"Person." Final order, appeal, prohibition. Contestation, notice. Stay. Hearing. Cross examination. Final order. Enforcement and review. Time limits. Savings provision. sion of such rule, regulation, or order alleged to have been violated. For purposes of this section "person" includes any individual, association, company, corporation, partnership, or other entity however organized. (b) If within thirty days after the receipt of the remedial order issued by the Secretary, the person fails to notify the Secretary that he intends to contest the remedial order, the remedial order shall become effective and shall be deemed a final order of the Secretary and not subject to review by any court or agency. (c) If within thirty days after the receipt of the remedial order issued by the Secretary, the person notifies the Secretary that he intends to contest a remedial order issued under subsection (a) of this section, the Secretary shall immediately advise the Commission of such notification. Upon such notice, the Commission shall stay the effect of the remedial order, unless the Commission finds the public interest requires immediate compliance with such remedial order. The Commission shall, upon request, afford an opportunity for a hearing, including, at a minimum, the submission of briefs, oral or documentary evidence, and oral arguments. To the extent that the Commission in its discretion determines that such is required for a full and true disclosure of the facts, the Commission shall afford the right of cross examination. The Commission shall thereafter issue an order, based on findings of fact, affirming, modifying, or vacating the Secretary's remedial order, or directing other appropriate relief, and such order shall for the purpose of judicial review, constitute a final agency action, except that enforcement and other judicial review of such action shall be the responsibility of the Secretary. (d) The Secretary may set reasonable time limits for the Commission to complete action on a proceeding referrred to it pursuant to this section. (e) Nothing in preceding provisions of this section shall be construed to affect any procedural action taken by the Secretary prior to or incident to initial issuance of a remedial order which is the subject of the hearing provided in this section, but such procedures shall be reviewable in the hearing. (f) The provisions of preceding provisions of this section shall be applicable only with respect to proceedings initiated by a notice of probable violation issued after the effiective date of this Act.1 (g) With respect to any person whose sole petroleum industry operation relates to the marketing of petroleum products, the Secretary or any person acting on his be 1 Public Law 95-620 (92 Stat. 3348) (1978), sec. 805 (b), added the words "preceding provisions of" before the words "this section" in subsec. (e) and (f). half may not exercise discretion to maintain a civil ac tion (other than an action for injunctive relief) or issue a remedial order against such person for any violation of any rule or regulation if— (1) such civil action or order is based on a retroactive application of such rule or regulation or is based upon a retroactive interpretation of such rule or regulation; and (2) such person relied in good faith upon rules. regulations, or ruling in effect on the date of the violation interpreting such rules or regulations.2 REQUESTS FOR ADJUSTMENTS 15 USC 761 note. 15 USC 791 42 USC 6201 note. note. SEC. 504. (a) The Secretary or any officer designated 42 USC 7194. by him shall provide for the making of such adjustments to any rule, regulation or order described in section 501 (a) issued under the Federal Energy Administration Act, the Emergency Petroleum Allocation Act of 1973, the Energy Supply and Environmental Coordination Act of 1974, or the Energy Policy and Conservation Act, consistent with the other purposes of the relevant Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens, and shall by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or recission of, exception to, or exemption from, such rule, regulation or order. The Secretary or any such officer shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such application or petition. (b) (1) If any person is aggrieved or adversely af- Denial, judicial fected by a denial of a request for adjustment under subsection (a) such person may request a review of such denial by the Commission and may obtain judicial review in accordance with this title when such a denial becomes final. review. (2) The Commission shall, by rule, establish appropri- Hearing. ate procedures, including a hearing when requested, for review of a denial. Action by the Commission under this section shall be considered final agency action within the meaning of section 704 of title 5, United States Code, and shall not be subject to further review by the Secretary or any officer or employee of the Department. Litigation involving judicial review of such action shall be the responsibility of the Secretary. 2 Public Law 95-620 (92 Stat. 3348) (1978), sec. 805 (a), added subsec. (g). Report to 42 USC 7195. Supervisory employees. 42 USC 7211. 5 USC 5332 5312-5316. "Energy concern. REVIEW AND EFFECT SEC. 505. Within one year after the effective date of this Act, the Secretary shall submit a report to Congress concerning the actions taken to implement section 501. The report shall include a discussion of the adequacy of such section from the standpoint of the Department and the public, including a summary of any comments obtained by the Secretary from the public about the section and implementing regulations, and such recommendations as the Secretary deems appropriate concerning the procedures required by such action. TITLE VI-ADMINISTRATIVE PROVISIONS PART A-CONFLICT OF INTEREST PROVISIONS DEFINITIONS SEC. 601. (a) For the purposes of this title, the following officers or employees of the Department are supervisory employees: (1) an individual holding a position in the Department at GS-16, GS-17, or GS-18 of the General Schedule or at level I, II, III, IV, or V of the Executive Schedule, or who is in a position at a comparable or higher level on any other Federal pay scale, or who holds a position pursuant to subsection (b) or (d) of section 621, or who is an expert or consultant employed pursuant to section 3109 of title 5, United States Code, for more than ninety days in any calendar year and receives compensation at an annual rate equal to or in excess of the minimum rate prescribed for individuals at GS-16 of the General Schedule; (2) the Director or Deputy Director of any State. regional, district, local, or other field office maintained pursuant to section 650 of this Act; (3) an employee or officer who has primary responsibility for the award, review, modification, or termination of any grant, contract, award, or fund transfer within the authority of the Secretary; and (4) any other employee or officer who, in the judgment of the Secretary, exercises sufficient decisionmaking or regulatory authority so that the provisions of this title should apply to such individual. (b) For purposes of this title the term "energy concern" includes (1) any person significantly engaged in the business of developing, extracting, producing, refining, transporting by pipeline, converting into synthetic fuel, distributing, or selling minerals for use as an energy source, or in the generation or transmission of energy from such minerals or from wastes or re- (2) any person holding an interest in property (3) any person significantly engaged in the business of producing, generating, transmitting, distributing, or selling electric power; (4) any person significantly engaged in development, production, processing, sale, or distribution of nuclear materials, facilities, or technology; (5) any person (A) significantly engaged in the business of conducting research, development, or demonstration related to an activity described in paragraph (1), (2), (3), or (4); or (B) significantly engaged in conducting such research, development, or demonstration with financial assistance under any Act the functions of which are vested in or delegated or transferred to the Secretary or the Department. (c) (1) The Secretary shall prepare and periodically publish a list of persons which the Secretary has determined to be energy concerns as defined by subsection (b). The absence of any particular energy concern from such list shall not exempt any officer or employee from the requirements of sections 602 through 606 of this Act. (2) At the request of any officer or employee of the Department the Secretary shall determine whether any person is an energy concern as defined by subsection (b). (d) For the purposes of sections 602 (a), 603 (a), 605 (a), and 606 an individual shall be deemed to have known of or knowingly committed a described act or to have known of or knowingly held a described interest, status, or position if the employee knew or should have known of such act, interest, status, or position. For the purposes of section 602 (a) an officer or employee shall be deemed to have known of or knowingly held an interest in an energy concern if such interest is sold or otherwise transferred to his spouse or dependent while such officer or employee is, or within six months prior to the date on which such officer or employee becomes, an officer or employee of the Department. The placing of an interest under a trust by an individual shall not satisfy the requirement of section 602 or waive the requirements of section 603 as to such interest unless none of the interests placed under such trust by such individual consists of known financial interests in any energy concern. DIVESTITURE OF ENERGY HOLDINGS BY SUPERVISORY OFFICIALS SEC. 602. (a) No supervisory employee shall knowingly List of energy concerns, publication. Energy concerns, knowledge of interest or portions. 42 USC 7212. Transferred personnel, compliance. Notice. Waiver. Publication in Report. receive compensation from, or hold any official relation with, any energy concern, or own stocks or bonds of any energy concern, or have any pecuniary interest therein. (b) Personnel transferred to the Department pursuant to section 701 of this Act shall have six months to comply with the provisions of subsection (a) with respect to prohibited property holdings. Any person transferred pursuant to section 701 of this Act shall notify the Secretary or his designee of all known circumstances which would be violative of the restrictions set forth in subsection (a) not later than thirty days after the date of such transfer, as determined by the United States Civil Service Commission. (c) Where exceptional hardship would result, or where the interest is a pension, insurance or other similarly vested interest, the Secretary is authorized to waive the requirements of this section for such period as he may prescribe with respect to any supervisory employee covered. Such waiver shall: (1) be published in the Federal Register; (2) contain a finding by the Secretary that exceptional hardship would result or that there is such a vested interest; and (3) state the period of the waiver and indicate the actions taken to minimize or eliminate the conflict. of interest during such period. (d) Any supervisory employee who continues to receive income from any energy concern, or continues to own property directly or indirectly in any such concern shall disclose such income or ownership pursuant to section 603. DISCLOSURE OF ENERGY ASSETS SEC. 603. (a) Each individual who at any time during the calendar year serves as an officer or employee of the Department shall disclose to the Secretary (1) the amount of income and the identity of the source of income knowingly received by such individual, his spouse, or dependent from any energy concern, and (2) the identity and value of interest knowingly held in any such concern during such calendar year. Such report shall be filed not later than thirty days after commencing service in the Department and on May 15 following each such calendar year. Each report under this subsection shall be in such form and manner as the Secretary shall, by rule, prescribe. (b) The Secretary shall (1) act, within ninety days after the effective date of this Act, by rule to establish the methods by which the requirement to file written statements specified in subsection (a) will be monitored and |