secretary in accord- ance with applicable law or by any district court of the United States, not to exceed $10,000 for each violation. (c) Notwithstanding any penalty imposed under subsection ( a ) , any violation of section 605(a) shall be taken into consideration in deciding the outcome of any Department proceeding in connection with wdiich the prohibited appearance, attendance, communication, or submission was made. (d) Nothing in this title shall be deemed to limit the operation of section 207 or section 208 of title 18, United States Code. Nor shall any waiver issued pursuant to section 602(c) constitute a w^aiver of the requirements of such provision. " P A R T B — P E R S O N N E L PROVISIONS OFFICERS AND EMPLOYEES 42 u s e 7231. SEC. 621. (a) I n the performance of his functions the Secretary is authorized to appoint and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out such functions. Except as otherwise provided in this section, such officers
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 597 and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, L^nited States Code. (b) (1) Subject to the limitations provided in p a r a g r a p h (2) and to the extent the Secretary deems such action necessary to the dis- charge of his functions, he may appoint not more than three hundred eleven of the scientific, engineering, professional, and administrative personnel of the department without regard to the civil service laws, and may fix the compensation of such personnel not in excess of the maxinnnn rate pavable for GS-18 of the General Schedule under sec- tion 5332 of title 5,'United States Code. 5 USC 5332 note. (2) T h e Secretary's authority under this subsection to appoint an individual to such a position without regard to the civil service laws shall cease— ( A ) when a person appointed, within four years after the effec- tive date of this Act, to fill such position under p a r a g r a p h (1) leaves such position, or ( B ) on the day which is four years after such effective date, whichever is later. (c) (1) Subject to the provisions of chapter 51 of title 5, United States Code, but notwithstanding the last two sentences of section 5 USC 5101. 5108(a) of such title, the Secretary may place at GS-16, GS-17, and GS-1<S. not to exceed one hundred seventy-eight positions of the posi- tions subject to the limitation of the first sentence of section 5108(a) of su'^'h title. (2) Appointments under this subsection may be made without regard to the provisions of sections 3324 of title 5, United States Code, relating to the approval by the Civil Service Commission of appoint- ments under GS-16, GS-17, and GS-18 if the individual placed in such position is an individual who is transferred in connection with a transfer of functions under this Act and who, immediately before the effective date of this Act, held a position and duties comparable to those of such position. (3) The Secretary's authority under this subsection with respect to any position shall cease when the person first appointed to fill such position leaves such position. (d) I n addition to the number of positions which may be placed • at GS-16, GS-17, and G S - 1 8 under section 5108 of title 5, United States Code, under existing law. or under this Act and to the extent the Secretary deems such action necessai-y to the discharge of his func- tions, he may appoint not more than two hundred of the scientific, engineering, professional, and administrative personnel without regard to the civil service laws and may fix the compensation of such per- sonnel not in excess of the maximum rate payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code. (e) F o r the purposes of determining the maximum aggregate number of positions which may be placed at GS-16, GS-17, or G S - 1 8 under section 5108(a) of title 5, United States Code, 63 percent of the positions established under subsections (b) and (c) shall be deemed GS-16 positions, 25 percent of such positions shall be deemed GS-17 positions, and 12 percent of such positions shall be deemed GS-18. SENIOR POSITIONS SEC. 622. I n addition to those positions created by title I I of this 42 USC 7232. Act, there shall be within the Department fourteen additional officers ^«^e' P- 569. in positions authorized by section 5316 of title 5. United States Code, who shall be appointed by the Secretary and who shall perform such functions as the Secretary shall prescribe from time to time.
9 1 STAT. 598 PUBLIC LAW 9 5 - 9 1 — A U G . 4, 1977 EXPERTS AND CONSULTANTS 42 u s e 7233. SEC. 623. The Secretary may obtain services as authorized by section 3109 of title 5, United States Code, at rates not to exceed the daily rate prescribed for grade G S - 1 8 of the General Schedule under section 5 u s e 5332 note. 5332 of title 5, United States Code, for persons in Government service employed intermittently. ADVISORY COMMITTEES Establishment. SEC. 624. (a) The Secretary is authorized to establish in accordance 42 u s e 7234. with the Federal Advisory Committee Act such advisory committees 5 u s e app. as he may deem appropriate to assist in the performance of his func- tions. Members of such advisory committees, other than full-time employees of the Federal Government, while attending meetings of such committees or while otherwise serving at the request of the Sec- retary while serving away from their homes or regular places of busi- ness, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay. Meetings. (b) Section 17 of the Federal E n e r g y Administration Act of 1974 15 u s e 776. shall be applicable to advisory committees chartered by the Secretary, or transferred to the Secretary or the Department under this Act, except t h a t where an advisory committee advises the Secretary on matters pertaining to research and development, the Secretary may determine t h a t such meeting shall be closed because it involves research and development matters and comes within the exemption of section 552b (c) (4) of title 5, United States Code. ARMED SERVICES PERSONNEL 42 u s e 7235. S E C 625. (a) The Secretary is authorized to provide for participa- tion of Armed Forces personnel in carrying out functions authorized to be performed, on the date of enactment of this Act, in the E n e r g y Research and Development Administration and under chapter 641 of 10 u s e 7421 et title 10, United States Code. Members of the A r m e d Forces may be ^^l- detailed for service in the Department by the Secretary concerned (as such term is defined in section 101 of such title) pursuant to cooperative agreements with the Secretary. (b) The detail of any personnel to the Department under this sec- tion shall in no way affect status, office, rank, or grade which officers or enlisted men may occupy or hold or any emolument, perquisite, right, privilege, or benefit incident to, or arising out of, such status, office, rank, or grade. Any member so detailed shall not be charged against any statutory or other limitation or strengihs applicable to the Armed P'orces, but shall be charged to such limitations as may be applicable to the Department. A member so detailed shall not be subject to direction or control by his a n n e d force, or any officer thereof, directly or indirectly, with respect to the responsibilities exercised in the position to which detailed. * P A R T C — G E N E R A L ADMINISTRATIVE PROVISIONS GENERAL AUTHORITY 42 u s e 7251. SEC. 641. To the extent necessary or appropriate to perform any function transferred by this Act, the Secretary or any officer or employee of the Department may exercise, in carrying out the func- tion so transferred, any authority or p a r t thereof available by law,
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 599 including appropriation Acts, to the official or agency from which such function was transferred. DELEGATION SEC. 642. Except as otherwise expressly prohibited by law, and except 42 USC 7252. as otherwise provided in this Act, the Secretary may delegate any of his functions to such officers and employees of the Department as he may designate, and may authorize such successive redelegations of such functions within the Department as he may deem to be necessary or appropriate. REORGANIZATION SEC. 643. The Secretary is authorized to establish, alter, consolidate 42 USC 7253. or discontinue such organizational units or components within the Department as he may deem to be necessary or appropriate. Such authority shall not extend to the abolition of organizational units or components established by this Act, or to the transfer of functions vested by this Act in any organizational unit or component. RULES SEC. 644. The Secretary is authorized to prescribe such procedural 42 USC 7254. and administrative rules and regulations as he may deem necessary or appropriate to administer and manage the functions now or here- after vested in him. SUBPENA SEC. 645. For the purpose of carrying out the provisions of this Act, 42 USC 7255. the Secretary, or his duly authorized agent or agents, shall have the same powers and authorities as the Federal Trade Commission under section 9 of the Federal Trade Commission Act with respect to all 15 USC 49. functions vested in, or transferred or delegated to, the Secretary or such agents by this Act. CONTRACTS SEC. 646. (a) The Secretary is authorized to enter into and perform 42 USC 7256. such contracts, leases, cooperative agreements, or other similar trans- actions with public agencies and private organizations and persons, and to make such payments (in lump sum or installments, and by way of advance or reimbursement) as he may deem to be necessary or appropriate to carry out functions now or hereafter vested in the Secretary. (b) Notwithstanding any other provision of this title, no authority to enter into contracts or to make payments under this title shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts. ACQUISITION A N D M A I N T E N A N C E OF PROPERTY SEC. 647. The Secretary is authorized to acquire (by purchase, lease, 42 USC 7257. condemnation, or otherwise), construct, improve, repair, operate, and maintain laboratories, research and testing sites and facilities, quarters and related accommodations for employees and dependents of employees of the Department, personal property (including pat- ents), or any interest therein, as the Secretary deems necessary; and to provide by contract or otherwise for eating facilities and other necessary facilities for the health and welfare of employees of the Department at its installations and purchase and maintain equipment therefor.
9 1 STAT. 600 PUBLIC LAW 9 5 - 9 1 — A U G . 4, 1977 FACILITIES CONSTRUCTIOIsr ,.*.,;., 42 u s e 7258. SEC. 648. (a) A s necessary and when not otherwise available, the Secretary is authorized to provide for, construct, or maintain t h e following for employees and their dependents stationed at remote locations: (1) Emergency medical services and supplies; (2) Food and other subsistence supplies; (3) Messing facilities; (4) Audio-visual equipment, accessories, and supplies for rec- reation and t r a i n i n g ; Reimbursement. (5) Reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons; (6) Living and working quarters and facilities; and Educational (7) Transportation of schoolage dependents of employees to transportation. the nearest appropriate educational facilities. Reasonable (b) T h e furnishing of medical treatment under p a r a g r a p h (1) of prices. subsection (a) and the furnishing of services and supplies under p a r a - g r a p h s (2) and (3) of subsection (a) shall be at prices reflecting reasonable value as determined by the Secretary. Reimbursement (c) Proceeds from reimbursements under this section shall be proceeds, use. deposited in the Treasury and may be w i t h d r a w n by the Secretary to pay directly the cost of such work or services, to repay or make advances to appropriations of funds which will initially bear all or a p a r t of such cost, or to refund excess sums when necessary. Such ; payments may be credited to a working capital fund otherwise estab- lished by law, including the fund established pursuant to section 653 of this xVct, and used under the law governing such fund, if the fund is available for use by the D e p a r t m e n t for performing the work or services for which payment is received. USE o r FACILITIES U.S. and foreign SEC. 649. (a) W i t h their consent, the Secretary and the Federal government E n e r g y Regulatory Commission may, with or without reimbursement, facilities. use the research, equipment, and facilities of any agency or instru- 42 u s e 7259. mentality of the United States or of any State, t h e District of Colum- bia, the Commonwealth of P u e r t o Rico, or any territory or possession of the United States, or of any political subdivision thereof, or of any foreign government, in carrying out any function now or hereafter vested in the Secretary or the Commission. (b) I n carrying out his functions, the Secretary, under such terms, at such rates, and for such periods not exceeding five years, as he may deem to be in the public interest, is authorized to permit the use by public and private agencies, corporations, associations, or other organizations or by individuals of any real property, or any facility, structure, or other improvement thereon, under the custody of t h e Secretary for Department purposes. T h e Secretary may require per- mittees under this section to recondition and maintain, at their own expense, the real property, facilities, structures, and improvements involved to a satisfactory standard. This section shall not apply to excess property as defined in 3(e) of the Federal P r o p e r t y and 40 u s e 472. Administrative Services Act of 1949. Reimbursement (c) Proceeds from reimbursements under this section shall be proceeds, use. deposited in the Treasury and may be withdrawn by the Secretary or the head of the agency or instrumentality of the U n i t e d States
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 601 involved, as the case may be, to pay directly the costs of the equipment, or facilities provided, to repay or make advances to appropriations or funds which do or will initially bear all or a p a r t of such costs, or to refund excess sums when necessary, except that such proceeds may be credited to a working capital fund otherwise established by law, including the fund established pursuant to section 653 of this Act, and used under the law governing such fund, if the fund is available for use for providing the equipment or facilities involved. • FIELD OFFICES SEC. 650. The Secretary is authorized to establish, alter, consolidate 42 u s e 7260. or discontinue and to maintain such State, regional, district, local or other field offices as he may deem to be necessary to carry out functions vested in him. COPYRIGHTS SEC. 651. The Secretary is authorized to acquire any of the follow- 42 use 7261. ing described rights if the property acquired thereby is for use by or for, or useful to, the D e p a r t m e n t : (1) copyrights, patents, and applications for palenis, designs, processes, and manufacturing d a t a ; (2) licenses under copyrights, patents, and applications for p a t e n t s ; and (3) releases, before suit is brought, for past infringement of patents or copyrights. GIFTS AXD BEQUESTS SEC. 652. The Secretary is authoi-ized to accept, hold, administer, 42 u s e 7262. and utilize gifts, bequests, and devises of property, both real and per- sonal, for the purpose of aiding or facilitating the work of the Depart- ment. Gifts, bequests, and devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be disbursed upon the order of the Secretary. Property accepted pursuant to this section, and the i^ro- ceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift, bequest, or devise. F o r the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift, bequest, or devise to the United States. ': ; CAPITAL FUND : ^ SEC. 653. The Secretary is authorized to establish a working capital Establishment. fund, to be available without fiscal year limitation, for expenses neces- 42 u s e 7263. sary for the maintenance and operation of such common administrative services r.s he shall find to be desirable in the interests of economy and efficiency, including such services as a central supply service for sta- tionery and other supplies and e^niipment for wliich adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its agencies; centi'al messenger, mail, telephone, and other communications services; office space, central services for docu- ment reproduction, and for graphics and visual aids; and a central library service. The capital of the fund shall consist of any appropria- Contents. tions made for the purpose of providing capital (which appropriations are hereby r.uthorized) and the fair and reasonable value of such stocks
91 STAT. 602 PUBLIC LAW 95-91—AUG. 4, 1977 of supplies, equipment, and other assets and inventories on order as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations. Such funds shall be reimbursed in advance from available funds of agencies and offices in the Department, or from other sources, for supplies and services at rates which will approxi- mate the expense of operation, including the accrual of annual leave and the depreciation of equipment. The fund shall also be credited with receipts fiom sale or exchange of property and receipts in pay- ment for loss or damage to property owned by the fund. There shall be covered into the United States Treasury as miscellaneous receipts any surplus found in the fund (all assets, liabilities, and prior losses considered) above the amounts transferred or appropriated Transfers. to establish and maintain said fund. There shall be transferred to the fund the stocks of supplies, equipment, other assets, liabilities, and unpaid obligations relating to the services which he determines will be performed through the fund. Appropriations to the fund, in such amounts as may be necessai-y to provide additional w^orking capital, are authorized. SEAL OF DEPARTMENT 42 use 7264. SEC. 654. The Secretary shall cause a seal of office to be made for the Department of such design as he shall approve and judicial notice shall be taken of such seal. REGIONAL E N E R O r ADVISORY BOARDS Establishment. SEC. 655. (a) The Governors of the various States may establish 42 use 7265. Regional Energy Advisory Boards for their regions with such mem- bership as they may determine. Observers. (b) Representatives of the Secretary, the Secretary of Commerce, the Secretary of the Interior, the Chairman of the Council on Environ- mental Quality, the Commandant of the Coast Guard and the Admin- istrator of the Environmental Protection Agency shall be entitled to participate as observers in the deliberations of any Board established pursuant to subsection (a) of this section. The Federal Cochairman of the Appalachian Regional Commission or any regional commission 42 use 3181. under title V of the Public Works and Economic Development Act shall be entitled to participate as an observer in the deliberations of any such Board which contains one or more States which are members of such Commission. Recommenda- (c) Each Board established pursuant to subsection (a) may make tions. such recommendations as it determines to be appropriate to programs of the Department having a direct effect on the region. (d) If any Regional Advisory Board makes specific recommenda- tions pursuant to subsection (c). the Secretary shall, if such recom- mendations are not adopted in the implementation of the program, notify the Board in writing of his reasons for not adopting such recommendations. DESIGNATION OF CONSERVATION OFFICERS 42 use 7266. SEC. 656. The Secretary of Defense, the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Agriculture, the Secretary of the Interior, the United States Postal Service, and the Administrator of General Services shall each designate one Assistant Secretary or
PUBLIC LAW 9 5 - 9 1 — A U G . 4, 1977 91 STAT. 603 Assistant Administrator, as the case may be, as the principal conserva- tion officer of such D e p a r t m e n t or of the Administration. Such designated principal conservation officer shall be principally respon- sible for planning and implementation of energy conservation pro- grams by such Department or Administration and principally responsible for coordination with the Department o,f Energy with respect to energy matters. E a c h agency, Department or Administration List, publication, required to designate a principal conservation officer pursuant to this section shall periodically inform the Secretary of the identity of such conservation officer, and the Secretary shall periodically publish a list identifying such officers. A N N U A L REPORT SEC. 657- T h e Secretary shall, as soon as practicable after the Report to end of each hscal year, commencing with the first complete fiscal year President for following the effective date of this Act, make a report to the President transmittal to Congress. for submission to the Congress on the activities of the Department 42 u s e 7267. d u r i n g the preceding fiscal year. Such report shall include a state- Contents. ment of the Secretary's goals, priorities, and plans for the Department, together with an assessment of the progress made toward the attain- ment of those goals, the effective and efficient management of the Department, and progress made in coordination of its functions with other departments and agencies of the Federal Government. I n addi- tion, such report shall include the information required by section 15 of the Federal E n e r g y Administration Act of 1974, section 307 of 15 u s e 774. the E n e r g y Reorganization Act of 1974, and section 15 of the Federal 42 u s e 5877. Nonnuclear E n e r g y Research and Development Act of 1974, and shall 42 u s e 5914. include: (1) projected energy needs of the United States to meet the Energy needs. requirements of the general welfare of the people of the United States and the commercial and industrial life of the Nation, including a comprehensive summary of data pertaining to all fuel and energy needs of residents of the United States residing in— ( A ) areas outside standard metropolitan statistical areas; and ( B ) areas within such areas which are unincorporated or are specified by the Bureau of the Census, Department of Commerce, as r u r a l areas; (2) an estimate of ( A ) the domestic and foreign energy sup- Energy supply. ply on which the United States will be expected to rely to meet such needs in an economic manner with due regard for the pro- tection of the environment, the conservation of natural resources, and the implementation of foreign policy objectives, and ( B ) the quantities of energy expected to be provided by different sources (including petroleum, natural and synthetic gases, coal, uranium, hydroelectric, solar, and other means) and the expected means of obtaining such quantities; (3) current and foreseeable trends in the price, quality, man- Trends. agement, and utilization of energy resources and the effects of those trends on the social, environmental, economic, and other requirements of the N a t i o n ; (4) a summary of research and development efforts funded by Research and the Federal Government to develop new technologies, to forestall Development. energy shortages, to reduce waste, to foster recycling, to encour-
91 STAT. 604 PUBLIC LAW 95-91—AUG. 4, 1977 age conservation practices, and to increase efficiency; and further such summary shall include a description of tlie activities the D e p a r t m e n t is performing in support of environmental, social, economic and institutional, biomedical, physical and safety research, development, demonstration, and monitoring activities necessary to guarantee t h a t technological programs, funded by the Department, are nndertaken in a manner consistent with and capable of maintaining or improving the quality of the environ- ment and of mitigating any undesirable environmental and safety impacts; (5) a review and appraisal of the adequacy and appropriate- ness of technologies, procedures, and practices (including com- petitive and regulatory practices) employed by F e d e r a l / S t a t e , and local governments and nongovernmental entities to achieve the purposes of this A c t ; Recommenda- (6) a summary of cooperative and voluntary efforts t h a t have tions. been mobilized to promote conservation and recycling, together with plans for such efforts in the succeeding fiscal year, and rec- ommendations for changes in laws and regulations needed to encourage more conservation and recycling by all segments of the Nation's populace; (7) a summary of substantive measures taken by the Depart- ment to stimulate and encourage the development of new man- power resources through the Nation's colleges and universities and to involve these institutions in the execution of the Depart- ment's research and development p r o g r a m s ; and Foreign entities (8) to the extent practicable, a summary of activities in the operating in the United States by companies or persons which are foreign owned U.S., activity or controlled and which ow^n or control United States energy summary. sources and supplies, including the magnitude of annual foreign direct investment in the energy sector in the United States and exports of energy resources from the United States by foreign owned or controlled business entities or persons, and such other related matters as the Secretary may deem appropriate. LEASING REPORT Submittal to SEC. 658. T h e Secretary of the Interior shall submit to the Congress Congress. not later than one year after the date of enactment of this Act, a report 42 u s e 7268. on the organization of the leasing operations of the P'ederal Govern- ment, together with any recommendations for reorganizing such func- - tions may deem necessary or appropriate. TRANSFER OF FUNDS 42 u s e 7269. SEC. 659. The Secretary, when authorized in an appropriation Act, in any fiscal year, may transfer funds from one appropriation to another within the Department, except that no appropriation shall be .ni either increased or decreased pursuant to this section by more t h a n 5 per centum of the appropriation for such fiscal year. AUTHORIZATION OF APPROPRIATIONS 42 u s e 7270. SEC. 660. Appropriations to carry out the provisions of this Act shall be subject to annual authorization.
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 605 T I T L E VII—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL SEC. 701. (a) Except as otherwise provided in this Act, the personnel 42 USC 7291. employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations author- izations, allocations, and other funds employed, held, used, arising from, available to or to be made available in connection with the func- tions transferred by this Act, subject to section 202 of the Budget and Accounting Procedure Act of 1950, are hereby transferred to the Sec- 31 USC 581c. retary for appropriate allocation. Unexpended funds transferred pur- suant to this subsection shall onlj be used for the purposes for which the funds were originally authorized and appropriated. (b) Positions expressly specified by statute or reorganization plan to carry out function transferred by this Act, personnel occupying those positions on the effective date of this Act, and personnel author- ized to receive compensation in such positions at the rate prescribed for offices and positions at level I, I I , I I I , IV, or V of the executive .schedule (5 U.S.C. 5312-5316) on the effective date of this Act, shall be subject to the provisions of section 703 of this Act. EFFECT ON PERSONNEL t SEC. 702. (a) Except as otherwise provided in this Act, the transfer 42 USC 7292. pursuant to this title of full-time personnel (except special Govern- ment employees) and part-time personnel holding permanent positions pursuant to this title shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of enactment of this Act, except that full-time temporary personnel employed at the Energy Research Centers of the Energy Research and Development Administration upon the establishment of the Depart- ment who are determined by the Department to be performing continu- ing functions may at the employee's option be converted to permanent full-time status within one hundred and twenty days following their transfer to the Department. The employment levels of full-time per- manent personnel authorized for the Department by other law or administrative action shall be increased by the number of einployees who exercise the option to be so converted. (b) Any person who, on the effective date of this Act, held a posi- tion compensated in accordance with the Executive Schedule pre- scribed in chaj)ter 53 of title 5, United States Code, and who, without 5 USC 5301 et a break in service, is appointed in the Department to a position having s«q- duties comparable to those performed immediately preceding his appointment shall continue to be compensated in his new position at not less than the rate provided for his previous position, for the duration of his service in the new position. (c) Employees transferred to the Department holding reemploy- ment rights acquired under section 28 of the Federal Energy Admin- istration Act of 1974 or any other provision of law or regulation may 15 USC 786, exercise such rights only within one hundred twenty days from the effective date of this Act or within two years of acquiring such rights, whichever is later. Reemployment rights may only be exercised at the request of the employee.
91 STAT. 606 PUBLIC LAW 95-91—AUG. 4, 1977 AGENCY TERMINATIONS ' 42 use 7293. SEC. 703. 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 thereof, 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. If an agency, commission, or other body, or any component thereof, ter- minates pursuant to the preceding sentence, each position and office therein which 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 I I , I I I , IV, or V of the Executive Schedule (5 U.S.C. 5313-5316), shall terminate. INCIDENTAL TRANSFERS 42 use 7294. SEC. 704. The Director of the Office of Management and Budget, in consultation with the Secretary and the Commission, is authorized and directed to make such determinations as may be necessary with regard to the transfer of functions which relate to or are utilized by an agency, commission or other body, or component thereof affected by this Act, to make such additional incidental dispositions of person- nel, 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 con- nection with the functions transferred by this Act, as he may deem necessary to accomplish the purposes of this Act. SAVINGS PROVISIONS 42 use 7295. jgEc. 705. (a) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act to the Department or the Commission after the date of enact- ment of this Act, and (2) which are in effect at the time this Act takes effect, shall continue in effect according to their terms until modified, termi- nated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, the Federal Energy Regulatory Commis- sion, or other authorized officials, a court of competent jurisdiction, or by operation of law. (b) (1) The provisions of this Act shall not affect any proceedings or any application for any license, permit, certificate, or financial assistance pending at the time this Act takes effect before any depart- ment, agency, commission, or component thereof, functions of which are transferred by this Act; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such 6rders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of com- petent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 607 such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (2) The Secretary and the Commission are authorized to promul- Regulations, gate regulations providing for the orderly transfer of such proceed- ings to the Department or the Commission. (c) Except as provided in subsection (e) — (1) the provisions of this Act shall not affect suits commenced prior to the date this Act takes effect, and, (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (d) No suit, action, or other proceeding commenced by or against any officer in his official capacity 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. 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 thereof in his official capacity shall abate by reason of the enactment of this Act. (e) If, before the date on which this Act takes effect, any depart- '^ ment or agency, or officer thereof in his official capacity, is a party to a suit, and under this Act any function of such department, agency, or officer is transferred to the Secretary or any other official, then such suit shall be continued with the Secretary or other official, as the case may be, substituted. SEPARABILITY SEC. 706. If any provision of this Act or the application thereof 42 use 7296. to any person or circumstance is held invalid, neither the remainder of this Act nor the application of such provision to other persons or circumstances shall be affected thereby. REFERENCE SEC. 707. With respect to any functions transferred by this Act 42 USC 7297. 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 d emed to refer to the Secretary, the Federal Energy Regulatory Commission, or other official or component of the Department in which this Act vests such functions. PRESIDENTIAL AUTHORITY SEC. 708. Except as provided in title IV, nothing contained in this 42 USC 7298. Act shall be construed to limit, curtail, abolish, or terminate any func- tion of, or authority available to, the President which he had immedi- ately before the effective date of this Act; or to limit, curtail, abolish, or terminate his authority to delegate, redelegate, or terminate any delegation of functions. AMENDMENTS SEC. 709. (a) The Federal Energy Administration Act of 1974 is 15 USC 761 note. amended: Repeals. (1) by repealing sections 4,9,28, and 30; 15 USC 763, (2) in section 7— 768, 786, 761 (A) by striking out subsections (a) and (b) and redesig- note. 15 USC 766. nating subsection (c) as subsection (a) ; 29-19U 0 - 8 0
9 1 STAT. 608 PUBLIC LAW 9 5 - 9 1 — A U G . 4, 1977 15 u s e 766. ( B ) by striking out subsections ( d ) , ( e ) . ( f ) , ( g ) , a n d (h) ; (C) bv striking out ' ' ( i ) ( 1 ) " and bv striking out subpara- g r a p h s ( A ) , ( B ) , ( C ) , ( E ) , and ( F ) of subsection (i) (1) and redesignating s u b p a r a g r a p h ( D ) of such subsection as subsection ( b ) ; (D^ by striking out, in the matter redesignated as subsec- tion ( b ) , "the rules,^ regulations, or orders described in para- g r a p h ( A ) " and inserting in lieu thereof "any rule or regulation, or any order having the applicability and effect of a rule as defined in section 551(4) of title 5, United States Code, p u r s u a n t to this A c t " ; ( E ) by striking out, in such subsection, " p a r a g r a p h (2) of this subsection" and inserting in lieu thereof "subsec- tion ( c ) " ; ( F ) by redesignating p a r a g r a p h (2) ( A ) of subsection (i) as subsection (c) and by striking out s u b p a r a g r a p h ( B ) of subsection (i) ( 2 ) ; and ( G ) by striking out p a r a g r a p h (3) of subsection (i) and by striking out subsections (j) and ( k ) ; 15 u s e 790a. (8) in section 52(a) — ( A ) by striking out " a n d " at the end of p a r a g r a p h ( 2 ) ; ( B ) by striking out the period at the end of p a r a g r a p h (3) and inserting in lieu thereof " ; a n d " ; and (C) by adding after such p a r a g r a p h (3) the following new p a r a g r a p h : 15 u s e 717w. " ( 4 ) the States to the extent required by the Natural Gas Act 16 u s e 791a. and the Federal Power Act.": and 15 u s e 790d. (4) in section 55(b) — ( A ) bv striking out "seven" and inserting in lieu thereof "six"; ( B ) by inserting " a n d " after "Federal T r a d e Commis- sion :"; and (C) by striking out "one shall be designated by the Chair- man of the Federal Power Commission; and". Repeal. (b) The E n e r g y Reorganization Act of 1974 is amended by repeal- 42 u s e 5818. ing section 108. Repeal. (c) (1) The Atomic E n e r g y Act of 1954 is amended by repealing 42 u s e 2036. section 26. 42 u s e 2201 (2) Section 161(d) of the Atomic E n e r g y Act of 1954 shall not note. apply to functions transferred by this Act. (d) I n section 509 ( e ) ( 6 ) and (e) of title 5 of the Housing and 12 u s e 1701Z-8. U r b a n Development Act of 1970, add "the Secretary of Housing and T'rban Development." to those individuals and agencies with whom the Secretary of tl\e Department of E n e r g y must consult. (e) The E n e r g y Conservation S t a n d a r d s for Xew Buildings Act of 1976 is amended as follows: 42 u s e 6833. (1) in section 304(c), by inserting "the Secretary of Housing and U r b a n Development," after "the Administrator,"; and 42 u s e 6839. (2) in section 310, by inserting "Secretary of Housing and U r b a n Development," after "the Administrator,". Loans, criteria. (f) The Rural Electrification Act of 1936 is amended by adding a new section 16 to title I thereof to read as follows: 7 u s e 916. " S E C . 16. I n order to insure coordination of electric generation and transmission financing under this Act with the national energy policy, the Administrator in making or guaranteeing loans for the construc- tion, operation, or enlargement of irenerating plants or electric trans- mission lines or systems, shall consider such general criteria consistent
PUBLIC LAW 9 5 - 9 1 - A U G . 4, 1977 91 STAT. 609 with the provisions of this Act as may be published by the Secretary of Energy.". (g) Section 19(d) (1) of title 3, United States Code, is amended by inserting immediately before the period at the end thereof the follow- ing : ", Secretary of Energy". ADMINISTRATIVE AMENDMENTS SEC. 710. (a) Section 101 of title 5, United States Code is amended by adding at the end thereof the following: "The Department of Energy.". (b) Subsection (a) of section 5108 of title 5, United States Code, is amended by striking out "an aggregate of 2,754" and inserting in lieu thereof "an aggregate of 3,243". (c) Section 5312 of title 5, United States Code, is amended by add- ing at the end thereof the following: "(14) Secretary of Energy.". (d) Paragraph (22) of section 5313 of title 5, United States Code, is amended to read as follows: ... " (22) Deputy Secretary of Energy.". (e) Section 5314 of title 5, United States Code, is amended by strik- ing out, in paragraph (21), "Federal Power Commission" and by inserting in lieu thereof "Federal Energy Regulatory Commission", and by amending paragraph (60) to read as follows: " (60) Under Secretary, Department of Energy". (f) Section 5315 of title 5, United States Code, is amended by strik- ing out, in paragraph (60), "Federal Power Commission" and insert- , .:. ing in lieu thereof "Federal Energy Regulatory Commission", by striking out paragraph 102, and by adding at the end of the section the following: " (114) Assistant Secretaries of Energy (8). " (116) General Counsel of the Department of Energy. "(116) Administrator, Economic Regulatory Administration, Department of Energy. "(117) Administrator, Energy Information Administration, Department of Energy. "(118) Inspector General, Department of Energy. "(119) Director, Office of Energy Research, Department of Energy.". (g) Paragraphs (135) and (136) of section 5316 of title 5, United States Code, are amended to read as follows: "(135) Deputy Inspector General, Department of Energy. "(136) Additional Officers, Department of Energy (14).". TRANSITION SEC. 711. With the consent of the appropriate department or agency 42 USC 7299. head concerned, the Secretary is authorized to utilize the services of such 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. CIVIL SERVICE C O M M I S S I O N REPORT SEC. 712. The Civil Service Commission shall, as soon as practicable Transmittal to but not later than one year after the effective date of this Act, prepare Congress. '^ ^ 42 USC 7300.
9 1 STAT. 610 PUBLIC LAW 9 5 - 9 1 — A U G . 4, 1977 and transmit to the Congress a report on the effects on employees of Contents. the reorganization under this Act, which shall include— (1) an identification of any position within the Department or elsewhere in the executive branch, which it considers unnecessary due to consolidation of functions under this A c t ; (2) a statement of the number of employees entitled to pay sav- ings by reason of the reorganization under this A c t ; (3) a statement of the number of employees who are voluntarily or involuntarily se])arated by reason of such reorganization; (4) an estimate of the personnel costs associated with such reorganization; (0) the eft'ects of such reorganization on labor management relations: and (6) such legislative and administrative recommendations for improvements in personnel management within the Department as the Commission considers necessary. EXVIROXMEXTAL IMPACT STATEMEXTS 42 u s e 7301. SEC. 713. The transfer of functions under titles I I I and I V of this Act shall not affect the validity of any draft environmental impact statement published before the effective date of this Act. TITLE VIII—ENERGY PLAXXIXG XATIONAL EXERGY POLICY PLAX 42 u s e 7321. S E C 801. (a) T h e President shall— (1) prepare and submit to the Congress a proposed National Energy Policy P l a n (hereinafter in this title referred to as a ''proposed P l a n ' ' ) as provided in subsection (b) ; (2) seek the active participation by regional, State, and local agencies and instrumentalities and the private sector t h r o u g h public hearings in cities and rural communities and other appro- priate means to insure t h a t the views and proposals of all seg- ments of the economy are taken into account in the formulation and review of such proposed P l a n ; (3) include within the proposed P l a n a comprehensive sum- mary of data pertaining to all fuel and energy needs of persons residing in— ( A ) areas outside standard metropolitan statistical areas; and ( B ) areas within standard metropolitan statistical areas which are unincorporated or are specified by the Bureau of the Census, Department of Commerce, as rural areas. Biennial (b) Xot later than April 1. 1079. and biennially thereafter, the transmittal to President shall transmit to the Congress the proposed Plan. Such Congress. proposed P l a n shall— Contents. ^-j^^ consider and establish energy production, utilization, and conservation objectives, for periods of five and ten years, necessary to satisfy projected energy needs of the United States to meet the requirements of the general welfare of the people of the L^nited States and the commercial and industrial life of the Nation, pay- ing particular attention to the needs for full employment, price ' stability, energv security, economic growth, environmental pro- tecticm, nuclear non-i)roliferation. special regional needs, and the efficient utilization of public and private resources;
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 611 (2) identify the strategies that should be followed and the resources that should be conunitted to achieve such objectives, forecasting the level of production and investment necessary in each of the significant energy supply sectors and the level of con- servation and investment necessary in each consuming sector, and outlining the appropriate policies and actions of the Federal Government that will maximize the private production and invest- ment necessary in each of the significant energy supply sectors consistent with applicable Federal, State, and local environmental laws, standards, and requirements; and (3) recommend legislative and administrative actions neces- sary and desirable to achieve the objectives of such proposed Plan, including legislative recommendations with respect to taxes or tax incentives, Federal funding, regulatory actions, antitrust policy, foreign policy, and international trade. (c) The President shall submit to the Congress with the proposed Report to Plan a report which shall include— Congress. (1) whatever data and analysis are necessary to support the objectives, resource needs, and policy recommendations contained in such proposed Plan; (2) an estimate of the domestic.and foreign energy supplies on which the United States will be expected to rely to meet projected energy needs in an economic manner consistent with the need to - ^ '• protect the environment, conserve natural resources, and imple- ment foreign policy objectives; (3) an evaluation of current and foreseeable trends in the price, quality, management, and utilization of energy resources and the effects of those trends on the social, environmental, economic, and other requirements of the Nation; (4) a summary of research and development efforts funded by the Federal Government to forestall energy shortages, to reduce waste, to foster recycling, to encourage conservation practices, and to otherwise protect environmental quality, including recommen- dations for developing technologies to accomplish such purposes; and (5) a review and appraisal of the adequacy and appropriate- ness of technologies, procedures, and practices (including com- petitive and regulatory practices) employed by Federal, State, and local governments and nongovernmental entities to achieve the purposes of the Plan. (d) The President shall insure that consumers, small businesses, Consultation, and a wide range of other interests, including those of individual citi- zens who have no financial interest in the energy industry, are con- sulted in the development of the Plan. CONGRESSIONAL REVIEW SEC. 802. (a) Each proposed Plan shall be referred to the appro- Plan, referral to priate committees in the Senate and the House of Kepresentatives. congressional (b) Each such committee shall review the proposed Plan and, if committees. it deems appropriate and necessary, report to the Senate or the House 42 use 7322. Report to of Representatives legislation regarding such Plan which may contain Congress. such alternatives to, modifications of, or additions to the proposed Plan submitted by the President as the committee deems appropriate.
91 STAT. 612 PUBLIC LAW 95-91—AUG. 4, 1977 TITLE IX—EFFECTIVE DATE AND INTERIM APPOINTMENTS EFFECTIVE DATE Publication in SEC. 901. The provisions of this Act shall take effect one hundred Federal Register. and twenty days after the Secretary first takes office, or on such earlier Regulations. date as the President may prescribe and publish in the Federal 42 u s e 7341. Register, except that at any time after the date of enactment of this Act, (1) any of the officers provided for in title I I and title IV of this Act may be nominated and appointed, as provided in those titles, and (2) the Secretary and the Commission may promulgate regula- tions pursuant to section 705(b) (2) of this Act at any time after the date of enactment of this Act. Funds available to any department or agency (or any official or component thereof), functions of which are transferred to the Secretary or the Commission by this Act, may with the approval of the Director of the Office of Management and Budget, be used to pay the compensation and expenses of any officer appointed pursuant to this subsection until such time as funds for that purpose are otherwise available. I X T E R I M APPOI>fTMENTS 42 use 7342. SEC. 902. In the event that one or more officers required by this Act to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this Act, the President may designate any officer, w'hose appointment was required to be made, by and with the advice and consent of the Senate, and who was such an officer immediately prior to the effective date of the Act, to act in such office until the office is filled as provided in this Act. While so acting such persons shall receive compensation at the rates provided by tliis Act for the respective offices in which they act. TITLE X—SUNSET PROVISIONS SUBMISSION OF COMPREHENSIVE REVIEW Submittal to SEC. 1001. Not later than January 15, 1982, the President shall pre- Congress. pare and submit to the Congress a comprehensive review of each pro- 42 use 7351. gram of the Department, Each such review shall be made available to the committee or committees of the Senate and House of Representa- tives having jurisdiction with respect to the annual authorization of funds, pursuant to section 660, for such programs for the fiscal year beginning October 1,1982. C O N T E N T S O F REVIEW^ 42 use 7352. SEC. 1002. Each comprehensive review prepared for submission under section 1001 shall include— (1) the name of the component of the Department responsible for administering the program; (2) an identification of the objectives intended for the program and the problem or need which the program was intended to address; (3) an identification of any other programs having similar or potentially conflicting or duplicative objectives; (4) an assessment of alternative methods of achieving the pur- poses of the program;
PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 613 (5) a justification for the authorization of new budget author- ity, and an explanation of the manner in which it conforms to and integrates with other efforts; (6) an assessment of the degree to which the original objec- tives of the program have been achieved, expressed in terms of the performance, impact, or accomplishments of the program and of the problem or need which it was intended to address, and employmg the procedures or methods of analysis appropri- ate to the type or character of the program; (7) a statement of the performance and accomplishments of the program in each of the previous four completed fiscal years and of the budgetary costs incurred in the operation of the program; (8) a statement of the number and types of beneficiaries or persons served by the program; (9) an assessment of the eifect of the program on the national economy, including, but not limited to, the effects on competition, economic stability, employment, unemployment, productivity, ,:....«; and price inflation, including costs to consumers and to busi- nesses ; (10) an assessment of the impact of the program on the Nation's health and safety; (11) an assessment of the degree to which the overall admin- istration of the program, as expressed in the rules, regulations, orders, standards, criteria, and decisions of the officers executing the program, are believed to meet the objectives of the Congress in establishing the program; (12) a projection of the anticipated needs for accomplishing '^*- " ^ the objectives of the program, including an estimate if applicable of the date on which, and the conditions under which, the pro- gram may fulfill such objectives; (13) an analysis of the services which could be provided and performance which could be achieved if the program were con- tinued at a level less than, equal to, or greater than the existing level; and , „ (14) recommendations for necessary transitional requirements in the event that funding for such program is discontinued, including proposals for such executives or legislative action as may be necessary to prevent such discontinuation from being unduly disruptive. Approved August 4, 1977. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-346, pt. I (Comm. on Government Operations) and No. 95-346, pt. II (Comm. on Post Office and Civil Service), both parts accompanying H.R. 6804, and 95-539 (Comm. of Conference). SENATE REPORTS: No. 95-164 (Comm. on Governmental Affairs) and No. 95-367 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 123 (1977): May 18, considered and passed Senate. June 2, H.R. 6804 considered in House. June 3, considered and passed House, amended, in lieu of H.R. 6804. j Aug. 2, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 32: Aug. 4, Presidential statement.