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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3404 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3404

   To establish within the Department of Energy an Office of Federal 
               Energy Production, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2012

 Mr. Coats (for himself and Mr. Vitter) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
   To establish within the Department of Energy an Office of Federal 
               Energy Production, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy Reorganization 
Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Americans are paying an ever-increasing amount to meet 
        basic energy needs;
            (2) a consolidation of energy-production functions within a 
        single agency would contribute to greater strategic energy 
        policy coherence;
            (3) the mission of the Department of Energy is an 
        obligation to ensure the energy security and prosperity of the 
        United States;
            (4) the Department of Energy is the primary Federal source 
        for energy data and forecasting at the Energy Information 
        Administration;
            (5) the Energy Information Administration can best account 
        for national energy needs both now and in the future;
            (6) fossil-fuel production on Federal land decreased by 14 
        percent in 2011 and is anticipated to continue declining into 
        the foreseeable future under the stewardship of the Secretary 
        of the Interior;
            (7) the Secretary of the Interior continues to restrict 
        access to domestic energy;
            (8) the Department of the Interior is oriented more toward 
        conservation and managing Federal land than providing for the 
        future energy needs of the United States; and
            (9) the Secretary of the Interior continues to pursue land 
        management and resource development decisions that hamper 
        economic growth and fail to meet the energy needs of the United 
        States.

SEC. 3. DEFINITIONS.

    In this Act:
     (a) Department.--The term ``Department'' means the Department of 
Energy.
    (b) Secretary.--The term ``Secretary'' means the Secretary of 
Energy.

SEC. 4. OFFICE OF FEDERAL ENERGY PRODUCTION.

    (a) Establishment.--There shall be within the Department an Office 
of Federal Energy Production.
    (b) Director.--The Office of Federal Energy Production shall be 
headed by a Director, who shall be appointed by the Secretary.
    (c) Transfer of Functions.--There are transferred to, and vested 
in, the Director of the Office of Federal Energy Production all of the 
functions provided by law (as of the date of enactment of this Act) 
to--
            (1) the Director of the Bureau of Ocean Energy Management;
            (2) the Director of the Bureau of Safety and Environmental 
        Enforcement; and
            (3) the Director of the Bureau of Land Management of the 
        Department of the Interior with respect to oil and gas 
        development and renewable energy production.

SEC. 5. BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT.

    (a) Establishment.--There shall be within the Department a Bureau 
of Safety and Environmental Enforcement.
    (b) Director.--The Bureau of Safety and Environmental Enforcement 
shall be headed by a Director, who shall be appointed by the Secretary.
    (c) Transfer of Functions.--There are transferred to, and vested 
in, the Director of the Bureau of Safety and Environmental Enforcement 
all of the functions provided by law (including regulations), as of the 
date of enactment of this Act, to the Director of the Bureau of Safety 
and Environmental Enforcement of the Department of the Interior.

SEC. 6. BUREAU OF OCEAN ENERGY MANAGEMENT.

    (a) Establishment.--There shall be within the Department a Bureau 
of Ocean Energy Management.
    (b) Director.--The Bureau of Ocean Energy Management shall be 
headed by a Director, who shall be appointed by the Secretary.
    (c) Transfer of Functions.--Except as otherwise provided in this 
title, there are transferred to, and vested in, the Director of the 
Bureau of Ocean Energy Management all of the functions provided by law 
(as of the date of enactment of this Act) to the Director of the Bureau 
of Ocean Energy Management of the Department of the Interior.

SEC. 7. CERTIFICATION OF 5-YEAR LEASING PLAN.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended by adding at the end the following:
    ``(i) Certification by Secretary of Energy.--
            ``(1) In general.--The Secretary of Energy shall certify 
        that the program prepared under subsection (a) will best meet 
        national energy needs for the 5-year period following the 
        approval or reapproval of the program.
            ``(2) Modification or rejection.--
                    ``(A) In general.--The Secretary of Energy may 
                modify or reject any program prepared under subsection 
                (a).
                    ``(B) Oil from foreign sources other than canada or 
                mexico.--If the Secretary of Energy, in consultation 
                with the Energy Information Administration, determines 
                that the United States will require more than 1,000,000 
                barrels of oil per day for the next fiscal year from 
                foreign sources other than Canada and Mexico, the 
                Secretary shall amend the program prepared under 
                subsection (a) to include additional lease sales in 
                additional areas.
    ``(j) Public Comment by Private Entities.--
            ``(1) In general.--The procedures described in subsection 
        (f)(2) shall include a 30-day period for public notice and 
        participation, once annually, for private entities to provide 
        the Secretary with a notice of interest to lease and produce 
        oil in any area not prohibited by a moratorium.
            ``(2) Modification.--If the Secretary receives a notice of 
        interest under paragraph (1), the Secretary shall modify the 
        plan prepared under subsection (a) for the next year to include 
        a lease sale in each area specified in the notice of 
        interest.''.

SEC. 8. SHALE LEASES AND PERMITS; PUBLICLY AVAILABLE DATA.

    Section 21 of the Mineral Leasing Act (30 U.S.C. 241) is amended by 
adding at the end the following:
    ``(e) Financing for Research.--In addition to any funds made 
available to the Secretary of the Interior to carry out this subsection 
for each fiscal year, of the funds made available to the Secretary of 
Energy for each fiscal year, there is authorized to be appropriated 
such sums as are necessary to carry out this subsection for each fiscal 
year.
    ``(f) Publicly Available Data.--The Secretary of Energy shall post 
on the main page of the public Internet website of the Department of 
Energy the revenue and production data resulting from the leases under 
subsection (a).''.

SEC. 9. EXEMPTION OF THE DEPARTMENT OF ENERGY FROM THE EQUAL ACCESS TO 
              JUSTICE ACT.

    Sections 504 of title 5 and 2412 of title 28, United States Code, 
shall not apply to the Department of Energy.

SEC. 10. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    (a) In General.--Except as otherwise provided in this Act, the 
personnel employed in connection with, and the assets, liabilities, 
contracts, property, records, and unexpended balance of appropriations, 
authorizations, allocations, and other funds employed, held, used, 
arising from, available to, or to be made available in connection with 
the functions transferred by this Act, subject to section 1531 of title 
31, United States Code, are transferred to the Secretary for 
appropriate allocation.
    (b) Use of Unexpended Funds.--Unexpended funds transferred under 
subsection (a) shall only be used for the purposes for which the funds 
were originally authorized and appropriated.
    (c) Specific Positions.--Positions expressly specified by statute 
or reorganization plan to carry out functions transferred by this Act, 
personnel occupying those positions and personnel authorized to receive 
compensation in those positions at the rate prescribed for offices and 
positions at level I, II, III, IV, or V of the Executive Schedule under 
subchapter II of chapter 53 of title 5, United States Code, on the 
effective date of this Act, shall be subject to section 3103 of that 
title.

SEC. 11. EFFECT ON PERSONNEL.

    (a) In General.--Except as otherwise provided in this Act or by the 
Secretary, the transfer under this Act of full-time personnel (except 
special Government employees) and part-time personnel holding permanent 
positions under this Act shall not cause any such employee to be 
separated or reduced in grade or compensation for 1 year after the date 
of enactment of this Act.
    (b) Compensation.--Any person who, on the effective date of this 
Act, holds a position compensated in accordance with the Executive 
Schedule prescribed in chapter 53 of title 5, United States Code, and 
who, without a break in service, is appointed in the Department to a 
position having duties comparable to the duties performed immediately 
preceding the appointment shall continue to be compensated in the new 
position at not less than the rate provided for the previous position, 
for the duration of service in the new position.
    (c) Reemployment Rights.--
            (1) In general.--An employee transferred to the Department 
        who holds reemployment rights acquired under any provision of 
        law (including regulations) may exercise those rights only 
        during the latter of--
                    (A) the 120-day period beginning on the effective 
                date of this Act; or
                    (B) the 2-year period beginning on the date on 
                which the employee acquired the reemployment rights.
            (2) Requirement.--Reemployment rights may only be exercised 
        at the request of the employee.

SEC. 12. AGENCY TERMINATIONS.

    (a) In General.--Except as otherwise provided in this Act, whenever 
all of the functions vested by law in any agency, commission, or other 
body, or any component of an agency, commission, or other body, have 
been terminated or transferred from that agency, commission, or other 
body, or component by this Act, the agency, commission, or other body, 
or component, shall terminate.
    (b) Termination of Positions and Offices.--If an agency, 
commission, or other body, or any component of an agency, commission, 
or other body, terminates under subsection (a), each position and 
office within the agency, commission, or other body, or component, that 
was expressly authorized by law, or the incumbent of which was 
authorized to receive compensation at the rates prescribed for an 
office or position at level II, III, IV, or V of the Executive Schedule 
under subchapter II of chapter 53 of title 5, United States Code, shall 
terminate.

SEC. 13. INCIDENTAL TRANSFERS.

    The Director of the Office of Management and Budget, in 
consultation with the Secretary, shall make such determinations as may 
be necessary with regard to the transfer of functions that relate to or 
are used by an agency, commission or other body, or component of an 
agency, commission, or other body, affected by this Act, to make such 
additional incidental dispositions of personnel, assets, liabilities, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds held, 
used, arising from, available to, or to be made available in connection 
with the functions transferred by this Act, as the Director considers 
necessary to accomplish the purposes of this Act.

SEC. 14. SAVINGS PROVISIONS.

    (a) Orders To Remain in Effect.--
            (1) In general.--All orders, determinations, rules, 
        regulations, permits, contracts, certificates, licenses, and 
        privileges described in paragraph (2) shall continue in effect 
        according to their respective terms until modified, terminated, 
        superseded, set aside, or revoked in accordance with law by the 
        President, the Secretary, or other authorized officials, a 
        court of competent jurisdiction, or by operation of law.
            (2) Specification.--Paragraph (1) applies to all orders, 
        determinations, rules, regulations, permits, contracts, 
        certificates, licenses, and privileges that--
                    (A) have been issued, made, granted, or allowed to 
                become effective by the President, any Federal 
                department or agency, official of a Federal department 
                or agency, or by a court of competent jurisdiction, in 
                the performance of functions that are transferred under 
                this Act to the Department after the date of enactment 
                of this Act; and
                    (B) are in effect on the date on which this Act 
                takes effect.
    (b) Pending Proceedings.--
            (1) In general.--This Act shall not affect any proceeding 
        or any application for any license, permit, certificate, or 
        financial assistance pending before any department, agency, 
        commission, or component of a department, agency, or 
        commission, functions of which are transferred by this Act on 
        the effective date of this Act.
            (2) Continuation.--
                    (A) In general.--To the extent that the proceedings 
                and applications described in paragraph (1) relate to 
                functions transferred by this Act--
                            (i) the proceedings and applications shall 
                        be continued; and
                            (ii) orders shall be issued, appeals shall 
                        be taken, and payments shall be made under the 
                        orders, as if this Act had not been enacted.
                    (B) Effect.--Orders issued in any proceeding 
                continued under this paragraph shall continue in effect 
                until modified, terminated, superseded, or revoked by--
                            (i) a duly authorized official;
                            (ii) a court of competent jurisdiction; or
                            (iii) operation of law.
                    (C) Discontinuance or modification.--Nothing in 
                this subsection prohibits the discontinuance or 
                modification of any proceeding described in paragraph 
                (1) under the same terms and conditions and to the same 
                extent that the proceeding could have been discontinued 
                or modified if this Act had not been enacted.
            (3) Regulations.--The Secretary may promulgate regulations 
        providing for the orderly transfer of proceedings described in 
        paragraph (1) to the Department.
    (c) Pending Suits.--
            (1) In general.--Except as provided in paragraph (3)--
                    (A) this Act shall not affect suits commenced prior 
                to the effective date of this Act; and
                    (B) in all suits described in subparagraph (A), 
                proceedings shall be had, appeals taken, and judgments 
                rendered in the same manner and effect as if this Act 
                had not been enacted.
            (2) Suits by and against officers in official capacity and 
        departments and agencies.--
                    (A) Offices.--No suit, action, or other proceeding 
                commenced by or against any officer in the official 
                capacity of the officer as an officer of any department 
                or agency, functions of which are transferred by this 
                Act, shall abate by reason of the enactment of this 
                Act.
                    (B) Departments and agencies.--No cause of action 
                by or against any department or agency, functions of 
                which are transferred by this Act, or by or against any 
                officer of a department or agency in the official 
                capacity of the officer, shall abate by reason of the 
                enactment of this Act.
            (3) Transfer.--If, before the effective date of this Act, 
        any department or agency, or officer of a department or agency 
        in the official capacity of the officer, is a party to a suit, 
        and under this Act any function of the department, agency, or 
        officer is transferred to the Secretary or any other official, 
        then the suit shall be continued with the Secretary or other 
        official, as applicable, substituted.

SEC. 15. REFERENCE.

    With respect to any functions transferred by this Act and exercised 
after the effective date of this Act, reference in any other Federal 
law to any department, commission, or agency or any officer or office 
the functions of which are so transferred shall be deemed to refer to 
the Secretary or other official or component of the Department in which 
this Act vests those functions.

SEC. 16. PRESIDENTIAL AUTHORITY.

    Nothing in this Act limits, curtails, abolishes, or terminates--
            (1) any function of, or authority available to, the 
        President that the President had immediately before the 
        effective date of this Act; or
            (2) the authority of the President to delegate, redelegate, 
        or terminate any delegation of functions.

SEC. 17. TRANSITION.

    With the consent of the appropriate department or agency head, the 
Secretary may use the services of the officers, employees, and other 
personnel of the departments and agencies from which functions have 
been transferred to the Secretary for such period of time as may 
reasonably be needed to facilitate the orderly transfer of functions 
under this Act.
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