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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 892 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Consolidation of 
Department of Energy and Environmental Protection Agency Act of 2011''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

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.
             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.
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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Assets.--The term ``assets'' includes contracts, 
        facilities, property, records, unobligated or unexpended 
        balances of appropriations, and other funds or resources (other 
        than personnel).
            (2) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (3) Department.--The term ``Department'' means the 
        Department of Energy and the Environment.
            (4) Function.--The term ``function'' includes any 
        authority, power, right, privilege, immunity, program, project, 
        activity, duty, and responsibility.
            (5) Local government.--The term ``local government'' 
        means--
                    (A) a county, municipality, city, town, township, 
                local public authority, school district, special 
                district, intrastate district, council of governments 
                (regardless of whether the council of governments is 
                incorporated as a nonprofit corporation under State 
                law), regional or interstate government entity, or 
                agency or instrumentality of a local government;
                    (B) an Indian tribe or authorized tribal 
                organization or, in the State of Alaska, a Native 
                village or Alaska Regional Native Corporation; and
                    (C) a rural community, unincorporated town or 
                village, or other public entity.
            (6) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (7) Perform.--The term ``perform'', with respect to a 
        function, includes--
                    (A) the undertaking, fulfillment, or execution of 
                any duty or obligation; and
                    (B) the exercise of any power, authority, right, or 
                privilege.
            (8) Personnel.--The term ``personnel'' means officers and 
        employees.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy and the Environment.
            (10) State.--The term ``State'' means--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands; and
                    (G) any other territory or possession of the United 
                States.
            (11) United states.--The term ``United States'', when used 
        in a geographical sense, means--
                    (A) all of the States; and
                    (B) any waters within the jurisdiction of the 
                United States.

                       TITLE I--MISSION AND GOALS

SEC. 101. MISSION.

    The primary mission of the Department is to ensure the security and 
prosperity of the United States by--
            (1) protecting human health;
            (2) safeguarding the natural environment; and
            (3) addressing the energy, environmental, and nuclear 
        challenges of the United States through transformative science 
        and technology solutions.

SEC. 102. GOALS.

    The goals of the Department are--
            (1) to catalyze the timely, material, and efficient 
        transformation of the energy system of the United States and 
        secure the leadership of the United States in energy 
        technologies;
            (2) to maintain a vibrant effort in science and engineering 
        as a cornerstone of the economic prosperity of the United 
        States, with clear leadership in strategic areas;
            (3) to protect human health and safeguard the natural 
        environment; and
            (4) to enhance nuclear security through defense, 
        nonproliferation, and environmental efforts.

SEC. 103. RELATIONSHIP WITH STATES.

    (a) In General.--If any proposed action by the Department conflicts 
with the energy or environment plan of any State, the Department 
shall--
            (1) give due consideration to the needs of the State; and 
        if practicable, attempt to resolve the conflict through 
        consultations with appropriate State officials.
    (b) State Matters.--Nothing in this Act shall affect the authority 
of any State over matters exclusively within the jurisdiction of the 
State.

                 TITLE II--ESTABLISHMENT OF DEPARTMENT

SEC. 201. ESTABLISHMENT.

    (a) Establishment.--There is established at the seat of government 
an executive department to be known as the Department of Energy and the 
Environment.
    (b) Secretary.--There shall be at the head of the Department a 
Secretary of Energy and the Environment, who shall be appointed by the 
President by and with the advice and consent of the Senate.
    (c) Administration.--The Department shall be administered, in 
accordance with this Act, under the supervision and direction of the 
Secretary.

SEC. 202. PRINCIPAL OFFICERS.

    (a) Deputy Secretary.--
            (1) In general.--There shall be in the Department a Deputy 
        Secretary, who shall be appointed by the President, by and with 
        the advice and consent of the Senate.
            (2) Duties.--The Deputy Secretary shall act for and 
        exercise the functions of the Secretary during the absence or 
        disability of the Secretary or in the event the office of 
        Secretary becomes vacant.
            (3) Order of succession.--The Secretary shall designate the 
        order in which the Under Secretaries and other officials shall 
        act for and perform the functions of the Secretary during the 
        absence or disability of both the Secretary and Deputy 
        Secretary or in the event of vacancies in both of those 
        offices.
    (b) Under Secretary of Environment.--
            (1) In general.--There shall be in the Department an Under 
        Secretary for Environment, who shall be appointed by the 
        President, by and with the advice and consent of the Senate.
            (2) Duties.--The Under Secretary for Environment shall 
        perform such functions and duties as the Secretary shall 
        prescribe, consistent with this Act.
    (c) Under Secretary of Nuclear Security.--
            (1) In general.--There shall be in the Department an Under 
        Secretary for Nuclear Security, who shall be appointed by the 
        President, by and with the advice and consent of the Senate.
            (2) Qualifications.--The Under Secretary for Nuclear 
        Security shall be appointed from among individuals who--
                    (A) have extensive backgrounds in national 
                security, organizational management, and appropriate 
                technical fields; and
                    (B) are well qualified to manage the nuclear 
                weapons, nonproliferation, and materials disposition 
                programs of the National Nuclear Security 
                Administration in a manner that advances and protects 
                the national security of the United States.
            (3) Administrator for nuclear security.--
                    (A) In general.--The Under Secretary for Nuclear 
                Security shall serve as the Administrator for Nuclear 
                Security under section 3212 of the National Nuclear 
                Security Administration Act (50 U.S.C. 2402).
                    (B) Functions.--
                            (i) In general.--In carrying out the 
                        functions of the Administrator, the Under 
                        Secretary shall be subject to the authority, 
                        direction, and control of the Secretary.
                            (ii) Delegation.--The authority, direction, 
                        and control of the Secretary may be delegated 
                        only to the Deputy Secretary of Energy and the 
                        Environment, without redelegation.
    (d) Under Secretary for Science.--
            (1) In general.--There shall be in the Department an Under 
        Secretary for Science, who shall be appointed by the President, 
        by and with the advice and consent of the Senate.
            (2) Qualifications.--The Under Secretary for Science shall 
        be appointed from among individuals who--
                    (A) have extensive background in scientific or 
                engineering fields; and
                    (B) are well qualified to manage the civilian 
                research and development programs of the Department.
            (3) Duties.--The Under Secretary for Science shall--
                    (A) serve as the Science and Technology Advisor to 
                the Secretary;
                    (B) monitor the research and development programs 
                of the Department in order to advise the Secretary with 
                respect to any undesirable duplication or gaps in the 
                programs;
                    (C) advise the Secretary with respect to the well-
                being and management of the multipurpose laboratories 
                under the jurisdiction of the Department;
                    (D) advise the Secretary with respect to education 
                and training activities required for effective short- 
                and long-term basic and applied research activities of 
                the Department;
                    (E) advise the Secretary with respect to grants and 
                other forms of financial assistance required for 
                effective short- and long-term basic and applied 
                research activities of the Department;
                    (F) advise the Secretary with respect to long-term 
                planning, coordination, and development of a strategic 
                framework for Department research and development 
                activities; and
                    (G) carry out such additional duties that the 
                Secretary assigns to the Under Secretary relating to 
                basic and applied research, including supervision or 
                support of research activities carried out by any of 
                the Assistant Secretaries designated by section 203, as 
                the Secretary determines appropriate.
    (e) Under Secretary of Energy.--
            (1) In general.--There shall be in the Department an Under 
        Secretary of Energy, who shall be appointed by the President, 
        by and with the advice and consent of the Senate.
            (2) Duties.--The Under Secretary of Energy shall perform 
        such functions and duties as the Secretary shall prescribe, 
        consistent with this Act.
    (f) General Counsel.--
            (1) In general.--There shall be in the Department a General 
        Counsel, who shall be appointed by the President, by and with 
        the advice and consent of the Senate.
            (2) Duties.--The General Counsel shall perform such 
        functions and duties as the Secretary shall prescribe, 
        consistent with this Act.

SEC. 203. ASSISTANT SECRETARIES.

    (a) In General.--There shall be in the Department 18 Assistant 
Secretaries, each of whom shall be appointed by the President, by and 
with the advice and consent of the Senate.
    (b) Functions.--The Assistant Secretaries shall perform such 
functions of the Secretary as are prescribed by the Secretary, 
including the following:
            (1) Air and radiation functions.
            (2) Enforcement and compliance assurance functions.
            (3) Legacy management functions.
            (4) Solid waste and emergency response functions.
            (5) Environmental research and development functions.
            (6) Water functions.
            (7) Chemical safety and pollution prevention functions.
            (8) Environmental management functions.
            (9) Energy resource applications, including functions 
        dealing with management of all forms of energy production and 
        utilization, including fuel supply, electric power supply, 
        enriched uranium production, energy technology programs, and 
        the management of energy resource leasing procedures on Federal 
        land.
            (10) Energy research and development functions, including 
        the responsibility for policy and management of research and 
        development for all aspects of--
                    (A) solar energy resources;
                    (B) geothermal energy resources;
                    (C) recycling energy resources;
                    (D) the fuel cycle for fossil energy resources; and
                    (E) the fuel cycle for nuclear energy resources.
            (11) Environmental responsibilities and functions, 
        including--
                    (A) advising the Secretary with respect to the 
                conformance of the activities of the Department to 
                environmental protection laws and principles; and
                    (B) conducting a comprehensive program of research 
                and development on the environmental effects of energy 
                technologies and programs.
            (12) International programs and international policy 
        functions, including functions that assist in promoting 
        international energy.
            (13) Intergovernmental policies and relations, including 
        responsibilities for ensuring that--
                    (A) national energy policies are reflective of and 
                responsible to the needs of State and local 
                governments; and
                    (B) other components of the Department coordinate 
                activities with State and local governments, if 
                appropriate, and develop intergovernmental 
                communications with State and local governments.
            (14) Competition and consumer affairs, including 
        responsibilities for--
                    (A) the promotion of competition in the energy 
                industry;
                    (B) the protection of the consuming public in the 
                energy policymaking processes; and
                    (C) assisting the Secretary in the formulation and 
                analysis of policies, rules, and regulations relating 
                to competition and consumer affairs.
            (15) Nuclear waste management responsibilities, including--
                    (A) the establishment of control over existing 
                Federal Government facilities for the treatment and 
                storage of nuclear wastes, including all containers, 
                casks, buildings, vehicles, equipment, and all other 
                materials associated with the facilities;
                    (B) the establishment of control over all existing 
                nuclear waste in the possession or control of the 
                Federal Government and all commercial nuclear waste 
                presently stored on site (other than the site of a 
                licensed nuclear power electric generating facility), 
                except that nothing in this paragraph shall alter or 
                effect title to the waste;
                    (C) the establishment of temporary and permanent 
                facilities for storage, management, and ultimate 
                disposal of nuclear wastes;
                    (D) the establishment of facilities for the 
                treatment of nuclear wastes;
                    (E) the establishment of programs for the 
                treatment, management, storage, and disposal of nuclear 
                wastes;
                    (F) the establishment of fees or user charges for 
                nuclear waste treatment or storage facilities, 
                including fees to be charged Federal Government 
                agencies; and
                    (G) the promulgation of rules and regulations to 
                implement the authority described in this paragraph, 
                except that nothing in this section grants to the 
                Department regulatory functions of the Nuclear 
                Regulatory Commission, or any additional related 
                functions, as of the date of enactment of this Act.
            (16) Energy conservation functions, including--
                    (A) the development of comprehensive energy 
                conservation strategies for the United States;
                    (B) the planning and implementation of major 
                research and demonstration programs for the development 
                of technologies and processes to reduce total energy 
                consumption;
                    (C) the administration of voluntary and mandatory 
                energy conservation programs; and
                    (D) the dissemination to the public of all 
                available information on energy conservation programs 
                and measures.
            (17) Power marketing functions, including responsibility 
        for marketing and transmission of Federal power.
            (18) Public and congressional relations functions, 
        including responsibilities for providing a continuing liaison 
        between the Department and Congress and the Department and the 
        public.
    (c) Specific Functions.--At the time the name of any individual is 
submitted for confirmation to the position of Assistant Secretary, the 
President shall identify with particularity the one or more functions 
described in subsection (b) (or any portion of the function) for which 
the individual will be responsible.

SEC. 204. OTHER OFFICERS.

    (a) Inspector General.--There is an Inspector General of the 
Department, who shall be appointed as provided in section 3(a) of the 
Inspector General Act of 1978 (5 U.S.C. App.).
    (b) Other Officers.--To assist the Secretary in the performance of 
the functions of the Secretary, there are the following officers of the 
Department, who shall be appointed by the Secretary:
            (1) A Chief Financial Officer.
            (2) A Congressional and Intergovernmental Affairs Officer.
            (3) A Community and Public Affairs Officer.
            (4) A Management and Human Resources Officer.
            (5) A Hearings and Appeals Officer.
            (6) A Chief Information Officer.
            (7) An Intelligence and Counterintelligence Officer.
    (c) Performance of Specific Functions.--Subject to this Act, each 
officer of the Department shall perform the functions specified by law 
for the office of the official or prescribed by the Secretary.

SEC. 205. FEDERAL ENERGY REGULATORY COMMISSION.

    (a) In General.--There shall be within the Department, a Federal 
Energy Regulatory Commission established in accordance with title III.
    (b) Qualifications.--The Chair and members of the Commission shall 
be individuals who, by demonstrated ability, background, training, or 
experience, are specially qualified to assess fairly the needs and 
concerns of all interests affected by Federal energy policy.

SEC. 206. ENERGY AND ENVIRONMENTAL INFORMATION ADMINISTRATION.

    (a) In General.--There shall be within the Department an Energy and 
Environmental Information Administration.
    (b) Administrator.--
            (1) In general.--The Energy and Environmental Information 
        Administration shall be headed by an Administrator who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Qualifications.--The Administrator shall be a person 
        who, by reason of professional background and experience, is 
        specially qualified to manage an energy and environmental 
        information system.
            (3) Duties.--The Administrator shall be responsible for 
        carrying out a central comprehensive, and unified energy data 
        and information program that will collect, evaluate, assemble, 
        analyze, and disseminate data and information that is relevant 
        to--
                    (A) energy resource reserves, energy production, 
                demand, and technology, environmental protection, and 
                related economic and statistical information; or
                    (B) the adequacy of energy resources to meet 
                demands in the near and longer term future for the 
                economic and social needs of the United States.
    (c) Functions.--
            (1) In general.--The Secretary shall delegate to the 
        Administrator the functions vested in Federal law relating to 
        gathering, analysis, and dissemination of energy and 
        environmental information.
            (2) Enforcement.--The Administrator may act in the name of 
        the Secretary for the purpose of obtaining enforcement of the 
        delegated functions.
            (3) Additional functions.--
                    (A) In general.--There shall be vested in the 
                Administrator, and the Administrator shall perform, the 
                functions assigned to the Director of the Office of 
                Energy Information and Analysis under part B of the 
                Federal Energy Administration Act of 1974 (15 U.S.C. 
                790 et seq.).
                    (B) Administration.--Sections 53(d) and 59 of the 
                Federal Energy Administration Act of 1974 (15 U.S.C. 
                790b(d), 790h) shall apply to the Administrator in the 
                performance of any function under this Act.
    (d) Approval.--The Administrator shall not be required to obtain 
the approval of any other officer or employee of the Department in 
connection with--
            (1) the collection or analysis of any information; or
            (2) prior to publication, the substance of any statistical 
        or forecasting technical reports that the Administrator has 
        prepared in accordance with law.
    (e) Audit Reviews.--The Energy and Environmental Information 
Administration shall be subject to an annual professional audit review 
of performance.
    (f) Furnishing of Information to Department.--On request, the 
Administrator shall promptly provide any information or analysis 
obtained under this section to any other administration, commission, or 
office within the Department.
    (g) Public Availability.--
            (1) In general.--Subject to paragraphs (2) and (3), 
        information collected by the Energy Information Administration 
        shall be cataloged and, on request, promptly made available to 
        the public in a form and manner easily adaptable for public 
        use.
            (2) Exempted matters.--This subsection shall not require 
        disclosure of matters exempted from mandatory disclosure by 
        section 552(b) of title 5, United States Code.
            (3) Administration.--Section 11(d) of the Energy Supply and 
        Environmental Coordination Act of 1974 (15 U.S.C. 796(d)), and 
        section 17 of the Federal Nonnuclear Energy Research and 
        Development Act of 1974 (42 U.S.C. 5916), shall continue to 
        apply to any information obtained by the Administrator under 
        those provisions.
    (h) Major Energy-Producing Companies.--
            (1) Definitions.--In this subsection:
                    (A) Energy-producing company.--The term ``energy-
                producing company'' means a person engaged in--
                            (i) ownership or control of mineral fuel 
                        resources or nonmineral energy resources;
                            (ii) exploration for, or development of, 
                        mineral fuel resources;
                            (iii) extraction of mineral fuel or 
                        nonmineral energy resources;
                            (iv) refining, milling, or otherwise 
                        processing mineral fuels or nonmineral energy 
                        resources;
                            (v) storage of mineral fuels or nonmineral 
                        energy resources;
                            (vi) the generation, transmission, or 
                        storage of electrical energy;
                            (vii) transportation of mineral fuels or 
                        nonmineral energy resources by any means 
                        whatever; or
                            (viii) wholesale or retail distribution of 
                        mineral fuels, nonmineral energy resources or 
                        electrical energy.
                    (B) Energy industry.--The term ``energy industry'' 
                means all energy-producing companies.
                    (C) Person.--The ``person'' has the meaning given 
                the term in section 11(e) of the Energy Supply and 
                Environmental Coordination Act of 1974 (15 U.S.C. 
                796(e)).
            (2) Identification and designation.--
                    (A) In general.--In addition to the acquisition, 
                collection, analysis, and dissemination of energy 
                information pursuant to this section, the Administrator 
                shall identify and designate major energy-producing 
                companies that alone or with their affiliates are 
                involved in one or more lines of commerce in the energy 
                industry in a manner that the energy information 
                collected from the major energy-producing companies 
                shall provide a statistically accurate profile of each 
                line of commerce in the energy industry in the United 
                States.
                    (B) Administration.--In carrying out this 
                subsection, the Administrator shall--
                            (i) use, to the maximum extent practicable 
                        and consistent with this Act, reliable 
                        statistical sampling techniques; and
                            (ii) otherwise give priority to the 
                        minimization of the reporting of energy 
                        information by small businesses.
            (3) Financial report.--
                    (A) In general.--The Administrator shall develop 
                and make effective for use the format for an energy-
                producing company financial report.
                    (B) Use.--The report shall be designed to allow 
                comparison on a uniform and standardized basis among 
                energy-producing companies and shall permit for the 
                energy-related activities of the energy-producing 
                companies--
                            (i) an evaluation of company revenues, 
                        profits, cash flow, and investments in total, 
                        for the energy-related lines of commerce in 
                        which the company is engaged and for all 
                        significant energy-related functions within the 
                        energy-producing companies;
                            (ii) an analysis of the competitive 
                        structure of sectors and functional groupings 
                        within the energy industry;
                            (iii) the segregation of energy 
                        information, including financial information, 
                        describing company operations by energy source 
                        and geographic area;
                            (iv) the determination of costs associated 
                        with exploration, development, production, 
                        processing, transportation, and marketing and 
                        other significant energy-related functions 
                        within the energy-producing companies; and
                            (v) such other analysis or evaluations as 
                        the Administrator finds necessary to carry out 
                        this Act.
            (4) Accounting practices.--The Administrator shall--
                    (A) consult with the Chairman of the Securities and 
                Exchange Commission with respect to the development of 
                accounting practices required by the Energy Policy and 
                Conservation Act (42 U.S.C. 6201 et seq.) to be 
                followed by persons engaged in whole or in part in the 
                production of crude oil and natural gas; and
                    (B) ensure, to the maximum extent practicable, that 
                the energy-producing company financial report described 
                in paragraph (3) is consistent with the accounting 
                practices, if applicable.
            (5) Frequency.--The Administrator--
                    (A) shall require each major energy-producing 
                company to file with the Administrator an energy-
                producing company financial report on at least an 
                annual basis; and
                    (B) may request energy information described in the 
                report on a quarterly basis if the Administrator 
                determines that the quarterly report of information 
                will substantially assist in achieving the purposes of 
                this Act.
            (6) Summary.--A summary of information gathered pursuant to 
        this section, accompanied by such analysis as the Administrator 
        considers appropriate, shall be included in the annual report 
        of the Department required by section 626.
            (7) Disclosure of confidential information.--Section 1905 
        of title 18, United States Code, shall apply to any information 
        obtained by the Administration pursuant to this subsection.
    (i) Surveys of Energy Consumption.--
            (1) In general.--The Administrator shall conduct and 
        publish the results of a survey of energy consumption in the 
        manufacturing industries in the United States at least once 
        every 2 years.
            (2) Confidentiality.--The Administrator shall conduct the 
        surveys in a manner designed to protect the confidentiality of 
        individual responses.
            (3) Information.--In conducting the survey, the 
        Administrator shall collect information, including information 
        on--
                    (A) the quantity of fuels consumed;
                    (B) energy expenditures;
                    (C) fuel-switching capabilities; and
                    (D) the use of nonpurchased sources of energy, such 
                as solar, wind, biomass, geothermal, waste by-products, 
                and cogeneration.
            (4) Relationship to other authority.--This subsection does 
        not affect the authority of the Administrator to collect data 
        under section 52 of the Federal Energy Administration Act of 
        1974 (15 U.S.C. 790a).
    (j) Collection and Publication of Survey Results.--
            (1) Definition of renewable energy resources.--In this 
        subsection, the term ``renewable energy resources'' includes 
        energy derived from solar thermal, geothermal, biomass, wind, 
        and photovoltaic resources.
            (2) Surveys.--The Administrator shall annually collect and 
        publish the results of a survey of electricity production from 
        domestic renewable energy resources, including production in 
        kilowatt hours, total installed capacity, capacity factor, and 
        any other measures of production efficiency.
            (3) Energy resources.--The results of the survey shall 
        distinguish between various renewable energy resources.
            (4) Administration.--In carrying out this subsection, the 
        Administrator shall--
                    (A) use, to the maximum extent practicable, 
                reliable statistical sampling techniques; and
                    (B) otherwise take into account the reporting 
                burdens of energy information by small businesses.
    (k) Survey Procedure.--Pursuant to section 52(a) of the Federal 
Energy Administration Act of 1974 (15 U.S.C. 790a(a)), the 
Administrator shall--
            (1) conduct surveys of residential and commercial energy 
        use at least once every 3 years and make the results of the 
        surveys available to the public;
            (2) when surveying electric utilities, collect information 
        on demand-side management programs conducted by the utilities, 
        including information regarding--
                    (A) the types of demand-side management programs 
                being operated;
                    (B) the quantity of measures installed;
                    (C) expenditures on demand-side management 
                programs; and
                    (D) estimates of energy savings resulting from the 
                programs, including whether the savings estimates were 
                verified; and
            (3) in carrying out this subsection, take into account 
        reporting burdens and the protection of proprietary information 
        as required by law.
    (l) Data Collection.--In order to improve the ability to evaluate 
the effectiveness of the energy efficiency policies and programs of the 
United States, the Administrator shall, in collecting data under 
subsections (i) and (k), consider--
            (1) expanding the survey instruments to include questions 
        regarding participation in Federal and utility conservation 
        programs;
            (2) expanding fuel-use surveys in order to provide greater 
        detail on energy use by user subgroups; and
            (3) expanding the scope of data collection on energy 
        efficiency and load-management programs, including the effects 
        of building construction practices, such as practices designed 
        to obtain peak load shifting.
    (m) Renewable Fuels Survey.--
            (1) In general.--To improve the ability to evaluate the 
        effectiveness of the renewable fuels mandate of the United 
        States, the Administrator shall conduct and publish the results 
        of a survey of renewable fuels demand in the motor vehicle 
        fuels market in the United States monthly.
            (2) Confidentiality.--The Administrator shall conduct the 
        survey in a manner designed to protect the confidentiality of 
        individual responses.
            (3) Information.--In conducting the survey, the 
        Administrator shall collect information both on a national and 
        regional basis, including each of the following:
                    (A) The quantity of renewable fuels produced.
                    (B) The quantity of renewable fuels blended.
                    (C) The quantity of renewable fuels imported.
                    (D) The quantity of renewable fuels demanded.
                    (E) Market price data.
                    (F) Such other analyses or evaluations as the 
                Administrator finds are necessary to achieve the 
                purposes of this section.
            (4) Prior years.--The Administrator shall collect or 
        estimate information both on a national and regional basis, 
        pursuant to subparagraphs (A) through (F) of paragraph (3), for 
        the 5 years prior to implementation of this subsection.
            (5) National energy information system.--This subsection 
        does not affect the authority of the Administrator to collect 
        data under section 52 of the Federal Energy Administration Act 
        of 1974 (15 U.S.C. 790a).

SEC. 207. COMPTROLLER GENERAL FUNCTIONS.

    The functions of the Comptroller General of the United States under 
section 12 of the Federal Energy Administration Act of 1974 (15 U.S.C. 
771) shall apply with respect to the monitoring and evaluation of all 
functions and activities of the Department under this Act or any other 
Act administered by the Department.

SEC. 208. OFFICE OF SCIENCE.

    (a) In General.--There shall be within the Department an Office of 
Science to be headed by a Director, who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (b) Director.--It shall be the duty and responsibility of the 
Director--
            (1) to advise the Secretary with respect to the physical 
        research programs of the Department;
            (2) to monitor the energy and environmental research and 
        development programs of the Secretary in order to advise the 
        Secretary with respect to any undesirable duplication or gaps 
        in the programs;
            (3) to advise the Secretary with respect to the well-being 
        and management of the multipurpose laboratories under the 
        jurisdiction of the Department, excluding laboratories that 
        constitute part of the nuclear weapons complex;
            (4) to advise the Secretary with respect to education and 
        training activities required for effective short- and long-term 
        basic and applied research activities of the Department;
            (5) to advise the Secretary with respect to grants and 
        other forms of financial assistance required for effective 
        short- and long-term basic and applied research activities of 
        the Department; and
            (6) to carry out such additional duties assigned to the 
        Office by the Secretary.

SEC. 209. ESTABLISHMENT OF POLICY FOR NATIONAL NUCLEAR SECURITY 
              ADMINISTRATION.

    (a) In General.--The Secretary shall be responsible for 
establishing policy for the National Nuclear Security Administration.
    (b) Review of Programs and Activities.--The Secretary may direct 
officials of the Department who are not within the National Nuclear 
Security Administration--
            (1) to review the programs and activities of the 
        Administration; and
            (2) to make recommendations to the Secretary regarding 
        administration of those programs and activities, including 
        consistency with other similar programs and activities of the 
        Department.
    (c) Staff.--The Secretary shall provide adequate staff to carry out 
this section.

SEC. 210. ESTABLISHMENT OF SECURITY, COUNTERINTELLIGENCE, AND 
              INTELLIGENCE POLICIES.

    (a) In General.--The Secretary shall be responsible for developing 
and promulgating the security, counterintelligence, and intelligence 
policies of the Department.
    (b) Staff.--The Secretary may use the immediate staff of the 
Secretary to assist in developing and promulgating those policies.
    (c) Intelligence Executive Committee.--
            (1) In general.--There is within the Department an 
        Intelligence Executive Committee.
            (2) Composition.--The Committee shall consist of--
                    (A) the Deputy Secretary of Energy and the 
                Environment, who shall chair the Committee; and
                    (B) each Under Secretary of the Department.
            (3) Staff.--The Committee shall be staffed by the Director 
        of the Office of Intelligence and Counterintelligence.
            (4) Use.--The Secretary shall use the Committee to assist 
        in developing and promulgating the counterintelligence and 
        intelligence policies, requirements, and priorities of the 
        Department.
    (d) Budget Requests.--
            (1) In general.--In the budget justification materials 
        submitted to Congress in support of each budget submitted by 
        the President to Congress under title 31, United States Code, 
        the amounts requested for the Department for intelligence 
        functions and the amounts requested for the Department for 
        counterintelligence functions shall each be specified in 
        appropriately classified individual, dedicated program 
        elements.
            (2) National nuclear security administration.--Within the 
        amounts requested for counterintelligence functions, the 
        amounts requested for the National Nuclear Security 
        Administration shall be specified separately from the amounts 
        requested for other elements of the Department.

SEC. 211. OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE.

    (a) In General.--There is within the Department an Office of 
Intelligence and Counterintelligence.
    (b) Director.--
            (1) In general.--The head of the Office shall be the 
        Director of the Office of Intelligence and Counterintelligence, 
        who shall be an employee in--
                    (A) the Senior Executive Service;
                    (B) the Senior Intelligence Service;
                    (C) the Senior National Intelligence Service; or
                    (D) any other Service that the Secretary, in 
                coordination with the Director of National 
                Intelligence, considers appropriate.
            (2) Reporting to secretary.--The Director of the Office 
        shall report directly to the Secretary.
            (3) Qualifications.--The Secretary shall select the 
        Director of the Office from among individuals who have 
        substantial expertise in matters relating to foreign 
        intelligence and counterintelligence.
            (4) Details.--
                    (A) In general.--The Director of the Federal Bureau 
                of Investigation may detail, on a reimbursable basis, 
                any employee of the Bureau to the Department for 
                service as Director of the Office.
                    (B) Benefits.--The service of an employee of the 
                Bureau as Director of the Office shall not result in 
                any loss of status, right, or privilege by the employee 
                within the Bureau.
    (c) Duties.--The Director of the Office shall--
            (1) establish policy for intelligence and 
        counterintelligence programs and activities at Department 
        facilities in order to reduce the threat of disclosure or loss 
        of classified and other sensitive information at the 
        facilities;
            (2) establish policy for the personnel assurance programs 
        of the Department;
            (3) inform the Secretary, the Director of Central 
        Intelligence, and the Director of the Federal Bureau of 
        Investigation on a regular basis, and on specific request by 
        any such official, regarding the status and effectiveness of 
        the intelligence and counterintelligence programs and 
        activities at Department facilities; and
            (4) perform such duties and exercise such powers as the 
        Secretary may prescribe.
    (d) Reports.--
            (1) In general.--Not later than March 1 each year, the 
        Director of the Office shall submit a report on the status and 
        effectiveness of the intelligence and counterintelligence 
        programs and activities at each Department facility during the 
        preceding year.
            (2) Recipients.--Each such report shall be submitted to the 
        following:
                    (A) The Secretary.
                    (B) The Director of National Intelligence.
                    (C) The Director of the Federal Bureau of 
                Investigation.
                    (D) The Committee on Armed Services and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
                    (E) The Committee on Armed Services and the Select 
                Committee on Intelligence of the Senate.
            (3) Contents.--Each such report shall include for the year 
        covered by the report the following:
                    (A) A description of the status and effectiveness 
                of the intelligence and counterintelligence programs 
                and activities at Department facilities.
                    (B) A description of any violation of law or other 
                requirement relating to intelligence, 
                counterintelligence, or security at such facilities, 
                including--
                            (i) the number of violations that were 
                        investigated; and
                            (ii) the number of violations that remain 
                        unresolved.
                    (C) A description of the number of foreign visitors 
                to Department facilities, including the locations of 
                the visits of the visitors.
                    (D) The adequacy of the procedures and policies of 
                the Department for protecting national security 
                information, making such recommendations to Congress as 
                may be appropriate.
                    (E) A determination of whether each National 
                Laboratory is in full compliance with all departmental 
                security requirements and, in the case of any such 
                National Laboratory that is not in full compliance, 
                what measures are being taken to bring the National 
                Laboratory into compliance.
            (4) Certification by national laboratories.--Not later than 
        30 days before the date that the report required by paragraph 
        (1) is submitted, the director of each National Laboratory 
        shall certify in writing to the Director of the Office whether 
        the National Laboratory is in full compliance with all 
        departmental security requirements and, if not, what measures 
        are being taken to bring that laboratory into compliance and a 
        schedule for implementing those measures.
            (5) Form.--Each report under this subsection as submitted 
        to the committees referred to in subparagraphs (D) and (E) of 
        paragraph (2) shall be submitted in unclassified form, but may 
        include a classified annex.

SEC. 212. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS.

    (a) In General.--There is established within the Department an 
Office of Indian Energy Policy and Programs (referred to in this 
section as the ``Office'').
    (b) Director.--The Office shall be headed by a Director, who shall 
be appointed by the Secretary.
    (c) Duties.--The Director, in accordance with Federal policies 
promoting Indian self-determination and the purposes of this Act, shall 
provide, direct, foster, coordinate, and implement energy and 
environmental planning, education, management, conservation, and 
delivery programs of the Department that--
            (1) promote Indian tribal energy development, efficiency, 
        and use;
            (2) reduce or stabilize energy costs;
            (3) enhance and strengthen Indian tribal energy and 
        economic infrastructure relating to natural resource 
        development and electrification; and
            (4) bring electrical power and service to Indian land and 
        the homes of tribal members located on Indian land or acquired, 
        constructed, or improved (in whole or in part) with Federal 
        funds.

                    TITLE III--TRANSFER OF FUNCTIONS

SEC. 301. TRANSFER OF FUNCTIONS.

    Except as otherwise provided in this Act, there are transferred to, 
and vested in, the Secretary all of the functions provided by law (as 
of the date of enactment of this Act) to--
            (1) the Secretary of Energy;
            (2) the Administrator of the Environmental Protection 
        Agency; and
            (3) the officers and components of the Department of Energy 
        and the Environmental Protection Agency.

SEC. 302. POWER ADMINISTRATIONS.

    (a) In General.--There are transferred to, and vested in, the 
Secretary all functions of the Secretary of Energy with respect to--
            (1) the Southeastern Power Administration;
            (2) the Southwestern Power Administration;
            (3) the Bonneville Power Administration, including the 
        authority contained in the Bonneville Project Act of 1937 (16 
        U.S.C. 832 et seq.) and the Federal Columbia River Transmission 
        System Act (16 U.S.C. 838 et seq.);
            (4) the power marketing functions of the Bureau of 
        Reclamation, including the construction, operation, and 
        maintenance of transmission lines and attendant facilities; and
            (5) the transmission and disposition of the electric power 
        and energy generated at Falcon Dam and Amistad Dam, 
        international storage reservoir projects on the Rio Grande, 
        pursuant to the Act of June 18, 1954 (68 Stat. 255, chapter 
        310).
    (b) Administration.--
            (1) In general.--The Southeastern Power Administration, the 
        Southwestern Power Administration, and the Bonneville Power 
        Administration, shall be preserved as separate and distinct 
        organizational entities within the Department.
            (2) Administrator.--Each entity shall be headed by an 
        Administrator appointed by the Secretary.
            (3) Functions.--The functions transferred to the Secretary 
        in paragraphs (1) through (4) of subsection (a) shall be 
        exercised by the Secretary, acting by and through the 
        Administrators.
            (4) Office.--Each Administrator shall maintain the 
        principal office of the Administrator at a place located in the 
        region served by the respective Federal power marketing entity.
    (c) Dams.--
            (1) In general.--The functions transferred under subsection 
        (a)(5) shall be exercised by the Secretary, acting by and 
        through a separate and distinct Administration within the 
        Department which shall be headed by an Administrator appointed 
        by the Secretary.
            (2) Regional offices.--The Administrator shall establish 
        and maintain such regional offices as necessary to facilitate 
        the performance of the functions.
            (3) Reallocation of costs.--Neither the transfer of 
        functions effected by subsection (a)(5) nor any changes in cost 
        allocation or project evaluation standards shall be considered 
        to authorize the reallocation of joint costs of multipurpose 
        facilities allocated unless and to the extent that the change 
        is approved by Congress.

             TITLE IV--FEDERAL ENERGY REGULATORY COMMISSION

SEC. 401. APPOINTMENT AND ADMINISTRATION.

    (a) In General.--There is established within the Department an 
independent regulatory commission to be known as the Federal Energy 
Regulatory Commission.
    (b) Composition.--
            (1) In general.--The Commission shall be composed of 5 
        members appointed by the President, by and with the advice and 
        consent of the Senate.
            (2) Chair.--Of the members of the Commission, 1 member 
        shall be designated by the President as Chair.
            (3) Term.--Subject to section 401(b)(2) of the Department 
        of Energy Organization Act (42 U.S.C. 7171(b)(2)) (as that Act 
        existed before the amendment made by section 712), a member of 
        the Commission--
                    (A) shall hold office for a term of 5 years; and
                    (B) may be removed by the President only for 
                inefficiency, neglect of duty, or malfeasance in 
                office.
            (4) Political parties.--Not more than 3 members of the 
        Commission shall be members of the same political party.
            (5) Vacancies.--
                    (A) In general.--Any Commissioner appointed to fill 
                a vacancy occurring prior to the expiration of the term 
                for which the predecessor of the Commissioner was 
                appointed shall be appointed only for the remainder of 
                the term.
                    (B) Expiration of term.--A Commissioner may 
                continue to serve after the expiration of the term of 
                the Commissioner until the successor of the 
                Commissioner is appointed and has been confirmed and 
                taken the oath of Office, except that the Commissioner 
                shall not serve beyond the end of the session of the 
                Congress in which the term expires.
            (6) Other business or employment.--A member of the 
        Commission shall not engage in any other business, vocation, or 
        employment while serving on the Commission.
    (c) Duties.--
            (1) In general.--The Chair shall be responsible, on behalf 
        of the Commission, for the executive and administrative 
        operation of the Commission, including functions of the 
        Commission with respect to--
                    (A) the appointment and employment of hearing 
                examiners in accordance with title 5, United States 
                Code;
                    (B) the selection, appointment, and fixing of the 
                compensation of such personnel as the Chair considers 
                necessary, including an executive director;
                    (C) the supervision of personnel employed by or 
                assigned to the Commission, except that each member of 
                the Commission may select and supervise personnel for 
                the personal staff of the member;
                    (D) the distribution of business among personnel 
                and among administrative units of the Commission; and
                    (E) the procurement of services of experts and 
                consultants in accordance with section 3109 of title 5, 
                United States Code.
            (2) Support and facilities.--The Secretary shall provide to 
        the Commission such support and facilities as the Commission 
        determines necessary to carry out the functions of the 
        Commission.
    (d) Relationship to Department.--In the performance of functions of 
the Commission, the members, employees, or other personnel of the 
Commission shall not be responsible to, or subject to the supervision 
or direction of, any officer, employee, or agent of any other part of 
the Department.
    (e) Administration.--
            (1) Acting chair.--The Chair of the Commission may 
        designate any other member of the Commission as Acting Chair to 
        act in the place of the Chair during the absence of the Chair.
            (2) Meetings.--
                    (A) In general.--The Chair (or the Acting Chair in 
                the absence of the Chair) shall preside at all sessions 
                of the Commission.
                    (B) Quorum.--A quorum for the transaction of 
                business of the Commission shall consist of at least 3 
                members present.
                    (C) Single vote.--Each member of the Commission, 
                including the Chair, shall have 1 vote.
                    (D) Majority vote.--Actions of the Commission shall 
                be determined by a majority vote of the members 
                present.
            (3) Seal.--The Commission shall have an official seal which 
        shall be judicially noticed.
    (f) Procedural and Administrative Rules.--
            (1) In general.--The Commission may establish such 
        procedural and administrative rules as are necessary to the 
        exercise of the functions of the Commission.
            (2) Continuation.--Until changed by the Commission, any 
        procedural and administrative rules applicable to particular 
        functions over which the Commission has jurisdiction shall 
        continue in effect with respect to the particular functions.
    (g) Hearings and Subpoena.--
            (1) In general.--In carrying out any of the functions of 
        the Commission, the Commission shall have the powers authorized 
        by the law under which the function is exercised--
                    (A) to hold hearings;
                    (B) to sign and issue subpoenas;
                    (C) to administer oaths;
                    (D) to examine witnesses; and
                    (E) to receive evidence at any place in the United 
                States the Commission may designate.
            (2) Hearings.--The Commission may, by one or more of the 
        members of the Commission or by such agents as the Commission 
        may designate, conduct any hearing or other inquiry appropriate 
        to the functions of the Commission, except that nothing in this 
        subsection supersedes the provisions of section 556 of title 5, 
        United States Code, relating to hearing examiners.
    (h) Principal Office.--The principal office of the Commission shall 
be in or near the District of Columbia, where the general sessions of 
the Commission shall be held, except that the Commission may sit 
anywhere in the United States.
    (i) Agency.--
            (1) In general.--For the purpose of section 552b of title 
        5, United States Code, the Commission shall be considered an 
        agency.
            (2) Attorney for commission.--Except as provided in section 
        518 of title 28, United States Code, attorneys designated by 
        the Chair of the Commission may appear for, and represent the 
        Commission in, any civil action brought in connection with any 
        function carried out by the Commission pursuant to this Act or 
        as otherwise authorized by law.
    (j) Annual Authorization and Appropriation Request.--
            (1) In general.--In each annual authorization and 
        appropriation request under this Act, the Secretary shall--
                    (A) identify the portion of the request intended 
                for the support of the Commission; and
                    (B) include--
                            (i) a statement by the Commission of the 
                        amount requested by the Commission in the 
                        budgetary presentation of the Commission to the 
                        Secretary and the Office of Management and 
                        Budget; and
                            (ii) an assessment of the budgetary needs 
                        of the Commission.
            (2) Copy to committees.--If the Commission submits to the 
        Secretary, the President, or the Office of Management and 
        Budget, any legislative recommendation or testimony, or 
        comments on legislation, prepared for submission to Congress, 
        the Commission shall concurrently transmit a copy to the 
        appropriate committees of Congress.

SEC. 402. JURISDICTION OF COMMISSION.

    (a) Functions.--
            (1) In general.--There are transferred to, and vested in, 
        the Commission the following functions of the Federal Power 
        Commission or of any member of the Commission or any officer or 
        component of the Commission:
                    (A) The investigation, issuance, transfer, renewal, 
                revocation, and enforcement of licenses and permits for 
                the construction, operation, and maintenance of dams, 
                water conduits, reservoirs, powerhouses, transmission 
                lines, or other works for the development and 
                improvement of navigation and for the development and 
                utilization of power across, along, from, or in 
                navigable waters under part I of the Federal Power Act 
                (16 U.S.C. 791a et seq.).
                    (B) The establishment, review, and enforcement of 
                rates and charges for the transmission or sale of 
                electric energy, including determinations on--
                            (i) construction work in progress under 
                        part II of the Federal Power Act (16 U.S.C. 824 
                        et seq.); and
                            (ii) the interconnection under section 
                        202(b) of that Act (16 U.S.C. 824a(b)) of 
                        facilities for the generation, transmission, 
                        and sale of electric energy (other than 
                        emergency interconnection).
                    (C) The establishment, review, and enforcement of 
                rates and charges for the transportation and sale of 
                natural gas by a producer or gatherer or by a natural 
                gas pipeline or natural gas company under sections 1, 
                4, 5, and 6 of the Natural Gas Act (15 U.S.C. 717, 
                717c, 717d, 717e).
                    (D) The issuance of a certificate of public 
                convenience and necessity, including abandonment of 
                facilities or services, and the establishment of 
                physical connections under section 7 of the Natural Gas 
                Act (15 U.S.C. 717f).
                    (E) The establishment, review, and enforcement of 
                curtailments, other than the establishment and review 
                of priorities for the curtailments, under the Natural 
                Gas Act (15 U.S.C. 717 et seq.).
                    (F) The regulation of mergers and securities 
                acquisition under the Federal Power Act (16 U.S.C. 791a 
                et seq.) and the Natural Gas Act (15 U.S.C. 717 et 
                seq.).
            (2) Additional powers.--The Commission may exercise any 
        power under the following sections to the extent the Commission 
        determines the power to be necessary to the exercise of any 
        function within the jurisdiction of the Commission:
                    (A) Sections 4, 301, 302, 306 through 309, and 312 
                through 316 of the Federal Power Act (16 U.S.C. 797, 
                825, 825a, 825e-825h, 825k-825o).
                    (B) Sections 8, 9, 13 through 17, 20, and 21 of the 
                Natural Gas Act (15 U.S.C. 717g, 717h, 717l-717p, 717s, 
                717t).
    (b) Agency Determinations.--
            (1) In general.--Except as provided in paragraph (2), the 
        Commission shall have jurisdiction to hear and determine any 
        other matter arising under any other function of the 
        Secretary--
                    (A) involving any agency determination required by 
                law to be made on the record after an opportunity for 
                an agency hearing; or
                    (B) involving any other agency determination that 
                the Secretary determines shall be made on the record 
                after an opportunity for an agency hearing.
            (2) Certain lease bidding arrangements.--Nothing in this 
        subsection requires that functions under section 105 of the 
        Energy Policy and Conservation Act (42 U.S.C. 6213) shall be 
        within the jurisdiction of the Commission unless the Secretary 
        assigns the function to the Commission.
    (c) Other Matters.--In addition to the other provisions of this 
section, the Commission shall have jurisdiction over any other matter 
that the Secretary may assign to the Commission after public notice, or 
that is required to be referred to the Commission pursuant to section 
404.
    (d) Limitation.--No function described in this section that 
regulates the exports or imports of natural gas or electricity shall be 
within the jurisdiction of the Commission unless the Secretary assigns 
the function to the Commission.
    (e) Final Agency Action.--The decision of the Commission involving 
any function within the jurisdiction of the Commission, other than 
action by the Commission on a matter referred to the Commission 
pursuant to section 404--
            (1) shall be final agency action (within the meaning of 
        section 704 of title 5, United States Code); and
            (2) shall not be subject to further review by the Secretary 
        or any officer or employee of the Department.
    (f) Regulations.--The Commission may prescribe rules, regulations, 
and statements of policy of general applicability with respect to any 
function under the jurisdiction of the Commission pursuant to this 
section.

SEC. 403. INITIATION OF RULEMAKING PROCEEDINGS BEFORE COMMISSION.

    (a) In General.--The Secretary and the Commission may propose 
rules, regulations, and statements of policy of general applicability 
with respect to any function within the jurisdiction of the Commission 
under section 402.
    (b) Proposals of Secretary.--The Commission shall--
            (1) have exclusive jurisdiction with respect to any 
        proposal made under subsection (a); and
            (2) consider and take final action on any proposal made by 
        the Secretary under subsection (a) in an expeditious manner in 
        accordance with such reasonable time limits as may be 
        established by the Secretary for the completion of action by 
        the Commission on any such proposal.
    (c) Rates and Chargers.--
            (1) In general.--Any function described in section 402 that 
        relates to the establishment of rates and charges under the 
        Federal Power Act (16 U.S.C. 791a et seq.) or the Natural Gas 
        Act (15 U.S.C. 717 et seq.), may be conducted by rulemaking 
        procedures.
            (2) Procedures.--Except as provided in subsection (d), the 
        procedures in such a rulemaking proceeding shall ensure full 
        consideration of the issues and an opportunity for interested 
        persons to present views.
    (d) Submission of Written Questions by Interested Persons.--
            (1) In general.--In the case of any rule or regulation 
        promulgated by the Commission to establish rates and charges 
        for the first sale of natural gas by a producer or gatherer to 
        a natural gas pipeline under the Natural Gas Act (15 U.S.C. 717 
        et seq.), the Commission may afford an interested person a 
        reasonable opportunity to submit written questions with respect 
        to disputed issues of fact to other interested persons 
        participating in the rulemaking proceedings.
            (2) Time.--The Commission may establish a reasonable time 
        for both the submission of questions and responses.

SEC. 404. REFERRAL OF OTHER RULEMAKING PROCEEDINGS TO COMMISSION.

    (a) In General.--Except as provided in section 403, if the 
Secretary proposes to prescribe rules, regulations, and statements of 
policy of general applicability in the exercise of any function that is 
transferred to the Secretary under section 301 or 306 of the Department 
of Energy Organization Act (42 U.S.C. 7151, 7155) (as that Act existed 
before the amendment made by section 712), the Secretary shall notify 
the Commission of the proposed action.
    (b) Referral to Commission.--If the Commission determines within 
such period as the Secretary may prescribe that the proposed action may 
significantly affect any function within the jurisdiction of the 
Commission pursuant to subsections (a)(1), (b), and (c) of section 402 
and section 60502 of title 49, United States Code, the Secretary shall 
immediately refer the matter to the Commission, which shall provide an 
opportunity for public comment.
    (c) Recommendations of Commission.--
            (1) In general.--Following the opportunity for public 
        comment, the Commission, after consultation with the Secretary, 
        shall--
                    (A) concur in adoption of the rule or statement as 
                proposed by the Secretary;
                    (B) concur in adoption of the rule or statement 
                only with such changes as the Commission may recommend; 
                or
                    (C) recommend that the rule or statement not be 
                adopted.
            (2) Publication.--The Commission shall promptly publish--
                    (A) the recommendations of the Commission adopted 
                under this subsection;
                    (B) an explanation of the reason for the actions of 
                the Commission; and
                    (C) an analysis of the major comments, criticisms, 
                and alternatives offered during the comment period.
    (d) Options of Secretary.--
            (1) In general.--Following publication of the 
        recommendations of the Commission, the Secretary shall have the 
        option of--
                    (A) issuing a final rule or statement in the form 
                initially proposed by the Secretary if the Commission 
                has concurred in the rule pursuant to subsection 
                (c)(1)(A);
                    (B) issuing a final rule or statement in amended 
                form so that the rule conforms in all respects with the 
                changes proposed by the Commission if the Commission 
                has concurred in the rule or statement pursuant to 
                subsection (c)(1)(B); or
                    (C) ordering that the rule shall not be issued.
            (2) Final agency action.--The action taken by the Secretary 
        pursuant to this subsection shall constitute a final agency 
        action for purposes of section 704 of title 5, United States 
        Code.

SEC. 405. RIGHT OF SECRETARY TO INTERVENE IN COMMISSION PROCEEDINGS.

    (a) In General.--The Secretary may, as a matter of right, intervene 
or otherwise participate in any proceeding before the Commission.
    (b) Procedure.--The Secretary shall comply with--
            (1) rules of procedure of general applicability governing 
        the timing of intervention or participation in the proceeding 
        or activity; and
            (2) on intervening or participating in the proceeding or 
        activity, rules of procedure of general applicability governing 
        the conduct of the proceeding or activity.
    (c) Fairness.--The intervention or participation of the Secretary 
in any proceeding or activity shall not affect the obligation of the 
Commission to ensure procedural fairness to all participants.

SEC. 406. REORGANIZATION.

    For the purposes of chapter 9 of title 5, United States Code, the 
Commission shall be considered an independent regulatory agency.

SEC. 407. ACCESS TO INFORMATION.

    (a) In General.--The Secretary, each officer of the Department, and 
each Federal agency shall provide to the Commission, on request, such 
existing information in the possession of the Department or other 
Federal agency as the Commission determines necessary to carry out the 
responsibilities of the Commission under this Act.
    (b) Certain Information.--In formulating the information to be 
requested in the reports or investigations under sections 304 and 311 
of the Federal Power Act (16 U.S.C. 825c, 825j) and sections 10 and 11 
of the Natural Gas Act (15 U.S.C. 717i, 717j), the Secretary shall--
            (1) include in the reports and investigations such specific 
        information as requested by the Commission; and
            (2) furnish copies of all reports, information, results of 
        investigations and data under those sections to the Commission.

         TITLE V--ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

SEC. 501. PROCEDURES.

    (a) Administrative Procedures.--
            (1) In general.--Subject to the other requirements of this 
        title, subchapter II of chapter 5 of title 5, United States 
        Code, shall apply in accordance with the terms of that 
        subchapter to any rule or regulation, or any order having the 
        applicability and effect of a rule (as that term is defined in 
        section 551 of title 5, United States Code), issued pursuant to 
        authority vested by law in, or transferred or delegated to, the 
        Secretary, or required by this Act or any other Act to be 
        carried out by any other officer, employee, or component of the 
        Department, other than the Commission, including any such rule, 
        regulation, or order of a State or local government agency (or 
        officer of a State or local government agency) issued pursuant 
        to authority delegated by the Secretary in accordance with this 
        title.
            (2) Additional requirements.--If any provision of any Act, 
        the functions of which are transferred, vested, or delegated 
        pursuant to this Act, provides administrative procedure 
        requirements in addition to the requirements provided in this 
        title, those additional requirements shall also apply to 
        actions under that provision.
    (b) Substantial Impact on the Economy of the United States.--
            (1) No substantial impact.--If the Secretary determines, on 
        the initiative of the Secretary or in response to any showing 
        made pursuant to paragraph (2) (with respect to a proposed 
        rule, regulation, or order described in subsection (a)), that 
        no substantial issue of fact or law exists and that the rule, 
        regulation, or order is unlikely to have a substantial impact 
        on the economy of the United States or large numbers of 
        individuals or businesses in the United States, the proposed 
        rule, regulation, or order may be promulgated in accordance 
        with section 553 of title 5, United States Code.
            (2) Substantial impact.--If the Secretary determines that a 
        substantial issue of fact or law exists or that the rule, 
        regulation, or order is likely to have a substantial impact on 
        the economy of the United States or large numbers of 
        individuals or businesses in the United States, an opportunity 
        for oral presentation of views, data, and arguments shall be 
        provided before promulgation.
            (3) Submission of material.--Any person who would be 
        adversely affected by the implementation of any proposed rule, 
        regulation, or order and who desires an opportunity for oral 
        presentation of views, data, and arguments, may submit material 
        supporting the existence of a substantial issue or impact 
        described in paragraph (2).
            (4) Transcript.--A transcript shall be kept of any oral 
        presentation described in paragraph (2) with respect to a rule, 
        regulation, or order described in subsection (a).
    (c) Waiver.--
            (1) In general.--The requirements of subsection (b) may be 
        waived in any case in which--
                    (A) strict compliance with that subsection is found 
                by the Secretary to be likely to cause serious harm or 
                injury to the public health, safety, or welfare; and
                    (B) the finding of the Secretary described in 
                subparagraph (A) is set out in detail in the rule, 
                regulation, or order.
            (2) Subsequent satisfaction.--If the requirements of 
        subsection (b) are waived under paragraph (1), the requirements 
        of that subsection shall be satisfied within a reasonable 
        period of time subsequent to the promulgation of the rule, 
        regulation, or order.
    (d) Rules With Local Effect.--
            (1) Definitions.--In this subsection:
                    (A) Geographic area within a state.--The term 
                ``geographic area within a State'' means a special 
                purpose district or other region that is recognized for 
                governmental purposes within the State but is not a 
                unit of local government.
                    (B) Rule with local effect.--The term ``rule with 
                local effect'' means a rule, regulation, or order 
                described in subsection (a), the effects of which, 
                except for indirect effects of an inconsequential 
                nature, are confined to--
                            (i) a single unit of local government or 
                        the residents of a single unit of local 
                        government;
                            (ii) a single geographic area within a 
                        State or the residents of a single geographic 
                        area within a State; or
                            (iii) a single State or the residents of a 
                        single State.
                    (C) Unit of local government.--The term ``unit of 
                local government'' means a county, municipality, town, 
                township, village, or other unit of general government 
                below the State level.
            (2) Opportunity for hearing.--With respect to any rule with 
        local effect, the Secretary shall, if appropriate, afford an 
        opportunity for a hearing or the oral presentation of views, 
        and provide procedures for the holding of the hearing or oral 
        presentation within the boundaries of the applicable unit of 
        local government, geographic area, or State.
            (3) Relationship to other law.--Nothing in this subsection 
        requires a hearing or an oral presentation of views where none 
        is required by this section or other provision of law.
    (e) Procedures for State and Local Government Agencies.--
            (1) In general.--As authorized by any law vested, 
        transferred, or delegated pursuant to this Act, the Secretary 
        may, by rule, prescribe procedures for State or local 
        government agencies authorized by the Secretary to carry out 
        such functions as may be permitted under applicable law.
            (2) Requirements.--Procedures prescribed under paragraph 
        (1) shall--
                    (A) apply to the State or local government agencies 
                in lieu of this section; and
                    (B) require that prior to taking any action, the 
                agencies shall--
                            (i) take steps reasonably calculated to 
                        provide notice to persons who may be affected 
                        by the action; and
                            (ii) afford an opportunity for presentation 
                        of views (including oral presentation of views 
                        where practicable) within a reasonable time 
                        before taking the action.

SEC. 502. JUDICIAL REVIEW.

    (a) In General.--Judicial review of agency action taken under any 
law the functions of which are vested by law in, or transferred or 
delegated to the Secretary, the Commission, or any officer, employee, 
or component of the Department shall, notwithstanding the vesting, 
transfer, or delegation, be made in the manner specified in or for such 
law.
    (b) Original Jurisdiction.--
            (1) In general.--Except as provided in paragraph (2) and 
        notwithstanding the amount in controversy, the district courts 
        of the United States shall have exclusive original jurisdiction 
        of all other cases or controversies arising exclusively under 
        this Act, or under rules, regulations, or orders issued 
        exclusively under this Act, other than any actions taken to 
        implement or enforce any rule, regulation, or order by any 
        officer of a State or local government agency under this Act as 
        described in paragraph (4).
            (2) Issue raised in defense.--Nothing in this section 
        affects the power of any court of competent jurisdiction to 
        consider, hear, and determine in any proceeding before the 
        court any issue raised by way of defense, other than a defense 
        based on the unconstitutionality of this Act or the validity of 
        action taken by any agency under this Act as described in 
        paragraph (3).
            (3) Removal.--If in any proceeding an issue by way of 
        defense is raised based on the unconstitutionality of this Act 
        or the validity of agency action under this Act, the case shall 
        be subject to removal by either party to a district court of 
        the United States in accordance with chapter 89 of title 28, 
        United States Code.
            (4) State or local government agency.--Cases or 
        controversies arising under any rule, regulation, or order of 
        any officer of a State or local government agency may be heard 
        in--
                    (A) any appropriate State court; or
                    (B) without regard to the amount in controversy, 
                the district courts of the United States.
    (c) Department Litigation.--
            (1) In general.--Subject to section 401(i) and 
        notwithstanding any other law, the litigation of the Department 
        shall be subject to the supervision of the Attorney General 
        pursuant to chapter 31 of title 28, United States Code.
            (2) Delegation.--The Attorney General may authorize any 
        attorney of the Department to conduct any civil litigation of 
        the Department in any Federal court except the Supreme Court.

SEC. 503. REMEDIAL ORDERS.

    (a) In General.--If, upon investigation, the Secretary or the 
authorized representative of the Secretary, believes that a person has 
violated any regulation, rule, or order described in section 501(a), 
the Secretary may issue a remedial order to the person.
    (b) Requirements.--Each remedial order shall be in writing and 
shall describe with particularity the nature of the violation, 
including a reference to the provision of the rule, regulation, or 
order alleged to have been violated.
    (c) Failure To Respond.--If, not later than 30 days after the date 
of receipt of a remedial order issued by the Secretary, the person 
fails to notify the Secretary that the person intends to contest the 
remedial order, the remedial order shall become effective and shall be 
considered a final order of the Secretary and not subject to review by 
any court or agency.
    (d) Contesting of Order.--
            (1) In general.--If, not later than 30 days after the date 
        of receipt of the remedial order issued by the Secretary, the 
        person notifies the Secretary that the person intends to 
        contest a remedial order issued under subsection (a), the 
        Secretary shall immediately advise the Commission of the 
        notification.
            (2) Stay of effect.--Upon receiving notice under paragraph 
        (1), the Commission shall stay the effect of the remedial 
        order, unless the Commission finds the public interest requires 
        immediate compliance with the remedial order.
            (3) Opportunity for a hearing.--The Commission shall, upon 
        request, afford an opportunity for a hearing, including, at a 
        minimum, the submission of briefs, oral or documentary 
        evidence, and oral arguments.
            (4) Cross examination.--To the extent that the Commission, 
        in the discretion of the Commission, determines that cross 
        examination is required for a full and true disclosure of the 
        facts, the Commission shall afford the right of cross 
        examination.
            (5) Order by commission.--
                    (A) In general.--After a hearing, if any, under 
                this subsection, the Commission shall issue an order, 
                based on findings of fact, affirming, modifying, or 
                vacating the remedial order of the Secretary, or 
                directing other appropriate relief.
                    (B) Effect of order.--Subject to subparagraph (C), 
                an order issued under subparagraph (A) shall, for the 
                purpose of judicial review, constitute a final agency 
                action.
                    (C) Enforcement.--Enforcement and other judicial 
                review of an action described in subparagraph (B) shall 
                be the responsibility of the Secretary.
    (e) Time Limits.--The Secretary may set reasonable time limits for 
the Commission to complete action on a proceeding referred to the 
Commission pursuant to this section.
    (f) Procedural Actions.--Nothing in this section affects any 
procedural action taken by the Secretary prior to or incident to 
initial issuance of a remedial order that is the subject of a hearing 
provided in this section, but such procedures shall be reviewable in 
the hearing.
    (g) Notice Requirement.--This section shall be applicable only with 
respect to proceedings initiated by a notice of probable violation 
issued after the effective date of this Act.
    (h) Marketing of Petroleum Products.--With respect to any person 
whose sole petroleum industry operation relates to the marketing of 
petroleum products, the Secretary or any person acting on behalf of the 
Secretary may not exercise discretion to maintain a civil action (other 
than an action for injunctive relief) or issue a remedial order against 
the person for any violation of any rule or regulation if--
            (1) the civil action or order is based on--
                    (A) a retroactive application of the rule or 
                regulation; or
                    (B) a retroactive interpretation of the rule or 
                regulation; and
            (2) the person relied in good faith on rules, regulations, 
        or ruling in effect on the date of the violation interpreting 
        the rules or regulations.

SEC. 504. REQUESTS FOR ADJUSTMENTS.

    (a) In General.--The Secretary or any officer designated by the 
Secretary shall--
            (1) provide for the making of such adjustments to any rule, 
        regulation, or order described in section 501(a) as may be 
        necessary to prevent special hardship, inequity, or unfair 
        distribution of burdens;
            (2) by rule, establish procedures that are available to any 
        person for the purpose of seeking an interpretation, 
        modification, or rescission of, exception to, or exemption 
        from, such rule, regulation, or order; and
            (3) ensure that each decision on any application or 
        petition requesting an adjustment shall specify--
                    (A) the standards of hardship, inequity, or unfair 
                distribution of burden by which any disposition was 
                made; and
                    (B) the specific application of the standards to 
                the facts contained in the application or petition.
    (b) Review of Denial.--
            (1) In general.--If any person is aggrieved or adversely 
        affected by a denial of a request for adjustment under 
        subsection (a), the person may--
                    (A) request a review of the denial by the 
                Commission; and
                    (B) obtain judicial review in accordance with this 
                title when the denial becomes final.
            (2) Procedures.--The Commission shall, by rule, establish 
        appropriate procedures, including a hearing when requested, for 
        review of a denial.
            (3) Commission action.--Action by the Commission under this 
        section shall be considered final agency action within the 
        meaning of section 704 of title 5, United States Code, and 
        shall not be subject to further review by the Secretary or any 
        officer or employee of the Department.
            (4) Litigation.--Litigation involving judicial review of 
        action by the Commission under this section shall be the 
        responsibility of the Secretary.

SEC. 505. REVIEW AND EFFECT.

    (a) In General.--Not later than 1 year after the effective date of 
this Act, the Secretary shall submit a report to Congress describing 
the actions taken to implement section 501.
    (b) Contents.--The report under subsection (a) shall include--
            (1) a description of the adequacy of section 501 from the 
        standpoint of the Department and the public, including a 
        summary of any comments obtained by the Secretary from the 
        public about the section and implementing regulations; and
            (2) such recommendations as the Secretary considers 
        appropriate concerning the procedures required by section 501.
    (c) Assessments.--
            (1) In general.--Not later than January 31 of each year, 
        the Secretary shall submit to Congress a report on the 
        assessment conducted under subsection (a) during the preceding 
        year.
            (2) Contents.--Each report shall include the results of the 
        assessment covered by the report, together with such findings 
        and recommendations as the Secretary considers appropriate.

                  TITLE VI--ADMINISTRATIVE PROVISIONS

                    Subtitle A--Personnel Provisions

SEC. 601. OFFICERS AND EMPLOYEES.

    (a) Authority of Secretary To Appoint and Fix Compensation.--Except 
as otherwise provided in this section, the Secretary may appoint and 
fix the compensation of such officers and employees, including 
attorneys, as the Secretary determines necessary to carry out the 
functions of the Department in accordance with chapters 33 and 53 of 
title 5, United States Code.
    (b) Appointment of Scientific, Engineering, and Other Personnel.--
            (1) In general.--Subject paragraph (2), the Secretary may--
                    (A) appoint not more than 311 scientific, 
                engineering, professional, and administrative personnel 
                of the Department without regard to the provisions of 
                chapter 33 of title 5, United States Code, governing 
                appointments in the competitive service; and
                    (B) fix the compensation of those personnel at an 
                amount not to exceed the maximum rate payable for GS-18 
                of the General Schedule under section 5332 of title 5, 
                United States Code.
            (2) Termination of authority.--The authority of the 
        Secretary under paragraph (1) shall terminate on the later of--
                    (A) the date on which an individual who is 
                appointed under paragraph (1) leaves that position; or
                    (B) the date that is 4 years after the date of 
                enactment of this Act.
    (c) Other Positions Above GS-15.--
            (1) In general.--Subject to the provisions of chapter 51 of 
        title 5, United States Code, but notwithstanding section 3324 
        of title 5, United States Code, the Secretary may classify not 
        more than 178 positions of the Department as GS-16, GS-17, or 
        GS-18 without the approval by the Civil Service Commission.
            (2) Approval by civil service commission.--Appointments 
        under this subsection may be made without regard to section 
        3324 of title 5, United States Code, if the individual placed 
        in the position--
                    (A) is transferred to the Department in connection 
                with a transfer of functions under this Act; and
                    (B) immediately prior to the effective date of this 
                Act, held a position and duties comparable to those 
                required by the new position.
            (3) Termination of authority.--The authority of the 
        Secretary under this subsection with respect to any position 
        shall terminate on the date on which the first individual who 
        is appointed under paragraph (1) leaves that position.
    (d) Appointment of Additional Scientific, Engineering, and Other 
Personnel.--In addition to the number of positions that may be 
classified above GS-15 under section 5108 of title 5, United States 
Code, the Secretary may--
            (1) appoint not more than 200 scientific, engineering, 
        professional, and administrative personnel without regard to 
        the provisions of chapter 33 of title 5, United States Code; 
        and
            (2) fix the compensation of those personnel in an amount 
        not to exceed the maximum rate payable for GS-18 of the General 
        Schedule under section 5332 of title 5, United States Code.
    (e) Maximum Number of Positions.--Of the positions described in 
subsections (b) and (c) and classified above GS-15 under section 
5108(a) of title 5, United States Code--
            (1) 63 percent shall be GS-16 positions;
            (2) 25 percent shall be GS-17 positions; and
            (3) 12 percent shall be GS-18 positions.
    (f) Intelligence Positions.--All individuals appointed to positions 
in the Department that the Secretary determines to be devoted to 
intelligence and intelligence-related activities of the Federal 
Government are excepted from the competitive service provisions of 
chapter 33 of title 5, United States Code while employed in those 
positions.

SEC. 602. SENIOR POSITIONS.

    In addition to the positions created by title II, there shall be 
within the Department 14 additional officers in positions authorized by 
section 5316 of title 5, United States Code, which shall be filled by 
individuals appointed by the Secretary who shall perform such functions 
as the Secretary shall prescribe from time to time.

SEC. 603. EXPERTS AND CONSULTANTS.

    The Secretary may obtain services authorized by section 3109 of 
title 5, United States Code, at rates not to exceed the daily rate 
prescribed for grade GS-18 of the General Schedule under section 5332 
of title 5, United States Code, for persons employed intermittently in 
Government service.

SEC. 604. ADVISORY COMMITTEES.

    (a) In General.--The Secretary may establish in accordance with the 
Federal Advisory Committee Act (5 U.S.C. App.) such advisory committees 
as the Secretary determines necessary to assist in the performance of 
the duties of the Secretary.
    (b) Travel Expenses.--Members of an advisory committee established 
under subsection (a), other than a full-time employees of the Federal 
Government, may be allowed travel expenses, including per diem in lieu 
of subsistence, as authorized by section 5703 of title 5, United States 
Code, while attending meetings of the advisory committee or otherwise 
serving at the request of the Secretary away from the homes or places 
of business of the members.

             Subtitle B--General Administrative Provisions

SEC. 611. GENERAL AUTHORITY.

    To the extent appropriate to perform any function transferred by 
this Act, the Secretary or any officer or employee of the Department 
may exercise, in carrying out the function so transferred, any 
authority available by law (including appropriations Acts) to the 
official or agency from which the function was transferred.

SEC. 612. DELEGATION.

    Except as otherwise expressly prohibited by law, and except as 
otherwise provided in this Act, the Secretary may, as the Secretary 
determines to be appropriate--
            (1) delegate any functions to officers or employees of the 
        Department; and
            (2) authorize successive redelegations of functions within 
        the Department.

SEC. 613. REORGANIZATION.

    (a) In General.--Subject to subsection (b), the Secretary may 
establish, alter, consolidate, or discontinue such organizational units 
or components within the Department as the Secretary determines to be 
appropriate.
    (b) Limitations.--
            (1) In general.--The authority of the Secretary under 
        subsection (a) shall not extend to--
                    (A) the abolition of any organizational unit or 
                component established by this Act; or
                    (B) the transfer of any function vested by this Act 
                in any organizational unit or component.
            (2) National nuclear security administration.--The 
        authority of the Secretary under subsection (a) shall not apply 
        to the National Nuclear Security Administration.

SEC. 614. RULES.

    The Secretary may promulgate such procedural and administrative 
regulations as the Secretary determines to be appropriate to administer 
and manage the functions of the Secretary under this Act.

SEC. 615. SUBPOENA.

    (a) In General.--For the purpose of carrying out this Act, the 
Secretary (or a designee) shall have the same powers and authorities as 
the Federal Trade Commission under section 9 of the Federal Trade 
Commission Act (15 U.S.C. 49) with respect to all functions vested in, 
or transferred or delegated to, the Secretary by this Act.
    (b) Natural Gas.--For purposes of carrying out the responsibilities 
of the Federal Trade Commission under the Natural Gas Policy Act of 
1978 (15 U.S.C. 3301 et seq.), the Commission shall have the same 
powers and authority as the Secretary has under this section.

SEC. 616. CONTRACTS.

    (a) In General.--The Secretary may enter into and perform such 
contracts, leases, cooperative agreements, or other similar 
transactions with public agencies, private organizations, and 
individuals, and make such payments (in lump sum or installments, and 
by way of advance or reimbursement), as the Secretary determines to be 
appropriate to carry out the functions under this Act.
    (b) Limitation on Authority.--Notwithstanding any other provision 
of this title, no authority to enter into contracts or to make payments 
under this title shall be effective except to such extent or in such 
amounts as are provided in advance in appropriations Acts.
    (c) Leasing of Excess Department Property.--The Secretary may 
lease, in accordance with such terms and conditions the Secretary 
considers to be appropriate to promote national security or the public 
interest, any acquired real property and related personal property 
that--
            (1) is located at a facility of the Department to be closed 
        or reconfigured;
            (2) at the time the lease is entered into, is not needed by 
        the Department; and
            (3) is under the control of the Department.
    (d) Terms of Lease.--
            (1) In general.--A lease entered into under subsection (c) 
        shall be for a term of not more than 10 years, except that the 
        Secretary may enter into a lease that includes an option to 
        renew for a term of more than 10 years if the Secretary 
        determines that entering into such a lease will promote the 
        national security or be in the public interest.
            (2) Consideration.--
                    (A) In general.--A lease entered into under 
                subsection (c) may provide for the payment (in cash or 
                in kind) by the lessee of consideration in an amount 
                that is less than the fair market rental value of the 
                leasehold interest.
                    (B) Services.--Services relating to the protection 
                and maintenance of the leased property may constitute 
                all or part of the consideration under this paragraph.
    (e) Environmental Concerns.--
            (1) In general.--Subject to paragraph (2), before entering 
        into a lease under subsection (c), the Secretary shall consult 
        with, and obtain the concurrence of, the appropriate State 
        official (with respect to property located on a site that is 
        not listed on the National Priorities List) to determine 
        whether the environmental conditions of the property are such 
        that leasing the property, and the terms and conditions of the 
        lease agreement, are consistent with safety and the protection 
        of public health and the environment.
            (2) Failure to obtain concurrence.--The Secretary may enter 
        into a lease under subsection (c) without obtaining the 
        concurrence of the appropriate State official under paragraph 
        (1) if, by the date that 60 days after the date on which the 
        Secretary requests the concurrence, the appropriate State 
        official fails to submit to the Secretary a notice of 
        concurrence with, or rejection of, the determination.
    (f) Rentals.--
            (1) Retention.--
                    (A) In general.--To the extent provided in advance 
                in appropriations Acts, the Secretary may retain and 
                use money received by the Secretary directly from a 
                lease entered into under subsection (c) in any amount 
                the Secretary considers to be necessary to cover the 
                administrative expenses of the lease, the maintenance 
                and repair of the leased property, or environmental 
                restoration activities at the facility at which the 
                leased property is located.
                    (B) Treatment.--Amounts retained under this 
                subsection shall be retained in a separate account 
                established in the Treasury for that purpose.
            (2) Report.--The Secretary shall submit to Congress annual 
        reports on the amounts retained and used under this subsection.
    (g) Additional Authorities.--
            (1) In general.--In addition to authority granted to the 
        Secretary under any other provision of law, the Secretary may 
        exercise the same authority to enter into transactions (other 
        than contracts, cooperative agreements, and grants), subject to 
        the same terms and conditions, as the Secretary of Defense 
        under section 2371 of title 10, United States Code (other than 
        subsections (b) and (f) of that section).
            (2) Application of terms.--In applying section 2371 of 
        title 10, United States Code, to the Secretary under paragraph 
        (1)--
                    (A) the term ``basic'' shall be replaced by the 
                term ``research'';
                    (B) the term ``applied'' shall be replaced by the 
                term ``development''; and
                    (C) the terms ``advanced research projects'' and 
                ``advanced research'' shall be replaced by the term 
                ``demonstration projects''.
            (3) Relationship to other provisions.--The authority of the 
        Secretary under paragraph (1) shall not be subject to--
                    (A) section 9 of the Federal Nonnuclear Energy 
                Research and Development Act of 1974 (42 U.S.C. 5908); 
                or
                    (B) section 152 of the Atomic Energy Act of 1954 
                (42 U.S.C. 2182).
            (4) Competitive, merit-based selection procedures.--
                    (A) In general.--The Secretary shall use such 
                competitive, merit-based selection procedures in 
                entering into transactions under paragraph (1) as the 
                Secretary determines in writing to be practicable.
                    (B) Limitation.--A transaction under paragraph (1) 
                shall relate to a research, development, or 
                demonstration project only if the Secretary determines 
                in writing that the use of a standard contract, grant, 
                or cooperative agreement for the project is not 
                feasible or appropriate.
            (5) Disclosure.--The Secretary may protect from disclosure, 
        for up to 5 years after the date on which the information is 
        developed, any information developed pursuant to a transaction 
        under paragraph (1) that would be protected from disclosure 
        under section 552(b)(4) of title 5, United States Code, if 
        obtained from an individual or entity other than a Federal 
        agency.
            (6) Guidelines.--
                    (A) In general.--The Secretary shall issue 
                guidelines for transactions under paragraph (1).
                    (B) Publication.--The guidelines under subparagraph 
                (A) shall be published in the Federal Register for 
                public comment in accordance with rulemaking procedures 
                of the Department.
                    (C) Authority.--The Secretary shall not have 
                authority to carry out transactions under paragraph (1) 
                until the guidelines for transactions required under 
                subparagraph (A) are final.
            (7) Annual report.--The Secretary shall submit to Congress 
        the annual report required under section 2371(h) of title 10, 
        United States Code.
            (8) Delegation.--The authority of the Secretary under this 
        subsection may be delegated only to an officer of the 
        Department who is appointed by the President by and with the 
        advice and consent of the Senate.
            (9) Termination.--Notwithstanding any other provision of 
        law, the authority to enter into transactions under paragraph 
        (1) shall terminate on September 30, 2015.

SEC. 617. ACQUISITION AND MAINTENANCE OF PROPERTY.

    The Secretary may--
            (1) acquire (by purchase, lease, condemnation, or 
        otherwise), construct, improve, repair, operate, and maintain 
        laboratories, research and testing sites and facilities, 
        quarters and related accommodations for employees and 
        dependents of employees of the Department, personal property 
        (including patents), or any interest in property, as the 
        Secretary determines to be necessary; and
            (2) provide, by contract or otherwise, for eating 
        facilities and other necessary facilities for the health and 
        welfare of employees of the Department at installations 
        (including through the purchase and maintenance of appropriate 
        equipment).

SEC. 618. FACILITIES CONSTRUCTION.

    (a) In General.--As necessary and when not otherwise available, the 
Secretary may provide for, construct, or maintain the following for 
employees and dependents stationed at remote locations:
            (1) Emergency medical services and supplies.
            (2) Food and other subsistence supplies.
            (3) Messing facilities.
            (4) Audiovisual equipment, accessories, and supplies for 
        recreation and training.
            (5) Reimbursement for food, clothing, medicine, and other 
        supplies furnished by those employees in emergencies for the 
        temporary relief of distressed individuals.
            (6) Living and working quarters and facilities.
            (7) Transportation of school-aged dependents of employees 
        to the nearest appropriate educational facilities.
    (b) Pricing.--The furnishing of medical treatment under subsection 
(a)(1) and the furnishing of services and supplies under paragraphs (2) 
and (3) of subsection (a) shall be at prices reflecting reasonable 
value, as determined by the Secretary.
    (c) Treatment.--
            (1) In general.--Proceeds from reimbursements under this 
        section--
                    (A) shall be deposited in the Treasury; and
                    (B) may be withdrawn by the Secretary--
                            (i) to pay directly the cost of work or 
                        services;
                            (ii) to repay or make advances to 
                        appropriations of funds that will initially 
                        bear all or a part of that cost; or
                            (iii) to refund excess sums when necessary.
            (2) Crediting to funds.--A payment by the Secretary under 
        paragraph (1)(B) may be credited to a working capital fund 
        otherwise established by law, including the fund established 
        pursuant to section 622, and used under the law governing the 
        fund, if the fund is available for use by the Department for 
        performing the work or services for which payment is received.

SEC. 619. USE OF FACILITIES.

    (a) In General.--On the consent of the Federal Government or the 
government of any foreign country, State, the District of Columbia, the 
Commonwealth of Puerto Rico, or any territory or possession of the 
United States, with or without reimbursement, the Secretary and the 
Federal Energy Regulatory Commission may use the research, equipment, 
and facilities of such a government (or political subdivision) in 
carrying out the functions under this Act.
    (b) Use of Property.--
            (1) In general.--Except as provided in paragraph (2), in 
        carrying out this Act, the Secretary may permit the use by 
        public and private individuals and entities of any real 
        property, facility, structure, or improvement under the 
        jurisdiction of the Secretary for purposes of the Department, 
        under such terms and at such rates as the Secretary determines 
        to be appropriate, for a period of not more than 5 years.
            (2) Reconditioning and maintenance.--The Secretary may 
        require any individual or entity to which a permit is provided 
        under this subsection to recondition and maintain, at the 
        expense of the individual or entity, the real property, 
        facilities, structures, and improvements involved to a 
        satisfactory standard.
            (3) Exception.--This subsection shall not apply to excess 
        property (as defined in section 102 of title 40, United States 
        Code).
    (c) Proceeds.--
            (1) In general.--Except as provided in paragraph (2), the 
        proceeds from reimbursements under this section--
                    (A) shall be deposited in the Treasury; and
                    (B) may be withdrawn by the Secretary or the head 
                of the another appropriate Federal department or 
                agency--
                            (i) to pay directly the costs of the 
                        equipment and facilities provided;
                            (ii) to repay or make advances to 
                        appropriations or funds that do or will 
                        initially bear all or a part of those costs; or
                            (iii) to refund excess sums as necessary.
            (2) Exception.--The proceeds described in paragraph (1) may 
        be credited to a working capital fund otherwise established by 
        law (including the fund established pursuant to section 622) 
        and used in accordance the laws governing that fund, if the 
        fund is available for use for providing the equipment or 
        facilities involved.

SEC. 620. FIELD OFFICES.

    The Secretary may establish, alter, consolidate, or discontinue to 
maintain such State, regional, district, local, or other field offices 
as the Secretary determines to be necessary to carry out this Act.

SEC. 621. COPYRIGHTS.

    The Secretary may acquire any of the following described rights if 
the property so acquired is for use by or for, or useful to, the 
Department:
            (1) Copyrights, patents, and applications for patents, 
        designs, processes, and manufacturing data.
            (2) Licenses under copyrights, patents, and applications 
        for patents.
            (3) Releases, before suit is brought, for past infringement 
        of patents or copyrights.

SEC. 622. CAPITAL FUND.

    (a) Establishment.--The Secretary may establish a working capital 
fund, to be available without fiscal year limitation, for expenses 
necessary for the maintenance and operation of such common 
administrative services as the Secretary determines to be appropriate 
in the interests of economy and efficiency, including services such 
as--
            (1) a central supply service for stationery and other 
        supplies and equipment for which adequate stocks may be 
        maintained to meet in whole or in part the requirements of the 
        Department;
            (2) central messenger, mail, telephone, and other 
        communications services;
            (3) office space and central services for document 
        reproduction, graphics, and visual aids; and
            (4) a central library service.
    (b) Transfers.--The capital of the fund shall consist of--
            (1) any appropriations made for the purpose of providing 
        capital; and
            (2) the fair and reasonable value of such stocks of 
        supplies, equipment, and other assets and inventories on order 
        as the Secretary may transfer to the fund, less the related 
        liabilities and unpaid obligations.
    (c) Reimbursement.--Amounts in the fund shall be reimbursed in 
advance from available funds of agencies and offices in the Department, 
or from other sources, for supplies and services at rates that 
approximate the expense of operation, including the accrual of annual 
leave and the depreciation of equipment.
    (d) Credits.--The fund shall be credited with receipts--
            (1) from sale or exchange of property; and
            (2) in payment for loss or damage to property owned by the 
        fund.
    (e) Surplus Amounts.--There shall be covered into the Treasury as 
miscellaneous receipts any surplus amounts in the fund (all assets, 
liabilities, and prior losses considered), in excess of the amounts 
transferred or appropriated to establish and maintain the fund.

SEC. 623. SEAL OF DEPARTMENT.

    (a) In General.--The Secretary shall cause a seal of office to be 
made for the Department.
    (b) Judicial Notice.--Judicial notice shall be taken of the seal 
under this section.

SEC. 624. REGIONAL ENERGY ADVISORY BOARDS.

    (a) In General.--The Governors of the States in each region may 
establish 1 regional energy advisory board for each region, to include 
such membership as the Governors determine to be appropriate.
    (b) Observers.--
            (1) In general.--The following officials (or a designee) 
        may participate as observers in the deliberations of any board 
        established under subsection (a):
                    (A) The Secretary.
                    (B) The Secretary of Commerce.
                    (C) The Secretary of the Interior.
                    (D) The Chairman of the Council on Environmental 
                Quality.
                    (E) The Commandant of the Coast Guard.
            (2) Other commissions.--The Federal cochairperson of the 
        Appalachian Regional Commission or any regional commission 
        under title V of the Public Works and Economic Development Act 
        of 1965 (42 U.S.C. 3191 et seq.) may participate as an observer 
        in the deliberations of any board established under subsection 
        (a) that includes one or more States that are members of the 
        regional commission.
    (c) Recommendations.--
            (1) In general.--Each board established under subsection 
        (a) may make such recommendations as are appropriate to 
        programs of the Department having a direct effect on the region 
        of the board.
            (2) Failure to adopt.--If a board makes a specific 
        recommendation under paragraph (1) that is not adopted in the 
        implementation of a program described in that paragraph, the 
        Secretary shall notify the Board in writing of the reasons for 
        not adopting the recommendation.

SEC. 625. DESIGNATION OF CONSERVATION OFFICERS.

    (a) Designation.--The Secretary of Defense, the Secretary of 
Commerce, the Secretary of Housing and Urban Development, the Secretary 
of Transportation, the Secretary of Agriculture, the Secretary of the 
Interior, the head of the United States Postal Service, and the 
Administrator of General Services shall each designate 1 Assistant 
Secretary or Assistant Administrator, as applicable, as the principal 
conservation officer of the respective department or agency.
    (b) Duties.--A principal conservation officer designated under 
subsection (a) shall be principally responsible for--
            (1) the planning and implementation of energy conservation 
        programs by the applicable department or agency; and
            (2) coordination with the Department with respect to energy 
        matters.
    (c) Publication.--
            (1) In general.--Each department and agency described in 
        subsection (a) shall periodically inform the Secretary of the 
        identity of the relevant conservation officer.
            (2) List.--The Secretary shall periodically publish a list 
        identifying conservation officers under this section, based on 
        the information provided under paragraph (1).

SEC. 626. ANNUAL REPORT.

    (a) In General.--As soon as practicable after the end of each 
fiscal year commencing with the first complete fiscal year following 
the date of enactment of this Act, the Secretary shall submit to the 
President, for inclusion in a report to Congress, a report on the 
activities of the Department during the preceding fiscal year.
    (b) Inclusions.--Each report under subsection (a) shall include--
            (1) a statement of the goals, priorities, and plans of the 
        Secretary for the Department, together with an assessment of 
        the progress made toward--
                    (A) the attainment of those goals;
                    (B) the effective and efficient management of the 
                Department; and
                    (C) progress made in coordination of departmental 
                functions with other Federal departments and agencies;
            (2) the information required by--
                    (A) section 15 of the Federal Energy Administration 
                Act of 1974 (15 U.S.C. 774);
                    (B) section 365(c) of the Energy Policy and 
                Conservation Act (42 U.S.C. 6325(c));
                    (C) section 304(c) of the Nuclear Waste Policy Act 
                of 1982 (42 U.S.C. 10224(c));
                    (D) section 307 of the Energy Reorganization Act of 
                1974 (42 U.S.C. 5877); and
                    (E) section 15 of the Federal Nonnuclear Energy 
                Research and Development Act of 1974 (42 U.S.C. 5914);
            (3) the projected energy needs of the United States to meet 
        the requirements of the general welfare of the residents and 
        the commercial and industrial entities of the United States, 
        including a comprehensive summary of data pertaining to all 
        fuel and energy needs of residents of the United States 
        residing in--
                    (A) areas outside standard metropolitan statistical 
                areas; and
                    (B) areas within such areas that are unincorporated 
                or rural areas, as specified by the Bureau of the 
                Census;
            (4) an estimate of--
                    (A) the domestic and foreign energy supply on which 
                the United States will be expected to rely to meet 
                those needs in an economic manner, with due regard for 
                the protection of the environment, the conservation of 
                natural resources, and the implementation of foreign 
                policy objectives; and
                    (B) the quantities of energy expected to be 
                provided by different sources (including petroleum, 
                natural and synthetic gases, coal, uranium, 
                hydroelectric, solar, and other means) and the expected 
                means of obtaining those quantities;
            (5) current and foreseeable trends in the price, quality, 
        management, and use of energy resources and the effects of 
        those trends on the social, environmental, economic, and other 
        requirements of the United States;
            (6) a summary of research and development efforts funded by 
        the Federal Government to develop new technologies, to 
        forestall energy shortages, to reduce waste, to foster 
        recycling, to encourage conservation practices, and to increase 
        efficiency, including a description of the activities carried 
        out by the Department in support of environmental, social, 
        economic, institutional, biomedical, physical, and safety 
        research, development, demonstration, and monitoring activities 
        necessary to guarantee that technological programs funded by 
        the Department are carried out in a manner that is capable of--
                    (A) maintaining or improving the quality of the 
                environment; and
                    (B) mitigating any undesirable environmental and 
                safety impacts;
            (7) a review and appraisal of the adequacy and 
        appropriateness of technologies, procedures, and practices 
        (including competitive and regulatory practices) employed by 
        the Federal Government or State and local governments and 
        nongovernmental entities to achieve the purposes of this Act;
            (8) a summary of cooperative and voluntary efforts that 
        have been mobilized to promote conservation and recycling, 
        together with plans for such efforts during the succeeding 
        fiscal year, and recommendations for changes in laws and 
        regulations needed to encourage more conservation and recycling 
        by all segments of the United States;
            (9) a summary of substantive measures taken by the 
        Department--
                    (A) to stimulate and encourage the development of 
                new manpower resources through institutions of higher 
                education in the United States; and
                            (i) to involve those institutions in the 
                        execution of the research and development 
                        programs of the Department; and
            (10) to the maximum extent practicable, a summary of 
        activities in the United States by individuals or entities that 
        are foreign-owned or -controlled and that own or control United 
        States energy sources and supplies, including the magnitude of 
        annual foreign direct investment in the energy sector in the 
        United States and exports of energy resources from the United 
        States by foreign-owned or -controlled individuals or entities, 
        and such other related matters as the Secretary determines to 
        be appropriate.

SEC. 627. TRANSFER OF FUNDS.

    (a) In General.--Except as provided in subsection (b), the 
Secretary, as authorized in an appropriations Act, may transfer for any 
fiscal year funds from 1 appropriation to another within the 
Department.
    (b) Exception.--No appropriation shall be increased or decreased 
pursuant to this section by more than 5 percent of the appropriation 
for the applicable fiscal year.

SEC. 628. GUARDS FOR STRATEGIC PETROLEUM RESERVE FACILITIES.

    In accordance with guidelines prescribed by the Secretary, in 
concurrence with the Attorney General, employees of the Department and 
employees of contractors and subcontractors (at any tier) of the 
Department, in carrying out the official duties of protecting the 
Strategic Petroleum Reserve or a storage or related facility, or of 
protecting individuals relating to the Strategic Petroleum Reserve or a 
storage or related facility, may--
            (1) carry firearms, if designated by the Secretary and 
        qualified for the use of firearms under the guidelines; and
            (2) arrest without warrant any individual for an offense 
        against the United States--
                    (A) in the case of a felony, if the employee has 
                reasonable grounds to believe that the individual--
                            (i) has committed or is committing a 
                        felony; and
                            (ii) is in, or is fleeing from, the 
                        immediate area of the felony; and
                    (B) in the case of a felony or misdemeanor, if the 
                violation is committed in the presence of the employee.

SEC. 629. TRESPASS ON STRATEGIC PETROLEUM RESERVE FACILITIES.

    (a) Regulations.--
            (1) In general.--The Secretary may promulgate regulations 
        relating to the entry on, or carrying, transporting, or 
        otherwise introducing or causing to be introduced any dangerous 
        weapon, explosive, or other dangerous instrument or material 
        likely to produce substantial injury or damage to individuals 
        or property into or onto, the Strategic Petroleum Reserve, a 
        storage or related facility, or real property subject to the 
        jurisdiction or administration, or in the custody, of the 
        Secretary under part B of title I of the Energy Policy and 
        Conservation Act (42 U.S.C. 6231 et seq.).
            (2) Notice.--The Secretary shall post conspicuously on any 
        property subject to the regulations under paragraph (1) a 
        notification that the property is subject to the regulations.
    (b) Violators.--Any individual who willfully violates a regulation 
of the Secretary promulgated pursuant to subsection (a) shall be--
            (1) guilty of a misdemeanor; and
            (2) punished on conviction by a fine of not more than 
        $5,000, imprisonment for not more than 1 year, or both.

SEC. 630. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF FACILITIES 
              TO TERRORIST ATTACK.

    (a) In General.--Not less frequently than once each year, the 
Secretary shall conduct a comprehensive assessment of the vulnerability 
of Department facilities to a terrorist attack.
    (b) Reports.--Not later than January 31, 2012, and annually 
thereafter, the Secretary shall submit to Congress a report on the 
assessment conducted under subsection (a) for the preceding calendar 
year, including the results of the assessment, together with such 
findings and recommendations as the Secretary considers to be 
appropriate.

      TITLE VII--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

SEC. 701. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    (a) In General.--Except as otherwise provided in this Act, the 
personnel employed in connection with, and the assets, liabilities, 
contracts, property, records, and unexpended balance of appropriations 
authorizations, allocations, and other funds employed, held, used, 
arising from, available to, or to be made available in connection with 
the functions transferred by this Act, subject to section 1531 of title 
31, United States Code, are transferred to the Secretary for 
appropriate allocation.
    (b) Use of Unexpended Funds.--Unexpended funds transferred pursuant 
to subsection (a) shall only be used for the purposes for which the 
funds were originally authorized and appropriated.
    (c) Specific Positions.--Positions expressly specified by statute 
or reorganization plan to carry out functions transferred by this Act, 
personnel occupying those positions on the effective date of this Act, 
and personnel authorized to receive compensation in those positions at 
the rate prescribed for offices and positions at level I, II, III, IV, 
or V of the Executive Schedule under subchapter II of chapter 53 of 
title 5, United States Code, on the effective date of this Act, shall 
be subject to section 703.

SEC. 702. EFFECT ON PERSONNEL.

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

SEC. 703. AGENCY TERMINATIONS.

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

SEC. 704. INCIDENTAL TRANSFERS.

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

SEC. 705. SAVINGS PROVISIONS.

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

SEC. 706. REFERENCE.

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

SEC. 707. PRESIDENTIAL AUTHORITY.

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

SEC. 708. TRANSITION.

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

SEC. 709. ADMINISTRATIVE AMENDMENTS.

    (a) Executive Departments.--Section 101 of title 5, United States 
Code is amended by striking `` Department of Energy'' and inserting 
``Department of Energy and the Environment''.
    (b) Level I.--Section 5312 of title 5, United States Code, is 
amended by striking ``Secretary of Energy'' and inserting ``Secretary 
of Energy and the Environment''.
    (c) Level II.--Section 5313 of title 5, United States Code, is 
amended--
            (1) by striking ``Deputy Secretary of Energy'' and 
        inserting ``Deputy Secretary of Energy and the Environment''; 
        and
            (2) by striking ``Administrator of the Environmental 
        Protection Agency.''.
    (d) Level III.--Section 5314 of title 5, United States Code, is 
amended by striking ``Under Secretaries of Energy (3)'' and inserting 
``Under Secretaries of Energy and the Environment (4)''.
    (e) Level IV.--Section 5315 of title 5, United States Code, is 
amended--
            (1) by striking ``Assistant Secretaries of Energy (8)'' and 
        inserting ``Assistant Secretaries of Energy and the Environment 
        (18)'';
            (2) by striking ``General Counsel of the Department of 
        Energy'' and inserting ``General Counsel of the Department of 
        Energy and the Environment'';
            (3) by striking ``Administrator, Economic Regulatory 
        Administration, Department of Energy.'';
            (4) by striking ``Administrator, Energy Information 
        Administration, Department of Energy.'' and inserting 
        ``Administrator, Energy and Environment Information 
        Administration, Department of Energy and the Environment.'';
            (5) by striking ``Director, Office of Indian Energy Policy 
        and Programs, Department of Energy'';
            (6) by striking ``Director, Office of Science, Department 
        of Energy.'';
            (7) by striking ``Assistant Administrator for Toxic 
        Substances, Environmental Protection Agency.'';
            (8) by striking ``Assistant Administrator, Office of Solid 
        Waste, Environmental Protection Agency.'';
            (9) by striking ``Assistant Administrators, Environmental 
        Protection Agency (8).'';
            (10) by striking ``Chief Financial Officer, Department of 
        Energy'' and inserting ``Chief Financial Officer, Department of 
        Energy and the Environment'';
            (11) by striking ``Chief Financial Officer, Environmental 
        Protection Agency.'';
            (12) by striking ``Chief Information Officer, Department of 
        Energy'' and inserting ``Chief Information Officer, Department 
        of Energy and the Environment''; and
            (13) by striking ``Chief Information Officer, Environmental 
        Protection Agency.''.
    (f) Level V.--Section 5316 of title 5, United States Code, is 
amended by striking ``Additional Officers, Department of Energy (14)'' 
and inserting ``Additional Officers, Department of Energy and the 
Environment (14)''.

SEC. 710. DIRECTOR OF OFFICE OF PERSONNEL MANAGEMENT REPORT.

    As soon as practicable but not later than 1 year after the 
effective date of this Act, the Director of Office of Personnel 
Management shall prepare and submit to Congress a report on the effects 
on employees of the reorganization under this Act, which shall 
include--
            (1) an identification of any position within the Department 
        or elsewhere in the Executive branch that the Director 
        considers unnecessary due to consolidation of functions under 
        this Act;
            (2) a statement of the number of employees entitled to pay 
        savings by reason of the reorganization under this Act;
            (3) a statement of the number of employees who are 
        voluntarily or involuntarily separated by reason of the 
        reorganization;
            (4) an estimate of the personnel costs associated with the 
        reorganization;
            (5) the effects of the reorganization on labor management 
        relations; and
            (6) such legislative and administrative recommendations for 
        improvements in personnel management within the Department as 
        the Director considers necessary.

SEC. 711. INVESTIGATIONS AND REPORTS ON DUPLICATIVE PROGRAMS AND 
              ACTIVITIES.

    The Secretary shall--
            (1) conduct routine investigations to identify programs, 
        offices, and initiatives with duplicative goals and activities 
        within the Department; and
            (2) report annually to Congress on the findings from the 
        investigations (including the cost of such duplication), 
        including recommendations for consolidation and elimination to 
        reduce duplication and for specific rescissions.

SEC. 712. ENVIRONMENTAL IMPACT STATEMENTS.

    The transfer of functions under titles III and IV shall not affect 
the validity of any draft environmental impact statement or similar 
analysis required under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) and published before the effective date of 
this Act.

SEC. 713. CONFORMING AMENDMENTS.

    The Department of Energy Organization Act (42 U.S.C. 7101 et seq.) 
is repealed.

                      TITLE VIII--ENERGY PLANNING

SEC. 801. NATIONAL ENERGY POLICY PLAN.

    (a) In General.--The President shall--
            (1) in accordance with subsection (b), prepare and submit 
        to Congress a proposed National Energy Policy Plan (referred to 
        in this title as a ``proposed Plan'');
            (2) seek the active participation by regional, State, and 
        local agencies and instrumentalities and the private sector 
        through public hearings in cities and rural communities and 
        other appropriate means to ensure, to the maximum extent 
        practicable, that the views and proposals of all segments of 
        the economy are taken into account in the formulation and 
        review of the proposed Plan;
            (3) include in the proposed Plan a comprehensive summary of 
        data pertaining to all fuel and energy needs of persons 
        residing in--
                    (A) areas outside standard metropolitan statistical 
                areas; and
                    (B) areas within standard metropolitan statistical 
                areas that are unincorporated or are specified by the 
                Bureau of the Census as rural areas.
    (b) Contents of Proposed Plan.--Not later than April 1, 2012, and 
biennially thereafter, the President shall submit to Congress the 
proposed Plan, which shall--
            (1) consider and establish energy production, use, and 
        conservation objectives, for periods of 5 and 10 years, 
        necessary to satisfy projected energy needs of the United 
        States to meet the requirements of the general welfare of the 
        people of the United States and the commercial and industrial 
        life of the United States, paying particular attention to the 
        needs for--
                    (A) full employment;
                    (B) price stability;
                    (C) energy security;
                    (D) economic growth;
                    (E) environmental protection;
                    (F) nuclear nonproliferation;
                    (G) special regional needs; and
                    (H) the efficient use of public and private 
                resources;
            (2) identify the strategies that should be followed and the 
        resources that should be committed to achieve those objectives, 
        including--
                    (A) forecasting the level of production and 
                investment necessary in each of the significant energy 
                supply sectors and the level of conservation and 
                investment necessary in each consuming sector; and
                    (B) outlining the appropriate policies and actions 
                of the Federal Government that will maximize the 
                private production and investment necessary in each of 
                the significant energy supply sectors consistent with 
                applicable Federal, State, and local environmental 
                laws, standards, and requirements; and
            (3) contain recommendations for legislative and 
        administrative actions necessary to achieve the objectives of 
        the proposed Plan, including legislative recommendations with 
        respect to taxes or tax incentives, Federal funding, regulatory 
        actions, antitrust policy, foreign policy, and international 
        trade.
    (c) Contents of Report.--The President shall submit to Congress 
with the proposed Plan a report that shall include--
            (1) any data and analysis necessary to support the 
        objectives, resource needs, and policy recommendations 
        contained in the proposed Plan;
            (2) an estimate of the domestic and foreign energy supplies 
        on which the United States will be expected to rely to meet 
        projected energy needs in an economic manner consistent with 
        the need to protect the environment, conserve natural 
        resources, and implement foreign policy objectives;
            (3) an evaluation of current and foreseeable trends in the 
        price, quality, management, and use of energy resources and the 
        effects of those trends on the social, environmental, economic, 
        and other requirements of the United States;
            (4) a summary of research and development efforts funded by 
        the Federal Government--
                    (A) to forestall energy shortages;
                    (B) to reduce waste;
                    (C) to foster recycling;
                    (D) to encourage conservation practices; and
                    (E) to otherwise protect environmental quality, 
                including recommendations for developing technologies 
                to accomplish the purposes listed in subparagraphs (A) 
                through (D); and
            (5) a review and appraisal of the adequacy and 
        appropriateness of technologies, procedures, and practices 
        (including competitive and regulatory practices) employed by 
        Federal, State, and local governments and nongovernmental 
        entities to achieve the purposes of the proposed Plan.
    (d) Consultation Required.--The President shall ensure that 
consumers, small businesses, and a wide range of other interests, 
including those of individual citizens who have no financial interest 
in the energy industry, are consulted in the development of the 
proposed Plan.

SEC. 802. CONGRESSIONAL REVIEW.

    (a) In General.--Each proposed Plan shall be referred to the 
appropriate committees of the Senate and the House of Representatives.
    (b) Committee Action.--Each committee to which a proposed Plan is 
referred shall--
            (1) review the proposed Plan; and
            (2) if considered appropriate by the committee, report to 
        the Senate or the House of Representatives legislation 
        regarding the proposed Plan, which may contain such 
        alternatives to, modifications of, or additions to the proposed 
        Plan submitted by the President as the committee considers 
        appropriate.

         TITLE IX--ELIMINATION OR REDUCTION OF CERTAIN PROGRAMS

                      Subtitle A--Energy Programs

SEC. 901. ELIMINATION OF GRANTS TO STATES FOR ENERGY CONSERVATION AND 
              WEATHERIZATION.

    (a) Weatherization Assistance Program.--Part A of title IV of the 
Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) is 
repealed.
    (b) Energy Efficiency Conservation Block Grant Program.--Subtitle E 
of title V of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17151 et seq.) is repealed.
    (c) Sustainable Energy Resources for Consumers Grants.--Section 
411(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 
6872 note; Public Law 110-140) is repealed.
    (d) Weatherization Innovation Pilot Program.--Section 126 of the 
Energy Policy Act of 2005 (42 U.S.C. 15823) is repealed.
    (e) State Energy Program.--Part D of title III of the Energy Policy 
and Conservation Act (42 U.S.C. 6321 et seq.) is repealed.
    (f) Rescission of Funds for the Office of Energy Efficiency and 
Renewable Energy.--Effective on the date of enactment of this Act, 
there are rescinded all unobligated balances of the amounts made 
available under the heading ``Energy Efficiency and Renewable Energy'' 
under the heading ``DEPARTMENT OF ENERGY ENERGY PROGRAMS'' under title 
IV of division A of the American Recovery and Reinvestment Act of 2009 
(Public Law 111-5; 123 Stat. 138).

SEC. 902. REDUCTION OF DEPARTMENT FUNDING FOR ENERGY TECHNOLOGY 
              DEVELOPMENT.

    (a) Energy Efficiency.--Section 911 of the Energy Policy Act of 
2005 (42 U.S.C. 16191) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking ``fiscal year 
                2009.'' and inserting ``for each of fiscal years 2009 
                through 2011; and''; and
                    (C) by adding at the end the following:
            ``(4) $238,000,000 for each of fiscal years 2012 through 
        2016.''; and
            (2) in subsection (d), by striking ``section 912'' and all 
        that follows through the end and inserting the following: 
        ``section 912--
            ``(1) $50,000,000 for each of fiscal years 2010 and 2011; 
        and
            ``(2) $12,500,000 for each of fiscal years 2012 through 
        2016.''.
    (b) Renewable Energy.--Section 931(b) of the Energy Policy Act of 
2005 (42 U.S.C. 16231(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking ``fiscal year 2010.'' and 
        inserting ``for each of fiscal years 2010 and 2011; and''; and
            (3) by adding at the end the following:
            ``(5) $240,750,000 for each of fiscal years 2012 through 
        2016.''.
    (c) Nuclear Energy.--Section 951(b) of the Energy Policy Act of 
2005 (42 U.S.C. 16271(b)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking ``fiscal year 2009.'' and 
        inserting ``for each of fiscal years 2009 through 2011; and''; 
        and
            (3) by adding at the end the following:
            ``(5) $123,750,000 for each of fiscal years 2012 through 
        2016.''.
    (d) Fossil Energy.--Section 961(b) of the Energy Policy Act of 2005 
(42 U.S.C. 16291(b)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking ``fiscal year 2009.'' and 
        inserting ``for each of fiscal years 2009 through 2011; and''; 
        and
            (3) by adding at the end the following:
            ``(4) $160,250,000 for each of fiscal years 2012 through 
        2016.''.
    (e) Office of Science.--Section 971(b) of the Energy Policy Act of 
2005 (42 U.S.C. 16311(b)) is amended--
            (1) in paragraph (5), by adding ``and'' at the end; and
            (2) by striking paragraphs (6) and (7) and inserting the 
        following:
            ``(6) $1,311,750,000 for each of fiscal years 2012 through 
        2016.''.
    (f) Advanced Research Projects Agency--Energy.--Section 5012(n)(2) 
of the America COMPETES Act (42 U.S.C. 16538(n)(2)) is amended--
            (1) in subparagraph (C), by adding ``and'' at the end; and
            (2) by striking subparagraphs (D) and (E) and inserting the 
        following:
                    ``(D) $75,000,000 for each of fiscal years 2012 
                through 2016.''.

SEC. 903. PROHIBITION ON REFURBISHMENT OF THE LOS ALAMOS NEUTRON 
              SCIENCE CENTER (LANSCE).

    Notwithstanding any other provision of law, no funds made available 
under this or any other Act may be used to carry out any refurbishment 
of the Los Alamos Neutron Science Center of the Los Alamos National 
Laboratory, Los Alamos, New Mexico.

SEC. 904. REPEAL OF ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND 
              OTHER PETROLEUM RESOURCES RESEARCH AND DEVELOPMENT 
              PROGRAM.

    Subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C. 
16371 et seq.) is repealed.

SEC. 905. REDUCTION IN FOSSIL ENERGY RESEARCH AND DEVELOPMENT.

    (a) Repeal of Oil and Gas Research and Development Programs.--
            (1) In general.--Section 965 of the Energy Policy Act of 
        2005 (42 U.S.C. 16295) is repealed.
            (2) Prohibition.--Notwithstanding any other provision of 
        law, no funds may be made available for oil and gas research 
        and development within the fossil energy research and 
        development account of the Department.
    (b) Reduction in Funding for Carbon Capture and Sequestration 
Research, Development, and Demonstration.--Section 963(d) of the Energy 
Policy Act of 2005 (42 U.S.C. 16293(d)) is amended by striking 
paragraph (5) and inserting the following:
            ``(5) $184,000,000 for each of fiscal years 2012 through 
        2016.''.

SEC. 906. ADMINISTRATIVE EFFICIENCY INITIATIVE.

    Not later than 30 days after the date of enactment of this Act, the 
President shall issue an Executive order that provides for 
administrative costs savings across the Federal Government, including 
savings achieved by--
            (1) reducing travel and relocation costs, including through 
        the use of technologies such as webinars and videoconferencing;
            (2) eliminating unnecessary printing and copying costs;
            (3) reducing the need to contract for professional and 
        technical services, and, in cases in which such services are 
        necessary, buying less, paying lower rates, and acquiring 
        services using fixed-price arrangements; and
            (4) reducing spending on supplies and materials by 
        decreasing the overall amount purchased and purchasing more 
        efficiently.

SEC. 907. DO NOT PAY FRAUD PREVENTION ACTIVITIES.

    (a) In General.--The Secretary of the Treasury shall use funds made 
available to carry out this section to support the expansion of, and 
the addition of forensic fraud detection capabilities to, the list 
established by the Presidential memorandum entitled ``Enhancing Payment 
Accuracy Through a `Do Not Pay List''' (75 Fed. Reg. 35953 (June 18, 
2010)).
    (b) Requirements.--Of funds made available to carry out this 
section, the Secretary of the Treasury shall use not more than--
            (1) $7,000,000--
                    (A) to procure forensic fraud detection technology; 
                and
                    (B) to hire staff to support an operations center 
                to analyze fraud patterns, link public and private 
                sector information, help identify and prevent fraud and 
                improper payments, and refer potential issues to agency 
                management and the relevant Inspector General; and
            (2) $3,000,000 to expand the number of databases linked to 
        the ``Do Not Pay'' list and support the underlying platform.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 
2012.

                   Subtitle B--Environmental Programs

SEC. 911. STATE WATER POLLUTION CONTROL REVOLVING FUNDS.

    (a) Termination of Authority.--The State water pollution control 
revolving funds program of the Environmental Protection Agency under 
section 205(m) or title VI of the Federal Water Pollution Control Act 
(33 U.S.C. 1285(m); 33 U.S.C. 1381 et seq.) is terminated.
    (b) Rescission.--Notwithstanding any other provision of law--
            (1) all amounts made available for the State water 
        pollution control revolving funds program of the Environmental 
        Protection Agency under section 205(m) or title VI of the 
        Federal Water Pollution Control Act (33 U.S.C. 1285(m); 33 
        U.S.C. 1381 et seq.) (as in existence on the day before the 
        date of enactment of this Act) that remain unobligated as of 
        September 30, 2011, are rescinded; and
            (2) no amounts made available after September 30, 2011, for 
        the program referred to in paragraph (1) (as so in existence) 
        shall be expended, other than such amounts as are necessary to 
        cover costs incurred in terminating ongoing projects and 
        activities under that program, as determined by the Secretary, 
        in consultation with other appropriate Federal agencies.

SEC. 912. STATE DRINKING WATER REVOLVING FUNDS.

    (a) Termination of Authority.--The State drinking water revolving 
loan funds program of the Environmental Protection Agency under section 
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is terminated.
    (b) Rescission.--Notwithstanding any other provision of law--
            (1) all amounts made available for State drinking water 
        revolving loan funds program of the Environmental Protection 
        Agency under section 1452 of the Safe Drinking Water Act (42 
        U.S.C. 300j-12) (as in existence on the day before the date of 
        enactment of this Act) that remain unobligated as of September 
        30, 2011, are rescinded; and
            (2) no amounts made available after September 30, 2011, for 
        the program referred to in paragraph (1) (as so in existence) 
        shall be expended, other than such amounts as are necessary to 
        cover costs incurred in terminating ongoing projects and 
        activities under that program, as determined by the Secretary, 
        in consultation with other appropriate Federal agencies.

SEC. 913. PERFORMANCE PARTNERSHIP GRANTS.

    (a) Termination of Authority.--The performance partnership grants 
program of the Environmental Protection Agency is terminated.
    (b) Rescission.--Notwithstanding any other provision of law--
            (1) all amounts made available for the performance 
        partnership grants program of the Environmental Protection 
        Agency (as in existence on the day before the date of enactment 
        of this Act) that remain unobligated as of September 30, 2011, 
        are rescinded; and
            (2) no amounts made available after September 30, 2011, for 
        the program referred to in paragraph (1) (as so in existence) 
        shall be expended, other than such amounts as are necessary to 
        cover costs incurred in terminating ongoing projects and 
        activities under that program, as determined by the Secretary, 
        in consultation with other appropriate Federal agencies.

SEC. 914. POLLUTION CONTROL PROGRAMS.

    (a) Termination of Authority.--The pollution control programs of 
the Environmental Protection Agency under section 106 of the Federal 
Water Pollution Control Act (33 U.S.C. 1256) are terminated.
    (b) Rescission.--Notwithstanding any other provision of law--
            (1) all amounts made available for the pollution control 
        programs of the Environmental Protection Agency under section 
        106 of the Federal Water Pollution Control Act (33 U.S.C. 1256) 
        (as in existence on the day before the date of enactment of 
        this Act) that remain unobligated as of September 30, 2011, are 
        rescinded; and
            (2) no amounts made available after September 30, 2011, for 
        the programs referred to in paragraph (1) (as so in existence) 
        shall be expended, other than such amounts as are necessary to 
        cover costs incurred in terminating ongoing projects and 
        activities under those programs, as determined by the 
        Secretary, in consultation with other appropriate Federal 
        agencies.

SEC. 915. NONPOINT SOURCE MANAGEMENT PROGRAMS.

    (a) Termination of Authority.--The nonpoint source management 
program of the Environmental Protection Agency under section 319 of the 
Federal Water Pollution Control Act (33 U.S.C. 1329) is terminated.
    (b) Rescission.--Notwithstanding any other provision of law--
            (1) all amounts made available for the nonpoint source 
        management program under section 319 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1329) of the Environmental 
        Protection Agency (as in existence on the day before the date 
        of enactment of this Act) that remain unobligated as of 
        September 30, 2011, are rescinded; and
            (2) no amounts made available after September 30, 2011, for 
        the program referred to in paragraph (1) (as so in existence) 
        shall be expended, other than such amounts as are necessary to 
        cover costs incurred in terminating ongoing projects and 
        activities under that program, as determined by the Secretary, 
        in consultation with other appropriate Federal agencies.

SEC. 916. TARGETED WATERSHED GRANTS.

    (a) Termination of Authority.--The targeted watershed grants 
program of the Environmental Protection Agency is terminated.
    (b) Rescission.--Notwithstanding any other provision of law--
            (1) all amounts made available for the targeted watershed 
        grants program of the Environmental Protection Agency (as in 
        existence on the day before the date of enactment of this Act) 
        that remain unobligated as of September 30, 2011, are 
        rescinded; and
            (2) no amounts made available after September 30, 2011, for 
        the program referred to in paragraph (1) (as so in existence) 
        shall be expended, other than such amounts as are necessary to 
        cover costs incurred in terminating ongoing projects and 
        activities under those programs, as determined by the 
        Secretary, in consultation with other appropriate Federal 
        agencies.

SEC. 917. U.S.-MEXICO BORDER WATER INFRASTRUCTURE PROGRAM.

    (a) Termination of Authority.--The U.S.-Mexico border water 
infrastructure program of the Environmental Protection Agency is 
terminated.
    (b) Rescission.--Notwithstanding any other provision of law--
            (1) all amounts made available for the U.S.-Mexico Border 
        Water Infrastructure Program of the Environmental Protection 
        Agency (as in existence on the day before the date of enactment 
        of this Act) that remain unobligated as of September 30, 2011, 
        are rescinded; and
            (2) no amounts made available after September 30, 2011, for 
        the program referred to in paragraph (1) (as so in existence) 
        shall be expended, other than such amounts as are necessary to 
        cover costs incurred in terminating ongoing projects and 
        activities under those programs, as determined by the 
        Secretary, in consultation with other appropriate Federal 
        agencies.

SEC. 918. TRIBAL ASSISTANCE GRANTS.

    (a) Termination of Authority.--The tribal assistance grants 
programs of the Environmental Protection Agency are terminated.
    (b) Rescission.--Notwithstanding any other provision of law--
            (1) all amounts made available for the tribal assistance 
        grants programs of the Environmental Protection Agency (as in 
        existence on the day before the date of enactment of this Act) 
        that remain unobligated as of September 30, 2011, are 
        rescinded; and
            (2) no amounts made available after September 30, 2011, for 
        the programs referred to in paragraph (1) (as so in existence) 
        shall be expended, other than such amounts as are necessary to 
        cover costs incurred in terminating ongoing projects and 
        activities under those programs, as determined by the 
        Secretary, in consultation with other appropriate Federal 
        agencies.

SEC. 919. PUBLIC WATER SYSTEM SUPERVISION PROGRAM.

    (a) Termination of Authority.--The public water system supervision 
program of the Environmental Protection Agency under section 1443 of 
the Safe Water Drinking Act (42 U.S.C. 300j-2) is terminated.
    (b) Rescission.--Notwithstanding any other provision of law--
            (1) all amounts made available for the public water system 
        supervision program of the Environmental Protection Agency 
        under section 1443 of the Safe Water Drinking Act (42 U.S.C. 
        300j-2) (as in existence on the day before the date of 
        enactment of this Act) that remain unobligated as of September 
        30, 2011, are rescinded; and
            (2) no amounts made available after September 30, 2011, for 
        the programs referred to in paragraph (1) (as so in existence) 
        shall be expended, other than such amounts as are necessary to 
        cover costs incurred in terminating ongoing projects and 
        activities under those programs, as determined by the 
        Secretary, in consultation with other appropriate Federal 
        agencies.

SEC. 920. UNDERGROUND INJECTION CONTROL PROGRAM.

    (a) Termination of Authority.--The underground injection control 
program of the Environmental Protection Agency under part C of the Safe 
Drinking Water Act (42 U.S.C. 300h et seq.) is terminated.
    (b) Rescission.--Notwithstanding any other provision of law--
            (1) all amounts made available for the underground 
        injection control program of the Environmental Protection 
        Agency under part C of the Safe Drinking Water Act (42 U.S.C. 
        300h et seq.) (as in existence on the day before the date of 
        enactment of this Act) that remain unobligated as of September 
        30, 2011, are rescinded; and
            (2) no amounts made available after September 30, 2011, for 
        the program referred to in paragraph (1) (as so in existence) 
        shall be expended, other than such amounts as are necessary to 
        cover costs incurred in terminating ongoing projects and 
        activities under those programs, as determined by the 
        Secretary, in consultation with other appropriate Federal 
        agencies.

SEC. 921. TERMINATION OF DIESEL EMISSIONS REDUCTION GRANTS.

    Subtitle G of title VII of the Energy Policy Act of 2005 (42 U.S.C. 
16131 et seq.) is repealed.

SEC. 922. TERMINATION OF LOCAL GOVERNMENT CLIMATE CHANGE GRANTS.

    (a) Amendment.--In the second proviso of the undesignated matter 
under the heading ``State and tribal assistance grants'' under the 
heading ``Environmental Protection Agency'' under title II of division 
A of the Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2010 (Public Law 111-88; 123 Stat. 2936), strike 
``$10,000,000 shall be for competitive grants to communities to develop 
plans and demonstrate and implement projects which reduce greenhouse 
gas emissions''.
    (b) Prohibition.--Notwithstanding any other provision of law 
(including regulations), the Secretary shall not provide any 
competitive grants to communities for any of fiscal years 2012 through 
2016 to develop plans and demonstrate and implement projects that 
reduce greenhouse gas emissions.

SEC. 923. TERMINATION OF TARGETED AIRSHED GRANTS.

    (a) Amendment.--In the second proviso of the undesignated matter 
under the heading ``State and tribal assistance grants'' under the 
heading ``Environmental Protection Agency'' under title II of division 
A of the Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2010 (Public Law 111-88; 123 Stat. 2936), strike 
``$20,000,000 shall be for targeted airshed grants in accordance with 
the terms and conditions of the joint explanatory statement of the 
managers accompanying this Act;''.
    (b) Prohibition.--Notwithstanding any other provision of law 
(including regulations), the Secretary shall not provide to the State 
of California for any of fiscal years 2012 through 2016 any targeted 
airshed grant as described in the joint explanatory statement of the 
managers accompanying the Department of the Interior, Environment, and 
Related Agencies Appropriations Act, 2010 (Public Law 111-88; 123 Stat. 
2904).

SEC. 924. TERMINATION OF TARGETED WATER INFRASTRUCTURE GRANTS.

    (a) Amendment.--In the second proviso of the undesignated matter 
under the heading ``State and tribal assistance grants'' under the 
heading ``Environmental Protection Agency'' under title II of division 
A of the Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2010 (Public Law 111-88; 123 Stat. 2936), strike 
``$156,777,000 shall be for making special project grants and technical 
corrections to prior-year grants for the construction of drinking 
water, wastewater and storm water infrastructure and for water quality 
protection in accordance with the terms and conditions specified for 
such grants in the joint explanatory statement of the managers 
accompanying this Act, and, for purposes of these grants, each grantee 
shall contribute not less than 45 percent of the cost of the project 
unless the grantee is approved for a waiver by the Agency;''.
    (b) Prohibition.--Notwithstanding any other provision of law 
(including regulations), the Secretary shall not provide to any State 
or Indian tribe for any of fiscal years 2012 through 2016 any grant to 
carry out a special project or technical correction to a prior-year 
grant for the construction of drinking water, wastewater, or storm 
water infrastructure, or for water quality protection, as described in 
the joint explanatory statement of the managers accompanying the 
Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2010 (Public Law 111-88; 123 Stat. 2904).

SEC. 925. REDUCTION IN FUNDING FOR HOMELAND SECURITY ACTIVITIES.

    Notwithstanding any other provision of law, for each of fiscal 
years 2012 through 2016, the Secretary may use not more than 
$104,000,000 to carry out activities relating to homeland security.

SEC. 926. REDUCTION IN FUNDING FOR GREAT LAKES INITIATIVE.

    Notwithstanding any other provision of law, for each of fiscal 
years 2012 through 2016, the Secretary may transfer not more than 
$350,000,000 of the funds made available for the Great Lakes Initiative 
in an appropriations Act under the heading ``environmental programs and 
management'' to the head of any Federal department or agency, with the 
concurrence of the head--
            (1) to carry out activities that would support the Great 
        Lakes Restoration Initiative and Great Lakes Water Quality 
        Agreement programs, projects, or activities;
            (2) to enter into an interagency agreement with the head of 
        the department or agency to carry out those activities; or
            (3) to make grants to governmental entities, nonprofit 
        organizations, institutions, and individuals for planning, 
        research, monitoring, outreach, and implementation in support 
        of the Great Lakes Restoration Initiative and the Great Lakes 
        Water Quality Agreement.

SEC. 927. REDUCTION IN FUNDING FOR NONPOINT SOURCE MANAGEMENT PROGRAM 
              GRANTS.

    Section 319 of the Federal Water Pollution Control Act (33 U.S.C. 
1329) is amended by striking subsection (j) and inserting the 
following:
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsections (h) and (i) for each of fiscal 
years 2012 through 2016 $165,000,000, to remain available until 
expended.''.

SEC. 928. SAVINGS THROUGH MAINTENANCE AGREEMENTS FOR CAPITAL EQUIPMENT.

    (a) Establishment of Program.--Not later than December 31, 2011, 
the Secretary, acting through the head of the Office of Acquisition 
Management (referred to in this section as the ``Administrator''), 
shall establish and carry out an enterprise-wide strategic sourcing 
program to improve efficiencies and economies in the acquisition 
programs of the Environmental Protection Agency.
    (b) Requirements.--In carrying out the program under subsection 
(a), the Administrator shall--
            (1) implement strategic sourcing processes throughout the 
        Environmental Protection Agency through--
                    (A) strategic planning;
                    (B) an in-depth understanding of internal 
                purchasing needs; and
                    (C) insight and knowledge of supply markets;
            (2) apply a centralized, cross-functional, cross-business 
        unit strategic approach; and
            (3) seek out opportunities, such as consolidating capital 
        equipment maintenance agreements, to create efficiencies and 
        economies of scale and enhance the value of acquisitions across 
        the Environmental Protection Agency.

SEC. 929. SAVINGS THROUGH ELECTRONIC EMISSIONS REPORTING.

    (a) Finding.--Congress finds that electronic reporting of emissions 
data to the Environmental Protection Agency will reduce reporting 
burdens, increase transparency, and enable integration of multiple data 
sets, greatly increasing the ability of the Environmental Protection 
Agency to monitor and analyze related compliance problems.
    (b) Expansion of Investment.--Not later than December 31, 2012, the 
Secretary shall--
            (1) expand investment in converting the paper-based 
        regulatory emissions reporting requirements of the 
        Environmental Protection Agency, as in existence on the date of 
        enactment of this Act, to an electronic reporting requirement; 
        and
            (2) invest in advanced monitoring technologies to 
        streamline and improve emissions data collection by the 
        Environmental Protection Agency.

SEC. 930. SAVINGS THROUGH REDUCING TRAVEL COSTS THROUGH 
              VIDEOCONFERENCING.

    For fiscal year 2011 and thereafter, the Secretary shall reduce the 
costs of the Department to the maximum extent practicable by expanding 
the use of videoconferencing capabilities (including by increasing the 
number of videoconferencing locations and interfaces on individual 
desktops as an option for employees who frequently travel) for program 
staff--
            (1) to reduce travel costs; and
            (2) to enhance communication among geographically dispersed 
        staff.

            TITLE X--EFFECTIVE DATE AND INTERIM APPOINTMENTS

SEC. 1001. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsections (b) and (d), 
this Act shall take effect on the earlier of--
            (1) 120 days after the Secretary first takes office; or
            (2) such date as the President may prescribe and publish in 
        the Federal Register.
    (b) Appointments and Regulations.--At any time after the date of 
enactment of this Act--
            (1) any of the officers provided for in titles II and IV 
        may be nominated and appointed, as provided in those titles; 
        and
            (2) the Secretary and the Commission may promulgate 
        regulations pursuant to section 705.
    (c) Use of Funds.--Funds available to any department or agency (or 
any official or component of a department of agency) functions of which 
are transferred to the Secretary or the Commission by this Act, may 
with the approval of the Director of the Office of Management and 
Budget, be used to pay the compensation and expenses of any officer 
appointed pursuant to subsection (b) until such time as funds for that 
purpose are otherwise available.
    (d) Elimination or Reduction of Certain Programs.--Title IX and the 
amendments made by title IX take effect on the date of enactment of 
this Act.

SEC. 1002. INTERIM APPOINTMENTS.

    (a) In General.--If one or more officers required by this Act to be 
appointed by and with the advice and consent of the Senate shall not 
have entered upon office on the effective date of this Act, the 
President may designate any officer, whose appointment was required to 
be made by and with the advice and consent of the Senate, and who was 
such an officer immediately prior to the effective date of the Act, to 
act in the office until the office is filled as provided in this Act.
    (b) Compensation.--Any person acting in an office in accordance 
with subsection (a) shall receive compensation at the rates provided by 
this Act for the respective office in which the person acts.
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