,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ecbb ,,in ,,the ,,house ,,of ,,representatives ,july #ca1 #bjad ,mrs4 ,blackburn 7for herself and ,mr4 ,roe of ,tennessee7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committees on ,energy and ,commerce and ,rules1 for a period to be subsequently determined by the ,speaker1 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 ,environment1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,consolidate ,heavy-handed and ,outdated ,programs ,act of #bjad4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,title ,i--,mission and goals ,sec4 #aja4 ,mission4 ,sec4 #ajb4 ,goals4 ,sec4 #ajc4 ,relationship with ,states4 ,title ,,ii--,establishment of ,department ,sec4 #bja4 ,establishment4 ,sec4 #bjb4 ,principal officers4 ,sec4 #bjc4 ,assistant ,secretaries4 ,sec4 #bjd4 ,other officers4 ,sec4 #bje4 ,federal ,energy ,regulatory ,commission4 ,sec4 #bjf4 ,energy and ,environmental ,information ,administration4 ,sec4 #bjg4 ,comptroller ,general functions4 ,sec4 #bjh4 ,office of ,science4 ,sec4 #bji4 ,establishment of policy for ,national ,nuclear ,security ,administration4 ,sec4 #baj4 ,establishment of security1 counterintelligence1 and intelligence policies4 ,sec4 #baa4 ,office of ,intelligence and ,counterintelligence4 ,sec4 #bab4 ,office of ,indian ,energy ,policy and ,programs4 ,title ,,iii--,transfer of functions ,sec4 #cja4 ,transfer of functions4 ,sec4 #cjb4 ,power ,administrations4 ,title ,,iv--,federal ,energy ,regulatory ,commission ,sec4 #dja4 ,appointment and administration4 ,sec4 #djb4 ,jurisdiction of ,commission4 ,sec4 #djc4 ,initiation of rulemaking proceedings before ,commission4 ,sec4 #djd4 ,referral of other rulemaking proceedings to ,commission4 ,sec4 #dje4 ,right of ,secretary to intervene in ,commission proceedings4 ,sec4 #djf4 ,reorganization4 ,sec4 #djg4 ,access to information4 ,title ,v--,administrative procedures and judicial review ,sec4 #eja4 ,procedures4 ,sec4 #ejb4 ,judicial review4 ,sec4 #ejc4 ,remedial orders4 ,sec4 #ejd4 ,requests for adjustments4 ,sec4 #eje4 ,review and effect4 ,title ,,vi--,administrative provisions ,subtitle ,a--,personnel provisions ,sec4 #fja4 ,officers and employees4 ,sec4 #fjb4 ,senior positions4 ,sec4 #fjc4 ,experts and consultants4 ,sec4 #fjd4 ,advisory committees4 ,subtitle ,b--,general administrative provisions ,sec4 #faa4 ,general authority4 ,sec4 #fab4 ,delegation4 ,sec4 #fac4 ,reorganization4 ,sec4 #fad4 ,rules4 ,sec4 #fae4 ,subpoena4 ,sec4 #faf4 ,contracts4 ,sec4 #fag4 ,acquisition and maintenance of property4 ,sec4 #fah4 ,facilities construction4 ,sec4 #fai4 ,use of facilities4 ,sec4 #fbj4 ,field offices4 ,sec4 #fba4 ,copyrights4 ,sec4 #fbb4 ,capital fund4 ,sec4 #fbc4 ,seal of ,department4 ,sec4 #fbd4 ,regional energy advisory boards4 ,sec4 #fbe4 ,designation of conservation officers4 ,sec4 #fbf4 ,annual report4 ,sec4 #fbg4 ,transfer of funds4 ,sec4 #fbh4 ,guards for ,strategic ,petroleum ,reserve facilities4 ,sec4 #fbi4 ,trespass on ,strategic ,petroleum ,reserve facilities4 ,sec4 #fcj4 ,annual assessment and report on vulnerability of facilities to terrorist attack4 ,title ,,vii--,transitional1 savings1 and conforming provisions ,sec4 #gja4 ,transfer and allocations of appropriations and personnel4 ,sec4 #gjb4 ,effect on personnel4 ,sec4 #gjc4 ,agency terminations4 ,sec4 #gjd4 ,incidental transfers4 ,sec4 #gje4 ,savings provisions4 ,sec4 #gjf4 ,reference4 ,sec4 #gjg4 ,presidential authority4 ,sec4 #gjh4 ,transition4 ,sec4 #gji4 ,administrative amendments4 ,sec4 #gaj4 ,director of ,office of ,personnel ,management report4 ,sec4 #gaa4 ,investigations and reports on duplicative programs and activities4 ,sec4 #gab4 ,environmental impact statements4 ,sec4 #gac4 ,conforming amendments4 ,title ,,viii--,energy planning ,sec4 #hja4 ,national ,energy ,policy ,plan4 ,sec4 #hjb4 ,congressional review4 ,title ,,ix--,effective date and interim appointments ,sec4 #ija4 ,effective date4 ,sec4 #ijb4 ,interim appointments4 #b4 ,definitions ,in this ,act3 7#a7 ,assets ,the term assets includes contracts1 facilities1 property1 records1 unobligated or unexpended balances of appropriations1 and other funds or resources 7other than personnel74 7#b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#c7 ,department ,the term ,department means the ,department of ,energy and the ,environment4 7#d7 ,function ,the term function includes any authority1 power1 right1 privilege1 immunity1 program1 project1 activity1 duty1 and responsibility4 7#e7 ,local government ,the term local government means-- 7,a7 a county1 municipality1 city1 town1 township1 local public authority1 school district1 special district1 intrastate district1 council of governments 7regardless of whether the council of governments is incorporated as a nonprofit corporation under ,state law71 regional or interstate government entity1 or agency or instrumentality of a local government2 7,b7 an ,indian tribe or authorized tribal organization or1 in the ,state of ,alaska1 a ,native village or ,alaska ,regional ,native ,corporation2 and 7,c7 a rural community1 unincorporated town or village1 or other public entity4 7#f7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#g7 ,perform ,the term perform1 with respect to a function1 includes-- 7,a7 the undertaking1 fulfillment1 or execution of any duty or obligation2 and 7,b7 the exercise of any power1 authority1 right1 or privilege4 7#h7 ,personnel ,the term personnel means officers and employees4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,energy and the ,environment4 7#aj7 ,state ,the term ,state means-- 7,a7 each of the several ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7,g7 any other territory or possession of the ,united ,states4 7#aa7 ,united ,states ,the term ,united ,states1 when used in a geographical sense1 means-- 7,a7 all of the ,states2 and 7,b7 any waters within the jurisdiction of the ,united ,states4 ,i ,mission and goals #aja4 ,mission ,the primary mission of the ,department is to ensure the security and prosperity of the ,united ,states by-- 7#a7 protecting human health2 7#b7 safeguarding the natural environment2 and 7#c7 addressing the energy1 environmental1 and nuclear challenges of the ,united ,states through transformative science and technology solutions4 #ajb4 ,goals ,the goals of the ,department are-- 7#a7 to catalyze the timely1 material1 and efficient transformation of the energy system of the ,united ,states and secure the leadership of the ,united ,states in energy technologies2 7#b7 to maintain a vibrant effort in science and engineering as a cornerstone of the economic prosperity of the ,united ,states1 with clear leadership in strategic areas2 7#c7 to protect human health and safeguard the natural environment2 and 7#d7 to enhance nuclear security through defense1 nonproliferation1 and environmental efforts4 #ajc4 ,relationship with ,states 7a7 ,in general ,if any proposed action by the ,department conflicts with the energy or environment plan of any ,state1 the ,department shall give due consideration to the needs of the ,state1 and if practicable1 attempt to resolve the conflict through consultations with appropriate ,state officials4 7b7 ,state matters ,nothing in this ,act shall affect the authority of any ,state over matters exclusively within the jurisdiction of the ,state4 ,,ii ,establishment of ,department #bja4 ,establishment 7a7 ,establishment ,there is established at the seat of government an executive department to be known as the ,department of ,energy and the ,environment4 7b7 ,secretary ,there shall be at the head of the ,department a ,secretary of ,energy and the ,environment1 who shall be appointed by the ,president by and with the advice and consent of the ,senate4 7c7 ,administration ,the ,department shall be administered1 in accordance with this ,act1 under the supervision and direction of the ,secretary4 #bjb4 ,principal officers 7a7 ,deputy ,secretary 7#a7 ,in general ,there shall be in the ,department a ,deputy ,secretary1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,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 vacant4 7#c7 ,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 offices4 7b7 ,under ,secretary of ,environment 7#a7 ,in general ,there shall be in the ,department an ,under ,secretary of ,environment1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,duties ,the ,under ,secretary of ,environment shall perform such functions and duties as the ,secretary shall prescribe1 consistent with this ,act4 7c7 ,under ,secretary of ,nuclear ,security 7#a7 ,in general ,there shall be in the ,department an ,under ,secretary of ,nuclear ,security1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,qualifications ,the ,under ,secretary of ,nuclear ,security shall be appointed from among individuals who-- 7,a7 have extensive backgrounds in national security1 organizational management1 and appropriate technical fields2 and 7,b7 are well qualified to manage the nuclear weapons1 nonproliferation1 and materials disposition programs of the ,national ,nuclear ,security ,administration in a manner that advances and protects the national security of the ,united ,states4 7#c7 ,administrator of ,nuclear ,security 7,a7 ,in general ,the ,under ,secretary of ,nuclear ,security shall serve as the ,administrator of ,nuclear ,security under section #cbab of the ,national ,nuclear ,security ,administration ,act 7#ej ,u4,s4,c4 #bdjb74 7,b7 ,functions 7i7 ,in general ,in carrying out the functions of the ,administrator1 the ,under ,secretary shall be subject to the authority1 direction1 and control of the ,secretary4 7ii7 ,delegation ,the authority1 direction1 and control of the ,secretary may be delegated only to the ,deputy ,secretary of ,energy and the ,environment1 without redelegation4 7d7 ,under ,secretary of ,science 7#a7 ,in general ,there shall be in the ,department an ,under ,secretary of ,science1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,qualifications ,the ,under ,secretary of ,science shall be appointed from among individuals who-- 7,a7 have extensive background in scientific or engineering fields2 and 7,b7 are well qualified to manage the civilian research and development programs of the ,department4 7#c7 ,duties ,the ,under ,secretary of ,science shall-- 7,a7 serve as the ,science and ,technology ,advisor to the ,secretary2 7,b7 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 programs2 7,c7 advise the ,secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the ,department2 7,d7 advise the ,secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the ,department2 7,e7 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 ,department2 7,f7 advise the ,secretary with respect to long-term planning1 coordination1 and development of a strategic framework for ,department research and development activities2 and 7,g7 carry out such additional duties that the ,secretary assigns to the ,under ,secretary relating to basic and applied research1 including supervision or support of research activities carried out by any of the ,assistant ,secretaries designated by section #bjc1 as the ,secretary determines appropriate4 7e7 ,under ,secretary of ,energy 7#a7 ,in general ,there shall be in the ,department an ,under ,secretary of ,energy1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,duties ,the ,under ,secretary of ,energy shall perform such functions and duties as the ,secretary shall prescribe1 consistent with this ,act4 7f7 ,general ,counsel 7#a7 ,in general ,there shall be in the ,department a ,general ,counsel1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,duties ,the ,general ,counsel shall perform such functions and duties as the ,secretary shall prescribe1 consistent with this ,act4 #bjc4 ,assistant ,secretaries 7a7 ,in general ,there shall be in the ,department #ah ,assistant ,secretaries1 each of whom shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7b7 ,functions ,the ,assistant ,secretaries shall perform such functions of the ,secretary as are prescribed by the ,secretary1 including the following3 7#a7 ,air and radiation functions4 7#b7 ,enforcement and compliance assurance functions4 7#c7 ,legacy management functions4 7#d7 ,solid waste and emergency response functions4 7#e7 ,environmental research and development functions4 7#f7 ,water functions4 7#g7 ,chemical safety and pollution prevention functions4 7#h7 ,environmental management functions4 7#i7 ,energy resource applications1 including functions dealing with management of all forms of energy production and utilization1 including fuel supply1 electric power supply1 enriched uranium production1 energy technology programs1 and the management of energy resource leasing procedures on ,federal land4 7#aj7 ,energy research and development functions1 including the responsibility for policy and management of research and development for all aspects of-- 7,a7 solar energy resources2 7,b7 geothermal energy resources2 7,c7 recycling energy resources2 7,d7 the fuel cycle for fossil energy resources2 and 7,e7 the fuel cycle for nuclear energy resources4 7#aa7 ,environmental responsibilities and functions1 including-- 7,a7 advising the ,secretary with respect to the conformance of the activities of the ,department to environmental protection laws and principles2 and 7,b7 conducting a comprehensive program of research and development on the environmental effects of energy technologies and programs4 7#ab7 ,international programs and international policy functions1 including functions that assist in promoting international energy4 7#ac7 ,intergovernmental policies and relations1 including responsibilities for ensuring that-- 7,a7 national energy policies are reflective of and responsible to the needs of ,state and local governments2 and 7,b7 other components of the ,department coordinate activities with ,state and local governments1 if appropriate1 and develop intergovernmental communications with ,state and local governments4 7#ad7 ,competition and consumer affairs1 including responsibilities for-- 7,a7 the promotion of competition in the energy industry2 7,b7 the protection of the consuming public in the energy policymaking processes2 and 7,c7 assisting the ,secretary in the formulation and analysis of policies1 rules1 and regulations relating to competition and consumer affairs4 7#ae7 ,nuclear waste management responsibilities1 including-- 7,a7 the establishment of control over existing ,federal ,government facilities for the treatment and storage of nuclear wastes1 including all containers1 casks1 buildings1 vehicles1 equipment1 and all other materials associated with the facilities2 7,b7 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 7other than the site of a licensed nuclear power electric generating facility71 except that nothing in this paragraph shall alter or effect title to the waste2 7,c7 the establishment of temporary and permanent facilities for storage1 management1 and ultimate disposal of nuclear wastes2 7,d7 the establishment of facilities for the treatment of nuclear wastes2 7,e7 the establishment of programs for the treatment1 management1 storage1 and disposal of nuclear wastes2 7,f7 the establishment of fees or user charges for nuclear waste treatment or storage facilities1 including fees to be charged ,federal ,government agencies2 and 7,g7 the promulgation of rules and regulations to implement the authority described in this paragraph1 except that nothing in this section grants to the ,department regulatory functions of the ,nuclear ,regulatory ,commission1 or any additional related functions1 as of the date of enactment of this ,act4 7#af7 ,energy conservation functions1 including-- 7,a7 the development of comprehensive energy conservation strategies for the ,united ,states2 7,b7 the planning and implementation of major research and demonstration programs for the development of technologies and processes to reduce total energy consumption2 7,c7 the administration of voluntary and mandatory energy conservation programs2 and 7,d7 the dissemination to the public of all available information on energy conservation programs and measures4 7#ag7 ,power marketing functions1 including responsibility for marketing and transmission of ,federal power4 7#ah7 ,public and congressional relations functions1 including responsibilities for providing a continuing liaison between the ,department and ,congress and the ,department and the public4 7c7 ,specific functions ,at the time the name of any individual is submitted for confirmation to the position of ,assistant ,secretary1 the ,president shall identify with particularity the one or more functions described in subsection 7b7 7or any portion of the function7 for which the individual will be responsible4 #bjd4 ,other officers 7a7 ,inspector ,general ,there is an ,inspector ,general of the ,department1 who shall be appointed as provided in section #c7;a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app474 7b7 ,other officers ,to assist the ,secretary in the performance of the functions of the ,secretary1 there are the following officers of the ,department1 who shall be appointed by the ,secretary3 7#a7 ,a ,chief ,financial ,officer4 7#b7 ,a ,congressional and ,intergovernmental ,affairs ,officer4 7#c7 ,a ,community and ,public ,affairs ,officer4 7#d7 ,a ,management and ,human ,resources ,officer4 7#e7 ,a ,hearings and ,appeals ,officer4 7#f7 ,a ,chief ,information ,officer4 7#g7 ,an ,intelligence and ,counterintelligence ,officer4 7c7 ,performance of specific functions ,subject to this ,act1 each officer of the ,department shall perform the functions specified by law for the office of the official or prescribed by the ,secretary4 #bje4 ,federal ,energy ,regulatory ,commission 7a7 ,in general ,there shall be within the ,department1 a ,federal ,energy ,regulatory ,commission established in accordance with title ,,iv4 7b7 ,qualifications ,the ,chair and members of the ,commission shall be individuals who1 by demonstrated ability1 background1 training1 or experience1 are specially qualified to assess fairly the needs and concerns of all interests affected by ,federal energy policy4 #bjf4 ,energy and ,environmental ,information ,administration 7a7 ,in general ,there shall be within the ,department an ,energy and ,environmental ,information ,administration4 7b7 ,administrator 7#a7 ,in general ,the ,energy and ,environmental ,information ,administration shall be headed by an ,administrator who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,qualifications ,the ,administrator shall be a person who1 by reason of professional background and experience1 is specially qualified to manage an energy and environmental information system4 7#c7 ,duties ,the ,administrator shall be responsible for carrying out a central comprehensive1 and unified energy data and information program that will collect1 evaluate1 assemble1 analyze1 and disseminate data and information that is relevant to-- 7,a7 energy resource reserves1 energy production1 demand1 and technology1 environmental protection1 and related economic and statistical information2 or 7,b7 the adequacy of energy resources to meet demands in the near and longer term future for the economic and social needs of the ,united ,states4 7c7 ,functions 7#a7 ,in general ,the ,secretary shall delegate to the ,administrator the functions vested in ,federal law relating to gathering1 analysis1 and dissemination of energy and environmental information4 7#b7 ,enforcement ,the ,administrator may act in the name of the ,secretary for the purpose of obtaining enforcement of the delegated functions4 7#c7 ,additional functions 7,a7 ,in general ,there shall be vested in the ,administrator1 and the ,administrator shall perform1 the functions assigned to the ,director of the ,office of ,energy ,information and ,analysis under part ,b of the ,federal ,energy ,administration ,act of #aigd 7#ae ,u4,s4,c4 #gij et seq474 7,b7 ,administration ,sections #ec7;d7 and #ei of the ,federal ,energy ,administration ,act of #aigd 7#ae ,u4,s4,c4 #gij;b7d71 #gij;h7 shall apply to the ,administrator in the performance of any function under this ,act4 7d7 ,approval ,the ,administrator shall not be required to obtain the approval of any other officer or employee of the ,department in connection with-- 7#a7 the collection or analysis of any information2 or 7#b7 prior to publication1 the substance of any statistical or forecasting technical reports that the ,administrator has prepared in accordance with law4 7e7 ,audit reviews ,the ,energy and ,environmental ,information ,administration shall be subject to an annual professional audit review of performance4 7f7 ,furnishing of information to ,department ,on request1 the ,administrator shall promptly provide any information or analysis obtained under this section to any other administration1 commission1 or office within the ,department4 7g7 ,public availability 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 information collected by the ,energy ,information ,administration shall be cataloged and1 on request1 promptly made available to the public in a form and manner easily adaptable for public use4 7#b7 ,exempted matters ,this subsection shall not require disclosure of matters exempted from mandatory disclosure by section #eeb7;b7 of title #e1 ,united ,states ,code4 7#c7 ,administration ,section #aa7;d7 of the ,energy ,supply and ,environmental ,coordination ,act of #aigd 7#ae ,u4,s4,c4 #gif7;d771 and section #ag of the ,federal ,nonnuclear ,energy ,research and ,development ,act of #aigd 7#db ,u4,s4,c4 #eiaf71 shall continue to apply to any information obtained by the ,administrator under those provisions4 7h7 ,major energy-,producing companies 7#a7 ,definitions ,in this subsection3 7,a7 ,energy-producing company ,the term energy-producing company means a person engaged in-- 7i7 ownership or control of mineral fuel resources or nonmineral energy resources2 7ii7 exploration for1 or development of1 mineral fuel resources2 7iii7 extraction of mineral fuel or nonmineral energy resources2 7iv7 refining1 milling1 or otherwise processing mineral fuels or nonmineral energy resources2 7v7 storage of mineral fuels or nonmineral energy resources2 7vi7 the generation1 transmission1 or storage of electrical energy2 7vii7 transportation of mineral fuels or nonmineral energy resources by any means whatever2 or 7viii7 wholesale or retail distribution of mineral fuels1 nonmineral energy resources or electrical energy4 7,b7 ,energy industry ,the term energy industry means all energy-producing companies4 7,c7 ,person ,the person has the meaning given the term in section #aa7;e7 of the ,energy ,supply and ,environmental ,coordination ,act of #aigd 7#ae ,u4,s4,c4 #gif7;e774 7#b7 ,identification and designation 7,a7 ,in general ,in addition to the acquisition1 collection1 analysis1 and dissemination of energy information pursuant to this section1 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 ,states4 7,b7 ,administration ,in carrying out this subsection1 the ,administrator shall-- 7i7 use1 to the maximum extent practicable and consistent with this ,act1 reliable statistical sampling techniques2 and 7ii7 otherwise give priority to the minimization of the reporting of energy information by small businesses4 7#c7 ,financial report 7,a7 ,in general ,the ,administrator shall develop and make effective for use the format for an energy-producing company financial report4 7,b7 ,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-- 7i7 an evaluation of company revenues1 profits1 cash flow1 and investments in total1 for the energy-related lines of commerce in which the company is engaged and for all significant energy-related functions within the energy-producing companies2 7ii7 an analysis of the competitive structure of sectors and functional groupings within the energy industry2 7iii7 the segregation of energy information1 including financial information1 describing company operations by energy source and geographic area2 7iv7 the determination of costs associated with exploration1 development1 production1 processing1 transportation1 and marketing and other significant energy-related functions within the energy-producing companies2 and 7v7 such other analysis or evaluations as the ,administrator finds necessary to carry out this ,act4 7#d7 ,accounting practices ,the ,administrator shall-- 7,a7 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 7#db ,u4,s4,c4 #fbja et seq47 to be followed by persons engaged in whole or in part in the production of crude oil and natural gas2 and 7,b7 ensure1 to the maximum extent practicable1 that the energy-producing company financial report described in paragraph 7#c7 is consistent with the accounting practices1 if applicable4 7#e7 ,frequency ,the ,administrator-- 7,a7 shall require each major energy-producing company to file with the ,administrator an energy-producing company financial report on at least an annual basis2 and 7,b7 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 ,act4 7#f7 ,summary ,a summary of information gathered pursuant to this section1 accompanied by such analysis as the ,administrator considers appropriate1 shall be included in the annual report of the ,department required by section #fbf4 7#g7 ,disclosure of confidential information ,section #aije of title #ah1 ,united ,states ,code1 shall apply to any information obtained by the ,administration pursuant to this subsection4 7i7 ,surveys of energy consumption 7#a7 ,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 #b years4 7#b7 ,confidentiality ,the ,administrator shall conduct the surveys in a manner designed to protect the confidentiality of individual responses4 7#c7 ,information ,in conducting the survey1 the ,administrator shall collect information1 including information on-- 7,a7 the quantity of fuels consumed2 7,b7 energy expenditures2 7,c7 fuel-switching capabilities2 and 7,d7 the use of nonpurchased sources of energy1 such as solar1 wind1 biomass1 geothermal1 waste by-products1 and cogeneration4 7#d7 ,relationship to other authority ,this subsection does not affect the authority of the ,administrator to collect data under section #eb of the ,federal ,energy ,administration ,act of #aigd 7#ae ,u4,s4,c4 #gij;a74 7j7 ,collection and publication of survey results 7#a7 ,definition of renewable energy resources ,in this subsection1 the term renewable energy resources includes energy derived from solar thermal1 geothermal1 biomass1 wind1 and photovoltaic resources4 7#b7 ,surveys ,the ,administrator shall annually collect and publish the results of a survey of electricity production from domestic renewable energy resources1 including production in kilowatt hours1 total installed capacity1 capacity factor1 and any other measures of production efficiency4 7#c7 ,energy resources ,the results of the survey shall distinguish between various renewable energy resources4 7#d7 ,administration ,in carrying out this subsection1 the ,administrator shall-- 7,a7 use1 to the maximum extent practicable1 reliable statistical sampling techniques2 and 7,b7 otherwise take into account the reporting burdens of energy information by small businesses4 7k7 ,survey procedure ,pursuant to section #eb7;a7 of the ,federal ,energy ,administration ,act of #aigd 7#ae ,u4,s4,c4 #gij;a7a771 the ,administrator shall-- 7#a7 conduct surveys of residential and commercial energy use at least once every #c years and make the results of the surveys available to the public2 7#b7 when surveying electric utilities1 collect information on demand-side management programs conducted by the utilities1 including information regarding-- 7,a7 the types of demand-side management programs being operated2 7,b7 the quantity of measures installed2 7,c7 expenditures on demand-side management programs2 and 7,d7 estimates of energy savings resulting from the programs1 including whether the savings estimates were verified2 and 7#c7 in carrying out this subsection1 take into account reporting burdens and the protection of proprietary information as required by law4 7l7 ,data collection ,in order to improve the ability to evaluate the effectiveness of the energy efficiency policies and programs of the ,united ,states1 the ,administrator shall1 in collecting data under subsections 7i7 and 7k71 consider-- 7#a7 expanding the survey instruments to include questions regarding participation in ,federal and utility conservation programs2 7#b7 expanding fuel-use surveys in order to provide greater detail on energy use by user subgroups2 and 7#c7 expanding the scope of data collection on energy efficiency and load-management programs1 including the effects of building construction practices1 such as practices designed to obtain peak load shifting4 7m7 ,renewable fuels survey 7#a7 ,in general ,to improve the ability to evaluate the effectiveness of the renewable fuels mandate of the ,united ,states1 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 monthly4 7#b7 ,confidentiality ,the ,administrator shall conduct the survey in a manner designed to protect the confidentiality of individual responses4 7#c7 ,information ,in conducting the survey1 the ,administrator shall collect information both on a national and regional basis1 including each of the following3 7,a7 ,the quantity of renewable fuels produced4 7,b7 ,the quantity of renewable fuels blended4 7,c7 ,the quantity of renewable fuels imported4 7,d7 ,the quantity of renewable fuels demanded4 7,e7 ,market price data4 7,f7 ,such other analyses or evaluations as the ,administrator finds are necessary to achieve the purposes of this section4 7#d7 ,prior years ,the ,administrator shall collect or estimate information both on a national and regional basis1 pursuant to subparagraphs 7,a7 through 7,f7 of paragraph 7#c71 for the #e years prior to implementation of this subsection4 7#e7 ,national ,energy ,information ,system ,this subsection does not affect the authority of the ,administrator to collect data under section #eb of the ,federal ,energy ,administration ,act of #aigd 7#ae ,u4,s4,c4 #gij;a74 #bjg4 ,comptroller ,general functions ,the functions of the ,comptroller ,general of the ,united ,states under section #ab of the ,federal ,energy ,administration ,act of #aigd 7#ae ,u4,s4,c4 #gga7 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 ,department4 #bjh4 ,office of ,science 7a7 ,in general ,there shall be within the ,department an ,office of ,science to be headed by a ,director1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7b7 ,director ,it shall be the duty and responsibility of the ,director-- 7#a7 to advise the ,secretary with respect to the physical research programs of the ,department2 7#b7 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 programs2 7#c7 to advise the ,secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the ,department1 excluding laboratories that constitute part of the nuclear weapons complex2 7#d7 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 ,department2 7#e7 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 ,department2 and 7#f7 to carry out such additional duties assigned to the ,office by the ,secretary4 #bji4 ,establishment of policy for ,national ,nuclear ,security ,administration 7a7 ,in general ,the ,secretary shall be responsible for establishing policy for the ,national ,nuclear ,security ,administration4 7b7 ,review of programs and activities ,the ,secretary may direct officials of the ,department who are not within the ,national ,nuclear ,security ,administration-- 7#a7 to review the programs and activities of the ,administration2 and 7#b7 to make recommendations to the ,secretary regarding administration of those programs and activities1 including consistency with other similar programs and activities of the ,department4 7c7 ,staff ,the ,secretary shall provide adequate staff to carry out this section4 #baj4 ,establishment of security1 counterintelligence1 and intelligence policies 7a7 ,in general ,the ,secretary shall be responsible for developing and promulgating the security1 counterintelligence1 and intelligence policies of the ,department4 7b7 ,staff ,the ,secretary may use the immediate staff of the ,secretary to assist in developing and promulgating those policies4 7c7 ,intelligence ,executive ,committee 7#a7 ,in general ,there is within the ,department an ,intelligence ,executive ,committee4 7#b7 ,composition ,the ,committee shall consist of-- 7,a7 the ,deputy ,secretary of ,energy and the ,environment1 who shall chair the ,committee2 and 7,b7 each ,under ,secretary of the ,department4 7#c7 ,staff ,the ,committee shall be staffed by the ,director of the ,office of ,intelligence and ,counterintelligence4 7#d7 ,use ,the ,secretary shall use the ,committee to assist in developing and promulgating the counterintelligence and intelligence policies1 requirements1 and priorities of the ,department4 7d7 ,budget requests 7#a7 ,in general ,in the budget justification materials submitted to ,congress in support of each budget submitted by the ,president to ,congress under title #ca1 ,united ,states ,code1 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 individual1 dedicated program elements4 7#b7 ,national ,nuclear ,security ,administration ,within the amounts requested for counterintelligence functions1 the amounts requested for the ,national ,nuclear ,security ,administration shall be specified separately from the amounts requested for other elements of the ,department4 #baa4 ,office of ,intelligence and ,counterintelligence 7a7 ,in general ,there is within the ,department an ,office of ,intelligence and ,counterintelligence4 7b7 ,director 7#a7 ,in general ,the head of the ,office shall be the ,director of the ,office of ,intelligence and ,counterintelligence1 who shall be an employee in-- 7,a7 the ,senior ,executive ,service2 7,b7 the ,senior ,intelligence ,service2 7,c7 the ,senior ,national ,intelligence ,service2 or 7,d7 any other ,service that the ,secretary1 in coordination with the ,director of ,national ,intelligence1 considers appropriate4 7#b7 ,reporting to ,secretary ,the ,director of the ,office shall report directly to the ,secretary4 7#c7 ,qualifications ,the ,secretary shall select the ,director of the ,office from among individuals who have substantial expertise in matters relating to foreign intelligence and counterintelligence4 7#d7 ,details 7,a7 ,in general ,the ,director of the ,federal ,bureau of ,investigation may detail1 on a reimbursable basis1 any employee of the ,bureau to the ,department for service as ,director of the ,office4 7,b7 ,benefits ,the service of an employee of the ,bureau as ,director of the ,office shall not result in any loss of status1 right1 or privilege by the employee within the ,bureau4 7c7 ,duties ,the ,director of the ,office shall-- 7#a7 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 facilities2 7#b7 establish policy for the personnel assurance programs of the ,department2 7#c7 inform the ,secretary1 the ,director of ,central ,intelligence1 and the ,director of the ,federal ,bureau of ,investigation on a regular basis1 and on specific request by any such official1 regarding the status and effectiveness of the intelligence and counterintelligence programs and activities at ,department facilities2 and 7#d7 perform such duties and exercise such powers as the ,secretary may prescribe4 7d7 ,reports 7#a7 ,in general ,not later than ,march #a each year1 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 year4 7#b7 ,recipients ,each such report shall be submitted to the following3 7,a7 ,the ,secretary4 7,b7 ,the ,director of ,national ,intelligence4 7,c7 ,the ,director of the ,federal ,bureau of ,investigation4 7,d7 ,the ,committee on ,armed ,services and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7,e7 ,the ,committee on ,armed ,services and the ,select ,committee on ,intelligence of the ,senate4 7#c7 ,contents ,each such report shall include for the year covered by the report the following3 7,a7 ,a description of the status and effectiveness of the intelligence and counterintelligence programs and activities at ,department facilities4 7,b7 ,a description of any violation of law or other requirement relating to intelligence1 counterintelligence1 or security at such facilities1 including-- 7i7 the number of violations that were investigated2 and 7ii7 the number of violations that remain unresolved4 7,c7 ,a description of the number of foreign visitors to ,department facilities1 including the locations of the visits of the visitors4 7,d7 ,the adequacy of the procedures and policies of the ,department for protecting national security information1 making such recommendations to ,congress as may be appropriate4 7,e7 ,a determination of whether each ,national ,laboratory is in full compliance with all departmental security requirements and1 in the case of any such ,national ,laboratory that is not in full compliance1 what measures are being taken to bring the ,national ,laboratory into compliance4 7#d7 ,certification by ,national ,laboratories ,not later than #cj days before the date that the report required by paragraph 7#a7 is submitted1 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 and1 if not1 what measures are being taken to bring that laboratory into compliance and a schedule for implementing those measures4 7#e7 ,form ,each report under this subsection as submitted to the committees referred to in subparagraphs 7,d7 and 7,e7 of paragraph 7#b7 shall be submitted in unclassified form1 but may include a classified annex4 #bab4 ,office of ,indian ,energy ,policy and ,programs 7a7 ,in general ,there is established within the ,department an ,office of ,indian ,energy ,policy and ,programs 7referred to in this section as the ,office74 7b7 ,director ,the ,office shall be headed by a ,director1 who shall be appointed by the ,secretary4 7c7 ,duties ,the ,director1 in accordance with ,federal policies promoting ,indian self-determination and the purposes of this ,act1 shall provide1 direct1 foster1 coordinate1 and implement energy and environmental planning1 education1 management1 conservation1 and delivery programs of the ,department that-- 7#a7 promote ,indian tribal energy development1 efficiency1 and use2 7#b7 reduce or stabilize energy costs2 7#c7 enhance and strengthen ,indian tribal energy and economic infrastructure relating to natural resource development and electrification2 and 7#d7 bring electrical power and service to ,indian land and the homes of tribal members located on ,indian land or acquired1 constructed1 or improved 7in whole or in part7 with ,federal funds4 ,,iii ,transfer of functions #cja4 ,transfer of functions ,except as otherwise provided in this ,act1 there are transferred to1 and vested in1 the ,secretary all of the functions provided by law 7as of the date of enactment of this ,act7 to-- 7#a7 the ,secretary of ,energy2 7#b7 the ,administrator of the ,environmental ,protection ,agency2 and 7#c7 the officers and components of the ,department of ,energy and the ,environmental ,protection ,agency4 #cjb4 ,power ,administrations 7a7 ,in general ,there are transferred to1 and vested in1 the ,secretary all functions of the ,secretary of ,energy with respect to-- 7#a7 the ,southeastern ,power ,administration2 7#b7 the ,southwestern ,power ,administration2 7#c7 the ,bonneville ,power ,administration1 including the authority contained in the ,bonneville ,project ,act of #aicg 7#af ,u4,s4,c4 #hcb et seq47 and the ,federal ,columbia ,river ,transmission ,system ,act 7#af ,u4,s4,c4 #hch et seq472 7#d7 the power marketing functions of the ,bureau of ,reclamation1 including the construction1 operation1 and maintenance of transmission lines and attendant facilities2 and 7#e7 the transmission and disposition of the electric power and energy generated at ,falcon ,dam and ,amistad ,dam1 international storage reservoir projects on the ,rio ,grande1 pursuant to the ,act of ,june #ah1 #aied 7#fh ,stat4 #bee1 chapter #caj74 7b7 ,administration 7#a7 ,in general ,the ,southeastern ,power ,administration1 the ,southwestern ,power ,administration1 and the ,bonneville ,power ,administration1 shall be preserved as separate and distinct organizational entities within the ,department4 7#b7 ,administrator ,each entity shall be headed by an ,administrator appointed by the ,secretary4 7#c7 ,functions ,the functions transferred to the ,secretary in paragraphs 7#a7 through 7#d7 of subsection 7a7 shall be exercised by the ,secretary1 acting by and through the ,administrators4 7#d7 ,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 entity4 7c7 ,dams 7#a7 ,in general ,the functions transferred under subsection 7a77#e7 shall be exercised by the ,secretary1 acting by and through a separate and distinct ,administration within the ,department which shall be headed by an ,administrator appointed by the ,secretary4 7#b7 ,regional offices ,the ,administrator shall establish and maintain such regional offices as necessary to facilitate the performance of the functions4 7#c7 ,reallocation of costs ,neither the transfer of functions effected by subsection 7a77#e7 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 ,congress4 ,,iv ,federal ,energy ,regulatory ,commission #dja4 ,appointment and administration 7a7 ,in general ,there is established within the ,department an independent regulatory commission to be known as the ,federal ,energy ,regulatory ,commission4 7b7 ,composition 7#a7 ,in general ,the ,commission shall be composed of #e members appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,chair ,of the members of the ,commission1 #a member shall be designated by the ,president as ,chair4 7#c7 ,term ,subject to section #dja7;b77#b7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaga7;b77#b77 7as that ,act existed before the amendment made by section #gac71 a member of the ,commission-- 7,a7 shall hold office for a term of #e years2 and 7,b7 may be removed by the ,president only for inefficiency1 neglect of duty1 or malfeasance in office4 7#d7 ,political parties ,not more than #c members of the ,commission shall be members of the same political party4 7#e7 ,vacancies 7,a7 ,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 term4 7,b7 ,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 ,office1 except that the ,commissioner shall not serve beyond the end of the session of the ,congress in which the term expires4 7#f7 ,other business or employment ,a member of the ,commission shall not engage in any other business1 vocation1 or employment while serving on the ,commission4 7c7 ,duties 7#a7 ,in general ,the ,chair shall be responsible1 on behalf of the ,commission1 for the executive and administrative operation of the ,commission1 including functions of the ,commission with respect to-- 7,a7 the appointment and employment of hearing examiners in accordance with title #e1 ,united ,states ,code2 7,b7 the selection1 appointment1 and fixing of the compensation of such personnel as the ,chair considers necessary1 including an executive director2 7,c7 the supervision of personnel employed by or assigned to the ,commission1 except that each member of the ,commission may select and supervise personnel for the personal staff of the member2 7,d7 the distribution of business among personnel and among administrative units of the ,commission2 and 7,e7 the procurement of services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code4 7#b7 ,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 ,commission4 7d7 ,relationship to ,department ,in the performance of functions of the ,commission1 the members1 employees1 or other personnel of the ,commission shall not be responsible to1 or subject to the supervision or direction of1 any officer1 employee1 or agent of any other part of the ,department4 7e7 ,administration 7#a7 ,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 ,chair4 7#b7 ,meetings 7,a7 ,in general ,the ,chair 7or the ,acting ,chair in the absence of the ,chair7 shall preside at all sessions of the ,commission4 7,b7 ,quorum ,a quorum for the transaction of business of the ,commission shall consist of at least #c members present4 7,c7 ,single vote ,each member of the ,commission1 including the ,chair1 shall have #a vote4 7,d7 ,majority vote ,actions of the ,commission shall be determined by a majority vote of the members present4 7#c7 ,seal ,the ,commission shall have an official seal which shall be judicially noticed4 7f7 ,procedural and administrative rules 7#a7 ,in general ,the ,commission may establish such procedural and administrative rules as are necessary to the exercise of the functions of the ,commission4 7#b7 ,continuation ,until changed by the ,commission1 any procedural and administrative rules applicable to particular functions over which the ,commission has jurisdiction shall continue in effect with respect to the particular functions4 7g7 ,hearings and subpoena 7#a7 ,in general ,in carrying out any of the functions of the ,commission1 the ,commission shall have the powers authorized by the law under which the function is exercised-- 7,a7 to hold hearings2 7,b7 to sign and issue subpoenas2 7,c7 to administer oaths2 7,d7 to examine witnesses2 and 7,e7 to receive evidence at any place in the ,united ,states the ,commission may designate4 7#b7 ,hearings ,the ,commission may1 by one or more of the members of the ,commission or by such agents as the ,commission may designate1 conduct any hearing or other inquiry appropriate to the functions of the ,commission1 except that nothing in this subsection supersedes the provisions of section #eef of title #e1 ,united ,states ,code1 relating to hearing examiners4 7h7 ,principal office ,the principal office of the ,commission shall be in or near the ,district of ,columbia1 where the general sessions of the ,commission shall be held1 except that the ,commission may sit anywhere in the ,united ,states4 7i7 ,agency 7#a7 ,in general ,for the purpose of section #eeb;b of title #e1 ,united ,states ,code1 the ,commission shall be considered an agency4 7#b7 ,attorney for ,commission ,except as provided in section #eah of title #bh1 ,united ,states ,code1 attorneys designated by the ,chair of the ,commission may appear for1 and represent the ,commission in1 any civil action brought in connection with any function carried out by the ,commission pursuant to this ,act or as otherwise authorized by law4 7j7 ,annual authorization and appropriation request 7#a7 ,in general ,in each annual authorization and appropriation request under this ,act1 the ,secretary shall-- 7,a7 identify the portion of the request intended for the support of the ,commission2 and 7,b7 include-- 7i7 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 ,budget2 and 7ii7 an assessment of the budgetary needs of the ,commission4 7#b7 ,copy to committees ,if the ,commission submits to the ,secretary1 the ,president1 or the ,office of ,management and ,budget1 any legislative recommendation or testimony1 or comments on legislation1 prepared for submission to ,congress1 the ,commission shall concurrently transmit a copy to the appropriate committees of ,congress4 #djb4 ,jurisdiction of ,commission 7a7 ,functions 7#a7 ,in general ,there are transferred to1 and vested in1 the ,commission the following functions of the ,federal ,power ,commission or of any member of the ,commission or any officer or component of the ,commission3 7,a7 ,the investigation1 issuance1 transfer1 renewal1 revocation1 and enforcement of licenses and permits for the construction1 operation1 and maintenance of dams1 water conduits1 reservoirs1 powerhouses1 transmission lines1 or other works for the development and improvement of navigation and for the development and utilization of power across1 along1 from1 or in navigable waters under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq474 7,b7 ,the establishment1 review1 and enforcement of rates and charges for the transmission or sale of electric energy1 including determinations on-- 7i7 construction work in progress under part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq472 and 7ii7 the interconnection under section #bjb7;b7 of that ,act 7#af ,u4,s4,c4 #hbd;a7b77 of facilities for the generation1 transmission1 and sale of electric energy 7other than emergency interconnection74 7,c7 ,the establishment1 review1 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 #a1 #d1 #e1 and #f of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag1 #gag;c1 #gag;d1 #gag;e74 7,d7 ,the issuance of a certificate of public convenience and necessity1 including abandonment of facilities or services1 and the establishment of physical connections under section #g of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f74 7,e7 ,the establishment1 review1 and enforcement of curtailments1 other than the establishment and review of priorities for the curtailments1 under the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag et seq474 7,f7 ,the regulation of mergers and securities acquisition under the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq47 and the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag et seq474 7#b7 ,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 ,commission3 7,a7 ,sections #d1 #cja1 #cjb1 #cjf through #cji1 and #cab through #caf of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig1 #hbe1 #hbe;a1 #hbe;e-#hbe;h1 #hbek-#hbeo74 7,b7 ,sections #h1 #i1 #ac through #ag1 #bj1 and #ba of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;g1 #gag;h1 #gagl-#gagp1 #gags1 #gagt74 7b7 ,agency determinations 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,commission shall have jurisdiction to hear and determine any other matter arising under any other function of the ,secretary-- 7,a7 involving any agency determination required by law to be made on the record after an opportunity for an agency hearing2 or 7,b7 involving any other agency determination that the ,secretary determines shall be made on the record after an opportunity for an agency hearing4 7#b7 ,certain lease bidding arrangements ,nothing in this subsection requires that functions under section #aje of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbac7 shall be within the jurisdiction of the ,commission unless the ,secretary assigns the function to the ,commission4 7c7 ,other matters ,in addition to the other provisions of this section1 the ,commission shall have jurisdiction over any other matter that the ,secretary may assign to the ,commission after public notice1 or that is required to be referred to the ,commission pursuant to section #djd4 7d7 ,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 ,commission4 7e7 ,final agency action ,the decision of the ,commission involving any function within the jurisdiction of the ,commission1 other than action by the ,commission on a matter referred to the ,commission pursuant to section #djd-- 7#a7 shall be final agency action 7within the meaning of section #gjd of title #e1 ,united ,states ,code72 and 7#b7 shall not be subject to further review by the ,secretary or any officer or employee of the ,department4 7f7 ,regulations ,the ,commission may prescribe rules1 regulations1 and statements of policy of general applicability with respect to any function under the jurisdiction of the ,commission pursuant to this section4 #djc4 ,initiation of rulemaking proceedings before ,commission 7a7 ,in general ,the ,secretary and the ,commission may propose rules1 regulations1 and statements of policy of general applicability with respect to any function within the jurisdiction of the ,commission under section #djb4 7b7 ,proposals of ,secretary ,the ,commission shall-- 7#a7 have exclusive jurisdiction with respect to any proposal made under subsection 7a72 and 7#b7 consider and take final action on any proposal made by the ,secretary under subsection 7a7 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 proposal4 7c7 ,rates and charges 7#a7 ,in general ,any function described in section #djb that relates to the establishment of rates and charges under the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq47 or the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag et seq471 may be conducted by rulemaking procedures4 7#b7 ,procedures ,except as provided in subsection 7d71 the procedures in such a rulemaking proceeding shall ensure full consideration of the issues and an opportunity for interested persons to present views4 7d7 ,submission of written questions by interested persons 7#a7 ,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 7#ae ,u4,s4,c4 #gag et seq471 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 proceedings4 7#b7 ,time ,the ,commission may establish a reasonable time for both the submission of questions and responses4 #djd4 ,referral of other rulemaking proceedings to ,commission 7a7 ,in general ,except as provided in section #djc1 if the ,secretary proposes to prescribe rules1 regulations1 and statements of policy of general applicability in the exercise of any function that is transferred to the ,secretary under section #cja or #cjf of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaea1 #gaee7 7as that ,act existed before the amendment made by section #gac71 the ,secretary shall notify the ,commission of the proposed action4 7b7 ,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 7a77#a71 7b71 and 7c7 of section #djb and section #fjejb of title #di1 ,united ,states ,code1 the ,secretary shall immediately refer the matter to the ,commission1 which shall provide an opportunity for public comment4 7c7 ,recommendations of ,commission 7#a7 ,in general ,following the opportunity for public comment1 the ,commission1 after consultation with the ,secretary1 shall-- 7,a7 concur in adoption of the rule or statement as proposed by the ,secretary2 7,b7 concur in adoption of the rule or statement only with such changes as the ,commission may recommend2 or 7,c7 recommend that the rule or statement not be adopted4 7#b7 ,publication ,the ,commission shall promptly publish-- 7,a7 the recommendations of the ,commission adopted under this subsection2 7,b7 an explanation of the reason for the actions of the ,commission2 and 7,c7 an analysis of the major comments1 criticisms1 and alternatives offered during the comment period4 7d7 ,options of ,secretary 7#a7 ,in general ,following publication of the recommendations of the ,commission1 the ,secretary shall have the option of-- 7,a7 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 7c77#a77;,a72 7,b7 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 7c77#a77;,b72 or 7,c7 ordering that the rule shall not be issued4 7#b7 ,final agency action ,the action taken by the ,secretary pursuant to this subsection shall constitute a final agency action for purposes of section #gjd of title #e1 ,united ,states ,code4 #dje4 ,right of ,secretary to intervene in ,commission proceedings 7a7 ,in general ,the ,secretary may1 as a matter of right1 intervene or otherwise participate in any proceeding before the ,commission4 7b7 ,procedure ,the ,secretary shall comply with-- 7#a7 rules of procedure of general applicability governing the timing of intervention or participation in the proceeding or activity2 and 7#b7 on intervening or participating in the proceeding or activity1 rules of procedure of general applicability governing the conduct of the proceeding or activity4 7c7 ,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 participants4 #djf4 ,reorganization ,for the purposes of chapter #i of title #e1 ,united ,states ,code1 the ,commission shall be considered an independent regulatory agency4 #djg4 ,access to information 7a7 ,in general ,the ,secretary1 each officer of the ,department1 and each ,federal agency shall provide to the ,commission1 on request1 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 ,act4 7b7 ,certain information ,in formulating the information to be requested in the reports or investigations under sections #cjd and #caa of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbe;c1 #hbe;j7 and sections #aj and #aa of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;i1 #gag;j71 the ,secretary shall-- 7#a7 include in the reports and investigations such specific information as requested by the ,commission2 and 7#b7 furnish copies of all reports1 information1 results of investigations and data under those sections to the ,commission4 ,v ,administrative procedures and judicial review #eja4 ,procedures 7a7 ,administrative procedures 7#a7 ,in general ,subject to the other requirements of this title1 subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 shall apply in accordance with the terms of that subchapter to any rule or regulation1 or any order having the applicability and effect of a rule 7as that term is defined in section #eea of title #e1 ,united ,states ,code71 issued pursuant to authority vested by law in1 or transferred or delegated to1 the ,secretary1 or required by this ,act or any other ,act to be carried out by any other officer1 employee1 or component of the ,department1 other than the ,commission1 including any such rule1 regulation1 or order of a ,state or local government agency 7or officer of a ,state or local government agency7 issued pursuant to authority delegated by the ,secretary in accordance with this title4 7#b7 ,additional requirements ,if any provision of any ,act1 the functions of which are transferred1 vested1 or delegated pursuant to this ,act1 provides administrative procedure requirements in addition to the requirements provided in this title1 those additional requirements shall also apply to actions under that provision4 7b7 ,substantial impact on the economy of the ,united ,states 7#a7 ,no substantial impact ,if the ,secretary determines1 on the initiative of the ,secretary or in response to any showing made pursuant to paragraph 7#b7 7with respect to a proposed rule1 regulation1 or order described in subsection 7a771 that no substantial issue of fact or law exists and that the rule1 regulation1 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 ,states1 the proposed rule1 regulation1 or order may be promulgated in accordance with section #eec of title #e1 ,united ,states ,code4 7#b7 ,substantial impact ,if the ,secretary determines that a substantial issue of fact or law exists or that the rule1 regulation1 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 ,states1 an opportunity for oral presentation of views1 data1 and arguments shall be provided before promulgation4 7#c7 ,submission of material ,any person who would be adversely affected by the implementation of any proposed rule1 regulation1 or order and who desires an opportunity for oral presentation of views1 data1 and arguments1 may submit material supporting the existence of a substantial issue or impact described in paragraph 7#b74 7#d7 ,transcript ,a transcript shall be kept of any oral presentation described in paragraph 7#b7 with respect to a rule1 regulation1 or order described in subsection 7a74 7c7 ,waiver 7#a7 ,in general ,the requirements of subsection 7b7 may be waived in any case in which-- 7,a7 strict compliance with that subsection is found by the ,secretary to be likely to cause serious harm or injury to the public health1 safety1 or welfare2 and 7,b7 the finding of the ,secretary described in subparagraph 7,a7 is set out in detail in the rule1 regulation1 or order4 7#b7 ,subsequent satisfaction ,if the requirements of subsection 7b7 are waived under paragraph 7#a71 the requirements of that subsection shall be satisfied within a reasonable period of time subsequent to the promulgation of the rule1 regulation1 or order4 7d7 ,rules with local effect 7#a7 ,definitions ,in this subsection3 7,a7 ,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 government4 7,b7 ,rule with local effect ,the term rule with local effect means a rule1 regulation1 or order described in subsection 7a71 the effects of which1 except for indirect effects of an inconsequential nature1 are confined to-- 7i7 a single unit of local government or the residents of a single unit of local government2 7ii7 a single geographic area within a ,state or the residents of a single geographic area within a ,state2 or 7iii7 a single ,state or the residents of a single ,state4 7,c7 ,unit of local government ,the term unit of local government means a county1 municipality1 town1 township1 village1 or other unit of general government below the ,state level4 7#b7 ,opportunity for hearing ,with respect to any rule with local effect1 the ,secretary shall1 if appropriate1 afford an opportunity for a hearing or the oral presentation of views1 and provide procedures for the holding of the hearing or oral presentation within the boundaries of the applicable unit of local government1 geographic area1 or ,state4 7#c7 ,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 law4 7e7 ,procedures for ,state and local government agencies 7#a7 ,in general ,as authorized by any law vested1 transferred1 or delegated pursuant to this ,act1 the ,secretary may1 by rule1 prescribe procedures for ,state or local government agencies authorized by the ,secretary to carry out such functions as may be permitted under applicable law4 7#b7 ,requirements ,procedures prescribed under paragraph 7#a7 shall-- 7,a7 apply to the ,state or local government agencies in lieu of this section2 and 7,b7 require that prior to taking any action1 the agencies shall-- 7i7 take steps reasonably calculated to provide notice to persons who may be affected by the action2 and 7ii7 afford an opportunity for presentation of views 7including oral presentation of views where practicable7 within a reasonable time before taking the action4 #ejb4 ,judicial review 7a7 ,in general ,judicial review of agency action taken under any law the functions of which are vested by law in1 or transferred or delegated to the ,secretary1 the ,commission1 or any officer1 employee1 or component of the ,department shall1 notwithstanding the vesting1 transfer1 or delegation1 be made in the manner specified in or for such law4 7b7 ,original jurisdiction 7#a7 ,in general ,except as provided in paragraph 7#b7 and notwithstanding the amount in controversy1 the district courts of the ,united ,states shall have exclusive original jurisdiction of all other cases or controversies arising exclusively under this ,act1 or under rules1 regulations1 or orders issued exclusively under this ,act1 other than any actions taken to implement or enforce any rule1 regulation1 or order by any officer of a ,state or local government agency under this ,act as described in paragraph 7#d74 7#b7 ,issue raised in defense ,nothing in this section affects the power of any court of competent jurisdiction to consider1 hear1 and determine in any proceeding before the court any issue raised by way of defense1 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 7#c74 7#c7 ,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 ,act1 the case shall be subject to removal by either party to a district court of the ,united ,states in accordance with chapter #hi of title #bh1 ,united ,states ,code4 7#d7 ,state or local government agency ,cases or controversies arising under any rule1 regulation1 or order of any officer of a ,state or local government agency may be heard in-- 7,a7 any appropriate ,state court2 or 7,b7 without regard to the amount in controversy1 the district courts of the ,united ,states4 7c7 ,department litigation 7#a7 ,in general ,subject to section #dja7;i7 and notwithstanding any other law1 the litigation of the ,department shall be subject to the supervision of the ,attorney ,general pursuant to chapter #ca of title #bh1 ,united ,states ,code4 7#b7 ,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 ,court4 #ejc4 ,remedial orders 7a7 ,in general ,if1 upon investigation1 the ,secretary or the authorized representative of the ,secretary1 believes that a person has violated any regulation1 rule1 or order described in section #eja7;a71 the ,secretary may issue a remedial order to the person4 7b7 ,requirements ,each remedial order shall be in writing and shall describe with particularity the nature of the violation1 including a reference to the provision of the rule1 regulation1 or order alleged to have been violated4 7c7 ,failure ,to respond ,if1 not later than #cj days after the date of receipt of a remedial order issued by the ,secretary1 the person fails to notify the ,secretary that the person intends to contest the remedial order1 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 agency4 7d7 ,contesting of order 7#a7 ,in general ,if1 not later than #cj days after the date of receipt of the remedial order issued by the ,secretary1 the person notifies the ,secretary that the person intends to contest a remedial order issued under subsection 7a71 the ,secretary shall immediately advise the ,commission of the notification4 7#b7 ,stay of effect ,upon receiving notice under paragraph 7#a71 the ,commission shall stay the effect of the remedial order1 unless the ,commission finds the public interest requires immediate compliance with the remedial order4 7#c7 ,opportunity for a hearing ,the ,commission shall1 upon request1 afford an opportunity for a hearing1 including1 at a minimum1 the submission of briefs1 oral or documentary evidence1 and oral arguments4 7#d7 ,cross examination ,to the extent that the ,commission1 in the discretion of the ,commission1 determines that cross examination is required for a full and true disclosure of the facts1 the ,commission shall afford the right of cross examination4 7#e7 ,order by ,commission 7,a7 ,in general ,after a hearing1 if any1 under this subsection1 the ,commission shall issue an order1 based on findings of fact1 affirming1 modifying1 or vacating the remedial order of the ,secretary1 or directing other appropriate relief4 7,b7 ,effect of order ,subject to subparagraph 7,c71 an order issued under subparagraph 7,a7 shall1 for the purpose of judicial review1 constitute a final agency action4 7,c7 ,enforcement ,enforcement and other judicial review of an action described in subparagraph 7,b7 shall be the responsibility of the ,secretary4 7e7 ,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 section4 7f7 ,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 section1 but such procedures shall be reviewable in the hearing4 7g7 ,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 ,act4 7h7 ,marketing of petroleum products ,with respect to any person whose sole petroleum industry operation relates to the marketing of petroleum products1 the ,secretary or any person acting on behalf of the ,secretary may not exercise discretion to maintain a civil action 7other than an action for injunctive relief7 or issue a remedial order against the person for any violation of any rule or regulation if-- 7#a7 the civil action or order is based on-- 7,a7 a retroactive application of the rule or regulation2 or 7,b7 a retroactive interpretation of the rule or regulation2 and 7#b7 the person relied in good faith on rules1 regulations1 or ruling in effect on the date of the violation interpreting the rules or regulations4 #ejd4 ,requests for adjustments 7a7 ,in general ,the ,secretary or any officer designated by the ,secretary shall-- 7#a7 provide for the making of such adjustments to any rule1 regulation1 or order described in section #eja7;a7 as may be necessary to prevent special hardship1 inequity1 or unfair distribution of burdens2 7#b7 by rule1 establish procedures that are available to any person for the purpose of seeking an interpretation1 modification1 or rescission of1 exception to1 or exemption from1 such rule1 regulation1 or order2 and 7#c7 ensure that each decision on any application or petition requesting an adjustment shall specify-- 7,a7 the standards of hardship1 inequity1 or unfair distribution of burden by which any disposition was made2 and 7,b7 the specific application of the standards to the facts contained in the application or petition4 7b7 ,review of denial 7#a7 ,in general ,if any person is aggrieved or adversely affected by a denial of a request for adjustment under subsection 7a71 the person may-- 7,a7 request a review of the denial by the ,commission2 and 7,b7 obtain judicial review in accordance with this title when the denial becomes final4 7#b7 ,procedures ,the ,commission shall1 by rule1 establish appropriate procedures1 including a hearing when requested1 for review of a denial4 7#c7 ,commission ,action ,action by the ,commission under this section shall be considered final agency action within the meaning of section #gjd of title #e1 ,united ,states ,code1 and shall not be subject to further review by the ,secretary or any officer or employee of the ,department4 7#d7 ,litigation ,litigation involving judicial review of action by the ,commission under this section shall be the responsibility of the ,secretary4 #eje4 ,review and effect 7a7 ,in general ,not later than #a year after the effective date of this ,act1 the ,secretary shall submit a report to ,congress describing the actions taken to implement section #eja4 7b7 ,contents ,the report under subsection 7a7 shall include-- 7#a7 a description of the adequacy of section #eja from the standpoint of the ,department and the public1 including a summary of any comments obtained by the ,secretary from the public about the section and implementing regulations2 and 7#b7 such recommendations as the ,secretary considers appropriate concerning the procedures required by section #eja4 7c7 ,assessments 7#a7 ,in general ,not later than ,january #ca of each year1 the ,secretary shall submit to ,congress a report on the assessment conducted under subsection 7a7 during the preceding year4 7#b7 ,contents ,each report shall include the results of the assessment covered by the report1 together with such findings and recommendations as the ,secretary considers appropriate4 ,,vi ,administrative provisions ,a ,personnel provisions #fja4 ,officers and employees 7a7 ,authority of ,secretary ,to appoint and fix compensation ,except as otherwise provided in this section1 the ,secretary may appoint and fix the compensation of such officers and employees1 including attorneys1 as the ,secretary determines necessary to carry out the functions of the ,department in accordance with chapters #cc and #ec of title #e1 ,united ,states ,code4 7b7 ,appointment of scientific1 engineering1 and other personnel 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary may-- 7,a7 appoint not more than #caa scientific1 engineering1 professional1 and administrative personnel of the ,department without regard to the provisions of chapter #cc of title #e1 ,united ,states ,code1 governing appointments in the competitive service2 and 7,b7 fix the compensation of those personnel at an amount not to exceed the maximum rate payable for ,,gs-#ah of the ,general ,schedule under section #eccb of title #e1 ,united ,states ,code4 7#b7 ,termination of authority ,the authority of the ,secretary under paragraph 7#a7 shall terminate on the later of-- 7,a7 the date on which an individual who is appointed under paragraph 7#a7 leaves that position2 or 7,b7 the date that is #d years after the date of enactment of this ,act4 7c7 ,other positions above ,,gs-#ae 7#a7 ,in general ,subject to the provisions of chapter #ea of title #e1 ,united ,states ,code1 but notwithstanding section #ccbd of title #e1 ,united ,states ,code1 the ,secretary may classify not more than #agh positions of the ,department as ,,gs-#af1 ,,gs-#ag1 or ,,gs-#ah without the approval by the ,civil ,service ,commission4 7#b7 ,approval by ,civil ,service ,commission ,appointments under this subsection may be made without regard to section #ccbd of title #e1 ,united ,states ,code1 if the individual placed in the position-- 7,a7 is transferred to the ,department in connection with a transfer of functions under this ,act2 and 7,b7 immediately prior to the effective date of this ,act1 held a position and duties comparable to those required by the new position4 7#c7 ,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 7#a7 leaves that position4 7d7 ,appointment of additional scientific1 engineering1 and other personnel ,in addition to the number of positions that may be classified above ,,gs-#ae under section #eajh of title #e1 ,united ,states ,code1 the ,secretary may-- 7#a7 appoint not more than #bjj scientific1 engineering1 professional1 and administrative personnel without regard to the provisions of chapter #cc of title #e1 ,united ,states ,code2 and 7#b7 fix the compensation of those personnel in an amount not to exceed the maximum rate payable for ,,gs-#ah of the ,general ,schedule under section #eccb of title #e1 ,united ,states ,code4 7e7 ,maximum number of positions ,of the positions described in subsections 7b7 and 7c7 and classified above ,,gs-#ae under section #eajh7;a7 of title #e1 ,united ,states ,code-- 7#a7 #fc percent shall be ,,gs-#af positions2 7#b7 #be percent shall be ,,gs-#ag positions2 and 7#c7 #ab percent shall be ,,gs-#ah positions4 7f7 ,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 #cc of title #e1 ,united ,states ,code while employed in those positions4 #fjb4 ,senior positions ,in addition to the positions created by title ,,ii1 there shall be within the ,department #ad additional officers in positions authorized by section #ecaf of title #e1 ,united ,states ,code1 which shall be filled by individuals appointed by the ,secretary who shall perform such functions as the ,secretary shall prescribe from time to time4 #fjc4 ,experts and consultants ,the ,secretary may obtain services authorized by section #caji of title #e1 ,united ,states ,code1 at rates not to exceed the daily rate prescribed for grade ,,gs-#ah of the ,general ,schedule under section #eccb of title #e1 ,united ,states ,code1 for persons employed intermittently in ,government service4 #fjd4 ,advisory committees 7a7 ,in general ,the ,secretary may establish in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 such advisory committees as the ,secretary determines necessary to assist in the performance of the duties of the ,secretary4 7b7 ,travel expenses ,members of an advisory committee established under subsection 7a71 other than full-time employees of the ,federal ,government1 may be allowed travel expenses1 including per diem in lieu of subsistence1 as authorized by section #egjc of title #e1 ,united ,states ,code1 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 members4 ,b ,general administrative provisions #faa4 ,general authority ,to the extent appropriate to perform any function transferred by this ,act1 the ,secretary or any officer or employee of the ,department may exercise1 in carrying out the function so transferred1 any authority available by law 7including appropriations ,acts7 to the official or agency from which the function was transferred4 #fab4 ,delegation ,except as otherwise expressly prohibited by law1 and except as otherwise provided in this ,act1 the ,secretary may1 as the ,secretary determines to be appropriate-- 7#a7 delegate any functions to officers or employees of the ,department2 and 7#b7 authorize successive redelegations of functions within the ,department4 #fac4 ,reorganization 7a7 ,in general ,subject to subsection 7b71 the ,secretary may establish1 alter1 consolidate1 or discontinue such organizational units or components within the ,department as the ,secretary determines to be appropriate4 7b7 ,limitations 7#a7 ,in general ,the authority of the ,secretary under subsection 7a7 shall not extend to-- 7,a7 the abolition of any organizational unit or component established by this ,act2 or 7,b7 the transfer of any function vested by this ,act in any organizational unit or component4 7#b7 ,national ,nuclear ,security ,administration ,the authority of the ,secretary under subsection 7a7 shall not apply to the ,national ,nuclear ,security ,administration4 #fad4 ,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 ,act4 #fae4 ,subpoena 7a7 ,in general ,for the purpose of carrying out this ,act1 the ,secretary 7or a designee7 shall have the same powers and authorities as the ,federal ,trade ,commission under section #i of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #di7 with respect to all functions vested in1 or transferred or delegated to1 the ,secretary by this ,act4 7b7 ,natural gas ,for purposes of carrying out the responsibilities of the ,federal ,trade ,commission under the ,natural ,gas ,policy ,act of #aigh 7#ae ,u4,s4,c4 #ccja et seq471 the ,commission shall have the same powers and authority as the ,secretary has under this section4 #faf4 ,contracts 7a7 ,in general ,the ,secretary may enter into and perform such contracts1 leases1 cooperative agreements1 or other similar transactions with public agencies1 private organizations1 and individuals1 and make such payments 7in lump sum or installments1 and by way of advance or reimbursement71 as the ,secretary determines to be appropriate to carry out the functions under this ,act4 7b7 ,limitation on authority ,notwithstanding any other provision of this title1 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 ,acts4 7c7 ,leasing of excess ,department property ,the ,secretary may lease1 in accordance with such terms and conditions the ,secretary considers to be appropriate to promote national security or the public interest1 any acquired real property and related personal property that-- 7#a7 is located at a facility of the ,department to be closed or reconfigured2 7#b7 at the time the lease is entered into1 is not needed by the ,department2 and 7#c7 is under the control of the ,department4 7d7 ,terms of lease 7#a7 ,in general ,a lease entered into under subsection 7c7 shall be for a term of not more than #aj years1 except that the ,secretary may enter into a lease that includes an option to renew for a term of more than #aj years if the ,secretary determines that entering into such a lease will promote the national security or be in the public interest4 7#b7 ,consideration 7,a7 ,in general ,a lease entered into under subsection 7c7 may provide for the payment 7in cash or in-kind7 by the lessee of consideration in an amount that is less than the fair market rental value of the leasehold interest4 7,b7 ,services ,services relating to the protection and maintenance of the leased property may constitute all or part of the consideration under this paragraph4 7e7 ,environmental concerns 7#a7 ,in general ,subject to paragraph 7#b71 before entering into a lease under subsection 7c71 the ,secretary shall consult with1 and obtain the concurrence of1 the appropriate ,state official 7with respect to property located on a site that is not listed on the ,national ,priorities ,list7 to determine whether the environmental conditions of the property are such that leasing the property1 and the terms and conditions of the lease agreement1 are consistent with safety and the protection of public health and the environment4 7#b7 ,failure to obtain concurrence ,the ,secretary may enter into a lease under subsection 7c7 without obtaining the concurrence of the appropriate ,state official under paragraph 7#a7 if1 by the date that #fj days after the date on which the ,secretary requests the concurrence1 the appropriate ,state official fails to submit to the ,secretary a notice of concurrence with1 or rejection of1 the determination4 7f7 ,rentals 7#a7 ,retention 7,a7 ,in general ,to the extent provided in advance in appropriations ,acts1 the ,secretary may retain and use money received by the ,secretary directly from a lease entered into under subsection 7c7 in any amount the ,secretary considers to be necessary to cover the administrative expenses of the lease1 the maintenance and repair of the leased property1 or environmental restoration activities at the facility at which the leased property is located4 7,b7 ,treatment ,amounts retained under this subsection shall be retained in a separate account established in the ,treasury for that purpose4 7#b7 ,report ,the ,secretary shall submit to ,congress annual reports on the amounts retained and used under this subsection4 7g7 ,additional authorities 7#a7 ,in general ,in addition to authority granted to the ,secretary under any other provision of law1 the ,secretary may exercise the same authority to enter into transactions 7other than contracts1 cooperative agreements1 and grants71 subject to the same terms and conditions1 as the ,secretary of ,defense under section #bcga of title #aj1 ,united ,states ,code 7other than subsections 7b7 and 7f7 of that section74 7#b7 ,application of terms ,in applying section #bcga of title #aj1 ,united ,states ,code1 to the ,secretary under paragraph 7#a7-- 7,a7 the term basic shall be replaced by the term research2 7,b7 the term applied shall be replaced by the term development2 and 7,c7 the terms advanced research projects and advanced research shall be replaced by the term demonstration projects4 7#c7 ,relationship to other provisions ,the authority of the ,secretary under paragraph 7#a7 shall not be subject to-- 7,a7 section #i of the ,federal ,nonnuclear ,energy ,research and ,development ,act of #aigd 7#db ,u4,s4,c4 #eijh72 or 7,b7 section #aeb of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bahb74 7#d7 ,competitive1 merit-based selection procedures 7,a7 ,in general ,the ,secretary shall use such competitive1 merit-based selection procedures in entering into transactions under paragraph 7#a7 as the ,secretary determines in writing to be practicable4 7,b7 ,limitation ,a transaction under paragraph 7#a7 shall relate to a research1 development1 or demonstration project only if the ,secretary determines in writing that the use of a standard contract1 grant1 or cooperative agreement for the project is not feasible or appropriate4 7#e7 ,disclosure ,the ,secretary may protect from disclosure1 for up to #e years after the date on which the information is developed1 any information developed pursuant to a transaction under paragraph 7#a7 that would be protected from disclosure under section #eeb7;b77#d7 of title #e1 ,united ,states ,code1 if obtained from an individual or entity other than a ,federal agency4 7#f7 ,guidelines 7,a7 ,in general ,the ,secretary shall issue guidelines for transactions under paragraph 7#a74 7,b7 ,publication ,the guidelines under subparagraph 7,a7 shall be published in the ,federal ,register for public comment in accordance with rulemaking procedures of the ,department4 7,c7 ,authority ,the ,secretary shall not have authority to carry out transactions under paragraph 7#a7 until the guidelines for transactions required under subparagraph 7,a7 are final4 7#g7 ,annual report ,the ,secretary shall submit to ,congress the annual report required under section #bcga7;h7 of title #aj1 ,united ,states ,code4 7#h7 ,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 ,senate4 7#i7 ,termination ,notwithstanding any other provision of law1 the authority to enter into transactions under paragraph 7#a7 shall terminate on ,september #cj1 #bjah4 #fag4 ,acquisition and maintenance of property ,the ,secretary may-- 7#a7 acquire 7by purchase1 lease1 condemnation1 or otherwise71 construct1 improve1 repair1 operate1 and maintain laboratories1 research and testing sites and facilities1 quarters and related accommodations for employees and dependents of employees of the ,department1 personal property 7including patents71 or any interest in property1 as the ,secretary determines to be necessary2 and 7#b7 provide1 by contract or otherwise1 for eating facilities and other necessary facilities for the health and welfare of employees of the ,department at installations 7including through the purchase and maintenance of appropriate equipment74 #fah4 ,facilities construction 7a7 ,in general ,as necessary and when not otherwise available1 the ,secretary may provide for1 construct1 or maintain the following for employees and dependents stationed at remote locations3 7#a7 ,emergency medical services and supplies4 7#b7 ,food and other subsistence supplies4 7#c7 ,messing facilities4 7#d7 ,audiovisual equipment1 accessories1 and supplies for recreation and training4 7#e7 ,reimbursement for food1 clothing1 medicine1 and other supplies furnished by those employees in emergencies for the temporary relief of distressed individuals4 7#f7 ,living and working quarters and facilities4 7#g7 ,transportation of school-aged dependents of employees to the nearest appropriate educational facilities4 7b7 ,pricing ,the furnishing of medical treatment under subsection 7a77#a7 and the furnishing of services and supplies under paragraphs 7#b7 and 7#c7 of subsection 7a7 shall be at prices reflecting reasonable value1 as determined by the ,secretary4 7c7 ,treatment 7#a7 ,in general ,proceeds from reimbursements under this section-- 7,a7 shall be deposited in the ,treasury2 and 7,b7 may be withdrawn by the ,secretary-- 7i7 to pay directly the cost of work or services2 7ii7 to repay or make advances to appropriations of funds that will initially bear all or a part of that cost2 or 7iii7 to refund excess sums when necessary4 7#b7 ,crediting to funds ,a payment by the ,secretary under paragraph 7#a77;,b7 may be credited to a working capital fund otherwise established by law1 including the fund established pursuant to section #fbb1 and used under the law governing the fund1 if the fund is available for use by the ,department for performing the work or services for which payment is received4 #fai4 ,use of facilities 7a7 ,in general ,on the consent of the ,federal ,government or the government of any foreign country1 ,state1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or any territory or possession of the ,united ,states1 with or without reimbursement1 the ,secretary and the ,federal ,energy ,regulatory ,commission may use the research1 equipment1 and facilities of such a government 7or political subdivision7 in carrying out the functions under this ,act4 7b7 ,use of property 7#a7 ,in general ,except as provided in paragraph 7#b71 in carrying out this ,act1 the ,secretary may permit the use by public and private individuals and entities of any real property1 facility1 structure1 or improvement under the jurisdiction of the ,secretary for purposes of the ,department1 under such terms and at such rates as the ,secretary determines to be appropriate1 for a period of not more than #e years4 7#b7 ,reconditioning and maintenance ,the ,secretary may require any individual or entity to which a permit is provided under this subsection to recondition and maintain1 at the expense of the individual or entity1 the real property1 facilities1 structures1 and improvements involved to a satisfactory standard4 7#c7 ,exception ,this subsection shall not apply to excess property 7as defined in section #ajb of title #dj1 ,united ,states ,code74 7c7 ,proceeds 7#a7 ,in general ,except as provided in paragraph 7#b71 the proceeds from reimbursements under this section-- 7,a7 shall be deposited in the ,treasury2 and 7,b7 may be withdrawn by the ,secretary or the head of another appropriate ,federal department or agency-- 7i7 to pay directly the costs of the equipment and facilities provided2 7ii7 to repay or make advances to appropriations or funds that do or will initially bear all or a part of those costs2 or 7iii7 to refund excess sums as necessary4 7#b7 ,exception ,the proceeds described in paragraph 7#a7 may be credited to a working capital fund otherwise established by law 7including the fund established pursuant to section #fbb7 and used in accordance the laws governing that fund1 if the fund is available for use for providing the equipment or facilities involved4 #fbj4 ,field offices ,the ,secretary may establish1 alter1 consolidate1 or discontinue to maintain such ,state1 regional1 district1 local1 or other field offices as the ,secretary determines to be necessary to carry out this ,act4 #fba4 ,copyrights ,the ,secretary may acquire any of the following described rights if the property so acquired is for use by or for1 or useful to1 the ,department3 7#a7 ,copyrights1 patents1 and applications for patents1 designs1 processes1 and manufacturing data4 7#b7 ,licenses under copyrights1 patents1 and applications for patents4 7#c7 ,releases1 before suit is brought1 for past infringement of patents or copyrights4 #fbb4 ,capital fund 7a7 ,establishment ,the ,secretary may establish a working capital fund1 to be available without fiscal year limitation1 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 efficiency1 including services such as-- 7#a7 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 ,department2 7#b7 central messenger1 mail1 telephone1 and other communications services2 7#c7 office space and central services for document reproduction1 graphics1 and visual aids2 and 7#d7 a central library service4 7b7 ,transfers ,the capital of the fund shall consist of-- 7#a7 any appropriations made for the purpose of providing capital2 and 7#b7 the fair and reasonable value of such stocks of supplies1 equipment1 and other assets and inventories on order as the ,secretary may transfer to the fund1 less the related liabilities and unpaid obligations4 7c7 ,reimbursement ,amounts in the fund shall be reimbursed in advance from available funds of agencies and offices in the ,department1 or from other sources1 for supplies and services at rates that approximate the expense of operation1 including the accrual of annual leave and the depreciation of equipment4 7d7 ,credits ,the fund shall be credited with receipts-- 7#a7 from sale or exchange of property2 and 7#b7 in payment for loss or damage to property owned by the fund4 7e7 ,surplus amounts ,there shall be covered into the ,treasury as miscellaneous receipts any surplus amounts in the fund 7all assets1 liabilities1 and prior losses considered71 in excess of the amounts transferred or appropriated to establish and maintain the fund4 #fbc4 ,seal of ,department 7a7 ,in general ,the ,secretary shall cause a seal of office to be made for the ,department4 7b7 ,judicial notice ,judicial notice shall be taken of the seal under this section4 #fbd4 ,regional energy advisory boards 7a7 ,in general ,the ,governors of the ,states in each region may establish #a regional energy advisory board for each region1 to include such membership as the ,governors determine to be appropriate4 7b7 ,observers 7#a7 ,in general ,the following officials 7or a designee7 may participate as observers in the deliberations of any board established under subsection 7a73 7,a7 ,the ,secretary4 7,b7 ,the ,secretary of ,commerce4 7,c7 ,the ,secretary of the ,interior4 7,d7 ,the ,chairman of the ,council on ,environmental ,quality4 7,e7 ,the ,commandant of the ,coast ,guard4 7#b7 ,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 #aife 7#db ,u4,s4,c4 #caia et seq47 may participate as an observer in the deliberations of any board established under subsection 7a7 that includes one or more ,states that are members of the regional commission4 7c7 ,recommendations 7#a7 ,in general ,each board established under subsection 7a7 may make such recommendations as are appropriate to programs of the ,department having a direct effect on the region of the board4 7#b7 ,failure to adopt ,if a board makes a specific recommendation under paragraph 7#a7 that is not adopted in the implementation of a program described in that paragraph1 the ,secretary shall notify the ,board in writing of the reasons for not adopting the recommendation4 #fbe4 ,designation of conservation officers 7a7 ,designation ,the ,secretary of ,defense1 the ,secretary of ,commerce1 the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,transportation1 the ,secretary of ,agriculture1 the ,secretary of the ,interior1 the head of the ,united ,states ,postal ,service1 and the ,administrator of ,general ,services shall each designate #a ,assistant ,secretary or ,assistant ,administrator1 as applicable1 as the principal conservation officer of the respective department or agency4 7b7 ,duties ,a principal conservation officer designated under subsection 7a7 shall be principally responsible for-- 7#a7 the planning and implementation of energy conservation programs by the applicable department or agency2 and 7#b7 coordination with the ,department with respect to energy matters4 7c7 ,publication 7#a7 ,in general ,each department and agency described in subsection 7a7 shall periodically inform the ,secretary of the identity of the relevant conservation officer4 7#b7 ,list ,the ,secretary shall periodically publish a list identifying conservation officers under this section1 based on the information provided under paragraph 7#a74 #fbf4 ,annual report 7a7 ,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 ,act1 the ,secretary shall submit to the ,president1 for inclusion in a report to ,congress1 a report on the activities of the ,department during the preceding fiscal year4 7b7 ,inclusions ,each report under subsection 7a7 shall include-- 7#a7 a statement of the goals1 priorities1 and plans of the ,secretary for the ,department1 together with an assessment of the progress made toward-- 7,a7 the attainment of those goals2 7,b7 the effective and efficient management of the ,department2 and 7,c7 progress made in coordination of departmental functions with other ,federal departments and agencies2 7#b7 the information required by-- 7,a7 section #ae of the ,federal ,energy ,administration ,act of #aigd 7#ae ,u4,s4,c4 #ggd72 7,b7 section #cfe7;c7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;c772 7,c7 section #cjd7;c7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbd7;c772 7,d7 section #cjg of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehgg72 and 7,e7 section #ae of the ,federal ,nonnuclear ,energy ,research and ,development ,act of #aigd 7#db ,u4,s4,c4 #eiad72 7#c7 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 ,states1 including a comprehensive summary of data pertaining to all fuel and energy needs of residents of the ,united ,states residing in-- 7,a7 areas outside standard metropolitan statistical areas2 and 7,b7 areas within such areas that are unincorporated or rural areas1 as specified by the ,bureau of the ,census2 7#d7 an estimate of-- 7,a7 the domestic and foreign energy supply on which the ,united ,states will be expected to rely to meet those needs in an economic manner1 with due regard for the protection of the environment1 the conservation of natural resources1 and the implementation of foreign policy objectives2 and 7,b7 the quantities of energy expected to be provided by different sources 7including petroleum1 natural and synthetic gases1 coal1 uranium1 hydroelectric1 solar1 and other means7 and the expected means of obtaining those quantities2 7#e7 current and foreseeable trends in the price1 quality1 management1 and use of energy resources and the effects of those trends on the social1 environmental1 economic1 and other requirements of the ,united ,states2 7#f7 a summary of research and development efforts funded by the ,federal ,government to develop new technologies1 to forestall energy shortages1 to reduce waste1 to foster recycling1 to encourage conservation practices1 and to increase efficiency1 including a description of the activities carried out by the ,department in support of environmental1 social1 economic1 institutional1 biomedical1 physical1 and safety research1 development1 demonstration1 and monitoring activities necessary to guarantee that technological programs funded by the ,department are carried out in a manner that is capable of-- 7,a7 maintaining or improving the quality of the environment2 and 7,b7 mitigating any undesirable environmental and safety impacts2 7#g7 a review and appraisal of the adequacy and appropriateness of technologies1 procedures1 and practices 7including competitive and regulatory practices7 employed by the ,federal ,government or ,state and local governments and nongovernmental entities to achieve the purposes of this ,act2 7#h7 a summary of cooperative and voluntary efforts that have been mobilized to promote conservation and recycling1 together with plans for such efforts during the succeeding fiscal year1 and recommendations for changes in laws and regulations needed to encourage more conservation and recycling by all segments of the ,united ,states2 7#i7 a summary of substantive measures taken by the ,department-- 7,a7 to stimulate and encourage the development of new manpower resources through institutions of higher education in the ,united ,states2 and 7,b7 to involve those institutions in the execution of the research and development programs of the ,department2 and 7#aj7 to the maximum extent practicable1 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 supplies1 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 entities1 and such other related matters as the ,secretary determines to be appropriate4 #fbg4 ,transfer of funds 7a7 ,in general ,except as provided in subsection 7b71 the ,secretary1 as authorized in an appropriations ,act1 may transfer for any fiscal year funds from #a appropriation to another within the ,department4 7b7 ,exception ,no appropriation shall be increased or decreased pursuant to this section by more than #e percent of the appropriation for the applicable fiscal year4 #fbh4 ,guards for ,strategic ,petroleum ,reserve facilities ,in accordance with guidelines prescribed by the ,secretary1 in concurrence with the ,attorney ,general1 employees of the ,department and employees of contractors and subcontractors 7at any tier7 of the ,department1 in carrying out the official duties of protecting the ,strategic ,petroleum ,reserve or a storage or related facility1 or of protecting individuals relating to the ,strategic ,petroleum ,reserve or a storage or related facility1 may-- 7#a7 carry firearms1 if designated by the ,secretary and qualified for the use of firearms under the guidelines2 and 7#b7 arrest without warrant any individual for an offense against the ,united ,states-- 7,a7 in the case of a felony1 if the employee has reasonable grounds to believe that the individual-- 7i7 has committed or is committing a felony2 and 7ii7 is in1 or is fleeing from1 the immediate area of the felony2 and 7,b7 in the case of a felony or misdemeanor1 if the violation is committed in the presence of the employee4 #fbi4 ,trespass on ,strategic ,petroleum ,reserve facilities 7a7 ,regulations 7#a7 ,in general ,the ,secretary may promulgate regulations relating to the entry on1 or carrying1 transporting1 or otherwise introducing or causing to be introduced any dangerous weapon1 explosive1 or other dangerous instrument or material likely to produce substantial injury or damage to individuals or property into or onto1 the ,strategic ,petroleum ,reserve1 a storage or related facility1 or real property subject to the jurisdiction or administration1 or in the custody1 of the ,secretary under part ,b of title ,i of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbca et seq474 7#b7 ,notice ,the ,secretary shall post conspicuously on any property subject to the regulations under paragraph 7#a7 a notification that the property is subject to the regulations4 7b7 ,violators ,any individual who willfully violates a regulation of the ,secretary promulgated pursuant to subsection 7a7 shall be-- 7#a7 guilty of a misdemeanor2 and 7#b7 punished on conviction by a fine of not more than #e1jjj1 imprisonment for not more than #a year1 or both4 #fcj4 ,annual assessment and report on vulnerability of facilities to terrorist attack 7a7 ,in general ,not less frequently than once each year1 the ,secretary shall conduct a comprehensive assessment of the vulnerability of ,department facilities to a terrorist attack4 7b7 ,reports ,not later than ,june #a1 #bjae1 and annually thereafter1 the ,secretary shall submit to ,congress a report on the assessment conducted under subsection 7a7 for the preceding calendar year1 including the results of the assessment1 together with such findings and recommendations as the ,secretary considers to be appropriate4 ,,vii ,transitional1 savings1 and conforming provisions #gja4 ,transfer and allocations of appropriations and personnel 7a7 ,in general ,except as otherwise provided in this ,act1 the personnel employed in connection with1 and the assets1 liabilities1 contracts1 property1 records1 and unexpended balance of appropriations authorizations1 allocations1 and other funds employed1 held1 used1 arising from1 available to1 or to be made available in connection with the functions transferred by this ,act1 subject to section #aeca of title #ca1 ,united ,states ,code1 are transferred to the ,secretary for appropriate allocation4 7b7 ,use of unexpended funds ,unexpended funds transferred pursuant to subsection 7a7 shall only be used for the purposes for which the funds were originally authorized and appropriated4 7c7 ,specific positions ,positions expressly specified by statute or reorganization plan to carry out functions transferred by this ,act1 personnel occupying those positions on the effective date of this ,act1 and personnel authorized to receive compensation in those positions at the rate prescribed for offices and positions at level ,i1 ,,ii1 ,,iii1 ,,iv1 or ,v of the ,executive ,schedule under subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code1 on the effective date of this ,act1 shall be subject to section #gjc4 #gjb4 ,effect on personnel 7a7 ,in general ,except as otherwise provided in this ,act or by the ,secretary1 the transfer pursuant to this title of full-time personnel 7except special ,government employees7 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 #a year after the date of enactment of this ,act4 7b7 ,compensation ,any person who1 on the effective date of this ,act1 holds a position compensated in accordance with the ,executive ,schedule prescribed in chapter #ec of title #e1 ,united ,states ,code1 and who1 without a break in service1 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 position1 for the duration of service in the new position4 7c7 ,reemployment rights 7#a7 ,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-- 7,a7 the #abj-;day period beginning on the effective date of this ,act2 or 7,b7 the #b-year period beginning on the date on which the employee acquired the reemployment rights4 7#b7 ,requirement ,reemployment rights may only be exercised at the request of the employee4 #gjc4 ,agency terminations 7a7 ,in general ,except as otherwise provided in this ,act1 whenever all of the functions vested by law in any agency1 commission1 or other body1 or any component of an agency1 commission1 or other body1 have been terminated or transferred from that agency1 commission1 or other body1 or component by this ,act1 the agency1 commission1 or other body1 or component1 shall terminate4 7b7 ,termination of positions and offices ,if an agency1 commission1 or other body1 or any component of an agency1 commission1 or other body1 terminates pursuant to subsection 7a71 each position and office within the agency1 commission1 or other body1 or component1 that was expressly authorized by law1 or the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level ,,ii1 ,,iii1 ,,iv1 or ,v of the ,executive ,schedule under subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code1 shall terminate4 #gjd4 ,incidental transfers ,the ,director of the ,office of ,management and ,budget1 in consultation with the ,secretary and the ,commission1 shall make such determinations as may be necessary with regard to the transfer of functions that relate to or are used by an agency1 commission or other body1 or component of an agency1 commission1 or other body1 affected by this ,act1 to make such additional incidental dispositions of personnel1 assets1 liabilities1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds held1 used1 arising from1 available to1 or to be made available in connection with the functions transferred by this ,act1 as the ,director considers necessary to accomplish the purposes of this ,act4 #gje4 ,savings provisions 7a7 ,orders ,to remain in effect 7#a7 ,in general ,all orders1 determinations1 rules1 regulations1 permits1 contracts1 certificates1 licenses1 and privileges described in paragraph 7#b7 shall continue in effect according to their respective terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 the ,secretary1 the ,commission1 or other authorized officials1 a court of competent jurisdiction1 or by operation of law4 7#b7 ,specification ,paragraph 7#a7 applies to all orders1 determinations1 rules1 regulations1 permits1 contracts1 certificates1 licenses1 and privileges that-- 7,a7 have been issued1 made1 granted1 or allowed to become effective by the ,president1 any ,federal department or agency1 official of a ,federal department or agency1 or by a court of competent jurisdiction1 in the performance of functions that are transferred under this ,act to the ,department or the ,commission after the date of enactment of this ,act2 and 7,b7 are in effect on the date on which this ,act takes effect4 7b7 ,pending proceedings 7#a7 ,in general ,this ,act shall not affect any proceedings or any application for any license1 permit1 certificate1 or financial assistance pending before any department1 agency1 commission1 or component of a department1 agency1 or commission1 functions of which are transferred by this ,act on the date on which this ,act takes effect4 7#b7 ,continuation 7,a7 ,in general ,to the extent that proceedings and applications described in paragraph 7#a7 relate to functions transferred by this ,act-- 7i7 the proceedings and applications shall be continued2 and 7ii7 orders shall be issued1 appeals shall be taken1 and payments shall be made pursuant to the orders1 as if this ,act had not been enacted4 7,b7 ,effect ,orders issued in any proceeding continued under this paragraph shall continue in effect until modified1 terminated1 superseded1 or revoked by-- 7i7 a duly authorized official2 7ii7 a court of competent jurisdiction2 or 7iii7 operation of law4 7,c7 ,discontinuance or modification ,nothing in this subsection prohibits the discontinuance or modification of any proceeding described in paragraph 7#a7 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 enacted4 7#c7 ,regulations ,the ,secretary and the ,commission may promulgate regulations providing for the orderly transfer of proceedings described in paragraph 7#a7 to the ,department or the ,commission4 7c7 ,pending suits 7#a7 ,in general ,except as provided in paragraph 7#c7-- 7,a7 this ,act shall not affect suits commenced prior to the effective date of this ,act2 and 7,b7 in all suits described in subparagraph 7,a71 proceedings shall be had1 appeals taken1 and judgments rendered in the same manner and effect as if this ,act had not been enacted4 7#b7 ,suits by and against officers in official capacity and departments and agencies 7,a7 ,offices ,no suit1 action1 or other proceeding commenced by or against any officer in the official capacity of the officer as an officer of any department or agency1 functions of which are transferred by this ,act1 shall abate by reason of the enactment of this ,act4 7,b7 ,departments and agencies ,no cause of action by or against any department or agency1 functions of which are transferred by this ,act1 or by or against any officer of a department or agency in the official capacity of the officer1 shall abate by reason of the enactment of this ,act4 7#c7 ,transfer ,if1 before the effective date of this ,act1 any department or agency1 or officer of a department or agency in the official capacity of the officer1 is a party to a suit1 and under this ,act any function of the department1 agency1 or officer is transferred to the ,secretary or any other official1 then the suit shall be continued with the ,secretary or other official1 as applicable1 substituted4 #gjf4 ,reference ,with respect to any functions transferred by this ,act and exercised after the effective date of this ,act1 reference in any other ,federal law to any department1 commission1 or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the ,secretary1 the ,commission1 or other official or component of the ,department in which this ,act vests those functions4 #gjg4 ,presidential authority ,except as provided in title ,,iv1 nothing in this ,act limits1 curtails1 abolishes1 or terminates-- 7#a7 any function of1 or authority available to1 the ,president that the ,president had immediately before the effective date of this ,act2 or 7#b7 the authority of the ,president to delegate1 redelegate1 or terminate any delegation of functions4 #gjh4 ,transition ,with the consent of the appropriate department or agency head concerned1 the ,secretary may use the services of the officers1 employees1 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 ,act4 #gji4 ,administrative amendments 7a7 ,executive departments ,section #aja of title #e1 ,united ,states ,code is amended by striking ,department of ,energy and inserting ,department of ,energy and the ,environment4 7b7 ,level ,i ,section #ecab of title #e1 ,united ,states ,code1 is amended by striking ,secretary of ,energy and inserting ,secretary of ,energy and the ,environment4 7c7 ,level ,,ii ,section #ecac of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking ,deputy ,secretary of ,energy and inserting ,deputy ,secretary of ,energy and the ,environment2 and 7#b7 by striking ,administrator of the ,environmental ,protection ,agency44 7d7 ,level ,,iii ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,under ,secretaries of ,energy 7#c7 and inserting ,under ,secretaries of ,energy and the ,environment 7#d74 7e7 ,level ,,iv ,section #ecae of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking ,assistant ,secretaries of ,energy 7#h7 and inserting ,assistant ,secretaries of ,energy and the ,environment 7#ah72 7#b7 by striking ,general ,counsel of the ,department of ,energy and inserting ,general ,counsel of the ,department of ,energy and the ,environment2 7#c7 by striking ,administrator1 ,economic ,regulatory ,administration1 ,department of ,energy42 7#d7 by striking ,administrator1 ,energy ,information ,administration1 ,department of ,energy4 and inserting ,administrator1 ,energy and ,environment ,information ,administration1 ,department of ,energy and the ,environment42 7#e7 by striking ,director1 ,office of ,indian ,energy ,policy and ,programs1 ,department of ,energy2 7#f7 by striking ,director1 ,office of ,science1 ,department of ,energy42 7#g7 by striking ,assistant ,administrator for ,toxic ,substances1 ,environmental ,protection ,agency42 7#h7 by striking ,assistant ,administrator1 ,office of ,solid ,waste1 ,environmental ,protection ,agency42 7#i7 by striking ,assistant ,administrators1 ,environmental ,protection ,agency 7#h742 7#aj7 by striking ,chief ,financial ,officer1 ,department of ,energy and inserting ,chief ,financial ,officer1 ,department of ,energy and the ,environment2 7#aa7 by striking ,chief ,financial ,officer1 ,environmental ,protection ,agency42 7#ab7 by striking ,chief ,information ,officer1 ,department of ,energy and inserting ,chief ,information ,officer1 ,department of ,energy and the ,environment2 and 7#ac7 by striking ,chief ,information ,officer1 ,environmental ,protection ,agency44 7f7 ,level ,v ,section #ecaf of title #e1 ,united ,states ,code1 is amended by striking ,additional ,officers1 ,department of ,energy 7#ad7 and inserting ,additional ,officers1 ,department of ,energy and the ,environment 7#ad74 #gaj4 ,director of ,office of ,personnel ,management report ,as soon as practicable but not later than #a year after the effective date of this ,act1 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 ,act1 which shall include-- 7#a7 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 ,act2 7#b7 a statement of the number of employees entitled to pay savings by reason of the reorganization under this ,act2 7#c7 a statement of the number of employees who are voluntarily or involuntarily separated by reason of the reorganization2 7#d7 an estimate of the personnel costs associated with the reorganization2 7#e7 the effects of the reorganization on labor management relations2 and 7#f7 such legislative and administrative recommendations for improvements in personnel management within the ,department as the ,director considers necessary4 #gaa4 ,investigations and reports on duplicative programs and activities ,the ,secretary shall-- 7#a7 conduct routine investigations to identify programs1 offices1 and initiatives with duplicative goals and activities within the ,department2 and 7#b7 report annually to ,congress on the findings from the investigations 7including the cost of such duplication71 including recommendations for consolidation and elimination to reduce duplication and for specific rescissions4 #gab4 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 and published before the effective date of this ,act4 #gac4 ,conforming amendments ,the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaja et seq47 is repealed4 ,,viii ,energy planning #hja4 ,national ,energy ,policy ,plan 7a7 ,in general ,the ,president shall-- 7#a7 in accordance with subsection 7b71 prepare and submit to ,congress a proposed ,national ,energy ,policy ,plan 7referred to in this title as a proposed ,plan72 7#b7 seek the active participation by regional1 ,state1 and local agencies and instrumentalities and the private sector through public hearings in cities and rural communities and other appropriate means to ensure1 to the maximum extent practicable1 that the views and proposals of all segments of the economy are taken into account in the formulation and review of the proposed ,plan2 7#c7 include in the proposed ,plan a comprehensive summary of data pertaining to all fuel and energy needs of persons residing in-- 7,a7 areas outside standard metropolitan statistical areas2 and 7,b7 areas within standard metropolitan statistical areas that are unincorporated or are specified by the ,bureau of the ,census as rural areas4 7b7 ,contents of proposed ,plan ,not later than ,april #a1 #bjae1 and biennially thereafter1 the ,president shall submit to ,congress the proposed ,plan1 which shall-- 7#a7 consider and establish energy production1 use1 and conservation objectives1 for periods of #e and #aj years1 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 ,states1 paying particular attention to the needs for-- 7,a7 full employment2 7,b7 price stability2 7,c7 energy security2 7,d7 economic growth2 7,e7 environmental protection2 7,f7 nuclear nonproliferation2 7,g7 special regional needs2 and 7,h7 the efficient use of public and private resources2 7#b7 identify the strategies that should be followed and the resources that should be committed to achieve those objectives1 including-- 7,a7 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 sector2 and 7,b7 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 ,federal1 ,state1 and local environmental laws1 standards1 and requirements2 and 7#c7 contain recommendations for legislative and administrative actions necessary to achieve the objectives of the proposed ,plan1 including legislative recommendations with respect to taxes or tax incentives1 ,federal funding1 regulatory actions1 antitrust policy1 foreign policy1 and international trade4 7c7 ,contents of report ,the ,president shall submit to ,congress with the proposed ,plan a report that shall include-- 7#a7 any data and analysis necessary to support the objectives1 resource needs1 and policy recommendations contained in the proposed ,plan2 7#b7 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 environment1 conserve natural resources1 and implement foreign policy objectives2 7#c7 an evaluation of current and foreseeable trends in the price1 quality1 management1 and use of energy resources and the effects of those trends on the social1 environmental1 economic1 and other requirements of the ,united ,states2 7#d7 a summary of research and development efforts funded by the ,federal ,government-- 7,a7 to forestall energy shortages2 7,b7 to reduce waste2 7,c7 to foster recycling2 7,d7 to encourage conservation practices2 and 7,e7 to otherwise protect environmental quality1 including recommendations for developing technologies to accomplish the purposes listed in subparagraphs 7,a7 through 7,d72 and 7#e7 a review and appraisal of the adequacy and appropriateness of technologies1 procedures1 and practices 7including competitive and regulatory practices7 employed by ,federal1 ,state1 and local governments and nongovernmental entities to achieve the purposes of the proposed ,plan4 7d7 ,consultation required ,the ,president shall ensure that consumers1 small businesses1 and a wide range of other interests1 including those of individual citizens who have no financial interest in the energy industry1 are consulted in the development of the proposed ,plan4 #hjb4 ,congressional review 7a7 ,in general ,each proposed ,plan shall be referred to the appropriate committees of the ,senate and the ,house of ,representatives4 7b7 ,committee action ,each committee to which a proposed ,plan is referred shall-- 7#a7 review the proposed ,plan2 and 7#b7 if considered appropriate by the committee1 report to the ,senate or the ,house of ,representatives legislation regarding the proposed ,plan1 which may contain such alternatives to1 modifications of1 or additions to the proposed ,plan submitted by the ,president as the committee considers appropriate4 ,,ix ,effective date and interim appointments #ija4 ,effective date 7a7 ,in general ,except as provided in subsection 7b71 this ,act shall take effect on the earlier of-- 7#a7 #abj days after the ,secretary first takes office2 or 7#b7 such date as the ,president may prescribe and publish in the ,federal ,register4 7b7 ,appointments and regulations ,at any time after the date of enactment of this ,act-- 7#a7 any of the officers provided for in titles ,,ii and ,,iv may be nominated and appointed1 as provided in those titles2 and 7#b7 the ,secretary and the ,commission may promulgate regulations pursuant to section #gje4 7c7 ,use of funds ,funds available to any department or agency 7or any official or component of a department or agency7 functions of which are transferred to the ,secretary or the ,commission by this ,act1 may with the approval of the ,director of the ,office of ,management and ,budget1 be used to pay the compensation and expenses of any officer appointed pursuant to subsection 7b7 until such time as funds for that purpose are otherwise available4 #ijb4 ,interim appointments 7a7 ,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 ,act1 the ,president may designate any officer1 whose appointment was required to be made by and with the advice and consent of the ,senate1 and who was such an officer immediately prior to the effective date of the ,act1 to act in the office until the office is filled as provided in this ,act4 7b7 ,compensation ,any person acting in an office in accordance with subsection 7a7 shall receive compensation at the rates provided by this ,act for the respective office in which the person acts4