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DEPARTMENT OF ENERGY ORGANIZATION ACT

DEPARTMENT OF ENERGY ORGANIZATION ACT

Public Law 95-91, as Amended

AN ACT To establish a Department of Energy in the executive branch by the reorganization of energy functions within the Federal Government in order to secure effective management to assure a coordinated national energy policy, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Department of Energy Organization Act".

TABLE OF CONTENTS

Sec. 2. Definitions.

TITLE I-DECLARATION OF FINDINGS AND PURPOSES

Sec. 101. Findings.

Sec. 102. Purposes.

Sec. 103. Relationship with States.

TITLE II-ESTABLISHMENT OF THE DEPARTMENT

Sec. 201. Establishment.

Sec. 202. Principal officers.

Sec. 203. Assistant Secretaries.

Sec. 204. Federal Energy Regulatory Commission.
Sec. 205. Energy Information Administration.
Sec. 206. Economic Regulatory Administration.
Sec. 207. Comptroller General functions.
Sec. 208. Office of Inspector General.
Sec. 209. Office of Energy Research.
Sec. 210. Leasing Liaison Committee.

TITLE III-TRANSFERS OF FUNCTIONS

Sec. 301. General transfers.

Sec. 302. Transfers from the Department of the Interior.

Sec. 303. Administration of leasing transfers.

Sec. 304. Transfers from the Department of Housing and Urban Development.

Sec. 305. Coordination with the Department of Transportation.

Sec. 306. Transfer from the Interstate Commerce Commission.

Sec. 307. Transfers from the Department of the Navy.
Sec. 308. Transfers from the Department of Commerce.
Sec. 309. Naval reactor and military application programs.
Sec. 310. Transfer to the Department of Transportation.

TITLE IV-FEDERAL ENERGY REGULATORY COMMISSION

Sec. 401. Appointment and administration.

Sec. 402. Jurisdiction of the Commission.

Sec. 403. Initiation of rulemaking proceedings before Commission.
Sec. 404. Referral of other rulemaking proceedings to Commission.
Sec. 405. Right of Secretary to intervene in Commission procedures.
Sec. 406. Reorganization.

Sec. 407. Access to information.

TITLE V-ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

Sec. 501. Procedures.

Sec. 502. Judicial review.

Sec. 503. Remedial orders.
Sec. 504. Requests for adjustments.
Sec. 505. Review and effect.

TITLE VI-ADMINISTRATIVE PROVISIONS
PART A-CONFLICT OF INTEREST PROVISIONS

Sec. 601. Definitions.

Sec. 602. Divestiture of energy holdings by supervisory officials.

Sec. 603. Disclosure of energy assets.

Sec. 604. Report on prior employment.

Sec. 605. Postemployment prohibitions and reporting requirements.
Sec. 606. Participation prohibitions.

Sec. 607. Procedures applicable to reports.
Sec. 608. Sanctions.

PART B-PERSONNEL PROVISIONS

Sec. 621. Officers and employees.
Sec. 622. Senior positions.
Sec. 623. Experts and consultants.
Sec. 624. Advisory committees.
Sec. 625. Armed services personnel.

PART C-GENERAL ADMINISTRATIVE PROVISIONS

Sec. 641. General authority.
Sec. 642. Delegation.

Sec. 643. Reorganization.

Sec. 644. Rules.

Sec. 645. Subpena.

Sec. 646. Contracts.

Sec. 647. Acquisition and maintenance of property.
Sec. 648. Facilities construction.

Sec. 649. Use of facilities.

Sec. 650. Field offices.

Sec. 651. Copyrights.

Sec. 652. Gifts and bequests.

Sec. 653. Capital fund.

Sec. 654. Seal of Department.

Sec. 655. Regional energy advisory boards.
Sec. 656. Designation of conservation officers.

Sec. 657. Annual report.

Sec. 658. Leasing report.

Sec. 659. Transfer of funds.

Sec. 660. Authorization of appropriations.

TITLE VII-TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS Sec. 701. Transfer and allocations of appropriations and personnel.

Sec. 702. Effect on personnel.
Sec. 703. Agency terminations.
Sec. 704. Incidental transfers.
Sec. 705. Savings provisions.
Sec. 706. Separability.

Sec. 707. References.

Sec. 708. Presidential authority.

Sec. 709. Amendments.

Sec. 710. Administrative amendments.

Sec. 711. Transition.

Sec. 712. Civil Service Commission report.
Sec. 713. Environmental impact statements.

TITLE VIII-ENERGY PLANNING

Sec. 801. National energy policy plan.
Sec. 802. Congressional review.

TITLE IX-EFFECTIVE DATE AND INTERIM APPOINTMENTS Sec. 901. Effective date.

Sec. 902. Interim appointments.

TITLE X-SUNSET PROVISIONS

Sec. 1001. Submission of comprehensive review.
Sec. 1002. Contents of review.

[42 U.S.C. 7101 note]

DEFINITIONS

SEC. 2. (a) As used in this Act, unless otherwise provided or indicated by the context, the term the "Department" means the Department of Energy or any component thereof, including the Federal Energy Regulatory Commission.

(b) As used in this Act (1) reference to "function" includes reference to any duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be; and (2) reference to "perform", when used in relation to functions, includes the undertaking, fulfillment, or execution of any duty or obligation; and the exercise of power, authority, rights, and privileges.

(c) As used in this Act, "Federal lease" means an agreement which, for any consideration, including but not limited to, bonuses, rents, or royalties conferred and covenants to be observed, authorizes a person to explore for, or develop, or produce (or to do any or all of these) oil and gas, coal, oil shale, tar sands, and geothermal resources on lands or interests in lands under Federal jurisdiction. [42 U.S.C. 7101]

TITLE I-DECLARATION OF FINDINGS AND PURPOSES

FINDINGS

SEC. 101. The Congress of the United States finds that

(1) the United States faces an increasing shortage of nonrenewable energy resources;

(2) this energy shortage and our increasing dependence on foreign energy supplies present a serious threat to the national security of the United States and to the health, safety and welfare of its citizens;

(3) a strong national energy program is needed to meet the present and future energy needs of the Nation consistent with overall national economic, environmental and social goals;

(4) responsibility for energy policy, regulation, and research, development and demonstration is fragmented in many departments and agencies and thus does not allow for the comprehensive, centralized focus necessary for effective coordination of energy supply and conservation programs; and

(5) formulation and implementation of a national energy program require the integration of major Federal energy functions into a single department in the executive branch.

[42 U.S.C. 7111]

PURPOSES

SEC. 102. The Congress therefore declares that the establishment of a Department of Energy is in the public interest and will pro

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