II 

112TH CONGRESS 

1ST SESSION S. 892 

To establish the Department of Energy and the Environment, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2011 

Mr. BURR (for himself, Mr. DEMINT, Mr. ENZI, Mr. THUNE, Mr. MCCAIN, 

Mr. COATS, Mr. SHELBY, Mr. BARRASSO, Mr. BLUNT, Mr. BOOZMAN, 

Mr. COCHRAN, Mrs. HUTCHISON, Mr. VITTER, Mr. HATCH, Mr. JOHNSON of Wisconsin, and Mr. LEE) introduced the following bill; which was 

read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To establish the Department of Energy and the 

Environment, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Consolidation of Department of Energy and Environ6 mental Protection Agency Act of 2011’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—MISSION AND GOALS 

Sec. 101. Mission. 

Sec. 102. Goals. 

Sec. 103. Relationship with States. 

TITLE II—ESTABLISHMENT OF DEPARTMENT 

Sec. 201. Establishment. 

Sec. 202. Principal officers. 

Sec. 203. Assistant Secretaries. 

Sec. 204. Other officers. 

Sec. 205. Federal Energy Regulatory Commission. 

Sec. 206. Energy and Environmental Information Administration. 

Sec. 207. Comptroller General functions. 

Sec. 208. Office of Science. 

Sec. 209. Establishment of policy for National Nuclear Security Administration. 

Sec. 210. Establishment of security, counterintelligence, and intelligence policies. 

Sec. 211. Office of Intelligence and Counterintelligence. 

Sec. 212. Office of Indian Energy Policy and Programs. 

TITLE III—TRANSFER OF FUNCTIONS 

Sec. 301. Transfer of functions. 

Sec. 302. Power Administrations. 

TITLE IV—FEDERAL ENERGY REGULATORY COMMISSION 

Sec. 401. Appointment and administration. 

Sec. 402. Jurisdiction of Commission. 

Sec. 403. Initiation of rulemaking proceedings before Commission. 

Sec. 404. Referral of other rulemaking proceedings to Commission. 

Sec. 405. Right of Secretary to intervene in Commission proceedings. 

Sec. 406. Reorganization. 

Sec. 407. Access to information. 

TITLE V—ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW 

Sec. 501. Procedures. 

Sec. 502. Judicial review. 

Sec. 503. Remedial orders. 

Sec. 504. Requests for adjustments. 

Sec. 505. Review and effect. 

TITLE VI—ADMINISTRATIVE PROVISIONS 

Subtitle A—Personnel Provisions 

Sec. 601. Officers and employees. 

Sec. 602. Senior positions. 

Sec. 603. Experts and consultants. 

Sec. 604. Advisory committees. 


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Subtitle B—General Administrative Provisions 

Sec. 611. General authority. 

Sec. 612. Delegation. 

Sec. 613. Reorganization. 

Sec. 614. Rules. 

Sec. 615. Subpoena. 

Sec. 616. Contracts. 

Sec. 617. Acquisition and maintenance of property. 

Sec. 618. Facilities construction. 

Sec. 619. Use of facilities. 

Sec. 620. Field offices. 

Sec. 621. Copyrights. 

Sec. 622. Capital fund. 

Sec. 623. Seal of Department. 

Sec. 624. Regional energy advisory boards. 

Sec. 625. Designation of conservation officers. 

Sec. 626. Annual report. 

Sec. 627. Transfer of funds. 

Sec. 628. Guards for Strategic Petroleum Reserve facilities. 

Sec. 629. Trespass on Strategic Petroleum Reserve facilities. 

Sec. 630. Annual assessment and report on vulnerability of facilities to terrorist 

attack. 

TITLE VII—TRANSITIONAL, SAVINGS, AND CONFORMING 

PROVISIONS 

Sec. 701. Transfer and allocations of appropriations and personnel. 

Sec. 702. Effect on personnel. 

Sec. 703. Agency terminations. 

Sec. 704. Incidental transfers. 

Sec. 705. Savings provisions. 

Sec. 706. Reference. 

Sec. 707. Presidential authority. 

Sec. 708. Transition. 

Sec. 709. Administrative amendments. 

Sec. 710. Director of Office of Personnel Management report. 

Sec. 711. Investigations and reports on duplicative programs and activities. 

Sec. 712. Environmental impact statements. 

Sec. 713. Conforming amendments. 

TITLE VIII—ENERGY PLANNING 

Sec. 801. National energy policy plan. 

Sec. 802. Congressional review. 

TITLE IX—ELIMINATION OR REDUCTION OF CERTAIN PROGRAMS 

Subtitle A—Energy Programs 

Sec. 901. Elimination of grants to States for energy conservation and weatherization. 

Sec. 902. Reduction of Department funding for energy technology development. 

Sec. 903. Prohibition on refurbishment of the Los Alamos Neutron Science 

Center (LANSCE). 

Sec. 904. Repeal of ultra-deepwater and unconventional natural gas and other 

petroleum resources research and development program. 


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Sec. 905. Reduction in fossil energy research and development. 

Sec. 906. Administrative Efficiency Initiative. 

Sec. 907. Do Not Pay Fraud Prevention Activities. 

Subtitle B—Environmental Programs 

Sec. 911. State water pollution control revolving funds. 

Sec. 912. State drinking water revolving funds. 

Sec. 913. Performance partnership grants. 

Sec. 914. Pollution control programs. 

Sec. 915. Nonpoint source management programs. 

Sec. 916. Targeted watershed grants. 

Sec. 917. U.S.-Mexico Border Water Infrastructure program. 

Sec. 918. Tribal assistance grants. 

Sec. 919. Public water system supervision program. 

Sec. 920. Underground injection control program. 

Sec. 921. Termination of diesel emissions reduction grants. 

Sec. 922. Termination of local government climate change grants. 

Sec. 923. Termination of targeted airshed grants. 

Sec. 924. Termination of targeted water infrastructure grants. 

Sec. 925. Reduction in funding for homeland security activities. 

Sec. 926. Reduction in funding for Great Lakes Initiative. 

Sec. 927. Reduction in funding for nonpoint source management program 

grants. 

Sec. 928. Savings through maintenance agreements for capital equipment. 

Sec. 929. Savings through electronic emissions reporting. 

Sec. 930. Savings through reducing travel costs through videoconferencing. 

TITLE X—EFFECTIVE DATE AND INTERIM APPOINTMENTS 

Sec. 1001. Effective date. 

Sec. 1002. Interim appointments. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ASSETS.—The term ‘‘assets’’ includes con4 tracts, facilities, property, records, unobligated or 

5 unexpended balances of appropriations, and other 

6 funds or resources (other than personnel). 

7 (2) COMMISSION.—The term ‘‘Commission’’ 

8 means the Federal Energy Regulatory Commission. 

9 (3) DEPARTMENT.—The term ‘‘Department’’ 

10 means the Department of Energy and the Environ11 ment. 


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1 (4) FUNCTION.—The term ‘‘function’’ includes 

2 any authority, power, right, privilege, immunity, pro3 gram, project, activity, duty, and responsibility. 

4 (5) LOCAL GOVERNMENT.—The term ‘‘local 

5 government’’ means— 

6 (A) a county, municipality, city, town, 

7 township, local public authority, school district, 

8 special district, intrastate district, council of 

9 governments (regardless of whether the council 

10 of governments is incorporated as a nonprofit 

11 corporation under State law), regional or inter12 state government entity, or agency or instru13 mentality of a local government; 

14 (B) an Indian tribe or authorized tribal or15 ganization or, in the State of Alaska, a Native 

16 village or Alaska Regional Native Corporation; 

17 and 

18 (C) a rural community, unincorporated 

19 town or village, or other public entity. 

20 (6) NATIONAL LABORATORY.—The term ‘‘Na21 tional Laboratory’’ has the meaning given the term 

22 in section 2 of the Energy Policy Act of 2005 (42 

23 U.S.C. 15801). 

24 (7) PERFORM.—The term ‘‘perform’’, with re25 spect to a function, includes— 


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1 (A) the undertaking, fulfillment, or execu2 tion of any duty or obligation; and 

3 (B) the exercise of any power, authority, 

4 right, or privilege. 

5 (8) PERSONNEL.—The term ‘‘personnel’’ means 

6 officers and employees. 

7 (9) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Energy and the Environment. 

9 (10) STATE.—The term ‘‘State’’ means— 

10 (A) each of the several States of the 

11 United States; 

12 (B) the District of Columbia; 

13 (C) the Commonwealth of Puerto Rico; 

14 (D) Guam; 

15 (E) American Samoa; 

16 (F) the Commonwealth of the Northern 

17 Mariana Islands; and 

18 (G) any other territory or possession of the 

19 United States. 

20 (11) UNITED STATES.—The term ‘‘United 

21 States’’, when used in a geographical sense, 

22 means— 

23 (A) all of the States; and 

24 (B) any waters within the jurisdiction of 

25 the United States. 


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1 TITLE I—MISSION AND GOALS 

2 SEC. 101. MISSION. 

3 The primary mission of the Department is to ensure 

4 the security and prosperity of the United States by— 

5 (1) protecting human health; 

6 (2) safeguarding the natural environment; and 

7 (3) addressing the energy, environmental, and 

8 nuclear challenges of the United States through 

9 transformative science and technology solutions. 

10 SEC. 102. GOALS. 

11 The goals of the Department are— 

12 (1) to catalyze the timely, material, and effi13 cient transformation of the energy system of the 

14 United States and secure the leadership of the 

15 United States in energy technologies; 

16 (2) to maintain a vibrant effort in science and 

17 engineering as a cornerstone of the economic pros18 perity of the United States, with clear leadership in 

19 strategic areas; 

20 (3) to protect human health and safeguard the 

21 natural environment; and 

22 (4) to enhance nuclear security through de23 fense, nonproliferation, and environmental efforts. 


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1 SEC. 103. RELATIONSHIP WITH STATES. 

2 (a) IN GENERAL.—If any proposed action by the De3 partment conflicts with the energy or environment plan 

4 of any State, the Department shall— 

5 (1) give due consideration to the needs of the 

6 State; and if practicable, attempt to resolve the con7 flict through consultations with appropriate State of8 ficials. 

9 (b) STATE MATTERS.—Nothing in this Act shall af10 fect the authority of any State over matters exclusively 

11 within the jurisdiction of the State. 

12 TITLE II—ESTABLISHMENT OF 

13 DEPARTMENT 

14 SEC. 201. ESTABLISHMENT. 

15 (a) ESTABLISHMENT.—There is established at the 

16 seat of government an executive department to be known 

17 as the Department of Energy and the Environment. 

18 (b) SECRETARY.—There shall be at the head of the 

19 Department a Secretary of Energy and the Environment, 

20 who shall be appointed by the President by and with the 

21 advice and consent of the Senate. 

22 (c) ADMINISTRATION.—The Department shall be ad23 ministered, in accordance with this Act, under the super24 vision and direction of the Secretary. 

25 SEC. 202. PRINCIPAL OFFICERS. 

26 (a) DEPUTY SECRETARY.— 


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1 (1) IN GENERAL.—There shall be in the De2 partment a Deputy Secretary, who shall be ap3 pointed by the President, by and with the advice and 

4 consent of the Senate. 

5 (2) DUTIES.—The Deputy Secretary shall act 

6 for and exercise the functions of the Secretary dur7 ing the absence or disability of the Secretary or in 

8 the event the office of Secretary becomes vacant. 

9 (3) ORDER OF SUCCESSION.—The Secretary 

10 shall designate the order in which the Under Secre11 taries and other officials shall act for and perform 

12 the functions of the Secretary during the absence or 

13 disability of both the Secretary and Deputy Sec14 retary or in the event of vacancies in both of those 

15 offices. 

16 (b) UNDER SECRETARY OF ENVIRONMENT.— 

17 (1) IN GENERAL.—There shall be in the De18 partment an Under Secretary for Environment, who 

19 shall be appointed by the President, by and with the 

20 advice and consent of the Senate. 

21 (2) DUTIES.—The Under Secretary for Envi22 ronment shall perform such functions and duties as 

23 the Secretary shall prescribe, consistent with this 

24 Act. 

25 (c) UNDER SECRETARY OF NUCLEAR SECURITY.— 


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1 (1) IN GENERAL.—There shall be in the De2 partment an Under Secretary for Nuclear Security, 

3 who shall be appointed by the President, by and 

4 with the advice and consent of the Senate. 

5 (2) QUALIFICATIONS.—The Under Secretary 

6 for Nuclear Security shall be appointed from among 

7 individuals who— 

8 (A) have extensive backgrounds in national 

9 security, organizational management, and ap10 propriate technical fields; and 

11 (B) are well qualified to manage the nu12 clear weapons, nonproliferation, and materials 

13 disposition programs of the National Nuclear 

14 Security Administration in a manner that ad15 vances and protects the national security of the 

16 United States. 

17 (3) ADMINISTRATOR FOR NUCLEAR SECU18 RITY.— 

19 (A) IN GENERAL.—The Under Secretary 

20 for Nuclear Security shall serve as the Adminis21 trator for Nuclear Security under section 3212 

22 of the National Nuclear Security Administra23 tion Act (50 U.S.C. 2402). 

24 (B) FUNCTIONS.— 


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1 (i) IN GENERAL.—In carrying out the 

2 functions of the Administrator, the Under 

3 Secretary shall be subject to the authority, 

4 direction, and control of the Secretary. 

5 (ii) DELEGATION.—The authority, di6 rection, and control of the Secretary may 

7 be delegated only to the Deputy Secretary 

8 of Energy and the Environment, without 

9 redelegation. 

10 (d) UNDER SECRETARY FOR SCIENCE.— 

11 (1) IN GENERAL.—There shall be in the De12 partment an Under Secretary for Science, who shall 

13 be appointed by the President, by and with the ad14 vice and consent of the Senate. 

15 (2) QUALIFICATIONS.—The Under Secretary 

16 for Science shall be appointed from among individ17 uals who— 

18 (A) have extensive background in scientific 

19 or engineering fields; and 

20 (B) are well qualified to manage the civil21 ian research and development programs of the 

22 Department. 

23 (3) DUTIES.—The Under Secretary for Science 

24 shall— 


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1 (A) serve as the Science and Technology 

2 Advisor to the Secretary; 

3 (B) monitor the research and development 

4 programs of the Department in order to advise 

5 the Secretary with respect to any undesirable 

6 duplication or gaps in the programs; 

7 (C) advise the Secretary with respect to 

8 the well-being and management of the multi9 purpose laboratories under the jurisdiction of 

10 the Department; 

11 (D) advise the Secretary with respect to 

12 education and training activities required for ef13 fective short- and long-term basic and applied 

14 research activities of the Department; 

15 (E) advise the Secretary with respect to 

16 grants and other forms of financial assistance 

17 required for effective short- and long-term basic 

18 and applied research activities of the Depart19 ment; 

20 (F) advise the Secretary with respect to 

21 long-term planning, coordination, and develop22 ment of a strategic framework for Department 

23 research and development activities; and 

24 (G) carry out such additional duties that 

25 the Secretary assigns to the Under Secretary 


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1 relating to basic and applied research, including 

2 supervision or support of research activities car3 ried out by any of the Assistant Secretaries des4 ignated by section 203, as the Secretary deter5 mines appropriate. 

6 (e) UNDER SECRETARY OF ENERGY.— 

7 (1) IN GENERAL.—There shall be in the De8 partment an Under Secretary of Energy, who shall 

9 be appointed by the President, by and with the ad10 vice and consent of the Senate. 

11 (2) DUTIES.—The Under Secretary of Energy 

12 shall perform such functions and duties as the Sec13 retary shall prescribe, consistent with this Act. 

14 (f) GENERAL COUNSEL.— 

15 (1) IN GENERAL.—There shall be in the De16 partment a General Counsel, who shall be appointed 

17 by the President, by and with the advice and consent 

18 of the Senate. 

19 (2) DUTIES.—The General Counsel shall per20 form such functions and duties as the Secretary 

21 shall prescribe, consistent with this Act. 

22 SEC. 203. ASSISTANT SECRETARIES. 

23 (a) IN GENERAL.—There shall be in the Department 

24 18 Assistant Secretaries, each of whom shall be appointed 


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1 by the President, by and with the advice and consent of 

2 the Senate. 

3 (b) FUNCTIONS.—The Assistant Secretaries shall 

4 perform such functions of the Secretary as are prescribed 

5 by the Secretary, including the following: 

6 (1) Air and radiation functions. 

7 (2) Enforcement and compliance assurance 

8 functions. 

9 (3) Legacy management functions. 

10 (4) Solid waste and emergency response func11 tions. 

12 (5) Environmental research and development 

13 functions. 

14 (6) Water functions. 

15 (7) Chemical safety and pollution prevention 

16 functions. 

17 (8) Environmental management functions. 

18 (9) Energy resource applications, including 

19 functions dealing with management of all forms of 

20 energy production and utilization, including fuel sup21 ply, electric power supply, enriched uranium produc22 tion, energy technology programs, and the manage23 ment of energy resource leasing procedures on Fed24 eral land. 


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1 (10) Energy research and development func2 tions, including the responsibility for policy and 

3 management of research and development for all as4 pects of— 

5 (A) solar energy resources; 

6 (B) geothermal energy resources; 

7 (C) recycling energy resources; 

8 (D) the fuel cycle for fossil energy re9 sources; and 

10 (E) the fuel cycle for nuclear energy re11 sources. 

12 (11) Environmental responsibilities and func13 tions, including— 

14 (A) advising the Secretary with respect to 

15 the conformance of the activities of the Depart16 ment to environmental protection laws and 

17 principles; and 

18 (B) conducting a comprehensive program 

19 of research and development on the environ20 mental effects of energy technologies and pro21 grams. 

22 (12) International programs and international 

23 policy functions, including functions that assist in 

24 promoting international energy. 


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1 (13) Intergovernmental policies and relations, 

2 including responsibilities for ensuring that— 

3 (A) national energy policies are reflective 

4 of and responsible to the needs of State and 

5 local governments; and 

6 (B) other components of the Department 

7 coordinate activities with State and local gov8 ernments, if appropriate, and develop intergov9 ernmental communications with State and local 

10 governments. 

11 (14) Competition and consumer affairs, includ12 ing responsibilities for— 

13 (A) the promotion of competition in the en14 ergy industry; 

15 (B) the protection of the consuming public 

16 in the energy policymaking processes; and 

17 (C) assisting the Secretary in the formula18 tion and analysis of policies, rules, and regula19 tions relating to competition and consumer af20 fairs. 

21 (15) Nuclear waste management responsibil22 ities, including— 

23 (A) the establishment of control over exist24 ing Federal Government facilities for the treat25 ment and storage of nuclear wastes, including 


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1 all containers, casks, buildings, vehicles, equip2 ment, and all other materials associated with 

3 the facilities; 

4 (B) the establishment of control over all 

5 existing nuclear waste in the possession or con6 trol of the Federal Government and all commer7 cial nuclear waste presently stored on site 

8 (other than the site of a licensed nuclear power 

9 electric generating facility), except that nothing 

10 in this paragraph shall alter or effect title to 

11 the waste; 

12 (C) the establishment of temporary and 

13 permanent facilities for storage, management, 

14 and ultimate disposal of nuclear wastes; 

15 (D) the establishment of facilities for the 

16 treatment of nuclear wastes; 

17 (E) the establishment of programs for the 

18 treatment, management, storage, and disposal 

19 of nuclear wastes; 

20 (F) the establishment of fees or user 

21 charges for nuclear waste treatment or storage 

22 facilities, including fees to be charged Federal 

23 Government agencies; and 

24 (G) the promulgation of rules and regula25 tions to implement the authority described in 


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1 this paragraph, except that nothing in this sec2 tion grants to the Department regulatory func3 tions of the Nuclear Regulatory Commission, or 

4 any additional related functions, as of the date 

5 of enactment of this Act. 

6 (16) Energy conservation functions, including— 

7 (A) the development of comprehensive en8 ergy conservation strategies for the United 

9 States; 

10 (B) the planning and implementation of 

11 major research and demonstration programs for 

12 the development of technologies and processes 

13 to reduce total energy consumption; 

14 (C) the administration of voluntary and 

15 mandatory energy conservation programs; and 

16 (D) the dissemination to the public of all 

17 available information on energy conservation 

18 programs and measures. 

19 (17) Power marketing functions, including re20 sponsibility for marketing and transmission of Fed21 eral power. 

22 (18) Public and congressional relations func23 tions, including responsibilities for providing a con24 tinuing liaison between the Department and Con25 gress and the Department and the public. 


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1 (c) SPECIFIC FUNCTIONS.—At the time the name of 

2 any individual is submitted for confirmation to the posi3 tion of Assistant Secretary, the President shall identify 

4 with particularity the one or more functions described in 

5 subsection (b) (or any portion of the function) for which 

6 the individual will be responsible. 

7 SEC. 204. OTHER OFFICERS. 

8 (a) INSPECTOR GENERAL.—There is an Inspector 

9 General of the Department, who shall be appointed as pro10 vided in section 3(a) of the Inspector General Act of 1978 

11 (5 U.S.C. App.). 

12 (b) OTHER OFFICERS.—To assist the Secretary in 

13 the performance of the functions of the Secretary, there 

14 are the following officers of the Department, who shall be 

15 appointed by the Secretary: 

16 (1) A Chief Financial Officer. 

17 (2) A Congressional and Intergovernmental Af18 fairs Officer. 

19 (3) A Community and Public Affairs Officer. 

20 (4) A Management and Human Resources Offi21 cer. 

22 (5) A Hearings and Appeals Officer. 

23 (6) A Chief Information Officer. 

24 (7) An Intelligence and Counterintelligence Of25 ficer. 


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1 (c) PERFORMANCE OF SPECIFIC FUNCTIONS.—Sub2 ject to this Act, each officer of the Department shall per3 form the functions specified by law for the office of the 

4 official or prescribed by the Secretary. 

5 SEC. 205. FEDERAL ENERGY REGULATORY COMMISSION. 

6 (a) IN GENERAL.—There shall be within the Depart7 ment, a Federal Energy Regulatory Commission estab8 lished in accordance with title III. 

9 (b) QUALIFICATIONS.—The Chair and members of 

10 the Commission shall be individuals who, by demonstrated 

11 ability, background, training, or experience, are specially 

12 qualified to assess fairly the needs and concerns of all in13 terests affected by Federal energy policy. 

14 SEC. 206. ENERGY AND ENVIRONMENTAL INFORMATION 

15 ADMINISTRATION. 

16 (a) IN GENERAL.—There shall be within the Depart17 ment an Energy and Environmental Information Adminis18 tration. 

19 (b) ADMINISTRATOR.— 

20 (1) IN GENERAL.—The Energy and Environ21 mental Information Administration shall be headed 

22 by an Administrator who shall be appointed by the 

23 President, by and with the advice and consent of the 

24 Senate. 


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1 (2) QUALIFICATIONS.—The Administrator shall 

2 be a person who, by reason of professional back3 ground and experience, is specially qualified to man4 age an energy and environmental information sys5 tem. 

6 (3) DUTIES.—The Administrator shall be re7 sponsible for carrying out a central comprehensive, 

8 and unified energy data and information program 

9 that will collect, evaluate, assemble, analyze, and dis10 seminate data and information that is relevant to— 

11 (A) energy resource reserves, energy pro12 duction, demand, and technology, environmental 

13 protection, and related economic and statistical 

14 information; or 

15 (B) the adequacy of energy resources to 

16 meet demands in the near and longer term fu17 ture for the economic and social needs of the 

18 United States. 

19 (c) FUNCTIONS.— 

20 (1) IN GENERAL.—The Secretary shall delegate 

21 to the Administrator the functions vested in Federal 

22 law relating to gathering, analysis, and dissemina23 tion of energy and environmental information. 


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1 (2) ENFORCEMENT.—The Administrator may 

2 act in the name of the Secretary for the purpose of 

3 obtaining enforcement of the delegated functions. 

4 (3) ADDITIONAL FUNCTIONS.— 

5 (A) IN GENERAL.—There shall be vested in 

6 the Administrator, and the Administrator shall 

7 perform, the functions assigned to the Director 

8 of the Office of Energy Information and Anal9 ysis under part B of the Federal Energy Ad10 ministration Act of 1974 (15 U.S.C. 790 et 

11 seq.). 

12 (B) ADMINISTRATION.—Sections 53(d) 

13 and 59 of the Federal Energy Administration 

14 Act of 1974 (15 U.S.C. 790b(d), 790h) shall 

15 apply to the Administrator in the performance 

16 of any function under this Act. 

17 (d) APPROVAL.—The Administrator shall not be re18 quired to obtain the approval of any other officer or em19 ployee of the Department in connection with— 

20 (1) the collection or analysis of any informa21 tion; or 

22 (2) prior to publication, the substance of any 

23 statistical or forecasting technical reports that the 

24 Administrator has prepared in accordance with law. 


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1 (e) AUDIT REVIEWS.—The Energy and Environ2 mental Information Administration shall be subject to an 

3 annual professional audit review of performance. 

4 (f) FURNISHING OF INFORMATION TO DEPART5 MENT.—On request, the Administrator shall promptly 

6 provide any information or analysis obtained under this 

7 section to any other administration, commission, or office 

8 within the Department. 

9 (g) PUBLIC AVAILABILITY.— 

10 (1) IN GENERAL.—Subject to paragraphs (2) 

11 and (3), information collected by the Energy Infor12 mation Administration shall be cataloged and, on re13 quest, promptly made available to the public in a 

14 form and manner easily adaptable for public use. 

15 (2) EXEMPTED MATTERS.—This subsection 

16 shall not require disclosure of matters exempted 

17 from mandatory disclosure by section 552(b) of title 

18 5, United States Code. 

19 (3) ADMINISTRATION.—Section 11(d) of the 

20 Energy Supply and Environmental Coordination Act 

21 of 1974 (15 U.S.C. 796(d)), and section 17 of the 

22 Federal Nonnuclear Energy Research and Develop23 ment Act of 1974 (42 U.S.C. 5916), shall continue 

24 to apply to any information obtained by the Admin25 istrator under those provisions. 


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1 (h) MAJOR ENERGY-PRODUCING COMPANIES.— 

2 (1) DEFINITIONS.—In this subsection: 

3 (A) ENERGY-PRODUCING COMPANY.—The 

4 term ‘‘energy-producing company’’ means a 

5 person engaged in— 

6 (i) ownership or control of mineral 

7 fuel resources or nonmineral energy re8 sources; 

9 (ii) exploration for, or development of, 

10 mineral fuel resources; 

11 (iii) extraction of mineral fuel or non12 mineral energy resources; 

13 (iv) refining, milling, or otherwise 

14 processing mineral fuels or nonmineral en15 ergy resources; 

16 (v) storage of mineral fuels or non17 mineral energy resources; 

18 (vi) the generation, transmission, or 

19 storage of electrical energy; 

20 (vii) transportation of mineral fuels or 

21 nonmineral energy resources by any means 

22 whatever; or 

23 (viii) wholesale or retail distribution of 

24 mineral fuels, nonmineral energy resources 

25 or electrical energy. 


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1 (B) ENERGY INDUSTRY.—The term ‘‘en2 ergy industry’’ means all energy-producing com3 panies. 

4 (C) PERSON.—The ‘‘person’’ has the 

5 meaning given the term in section 11(e) of the 

6 Energy Supply and Environmental Coordina7 tion Act of 1974 (15 U.S.C. 796(e)). 

8 (2) IDENTIFICATION AND DESIGNATION.— 

9 (A) IN GENERAL.—In addition to the ac10 quisition, collection, analysis, and dissemination 

11 of energy information pursuant to this section, 

12 the Administrator shall identify and designate 

13 major energy-producing companies that alone 

14 or with their affiliates are involved in one or 

15 more lines of commerce in the energy industry 

16 in a manner that the energy information col17 lected from the major energy-producing compa18 nies shall provide a statistically accurate profile 

19 of each line of commerce in the energy industry 

20 in the United States. 

21 (B) ADMINISTRATION.—In carrying out 

22 this subsection, the Administrator shall— 

23 (i) use, to the maximum extent prac24 ticable and consistent with this Act, reli25 able statistical sampling techniques; and 


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1 (ii) otherwise give priority to the mini2 mization of the reporting of energy infor3 mation by small businesses. 

4 (3) FINANCIAL REPORT.— 

5 (A) IN GENERAL.—The Administrator 

6 shall develop and make effective for use the for7 mat for an energy-producing company financial 

8 report. 

9 (B) USE.—The report shall be designed to 

10 allow comparison on a uniform and standard11 ized basis among energy-producing companies 

12 and shall permit for the energy-related activities 

13 of the energy-producing companies— 

14 (i) an evaluation of company revenues, 

15 profits, cash flow, and investments in total, 

16 for the energy-related lines of commerce in 

17 which the company is engaged and for all 

18 significant energy-related functions within 

19 the energy-producing companies; 

20 (ii) an analysis of the competitive 

21 structure of sectors and functional 

22 groupings within the energy industry; 

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1 scribing company operations by energy 

2 source and geographic area; 

3 (iv) the determination of costs associ4 ated with exploration, development, pro5 duction, processing, transportation, and 

6 marketing and other significant energy-re7 lated functions within the energy-pro8 ducing companies; and 

9 (v) such other analysis or evaluations 

10 as the Administrator finds necessary to 

11 carry out this Act. 

12 (4) ACCOUNTING PRACTICES.—The Adminis13 trator shall— 

14 (A) consult with the Chairman of the Se15 curities and Exchange Commission with respect 

16 to the development of accounting practices re17 quired by the Energy Policy and Conservation 

18 Act (42 U.S.C. 6201 et seq.) to be followed by 

19 persons engaged in whole or in part in the pro20 duction of crude oil and natural gas; and 

21 (B) ensure, to the maximum extent prac22 ticable, that the energy-producing company fi23 nancial report described in paragraph (3) is 

24 consistent with the accounting practices, if ap25 plicable. 


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1 (5) FREQUENCY.—The Administrator— 

2 (A) shall require each major energy-pro3 ducing company to file with the Administrator 

4 an energy-producing company financial report 

5 on at least an annual basis; and 

6 (B) may request energy information de7 scribed in the report on a quarterly basis if the 

8 Administrator determines that the quarterly re9 port of information will substantially assist in 

10 achieving the purposes of this Act. 

11 (6) SUMMARY.—A summary of information 

12 gathered pursuant to this section, accompanied by 

13 such analysis as the Administrator considers appro14 priate, shall be included in the annual report of the 

15 Department required by section 626. 

16 (7) DISCLOSURE OF CONFIDENTIAL INFORMA17 TION.—Section 1905 of title 18, United States Code, 

18 shall apply to any information obtained by the Ad19 ministration pursuant to this subsection. 

20 (i) SURVEYS OF ENERGY CONSUMPTION.— 

21 (1) IN GENERAL.—The Administrator shall con22 duct and publish the results of a survey of energy 

23 consumption in the manufacturing industries in the 

24 United States at least once every 2 years. 


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1 (2) CONFIDENTIALITY.—The Administrator 

2 shall conduct the surveys in a manner designed to 

3 protect the confidentiality of individual responses. 

4 (3) INFORMATION.—In conducting the survey, 

5 the Administrator shall collect information, including 

6 information on— 

7 (A) the quantity of fuels consumed; 

8 (B) energy expenditures; 

9 (C) fuel-switching capabilities; and 

10 (D) the use of nonpurchased sources of en11 ergy, such as solar, wind, biomass, geothermal, 

12 waste by-products, and cogeneration. 

13 (4) RELATIONSHIP TO OTHER AUTHORITY.— 

14 This subsection does not affect the authority of the 

15 Administrator to collect data under section 52 of the 

16 Federal Energy Administration Act of 1974 (15 

17 U.S.C. 790a). 

18 (j) COLLECTION AND PUBLICATION OF SURVEY RE19 SULTS.— 

20 (1) DEFINITION OF RENEWABLE ENERGY RE21 SOURCES.—In this subsection, the term ‘‘renewable 

22 energy resources’’ includes energy derived from solar 

23 thermal, geothermal, biomass, wind, and photo24 voltaic resources. 


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1 (2) SURVEYS.—The Administrator shall annu2 ally collect and publish the results of a survey of 

3 electricity production from domestic renewable en4 ergy resources, including production in kilowatt 

5 hours, total installed capacity, capacity factor, and 

6 any other measures of production efficiency. 

7 (3) ENERGY RESOURCES.—The results of the 

8 survey shall distinguish between various renewable 

9 energy resources. 

10 (4) ADMINISTRATION.—In carrying out this 

11 subsection, the Administrator shall— 

12 (A) use, to the maximum extent prac13 ticable, reliable statistical sampling techniques; 

14 and 

15 (B) otherwise take into account the report16 ing burdens of energy information by small 

17 businesses. 

18 (k) SURVEY PROCEDURE.—Pursuant to section 52(a) 

19 of the Federal Energy Administration Act of 1974 (15 

20 U.S.C. 790a(a)), the Administrator shall— 

21 (1) conduct surveys of residential and commer22 cial energy use at least once every 3 years and make 

23 the results of the surveys available to the public; 

24 (2) when surveying electric utilities, collect in25 formation on demand-side management programs 


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1 conducted by the utilities, including information re2 garding— 

3 (A) the types of demand-side management 

4 programs being operated; 

5 (B) the quantity of measures installed; 

6 (C) expenditures on demand-side manage7 ment programs; and 

8 (D) estimates of energy savings resulting 

9 from the programs, including whether the sav10 ings estimates were verified; and 

11 (3) in carrying out this subsection, take into ac12 count reporting burdens and the protection of pro13 prietary information as required by law. 

14 (l) DATA COLLECTION.—In order to improve the abil15 ity to evaluate the effectiveness of the energy efficiency 

16 policies and programs of the United States, the Adminis17 trator shall, in collecting data under subsections (i) and 

18 (k), consider— 

19 (1) expanding the survey instruments to include 

20 questions regarding participation in Federal and 

21 utility conservation programs; 

22 (2) expanding fuel-use surveys in order to pro23 vide greater detail on energy use by user subgroups; 

24 and 


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1 (3) expanding the scope of data collection on 

2 energy efficiency and load-management programs, 

3 including the effects of building construction prac4 tices, such as practices designed to obtain peak load 

5 shifting. 

6 (m) RENEWABLE FUELS SURVEY.— 

7 (1) IN GENERAL.—To improve the ability to 

8 evaluate the effectiveness of the renewable fuels 

9 mandate of the United States, the Administrator 

10 shall conduct and publish the results of a survey of 

11 renewable fuels demand in the motor vehicle fuels 

12 market in the United States monthly. 

13 (2) CONFIDENTIALITY.—The Administrator 

14 shall conduct the survey in a manner designed to 

15 protect the confidentiality of individual responses. 

16 (3) INFORMATION.—In conducting the survey, 

17 the Administrator shall collect information both on 

18 a national and regional basis, including each of the 

19 following: 

20 (A) The quantity of renewable fuels pro21 duced. 

22 (B) The quantity of renewable fuels blend23 ed. 

24 (C) The quantity of renewable fuels im25 ported. 


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1 (D) The quantity of renewable fuels de2 manded. 

3 (E) Market price data. 

4 (F) Such other analyses or evaluations as 

5 the Administrator finds are necessary to achieve 

6 the purposes of this section. 

7 (4) PRIOR YEARS.—The Administrator shall 

8 collect or estimate information both on a national 

9 and regional basis, pursuant to subparagraphs (A) 

10 through (F) of paragraph (3), for the 5 years prior 

11 to implementation of this subsection. 

12 (5) NATIONAL ENERGY INFORMATION SYS13 TEM.—This subsection does not affect the authority 

14 of the Administrator to collect data under section 52 

15 of the Federal Energy Administration Act of 1974 

16 (15 U.S.C. 790a). 

17 SEC. 207. COMPTROLLER GENERAL FUNCTIONS. 

18 The functions of the Comptroller General of the 

19 United States under section 12 of the Federal Energy Ad20 ministration Act of 1974 (15 U.S.C. 771) shall apply with 

21 respect to the monitoring and evaluation of all functions 

22 and activities of the Department under this Act or any 

23 other Act administered by the Department. 


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1 SEC. 208. OFFICE OF SCIENCE. 

2 (a) IN GENERAL.—There shall be within the Depart3 ment an Office of Science to be headed by a Director, who 

4 shall be appointed by the President, by and with the advice 

5 and consent of the Senate. 

6 (b) DIRECTOR.—It shall be the duty and responsi7 bility of the Director— 

8 (1) to advise the Secretary with respect to the 

9 physical research programs of the Department; 

10 (2) to monitor the energy and environmental re11 search and development programs of the Secretary 

12 in order to advise the Secretary with respect to any 

13 undesirable duplication or gaps in the programs; 

14 (3) to advise the Secretary with respect to the 

15 well-being and management of the multipurpose lab16 oratories under the jurisdiction of the Department, 

17 excluding laboratories that constitute part of the nu18 clear weapons complex; 

19 (4) to advise the Secretary with respect to edu20 cation and training activities required for effective 

21 short- and long-term basic and applied research ac22 tivities of the Department; 

23 (5) to advise the Secretary with respect to 

24 grants and other forms of financial assistance re25 quired for effective short- and long-term basic and 

26 applied research activities of the Department; and 


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1 (6) to carry out such additional duties assigned 

2 to the Office by the Secretary. 

3 SEC. 209. ESTABLISHMENT OF POLICY FOR NATIONAL NU4 CLEAR SECURITY ADMINISTRATION. 

5 (a) IN GENERAL.—The Secretary shall be responsible 

6 for establishing policy for the National Nuclear Security 

7 Administration. 

8 (b) REVIEW OF PROGRAMS AND ACTIVITIES.—The 

9 Secretary may direct officials of the Department who are 

10 not within the National Nuclear Security Administra11 tion— 

12 (1) to review the programs and activities of the 

13 Administration; and 

14 (2) to make recommendations to the Secretary 

15 regarding administration of those programs and ac16 tivities, including consistency with other similar pro17 grams and activities of the Department. 

18 (c) STAFF.—The Secretary shall provide adequate 

19 staff to carry out this section. 

20 SEC. 210. ESTABLISHMENT OF SECURITY, COUNTERINTEL21 LIGENCE, AND INTELLIGENCE POLICIES. 

22 (a) IN GENERAL.—The Secretary shall be responsible 

23 for developing and promulgating the security, counter24 intelligence, and intelligence policies of the Department. 


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1 (b) STAFF.—The Secretary may use the immediate 

2 staff of the Secretary to assist in developing and promul3 gating those policies. 

4 (c) INTELLIGENCE EXECUTIVE COMMITTEE.— 

5 (1) IN GENERAL.—There is within the Depart6 ment an Intelligence Executive Committee. 

7 (2) COMPOSITION.—The Committee shall con8 sist of— 

9 (A) the Deputy Secretary of Energy and 

10 the Environment, who shall chair the Com11 mittee; and 

12 (B) each Under Secretary of the Depart13 ment. 

14 (3) STAFF.—The Committee shall be staffed by 

15 the Director of the Office of Intelligence and Coun16 terintelligence. 

17 (4) USE.—The Secretary shall use the Com18 mittee to assist in developing and promulgating the 

19 counterintelligence and intelligence policies, require20 ments, and priorities of the Department. 

21 (d) BUDGET REQUESTS.— 

22 (1) IN GENERAL.—In the budget justification 

23 materials submitted to Congress in support of each 

24 budget submitted by the President to Congress 

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1 quested for the Department for intelligence func2 tions and the amounts requested for the Department 

3 for counterintelligence functions shall each be speci4 fied in appropriately classified individual, dedicated 

5 program elements. 

6 (2) NATIONAL NUCLEAR SECURITY ADMINIS7 TRATION.—Within the amounts requested for coun8 terintelligence functions, the amounts requested for 

9 the National Nuclear Security Administration shall 

10 be specified separately from the amounts requested 

11 for other elements of the Department. 

12 SEC. 211. OFFICE OF INTELLIGENCE AND COUNTERINTEL13 LIGENCE. 

14 (a) IN GENERAL.—There is within the Department 

15 an Office of Intelligence and Counterintelligence. 

16 (b) DIRECTOR.— 

17 (1) IN GENERAL.—The head of the Office shall 

18 be the Director of the Office of Intelligence and 

19 Counterintelligence, who shall be an employee in— 

20 (A) the Senior Executive Service; 

21 (B) the Senior Intelligence Service; 

22 (C) the Senior National Intelligence Serv23 ice; or 


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1 (D) any other Service that the Secretary, 

2 in coordination with the Director of National 

3 Intelligence, considers appropriate. 

4 (2) REPORTING TO SECRETARY.—The Director 

5 of the Office shall report directly to the Secretary. 

6 (3) QUALIFICATIONS.—The Secretary shall se7 lect the Director of the Office from among individ8 uals who have substantial expertise in matters relat9 ing to foreign intelligence and counterintelligence. 

10 (4) DETAILS.— 

11 (A) IN GENERAL.—The Director of the 

12 Federal Bureau of Investigation may detail, on 

13 a reimbursable basis, any employee of the Bu14 reau to the Department for service as Director 

15 of the Office. 

16 (B) BENEFITS.—The service of an em17 ployee of the Bureau as Director of the Office 

18 shall not result in any loss of status, right, or 

19 privilege by the employee within the Bureau. 

20 (c) DUTIES.—The Director of the Office shall— 

21 (1) establish policy for intelligence and counter22 intelligence programs and activities at Department 

23 facilities in order to reduce the threat of disclosure 

24 or loss of classified and other sensitive information 

25 at the facilities; 


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1 (2) establish policy for the personnel assurance 

2 programs of the Department; 

3 (3) inform the Secretary, the Director of Cen4 tral Intelligence, and the Director of the Federal 

5 Bureau of Investigation on a regular basis, and on 

6 specific request by any such official, regarding the 

7 status and effectiveness of the intelligence and coun8 terintelligence programs and activities at Depart9 ment facilities; and 

10 (4) perform such duties and exercise such pow11 ers as the Secretary may prescribe. 

12 (d) REPORTS.— 

13 (1) IN GENERAL.—Not later than March 1 each 

14 year, the Director of the Office shall submit a report 

15 on the status and effectiveness of the intelligence 

16 and counterintelligence programs and activities at 

17 each Department facility during the preceding year. 

18 (2) RECIPIENTS.—Each such report shall be 

19 submitted to the following: 

20 (A) The Secretary. 

21 (B) The Director of National Intelligence. 

22 (C) The Director of the Federal Bureau of 

23 Investigation. 


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1 (D) The Committee on Armed Services 

2 and the Permanent Select Committee on Intel3 ligence of the House of Representatives. 

4 (E) The Committee on Armed Services and 

5 the Select Committee on Intelligence of the 

6 Senate. 

7 (3) CONTENTS.—Each such report shall include 

8 for the year covered by the report the following: 

9 (A) A description of the status and effec10 tiveness of the intelligence and counterintel11 ligence programs and activities at Department 

12 facilities. 

13 (B) A description of any violation of law or 

14 other requirement relating to intelligence, coun15 terintelligence, or security at such facilities, in16 cluding— 

17 (i) the number of violations that were 

18 investigated; and 

19 (ii) the number of violations that re20 main unresolved. 

21 (C) A description of the number of foreign 

22 visitors to Department facilities, including the 

23 locations of the visits of the visitors. 

24 (D) The adequacy of the procedures and 

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1 tional security information, making such rec2 ommendations to Congress as may be appro3 priate. 

4 (E) A determination of whether each Na5 tional Laboratory is in full compliance with all 

6 departmental security requirements and, in the 

7 case of any such National Laboratory that is 

8 not in full compliance, what measures are being 

9 taken to bring the National Laboratory into 

10 compliance. 

11 (4) CERTIFICATION BY NATIONAL LABORA12 TORIES.—Not later than 30 days before the date 

13 that the report required by paragraph (1) is sub14 mitted, the director of each National Laboratory 

15 shall certify in writing to the Director of the Office 

16 whether the National Laboratory is in full compli17 ance with all departmental security requirements 

18 and, if not, what measures are being taken to bring 

19 that laboratory into compliance and a schedule for 

20 implementing those measures. 

21 (5) FORM.—Each report under this subsection 

22 as submitted to the committees referred to in sub23 paragraphs (D) and (E) of paragraph (2) shall be 

24 submitted in unclassified form, but may include a 

25 classified annex. 


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1 SEC. 212. OFFICE OF INDIAN ENERGY POLICY AND PRO2 GRAMS. 

3 (a) IN GENERAL.—There is established within the 

4 Department an Office of Indian Energy Policy and Pro5 grams (referred to in this section as the ‘‘Office’’). 

6 (b) DIRECTOR.—The Office shall be headed by a Di7 rector, who shall be appointed by the Secretary. 

8 (c) DUTIES.—The Director, in accordance with Fed9 eral policies promoting Indian self-determination and the 

10 purposes of this Act, shall provide, direct, foster, coordi11 nate, and implement energy and environmental planning, 

12 education, management, conservation, and delivery pro13 grams of the Department that— 

14 (1) promote Indian tribal energy development, 

15 efficiency, and use; 

16 (2) reduce or stabilize energy costs; 

17 (3) enhance and strengthen Indian tribal energy 

18 and economic infrastructure relating to natural re19 source development and electrification; and 

20 (4) bring electrical power and service to Indian 

21 land and the homes of tribal members located on In22 dian land or acquired, constructed, or improved (in 

23 whole or in part) with Federal funds. 


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1 TITLE III—TRANSFER OF 

2 FUNCTIONS 

3 SEC. 301. TRANSFER OF FUNCTIONS. 

4 Except as otherwise provided in this Act, there are 

5 transferred to, and vested in, the Secretary all of the func6 tions provided by law (as of the date of enactment of this 

7 Act) to— 

8 (1) the Secretary of Energy; 

9 (2) the Administrator of the Environmental 

10 Protection Agency; and 

11 (3) the officers and components of the Depart12 ment of Energy and the Environmental Protection 

13 Agency. 

14 SEC. 302. POWER ADMINISTRATIONS. 

15 (a) IN GENERAL.—There are transferred to, and 

16 vested in, the Secretary all functions of the Secretary of 

17 Energy with respect to— 

18 (1) the Southeastern Power Administration; 

19 (2) the Southwestern Power Administration; 

20 (3) the Bonneville Power Administration, in21 cluding the authority contained in the Bonneville 

22 Project Act of 1937 (16 U.S.C. 832 et seq.) and the 

23 Federal Columbia River Transmission System Act 

24 (16 U.S.C. 838 et seq.); 


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1 (4) the power marketing functions of the Bu2 reau of Reclamation, including the construction, op3 eration, and maintenance of transmission lines and 

4 attendant facilities; and 

5 (5) the transmission and disposition of the elec6 tric power and energy generated at Falcon Dam and 

7 Amistad Dam, international storage reservoir 

8 projects on the Rio Grande, pursuant to the Act of 

9 June 18, 1954 (68 Stat. 255, chapter 310). 

10 (b) ADMINISTRATION.— 

11 (1) IN GENERAL.—The Southeastern Power 

12 Administration, the Southwestern Power Adminis13 tration, and the Bonneville Power Administration, 

14 shall be preserved as separate and distinct organiza15 tional entities within the Department. 

16 (2) ADMINISTRATOR.—Each entity shall be 

17 headed by an Administrator appointed by the Sec18 retary. 

19 (3) FUNCTIONS.—The functions transferred to 

20 the Secretary in paragraphs (1) through (4) of sub21 section (a) shall be exercised by the Secretary, act22 ing by and through the Administrators. 

23 (4) OFFICE.—Each Administrator shall main24 tain the principal office of the Administrator at a 


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1 place located in the region served by the respective 

2 Federal power marketing entity. 

3 (c) DAMS.— 

4 (1) IN GENERAL.—The functions transferred 

5 under subsection (a)(5) shall be exercised by the 

6 Secretary, acting by and through a separate and dis7 tinct Administration within the Department which 

8 shall be headed by an Administrator appointed by 

9 the Secretary. 

10 (2) REGIONAL OFFICES.—The Administrator 

11 shall establish and maintain such regional offices as 

12 necessary to facilitate the performance of the func13 tions. 

14 (3) REALLOCATION OF COSTS.—Neither the 

15 transfer of functions effected by subsection (a)(5) 

16 nor any changes in cost allocation or project evalua17 tion standards shall be considered to authorize the 

18 reallocation of joint costs of multipurpose facilities 

19 allocated unless and to the extent that the change is 

20 approved by Congress. 


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1 TITLE IV—FEDERAL ENERGY 

2 REGULATORY COMMISSION 

3 SEC. 401. APPOINTMENT AND ADMINISTRATION. 

4 (a) IN GENERAL.—There is established within the 

5 Department an independent regulatory commission to be 

6 known as the Federal Energy Regulatory Commission. 

7 (b) COMPOSITION.— 

8 (1) IN GENERAL.—The Commission shall be 

9 composed of 5 members appointed by the President, 

10 by and with the advice and consent of the Senate. 

11 (2) CHAIR.—Of the members of the Commis12 sion, 1 member shall be designated by the President 

13 as Chair. 

14 (3) TERM.—Subject to section 401(b)(2) of the 

15 Department of Energy Organization Act (42 U.S.C. 

16 7171(b)(2)) (as that Act existed before the amend17 ment made by section 712), a member of the Com18 mission— 

19 (A) shall hold office for a term of 5 years; 

20 and 

21 (B) may be removed by the President only 

22 for inefficiency, neglect of duty, or malfeasance 

23 in office. 


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1 (4) POLITICAL PARTIES.—Not more than 3 

2 members of the Commission shall be members of the 

3 same political party. 

4 (5) VACANCIES.— 

5 (A) IN GENERAL.—Any Commissioner ap6 pointed to fill a vacancy occurring prior to the 

7 expiration of the term for which the predecessor 

8 of the Commissioner was appointed shall be ap9 pointed only for the remainder of the term. 

10 (B) EXPIRATION OF TERM.—A Commis11 sioner may continue to serve after the expira12 tion of the term of the Commissioner until the 

13 successor of the Commissioner is appointed and 

14 has been confirmed and taken the oath of Of15 fice, except that the Commissioner shall not 

16 serve beyond the end of the session of the Con17 gress in which the term expires. 

18 (6) OTHER BUSINESS OR EMPLOYMENT.—A 

19 member of the Commission shall not engage in any 

20 other business, vocation, or employment while serv21 ing on the Commission. 

22 (c) DUTIES.— 

23 (1) IN GENERAL.—The Chair shall be respon24 sible, on behalf of the Commission, for the executive 

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1 cluding functions of the Commission with respect 

2 to— 

3 (A) the appointment and employment of 

4 hearing examiners in accordance with title 5, 

5 United States Code; 

6 (B) the selection, appointment, and fixing 

7 of the compensation of such personnel as the 

8 Chair considers necessary, including an execu9 tive director; 

10 (C) the supervision of personnel employed 

11 by or assigned to the Commission, except that 

12 each member of the Commission may select and 

13 supervise personnel for the personal staff of the 

14 member; 

15 (D) the distribution of business among 

16 personnel and among administrative units of 

17 the Commission; and 

18 (E) the procurement of services of experts 

19 and consultants in accordance with section 

20 3109 of title 5, United States Code. 

21 (2) SUPPORT AND FACILITIES.—The Secretary 

22 shall provide to the Commission such support and 

23 facilities as the Commission determines necessary to 

24 carry out the functions of the Commission. 


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1 (d) RELATIONSHIP TO DEPARTMENT.—In the per2 formance of functions of the Commission, the members, 

3 employees, or other personnel of the Commission shall not 

4 be responsible to, or subject to the supervision or direction 

5 of, any officer, employee, or agent of any other part of 

6 the Department. 

7 (e) ADMINISTRATION.— 

8 (1) ACTING CHAIR.—The Chair of the Commis9 sion may designate any other member of the Com10 mission as Acting Chair to act in the place of the 

11 Chair during the absence of the Chair. 

12 (2) MEETINGS.— 

13 (A) IN GENERAL.—The Chair (or the Act14 ing Chair in the absence of the Chair) shall pre15 side at all sessions of the Commission. 

16 (B) QUORUM.—A quorum for the trans17 action of business of the Commission shall con18 sist of at least 3 members present. 

19 (C) SINGLE VOTE.—Each member of the 

20 Commission, including the Chair, shall have 1 

21 vote. 

22 (D) MAJORITY VOTE.—Actions of the 

23 Commission shall be determined by a majority 

24 vote of the members present. 


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1 (3) SEAL.—The Commission shall have an offi2 cial seal which shall be judicially noticed. 

3 (f) PROCEDURAL AND ADMINISTRATIVE RULES.— 

4 (1) IN GENERAL.—The Commission may estab5 lish such procedural and administrative rules as are 

6 necessary to the exercise of the functions of the 

7 Commission. 

8 (2) CONTINUATION.—Until changed by the 

9 Commission, any procedural and administrative 

10 rules applicable to particular functions over which 

11 the Commission has jurisdiction shall continue in ef12 fect with respect to the particular functions. 

13 (g) HEARINGS AND SUBPOENA.— 

14 (1) IN GENERAL.—In carrying out any of the 

15 functions of the Commission, the Commission shall 

16 have the powers authorized by the law under which 

17 the function is exercised— 

18 (A) to hold hearings; 

19 (B) to sign and issue subpoenas; 

20 (C) to administer oaths; 

21 (D) to examine witnesses; and 

22 (E) to receive evidence at any place in the 

23 United States the Commission may designate. 

24 (2) HEARINGS.—The Commission may, by one 

25 or more of the members of the Commission or by 


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1 such agents as the Commission may designate, con2 duct any hearing or other inquiry appropriate to the 

3 functions of the Commission, except that nothing in 

4 this subsection supersedes the provisions of section 

5 556 of title 5, United States Code, relating to hear6 ing examiners. 

7 (h) PRINCIPAL OFFICE.—The principal office of the 

8 Commission shall be in or near the District of Columbia, 

9 where the general sessions of the Commission shall be 

10 held, except that the Commission may sit anywhere in the 

11 United States. 

12 (i) AGENCY.— 

13 (1) IN GENERAL.—For the purpose of section 

14 552b of title 5, United States Code, the Commission 

15 shall be considered an agency. 

16 (2) ATTORNEY FOR COMMISSION.—Except as 

17 provided in section 518 of title 28, United States 

18 Code, attorneys designated by the Chair of the Com19 mission may appear for, and represent the Commis20 sion in, any civil action brought in connection with 

21 any function carried out by the Commission pursu22 ant to this Act or as otherwise authorized by law. 

23 (j) ANNUAL AUTHORIZATION AND APPROPRIATION

24 REQUEST.— 


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1 (1) IN GENERAL.—In each annual authorization 

2 and appropriation request under this Act, the Sec3 retary shall— 

4 (A) identify the portion of the request in5 tended for the support of the Commission; and 

6 (B) include— 

7 (i) a statement by the Commission of 

8 the amount requested by the Commission 

9 in the budgetary presentation of the Com10 mission to the Secretary and the Office of 

11 Management and Budget; and 

12 (ii) an assessment of the budgetary 

13 needs of the Commission. 

14 (2) COPY TO COMMITTEES.—If the Commission 

15 submits to the Secretary, the President, or the Of16 fice of Management and Budget, any legislative rec17 ommendation or testimony, or comments on legisla18 tion, prepared for submission to Congress, the Com19 mission shall concurrently transmit a copy to the ap20 propriate committees of Congress. 

21 SEC. 402. JURISDICTION OF COMMISSION. 

22 (a) FUNCTIONS.— 

23 (1) IN GENERAL.—There are transferred to, 

24 and vested in, the Commission the following func25 tions of the Federal Power Commission or of any 


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1 member of the Commission or any officer or compo2 nent of the Commission: 

3 (A) The investigation, issuance, transfer, 

4 renewal, revocation, and enforcement of licenses 

5 and permits for the construction, operation, and 

6 maintenance of dams, water conduits, res7 ervoirs, powerhouses, transmission lines, or 

8 other works for the development and improve9 ment of navigation and for the development and 

10 utilization of power across, along, from, or in 

11 navigable waters under part I of the Federal 

12 Power Act (16 U.S.C. 791a et seq.). 

13 (B) The establishment, review, and en14 forcement of rates and charges for the trans15 mission or sale of electric energy, including de16 terminations on— 

17 (i) construction work in progress 

18 under part II of the Federal Power Act 

19 (16 U.S.C. 824 et seq.); and 

20 (ii) the interconnection under section 

21 202(b) of that Act (16 U.S.C. 824a(b)) of 

22 facilities for the generation, transmission, 

23 and sale of electric energy (other than 

24 emergency interconnection). 


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1 (C) The establishment, review, and en2 forcement of rates and charges for the trans3 portation and sale of natural gas by a producer 

4 or gatherer or by a natural gas pipeline or nat5 ural gas company under sections 1, 4, 5, and 6 

6 of the Natural Gas Act (15 U.S.C. 717, 717c, 

7 717d, 717e). 

8 (D) The issuance of a certificate of public 

9 convenience and necessity, including abandon10 ment of facilities or services, and the establish11 ment of physical connections under section 7 of 

12 the Natural Gas Act (15 U.S.C. 717f). 

13 (E) The establishment, review, and en14 forcement of curtailments, other than the estab15 lishment and review of priorities for the curtail16 ments, under the Natural Gas Act (15 U.S.C. 

17 717 et seq.). 

18 (F) The regulation of mergers and securi19 ties acquisition under the Federal Power Act 

20 (16 U.S.C. 791a et seq.) and the Natural Gas 

21 Act (15 U.S.C. 717 et seq.). 

22 (2) ADDITIONAL POWERS.—The Commission 

23 may exercise any power under the following sections 

24 to the extent the Commission determines the power 


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1 to be necessary to the exercise of any function with2 in the jurisdiction of the Commission: 

3 (A) Sections 4, 301, 302, 306 through 

4 309, and 312 through 316 of the Federal 

5 Power Act (16 U.S.C. 797, 825, 825a, 825e– 

6 825h, 825k–825o). 

7 (B) Sections 8, 9, 13 through 17, 20, and 

8 21 of the Natural Gas Act (15 U.S.C. 717g, 

9 717h, 717l–717p, 717s, 717t). 

10 (b) AGENCY DETERMINATIONS.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the Commission shall have jurisdiction to 

13 hear and determine any other matter arising under 

14 any other function of the Secretary— 

15 (A) involving any agency determination re16 quired by law to be made on the record after 

17 an opportunity for an agency hearing; or 

18 (B) involving any other agency determina19 tion that the Secretary determines shall be 

20 made on the record after an opportunity for an 

21 agency hearing. 

22 (2) CERTAIN LEASE BIDDING ARRANGE23 MENTS.—Nothing in this subsection requires that 

24 functions under section 105 of the Energy Policy 

25 and Conservation Act (42 U.S.C. 6213) shall be 


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1 within the jurisdiction of the Commission unless the 

2 Secretary assigns the function to the Commission. 

3 (c) OTHER MATTERS.—In addition to the other pro4 visions of this section, the Commission shall have jurisdic5 tion over any other matter that the Secretary may assign 

6 to the Commission after public notice, or that is required 

7 to be referred to the Commission pursuant to section 404. 

8 (d) LIMITATION.—No function described in this sec9 tion that regulates the exports or imports of natural gas 

10 or electricity shall be within the jurisdiction of the Com11 mission unless the Secretary assigns the function to the 

12 Commission. 

13 (e) FINAL AGENCY ACTION.—The decision of the 

14 Commission involving any function within the jurisdiction 

15 of the Commission, other than action by the Commission 

16 on a matter referred to the Commission pursuant to sec17 tion 404— 

18 (1) shall be final agency action (within the 

19 meaning of section 704 of title 5, United States 

20 Code); and 

21 (2) shall not be subject to further review by the 

22 Secretary or any officer or employee of the Depart23 ment. 

24 (f) REGULATIONS.—The Commission may prescribe 

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1 plicability with respect to any function under the jurisdic2 tion of the Commission pursuant to this section. 

3 SEC. 403. INITIATION OF RULEMAKING PROCEEDINGS BE4 FORE COMMISSION. 

5 (a) IN GENERAL.—The Secretary and the Commis6 sion may propose rules, regulations, and statements of pol7 icy of general applicability with respect to any function 

8 within the jurisdiction of the Commission under section 

9 402. 

10 (b) PROPOSALS OF SECRETARY.—The Commission 

11 shall— 

12 (1) have exclusive jurisdiction with respect to 

13 any proposal made under subsection (a); and 

14 (2) consider and take final action on any pro15 posal made by the Secretary under subsection (a) in 

16 an expeditious manner in accordance with such rea17 sonable time limits as may be established by the 

18 Secretary for the completion of action by the Com19 mission on any such proposal. 

20 (c) RATES AND CHARGERS.— 

21 (1) IN GENERAL.—Any function described in 

22 section 402 that relates to the establishment of rates 

23 and charges under the Federal Power Act (16 

24 U.S.C. 791a et seq.) or the Natural Gas Act (15 


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1 U.S.C. 717 et seq.), may be conducted by rule2 making procedures. 

3 (2) PROCEDURES.—Except as provided in sub4 section (d), the procedures in such a rulemaking 

5 proceeding shall ensure full consideration of the 

6 issues and an opportunity for interested persons to 

7 present views. 

8 (d) SUBMISSION OF WRITTEN QUESTIONS BY INTER9 ESTED PERSONS.— 

10 (1) IN GENERAL.—In the case of any rule or 

11 regulation promulgated by the Commission to estab12 lish rates and charges for the first sale of natural 

13 gas by a producer or gatherer to a natural gas pipe14 line under the Natural Gas Act (15 U.S.C. 717 et 

15 seq.), the Commission may afford an interested per16 son a reasonable opportunity to submit written ques17 tions with respect to disputed issues of fact to other 

18 interested persons participating in the rulemaking 

19 proceedings. 

20 (2) TIME.—The Commission may establish a 

21 reasonable time for both the submission of questions 

22 and responses. 


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1 SEC. 404. REFERRAL OF OTHER RULEMAKING PRO2 CEEDINGS TO COMMISSION. 

3 (a) IN GENERAL.—Except as provided in section 403, 

4 if the Secretary proposes to prescribe rules, regulations, 

5 and statements of policy of general applicability in the ex6 ercise of any function that is transferred to the Secretary 

7 under section 301 or 306 of the Department of Energy 

8 Organization Act (42 U.S.C. 7151, 7155) (as that Act ex9 isted before the amendment made by section 712), the 

10 Secretary shall notify the Commission of the proposed ac11 tion. 

12 (b) REFERRAL TO COMMISSION.—If the Commission 

13 determines within such period as the Secretary may pre14 scribe that the proposed action may significantly affect 

15 any function within the jurisdiction of the Commission 

16 pursuant to subsections (a)(1), (b), and (c) of section 402 

17 and section 60502 of title 49, United States Code, the 

18 Secretary shall immediately refer the matter to the Com19 mission, which shall provide an opportunity for public 

20 comment. 

21 (c) RECOMMENDATIONS OF COMMISSION.— 

22 (1) IN GENERAL.—Following the opportunity 

23 for public comment, the Commission, after consulta24 tion with the Secretary, shall— 

25 (A) concur in adoption of the rule or state26 ment as proposed by the Secretary; 


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1 (B) concur in adoption of the rule or state2 ment only with such changes as the Commis3 sion may recommend; or 

4 (C) recommend that the rule or statement 

5 not be adopted. 

6 (2) PUBLICATION.—The Commission shall 

7 promptly publish— 

8 (A) the recommendations of the Commis9 sion adopted under this subsection; 

10 (B) an explanation of the reason for the 

11 actions of the Commission; and 

12 (C) an analysis of the major comments, 

13 criticisms, and alternatives offered during the 

14 comment period. 

15 (d) OPTIONS OF SECRETARY.— 

16 (1) IN GENERAL.—Following publication of the 

17 recommendations of the Commission, the Secretary 

18 shall have the option of— 

19 (A) issuing a final rule or statement in the 

20 form initially proposed by the Secretary if the 

21 Commission has concurred in the rule pursuant 

22 to subsection (c)(1)(A); 

23 (B) issuing a final rule or statement in 

24 amended form so that the rule conforms in all 

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1 mission if the Commission has concurred in the 

2 rule or statement pursuant to subsection 

3 (c)(1)(B); or 

4 (C) ordering that the rule shall not be 

5 issued. 

6 (2) FINAL AGENCY ACTION.—The action taken 

7 by the Secretary pursuant to this subsection shall 

8 constitute a final agency action for purposes of sec9 tion 704 of title 5, United States Code. 

10 SEC. 405. RIGHT OF SECRETARY TO INTERVENE IN COM11 MISSION PROCEEDINGS. 

12 (a) IN GENERAL.—The Secretary may, as a matter 

13 of right, intervene or otherwise participate in any pro14 ceeding before the Commission. 

15 (b) PROCEDURE.—The Secretary shall comply with— 

16 (1) rules of procedure of general applicability 

17 governing the timing of intervention or participation 

18 in the proceeding or activity; and 

19 (2) on intervening or participating in the pro20 ceeding or activity, rules of procedure of general ap21 plicability governing the conduct of the proceeding 

22 or activity. 

23 (c) FAIRNESS.—The intervention or participation of 

24 the Secretary in any proceeding or activity shall not affect 


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1 the obligation of the Commission to ensure procedural 

2 fairness to all participants. 

3 SEC. 406. REORGANIZATION. 

4 For the purposes of chapter 9 of title 5, United 

5 States Code, the Commission shall be considered an inde6 pendent regulatory agency. 

7 SEC. 407. ACCESS TO INFORMATION. 

8 (a) IN GENERAL.—The Secretary, each officer of the 

9 Department, and each Federal agency shall provide to the 

10 Commission, on request, such existing information in the 

11 possession of the Department or other Federal agency as 

12 the Commission determines necessary to carry out the re13 sponsibilities of the Commission under this Act. 

14 (b) CERTAIN INFORMATION.—In formulating the in15 formation to be requested in the reports or investigations 

16 under sections 304 and 311 of the Federal Power Act (16 

17 U.S.C. 825c, 825j) and sections 10 and 11 of the Natural 

18 Gas Act (15 U.S.C. 717i, 717j), the Secretary shall— 

19 (1) include in the reports and investigations 

20 such specific information as requested by the Com21 mission; and 

22 (2) furnish copies of all reports, information, 

23 results of investigations and data under those sec24 tions to the Commission. 


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1 TITLE V—ADMINISTRATIVE PRO2 CEDURES AND JUDICIAL RE3 VIEW 

4 SEC. 501. PROCEDURES. 

5 (a) ADMINISTRATIVE PROCEDURES.— 

6 (1) IN GENERAL.—Subject to the other require7 ments of this title, subchapter II of chapter 5 of title 

8 5, United States Code, shall apply in accordance 

9 with the terms of that subchapter to any rule or reg10 ulation, or any order having the applicability and ef11 fect of a rule (as that term is defined in section 551 

12 of title 5, United States Code), issued pursuant to 

13 authority vested by law in, or transferred or dele14 gated to, the Secretary, or required by this Act or 

15 any other Act to be carried out by any other officer, 

16 employee, or component of the Department, other 

17 than the Commission, including any such rule, regu18 lation, or order of a State or local government agen19 cy (or officer of a State or local government agency) 

20 issued pursuant to authority delegated by the Sec21 retary in accordance with this title. 

22 (2) ADDITIONAL REQUIREMENTS.—If any pro23 vision of any Act, the functions of which are trans24 ferred, vested, or delegated pursuant to this Act, 

25 provides administrative procedure requirements in 


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1 addition to the requirements provided in this title, 

2 those additional requirements shall also apply to ac3 tions under that provision. 

4 (b) SUBSTANTIAL IMPACT ON THE ECONOMY OF THE

5 UNITED STATES.— 

6 (1) NO SUBSTANTIAL IMPACT.—If the Sec7 retary determines, on the initiative of the Secretary 

8 or in response to any showing made pursuant to 

9 paragraph (2) (with respect to a proposed rule, reg10 ulation, or order described in subsection (a)), that 

11 no substantial issue of fact or law exists and that 

12 the rule, regulation, or order is unlikely to have a 

13 substantial impact on the economy of the United 

14 States or large numbers of individuals or businesses 

15 in the United States, the proposed rule, regulation, 

16 or order may be promulgated in accordance with sec17 tion 553 of title 5, United States Code. 

18 (2) SUBSTANTIAL IMPACT.—If the Secretary 

19 determines that a substantial issue of fact or law ex20 ists or that the rule, regulation, or order is likely to 

21 have a substantial impact on the economy of the 

22 United States or large numbers of individuals or 

23 businesses in the United States, an opportunity for 

24 oral presentation of views, data, and arguments shall 

25 be provided before promulgation. 


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1 (3) SUBMISSION OF MATERIAL.—Any person 

2 who would be adversely affected by the implementa3 tion of any proposed rule, regulation, or order and 

4 who desires an opportunity for oral presentation of 

5 views, data, and arguments, may submit material 

6 supporting the existence of a substantial issue or im7 pact described in paragraph (2). 

8 (4) TRANSCRIPT.—A transcript shall be kept of 

9 any oral presentation described in paragraph (2) 

10 with respect to a rule, regulation, or order described 

11 in subsection (a). 

12 (c) WAIVER.— 

13 (1) IN GENERAL.—The requirements of sub14 section (b) may be waived in any case in which— 

15 (A) strict compliance with that subsection 

16 is found by the Secretary to be likely to cause 

17 serious harm or injury to the public health, 

18 safety, or welfare; and 

19 (B) the finding of the Secretary described 

20 in subparagraph (A) is set out in detail in the 

21 rule, regulation, or order. 

22 (2) SUBSEQUENT SATISFACTION.—If the re23 quirements of subsection (b) are waived under para24 graph (1), the requirements of that subsection shall 

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1 quent to the promulgation of the rule, regulation, or 

2 order. 

3 (d) RULES WITH LOCAL EFFECT.— 

4 (1) DEFINITIONS.—In this subsection: 

5 (A) GEOGRAPHIC AREA WITHIN A

6 STATE.—The term ‘‘geographic area within a 

7 State’’ means a special purpose district or other 

8 region that is recognized for governmental pur9 poses within the State but is not a unit of local 

10 government. 

11 (B) RULE WITH LOCAL EFFECT.—The 

12 term ‘‘rule with local effect’’ means a rule, reg13 ulation, or order described in subsection (a), the 

14 effects of which, except for indirect effects of an 

15 inconsequential nature, are confined to— 

16 (i) a single unit of local government 

17 or the residents of a single unit of local 

18 government; 

19 (ii) a single geographic area within a 

20 State or the residents of a single geo21 graphic area within a State; or 

22 (iii) a single State or the residents of 

23 a single State. 

24 (C) UNIT OF LOCAL GOVERNMENT.—The 

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1 ty, municipality, town, township, village, or 

2 other unit of general government below the 

3 State level. 

4 (2) OPPORTUNITY FOR HEARING.—With re5 spect to any rule with local effect, the Secretary 

6 shall, if appropriate, afford an opportunity for a 

7 hearing or the oral presentation of views, and pro8 vide procedures for the holding of the hearing or 

9 oral presentation within the boundaries of the appli10 cable unit of local government, geographic area, or 

11 State. 

12 (3) RELATIONSHIP TO OTHER LAW.—Nothing 

13 in this subsection requires a hearing or an oral pres14 entation of views where none is required by this sec15 tion or other provision of law. 

16 (e) PROCEDURES FOR STATE AND LOCAL GOVERN17 MENT AGENCIES.— 

18 (1) IN GENERAL.—As authorized by any law 

19 vested, transferred, or delegated pursuant to this 

20 Act, the Secretary may, by rule, prescribe proce21 dures for State or local government agencies author22 ized by the Secretary to carry out such functions as 

23 may be permitted under applicable law. 

24 (2) REQUIREMENTS.—Procedures prescribed 

25 under paragraph (1) shall— 


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1 (A) apply to the State or local government 

2 agencies in lieu of this section; and 

3 (B) require that prior to taking any action, 

4 the agencies shall— 

5 (i) take steps reasonably calculated to 

6 provide notice to persons who may be af7 fected by the action; and 

8 (ii) afford an opportunity for presen9 tation of views (including oral presentation 

10 of views where practicable) within a rea11 sonable time before taking the action. 

12 SEC. 502. JUDICIAL REVIEW. 

13 (a) IN GENERAL.—Judicial review of agency action 

14 taken under any law the functions of which are vested by 

15 law in, or transferred or delegated to the Secretary, the 

16 Commission, or any officer, employee, or component of the 

17 Department shall, notwithstanding the vesting, transfer, 

18 or delegation, be made in the manner specified in or for 

19 such law. 

20 (b) ORIGINAL JURISDICTION.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2) and notwithstanding the amount in con23 troversy, the district courts of the United States 

24 shall have exclusive original jurisdiction of all other 

25 cases or controversies arising exclusively under this 


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1 Act, or under rules, regulations, or orders issued ex2 clusively under this Act, other than any actions 

3 taken to implement or enforce any rule, regulation, 

4 or order by any officer of a State or local govern5 ment agency under this Act as described in para6 graph (4). 

7 (2) ISSUE RAISED IN DEFENSE.—Nothing in 

8 this section affects the power of any court of com9 petent jurisdiction to consider, hear, and determine 

10 in any proceeding before the court any issue raised 

11 by way of defense, other than a defense based on the 

12 unconstitutionality of this Act or the validity of ac13 tion taken by any agency under this Act as described 

14 in paragraph (3). 

15 (3) REMOVAL.—If in any proceeding an issue 

16 by way of defense is raised based on the unconsti17 tutionality of this Act or the validity of agency ac18 tion under this Act, the case shall be subject to re19 moval by either party to a district court of the 

20 United States in accordance with chapter 89 of title 

21 28, United States Code. 

22 (4) STATE OR LOCAL GOVERNMENT AGENCY.— 

23 Cases or controversies arising under any rule, regu24 lation, or order of any officer of a State or local gov25 ernment agency may be heard in— 


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1 (A) any appropriate State court; or 

2 (B) without regard to the amount in con3 troversy, the district courts of the United 

4 States. 

5 (c) DEPARTMENT LITIGATION.— 

6 (1) IN GENERAL.—Subject to section 401(i) 

7 and notwithstanding any other law, the litigation of 

8 the Department shall be subject to the supervision 

9 of the Attorney General pursuant to chapter 31 of 

10 title 28, United States Code. 

11 (2) DELEGATION.—The Attorney General may 

12 authorize any attorney of the Department to conduct 

13 any civil litigation of the Department in any Federal 

14 court except the Supreme Court. 

15 SEC. 503. REMEDIAL ORDERS. 

16 (a) IN GENERAL.—If, upon investigation, the Sec17 retary or the authorized representative of the Secretary, 

18 believes that a person has violated any regulation, rule, 

19 or order described in section 501(a), the Secretary may 

20 issue a remedial order to the person. 

21 (b) REQUIREMENTS.—Each remedial order shall be 

22 in writing and shall describe with particularity the nature 

23 of the violation, including a reference to the provision of 

24 the rule, regulation, or order alleged to have been violated. 


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1 (c) FAILURE TO RESPOND.—If, not later than 30 

2 days after the date of receipt of a remedial order issued 

3 by the Secretary, the person fails to notify the Secretary 

4 that the person intends to contest the remedial order, the 

5 remedial order shall become effective and shall be consid6 ered a final order of the Secretary and not subject to re7 view by any court or agency. 

8 (d) CONTESTING OF ORDER.— 

9 (1) IN GENERAL.—If, not later than 30 days 

10 after the date of receipt of the remedial order issued 

11 by the Secretary, the person notifies the Secretary 

12 that the person intends to contest a remedial order 

13 issued under subsection (a), the Secretary shall im14 mediately advise the Commission of the notification. 

15 (2) STAY OF EFFECT.—Upon receiving notice 

16 under paragraph (1), the Commission shall stay the 

17 effect of the remedial order, unless the Commission 

18 finds the public interest requires immediate compli19 ance with the remedial order. 

20 (3) OPPORTUNITY FOR A HEARING.—The Com21 mission shall, upon request, afford an opportunity 

22 for a hearing, including, at a minimum, the submis23 sion of briefs, oral or documentary evidence, and 

24 oral arguments. 


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1 (4) CROSS EXAMINATION.—To the extent that 

2 the Commission, in the discretion of the Commis3 sion, determines that cross examination is required 

4 for a full and true disclosure of the facts, the Com5 mission shall afford the right of cross examination. 

6 (5) ORDER BY COMMISSION.— 

7 (A) IN GENERAL.—After a hearing, if any, 

8 under this subsection, the Commission shall 

9 issue an order, based on findings of fact, af10 firming, modifying, or vacating the remedial 

11 order of the Secretary, or directing other appro12 priate relief. 

13 (B) EFFECT OF ORDER.—Subject to sub14 paragraph (C), an order issued under subpara15 graph (A) shall, for the purpose of judicial re16 view, constitute a final agency action. 

17 (C) ENFORCEMENT.—Enforcement and 

18 other judicial review of an action described in 

19 subparagraph (B) shall be the responsibility of 

20 the Secretary. 

21 (e) TIME LIMITS.—The Secretary may set reasonable 

22 time limits for the Commission to complete action on a 

23 proceeding referred to the Commission pursuant to this 

24 section. 


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1 (f) PROCEDURAL ACTIONS.—Nothing in this section 

2 affects any procedural action taken by the Secretary prior 

3 to or incident to initial issuance of a remedial order that 

4 is the subject of a hearing provided in this section, but 

5 such procedures shall be reviewable in the hearing. 

6 (g) NOTICE REQUIREMENT.—This section shall be 

7 applicable only with respect to proceedings initiated by a 

8 notice of probable violation issued after the effective date 

9 of this Act. 

10 (h) MARKETING OF PETROLEUM PRODUCTS.—With 

11 respect to any person whose sole petroleum industry oper12 ation relates to the marketing of petroleum products, the 

13 Secretary or any person acting on behalf of the Secretary 

14 may not exercise discretion to maintain a civil action 

15 (other than an action for injunctive relief) or issue a reme16 dial order against the person for any violation of any rule 

17 or regulation if— 

18 (1) the civil action or order is based on— 

19 (A) a retroactive application of the rule or 

20 regulation; or 

21 (B) a retroactive interpretation of the rule 

22 or regulation; and 

23 (2) the person relied in good faith on rules, reg24 ulations, or ruling in effect on the date of the viola25 tion interpreting the rules or regulations. 


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1 SEC. 504. REQUESTS FOR ADJUSTMENTS. 

2 (a) IN GENERAL.—The Secretary or any officer des3 ignated by the Secretary shall— 

4 (1) provide for the making of such adjustments 

5 to any rule, regulation, or order described in section 

6 501(a) as may be necessary to prevent special hard7 ship, inequity, or unfair distribution of burdens; 

8 (2) by rule, establish procedures that are avail9 able to any person for the purpose of seeking an in10 terpretation, modification, or rescission of, exception 

11 to, or exemption from, such rule, regulation, or 

12 order; and 

13 (3) ensure that each decision on any application 

14 or petition requesting an adjustment shall specify— 

15 (A) the standards of hardship, inequity, or 

16 unfair distribution of burden by which any dis17 position was made; and 

18 (B) the specific application of the stand19 ards to the facts contained in the application or 

20 petition. 

21 (b) REVIEW OF DENIAL.— 

22 (1) IN GENERAL.—If any person is aggrieved or 

23 adversely affected by a denial of a request for ad24 justment under subsection (a), the person may— 

25 (A) request a review of the denial by the 

26 Commission; and 


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1 (B) obtain judicial review in accordance 

2 with this title when the denial becomes final. 

3 (2) PROCEDURES.—The Commission shall, by 

4 rule, establish appropriate procedures, including a 

5 hearing when requested, for review of a denial. 

6 (3) COMMISSION ACTION.—Action by the Com7 mission under this section shall be considered final 

8 agency action within the meaning of section 704 of 

9 title 5, United States Code, and shall not be subject 

10 to further review by the Secretary or any officer or 

11 employee of the Department. 

12 (4) LITIGATION.—Litigation involving judicial 

13 review of action by the Commission under this sec14 tion shall be the responsibility of the Secretary. 

15 SEC. 505. REVIEW AND EFFECT. 

16 (a) IN GENERAL.—Not later than 1 year after the 

17 effective date of this Act, the Secretary shall submit a re18 port to Congress describing the actions taken to imple19 ment section 501. 

20 (b) CONTENTS.—The report under subsection (a) 

21 shall include— 

22 (1) a description of the adequacy of section 501 

23 from the standpoint of the Department and the pub24 lic, including a summary of any comments obtained 


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1 by the Secretary from the public about the section 

2 and implementing regulations; and 

3 (2) such recommendations as the Secretary con4 siders appropriate concerning the procedures re5 quired by section 501. 

6 (c) ASSESSMENTS.— 

7 (1) IN GENERAL.—Not later than January 31 

8 of each year, the Secretary shall submit to Congress 

9 a report on the assessment conducted under sub10 section (a) during the preceding year. 

11 (2) CONTENTS.—Each report shall include the 

12 results of the assessment covered by the report, to13 gether with such findings and recommendations as 

14 the Secretary considers appropriate. 

15 TITLE VI—ADMINISTRATIVE 

16 PROVISIONS 

17 Subtitle A—Personnel Provisions 

18 SEC. 601. OFFICERS AND EMPLOYEES. 

19 (a) AUTHORITY OF SECRETARY TO APPOINT AND

20 FIX COMPENSATION.—Except as otherwise provided in 

21 this section, the Secretary may appoint and fix the com22 pensation of such officers and employees, including attor23 neys, as the Secretary determines necessary to carry out 

24 the functions of the Department in accordance with chap25 ters 33 and 53 of title 5, United States Code. 


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1 (b) APPOINTMENT OF SCIENTIFIC, ENGINEERING, 

2 AND OTHER PERSONNEL.— 

3 (1) IN GENERAL.—Subject paragraph (2), the 

4 Secretary may— 

5 (A) appoint not more than 311 scientific, 

6 engineering, professional, and administrative 

7 personnel of the Department without regard to 

8 the provisions of chapter 33 of title 5, United 

9 States Code, governing appointments in the 

10 competitive service; and 

11 (B) fix the compensation of those per12 sonnel at an amount not to exceed the max13 imum rate payable for GS–18 of the General 

14 Schedule under section 5332 of title 5, United 

15 States Code. 

16 (2) TERMINATION OF AUTHORITY.—The au17 thority of the Secretary under paragraph (1) shall 

18 terminate on the later of— 

19 (A) the date on which an individual who is 

20 appointed under paragraph (1) leaves that posi21 tion; or 

22 (B) the date that is 4 years after the date 

23 of enactment of this Act. 

24 (c) OTHER POSITIONS ABOVE GS–15.— 


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1 (1) IN GENERAL.—Subject to the provisions of 

2 chapter 51 of title 5, United States Code, but not3 withstanding section 3324 of title 5, United States 

4 Code, the Secretary may classify not more than 178 

5 positions of the Department as GS–16, GS–17, or 

6 GS–18 without the approval by the Civil Service 

7 Commission. 

8 (2) APPROVAL BY CIVIL SERVICE COMMIS9 SION.—Appointments under this subsection may be 

10 made without regard to section 3324 of title 5, 

11 United States Code, if the individual placed in the 

12 position— 

13 (A) is transferred to the Department in 

14 connection with a transfer of functions under 

15 this Act; and 

16 (B) immediately prior to the effective date 

17 of this Act, held a position and duties com18 parable to those required by the new position. 

19 (3) TERMINATION OF AUTHORITY.—The au20 thority of the Secretary under this subsection with 

21 respect to any position shall terminate on the date 

22 on which the first individual who is appointed under 

23 paragraph (1) leaves that position. 

24 (d) APPOINTMENT OF ADDITIONAL SCIENTIFIC, EN25 GINEERING, AND OTHER PERSONNEL.—In addition to the 


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1 number of positions that may be classified above GS–15 

2 under section 5108 of title 5, United States Code, the Sec3 retary may— 

4 (1) appoint not more than 200 scientific, engi5 neering, professional, and administrative personnel 

6 without regard to the provisions of chapter 33 of 

7 title 5, United States Code; and 

8 (2) fix the compensation of those personnel in 

9 an amount not to exceed the maximum rate payable 

10 for GS–18 of the General Schedule under section 

11 5332 of title 5, United States Code. 

12 (e) MAXIMUM NUMBER OF POSITIONS.—Of the posi13 tions described in subsections (b) and (c) and classified 

14 above GS–15 under section 5108(a) of title 5, United 

15 States Code— 

16 (1) 63 percent shall be GS–16 positions; 

17 (2) 25 percent shall be GS–17 positions; and 

18 (3) 12 percent shall be GS–18 positions. 

19 (f) INTELLIGENCE POSITIONS.—All individuals ap20 pointed to positions in the Department that the Secretary 

21 determines to be devoted to intelligence and intelligence22 related activities of the Federal Government are excepted 

23 from the competitive service provisions of chapter 33 of 

24 title 5, United States Code while employed in those posi25 tions. 


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1 SEC. 602. SENIOR POSITIONS. 

2 In addition to the positions created by title II, there 

3 shall be within the Department 14 additional officers in 

4 positions authorized by section 5316 of title 5, United 

5 States Code, which shall be filled by individuals appointed 

6 by the Secretary who shall perform such functions as the 

7 Secretary shall prescribe from time to time. 

8 SEC. 603. EXPERTS AND CONSULTANTS. 

9 The Secretary may obtain services authorized by sec10 tion 3109 of title 5, United States Code, at rates not to 

11 exceed the daily rate prescribed for grade GS–18 of the 

12 General Schedule under section 5332 of title 5, United 

13 States Code, for persons employed intermittently in Gov14 ernment service. 

15 SEC. 604. ADVISORY COMMITTEES. 

16 (a) IN GENERAL.—The Secretary may establish in 

17 accordance with the Federal Advisory Committee Act (5 

18 U.S.C. App.) such advisory committees as the Secretary 

19 determines necessary to assist in the performance of the 

20 duties of the Secretary. 

21 (b) TRAVEL EXPENSES.—Members of an advisory 

22 committee established under subsection (a), other than a 

23 full-time employees of the Federal Government, may be 

24 allowed travel expenses, including per diem in lieu of sub25 sistence, as authorized by section 5703 of title 5, United 

26 States Code, while attending meetings of the advisory 


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1 committee or otherwise serving at the request of the Sec2 retary away from the homes or places of business of the 

3 members. 

4 Subtitle B—General Administrative 

5 Provisions 

6 SEC. 611. GENERAL AUTHORITY. 

7 To the extent appropriate to perform any function 

8 transferred by this Act, the Secretary or any officer or 

9 employee of the Department may exercise, in carrying out 

10 the function so transferred, any authority available by law 

11 (including appropriations Acts) to the official or agency 

12 from which the function was transferred. 

13 SEC. 612. DELEGATION. 

14 Except as otherwise expressly prohibited by law, and 

15 except as otherwise provided in this Act, the Secretary 

16 may, as the Secretary determines to be appropriate— 

17 (1) delegate any functions to officers or employ18 ees of the Department; and 

19 (2) authorize successive redelegations of func20 tions within the Department. 

21 SEC. 613. REORGANIZATION. 

22 (a) IN GENERAL.—Subject to subsection (b), the Sec23 retary may establish, alter, consolidate, or discontinue 

24 such organizational units or components within the De25 partment as the Secretary determines to be appropriate. 


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1 (b) LIMITATIONS.— 

2 (1) IN GENERAL.—The authority of the Sec3 retary under subsection (a) shall not extend to— 

4 (A) the abolition of any organizational unit 

5 or component established by this Act; or 

6 (B) the transfer of any function vested by 

7 this Act in any organizational unit or compo8 nent. 

9 (2) NATIONAL NUCLEAR SECURITY ADMINIS10 TRATION.—The authority of the Secretary under 

11 subsection (a) shall not apply to the National Nu12 clear Security Administration. 

13 SEC. 614. RULES. 

14 The Secretary may promulgate such procedural and 

15 administrative regulations as the Secretary determines to 

16 be appropriate to administer and manage the functions of 

17 the Secretary under this Act. 

18 SEC. 615. SUBPOENA. 

19 (a) IN GENERAL.—For the purpose of carrying out 

20 this Act, the Secretary (or a designee) shall have the same 

21 powers and authorities as the Federal Trade Commission 

22 under section 9 of the Federal Trade Commission Act (15 

23 U.S.C. 49) with respect to all functions vested in, or trans24 ferred or delegated to, the Secretary by this Act. 


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1 (b) NATURAL GAS.—For purposes of carrying out the 

2 responsibilities of the Federal Trade Commission under 

3 the Natural Gas Policy Act of 1978 (15 U.S.C. 3301 et 

4 seq.), the Commission shall have the same powers and au5 thority as the Secretary has under this section. 

6 SEC. 616. CONTRACTS. 

7 (a) IN GENERAL.—The Secretary may enter into and 

8 perform such contracts, leases, cooperative agreements, or 

9 other similar transactions with public agencies, private or10 ganizations, and individuals, and make such payments (in 

11 lump sum or installments, and by way of advance or reim12 bursement), as the Secretary determines to be appropriate 

13 to carry out the functions under this Act. 

14 (b) LIMITATION ON AUTHORITY.—Notwithstanding 

15 any other provision of this title, no authority to enter into 

16 contracts or to make payments under this title shall be 

17 effective except to such extent or in such amounts as are 

18 provided in advance in appropriations Acts. 

19 (c) LEASING OF EXCESS DEPARTMENT PROPERTY.— 

20 The Secretary may lease, in accordance with such terms 

21 and conditions the Secretary considers to be appropriate 

22 to promote national security or the public interest, any 

23 acquired real property and related personal property 

24 that— 


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1 (1) is located at a facility of the Department to 

2 be closed or reconfigured; 

3 (2) at the time the lease is entered into, is not 

4 needed by the Department; and 

5 (3) is under the control of the Department. 

6 (d) TERMS OF LEASE.— 

7 (1) IN GENERAL.—A lease entered into under 

8 subsection (c) shall be for a term of not more than 

9 10 years, except that the Secretary may enter into 

10 a lease that includes an option to renew for a term 

11 of more than 10 years if the Secretary determines 

12 that entering into such a lease will promote the na13 tional security or be in the public interest. 

14 (2) CONSIDERATION.— 

15 (A) IN GENERAL.—A lease entered into 

16 under subsection (c) may provide for the pay17 ment (in cash or in kind) by the lessee of con18 sideration in an amount that is less than the 

19 fair market rental value of the leasehold inter20 est. 

21 (B) SERVICES.—Services relating to the 

22 protection and maintenance of the leased prop23 erty may constitute all or part of the consider24 ation under this paragraph. 

25 (e) ENVIRONMENTAL CONCERNS.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 before entering into a lease under subsection (c), the 

3 Secretary shall consult with, and obtain the concur4 rence of, the appropriate State official (with respect 

5 to property located on a site that is not listed on the 

6 National Priorities List) to determine whether the 

7 environmental conditions of the property are such 

8 that leasing the property, and the terms and condi9 tions of the lease agreement, are consistent with 

10 safety and the protection of public health and the 

11 environment. 

12 (2) FAILURE TO OBTAIN CONCURRENCE.—The 

13 Secretary may enter into a lease under subsection 

14 (c) without obtaining the concurrence of the appro15 priate State official under paragraph (1) if, by the 

16 date that 60 days after the date on which the Sec17 retary requests the concurrence, the appropriate 

18 State official fails to submit to the Secretary a no19 tice of concurrence with, or rejection of, the deter20 mination. 

21 (f) RENTALS.— 

22 (1) RETENTION.— 

23 (A) IN GENERAL.—To the extent provided 

24 in advance in appropriations Acts, the Sec25 retary may retain and use money received by 


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1 the Secretary directly from a lease entered into 

2 under subsection (c) in any amount the Sec3 retary considers to be necessary to cover the ad4 ministrative expenses of the lease, the mainte5 nance and repair of the leased property, or en6 vironmental restoration activities at the facility 

7 at which the leased property is located. 

8 (B) TREATMENT.—Amounts retained 

9 under this subsection shall be retained in a sep10 arate account established in the Treasury for 

11 that purpose. 

12 (2) REPORT.—The Secretary shall submit to 

13 Congress annual reports on the amounts retained 

14 and used under this subsection. 

15 (g) ADDITIONAL AUTHORITIES.— 

16 (1) IN GENERAL.—In addition to authority 

17 granted to the Secretary under any other provision 

18 of law, the Secretary may exercise the same author19 ity to enter into transactions (other than contracts, 

20 cooperative agreements, and grants), subject to the 

21 same terms and conditions, as the Secretary of De22 fense under section 2371 of title 10, United States 

23 Code (other than subsections (b) and (f) of that sec24 tion). 


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1 (2) APPLICATION OF TERMS.—In applying sec2 tion 2371 of title 10, United States Code, to the 

3 Secretary under paragraph (1)— 

4 (A) the term ‘‘basic’’ shall be replaced by 

5 the term ‘‘research’’; 

6 (B) the term ‘‘applied’’ shall be replaced 

7 by the term ‘‘development’’; and 

8 (C) the terms ‘‘advanced research 

9 projects’’ and ‘‘advanced research’’ shall be re10 placed by the term ‘‘demonstration projects’’. 

11 (3) RELATIONSHIP TO OTHER PROVISIONS.— 

12 The authority of the Secretary under paragraph (1) 

13 shall not be subject to— 

14 (A) section 9 of the Federal Nonnuclear 

15 Energy Research and Development Act of 1974 

16 (42 U.S.C. 5908); or 

17 (B) section 152 of the Atomic Energy Act 

18 of 1954 (42 U.S.C. 2182). 

19 (4) COMPETITIVE, MERIT-BASED SELECTION

20 PROCEDURES.— 

21 (A) IN GENERAL.—The Secretary shall use 

22 such competitive, merit-based selection proce23 dures in entering into transactions under para24 graph (1) as the Secretary determines in writ25 ing to be practicable. 


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1 (B) LIMITATION.—A transaction under 

2 paragraph (1) shall relate to a research, devel3 opment, or demonstration project only if the 

4 Secretary determines in writing that the use of 

5 a standard contract, grant, or cooperative 

6 agreement for the project is not feasible or ap7 propriate. 

8 (5) DISCLOSURE.—The Secretary may protect 

9 from disclosure, for up to 5 years after the date on 

10 which the information is developed, any information 

11 developed pursuant to a transaction under para12 graph (1) that would be protected from disclosure 

13 under section 552(b)(4) of title 5, United States 

14 Code, if obtained from an individual or entity other 

15 than a Federal agency. 

16 (6) GUIDELINES.— 

17 (A) IN GENERAL.—The Secretary shall 

18 issue guidelines for transactions under para19 graph (1). 

20 (B) PUBLICATION.—The guidelines under 

21 subparagraph (A) shall be published in the Fed22 eral Register for public comment in accordance 

23 with rulemaking procedures of the Department. 

24 (C) AUTHORITY.—The Secretary shall not 

25 have authority to carry out transactions under 


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1 paragraph (1) until the guidelines for trans2 actions required under subparagraph (A) are 

3 final. 

4 (7) ANNUAL REPORT.—The Secretary shall 

5 submit to Congress the annual report required under 

6 section 2371(h) of title 10, United States Code. 

7 (8) DELEGATION.—The authority of the Sec8 retary under this subsection may be delegated only 

9 to an officer of the Department who is appointed by 

10 the President by and with the advice and consent of 

11 the Senate. 

12 (9) TERMINATION.—Notwithstanding any other 

13 provision of law, the authority to enter into trans14 actions under paragraph (1) shall terminate on Sep15 tember 30, 2015. 

16 SEC. 617. ACQUISITION AND MAINTENANCE OF PROPERTY. 

17 The Secretary may— 

18 (1) acquire (by purchase, lease, condemnation, 

19 or otherwise), construct, improve, repair, operate, 

20 and maintain laboratories, research and testing sites 

21 and facilities, quarters and related accommodations 

22 for employees and dependents of employees of the 

23 Department, personal property (including patents), 

24 or any interest in property, as the Secretary deter25 mines to be necessary; and 


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1 (2) provide, by contract or otherwise, for eating 

2 facilities and other necessary facilities for the health 

3 and welfare of employees of the Department at in4 stallations (including through the purchase and 

5 maintenance of appropriate equipment). 

6 SEC. 618. FACILITIES CONSTRUCTION. 

7 (a) IN GENERAL.—As necessary and when not other8 wise available, the Secretary may provide for, construct, 

9 or maintain the following for employees and dependents 

10 stationed at remote locations: 

11 (1) Emergency medical services and supplies. 

12 (2) Food and other subsistence supplies. 

13 (3) Messing facilities. 

14 (4) Audiovisual equipment, accessories, and 

15 supplies for recreation and training. 

16 (5) Reimbursement for food, clothing, medicine, 

17 and other supplies furnished by those employees in 

18 emergencies for the temporary relief of distressed in19 dividuals. 

20 (6) Living and working quarters and facilities. 

21 (7) Transportation of school-aged dependents of 

22 employees to the nearest appropriate educational fa23 cilities. 

24 (b) PRICING.—The furnishing of medical treatment 

25 under subsection (a)(1) and the furnishing of services and 


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1 supplies under paragraphs (2) and (3) of subsection (a) 

2 shall be at prices reflecting reasonable value, as deter3 mined by the Secretary. 

4 (c) TREATMENT.— 

5 (1) IN GENERAL.—Proceeds from reimburse6 ments under this section— 

7 (A) shall be deposited in the Treasury; and 

8 (B) may be withdrawn by the Secretary— 

9 (i) to pay directly the cost of work or 

10 services; 

11 (ii) to repay or make advances to ap12 propriations of funds that will initially bear 

13 all or a part of that cost; or 

14 (iii) to refund excess sums when nec15 essary. 

16 (2) CREDITING TO FUNDS.—A payment by the 

17 Secretary under paragraph (1)(B) may be credited 

18 to a working capital fund otherwise established by 

19 law, including the fund established pursuant to sec20 tion 622, and used under the law governing the 

21 fund, if the fund is available for use by the Depart22 ment for performing the work or services for which 

23 payment is received. 


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1 SEC. 619. USE OF FACILITIES. 

2 (a) IN GENERAL.—On the consent of the Federal 

3 Government or the government of any foreign country, 

4 State, the District of Columbia, the Commonwealth of 

5 Puerto Rico, or any territory or possession of the United 

6 States, with or without reimbursement, the Secretary and 

7 the Federal Energy Regulatory Commission may use the 

8 research, equipment, and facilities of such a government 

9 (or political subdivision) in carrying out the functions 

10 under this Act. 

11 (b) USE OF PROPERTY.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), in carrying out this Act, the Secretary 

14 may permit the use by public and private individuals 

15 and entities of any real property, facility, structure, 

16 or improvement under the jurisdiction of the Sec17 retary for purposes of the Department, under such 

18 terms and at such rates as the Secretary determines 

19 to be appropriate, for a period of not more than 5 

20 years. 

21 (2) RECONDITIONING AND MAINTENANCE.— 

22 The Secretary may require any individual or entity 

23 to which a permit is provided under this subsection 

24 to recondition and maintain, at the expense of the 

25 individual or entity, the real property, facilities, 


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1 structures, and improvements involved to a satisfac2 tory standard. 

3 (3) EXCEPTION.—This subsection shall not 

4 apply to excess property (as defined in section 102 

5 of title 40, United States Code). 

6 (c) PROCEEDS.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the proceeds from reimbursements under 

9 this section— 

10 (A) shall be deposited in the Treasury; and 

11 (B) may be withdrawn by the Secretary or 

12 the head of the another appropriate Federal de13 partment or agency— 

14 (i) to pay directly the costs of the 

15 equipment and facilities provided; 

16 (ii) to repay or make advances to ap17 propriations or funds that do or will ini18 tially bear all or a part of those costs; or 

19 (iii) to refund excess sums as nec20 essary. 

21 (2) EXCEPTION.—The proceeds described in 

22 paragraph (1) may be credited to a working capital 

23 fund otherwise established by law (including the 

24 fund established pursuant to section 622) and used 

25 in accordance the laws governing that fund, if the 


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1 fund is available for use for providing the equipment 

2 or facilities involved. 

3 SEC. 620. FIELD OFFICES. 

4 The Secretary may establish, alter, consolidate, or 

5 discontinue to maintain such State, regional, district, 

6 local, or other field offices as the Secretary determines to 

7 be necessary to carry out this Act. 

8 SEC. 621. COPYRIGHTS. 

9 The Secretary may acquire any of the following de10 scribed rights if the property so acquired is for use by 

11 or for, or useful to, the Department: 

12 (1) Copyrights, patents, and applications for 

13 patents, designs, processes, and manufacturing data. 

14 (2) Licenses under copyrights, patents, and ap15 plications for patents. 

16 (3) Releases, before suit is brought, for past in17 fringement of patents or copyrights. 

18 SEC. 622. CAPITAL FUND. 

19 (a) ESTABLISHMENT.—The Secretary may establish 

20 a working capital fund, to be available without fiscal year 

21 limitation, for expenses necessary for the maintenance and 

22 operation of such common administrative services as the 

23 Secretary determines to be appropriate in the interests of 

24 economy and efficiency, including services such as— 


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1 (1) a central supply service for stationery and 

2 other supplies and equipment for which adequate 

3 stocks may be maintained to meet in whole or in 

4 part the requirements of the Department; 

5 (2) central messenger, mail, telephone, and 

6 other communications services; 

7 (3) office space and central services for docu8 ment reproduction, graphics, and visual aids; and 

9 (4) a central library service. 

10 (b) TRANSFERS.—The capital of the fund shall con11 sist of— 

12 (1) any appropriations made for the purpose of 

13 providing capital; and 

14 (2) the fair and reasonable value of such stocks 

15 of supplies, equipment, and other assets and inven16 tories on order as the Secretary may transfer to the 

17 fund, less the related liabilities and unpaid obliga18 tions. 

19 (c) REIMBURSEMENT.—Amounts in the fund shall be 

20 reimbursed in advance from available funds of agencies 

21 and offices in the Department, or from other sources, for 

22 supplies and services at rates that approximate the ex23 pense of operation, including the accrual of annual leave 

24 and the depreciation of equipment. 


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1 (d) CREDITS.—The fund shall be credited with re2 ceipts— 

3 (1) from sale or exchange of property; and 

4 (2) in payment for loss or damage to property 

5 owned by the fund. 

6 (e) SURPLUS AMOUNTS.—There shall be covered into 

7 the Treasury as miscellaneous receipts any surplus 

8 amounts in the fund (all assets, liabilities, and prior losses 

9 considered), in excess of the amounts transferred or ap10 propriated to establish and maintain the fund. 

11 SEC. 623. SEAL OF DEPARTMENT. 

12 (a) IN GENERAL.—The Secretary shall cause a seal 

13 of office to be made for the Department. 

14 (b) JUDICIAL NOTICE.—Judicial notice shall be 

15 taken of the seal under this section. 

16 SEC. 624. REGIONAL ENERGY ADVISORY BOARDS. 

17 (a) IN GENERAL.—The Governors of the States in 

18 each region may establish 1 regional energy advisory 

19 board for each region, to include such membership as the 

20 Governors determine to be appropriate. 

21 (b) OBSERVERS.— 

22 (1) IN GENERAL.—The following officials (or a 

23 designee) may participate as observers in the delib24 erations of any board established under subsection 

25 (a): 


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1 (A) The Secretary. 

2 (B) The Secretary of Commerce. 

3 (C) The Secretary of the Interior. 

4 (D) The Chairman of the Council on Envi5 ronmental Quality. 

6 (E) The Commandant of the Coast Guard. 

7 (2) OTHER COMMISSIONS.—The Federal co8 chairperson of the Appalachian Regional Commis9 sion or any regional commission under title V of the 

10 Public Works and Economic Development Act of 

11 1965 (42 U.S.C. 3191 et seq.) may participate as an 

12 observer in the deliberations of any board estab13 lished under subsection (a) that includes one or 

14 more States that are members of the regional com15 mission. 

16 (c) RECOMMENDATIONS.— 

17 (1) IN GENERAL.—Each board established 

18 under subsection (a) may make such recommenda19 tions as are appropriate to programs of the Depart20 ment having a direct effect on the region of the 

21 board. 

22 (2) FAILURE TO ADOPT.—If a board makes a 

23 specific recommendation under paragraph (1) that is 

24 not adopted in the implementation of a program de25 scribed in that paragraph, the Secretary shall notify 


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1 the Board in writing of the reasons for not adopting 

2 the recommendation. 

3 SEC. 625. DESIGNATION OF CONSERVATION OFFICERS. 

4 (a) DESIGNATION.—The Secretary of Defense, the 

5 Secretary of Commerce, the Secretary of Housing and 

6 Urban Development, the Secretary of Transportation, the 

7 Secretary of Agriculture, the Secretary of the Interior, the 

8 head of the United States Postal Service, and the Admin9 istrator of General Services shall each designate 1 Assist10 ant Secretary or Assistant Administrator, as applicable, 

11 as the principal conservation officer of the respective de12 partment or agency. 

13 (b) DUTIES.—A principal conservation officer des14 ignated under subsection (a) shall be principally respon15 sible for— 

16 (1) the planning and implementation of energy 

17 conservation programs by the applicable department 

18 or agency; and 

19 (2) coordination with the Department with re20 spect to energy matters. 

21 (c) PUBLICATION.— 

22 (1) IN GENERAL.—Each department and agen23 cy described in subsection (a) shall periodically in24 form the Secretary of the identity of the relevant 

25 conservation officer. 


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1 (2) LIST.—The Secretary shall periodically pub2 lish a list identifying conservation officers under this 

3 section, based on the information provided under 

4 paragraph (1). 

5 SEC. 626. ANNUAL REPORT. 

6 (a) IN GENERAL.—As soon as practicable after the 

7 end of each fiscal year commencing with the first complete 

8 fiscal year following the date of enactment of this Act, the 

9 Secretary shall submit to the President, for inclusion in 

10 a report to Congress, a report on the activities of the De11 partment during the preceding fiscal year. 

12 (b) INCLUSIONS.—Each report under subsection (a) 

13 shall include— 

14 (1) a statement of the goals, priorities, and 

15 plans of the Secretary for the Department, together 

16 with an assessment of the progress made toward— 

17 (A) the attainment of those goals; 

18 (B) the effective and efficient management 

19 of the Department; and 

20 (C) progress made in coordination of de21 partmental functions with other Federal depart22 ments and agencies; 

23 (2) the information required by— 

24 (A) section 15 of the Federal Energy Ad25 ministration Act of 1974 (15 U.S.C. 774); 


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1 (B) section 365(c) of the Energy Policy 

2 and Conservation Act (42 U.S.C. 6325(c)); 

3 (C) section 304(c) of the Nuclear Waste 

4 Policy Act of 1982 (42 U.S.C. 10224(c)); 

5 (D) section 307 of the Energy Reorganiza6 tion Act of 1974 (42 U.S.C. 5877); and 

7 (E) section 15 of the Federal Nonnuclear 

8 Energy Research and Development Act of 1974 

9 (42 U.S.C. 5914); 

10 (3) the projected energy needs of the United 

11 States to meet the requirements of the general wel12 fare of the residents and the commercial and indus13 trial entities of the United States, including a com14 prehensive summary of data pertaining to all fuel 

15 and energy needs of residents of the United States 

16 residing in— 

17 (A) areas outside standard metropolitan 

18 statistical areas; and 

19 (B) areas within such areas that are unin20 corporated or rural areas, as specified by the 

21 Bureau of the Census; 

22 (4) an estimate of— 

23 (A) the domestic and foreign energy supply 

24 on which the United States will be expected to 

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1 ner, with due regard for the protection of the 

2 environment, the conservation of natural re3 sources, and the implementation of foreign pol4 icy objectives; and 

5 (B) the quantities of energy expected to be 

6 provided by different sources (including petro7 leum, natural and synthetic gases, coal, ura8 nium, hydroelectric, solar, and other means) 

9 and the expected means of obtaining those 

10 quantities; 

11 (5) current and foreseeable trends in the price, 

12 quality, management, and use of energy resources 

13 and the effects of those trends on the social, envi14 ronmental, economic, and other requirements of the 

15 United States; 

16 (6) a summary of research and development ef17 forts funded by the Federal Government to develop 

18 new technologies, to forestall energy shortages, to re19 duce waste, to foster recycling, to encourage con20 servation practices, and to increase efficiency, in21 cluding a description of the activities carried out by 

22 the Department in support of environmental, social, 

23 economic, institutional, biomedical, physical, and 

24 safety research, development, demonstration, and 

25 monitoring activities necessary to guarantee that 


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1 technological programs funded by the Department 

2 are carried out in a manner that is capable of— 

3 (A) maintaining or improving the quality 

4 of the environment; and 

5 (B) mitigating any undesirable environ6 mental and safety impacts; 

7 (7) a review and appraisal of the adequacy and 

8 appropriateness of technologies, procedures, and 

9 practices (including competitive and regulatory prac10 tices) employed by the Federal Government or State 

11 and local governments and nongovernmental entities 

12 to achieve the purposes of this Act; 

13 (8) a summary of cooperative and voluntary ef14 forts that have been mobilized to promote conserva15 tion and recycling, together with plans for such ef16 forts during the succeeding fiscal year, and rec17 ommendations for changes in laws and regulations 

18 needed to encourage more conservation and recycling 

19 by all segments of the United States; 

20 (9) a summary of substantive measures taken 

21 by the Department— 

22 (A) to stimulate and encourage the devel23 opment of new manpower resources through in24 stitutions of higher education in the United 

25 States; and 


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1 (i) to involve those institutions in the 

2 execution of the research and development 

3 programs of the Department; and 

4 (10) to the maximum extent practicable, a sum5 mary of activities in the United States by individuals 

6 or entities that are foreign-owned or -controlled and 

7 that own or control United States energy sources 

8 and supplies, including the magnitude of annual for9 eign direct investment in the energy sector in the 

10 United States and exports of energy resources from 

11 the United States by foreign-owned or -controlled in12 dividuals or entities, and such other related matters 

13 as the Secretary determines to be appropriate. 

14 SEC. 627. TRANSFER OF FUNDS. 

15 (a) IN GENERAL.—Except as provided in subsection 

16 (b), the Secretary, as authorized in an appropriations Act, 

17 may transfer for any fiscal year funds from 1 appropria18 tion to another within the Department. 

19 (b) EXCEPTION.—No appropriation shall be in20 creased or decreased pursuant to this section by more than 

21 5 percent of the appropriation for the applicable fiscal 

22 year. 


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1 SEC. 628. GUARDS FOR STRATEGIC PETROLEUM RESERVE 

2 FACILITIES. 

3 In accordance with guidelines prescribed by the Sec4 retary, in concurrence with the Attorney General, employ5 ees of the Department and employees of contractors and 

6 subcontractors (at any tier) of the Department, in car7 rying out the official duties of protecting the Strategic Pe8 troleum Reserve or a storage or related facility, or of pro9 tecting individuals relating to the Strategic Petroleum Re10 serve or a storage or related facility, may— 

11 (1) carry firearms, if designated by the Sec12 retary and qualified for the use of firearms under 

13 the guidelines; and 

14 (2) arrest without warrant any individual for an 

15 offense against the United States— 

16 (A) in the case of a felony, if the employee 

17 has reasonable grounds to believe that the indi18 vidual— 

19 (i) has committed or is committing a 

20 felony; and 

21 (ii) is in, or is fleeing from, the imme22 diate area of the felony; and 

23 (B) in the case of a felony or mis24 demeanor, if the violation is committed in the 

25 presence of the employee. 


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1 SEC. 629. TRESPASS ON STRATEGIC PETROLEUM RESERVE 

2 FACILITIES. 

3 (a) REGULATIONS.— 

4 (1) IN GENERAL.—The Secretary may promul5 gate regulations relating to the entry on, or car6 rying, transporting, or otherwise introducing or 

7 causing to be introduced any dangerous weapon, ex8 plosive, or other dangerous instrument or material 

9 likely to produce substantial injury or damage to in10 dividuals or property into or onto, the Strategic Pe11 troleum Reserve, a storage or related facility, or real 

12 property subject to the jurisdiction or administra13 tion, or in the custody, of the Secretary under part 

14 B of title I of the Energy Policy and Conservation 

15 Act (42 U.S.C. 6231 et seq.). 

16 (2) NOTICE.—The Secretary shall post con17 spicuously on any property subject to the regulations 

18 under paragraph (1) a notification that the property 

19 is subject to the regulations. 

20 (b) VIOLATORS.—Any individual who willfully vio21 lates a regulation of the Secretary promulgated pursuant 

22 to subsection (a) shall be— 

23 (1) guilty of a misdemeanor; and 

24 (2) punished on conviction by a fine of not 

25 more than $5,000, imprisonment for not more than 

26 1 year, or both. 


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1 SEC. 630. ANNUAL ASSESSMENT AND REPORT ON VULNER2 ABILITY OF FACILITIES TO TERRORIST AT3 TACK. 

4 (a) IN GENERAL.—Not less frequently than once 

5 each year, the Secretary shall conduct a comprehensive as6 sessment of the vulnerability of Department facilities to 

7 a terrorist attack. 

8 (b) REPORTS.—Not later than January 31, 2012, 

9 and annually thereafter, the Secretary shall submit to 

10 Congress a report on the assessment conducted under sub11 section (a) for the preceding calendar year, including the 

12 results of the assessment, together with such findings and 

13 recommendations as the Secretary considers to be appro14 priate. 

15 TITLE VII—TRANSITIONAL, SAV16 INGS, AND CONFORMING 

17 PROVISIONS 

18 SEC. 701. TRANSFER AND ALLOCATIONS OF APPROPRIA19 TIONS AND PERSONNEL. 

20 (a) IN GENERAL.—Except as otherwise provided in 

21 this Act, the personnel employed in connection with, and 

22 the assets, liabilities, contracts, property, records, and un23 expended balance of appropriations authorizations, alloca24 tions, and other funds employed, held, used, arising from, 

25 available to, or to be made available in connection with 

26 the functions transferred by this Act, subject to section 


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1 1531 of title 31, United States Code, are transferred to 

2 the Secretary for appropriate allocation. 

3 (b) USE OF UNEXPENDED FUNDS.—Unexpended 

4 funds transferred pursuant to subsection (a) shall only be 

5 used for the purposes for which the funds were originally 

6 authorized and appropriated. 

7 (c) SPECIFIC POSITIONS.—Positions expressly speci8 fied by statute or reorganization plan to carry out func9 tions transferred by this Act, personnel occupying those 

10 positions on the effective date of this Act, and personnel 

11 authorized to receive compensation in those positions at 

12 the rate prescribed for offices and positions at level I, II, 

13 III, IV, or V of the Executive Schedule under subchapter 

14 II of chapter 53 of title 5, United States Code, on the 

15 effective date of this Act, shall be subject to section 703. 

16 SEC. 702. EFFECT ON PERSONNEL. 

17 (a) IN GENERAL.—Except as otherwise provided in 

18 this Act or by the Secretary, the transfer pursuant to this 

19 title of full-time personnel (except special Government em20 ployees) and part-time personnel holding permanent posi21 tions pursuant to this title shall not cause any such em22 ployee to be separated or reduced in grade or compensa23 tion for 1 year after the date of enactment of this Act. 

24 (b) COMPENSATION.—Any person who, on the effec25 tive date of this Act, holds a position compensated in acVerDate Mar 15 2010 21:23 May 06, 2011 Jkt 099200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S892.IS S892

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1 cordance with the Executive Schedule prescribed in chap2 ter 53 of title 5, United States Code, and who, without 

3 a break in service, is appointed in the Department to a 

4 position having duties comparable to the duties performed 

5 immediately preceding the appointment shall continue to 

6 be compensated in the new position at not less than the 

7 rate provided for the previous position, for the duration 

8 of service in the new position. 

9 (c) REEMPLOYMENT RIGHTS.— 

10 (1) IN GENERAL.—An employee transferred to 

11 the Department who holds reemployment rights ac12 quired under any provision of law or regulation may 

13 exercise those rights only during the latter of— 

14 (A) the 120-day period beginning on the 

15 effective date of this Act; or 

16 (B) the 2-year period beginning on the 

17 date on which the employee acquired the reem18 ployment rights. 

19 (2) REQUIREMENT.—Reemployment rights may 

20 only be exercised at the request of the employee. 

21 SEC. 703. AGENCY TERMINATIONS. 

22 (a) IN GENERAL.—Except as otherwise provided in 

23 this Act, whenever all of the functions vested by law in 

24 any agency, commission, or other body, or any component 

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1 nated or transferred from that agency, commission, or 

2 other body, or component by this Act, the agency, commis3 sion, or other body, or component, shall terminate. 

4 (b) TERMINATION OF POSITIONS AND OFFICES.—If 

5 an agency, commission, or other body, or any component 

6 of an agency, commission, or other body, terminates pur7 suant to subsection (a), each position and office within 

8 the agency, commission, or other body, or component, that 

9 was expressly authorized by law, or the incumbent of 

10 which was authorized to receive compensation at the rates 

11 prescribed for an office or position at level II, III, IV, or 

12 V of the Executive Schedule under subchapter II of chap13 ter 53 of title 5, United States Code, shall terminate. 

14 SEC. 704. INCIDENTAL TRANSFERS. 

15 The Director of the Office of Management and Budg16 et, in consultation with the Secretary and the Commission, 

17 shall make such determinations as may be necessary with 

18 regard to the transfer of functions that relate to or are 

19 used by an agency, commission or other body, or compo20 nent of an agency, commission, or other body, affected by 

21 this Act, to make such additional incidental dispositions 

22 of personnel, assets, liabilities, contracts, property, 

23 records, and unexpended balances of appropriations, au24 thorizations, allocations, and other funds held, used, aris25 ing from, available to, or to be made available in connecVerDate Mar 15 2010 21:23 May 06, 2011 Jkt 099200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S892.IS S892

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1 tion with the functions transferred by this Act, as the Di2 rector considers necessary to accomplish the purposes of 

3 this Act. 

4 SEC. 705. SAVINGS PROVISIONS. 

5 (a) ORDERS TO REMAIN IN EFFECT.— 

6 (1) IN GENERAL.—All orders, determinations, 

7 rules, regulations, permits, contracts, certificates, li8 censes, and privileges described in paragraph (2) 

9 shall continue in effect according to their respective 

10 terms until modified, terminated, superseded, set 

11 aside, or revoked in accordance with law by the 

12 President, the Secretary, the Commission, or other 

13 authorized officials, a court of competent jurisdic14 tion, or by operation of law. 

15 (2) SPECIFICATION.—Paragraph (1) applies to 

16 all orders, determinations, rules, regulations, per17 mits, contracts, certificates, licenses, and privileges 

18 that— 

19 (A) have been issued, made, granted, or al20 lowed to become effective by the President, any 

21 Federal department or agency, official of a Fed22 eral department or agency, or by a court of 

23 competent jurisdiction, in the performance of 

24 functions that are transferred under this Act to 


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1 the Department or the Commission after the 

2 date of enactment of this Act; and 

3 (B) are in effect on the date on which this 

4 Act takes effect. 

5 (b) PENDING PROCEEDINGS.— 

6 (1) IN GENERAL.—This Act shall not affect any 

7 proceedings or any application for any license, per8 mit, certificate, or financial assistance pending be9 fore any department, agency, commission, or compo10 nent of a department, agency, or commission, func11 tions of which are transferred by this Act on the 

12 date on which this Act takes effect. 

13 (2) CONTINUATION.— 

14 (A) IN GENERAL.—To the extent that pro15 ceedings and applications described in para16 graph (1) relate to functions transferred by this 

17 Act— 

18 (i) the proceedings and applications 

19 shall be continued; and 

20 (ii) orders shall be issued, appeals 

21 shall be taken, and payments shall be 

22 made pursuant to the orders, as if this Act 

23 had not been enacted. 

24 (B) EFFECT.—Orders issued in any pro25 ceeding continued under this paragraph shall 


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1 continue in effect until modified, terminated, 

2 superseded, or revoked by— 

3 (i) a duly authorized official; 

4 (ii) a court of competent jurisdiction; 

5 or 

6 (iii) operation of law. 

7 (C) DISCONTINUANCE OR MODIFICA8 TION.—Nothing in this subsection prohibits the 

9 discontinuance or modification of any pro10 ceeding described in paragraph (1) under the 

11 same terms and conditions and to the same ex12 tent that the proceeding could have been dis13 continued or modified if this Act had not been 

14 enacted. 

15 (3) REGULATIONS.—The Secretary and the 

16 Commission may promulgate regulations providing 

17 for the orderly transfer of proceedings described in 

18 paragraph (1) to the Department or the Commis19 sion. 

20 (c) PENDING SUITS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (3)— 

23 (A) this Act shall not affect suits com24 menced prior to the effective date of this Act; 

25 and 


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1 (B) in all suits described in subparagraph 

2 (A), proceedings shall be had, appeals taken, 

3 and judgments rendered in the same manner 

4 and effect as if this Act had not been enacted. 

5 (2) SUITS BY AND AGAINST OFFICERS IN OFFI6 CIAL CAPACITY AND DEPARTMENTS AND AGEN7 CIES.— 

8 (A) OFFICES.—No suit, action, or other 

9 proceeding commenced by or against any officer 

10 in the official capacity of the officer as an offi11 cer of any department or agency, functions of 

12 which are transferred by this Act, shall abate 

13 by reason of the enactment of this Act. 

14 (B) DEPARTMENTS AND AGENCIES.—No 

15 cause of action by or against any department or 

16 agency, functions of which are transferred by 

17 this Act, or by or against any officer of a de18 partment or agency in the official capacity of 

19 the officer, shall abate by reason of the enact20 ment of this Act. 

21 (3) TRANSFER.—If, before the effective date of 

22 this Act, any department or agency, or officer of a 

23 department or agency in the official capacity of the 

24 officer, is a party to a suit, and under this Act any 

25 function of the department, agency, or officer is 


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1 transferred to the Secretary or any other official, 

2 then the suit shall be continued with the Secretary 

3 or other official, as applicable, substituted. 

4 SEC. 706. REFERENCE. 

5 With respect to any functions transferred by this Act 

6 and exercised after the effective date of this Act, reference 

7 in any other Federal law to any department, commission, 

8 or agency or any officer or office the functions of which 

9 are so transferred shall be deemed to refer to the Sec10 retary, the Commission, or other official or component of 

11 the Department in which this Act vests those functions. 

12 SEC. 707. PRESIDENTIAL AUTHORITY. 

13 Except as provided in title IV, nothing in this Act 

14 limits, curtails, abolishes, or terminates— 

15 (1) any function of, or authority available to, 

16 the President that the President had immediately 

17 before the effective date of this Act; or 

18 (2) the authority of the President to delegate, 

19 redelegate, or terminate any delegation of functions. 

20 SEC. 708. TRANSITION. 

21 With the consent of the appropriate department or 

22 agency head concerned, the Secretary may use the services 

23 of the officers, employees, and other personnel of the de24 partments and agencies from which functions have been 

25 transferred to the Secretary for such period of time as 


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1 may reasonably be needed to facilitate the orderly transfer 

2 of functions under this Act. 

3 SEC. 709. ADMINISTRATIVE AMENDMENTS. 

4 (a) EXECUTIVE DEPARTMENTS.—Section 101 of title 

5 5, United States Code is amended by striking ‘‘ Depart6 ment of Energy’’ and inserting ‘‘Department of Energy 

7 and the Environment’’. 

8 (b) LEVEL I.—Section 5312 of title 5, United States 

9 Code, is amended by striking ‘‘Secretary of Energy’’ and 

10 inserting ‘‘Secretary of Energy and the Environment’’. 

11 (c) LEVEL II.—Section 5313 of title 5, United States 

12 Code, is amended— 

13 (1) by striking ‘‘Deputy Secretary of Energy’’ 

14 and inserting ‘‘Deputy Secretary of Energy and the 

15 Environment’’; and 

16 (2) by striking ‘‘Administrator of the Environ17 mental Protection Agency.’’. 

18 (d) LEVEL III.—Section 5314 of title 5, United 

19 States Code, is amended by striking ‘‘Under Secretaries 

20 of Energy (3)’’ and inserting ‘‘Under Secretaries of En21 ergy and the Environment (4)’’. 

22 (e) LEVEL IV.—Section 5315 of title 5, United 

23 States Code, is amended— 


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1 (1) by striking ‘‘Assistant Secretaries of Energy 

2 (8)’’ and inserting ‘‘Assistant Secretaries of Energy 

3 and the Environment (18)’’; 

4 (2) by striking ‘‘General Counsel of the Depart5 ment of Energy’’ and inserting ‘‘General Counsel of 

6 the Department of Energy and the Environment’’; 

7 (3) by striking ‘‘Administrator, Economic Regu8 latory Administration, Department of Energy.’’; 

9 (4) by striking ‘‘Administrator, Energy Infor10 mation Administration, Department of Energy.’’ and 

11 inserting ‘‘Administrator, Energy and Environment 

12 Information Administration, Department of Energy 

13 and the Environment.’’; 

14 (5) by striking ‘‘Director, Office of Indian En15 ergy Policy and Programs, Department of Energy’’; 

16 (6) by striking ‘‘Director, Office of Science, De17 partment of Energy.’’; 

18 (7) by striking ‘‘Assistant Administrator for 

19 Toxic Substances, Environmental Protection Agen20 cy.’’; 

21 (8) by striking ‘‘Assistant Administrator, Office 

22 of Solid Waste, Environmental Protection Agency.’’; 

23 (9) by striking ‘‘Assistant Administrators, En24 vironmental Protection Agency (8).’’; 


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1 (10) by striking ‘‘Chief Financial Officer, De2 partment of Energy’’ and inserting ‘‘Chief Financial 

3 Officer, Department of Energy and the Environ4 ment’’; 

5 (11) by striking ‘‘Chief Financial Officer, Envi6 ronmental Protection Agency.’’; 

7 (12) by striking ‘‘Chief Information Officer, 

8 Department of Energy’’ and inserting ‘‘Chief Infor9 mation Officer, Department of Energy and the Envi10 ronment’’; and 

11 (13) by striking ‘‘Chief Information Officer, 

12 Environmental Protection Agency.’’. 

13 (f) LEVEL V.—Section 5316 of title 5, United States 

14 Code, is amended by striking ‘‘Additional Officers, De15 partment of Energy (14)’’ and inserting ‘‘Additional Offi16 cers, Department of Energy and the Environment (14)’’. 

17 SEC. 710. DIRECTOR OF OFFICE OF PERSONNEL MANAGE18 MENT REPORT. 

19 As soon as practicable but not later than 1 year after 

20 the effective date of this Act, the Director of Office of 

21 Personnel Management shall prepare and submit to Con22 gress a report on the effects on employees of the reorga23 nization under this Act, which shall include— 

24 (1) an identification of any position within the 

25 Department or elsewhere in the Executive branch 


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1 that the Director considers unnecessary due to con2 solidation of functions under this Act; 

3 (2) a statement of the number of employees en4 titled to pay savings by reason of the reorganization 

5 under this Act; 

6 (3) a statement of the number of employees 

7 who are voluntarily or involuntarily separated by 

8 reason of the reorganization; 

9 (4) an estimate of the personnel costs associ10 ated with the reorganization; 

11 (5) the effects of the reorganization on labor 

12 management relations; and 

13 (6) such legislative and administrative rec14 ommendations for improvements in personnel man15 agement within the Department as the Director con16 siders necessary. 

17 SEC. 711. INVESTIGATIONS AND REPORTS ON DUPLICATIVE 

18 PROGRAMS AND ACTIVITIES. 

19 The Secretary shall— 

20 (1) conduct routine investigations to identify 

21 programs, offices, and initiatives with duplicative 

22 goals and activities within the Department; and 

23 (2) report annually to Congress on the findings 

24 from the investigations (including the cost of such 

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1 dation and elimination to reduce duplication and for 

2 specific rescissions. 

3 SEC. 712. ENVIRONMENTAL IMPACT STATEMENTS. 

4 The transfer of functions under titles III and IV shall 

5 not affect the validity of any draft environmental impact 

6 statement or similar analysis required under the National 

7 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.) and published before the effective date of this Act. 

9 SEC. 713. CONFORMING AMENDMENTS. 

10 The Department of Energy Organization Act (42 

11 U.S.C. 7101 et seq.) is repealed. 

12 TITLE VIII—ENERGY PLANNING 

13 SEC. 801. NATIONAL ENERGY POLICY PLAN. 

14 (a) IN GENERAL.—The President shall— 

15 (1) in accordance with subsection (b), prepare 

16 and submit to Congress a proposed National Energy 

17 Policy Plan (referred to in this title as a ‘‘proposed 

18 Plan’’); 

19 (2) seek the active participation by regional, 

20 State, and local agencies and instrumentalities and 

21 the private sector through public hearings in cities 

22 and rural communities and other appropriate means 

23 to ensure, to the maximum extent practicable, that 

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1 omy are taken into account in the formulation and 

2 review of the proposed Plan; 

3 (3) include in the proposed Plan a comprehen4 sive summary of data pertaining to all fuel and en5 ergy needs of persons residing in— 

6 (A) areas outside standard metropolitan 

7 statistical areas; and 

8 (B) areas within standard metropolitan 

9 statistical areas that are unincorporated or are 

10 specified by the Bureau of the Census as rural 

11 areas. 

12 (b) CONTENTS OF PROPOSED PLAN.—Not later than 

13 April 1, 2012, and biennially thereafter, the President 

14 shall submit to Congress the proposed Plan, which shall— 

15 (1) consider and establish energy production, 

16 use, and conservation objectives, for periods of 5 and 

17 10 years, necessary to satisfy projected energy needs 

18 of the United States to meet the requirements of the 

19 general welfare of the people of the United States 

20 and the commercial and industrial life of the United 

21 States, paying particular attention to the needs 

22 for— 

23 (A) full employment; 

24 (B) price stability; 

25 (C) energy security; 


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1 (D) economic growth; 

2 (E) environmental protection; 

3 (F) nuclear nonproliferation; 

4 (G) special regional needs; and 

5 (H) the efficient use of public and private 

6 resources; 

7 (2) identify the strategies that should be fol8 lowed and the resources that should be committed to 

9 achieve those objectives, including— 

10 (A) forecasting the level of production and 

11 investment necessary in each of the significant 

12 energy supply sectors and the level of conserva13 tion and investment necessary in each con14 suming sector; and 

15 (B) outlining the appropriate policies and 

16 actions of the Federal Government that will 

17 maximize the private production and investment 

18 necessary in each of the significant energy sup19 ply sectors consistent with applicable Federal, 

20 State, and local environmental laws, standards, 

21 and requirements; and 

22 (3) contain recommendations for legislative and 

23 administrative actions necessary to achieve the ob24 jectives of the proposed Plan, including legislative 

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1 tives, Federal funding, regulatory actions, antitrust 

2 policy, foreign policy, and international trade. 

3 (c) CONTENTS OF REPORT.—The President shall 

4 submit to Congress with the proposed Plan a report that 

5 shall include— 

6 (1) any data and analysis necessary to support 

7 the objectives, resource needs, and policy rec8 ommendations contained in the proposed Plan; 

9 (2) an estimate of the domestic and foreign en10 ergy supplies on which the United States will be ex11 pected to rely to meet projected energy needs in an 

12 economic manner consistent with the need to protect 

13 the environment, conserve natural resources, and im14 plement foreign policy objectives; 

15 (3) an evaluation of current and foreseeable 

16 trends in the price, quality, management, and use of 

17 energy resources and the effects of those trends on 

18 the social, environmental, economic, and other re19 quirements of the United States; 

20 (4) a summary of research and development ef21 forts funded by the Federal Government— 

22 (A) to forestall energy shortages; 

23 (B) to reduce waste; 

24 (C) to foster recycling; 


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1 (D) to encourage conservation practices; 

2 and 

3 (E) to otherwise protect environmental 

4 quality, including recommendations for devel5 oping technologies to accomplish the purposes 

6 listed in subparagraphs (A) through (D); and 

7 (5) a review and appraisal of the adequacy and 

8 appropriateness of technologies, procedures, and 

9 practices (including competitive and regulatory prac10 tices) employed by Federal, State, and local govern11 ments and nongovernmental entities to achieve the 

12 purposes of the proposed Plan. 

13 (d) CONSULTATION REQUIRED.—The President shall 

14 ensure that consumers, small businesses, and a wide range 

15 of other interests, including those of individual citizens 

16 who have no financial interest in the energy industry, are 

17 consulted in the development of the proposed Plan. 

18 SEC. 802. CONGRESSIONAL REVIEW. 

19 (a) IN GENERAL.—Each proposed Plan shall be re20 ferred to the appropriate committees of the Senate and 

21 the House of Representatives. 

22 (b) COMMITTEE ACTION.—Each committee to which 

23 a proposed Plan is referred shall— 

24 (1) review the proposed Plan; and 


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1 (2) if considered appropriate by the committee, 

2 report to the Senate or the House of Representatives 

3 legislation regarding the proposed Plan, which may 

4 contain such alternatives to, modifications of, or ad5 ditions to the proposed Plan submitted by the Presi6 dent as the committee considers appropriate. 

7 TITLE IX—ELIMINATION OR RE8 DUCTION OF CERTAIN PRO9 GRAMS 

10 Subtitle A—Energy Programs 

11 SEC. 901. ELIMINATION OF GRANTS TO STATES FOR EN12 ERGY CONSERVATION AND WEATHERIZA13 TION. 

14 (a) WEATHERIZATION ASSISTANCE PROGRAM.—Part 

15 A of title IV of the Energy Conservation and Production 

16 Act (42 U.S.C. 6861 et seq.) is repealed. 

17 (b) ENERGY EFFICIENCY CONSERVATION BLOCK

18 GRANT PROGRAM.—Subtitle E of title V of the Energy 

19 Independence and Security Act of 2007 (42 U.S.C. 17151 

20 et seq.) is repealed. 

21 (c) SUSTAINABLE ENERGY RESOURCES FOR CON22 SUMERS GRANTS.—Section 411(b) of the Energy Inde23 pendence and Security Act of 2007 (42 U.S.C. 6872 note; 

24 Public Law 110–140) is repealed. 


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1 (d) WEATHERIZATION INNOVATION PILOT PRO2 GRAM.—Section 126 of the Energy Policy Act of 2005 (42 

3 U.S.C. 15823) is repealed. 

4 (e) STATE ENERGY PROGRAM.—Part D of title III 

5 of the Energy Policy and Conservation Act (42 U.S.C. 

6 6321 et seq.) is repealed. 

7 (f) RESCISSION OF FUNDS FOR THE OFFICE OF EN8 ERGY EFFICIENCY AND RENEWABLE ENERGY.—Effective 

9 on the date of enactment of this Act, there are rescinded 

10 all unobligated balances of the amounts made available 

11 under the heading ‘‘ENERGY EFFICIENCY AND RENEW12 ABLE ENERGY’’ under the heading ‘‘DEPARTMENT OF 

13 ENERGY ENERGY PROGRAMS’’ under title IV of divi14 sion A of the American Recovery and Reinvestment Act 

15 of 2009 (Public Law 111–5; 123 Stat. 138). 

16 SEC. 902. REDUCTION OF DEPARTMENT FUNDING FOR EN17 ERGY TECHNOLOGY DEVELOPMENT. 

18 (a) ENERGY EFFICIENCY.—Section 911 of the En19 ergy Policy Act of 2005 (42 U.S.C. 16191) is amended— 

20 (1) in subsection (b)— 

21 (A) in paragraph (2), by striking ‘‘and’’ at 

22 the end; 

23 (B) in paragraph (3), by striking ‘‘fiscal 

24 year 2009.’’ and inserting ‘‘for each of fiscal 

25 years 2009 through 2011; and’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(4) $238,000,000 for each of fiscal years 2012 

3 through 2016.’’; and 

4 (2) in subsection (d), by striking ‘‘section 912’’ 

5 and all that follows through the end and inserting 

6 the following: ‘‘section 912— 

7 ‘‘(1) $50,000,000 for each of fiscal years 2010 

8 and 2011; and 

9 ‘‘(2) $12,500,000 for each of fiscal years 2012 

10 through 2016.’’. 

11 (b) RENEWABLE ENERGY.—Section 931(b) of the 

12 Energy Policy Act of 2005 (42 U.S.C. 16231(b)) is 

13 amended— 

14 (1) in paragraph (3), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (4), by striking ‘‘fiscal year 

17 2010.’’ and inserting ‘‘for each of fiscal years 2010 

18 and 2011; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(5) $240,750,000 for each of fiscal years 2012 

21 through 2016.’’. 

22 (c) NUCLEAR ENERGY.—Section 951(b) of the En23 ergy Policy Act of 2005 (42 U.S.C. 16271(b)) is amend24 ed— 


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1 (1) in paragraph (2), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (3), by striking ‘‘fiscal year 

4 2009.’’ and inserting ‘‘for each of fiscal years 2009 

5 through 2011; and’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(5) $123,750,000 for each of fiscal years 2012 

8 through 2016.’’. 

9 (d) FOSSIL ENERGY.—Section 961(b) of the Energy 

10 Policy Act of 2005 (42 U.S.C. 16291(b)) is amended— 

11 (1) in paragraph (2), by striking ‘‘and’’ at the 

12 end; 

13 (2) in paragraph (3), by striking ‘‘fiscal year 

14 2009.’’ and inserting ‘‘for each of fiscal years 2009 

15 through 2011; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(4) $160,250,000 for each of fiscal years 2012 

18 through 2016.’’. 

19 (e) OFFICE OF SCIENCE.—Section 971(b) of the En20 ergy Policy Act of 2005 (42 U.S.C. 16311(b)) is amend21 ed— 

22 (1) in paragraph (5), by adding ‘‘and’’ at the 

23 end; and 

24 (2) by striking paragraphs (6) and (7) and in25 serting the following: 


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1 ‘‘(6) $1,311,750,000 for each of fiscal years 

2 2012 through 2016.’’. 

3 (f) ADVANCED RESEARCH PROJECTS AGENCY—EN4 ERGY.—Section 5012(n)(2) of the America COMPETES 

5 Act (42 U.S.C. 16538(n)(2)) is amended— 

6 (1) in subparagraph (C), by adding ‘‘and’’ at 

7 the end; and 

8 (2) by striking subparagraphs (D) and (E) and 

9 inserting the following: 

10 ‘‘(D) $75,000,000 for each of fiscal years 

11 2012 through 2016.’’. 

12 SEC. 903. PROHIBITION ON REFURBISHMENT OF THE LOS 

13 ALAMOS NEUTRON SCIENCE CENTER 

14 (LANSCE). 

15 Notwithstanding any other provision of law, no funds 

16 made available under this or any other Act may be used 

17 to carry out any refurbishment of the Los Alamos Neutron 

18 Science Center of the Los Alamos National Laboratory, 

19 Los Alamos, New Mexico. 

20 SEC. 904. REPEAL OF ULTRA-DEEPWATER AND UNCONVEN21 TIONAL NATURAL GAS AND OTHER PETRO22 LEUM RESOURCES RESEARCH AND DEVELOP23 MENT PROGRAM. 

24 Subtitle J of title IX of the Energy Policy Act of 

25 2005 (42 U.S.C. 16371 et seq.) is repealed. 


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1 SEC. 905. REDUCTION IN FOSSIL ENERGY RESEARCH AND 

2 DEVELOPMENT. 

3 (a) REPEAL OF OIL AND GAS RESEARCH AND DE4 VELOPMENT PROGRAMS.— 

5 (1) IN GENERAL.—Section 965 of the Energy 

6 Policy Act of 2005 (42 U.S.C. 16295) is repealed. 

7 (2) PROHIBITION.—Notwithstanding any other 

8 provision of law, no funds may be made available for 

9 oil and gas research and development within the fos10 sil energy research and development account of the 

11 Department. 

12 (b) REDUCTION IN FUNDING FOR CARBON CAPTURE

13 AND SEQUESTRATION RESEARCH, DEVELOPMENT, AND

14 DEMONSTRATION.—Section 963(d) of the Energy Policy 

15 Act of 2005 (42 U.S.C. 16293(d)) is amended by striking 

16 paragraph (5) and inserting the following: 

17 ‘‘(5) $184,000,000 for each of fiscal years 2012 

18 through 2016.’’. 

19 SEC. 906. ADMINISTRATIVE EFFICIENCY INITIATIVE. 

20 Not later than 30 days after the date of enactment 

21 of this Act, the President shall issue an Executive order 

22 that provides for administrative costs savings across the 

23 Federal Government, including savings achieved by— 

24 (1) reducing travel and relocation costs, includ25 ing through the use of technologies such as webinars 

26 and videoconferencing; 


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1 (2) eliminating unnecessary printing and copy2 ing costs; 

3 (3) reducing the need to contract for profes4 sional and technical services, and, in cases in which 

5 such services are necessary, buying less, paying 

6 lower rates, and acquiring services using fixed-price 

7 arrangements; and 

8 (4) reducing spending on supplies and materials 

9 by decreasing the overall amount purchased and 

10 purchasing more efficiently. 

11 SEC. 907. DO NOT PAY FRAUD PREVENTION ACTIVITIES. 

12 (a) IN GENERAL.—The Secretary of the Treasury 

13 shall use funds made available to carry out this section 

14 to support the expansion of, and the addition of forensic 

15 fraud detection capabilities to, the list established by the 

16 Presidential memorandum entitled ‘‘Enhancing Payment 

17 Accuracy Through a ‘Do Not Pay List’ ’’ (75 Fed. Reg. 

18 35953 (June 18, 2010)). 

19 (b) REQUIREMENTS.—Of funds made available to 

20 carry out this section, the Secretary of the Treasury shall 

21 use not more than— 

22 (1) $7,000,000— 

23 (A) to procure forensic fraud detection 

24 technology; and 


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1 (B) to hire staff to support an operations 

2 center to analyze fraud patterns, link public 

3 and private sector information, help identify 

4 and prevent fraud and improper payments, and 

5 refer potential issues to agency management 

6 and the relevant Inspector General; and 

7 (2) $3,000,000 to expand the number of data8 bases linked to the ‘‘Do Not Pay’’ list and support 

9 the underlying platform. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $10,000,000 for fiscal year 2012. 

13 Subtitle B—Environmental 

14 Programs 

15 SEC. 911. STATE WATER POLLUTION CONTROL REVOLVING 

16 FUNDS. 

17 (a) TERMINATION OF AUTHORITY.—The State water 

18 pollution control revolving funds program of the Environ19 mental Protection Agency under section 205(m) or title 

20 VI of the Federal Water Pollution Control Act (33 U.S.C. 

21 1285(m); 33 U.S.C. 1381 et seq.) is terminated. 

22 (b) RESCISSION.—Notwithstanding any other provi23 sion of law— 

24 (1) all amounts made available for the State 

25 water pollution control revolving funds program of 


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1 the Environmental Protection Agency under section 

2 205(m) or title VI of the Federal Water Pollution 

3 Control Act (33 U.S.C. 1285(m); 33 U.S.C. 1381 et 

4 seq.) (as in existence on the day before the date of 

5 enactment of this Act) that remain unobligated as of 

6 September 30, 2011, are rescinded; and 

7 (2) no amounts made available after September 

8 30, 2011, for the program referred to in paragraph 

9 (1) (as so in existence) shall be expended, other than 

10 such amounts as are necessary to cover costs in11 curred in terminating ongoing projects and activities 

12 under that program, as determined by the Secretary, 

13 in consultation with other appropriate Federal agen14 cies. 

15 SEC. 912. STATE DRINKING WATER REVOLVING FUNDS. 

16 (a) TERMINATION OF AUTHORITY.—The State drink17 ing water revolving loan funds program of the Environ18 mental Protection Agency under section 1452 of the Safe 

19 Drinking Water Act (42 U.S.C. 300j–12) is terminated. 

20 (b) RESCISSION.—Notwithstanding any other provi21 sion of law— 

22 (1) all amounts made available for State drink23 ing water revolving loan funds program of the Envi24 ronmental Protection Agency under section 1452 of 

25 the Safe Drinking Water Act (42 U.S.C. 300j–12) 


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1 (as in existence on the day before the date of enact2 ment of this Act) that remain unobligated as of Sep3 tember 30, 2011, are rescinded; and 

4 (2) no amounts made available after September 

5 30, 2011, for the program referred to in paragraph 

6 (1) (as so in existence) shall be expended, other than 

7 such amounts as are necessary to cover costs in8 curred in terminating ongoing projects and activities 

9 under that program, as determined by the Secretary, 

10 in consultation with other appropriate Federal agen11 cies. 

12 SEC. 913. PERFORMANCE PARTNERSHIP GRANTS. 

13 (a) TERMINATION OF AUTHORITY.—The perform14 ance partnership grants program of the Environmental 

15 Protection Agency is terminated. 

16 (b) RESCISSION.—Notwithstanding any other provi17 sion of law— 

18 (1) all amounts made available for the perform19 ance partnership grants program of the Environ20 mental Protection Agency (as in existence on the 

21 day before the date of enactment of this Act) that 

22 remain unobligated as of September 30, 2011, are 

23 rescinded; and 

24 (2) no amounts made available after September 

25 30, 2011, for the program referred to in paragraph 


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1 (1) (as so in existence) shall be expended, other than 

2 such amounts as are necessary to cover costs in3 curred in terminating ongoing projects and activities 

4 under that program, as determined by the Secretary, 

5 in consultation with other appropriate Federal agen6 cies. 

7 SEC. 914. POLLUTION CONTROL PROGRAMS. 

8 (a) TERMINATION OF AUTHORITY.—The pollution 

9 control programs of the Environmental Protection Agency 

10 under section 106 of the Federal Water Pollution Control 

11 Act (33 U.S.C. 1256) are terminated. 

12 (b) RESCISSION.—Notwithstanding any other provi13 sion of law— 

14 (1) all amounts made available for the pollution 

15 control programs of the Environmental Protection 

16 Agency under section 106 of the Federal Water Pol17 lution Control Act (33 U.S.C. 1256) (as in existence 

18 on the day before the date of enactment of this Act) 

19 that remain unobligated as of September 30, 2011, 

20 are rescinded; and 

21 (2) no amounts made available after September 

22 30, 2011, for the programs referred to in paragraph 

23 (1) (as so in existence) shall be expended, other than 

24 such amounts as are necessary to cover costs in25 curred in terminating ongoing projects and activities 


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1 under those programs, as determined by the Sec2 retary, in consultation with other appropriate Fed3 eral agencies. 

4 SEC. 915. NONPOINT SOURCE MANAGEMENT PROGRAMS. 

5 (a) TERMINATION OF AUTHORITY.—The nonpoint 

6 source management program of the Environmental Pro7 tection Agency under section 319 of the Federal Water 

8 Pollution Control Act (33 U.S.C. 1329) is terminated. 

9 (b) RESCISSION.—Notwithstanding any other provi10 sion of law— 

11 (1) all amounts made available for the nonpoint 

12 source management program under section 319 of 

13 the Federal Water Pollution Control Act (33 U.S.C. 

14 1329) of the Environmental Protection Agency (as 

15 in existence on the day before the date of enactment 

16 of this Act) that remain unobligated as of September 

17 30, 2011, are rescinded; and 

18 (2) no amounts made available after September 

19 30, 2011, for the program referred to in paragraph 

20 (1) (as so in existence) shall be expended, other than 

21 such amounts as are necessary to cover costs in22 curred in terminating ongoing projects and activities 

23 under that program, as determined by the Secretary, 

24 in consultation with other appropriate Federal agen25 cies. 


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1 SEC. 916. TARGETED WATERSHED GRANTS. 

2 (a) TERMINATION OF AUTHORITY.—The targeted 

3 watershed grants program of the Environmental Protec4 tion Agency is terminated. 

5 (b) RESCISSION.—Notwithstanding any other provi6 sion of law— 

7 (1) all amounts made available for the targeted 

8 watershed grants program of the Environmental 

9 Protection Agency (as in existence on the day before 

10 the date of enactment of this Act) that remain unob11 ligated as of September 30, 2011, are rescinded; and 

12 (2) no amounts made available after September 

13 30, 2011, for the program referred to in paragraph 

14 (1) (as so in existence) shall be expended, other than 

15 such amounts as are necessary to cover costs in16 curred in terminating ongoing projects and activities 

17 under those programs, as determined by the Sec18 retary, in consultation with other appropriate Fed19 eral agencies. 

20 SEC. 917. U.S.-MEXICO BORDER WATER INFRASTRUCTURE 

21 PROGRAM. 

22 (a) TERMINATION OF AUTHORITY.—The U.S.-Mexico 

23 border water infrastructure program of the Environmental 

24 Protection Agency is terminated. 

25 (b) RESCISSION.—Notwithstanding any other provi26 sion of law— 


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1 (1) all amounts made available for the U.S.- 

2 Mexico Border Water Infrastructure Program of the 

3 Environmental Protection Agency (as in existence on 

4 the day before the date of enactment of this Act) 

5 that remain unobligated as of September 30, 2011, 

6 are rescinded; and 

7 (2) no amounts made available after September 

8 30, 2011, for the program referred to in paragraph 

9 (1) (as so in existence) shall be expended, other than 

10 such amounts as are necessary to cover costs in11 curred in terminating ongoing projects and activities 

12 under those programs, as determined by the Sec13 retary, in consultation with other appropriate Fed14 eral agencies. 

15 SEC. 918. TRIBAL ASSISTANCE GRANTS. 

16 (a) TERMINATION OF AUTHORITY.—The tribal as17 sistance grants programs of the Environmental Protection 

18 Agency are terminated. 

19 (b) RESCISSION.—Notwithstanding any other provi20 sion of law— 

21 (1) all amounts made available for the tribal as22 sistance grants programs of the Environmental Pro23 tection Agency (as in existence on the day before the 

24 date of enactment of this Act) that remain unobli25 gated as of September 30, 2011, are rescinded; and 


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1 (2) no amounts made available after September 

2 30, 2011, for the programs referred to in paragraph 

3 (1) (as so in existence) shall be expended, other than 

4 such amounts as are necessary to cover costs in5 curred in terminating ongoing projects and activities 

6 under those programs, as determined by the Sec7 retary, in consultation with other appropriate Fed8 eral agencies. 

9 SEC. 919. PUBLIC WATER SYSTEM SUPERVISION PROGRAM. 

10 (a) TERMINATION OF AUTHORITY.—The public water 

11 system supervision program of the Environmental Protec12 tion Agency under section 1443 of the Safe Water Drink13 ing Act (42 U.S.C. 300j–2) is terminated. 

14 (b) RESCISSION.—Notwithstanding any other provi15 sion of law— 

16 (1) all amounts made available for the public 

17 water system supervision program of the Environ18 mental Protection Agency under section 1443 of the 

19 Safe Water Drinking Act (42 U.S.C. 300j–2) (as in 

20 existence on the day before the date of enactment of 

21 this Act) that remain unobligated as of September 

22 30, 2011, are rescinded; and 

23 (2) no amounts made available after September 

24 30, 2011, for the programs referred to in paragraph 

25 (1) (as so in existence) shall be expended, other than 


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1 such amounts as are necessary to cover costs in2 curred in terminating ongoing projects and activities 

3 under those programs, as determined by the Sec4 retary, in consultation with other appropriate Fed5 eral agencies. 

6 SEC. 920. UNDERGROUND INJECTION CONTROL PROGRAM. 

7 (a) TERMINATION OF AUTHORITY.—The under8 ground injection control program of the Environmental 

9 Protection Agency under part C of the Safe Drinking 

10 Water Act (42 U.S.C. 300h et seq.) is terminated. 

11 (b) RESCISSION.—Notwithstanding any other provi12 sion of law— 

13 (1) all amounts made available for the under14 ground injection control program of the Environ15 mental Protection Agency under part C of the Safe 

16 Drinking Water Act (42 U.S.C. 300h et seq.) (as in 

17 existence on the day before the date of enactment of 

18 this Act) that remain unobligated as of September 

19 30, 2011, are rescinded; and 

20 (2) no amounts made available after September 

21 30, 2011, for the program referred to in paragraph 

22 (1) (as so in existence) shall be expended, other than 

23 such amounts as are necessary to cover costs in24 curred in terminating ongoing projects and activities 

25 under those programs, as determined by the SecVerDate Mar 15 2010 21:23 May 06, 2011 Jkt 099200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S892.IS S892

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1 retary, in consultation with other appropriate Fed2 eral agencies. 

3 SEC. 921. TERMINATION OF DIESEL EMISSIONS REDUCTION 

4 GRANTS. 

5 Subtitle G of title VII of the Energy Policy Act of 

6 2005 (42 U.S.C. 16131 et seq.) is repealed. 

7 SEC. 922. TERMINATION OF LOCAL GOVERNMENT CLIMATE 

8 CHANGE GRANTS. 

9 (a) AMENDMENT.—In the second proviso of the un10 designated matter under the heading ‘‘STATE AND TRIBAL

11 ASSISTANCE GRANTS’’ under the heading ‘‘ENVIRON12 MENTAL PROTECTION AGENCY’’ under title II of division 

13 A of the Department of the Interior, Environment, and 

14 Related Agencies Appropriations Act, 2010 (Public Law 

15 111–88; 123 Stat. 2936), strike ‘‘$10,000,000 shall be for 

16 competitive grants to communities to develop plans and 

17 demonstrate and implement projects which reduce green18 house gas emissions’’. 

19 (b) PROHIBITION.—Notwithstanding any other provi20 sion of law (including regulations), the Secretary shall not 

21 provide any competitive grants to communities for any of 

22 fiscal years 2012 through 2016 to develop plans and dem23 onstrate and implement projects that reduce greenhouse 

24 gas emissions. 


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1 SEC. 923. TERMINATION OF TARGETED AIRSHED GRANTS. 

2 (a) AMENDMENT.—In the second proviso of the un3 designated matter under the heading ‘‘STATE AND TRIBAL

4 ASSISTANCE GRANTS’’ under the heading ‘‘ENVIRON5 MENTAL PROTECTION AGENCY’’ under title II of division 

6 A of the Department of the Interior, Environment, and 

7 Related Agencies Appropriations Act, 2010 (Public Law 

8 111–88; 123 Stat. 2936), strike ‘‘$20,000,000 shall be for 

9 targeted airshed grants in accordance with the terms and 

10 conditions of the joint explanatory statement of the man11 agers accompanying this Act;’’. 

12 (b) PROHIBITION.—Notwithstanding any other provi13 sion of law (including regulations), the Secretary shall not 

14 provide to the State of California for any of fiscal years 

15 2012 through 2016 any targeted airshed grant as de16 scribed in the joint explanatory statement of the managers 

17 accompanying the Department of the Interior, Environ18 ment, and Related Agencies Appropriations Act, 2010 

19 (Public Law 111–88; 123 Stat. 2904). 

20 SEC. 924. TERMINATION OF TARGETED WATER INFRA21 STRUCTURE GRANTS. 

22 (a) AMENDMENT.—In the second proviso of the un23 designated matter under the heading ‘‘STATE AND TRIBAL

24 ASSISTANCE GRANTS’’ under the heading ‘‘ENVIRON25 MENTAL PROTECTION AGENCY’’ under title II of division 

26 A of the Department of the Interior, Environment, and 


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1 Related Agencies Appropriations Act, 2010 (Public Law 

2 111–88; 123 Stat. 2936), strike ‘‘$156,777,000 shall be 

3 for making special project grants and technical corrections 

4 to prior-year grants for the construction of drinking water, 

5 wastewater and storm water infrastructure and for water 

6 quality protection in accordance with the terms and condi7 tions specified for such grants in the joint explanatory 

8 statement of the managers accompanying this Act, and, 

9 for purposes of these grants, each grantee shall contribute 

10 not less than 45 percent of the cost of the project unless 

11 the grantee is approved for a waiver by the Agency;’’. 

12 (b) PROHIBITION.—Notwithstanding any other provi13 sion of law (including regulations), the Secretary shall not 

14 provide to any State or Indian tribe for any of fiscal years 

15 2012 through 2016 any grant to carry out a special 

16 project or technical correction to a prior-year grant for 

17 the construction of drinking water, wastewater, or storm 

18 water infrastructure, or for water quality protection, as 

19 described in the joint explanatory statement of the man20 agers accompanying the Department of the Interior, Envi21 ronment, and Related Agencies Appropriations Act, 2010 

22 (Public Law 111–88; 123 Stat. 2904). 


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1 SEC. 925. REDUCTION IN FUNDING FOR HOMELAND SECU2 RITY ACTIVITIES. 

3 Notwithstanding any other provision of law, for each 

4 of fiscal years 2012 through 2016, the Secretary may use 

5 not more than $104,000,000 to carry out activities relat6 ing to homeland security. 

7 SEC. 926. REDUCTION IN FUNDING FOR GREAT LAKES INI8 TIATIVE. 

9 Notwithstanding any other provision of law, for each 

10 of fiscal years 2012 through 2016, the Secretary may 

11 transfer not more than $350,000,000 of the funds made 

12 available for the Great Lakes Initiative in an appropria13 tions Act under the heading ‘‘ENVIRONMENTAL PROGRAMS

14 AND MANAGEMENT’’ to the head of any Federal depart15 ment or agency, with the concurrence of the head— 

16 (1) to carry out activities that would support 

17 the Great Lakes Restoration Initiative and Great 

18 Lakes Water Quality Agreement programs, projects, 

19 or activities; 

20 (2) to enter into an interagency agreement with 

21 the head of the department or agency to carry out 

22 those activities; or 

23 (3) to make grants to governmental entities, 

24 nonprofit organizations, institutions, and individuals 

25 for planning, research, monitoring, outreach, and 

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1 toration Initiative and the Great Lakes Water Qual2 ity Agreement. 

3 SEC. 927. REDUCTION IN FUNDING FOR NONPOINT SOURCE 

4 MANAGEMENT PROGRAM GRANTS. 

5 Section 319 of the Federal Water Pollution Control 

6 Act (33 U.S.C. 1329) is amended by striking subsection 

7 (j) and inserting the following: 

8 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

9 is authorized to be appropriated to carry out subsections 

10 (h) and (i) for each of fiscal years 2012 through 2016 

11 $165,000,000, to remain available until expended.’’. 

12 SEC. 928. SAVINGS THROUGH MAINTENANCE AGREEMENTS 

13 FOR CAPITAL EQUIPMENT. 

14 (a) ESTABLISHMENT OF PROGRAM.—Not later than 

15 December 31, 2011, the Secretary, acting through the 

16 head of the Office of Acquisition Management (referred 

17 to in this section as the ‘‘Administrator’’), shall establish 

18 and carry out an enterprise-wide strategic sourcing pro19 gram to improve efficiencies and economies in the acquisi20 tion programs of the Environmental Protection Agency. 

21 (b) REQUIREMENTS.—In carrying out the program 

22 under subsection (a), the Administrator shall— 

23 (1) implement strategic sourcing processes 

24 throughout the Environmental Protection Agency 

25 through— 


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1 (A) strategic planning; 

2 (B) an in-depth understanding of internal 

3 purchasing needs; and 

4 (C) insight and knowledge of supply mar5 kets; 

6 (2) apply a centralized, cross-functional, cross7 business unit strategic approach; and 

8 (3) seek out opportunities, such as consoli9 dating capital equipment maintenance agreements, 

10 to create efficiencies and economies of scale and en11 hance the value of acquisitions across the Environ12 mental Protection Agency. 

13 SEC. 929. SAVINGS THROUGH ELECTRONIC EMISSIONS RE14 PORTING. 

15 (a) FINDING.—Congress finds that electronic report16 ing of emissions data to the Environmental Protection 

17 Agency will reduce reporting burdens, increase trans18 parency, and enable integration of multiple data sets, 

19 greatly increasing the ability of the Environmental Protec20 tion Agency to monitor and analyze related compliance 

21 problems. 

22 (b) EXPANSION OF INVESTMENT.—Not later than 

23 December 31, 2012, the Secretary shall— 

24 (1) expand investment in converting the paper25 based regulatory emissions reporting requirements of 


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1 the Environmental Protection Agency, as in exist2 ence on the date of enactment of this Act, to an 

3 electronic reporting requirement; and 

4 (2) invest in advanced monitoring technologies 

5 to streamline and improve emissions data collection 

6 by the Environmental Protection Agency. 

7 SEC. 930. SAVINGS THROUGH REDUCING TRAVEL COSTS 

8 THROUGH VIDEOCONFERENCING. 

9 For fiscal year 2011 and thereafter, the Secretary 

10 shall reduce the costs of the Department to the maximum 

11 extent practicable by expanding the use of videoconferenc12 ing capabilities (including by increasing the number of vid13 eoconferencing locations and interfaces on individual 

14 desktops as an option for employees who frequently travel) 

15 for program staff— 

16 (1) to reduce travel costs; and 

17 (2) to enhance communication among geo18 graphically dispersed staff. 

19 TITLE X—EFFECTIVE DATE AND 

20 INTERIM APPOINTMENTS 

21 SEC. 1001. EFFECTIVE DATE. 

22 (a) IN GENERAL.—Except as provided in subsections 

23 (b) and (d), this Act shall take effect on the earlier of— 

24 (1) 120 days after the Secretary first takes of25 fice; or 


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1 (2) such date as the President may prescribe 

2 and publish in the Federal Register. 

3 (b) APPOINTMENTS AND REGULATIONS.—At any 

4 time after the date of enactment of this Act— 

5 (1) any of the officers provided for in titles II 

6 and IV may be nominated and appointed, as pro7 vided in those titles; and 

8 (2) the Secretary and the Commission may pro9 mulgate regulations pursuant to section 705. 

10 (c) USE OF FUNDS.—Funds available to any depart11 ment or agency (or any official or component of a depart12 ment of agency) functions of which are transferred to the 

13 Secretary or the Commission by this Act, may with the 

14 approval of the Director of the Office of Management and 

15 Budget, be used to pay the compensation and expenses 

16 of any officer appointed pursuant to subsection (b) until 

17 such time as funds for that purpose are otherwise avail18 able. 

19 (d) ELIMINATION OR REDUCTION OF CERTAIN PRO20 GRAMS.—Title IX and the amendments made by title IX 

21 take effect on the date of enactment of this Act. 

22 SEC. 1002. INTERIM APPOINTMENTS. 

23 (a) IN GENERAL.—If one or more officers required 

24 by this Act to be appointed by and with the advice and 

25 consent of the Senate shall not have entered upon office 


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1 on the effective date of this Act, the President may des2 ignate any officer, whose appointment was required to be 

3 made by and with the advice and consent of the Senate, 

4 and who was such an officer immediately prior to the ef5 fective date of the Act, to act in the office until the office 

6 is filled as provided in this Act. 

7 (b) COMPENSATION.—Any person acting in an office 

8 in accordance with subsection (a) shall receive compensa9 tion at the rates provided by this Act for the respective 

10 office in which the person acts. 

Æ 


emcdonald on DSK2BSOYB1PROD with BILLS