H.R. 5322 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5322 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mrs. Blackburn (for herself and Mr. Roe of Tennessee) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Energy and Commerce and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Department of Energy and the Environment, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Consolidate Heavy-handed and Outdated Programs Act of 2014. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Mission and goals Sec. 101. Mission. Sec. 102. Goals. Sec. 103. Relationship with States. Title II—Establishment of Department Sec. 201. Establishment. Sec. 202. Principal officers. Sec. 203. Assistant Secretaries. Sec. 204. Other officers. Sec. 205. Federal Energy Regulatory Commission. Sec. 206. Energy and Environmental Information Administration. Sec. 207. Comptroller General functions. Sec. 208. Office of Science. Sec. 209. Establishment of policy for National Nuclear Security Administration. Sec. 210. Establishment of security, counterintelligence, and intelligence policies. Sec. 211. Office of Intelligence and Counterintelligence. Sec. 212. Office of Indian Energy Policy and Programs. Title III—Transfer of functions Sec. 301. Transfer of functions. Sec. 302. Power Administrations. Title IV—Federal Energy Regulatory Commission Sec. 401. Appointment and administration. Sec. 402. Jurisdiction of 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 proceedings. 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. Title VI—Administrative provisions Subtitle A—Personnel provisions Sec. 601. Officers and employees. Sec. 602. Senior positions. Sec. 603. Experts and consultants. Sec. 604. Advisory committees. Subtitle B—General administrative provisions Sec. 611. General authority. Sec. 612. Delegation. Sec. 613. Reorganization. Sec. 614. Rules. Sec. 615. Subpoena. Sec. 616. Contracts. Sec. 617. Acquisition and maintenance of property. Sec. 618. Facilities construction. Sec. 619. Use of facilities. Sec. 620. Field offices. Sec. 621. Copyrights. Sec. 622. Capital fund. Sec. 623. Seal of Department. Sec. 624. Regional energy advisory boards. Sec. 625. Designation of conservation officers. Sec. 626. Annual report. Sec. 627. Transfer of funds. Sec. 628. Guards for Strategic Petroleum Reserve facilities. Sec. 629. Trespass on Strategic Petroleum Reserve facilities. Sec. 630. Annual assessment and report on vulnerability of facilities to terrorist attack. Title VII—Transitional, savings, and conforming provisions Sec. 701. Transfer and allocations of appropriations and personnel. Sec. 702. Effect on personnel. Sec. 703. Agency terminations. Sec. 704. Incidental transfers. Sec. 705. Savings provisions. Sec. 706. Reference. Sec. 707. Presidential authority. Sec. 708. Transition. Sec. 709. Administrative amendments. Sec. 710. Director of Office of Personnel Management report. Sec. 711. Investigations and reports on duplicative programs and activities. Sec. 712. Environmental impact statements. Sec. 713. Conforming amendments. Title VIII—Energy planning Sec. 801. National Energy Policy Plan. Sec. 802. Congressional review. Title IX—Effective date and interim appointments Sec. 901. Effective date. Sec. 902. Interim appointments. 2. Definitions In this Act: (1) Assets The term assets includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel). (2) Commission The term Commission means the Federal Energy Regulatory Commission. (3) Department The term Department means the Department of Energy and the Environment. (4) Function The term function includes any authority, power, right, privilege, immunity, program, project, activity, duty, and responsibility. (5) Local government The term local government means— (A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; (B) an Indian tribe or authorized tribal organization or, in the State of Alaska, a Native village or Alaska Regional Native Corporation; and (C) a rural community, unincorporated town or village, or other public entity. (6) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (7) Perform The term perform, with respect to a function, includes— (A) the undertaking, fulfillment, or execution of any duty or obligation; and (B) the exercise of any power, authority, right, or privilege. (8) Personnel The term personnel means officers and employees. (9) Secretary The term Secretary means the Secretary of Energy and the Environment. (10) State The term State means— (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) any other territory or possession of the United States. (11) United States The term United States, when used in a geographical sense, means— (A) all of the States; and (B) any waters within the jurisdiction of the United States. I Mission and goals 101. Mission The primary mission of the Department is to ensure the security and prosperity of the United States by— (1) protecting human health; (2) safeguarding the natural environment; and (3) addressing the energy, environmental, and nuclear challenges of the United States through transformative science and technology solutions. 102. Goals The goals of the Department are— (1) to catalyze the timely, material, and efficient transformation of the energy system of the United States and secure the leadership of the United States in energy technologies; (2) to maintain a vibrant effort in science and engineering as a cornerstone of the economic prosperity of the United States, with clear leadership in strategic areas; (3) to protect human health and safeguard the natural environment; and (4) to enhance nuclear security through defense, nonproliferation, and environmental efforts. 103. Relationship with States (a) In general If any proposed action by the Department conflicts with the energy or environment plan of any State, the Department shall give due consideration to the needs of the State, and if practicable, attempt to resolve the conflict through consultations with appropriate State officials. (b) State matters Nothing in this Act shall affect the authority of any State over matters exclusively within the jurisdiction of the State. II Establishment of Department 201. Establishment (a) Establishment There is established at the seat of government an executive department to be known as the Department of Energy and the Environment. (b) Secretary There shall be at the head of the Department a Secretary of Energy and the Environment, who shall be appointed by the President by and with the advice and consent of the Senate. (c) Administration The Department shall be administered, in accordance with this Act, under the supervision and direction of the Secretary. 202. Principal officers (a) Deputy Secretary (1) In general There shall be in the Department a Deputy Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties 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. (3) Order of succession The Secretary shall designate the order in which the Under Secretaries and other officials shall act for and perform 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) Under Secretary of Environment (1) In general There shall be in the Department an Under Secretary of Environment, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties The Under Secretary of Environment shall perform such functions and duties as the Secretary shall prescribe, consistent with this Act. (c) Under Secretary of Nuclear Security (1) In general There shall be in the Department an Under Secretary of Nuclear Security, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications The Under Secretary of Nuclear Security shall be appointed from among individuals who— (A) have extensive backgrounds in national security, organizational management, and appropriate technical fields; and (B) are well qualified to manage the nuclear weapons, nonproliferation, and materials disposition programs of the National Nuclear Security Administration in a manner that advances and protects the national security of the United States. (3) Administrator of Nuclear Security (A) In general The Under Secretary of Nuclear Security shall serve as the Administrator of Nuclear Security under section 3212 of the National Nuclear Security Administration Act (50 U.S.C. 2402). (B) Functions (i) In general In carrying out the functions of the Administrator, the Under Secretary shall be subject to the authority, direction, and control of the Secretary. (ii) Delegation The authority, direction, and control of the Secretary may be delegated only to the Deputy Secretary of Energy and the Environment, without redelegation. (d) Under Secretary of Science (1) In general There shall be in the Department an Under Secretary of Science, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications The Under Secretary of Science shall be appointed from among individuals who— (A) have extensive background in scientific or engineering fields; and (B) are well qualified to manage the civilian research and development programs of the Department. (3) Duties The Under Secretary of Science shall— (A) serve as the Science and Technology Advisor to the Secretary; (B) monitor the research and development programs of the Department in order to advise the Secretary with respect to any undesirable duplication or gaps in the programs; (C) advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the Department; (D) advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department; (E) 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; (F) advise the Secretary with respect to long-term planning, coordination, and development of a strategic framework for Department research and development activities; and (G) carry out such additional duties that the Secretary assigns to the Under Secretary relating to basic and applied research, including supervision or support of research activities carried out by any of the Assistant Secretaries designated by section 203, as the Secretary determines appropriate. (e) Under Secretary of Energy (1) In general There shall be in the Department an Under Secretary of Energy, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties The Under Secretary of Energy shall perform such functions and duties as the Secretary shall prescribe, consistent with this Act. (f) General Counsel (1) In general There shall be in the Department a General Counsel, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties The General Counsel shall perform such functions and duties as the Secretary shall prescribe, consistent with this Act. 203. Assistant Secretaries (a) In general There shall be in the Department 18 Assistant Secretaries, each of whom shall be appointed by the President, by and with the advice and consent of the Senate. (b) Functions The Assistant Secretaries shall perform such functions of the Secretary as are prescribed by the Secretary, including the following: (1) Air and radiation functions. (2) Enforcement and compliance assurance functions. (3) Legacy management functions. (4) Solid waste and emergency response functions. (5) Environmental research and development functions. (6) Water functions. (7) Chemical safety and pollution prevention functions. (8) Environmental management functions. (9) Energy resource applications, including functions dealing with management of all forms of energy production and utilization, including fuel supply, electric power supply, enriched uranium production, energy technology programs, and the management of energy resource leasing procedures on Federal land. (10) Energy research and development functions, including the responsibility for policy and management of research and development for all aspects of— (A) solar energy resources; (B) geothermal energy resources; (C) recycling energy resources; (D) the fuel cycle for fossil energy resources; and (E) the fuel cycle for nuclear energy resources. (11) Environmental responsibilities and functions, including— (A) advising the Secretary with respect to the conformance of the activities of the Department to environmental protection laws and principles; and (B) conducting a comprehensive program of research and development on the environmental effects of energy technologies and programs. (12) International programs and international policy functions, including functions that assist in promoting international energy. (13) Intergovernmental policies and relations, including responsibilities for ensuring that— (A) national energy policies are reflective of and responsible to the needs of State and local governments; and (B) other components of the Department coordinate activities with State and local governments, if appropriate, and develop intergovernmental communications with State and local governments. (14) Competition and consumer affairs, including responsibilities for— (A) the promotion of competition in the energy industry; (B) the protection of the consuming public in the energy policymaking processes; and (C) assisting the Secretary in the formulation and analysis of policies, rules, and regulations relating to competition and consumer affairs. (15) Nuclear waste management responsibilities, including— (A) the establishment of control over existing Federal Government facilities for the treatment and storage of nuclear wastes, including all containers, casks, buildings, vehicles, equipment, and all other materials associated with the facilities; (B) the establishment of control over all existing nuclear waste in the possession or control of the Federal Government and all commercial nuclear waste presently stored on site (other than the site of a licensed nuclear power electric generating facility), except that nothing in this paragraph shall alter or effect title to the waste; (C) the establishment of temporary and permanent facilities 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, management, 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 Federal Government agencies; and (G) the promulgation of rules and regulations to implement the authority described in this paragraph, except that nothing in this section grants to the Department regulatory functions of the Nuclear Regulatory Commission, or any additional related functions, as of the date of enactment of this Act. (16) Energy conservation functions, including— (A) the development of comprehensive energy conservation strategies for the United States; (B) the planning and implementation of major research and demonstration programs for the development of technologies and processes to reduce total energy consumption; (C) the administration of voluntary and mandatory energy conservation programs; and (D) the dissemination to the public of all available information on energy conservation programs and measures. (17) Power marketing functions, including responsibility for marketing and transmission of Federal power. (18) Public and congressional relations functions, including responsibilities for providing a continuing liaison between the Department and Congress and the Department and the public. (c) Specific functions At the time the name of any individual is submitted for confirmation to the position of Assistant Secretary, the President shall identify with particularity the one or more functions described in subsection (b) (or any portion of the function) for which the individual will be responsible. 204. Other officers (a) Inspector General There is an Inspector General of the Department, who shall be appointed as provided in section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.). (b) Other officers To assist the Secretary in the performance of the functions of the Secretary, there are the following officers of the Department, who shall be appointed by the Secretary: (1) A Chief Financial Officer. (2) A Congressional and Intergovernmental Affairs Officer. (3) A Community and Public Affairs Officer. (4) A Management and Human Resources Officer. (5) A Hearings and Appeals Officer. (6) A Chief Information Officer. (7) An Intelligence and Counterintelligence Officer. (c) Performance of specific functions Subject to this Act, each officer of the Department shall perform the functions specified by law for the office of the official or prescribed by the Secretary. 205. Federal Energy Regulatory Commission (a) In general There shall be within the Department, a Federal Energy Regulatory Commission established in accordance with title IV. (b) Qualifications The Chair and members of the Commission 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. 206. Energy and Environmental Information Administration (a) In general There shall be within the Department an Energy and Environmental Information Administration. (b) Administrator (1) In general The Energy and Environmental Information Administration shall be headed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications The Administrator shall be a person who, by reason of professional background and experience, is specially qualified to manage an energy and environmental information system. (3) Duties The Administrator shall be responsible for carrying out a central comprehensive, and unified energy data and information program that will collect, evaluate, assemble, analyze, and disseminate data and information that is relevant to— (A) energy resource reserves, energy production, demand, and technology, environmental protection, and related economic and statistical information; or (B) the adequacy of energy resources to meet demands in the near and longer term future for the economic and social needs of the United States. (c) Functions (1) In general The Secretary shall delegate to the Administrator the functions vested in Federal law relating to gathering, analysis, and dissemination of energy and environmental information. (2) Enforcement The Administrator may act in the name of the Secretary for the purpose of obtaining enforcement of the delegated functions. (3) Additional functions (A) In general There shall be vested in the Administrator, and the Administrator shall perform, the functions assigned to the Director of the Office of Energy Information and Analysis under part B of the Federal Energy Administration Act of 1974 (15 U.S.C. 790 et seq.). (B) Administration Sections 53(d) and 59 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790b(d), 790h) shall apply to the Administrator in the performance of any function under this Act. (d) Approval The Administrator shall not be required to obtain the approval of any other officer or employee of the Department in connection with— (1) the collection or analysis of any information; or (2) prior to publication, the substance of any statistical or forecasting technical reports that the Administrator has prepared in accordance with law. (e) Audit reviews The Energy and Environmental Information Administration shall be subject to an annual professional audit review of performance. (f) Furnishing of information to Department On request, the Administrator shall promptly provide any information or analysis obtained under this section to any other administration, commission, or office within the Department. (g) Public availability (1) In general Subject to paragraphs (2) and (3), information collected by the Energy Information Administration shall be cataloged and, on request, promptly made available to the public in a form and manner easily adaptable for public use. (2) Exempted matters This subsection shall not require disclosure of matters exempted from mandatory disclosure by section 552(b) of title 5, United States Code. (3) Administration Section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796(d)), and section 17 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5916), shall continue to apply to any information obtained by the Administrator under those provisions. (h) Major energy-Producing companies (1) Definitions In this subsection: (A) Energy-producing company The term energy-producing company means a person engaged in— (i) ownership or control of mineral fuel resources or nonmineral 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, nonmineral energy resources or electrical energy. (B) Energy industry The term energy industry means all energy-producing companies. (C) Person The person has the meaning given the term in section 11(e) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796(e)). (2) Identification and designation (A) In general In addition to the acquisition, collection, analysis, and dissemination of energy information pursuant to this section, the Administrator shall identify and designate major energy-producing companies that alone or with their affiliates are involved in one or more lines of commerce in the energy industry in a manner that the energy information collected from the major energy-producing companies shall provide a statistically accurate profile of each line of commerce in the energy industry in the United States. (B) Administration In carrying out this subsection, the Administrator shall— (i) use, to the maximum extent practicable and consistent with this Act, reliable statistical sampling techniques; and (ii) otherwise give priority to the minimization of the reporting of energy information by small businesses. (3) Financial report (A) In general The Administrator shall develop and make effective for use the format for an energy-producing company financial report. (B) Use The report shall be designed to allow comparison on a uniform and standardized basis among energy-producing companies and shall permit for the energy-related activities of the energy-producing companies— (i) an evaluation of company revenues, profits, cash flow, and investments in total, for the energy-related lines of commerce in which the company is engaged and for all significant energy-related functions within the energy-producing companies; (ii) an analysis of the competitive structure of sectors and functional groupings within the energy industry; (iii) the segregation of energy information, including financial information, describing company operations by energy source and geographic area; (iv) the determination of costs associated with exploration, development, production, processing, transportation, and marketing and other significant energy-related functions within the energy-producing companies; and (v) such other analysis or evaluations as the Administrator finds necessary to carry out this Act. (4) Accounting practices The Administrator shall— (A) consult with the Chairman of the Securities and Exchange Commission with respect to the development of accounting practices required by the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.) to be followed by persons engaged in whole or in part in the production of crude oil and natural gas; and (B) ensure, to the maximum extent practicable, that the energy-producing company financial report described in paragraph (3) is consistent with the accounting practices, if applicable. (5) Frequency The Administrator— (A) shall require each major energy-producing company to file with the Administrator an energy-producing company financial report on at least an annual basis; and (B) may request energy information described in the report on a quarterly basis if the Administrator determines that the quarterly report of information will substantially assist in achieving the purposes of this Act. (6) Summary A summary of information gathered pursuant to this section, accompanied by such analysis as the Administrator considers appropriate, shall be included in the annual report of the Department required by section 626. (7) Disclosure of confidential information Section 1905 of title 18, United States Code, shall apply to any information obtained by the Administration pursuant to this subsection. (i) Surveys of energy consumption (1) In general The Administrator shall conduct and publish the results of a survey of energy consumption in the manufacturing industries in the United States at least once every 2 years. (2) Confidentiality The Administrator shall conduct the surveys in a manner designed to protect the confidentiality of individual responses. (3) Information In conducting the survey, the Administrator shall collect information, including information on— (A) the quantity of fuels consumed; (B) energy expenditures; (C) fuel-switching capabilities; and (D) the use of nonpurchased sources of energy, such as solar, wind, biomass, geothermal, waste by-products, and cogeneration. (4) Relationship to other authority This subsection does not affect the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a). (j) Collection and publication of survey results (1) Definition of renewable energy resources In this subsection, the term renewable energy resources includes energy derived from solar thermal, geothermal, biomass, wind, and photovoltaic resources. (2) Surveys The Administrator shall annually collect and publish the results of a survey of electricity production from domestic renewable energy resources, including production in kilowatt hours, total installed capacity, capacity factor, and any other measures of production efficiency. (3) Energy resources The results of the survey shall distinguish between various renewable energy resources. (4) Administration In carrying out this subsection, the Administrator shall— (A) use, to the maximum extent practicable, reliable statistical sampling techniques; and (B) otherwise take into account the reporting burdens of energy information by small businesses. (k) Survey procedure Pursuant to section 52(a) of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a(a)), the Administrator shall— (1) conduct surveys of residential and commercial energy use at least once every 3 years and make the results of the surveys available to the public; (2) when surveying electric utilities, collect information on demand-side management programs conducted by the utilities, including information regarding— (A) the types of demand-side management programs being operated; (B) the quantity of measures installed; (C) expenditures on demand-side management programs; and (D) estimates of energy savings resulting from the programs, including whether the savings estimates were verified; and (3) in carrying out this subsection, take into account reporting burdens and the protection of proprietary information as required by law. (l) Data collection In order to improve the ability to evaluate the effectiveness of the energy efficiency policies and programs of the United States, the Administrator shall, in collecting data under subsections (i) and (k), consider— (1) expanding the survey instruments to include questions regarding participation in Federal and utility conservation programs; (2) expanding fuel-use surveys in order to provide greater detail on energy use by user subgroups; and (3) expanding the scope of data collection on energy efficiency and load-management programs, including the effects of building construction practices, such as practices designed to obtain peak load shifting. (m) Renewable fuels survey (1) In general To improve the ability to evaluate the effectiveness of the renewable fuels mandate of the United States, the Administrator shall conduct and publish the results of a survey of renewable fuels demand in the motor vehicle fuels market in the United States monthly. (2) Confidentiality The Administrator shall conduct the survey in a manner designed to protect the confidentiality of individual responses. (3) Information In conducting the survey, the Administrator shall collect information both on a national and regional basis, including each of the following: (A) The quantity of renewable fuels produced. (B) The quantity of renewable fuels blended. (C) The quantity of renewable fuels imported. (D) The quantity of renewable fuels demanded. (E) Market price data. (F) Such other analyses or evaluations as the Administrator finds are necessary to achieve the purposes of this section. (4) Prior years The Administrator shall collect or estimate information both on a national and regional basis, pursuant to subparagraphs (A) through (F) of paragraph (3), for the 5 years prior to implementation of this subsection. (5) National Energy Information System This subsection does not affect the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a). 207. Comptroller General functions The functions of the Comptroller General of the United States under section 12 of the Federal Energy Administration Act of 1974 (15 U.S.C. 771) 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. 208. Office of Science (a) In general There shall be within the Department an Office of Science to be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Director It shall be the duty and responsibility of the Director— (1) to advise the Secretary with respect to the physical research programs of the Department; (2) to monitor the energy and environmental research and development programs of the Secretary in order to advise the Secretary with respect to any undesirable duplication or gaps in the programs; (3) to advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the Department, excluding laboratories that constitute part of the nuclear weapons complex; (4) to advise the Secretary with respect to education and training 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. 209. Establishment of policy for National Nuclear Security Administration (a) In general The Secretary shall be responsible for establishing policy for the National Nuclear Security Administration. (b) Review of programs and activities The Secretary may direct officials of the Department who are not within the National Nuclear Security Administration— (1) to review the programs and activities of the Administration; and (2) to make recommendations to the Secretary regarding administration of those programs and activities, including consistency with other similar programs and activities of the Department. (c) Staff The Secretary shall provide adequate staff to carry out this section. 210. Establishment of security, counterintelligence, and intelligence policies (a) In general The Secretary shall be responsible for developing and promulgating the security, counterintelligence, and intelligence policies of the Department. (b) Staff The Secretary may use the immediate staff of the Secretary to assist in developing and promulgating those policies. (c) Intelligence Executive Committee (1) In general There is within the Department an Intelligence Executive Committee. (2) Composition The Committee shall consist of— (A) the Deputy Secretary of Energy and the Environment, who shall chair the Committee; and (B) each Under Secretary of the Department. (3) Staff The Committee shall be staffed by the Director of the Office of Intelligence and Counterintelligence. (4) Use The Secretary shall use the Committee to assist in developing and promulgating the counterintelligence and intelligence policies, requirements, and priorities of the Department. (d) Budget requests (1) In general In the budget justification materials submitted to Congress in support of each budget submitted by the President to Congress under title 31, United States Code, the amounts requested for the Department for intelligence functions and the amounts requested for the Department for counterintelligence functions shall each be specified in appropriately classified individual, dedicated program elements. (2) National Nuclear Security Administration Within the amounts requested for counterintelligence functions, the amounts requested for the National Nuclear Security Administration shall be specified separately from the amounts requested for other elements of the Department. 211. Office of Intelligence and Counterintelligence (a) In general There is within the Department an Office of Intelligence and Counterintelligence. (b) Director (1) In general The head of the Office shall be the Director of the Office of Intelligence and Counterintelligence, who shall be an employee in— (A) the Senior Executive Service; (B) the Senior Intelligence Service; (C) the Senior National Intelligence Service; or (D) any other Service that the Secretary, in coordination with the Director of National Intelligence, considers appropriate. (2) Reporting to Secretary The Director of the Office shall report directly to the Secretary. (3) Qualifications The Secretary shall select the Director of the Office from among individuals who have substantial expertise in matters relating to foreign intelligence and counterintelligence. (4) Details (A) In general The Director of the Federal Bureau of Investigation may detail, on a reimbursable basis, any employee of the Bureau to the Department for service as Director of the Office. (B) Benefits The service of an employee of the Bureau as Director of the Office shall not result in any loss of status, right, or privilege by the employee within the Bureau. (c) Duties The Director of the Office shall— (1) establish policy for intelligence and counterintelligence programs and activities at Department facilities in order to reduce the threat of disclosure or loss of classified and other sensitive information at the facilities; (2) establish policy for the personnel assurance programs of the Department; (3) inform the Secretary, the Director of Central Intelligence, and the Director of the Federal Bureau of Investigation on a regular basis, and on specific request by any such official, regarding the status and effectiveness of the intelligence and counterintelligence programs and activities at Department facilities; and (4) perform such duties and exercise such powers as the Secretary may prescribe. (d) Reports (1) In general Not later than March 1 each year, the Director of the Office shall submit a report on the status and effectiveness of the intelligence and counterintelligence programs and activities at each Department facility during the preceding year. (2) Recipients Each such report shall be submitted to the following: (A) The Secretary. (B) The Director of National Intelligence. (C) The Director of the Federal Bureau of Investigation. (D) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. (E) The Committee on Armed Services and the Select Committee on Intelligence of the Senate. (3) Contents Each such report shall include for the year covered by the report the following: (A) A description of the status and effectiveness of the intelligence and counterintelligence programs and activities at Department facilities. (B) A description of any violation of law or other requirement relating to intelligence, counterintelligence, or security at such facilities, including— (i) the number of violations that were investigated; and (ii) the number of violations that remain unresolved. (C) A description of the number of foreign visitors to Department facilities, including the locations of the visits of the visitors. (D) The adequacy of the procedures and policies of the Department for protecting national security information, making such recommendations to Congress as may be appropriate. (E) A determination of whether each National Laboratory is in full compliance with all departmental security requirements and, in the case of any such National Laboratory that is not in full compliance, what measures are being taken to bring the National Laboratory into compliance. (4) Certification by National Laboratories Not later than 30 days before the date that the report required by paragraph (1) is submitted, the director of each National Laboratory shall certify in writing to the Director of the Office whether the National Laboratory is in full compliance with all departmental security requirements and, if not, what measures are being taken to bring that laboratory into compliance and a schedule for implementing those measures. (5) Form Each report under this subsection as submitted to the committees referred to in subparagraphs (D) and (E) of paragraph (2) shall be submitted in unclassified form, but may include a classified annex. 212. Office of Indian Energy Policy and Programs (a) In general There is established within the Department an Office of Indian Energy Policy and Programs (referred to in this section as the Office). (b) Director The Office shall be headed by a Director, who shall be appointed by the Secretary. (c) Duties The Director, in accordance with Federal policies promoting Indian self-determination and the purposes of this Act, shall provide, direct, foster, coordinate, and implement energy and environmental planning, education, management, conservation, and delivery programs of the Department that— (1) promote Indian tribal energy development, efficiency, and use; (2) reduce or stabilize energy costs; (3) enhance and strengthen Indian tribal energy and economic infrastructure relating to natural resource development and electrification; and (4) bring electrical power and service to Indian land and the homes of tribal members located on Indian land or acquired, constructed, or improved (in whole or in part) with Federal funds. III Transfer of functions 301. Transfer of functions Except as otherwise provided in this Act, there are transferred to, and vested in, the Secretary all of the functions provided by law (as of the date of enactment of this Act) to— (1) the Secretary of Energy; (2) the Administrator of the Environmental Protection Agency; and (3) the officers and components of the Department of Energy and the Environmental Protection Agency. 302. Power Administrations (a) In general There are transferred to, and vested in, the Secretary all functions of the Secretary of Energy with respect to— (1) the Southeastern Power Administration; (2) the Southwestern Power Administration; (3) the Bonneville Power Administration, including the authority contained in the Bonneville Project Act of 1937 (16 U.S.C. 832 et seq.) and the Federal Columbia River Transmission System Act (16 U.S.C. 838 et seq.); (4) the power marketing functions of the Bureau of Reclamation, including the construction, operation, and maintenance of transmission lines and attendant facilities; and (5) 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 of June 18, 1954 (68 Stat. 255, chapter 310). (b) Administration (1) In general The Southeastern Power Administration, the Southwestern Power Administration, and the Bonneville Power Administration, shall be preserved as separate and distinct organizational entities within the Department. (2) Administrator Each entity shall be headed by an Administrator appointed by the Secretary. (3) Functions The functions transferred to the Secretary in paragraphs (1) through (4) of subsection (a) shall be exercised by the Secretary, acting by and through the Administrators. (4) Office Each Administrator shall maintain the principal office of the Administrator at a place located in the region served by the respective Federal power marketing entity. (c) Dams (1) In general The functions transferred under subsection (a)(5) shall be exercised by the Secretary, acting by and through a separate and distinct Administration within the Department which shall be headed by an Administrator appointed by the Secretary. (2) Regional offices The Administrator shall establish and maintain such regional offices as necessary to facilitate the performance of the functions. (3) Reallocation of costs Neither the transfer of functions effected by subsection (a)(5) nor any changes in cost allocation or project evaluation standards shall be considered to authorize the reallocation of joint costs of multipurpose facilities allocated unless and to the extent that the change is approved by Congress. IV Federal Energy Regulatory Commission 401. Appointment and administration (a) In general There is established within the Department an independent regulatory commission to be known as the Federal Energy Regulatory Commission. (b) Composition (1) In general The Commission shall be composed of 5 members appointed by the President, by and with the advice and consent of the Senate. (2) Chair Of the members of the Commission, 1 member shall be designated by the President as Chair. (3) Term Subject to section 401(b)(2) of the Department of Energy Organization Act (42 U.S.C. 7171(b)(2)) (as that Act existed before the amendment made by section 713), a member of the Commission— (A) shall hold office for a term of 5 years; and (B) may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. (4) Political parties Not more than 3 members of the Commission shall be members of the same political party. (5) Vacancies (A) In general Any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor of the Commissioner was appointed shall be appointed only for the remainder of the term. (B) Expiration of term A Commissioner may continue to serve after the expiration of the term of the Commissioner until the successor of the Commissioner is appointed and has been confirmed and taken the oath of Office, except that the Commissioner shall not serve beyond the end of the session of the Congress in which the term expires. (6) Other business or employment A member of the Commission shall not engage in any other business, vocation, or employment while serving on the Commission. (c) Duties (1) In general The Chair shall be responsible, on behalf of the Commission, for the executive and administrative operation of the Commission, including functions of the Commission with respect to— (A) the appointment and employment of hearing examiners in accordance with title 5, United States Code; (B) the selection, appointment, and fixing of the compensation of such personnel as the Chair considers necessary, including an executive director; (C) the supervision of personnel employed by or assigned to the Commission, except that each member of the Commission may select and supervise personnel for the personal staff of the member; (D) the distribution of business among personnel and among administrative units of the Commission; and (E) the procurement of services of experts and consultants in accordance with section 3109 of title 5, United States Code. (2) Support and facilities The Secretary shall provide to the Commission such support and facilities as the Commission determines necessary to carry out the functions of the Commission. (d) Relationship to Department In the performance of functions of the Commission, the members, employees, or other personnel of the Commission shall not be responsible to, or subject to the supervision or direction of, any officer, employee, or agent of any other part of the Department. (e) Administration (1) Acting Chair The Chair of the Commission may designate any other member of the Commission as Acting Chair to act in the place of the Chair during the absence of the Chair. (2) Meetings (A) In general The Chair (or the Acting Chair in the absence of the Chair) shall preside at all sessions of the Commission. (B) Quorum A quorum for the transaction of business of the Commission shall consist of at least 3 members present. (C) Single vote Each member of the Commission, including the Chair, shall have 1 vote. (D) Majority vote Actions of the Commission shall be determined by a majority vote of the members present. (3) Seal The Commission shall have an official seal which shall be judicially noticed. (f) Procedural and administrative rules (1) In general The Commission may establish such procedural and administrative rules as are necessary to the exercise of the functions of the Commission. (2) Continuation 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 the particular functions. (g) Hearings and subpoena (1) In general In carrying out any of the functions of the Commission, the Commission shall have the powers authorized by the law under which the function is exercised— (A) to hold hearings; (B) to sign and issue subpoenas; (C) to administer oaths; (D) to examine witnesses; and (E) to receive evidence at any place in the United States the Commission may designate. (2) Hearings The Commission may, by one or more of the members of the Commission or by such agents as the Commission may designate, conduct any hearing or other inquiry appropriate to the functions of the Commission, except that nothing in this subsection supersedes the provisions of section 556 of title 5, United States Code, relating to hearing examiners. (h) Principal office The principal office of the Commission shall be in or near the District of Columbia, where the general sessions of the Commission shall be held, except that the Commission may sit anywhere in the United States. (i) Agency (1) In general For the purpose of section 552b of title 5, United States Code, the Commission shall be considered an agency. (2) Attorney for Commission Except as provided in section 518 of title 28, United States Code, attorneys designated by the Chair of the Commission may appear for, and represent the Commission in, any civil action brought in connection with any function carried out by the Commission pursuant to this Act or as otherwise authorized by law. (j) Annual authorization and appropriation request (1) In general In each annual authorization and appropriation request under this Act, the Secretary shall— (A) identify the portion of the request intended for the support of the Commission; and (B) include— (i) a statement by the Commission of the amount requested by the Commission in the budgetary presentation of the Commission to the Secretary and the Office of Management and Budget; and (ii) an assessment of the budgetary needs of the Commission. (2) Copy to committees If the Commission submits to the Secretary, the President, or the Office of Management and Budget, any legislative recommendation or testimony, or comments on legislation, prepared for submission to Congress, the Commission shall concurrently transmit a copy to the appropriate committees of Congress. 402. Jurisdiction of Commission (a) Functions (1) In general There are transferred to, and vested in, the Commission the following functions of the Federal Power Commission or of any member of the Commission or any officer or component of the Commission: (A) The investigation, issuance, transfer, renewal, revocation, and enforcement of licenses and permits for the construction, operation, and maintenance of dams, water conduits, reservoirs, powerhouses, 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 under part I of the Federal Power Act (16 U.S.C. 791a et seq.). (B) The establishment, review, and enforcement of rates and charges for the transmission or sale of electric energy, including determinations on— (i) construction work in progress under part II of the Federal Power Act (16 U.S.C. 824 et seq.); and (ii) the interconnection under section 202(b) of that Act (16 U.S.C. 824a(b)) of facilities for the generation, transmission, and sale of electric energy (other than emergency interconnection). (C) The establishment, review, and enforcement of rates and charges for the transportation and sale of natural gas by a producer or gatherer or by a natural gas pipeline or natural gas company under sections 1, 4, 5, and 6 of the Natural Gas Act (15 U.S.C. 717, 717c, 717d, 717e). (D) 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 Natural Gas Act (15 U.S.C. 717f). (E) The establishment, review, and enforcement of curtailments, other than the establishment and review of priorities for the curtailments, under the Natural Gas Act (15 U.S.C. 717 et seq.). (F) The regulation of mergers and securities acquisition under the Federal Power Act (16 U.S.C. 791a et seq.) and the Natural Gas Act (15 U.S.C. 717 et seq.). (2) Additional powers The Commission may exercise any power under the following sections to the extent the Commission determines the 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 of the Federal Power Act (16 U.S.C. 797, 825, 825a, 825e–825h, 825k–825o). (B) Sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas Act (15 U.S.C. 717g, 717h, 717l–717p, 717s, 717t). (b) Agency determinations (1) In general Except as provided in paragraph (2), the Commission shall have jurisdiction to hear and determine any other matter arising under any other function of the Secretary— (A) involving any agency determination required by law to be made on the record after an opportunity for an agency hearing; or (B) involving any other agency determination that the Secretary determines shall be made on the record after an opportunity for an agency hearing. (2) Certain lease bidding arrangements Nothing in this subsection requires that functions under section 105 of the Energy Policy and Conservation Act (42 U.S.C. 6213) shall be within the jurisdiction of the Commission unless the Secretary assigns the function to the Commission. (c) Other matters In addition to the other provisions of this section, the Commission shall have jurisdiction over any other matter that the Secretary may assign to the Commission after public notice, or that is required to be referred to the Commission pursuant to section 404. (d) Limitation No function described in this section that regulates the exports or imports of natural gas or electricity shall be within the jurisdiction of the Commission unless the Secretary assigns the function to the Commission. (e) Final agency action The decision of the Commission involving any function within the jurisdiction of the Commission, other than action by the Commission on a matter referred to the Commission pursuant to section 404— (1) shall be final agency action (within the meaning of section 704 of title 5, United States Code); and (2) shall not be subject to further review by the Secretary or any officer or employee of the Department. (f) Regulations The Commission may prescribe rules, regulations, and statements of policy of general applicability with respect to any function under the jurisdiction of the Commission pursuant to this section. 403. Initiation of rulemaking proceedings before Commission (a) In general The Secretary and the Commission may propose rules, regulations, and statements of policy of general applicability with respect to any function within the jurisdiction of the Commission under section 402. (b) Proposals of Secretary The Commission shall— (1) have exclusive jurisdiction with respect to any proposal made under subsection (a); and (2) consider and take final action on any proposal made by the Secretary under subsection (a) in an expeditious manner in accordance with such reasonable time limits as may be established by the Secretary for the completion of action by the Commission on any such proposal. (c) Rates and charges (1) In general Any function described in section 402 that relates to the establishment of rates and charges under the Federal Power Act (16 U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C. 717 et seq.), may be conducted by rulemaking procedures. (2) Procedures Except as provided in subsection (d), the procedures in such a rulemaking proceeding shall ensure full consideration of the issues and an opportunity for interested persons to present views. (d) Submission of written questions by interested persons (1) In general In the case of any rule or regulation promulgated by the Commission to establish rates and charges for the first sale of natural gas by a producer or gatherer to a natural gas pipeline under the Natural Gas Act (15 U.S.C. 717 et seq.), the Commission may afford an 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. (2) Time The Commission may establish a reasonable time for both the submission of questions and responses. 404. Referral of other rulemaking proceedings to Commission (a) In general Except as provided in section 403, if the Secretary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function that is transferred to the Secretary under section 301 or 306 of the Department of Energy Organization Act (42 U.S.C. 7151, 7155) (as that Act existed before the amendment made by section 713), the Secretary shall notify the Commission of the proposed action. (b) Referral to Commission If the Commission determines within such period as the Secretary may prescribe that the proposed action may significantly affect any function within the jurisdiction of the Commission pursuant to subsections (a)(1), (b), and (c) of section 402 and section 60502 of title 49, United States Code, the Secretary shall immediately refer the matter to the Commission, which shall provide an opportunity for public comment. (c) Recommendations of Commission (1) In general Following the opportunity for public comment, the Commission, after consultation with the Secretary, shall— (A) concur in adoption of the rule or statement as proposed by the Secretary; (B) concur in adoption of the rule or statement only with such changes as the Commission may recommend; or (C) recommend that the rule or statement not be adopted. (2) Publication The Commission shall promptly publish— (A) the recommendations of the Commission adopted under this subsection; (B) an explanation of the reason for the actions of the Commission; and (C) an analysis of the major comments, criticisms, and alternatives offered during the comment period. (d) Options of Secretary (1) In general Following publication of the recommendations of the Commission, the Secretary shall have the option of— (A) issuing a final rule or statement in the form initially proposed by the Secretary if the Commission has concurred in the rule pursuant to subsection (c)(1)(A); (B) 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 the rule or statement pursuant to subsection (c)(1)(B); or (C) ordering that the rule shall not be issued. (2) Final agency action 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. 405. Right of Secretary to intervene in Commission proceedings (a) In general The Secretary may, as a matter of right, intervene or otherwise participate in any proceeding before the Commission. (b) Procedure The Secretary shall comply with— (1) rules of procedure of general applicability governing the timing of intervention or participation in the proceeding or activity; and (2) on intervening or participating in the proceeding or activity, rules of procedure of general applicability governing the conduct of the proceeding or activity. (c) Fairness The intervention or participation of the Secretary in any proceeding or activity shall not affect the obligation of the Commission to ensure procedural fairness to all participants. 406. Reorganization For the purposes of chapter 9 of title 5, United States Code, the Commission shall be considered an independent regulatory agency. 407. Access to information (a) In general The Secretary, each officer of the Department, and each Federal agency shall provide to the Commission, on request, such existing information in the possession of the Department or other Federal agency as the Commission determines necessary to carry out the responsibilities of the Commission under this Act. (b) Certain information In formulating the information to be requested in the reports or investigations under sections 304 and 311 of the Federal Power Act (16 U.S.C. 825c, 825j) and sections 10 and 11 of the Natural Gas Act (15 U.S.C. 717i, 717j), the Secretary shall— (1) include in the reports and investigations such specific information as requested by the Commission; and (2) furnish copies of all reports, information, results of investigations and data under those sections to the Commission. V Administrative procedures and judicial review 501. Procedures (a) Administrative procedures (1) In general Subject to the other requirements of this title, subchapter II of chapter 5 of title 5, United States Code, shall apply in accordance with the terms of that subchapter to any rule or regulation, or any order having the applicability and effect of a rule (as that term is defined in section 551 of title 5, United States Code), issued pursuant to authority vested by law in, or transferred or delegated to, the Secretary, 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 of a State or local government agency) issued pursuant to authority delegated by the Secretary in accordance with this title. (2) Additional requirements 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, those additional requirements shall also apply to actions under that provision. (b) Substantial impact on the economy of the United States (1) No substantial impact If the Secretary determines, on the initiative of the Secretary or in response to any showing made pursuant to paragraph (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 the rule, regulation, or order is unlikely to have a substantial impact on the economy of the United States or large numbers of individuals or businesses in the United States, the proposed rule, regulation, or order may be promulgated in accordance with section 553 of title 5, United States Code. (2) Substantial impact If the Secretary determines that a substantial issue of fact or law exists or that the rule, regulation, or order is likely to have a substantial impact on the economy of the United States or large numbers of individuals or businesses in the United States, an opportunity for oral presentation of views, data, and arguments shall be provided before promulgation. (3) Submission of material Any person who would be adversely affected by the implementation of any proposed rule, regulation, or order and who desires an opportunity for oral presentation of views, data, and arguments, may submit material supporting the existence of a substantial issue or impact described in paragraph (2). (4) Transcript A transcript shall be kept of any oral presentation described in paragraph (2) with respect to a rule, regulation, or order described in subsection (a). (c) Waiver (1) In general The requirements of subsection (b) may be waived in any case in which— (A) strict compliance with that subsection is found by the Secretary to be likely to cause serious harm or injury to the public health, safety, or welfare; and (B) the finding of the Secretary described in subparagraph (A) is set out in detail in the rule, regulation, or order. (2) Subsequent satisfaction If the requirements of subsection (b) are waived under paragraph (1), the requirements of that subsection shall be satisfied within a reasonable period of time subsequent to the promulgation of the rule, regulation, or order. (d) Rules with local effect (1) Definitions In this subsection: (A) Geographic area within a State The term geographic area within a State means a special purpose district or other region that is recognized for governmental purposes within the State but is not a unit of local government. (B) Rule with local effect The term rule with local effect means a rule, regulation, or order described in subsection (a), the effects of which, except for indirect effects of an inconsequential nature, are confined to— (i) a single unit of local government or the residents of a single unit of local government; (ii) a single geographic area within a State or the residents of a single geographic area within a State; or (iii) a single State or the residents of a single State. (C) Unit of local government The term unit of local government means a county, municipality, town, township, village, or other unit of general government below the State level. (2) Opportunity for hearing With respect to any rule with local effect, the Secretary shall, if appropriate, afford an opportunity for a hearing or the oral presentation of views, and provide procedures for the holding of the hearing or oral presentation within the boundaries of the applicable unit of local government, geographic area, or State. (3) Relationship to other law Nothing in this subsection requires a hearing or an oral presentation of views where none is required by this section or other provision of law. (e) Procedures for State and local government agencies (1) In general As 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. (2) Requirements Procedures prescribed under paragraph (1) shall— (A) apply to the State or local government agencies in lieu of this section; and (B) require that prior to taking any action, the agencies shall— (i) take steps reasonably calculated to provide notice to persons who may be affected by the action; and (ii) afford an opportunity for presentation of views (including oral presentation of views where practicable) within a reasonable time before taking the action. 502. Judicial review (a) In general Judicial review of agency action taken under any law the functions of which are vested by law in, or transferred or delegated to the Secretary, the Commission, or any officer, employee, or component of the Department shall, notwithstanding the vesting, transfer, or delegation, be made in the manner specified in or for such law. (b) Original jurisdiction (1) In general Except as provided in paragraph (2) and notwithstanding the amount in controversy, the district courts 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 under this Act, 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 as described in paragraph (4). (2) Issue raised in defense Nothing in this section affects the power of any court of competent jurisdiction to consider, hear, and determine in any proceeding before the court 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 as described in paragraph (3). (3) Removal If in any proceeding an 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 chapter 89 of title 28, United States Code. (4) State or local government agency Cases or controversies arising under any rule, regulation, or order of any officer of a State or local government agency may be heard in— (A) any appropriate State court; or (B) without regard to the amount in controversy, the district courts of the United States. (c) Department litigation (1) In general Subject to section 401(i) and notwithstanding any other law, the litigation of the Department shall be subject to the supervision of the Attorney General pursuant to chapter 31 of title 28, United States Code. (2) Delegation The Attorney General may authorize any attorney of the Department to conduct any civil litigation of the Department in any Federal court except the Supreme Court. 503. Remedial orders (a) In general If, upon investigation, the Secretary or the authorized representative of the Secretary, believes that a person has violated any regulation, rule, or order described in section 501(a), the Secretary may issue a remedial order to the person. (b) Requirements Each remedial order shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the rule, regulation, or order alleged to have been violated. (c) Failure To respond If, not later than 30 days after the date of receipt of a remedial order issued by the Secretary, the person fails to notify the Secretary that the person intends to contest the remedial order, the remedial order shall become effective and shall be considered a final order of the Secretary and not subject to review by any court or agency. (d) Contesting of order (1) In general If, not later than 30 days after the date of receipt of the remedial order issued by the Secretary, the person notifies the Secretary that the person intends to contest a remedial order issued under subsection (a), the Secretary shall immediately advise the Commission of the notification. (2) Stay of effect Upon receiving notice under paragraph (1), the Commission shall stay the effect of the remedial order, unless the Commission finds the public interest requires immediate compliance with the remedial order. (3) Opportunity for a hearing The Commission shall, upon request, afford an opportunity for a hearing, including, at a minimum, the submission of briefs, oral or documentary evidence, and oral arguments. (4) Cross examination To the extent that the Commission, in the discretion of the Commission, determines that cross examination is required for a full and true disclosure of the facts, the Commission shall afford the right of cross examination. (5) Order by Commission (A) In general After a hearing, if any, under this subsection, the Commission shall issue an order, based on findings of fact, affirming, modifying, or vacating the remedial order of the Secretary, or directing other appropriate relief. (B) Effect of order Subject to subparagraph (C), an order issued under subparagraph (A) shall, for the purpose of judicial review, constitute a final agency action. (C) Enforcement Enforcement and other judicial review of an action described in subparagraph (B) shall be the responsibility of the Secretary. (e) Time limits The Secretary may set reasonable time limits for the Commission to complete action on a proceeding referred to the Commission pursuant to this section. (f) Procedural actions Nothing in this section affects any procedural action taken by the Secretary prior to or incident to initial issuance of a remedial order that is the subject of a hearing provided in this section, but such procedures shall be reviewable in the hearing. (g) Notice requirement This section shall be applicable only with respect to proceedings initiated by a notice of probable violation issued after the effective date of this Act. (h) Marketing of petroleum products With respect to any person whose sole petroleum industry operation relates to the marketing of petroleum products, the Secretary or any person acting on behalf of the Secretary may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a remedial order against the person for any violation of any rule or regulation if— (1) the civil action or order is based on— (A) a retroactive application of the rule or regulation; or (B) a retroactive interpretation of the rule or regulation; and (2) the person relied in good faith on rules, regulations, or ruling in effect on the date of the violation interpreting the rules or regulations. 504. Requests for adjustments (a) In general The Secretary or any officer designated by the Secretary shall— (1) provide for the making of such adjustments to any rule, regulation, or order described in section 501(a) as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens; (2) by rule, establish procedures that are available to any person for the purpose of seeking an interpretation, modification, or rescission of, exception to, or exemption from, such rule, regulation, or order; and (3) ensure that each decision on any application or petition requesting an adjustment shall specify— (A) the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made; and (B) the specific application of the standards to the facts contained in the application or petition. (b) Review of denial (1) In general If any person is aggrieved or adversely affected by a denial of a request for adjustment under subsection (a), the person may— (A) request a review of the denial by the Commission; and (B) obtain judicial review in accordance with this title when the denial becomes final. (2) Procedures The Commission shall, by rule, establish appropriate procedures, including a hearing when requested, for review of a denial. (3) Commission Action 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 Secretary or any officer or employee of the Department. (4) Litigation Litigation involving judicial review of action by the Commission under this section shall be the responsibility of the Secretary. 505. Review and effect (a) In general Not later than 1 year after the effective date of this Act, the Secretary shall submit a report to Congress describing the actions taken to implement section 501. (b) Contents The report under subsection (a) shall include— (1) a description of the adequacy of section 501 from the standpoint of the Department and the public, including a summary of any comments obtained by the Secretary from the public about the section and implementing regulations; and (2) such recommendations as the Secretary considers appropriate concerning the procedures required by section 501. (c) Assessments (1) In general Not later than January 31 of each year, the Secretary shall submit to Congress a report on the assessment conducted under subsection (a) during the preceding year. (2) Contents Each report shall include the results of the assessment covered by the report, together with such findings and recommendations as the Secretary considers appropriate. VI Administrative provisions A Personnel provisions 601. Officers and employees (a) Authority of Secretary To appoint and fix compensation Except as otherwise provided in this section, the Secretary may appoint and fix the compensation of such officers and employees, including attorneys, as the Secretary determines necessary to carry out the functions of the Department in accordance with chapters 33 and 53 of title 5, United States Code. (b) Appointment of scientific, engineering, and other personnel (1) In general Subject to paragraph (2), the Secretary may— (A) appoint not more than 311 scientific, engineering, professional, and administrative personnel of the Department without regard to the provisions of chapter 33 of title 5, United States Code, governing appointments in the competitive service; and (B) fix the compensation of those personnel at an amount not to exceed the maximum rate payable for GS–18 of the General Schedule under section 5332 of title 5, United States Code. (2) Termination of authority The authority of the Secretary under paragraph (1) shall terminate on the later of— (A) the date on which an individual who is appointed under paragraph (1) leaves that position; or (B) the date that is 4 years after the date of enactment of this Act. (c) Other positions above GS–15 (1) In general Subject to the provisions of chapter 51 of title 5, United States Code, but notwithstanding section 3324 of title 5, United States Code, the Secretary may classify not more than 178 positions of the Department as GS–16, GS–17, or GS–18 without the approval by the Civil Service Commission. (2) Approval by Civil Service Commission Appointments under this subsection may be made without regard to section 3324 of title 5, United States Code, if the individual placed in the position— (A) is transferred to the Department in connection with a transfer of functions under this Act; and (B) immediately prior to the effective date of this Act, held a position and duties comparable to those required by the new position. (3) Termination of authority The authority of the Secretary under this subsection with respect to any position shall terminate on the date on which the first individual who is appointed under paragraph (1) leaves that position. (d) Appointment of additional scientific, engineering, and other personnel In addition to the number of positions that may be classified above GS–15 under section 5108 of title 5, United States Code, the Secretary may— (1) appoint not more than 200 scientific, engineering, professional, and administrative personnel without regard to the provisions of chapter 33 of title 5, United States Code; and (2) fix the compensation of those personnel in an amount not to exceed the maximum rate payable for GS–18 of the General Schedule under section 5332 of title 5, United States Code. (e) Maximum number of positions Of the positions described in subsections (b) and (c) and classified above GS–15 under section 5108(a) of title 5, United States Code— (1) 63 percent shall be GS–16 positions; (2) 25 percent shall be GS–17 positions; and (3) 12 percent shall be GS–18 positions. (f) Intelligence positions All individuals appointed to positions in the Department that the Secretary determines to be devoted to intelligence and intelligence-related activities of the Federal Government are excepted from the competitive service provisions of chapter 33 of title 5, United States Code while employed in those positions. 602. Senior positions In addition to the positions created by title II, there shall be within the Department 14 additional officers in positions authorized by section 5316 of title 5, United States Code, which shall be filled by individuals appointed by the Secretary who shall perform such functions as the Secretary shall prescribe from time to time. 603. Experts and consultants The Secretary may obtain services authorized by section 3109 of title 5, United States Code, at rates not to exceed the daily rate prescribed for grade GS–18 of the General Schedule under section 5332 of title 5, United States Code, for persons employed intermittently in Government service. 604. Advisory committees (a) In general The Secretary may establish in accordance with the Federal Advisory Committee Act (5 U.S.C. App.) such advisory committees as the Secretary determines necessary to assist in the performance of the duties of the Secretary. (b) Travel expenses Members of an advisory committee established under subsection (a), other than full-time employees of the Federal Government, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, while attending meetings of the advisory committee or otherwise serving at the request of the Secretary away from the homes or places of business of the members. B General administrative provisions 611. General authority To the extent 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 function so transferred, any authority available by law (including appropriations Acts) to the official or agency from which the function was transferred. 612. Delegation Except as otherwise expressly prohibited by law, and except as otherwise provided in this Act, the Secretary may, as the Secretary determines to be appropriate— (1) delegate any functions to officers or employees of the Department; and (2) authorize successive redelegations of functions within the Department. 613. Reorganization (a) In general Subject to subsection (b), the Secretary may establish, alter, consolidate, or discontinue such organizational units or components within the Department as the Secretary determines to be appropriate. (b) Limitations (1) In general The authority of the Secretary under subsection (a) shall not extend to— (A) the abolition of any organizational unit or component established by this Act; or (B) the transfer of any function vested by this Act in any organizational unit or component. (2) National Nuclear Security Administration The authority of the Secretary under subsection (a) shall not apply to the National Nuclear Security Administration. 614. Rules The Secretary may promulgate such procedural and administrative regulations as the Secretary determines to be appropriate to administer and manage the functions of the Secretary under this Act. 615. Subpoena (a) In general For the purpose of carrying out this Act, the Secretary (or a designee) shall have the same powers and authorities as the Federal Trade Commission under section 9 of the Federal Trade Commission Act (15 U.S.C. 49) with respect to all functions vested in, or transferred or delegated to, the Secretary by this Act. (b) Natural gas For purposes of carrying out the responsibilities of the Federal Trade Commission under the Natural Gas Policy Act of 1978 (15 U.S.C. 3301 et seq.), the Commission shall have the same powers and authority as the Secretary has under this section. 616. Contracts (a) In general The Secretary may enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with public agencies, private organizations, and individuals, and make such payments (in lump sum or installments, and by way of advance or reimbursement), as the Secretary determines to be appropriate to carry out the functions under this Act. (b) Limitation on authority 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 appropriations Acts. (c) Leasing of excess Department property The Secretary may lease, in accordance with such terms and conditions the Secretary considers to be appropriate to promote national security or the public interest, any acquired real property and related personal property that— (1) is located at a facility of the Department to be closed or reconfigured; (2) at the time the lease is entered into, is not needed by the Department; and (3) is under the control of the Department. (d) Terms of lease (1) In general A lease entered into under subsection (c) shall be for a term of not more than 10 years, except that the Secretary may enter into a lease that includes an option to renew for a term of more than 10 years if the Secretary determines that entering into such a lease will promote the national security or be in the public interest. (2) Consideration (A) In general A lease entered into under subsection (c) may provide for the payment (in cash or in-kind) by the lessee of consideration in an amount that is less than the fair market rental value of the leasehold interest. (B) Services Services relating to the protection and maintenance of the leased property may constitute all or part of the consideration under this paragraph. (e) Environmental concerns (1) In general Subject to paragraph (2), before entering into a lease under subsection (c), the Secretary shall consult with, and obtain the concurrence of, the appropriate State official (with respect to property located on a site that is not listed on the National Priorities List) to determine whether the environmental conditions of the property are such that leasing the property, and the terms and conditions of the lease agreement, are consistent with safety and the protection of public health and the environment. (2) Failure to obtain concurrence The Secretary may enter into a lease under subsection (c) without obtaining the concurrence of the appropriate State official under paragraph (1) if, by the date that 60 days after the date on which the Secretary requests the concurrence, the appropriate State official fails to submit to the Secretary a notice of concurrence with, or rejection of, the determination. (f) Rentals (1) Retention (A) In general To the extent provided in advance in appropriations Acts, the Secretary may retain and use money received by the Secretary directly from a lease entered into under subsection (c) in any amount the Secretary considers to be necessary to cover the administrative expenses of the lease, the maintenance and repair of the leased property, or environmental restoration activities at the facility at which the leased property is located. (B) Treatment Amounts retained under this subsection shall be retained in a separate account established in the Treasury for that purpose. (2) Report The Secretary shall submit to Congress annual reports on the amounts retained and used under this subsection. (g) Additional authorities (1) In general In addition to authority granted to the Secretary under any other provision of law, the Secretary may exercise the same authority to enter into transactions (other than contracts, cooperative agreements, and grants), subject to the same terms and conditions, as the Secretary of Defense under section 2371 of title 10, United States Code (other than subsections (b) and (f) of that section). (2) Application of terms In applying section 2371 of title 10, United States Code, to the Secretary under paragraph (1)— (A) the term basic shall be replaced by the term research; (B) the term applied shall be replaced by the term development; and (C) the terms advanced research projects and advanced research shall be replaced by the term demonstration projects. (3) Relationship to other provisions The authority of the Secretary under paragraph (1) shall not be subject to— (A) section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908); or (B) section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182). (4) Competitive, merit-based selection procedures (A) In general The Secretary shall use such competitive, merit-based selection procedures in entering into transactions under paragraph (1) as the Secretary determines in writing to be practicable. (B) Limitation A transaction under paragraph (1) shall relate to a research, development, or demonstration project only if the Secretary determines in writing that the use of a standard contract, grant, or cooperative agreement for the project is not feasible or appropriate. (5) Disclosure The Secretary may protect from disclosure, for up to 5 years after the date on which the information is developed, any information developed pursuant to a transaction under paragraph (1) that would be protected from disclosure under section 552(b)(4) of title 5, United States Code, if obtained from an individual or entity other than a Federal agency. (6) Guidelines (A) In general The Secretary shall issue guidelines for transactions under paragraph (1). (B) Publication The guidelines under subparagraph (A) shall be published in the Federal Register for public comment in accordance with rulemaking procedures of the Department. (C) Authority The Secretary shall not have authority to carry out transactions under paragraph (1) until the guidelines for transactions required under subparagraph (A) are final. (7) Annual report The Secretary shall submit to Congress the annual report required under section 2371(h) of title 10, United States Code. (8) Delegation The authority of the Secretary under this subsection may be delegated only to an officer of the Department who is appointed by the President by and with the advice and consent of the Senate. (9) Termination Notwithstanding any other provision of law, the authority to enter into transactions under paragraph (1) shall terminate on September 30, 2018. 617. Acquisition and maintenance of property The Secretary may— (1) acquire (by purchase, lease, 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 patents), or any interest in property, as the Secretary determines to be necessary; and (2) provide, by contract or otherwise, for eating facilities and other necessary facilities for the health and welfare of employees of the Department at installations (including through the purchase and maintenance of appropriate equipment). 618. Facilities construction (a) In general As necessary and when not otherwise available, the Secretary may provide for, construct, or maintain the following for employees and dependents stationed at remote locations: (1) Emergency medical services and supplies. (2) Food and other subsistence supplies. (3) Messing facilities. (4) Audiovisual equipment, accessories, and supplies for recreation and training. (5) Reimbursement for food, clothing, medicine, and other supplies furnished by those employees in emergencies for the temporary relief of distressed individuals. (6) Living and working quarters and facilities. (7) Transportation of school-aged dependents of employees to the nearest appropriate educational facilities. (b) Pricing The furnishing of medical treatment under subsection (a)(1) and the furnishing of services and supplies under paragraphs (2) and (3) of subsection (a) shall be at prices reflecting reasonable value, as determined by the Secretary. (c) Treatment (1) In general Proceeds from reimbursements under this section— (A) shall be deposited in the Treasury; and (B) may be withdrawn by the Secretary— (i) to pay directly the cost of work or services; (ii) to repay or make advances to appropriations of funds that will initially bear all or a part of that cost; or (iii) to refund excess sums when necessary. (2) Crediting to funds A payment by the Secretary under paragraph (1)(B) may be credited to a working capital fund otherwise established by law, including the fund established pursuant to section 622, and used under the law governing the fund, if the fund is available for use by the Department for performing the work or services for which payment is received. 619. Use of facilities (a) In general On the consent of the Federal Government or the government of any foreign country, State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, with or without reimbursement, the Secretary and the Federal Energy Regulatory Commission may use the research, equipment, and facilities of such a government (or political subdivision) in carrying out the functions under this Act. (b) Use of property (1) In general Except as provided in paragraph (2), in carrying out this Act, the Secretary may permit the use by public and private individuals and entities of any real property, facility, structure, or improvement under the jurisdiction of the Secretary for purposes of the Department, under such terms and at such rates as the Secretary determines to be appropriate, for a period of not more than 5 years. (2) Reconditioning and maintenance The Secretary may require any individual or entity to which a permit is provided under this subsection to recondition and maintain, at the expense of the individual or entity, the real property, facilities, structures, and improvements involved to a satisfactory standard. (3) Exception This subsection shall not apply to excess property (as defined in section 102 of title 40, United States Code). (c) Proceeds (1) In general Except as provided in paragraph (2), the proceeds from reimbursements under this section— (A) shall be deposited in the Treasury; and (B) may be withdrawn by the Secretary or the head of another appropriate Federal department or agency— (i) to pay directly the costs of the equipment and facilities provided; (ii) to repay or make advances to appropriations or funds that do or will initially bear all or a part of those costs; or (iii) to refund excess sums as necessary. (2) Exception The proceeds described in paragraph (1) may be credited to a working capital fund otherwise established by law (including the fund established pursuant to section 622) and used in accordance the laws governing that fund, if the fund is available for use for providing the equipment or facilities involved. 620. Field offices The Secretary may establish, alter, consolidate, or discontinue to maintain such State, regional, district, local, or other field offices as the Secretary determines to be necessary to carry out this Act. 621. Copyrights The Secretary may acquire any of the following described rights if the property so acquired is for use by or for, or useful to, the Department: (1) Copyrights, patents, and applications for patents, designs, processes, and manufacturing data. (2) Licenses under copyrights, patents, and applications for patents. (3) Releases, before suit is brought, for past infringement of patents or copyrights. 622. Capital fund (a) Establishment The Secretary may establish a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as the Secretary determines to be appropriate in the interests of economy and efficiency, including services such as— (1) a central supply service for stationery and other supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department; (2) central messenger, mail, telephone, and other communications services; (3) office space and central services for document reproduction, graphics, and visual aids; and (4) a central library service. (b) Transfers The capital of the fund shall consist of— (1) any appropriations made for the purpose of providing capital; and (2) the fair and reasonable value of such stocks 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. (c) Reimbursement Amounts in the fund 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 that approximate the expense of operation, including the accrual of annual leave and the depreciation of equipment. (d) Credits The fund shall be credited with receipts— (1) from sale or exchange of property; and (2) in payment for loss or damage to property owned by the fund. (e) Surplus amounts There shall be covered into the Treasury as miscellaneous receipts any surplus amounts in the fund (all assets, liabilities, and prior losses considered), in excess of the amounts transferred or appropriated to establish and maintain the fund. 623. Seal of Department (a) In general The Secretary shall cause a seal of office to be made for the Department. (b) Judicial notice Judicial notice shall be taken of the seal under this section. 624. Regional energy advisory boards (a) In general The Governors of the States in each region may establish 1 regional energy advisory board for each region, to include such membership as the Governors determine to be appropriate. (b) Observers (1) In general The following officials (or a designee) may participate as observers in the deliberations of any board established under subsection (a): (A) The Secretary. (B) The Secretary of Commerce. (C) The Secretary of the Interior. (D) The Chairman of the Council on Environmental Quality. (E) The Commandant of the Coast Guard. (2) Other commissions The Federal cochairperson of the Appalachian Regional Commission or any regional commission under title V of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3191 et seq.) may participate as an observer in the deliberations of any board established under subsection (a) that includes one or more States that are members of the regional commission. (c) Recommendations (1) In general Each board established under subsection (a) may make such recommendations as are appropriate to programs of the Department having a direct effect on the region of the board. (2) Failure to adopt If a board makes a specific recommendation under paragraph (1) that is not adopted in the implementation of a program described in that paragraph, the Secretary shall notify the Board in writing of the reasons for not adopting the recommendation. 625. Designation of conservation officers (a) Designation 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 head of the United States Postal Service, and the Administrator of General Services shall each designate 1 Assistant Secretary or Assistant Administrator, as applicable, as the principal conservation officer of the respective department or agency. (b) Duties A principal conservation officer designated under subsection (a) shall be principally responsible for— (1) the planning and implementation of energy conservation programs by the applicable department or agency; and (2) coordination with the Department with respect to energy matters. (c) Publication (1) In general Each department and agency described in subsection (a) shall periodically inform the Secretary of the identity of the relevant conservation officer. (2) List The Secretary shall periodically publish a list identifying conservation officers under this section, based on the information provided under paragraph (1). 626. Annual report (a) In general As soon as practicable after the end of each fiscal year commencing with the first complete fiscal year following the date of enactment of this Act, the Secretary shall submit to the President, for inclusion in a report to Congress, a report on the activities of the Department during the preceding fiscal year. (b) Inclusions Each report under subsection (a) shall include— (1) a statement of the goals, priorities, and plans of the Secretary for the Department, together with an assessment of the progress made toward— (A) the attainment of those goals; (B) the effective and efficient management of the Department; and (C) progress made in coordination of departmental functions with other Federal departments and agencies; (2) the information required by— (A) section 15 of the Federal Energy Administration Act of 1974 (15 U.S.C. 774); (B) section 365(c) of the Energy Policy and Conservation Act (42 U.S.C. 6325(c)); (C) section 304(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10224(c)); (D) section 307 of the Energy Reorganization Act of 1974 (42 U.S.C. 5877); and (E) section 15 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5914); (3) the projected energy needs of the United States to meet the requirements of the general welfare of the residents and the commercial and industrial entities of the United States, 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 that are unincorporated or rural areas, as specified by the Bureau of the Census; (4) an estimate of— (A) the domestic and foreign energy supply on which the United States will be expected to rely to meet those needs in an economic manner, with due regard for the protection 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 those quantities; (5) current and foreseeable trends in the price, quality, management, and use of energy resources and the effects of those trends on the social, environmental, economic, and other requirements of the United States; (6) a summary of research and development efforts funded by the Federal Government to develop new technologies, to forestall energy shortages, to reduce waste, to foster recycling, to encourage conservation practices, and to increase efficiency, including a description of the activities carried out by the Department in support of environmental, social, economic, institutional, biomedical, physical, and safety research, development, demonstration, and monitoring activities necessary to guarantee that technological programs funded by the Department are carried out in a manner that is capable of— (A) maintaining or improving the quality of the environment; and (B) mitigating any undesirable environmental and safety impacts; (7) a review and appraisal of the adequacy and appropriateness of technologies, procedures, and practices (including competitive and regulatory practices) employed by the Federal Government or State and local governments and nongovernmental entities to achieve the purposes of this Act; (8) a summary of cooperative and voluntary efforts that have been mobilized to promote conservation and recycling, together with plans for such efforts during the succeeding fiscal year, and recommendations for changes in laws and regulations needed to encourage more conservation and recycling by all segments of the United States; (9) a summary of substantive measures taken by the Department— (A) to stimulate and encourage the development of new manpower resources through institutions of higher education in the United States; and (B) to involve those institutions in the execution of the research and development programs of the Department; and (10) to the maximum extent practicable, a summary of activities in the United States by individuals or entities that are foreign-owned or -controlled and that own or control United States energy 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 individuals or entities, and such other related matters as the Secretary determines to be appropriate. 627. Transfer of funds (a) In general Except as provided in subsection (b), the Secretary, as authorized in an appropriations Act, may transfer for any fiscal year funds from 1 appropriation to another within the Department. (b) Exception No appropriation shall be increased or decreased pursuant to this section by more than 5 percent of the appropriation for the applicable fiscal year. 628. Guards for Strategic Petroleum Reserve facilities In accordance with guidelines prescribed by the Secretary, in concurrence with the Attorney General, employees of the Department and employees of contractors and subcontractors (at any tier) of the Department, in carrying out the official duties of protecting the Strategic Petroleum Reserve or a storage or related facility, or of protecting individuals relating to the Strategic Petroleum Reserve or a storage or related facility, may— (1) carry firearms, if designated by the Secretary and qualified for the use of firearms under the guidelines; and (2) arrest without warrant any individual for an offense against the United States— (A) in the case of a felony, if the employee has reasonable grounds to believe that the individual— (i) has committed or is committing a felony; and (ii) is in, or is fleeing from, the immediate area of the felony; and (B) in the case of a felony or misdemeanor, if the violation is committed in the presence of the employee. 629. Trespass on Strategic Petroleum Reserve facilities (a) Regulations (1) In general The Secretary may promulgate regulations relating to the entry on, or carrying, transporting, or otherwise introducing or causing to be introduced any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to individuals or property into or onto, the Strategic Petroleum Reserve, a storage or related facility, or real property subject to the jurisdiction or administration, or in the custody, of the Secretary under part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.). (2) Notice The Secretary shall post conspicuously on any property subject to the regulations under paragraph (1) a notification that the property is subject to the regulations. (b) Violators Any individual who willfully violates a regulation of the Secretary promulgated pursuant to subsection (a) shall be— (1) guilty of a misdemeanor; and (2) punished on conviction by a fine of not more than $5,000, imprisonment for not more than 1 year, or both. 630. Annual assessment and report on vulnerability of facilities to terrorist attack (a) In general Not less frequently than once each year, the Secretary shall conduct a comprehensive assessment of the vulnerability of Department facilities to a terrorist attack. (b) Reports Not later than June 1, 2015, and annually thereafter, the Secretary shall submit to Congress a report on the assessment conducted under subsection (a) for the preceding calendar year, including the results of the assessment, together with such findings and recommendations as the Secretary considers to be appropriate. VII Transitional, savings, and conforming provisions 701. Transfer and allocations of appropriations and personnel (a) In general Except as otherwise provided in this Act, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions transferred by this Act, subject to section 1531 of title 31, United States Code, are transferred to the Secretary for appropriate allocation. (b) Use of unexpended funds Unexpended funds transferred pursuant to subsection (a) shall only be used for the purposes for which the funds were originally authorized and appropriated. (c) Specific positions Positions expressly specified by statute or reorganization plan to carry out functions transferred by this Act, personnel occupying those positions on the effective date of this Act, and personnel authorized to receive compensation in those positions at the rate prescribed for offices and positions at level I, II, III, IV, or V of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, on the effective date of this Act, shall be subject to section 703. 702. Effect on personnel (a) In general Except as otherwise provided in this Act or by the Secretary, the transfer pursuant to this title of full-time personnel (except special Government 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 1 year after the date of enactment of this Act. (b) Compensation Any person who, on the effective date of this Act, holds a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding the appointment shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of service in the new position. (c) Reemployment rights (1) In general An employee transferred to the Department who holds reemployment rights acquired under any provision of law or regulation may exercise those rights only during the latter of— (A) the 120-day period beginning on the effective date of this Act; or (B) the 2-year period beginning on the date on which the employee acquired the reemployment rights. (2) Requirement Reemployment rights may only be exercised at the request of the employee. 703. Agency terminations (a) In general Except as otherwise provided in this Act, whenever all of the functions vested by law in any agency, commission, or other body, or any component of an agency, commission, or other body, have been terminated or transferred from that agency, commission, or other body, or component by this Act, the agency, commission, or other body, or component, shall terminate. (b) Termination of positions and offices If an agency, commission, or other body, or any component of an agency, commission, or other body, terminates pursuant to subsection (a), each position and office within the agency, commission, or other body, or component, that was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level II, III, IV, or V of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, shall terminate. 704. Incidental transfers The Director of the Office of Management and Budget, in consultation with the Secretary and the Commission, shall make such determinations as may be necessary with regard to the transfer of functions that relate to or are used by an agency, commission or other body, or component of an agency, commission, or other body, affected by this Act, to make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with the functions transferred by this Act, as the Director considers necessary to accomplish the purposes of this Act. 705. Savings provisions (a) Orders To remain in effect (1) In general All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges described in paragraph (2) shall continue in effect according to their respective terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, the Commission, or other authorized officials, a court of competent jurisdiction, or by operation of law. (2) Specification Paragraph (1) applies to all orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges that— (A) have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency, official of a Federal department or agency, or by a court of competent jurisdiction, in the performance of functions that are transferred under this Act to the Department or the Commission after the date of enactment of this Act; and (B) are in effect on the date on which this Act takes effect. (b) Pending proceedings (1) In general This Act shall not affect any proceedings or any application for any license, permit, certificate, or financial assistance pending before any department, agency, commission, or component of a department, agency, or commission, functions of which are transferred by this Act on the date on which this Act takes effect. (2) Continuation (A) In general To the extent that proceedings and applications described in paragraph (1) relate to functions transferred by this Act— (i) the proceedings and applications shall be continued; and (ii) orders shall be issued, appeals shall be taken, and payments shall be made pursuant to the orders, as if this Act had not been enacted. (B) Effect Orders issued in any proceeding continued under this paragraph shall continue in effect until modified, terminated, superseded, or revoked by— (i) a duly authorized official; (ii) a court of competent jurisdiction; or (iii) operation of law. (C) Discontinuance or modification Nothing in this subsection prohibits the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and conditions and to the same extent that the proceeding could have been discontinued or modified if this Act had not been enacted. (3) Regulations The Secretary and the Commission may promulgate regulations providing for the orderly transfer of proceedings described in paragraph (1) to the Department or the Commission. (c) Pending suits (1) In general Except as provided in paragraph (3)— (A) this Act shall not affect suits commenced prior to the effective date of this Act; and (B) in all suits described in subparagraph (A), proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (2) Suits by and against officers in official capacity and departments and agencies (A) Offices No suit, action, or other proceeding commenced by or against any officer in the official capacity of the officer as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. (B) Departments and agencies No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer of a department or agency in the official capacity of the officer, shall abate by reason of the enactment of this Act. (3) Transfer If, before the effective date of this Act, any department or agency, or officer of a department or agency in the official capacity of the officer, is a party to a suit, and under this Act any function of the department, agency, or officer is transferred to the Secretary or any other official, then the suit shall be continued with the Secretary or other official, as applicable, substituted. 706. Reference With respect to any functions transferred by this Act and exercised after the effective date of this Act, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary, the Commission, or other official or component of the Department in which this Act vests those functions. 707. Presidential authority Except as provided in title IV, nothing in this Act limits, curtails, abolishes, or terminates— (1) any function of, or authority available to, the President that the President had immediately before the effective date of this Act; or (2) the authority of the President to delegate, redelegate, or terminate any delegation of functions. 708. Transition With the consent of the appropriate department or agency head concerned, the Secretary may use the services of the officers, employees, and other personnel of the departments and agencies from which functions have been transferred to the Secretary for such period of time as may reasonably be needed to facilitate the orderly transfer of functions under this Act. 709. Administrative amendments (a) Executive departments Section 101 of title 5, United States Code is amended by striking Department of Energy and inserting Department of Energy and the Environment. (b) Level I Section 5312 of title 5, United States Code, is amended by striking Secretary of Energy and inserting Secretary of Energy and the Environment. (c) Level II Section 5313 of title 5, United States Code, is amended— (1) by striking Deputy Secretary of Energy and inserting Deputy Secretary of Energy and the Environment; and (2) by striking Administrator of the Environmental Protection Agency.. (d) Level III Section 5314 of title 5, United States Code, is amended by striking Under Secretaries of Energy (3) and inserting Under Secretaries of Energy and the Environment (4). (e) Level IV Section 5315 of title 5, United States Code, is amended— (1) by striking Assistant Secretaries of Energy (8) and inserting Assistant Secretaries of Energy and the Environment (18); (2) by striking General Counsel of the Department of Energy and inserting General Counsel of the Department of Energy and the Environment; (3) by striking Administrator, Economic Regulatory Administration, Department of Energy.; (4) by striking Administrator, Energy Information Administration, Department of Energy. and inserting Administrator, Energy and Environment Information Administration, Department of Energy and the Environment.; (5) by striking Director, Office of Indian Energy Policy and Programs, Department of Energy; (6) by striking Director, Office of Science, Department of Energy.; (7) by striking Assistant Administrator for Toxic Substances, Environmental Protection Agency.; (8) by striking Assistant Administrator, Office of Solid Waste, Environmental Protection Agency.; (9) by striking Assistant Administrators, Environmental Protection Agency (8).; (10) by striking Chief Financial Officer, Department of Energy and inserting Chief Financial Officer, Department of Energy and the Environment; (11) by striking Chief Financial Officer, Environmental Protection Agency.; (12) by striking Chief Information Officer, Department of Energy and inserting Chief Information Officer, Department of Energy and the Environment; and (13) by striking Chief Information Officer, Environmental Protection Agency.. (f) Level V Section 5316 of title 5, United States Code, is amended by striking Additional Officers, Department of Energy (14) and inserting Additional Officers, Department of Energy and the Environment (14). 710. Director of Office of Personnel Management report As soon as practicable but not later than 1 year after the effective date of this Act, the Director of the Office of Personnel Management shall prepare and submit to Congress a report on the effects on employees of the reorganization under this Act, which shall include— (1) an identification of any position within the Department or elsewhere in the Executive branch that the Director considers unnecessary due to consolidation of functions under this Act; (2) a statement of the number of employees entitled to pay savings by reason of the reorganization under this Act; (3) a statement of the number of employees who are voluntarily or involuntarily separated by reason of the reorganization; (4) an estimate of the personnel costs associated with the reorganization; (5) the effects of the reorganization on labor management relations; and (6) such legislative and administrative recommendations for improvements in personnel management within the Department as the Director considers necessary. 711. Investigations and reports on duplicative programs and activities The Secretary shall— (1) conduct routine investigations to identify programs, offices, and initiatives with duplicative goals and activities within the Department; and (2) report annually to Congress on the findings from the investigations (including the cost of such duplication), including recommendations for consolidation and elimination to reduce duplication and for specific rescissions. 712. Environmental impact statements The transfer of functions under titles III and IV shall not affect the validity of any draft environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and published before the effective date of this Act. 713. Conforming amendments The Department of Energy Organization Act (42 U.S.C. 7101 et seq.) is repealed. VIII Energy planning 801. National Energy Policy Plan (a) In general The President shall— (1) in accordance with subsection (b), prepare and submit to Congress a proposed National Energy Policy Plan (referred to in this title as a proposed Plan); (2) seek the active participation by regional, State, and local agencies and instrumentalities and the private sector through public hearings in cities and rural communities and other appropriate means to ensure, to the maximum extent practicable, that the views and proposals of all segments of the economy are taken into account in the formulation and review of the proposed Plan; (3) include in the proposed Plan a comprehensive summary 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 that are unincorporated or are specified by the Bureau of the Census as rural areas. (b) Contents of proposed Plan Not later than April 1, 2015, and biennially thereafter, the President shall submit to Congress the proposed Plan, which shall— (1) consider and establish energy production, use, and conservation objectives, for periods of 5 and 10 years, necessary to satisfy projected energy needs of the United States to meet the requirements of the general welfare of the people of the United States and the commercial and industrial life of the United States, paying particular attention to the needs for— (A) full employment; (B) price stability; (C) energy security; (D) economic growth; (E) environmental protection; (F) nuclear nonproliferation; (G) special regional needs; and (H) the efficient use of public and private resources; (2) identify the strategies that should be followed and the resources that should be committed to achieve those objectives, including— (A) forecasting the level of production and investment necessary in each of the significant energy supply sectors and the level of conservation and investment necessary in each consuming sector; and (B) outlining the appropriate policies and actions of the Federal Government that will maximize the private production and investment necessary in each of the significant energy supply sectors consistent with applicable Federal, State, and local environmental laws, standards, and requirements; and (3) contain recommendations for legislative and administrative actions necessary to achieve the objectives of the proposed Plan, including legislative recommendations with respect to taxes or tax incentives, Federal funding, regulatory actions, antitrust policy, foreign policy, and international trade. (c) Contents of report The President shall submit to Congress with the proposed Plan a report that shall include— (1) any data and analysis necessary to support the objectives, resource needs, and policy recommendations contained in the 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 implement foreign policy objectives; (3) an evaluation of current and foreseeable trends in the price, quality, management, and use of energy resources and the effects of those trends on the social, environmental, economic, and other requirements of the United States; (4) a summary of research and development efforts funded by the Federal Government— (A) to forestall energy shortages; (B) to reduce waste; (C) to foster recycling; (D) to encourage conservation practices; and (E) to otherwise protect environmental quality, including recommendations for developing technologies to accomplish the purposes listed in subparagraphs (A) through (D); and (5) a review and appraisal of the adequacy and appropriateness of technologies, procedures, and practices (including competitive and regulatory practices) employed by Federal, State, and local governments and nongovernmental entities to achieve the purposes of the proposed Plan. (d) Consultation required The President shall ensure that consumers, small businesses, and a wide range of other interests, including those of individual citizens who have no financial interest in the energy industry, are consulted in the development of the proposed Plan. 802. Congressional review (a) In general Each proposed Plan shall be referred to the appropriate committees of the Senate and the House of Representatives. (b) Committee action Each committee to which a proposed Plan is referred shall— (1) review the proposed Plan; and (2) if considered appropriate by the committee, report to the Senate or the House of Representatives legislation regarding the proposed Plan, which may contain such alternatives to, modifications of, or additions to the proposed Plan submitted by the President as the committee considers appropriate. IX Effective date and interim appointments 901. Effective date (a) In general Except as provided in subsection (b), this Act shall take effect on the earlier of— (1) 120 days after the Secretary first takes office; or (2) such date as the President may prescribe and publish in the Federal Register. (b) Appointments and regulations At any time after the date of enactment of this Act— (1) any of the officers provided for in titles II and IV may be nominated and appointed, as provided in those titles; and (2) the Secretary and the Commission may promulgate regulations pursuant to section 705. (c) Use of funds Funds available to any department or agency (or any official or component of a department or agency) 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 subsection (b) until such time as funds for that purpose are otherwise available. 902. Interim appointments (a) In general If 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, whose 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 the office until the office is filled as provided in this Act. (b) Compensation Any person acting in an office in accordance with subsection (a) shall receive compensation at the rates provided by this Act for the respective office in which the person acts.