I 

113TH CONGRESS 

2D SESSION H. R. 5322 

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2014 

Mrs. BLACKBURN (for herself and Mr. ROE of Tennessee) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Energy and Commerce and Rules, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To establish the Department of Energy and the 

Environment, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Consolidate Heavy-handed and Outdated Programs Act 

6 of 2014’’. 

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

8 this Act is as follows: 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 5322 IH

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. 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•HR 5322 IH

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—EFFECTIVE DATE AND INTERIM APPOINTMENTS 

Sec. 901. Effective date. 

Sec. 902. Interim appointments. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 


tkelley on DSK3SPTVN1PROD with BILLS
4 

•HR 5322 IH

1 (1) ASSETS.—The term ‘‘assets’’ includes con2 tracts, facilities, property, records, unobligated or 

3 unexpended balances of appropriations, and other 

4 funds or resources (other than personnel). 

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

6 means the Federal Energy Regulatory Commission. 

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

8 means the Department of Energy and the Environ9 ment. 

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

11 any authority, power, right, privilege, immunity, pro12 gram, project, activity, duty, and responsibility. 

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

14 government’’ means— 

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

16 township, local public authority, school district, 

17 special district, intrastate district, council of 

18 governments (regardless of whether the council 

19 of governments is incorporated as a nonprofit 

20 corporation under State law), regional or inter21 state government entity, or agency or instru22 mentality of a local government; 

23 (B) an Indian tribe or authorized tribal or24 ganization or, in the State of Alaska, a Native 


tkelley on DSK3SPTVN1PROD with BILLS
5 

•HR 5322 IH

1 village or Alaska Regional Native Corporation; 

2 and 

3 (C) a rural community, unincorporated 

4 town or village, or other public entity. 

5 (6) NATIONAL LABORATORY.—The term ‘‘Na6 tional Laboratory’’ has the meaning given the term 

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

8 U.S.C. 15801). 

9 (7) PERFORM.—The term ‘‘perform’’, with re10 spect to a function, includes— 

11 (A) the undertaking, fulfillment, or execu12 tion of any duty or obligation; and 

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

14 right, or privilege. 

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

16 officers and employees. 

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

18 the Secretary of Energy and the Environment. 

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

20 (A) each of the several States of the 

21 United States; 

22 (B) the District of Columbia; 

23 (C) the Commonwealth of Puerto Rico; 

24 (D) Guam; 

25 (E) American Samoa; 


tkelley on DSK3SPTVN1PROD with BILLS
6 

•HR 5322 IH

1 (F) the Commonwealth of the Northern 

2 Mariana Islands; and 

3 (G) any other territory or possession of the 

4 United States. 

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

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

7 means— 

8 (A) all of the States; and 

9 (B) any waters within the jurisdiction of 

10 the United States. 

11 TITLE I—MISSION AND GOALS 

12 SEC. 101. MISSION. 

13 The primary mission of the Department is to ensure 

14 the security and prosperity of the United States by— 

15 (1) protecting human health; 

16 (2) safeguarding the natural environment; and 

17 (3) addressing the energy, environmental, and 

18 nuclear challenges of the United States through 

19 transformative science and technology solutions. 

20 SEC. 102. GOALS. 

21 The goals of the Department are— 

22 (1) to catalyze the timely, material, and effi23 cient transformation of the energy system of the 

24 United States and secure the leadership of the 

25 United States in energy technologies; 


tkelley on DSK3SPTVN1PROD with BILLS
7 

•HR 5322 IH

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

2 engineering as a cornerstone of the economic pros3 perity of the United States, with clear leadership in 

4 strategic areas; 

5 (3) to protect human health and safeguard the 

6 natural environment; and 

7 (4) to enhance nuclear security through de8 fense, nonproliferation, and environmental efforts. 

9 SEC. 103. RELATIONSHIP WITH STATES. 

10 (a) IN GENERAL.—If any proposed action by the De11 partment conflicts with the energy or environment plan 

12 of any State, the Department shall give due consideration 

13 to the needs of the State, and if practicable, attempt to 

14 resolve the conflict through consultations with appropriate 

15 State officials. 

16 (b) STATE MATTERS.—Nothing in this Act shall af17 fect the authority of any State over matters exclusively 

18 within the jurisdiction of the State. 

19 TITLE II—ESTABLISHMENT OF 

20 DEPARTMENT 

21 SEC. 201. ESTABLISHMENT. 

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

23 seat of government an executive department to be known 

24 as the Department of Energy and the Environment. 


tkelley on DSK3SPTVN1PROD with BILLS
8 

•HR 5322 IH

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

2 Department a Secretary of Energy and the Environment, 

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

4 advice and consent of the Senate. 

5 (c) ADMINISTRATION.—The Department shall be ad6 ministered, in accordance with this Act, under the super7 vision and direction of the Secretary. 

8 SEC. 202. PRINCIPAL OFFICERS. 

9 (a) DEPUTY SECRETARY.— 

10 (1) IN GENERAL.—There shall be in the De11 partment a Deputy Secretary, who shall be ap12 pointed by the President, by and with the advice and 

13 consent of the Senate. 

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

15 for and exercise the functions of the Secretary dur16 ing the absence or disability of the Secretary or in 

17 the event the office of Secretary becomes vacant. 

18 (3) ORDER OF SUCCESSION.—The Secretary 

19 shall designate the order in which the Under Secre20 taries and other officials shall act for and perform 

21 the functions of the Secretary during the absence or 

22 disability of both the Secretary and Deputy Sec23 retary or in the event of vacancies in both of those 

24 offices. 

25 (b) UNDER SECRETARY OF ENVIRONMENT.— 


tkelley on DSK3SPTVN1PROD with BILLS
9 

•HR 5322 IH

1 (1) IN GENERAL.—There shall be in the De2 partment an Under Secretary of Environment, who 

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

4 advice and consent of the Senate. 

5 (2) DUTIES.—The Under Secretary of Environ6 ment shall perform such functions and duties as the 

7 Secretary shall prescribe, consistent with this Act. 

8 (c) UNDER SECRETARY OF NUCLEAR SECURITY.— 

9 (1) IN GENERAL.—There shall be in the De10 partment an Under Secretary of Nuclear Security, 

11 who shall be appointed by the President, by and 

12 with the advice and consent of the Senate. 

13 (2) QUALIFICATIONS.—The Under Secretary of 

14 Nuclear Security shall be appointed from among in15 dividuals who— 

16 (A) have extensive backgrounds in national 

17 security, organizational management, and ap18 propriate technical fields; and 

19 (B) are well qualified to manage the nu20 clear weapons, nonproliferation, and materials 

21 disposition programs of the National Nuclear 

22 Security Administration in a manner that ad23 vances and protects the national security of the 

24 United States. 

25 (3) ADMINISTRATOR OF NUCLEAR SECURITY.— 


tkelley on DSK3SPTVN1PROD with BILLS
10 

•HR 5322 IH

1 (A) IN GENERAL.—The Under Secretary of 

2 Nuclear Security shall serve as the Adminis3 trator of Nuclear Security under section 3212 

4 of the National Nuclear Security Administra5 tion Act (50 U.S.C. 2402). 

6 (B) FUNCTIONS.— 

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

8 functions of the Administrator, the Under 

9 Secretary shall be subject to the authority, 

10 direction, and control of the Secretary. 

11 (ii) DELEGATION.—The authority, di12 rection, and control of the Secretary may 

13 be delegated only to the Deputy Secretary 

14 of Energy and the Environment, without 

15 redelegation. 

16 (d) UNDER SECRETARY OF SCIENCE.— 

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

19 be appointed by the President, by and with the ad20 vice and consent of the Senate. 

21 (2) QUALIFICATIONS.—The Under Secretary of 

22 Science shall be appointed from among individuals 

23 who— 

24 (A) have extensive background in scientific 

25 or engineering fields; and 


tkelley on DSK3SPTVN1PROD with BILLS
11 

•HR 5322 IH

1 (B) are well qualified to manage the civil2 ian research and development programs of the 

3 Department. 

4 (3) DUTIES.—The Under Secretary of Science 

5 shall— 

6 (A) serve as the Science and Technology 

7 Advisor to the Secretary; 

8 (B) monitor the research and development 

9 programs of the Department in order to advise 

10 the Secretary with respect to any undesirable 

11 duplication or gaps in the programs; 

12 (C) advise the Secretary with respect to 

13 the well-being and management of the multi14 purpose laboratories under the jurisdiction of 

15 the Department; 

16 (D) advise the Secretary with respect to 

17 education and training activities required for ef18 fective short- and long-term basic and applied 

19 research activities of the Department; 

20 (E) advise the Secretary with respect to 

21 grants and other forms of financial assistance 

22 required for effective short- and long-term basic 

23 and applied research activities of the Depart24 ment; 


tkelley on DSK3SPTVN1PROD with BILLS
12 

•HR 5322 IH

1 (F) advise the Secretary with respect to 

2 long-term planning, coordination, and develop3 ment of a strategic framework for Department 

4 research and development activities; and 

5 (G) carry out such additional duties that 

6 the Secretary assigns to the Under Secretary 

7 relating to basic and applied research, including 

8 supervision or support of research activities car9 ried out by any of the Assistant Secretaries des10 ignated by section 203, as the Secretary deter11 mines appropriate. 

12 (e) UNDER SECRETARY OF ENERGY.— 

13 (1) IN GENERAL.—There shall be in the De14 partment an Under Secretary of Energy, who shall 

15 be appointed by the President, by and with the ad16 vice and consent of the Senate. 

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

18 shall perform such functions and duties as the Sec19 retary shall prescribe, consistent with this Act. 

20 (f) GENERAL COUNSEL.— 

21 (1) IN GENERAL.—There shall be in the De22 partment a General Counsel, who shall be appointed 

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

24 of the Senate. 


tkelley on DSK3SPTVN1PROD with BILLS
13 

•HR 5322 IH

1 (2) DUTIES.—The General Counsel shall per2 form such functions and duties as the Secretary 

3 shall prescribe, consistent with this Act. 

4 SEC. 203. ASSISTANT SECRETARIES. 

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

6 18 Assistant Secretaries, each of whom shall be appointed 

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

8 the Senate. 

9 (b) FUNCTIONS.—The Assistant Secretaries shall 

10 perform such functions of the Secretary as are prescribed 

11 by the Secretary, including the following: 

12 (1) Air and radiation functions. 

13 (2) Enforcement and compliance assurance 

14 functions. 

15 (3) Legacy management functions. 

16 (4) Solid waste and emergency response func17 tions. 

18 (5) Environmental research and development 

19 functions. 

20 (6) Water functions. 

21 (7) Chemical safety and pollution prevention 

22 functions. 

23 (8) Environmental management functions. 

24 (9) Energy resource applications, including 

25 functions dealing with management of all forms of 


tkelley on DSK3SPTVN1PROD with BILLS
14 

•HR 5322 IH

1 energy production and utilization, including fuel sup2 ply, electric power supply, enriched uranium produc3 tion, energy technology programs, and the manage4 ment of energy resource leasing procedures on Fed5 eral land. 

6 (10) Energy research and development func7 tions, including the responsibility for policy and 

8 management of research and development for all as9 pects of— 

10 (A) solar energy resources; 

11 (B) geothermal energy resources; 

12 (C) recycling energy resources; 

13 (D) the fuel cycle for fossil energy re14 sources; and 

15 (E) the fuel cycle for nuclear energy re16 sources. 

17 (11) Environmental responsibilities and func18 tions, including— 

19 (A) advising the Secretary with respect to 

20 the conformance of the activities of the Depart21 ment to environmental protection laws and 

22 principles; and 

23 (B) conducting a comprehensive program 

24 of research and development on the environVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
15 

•HR 5322 IH

1 mental effects of energy technologies and pro2 grams. 

3 (12) International programs and international 

4 policy functions, including functions that assist in 

5 promoting international energy. 

6 (13) Intergovernmental policies and relations, 

7 including responsibilities for ensuring that— 

8 (A) national energy policies are reflective 

9 of and responsible to the needs of State and 

10 local governments; and 

11 (B) other components of the Department 

12 coordinate activities with State and local gov13 ernments, if appropriate, and develop intergov14 ernmental communications with State and local 

15 governments. 

16 (14) Competition and consumer affairs, includ17 ing responsibilities for— 

18 (A) the promotion of competition in the en19 ergy industry; 

20 (B) the protection of the consuming public 

21 in the energy policymaking processes; and 

22 (C) assisting the Secretary in the formula23 tion and analysis of policies, rules, and regula24 tions relating to competition and consumer af25 fairs. 


tkelley on DSK3SPTVN1PROD with BILLS
16 

•HR 5322 IH

1 (15) Nuclear waste management responsibil2 ities, including— 

3 (A) the establishment of control over exist4 ing Federal Government facilities for the treat5 ment and storage of nuclear wastes, including 

6 all containers, casks, buildings, vehicles, equip7 ment, and all other materials associated with 

8 the facilities; 

9 (B) the establishment of control over all 

10 existing nuclear waste in the possession or con11 trol of the Federal Government and all commer12 cial nuclear waste presently stored on site 

13 (other than the site of a licensed nuclear power 

14 electric generating facility), except that nothing 

15 in this paragraph shall alter or effect title to 

16 the waste; 

17 (C) the establishment of temporary and 

18 permanent facilities for storage, management, 

19 and ultimate disposal of nuclear wastes; 

20 (D) the establishment of facilities for the 

21 treatment of nuclear wastes; 

22 (E) the establishment of programs for the 

23 treatment, management, storage, and disposal 

24 of nuclear wastes; 


tkelley on DSK3SPTVN1PROD with BILLS
17 

•HR 5322 IH

1 (F) the establishment of fees or user 

2 charges for nuclear waste treatment or storage 

3 facilities, including fees to be charged Federal 

4 Government agencies; and 

5 (G) the promulgation of rules and regula6 tions to implement the authority described in 

7 this paragraph, except that nothing in this sec8 tion grants to the Department regulatory func9 tions of the Nuclear Regulatory Commission, or 

10 any additional related functions, as of the date 

11 of enactment of this Act. 

12 (16) Energy conservation functions, including— 

13 (A) the development of comprehensive en14 ergy conservation strategies for the United 

15 States; 

16 (B) the planning and implementation of 

17 major research and demonstration programs for 

18 the development of technologies and processes 

19 to reduce total energy consumption; 

20 (C) the administration of voluntary and 

21 mandatory energy conservation programs; and 

22 (D) the dissemination to the public of all 

23 available information on energy conservation 

24 programs and measures. 


tkelley on DSK3SPTVN1PROD with BILLS
18 

•HR 5322 IH

1 (17) Power marketing functions, including re2 sponsibility for marketing and transmission of Fed3 eral power. 

4 (18) Public and congressional relations func5 tions, including responsibilities for providing a con6 tinuing liaison between the Department and Con7 gress and the Department and the public. 

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

9 any individual is submitted for confirmation to the posi10 tion of Assistant Secretary, the President shall identify 

11 with particularity the one or more functions described in 

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

13 the individual will be responsible. 

14 SEC. 204. OTHER OFFICERS. 

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

16 General of the Department, who shall be appointed as pro17 vided in section 3(a) of the Inspector General Act of 1978 

18 (5 U.S.C. App.). 

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

20 the performance of the functions of the Secretary, there 

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

22 appointed by the Secretary: 

23 (1) A Chief Financial Officer. 

24 (2) A Congressional and Intergovernmental Af25 fairs Officer. 


tkelley on DSK3SPTVN1PROD with BILLS
19 

•HR 5322 IH

1 (3) A Community and Public Affairs Officer. 

2 (4) A Management and Human Resources Offi3 cer. 

4 (5) A Hearings and Appeals Officer. 

5 (6) A Chief Information Officer. 

6 (7) An Intelligence and Counterintelligence Of7 ficer. 

8 (c) PERFORMANCE OF SPECIFIC FUNCTIONS.—Sub9 ject to this Act, each officer of the Department shall per10 form the functions specified by law for the office of the 

11 official or prescribed by the Secretary. 

12 SEC. 205. FEDERAL ENERGY REGULATORY COMMISSION. 

13 (a) IN GENERAL.—There shall be within the Depart14 ment, a Federal Energy Regulatory Commission estab15 lished in accordance with title IV. 

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

17 the Commission shall be individuals who, by demonstrated 

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

19 qualified to assess fairly the needs and concerns of all in20 terests affected by Federal energy policy. 

21 SEC. 206. ENERGY AND ENVIRONMENTAL INFORMATION 

22 ADMINISTRATION. 

23 (a) IN GENERAL.—There shall be within the Depart24 ment an Energy and Environmental Information Adminis25 tration. 


tkelley on DSK3SPTVN1PROD with BILLS
20 

•HR 5322 IH

1 (b) ADMINISTRATOR.— 

2 (1) IN GENERAL.—The Energy and Environ3 mental Information Administration shall be headed 

4 by an Administrator who shall be appointed by the 

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

6 Senate. 

7 (2) QUALIFICATIONS.—The Administrator shall 

8 be a person who, by reason of professional back9 ground and experience, is specially qualified to man10 age an energy and environmental information sys11 tem. 

12 (3) DUTIES.—The Administrator shall be re13 sponsible for carrying out a central comprehensive, 

14 and unified energy data and information program 

15 that will collect, evaluate, assemble, analyze, and dis16 seminate data and information that is relevant to— 

17 (A) energy resource reserves, energy pro18 duction, demand, and technology, environmental 

19 protection, and related economic and statistical 

20 information; or 

21 (B) the adequacy of energy resources to 

22 meet demands in the near and longer term fu23 ture for the economic and social needs of the 

24 United States. 

25 (c) FUNCTIONS.— 


tkelley on DSK3SPTVN1PROD with BILLS
21 

•HR 5322 IH

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

2 to the Administrator the functions vested in Federal 

3 law relating to gathering, analysis, and dissemina4 tion of energy and environmental information. 

5 (2) ENFORCEMENT.—The Administrator may 

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

7 obtaining enforcement of the delegated functions. 

8 (3) ADDITIONAL FUNCTIONS.— 

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

10 the Administrator, and the Administrator shall 

11 perform, the functions assigned to the Director 

12 of the Office of Energy Information and Anal13 ysis under part B of the Federal Energy Ad14 ministration Act of 1974 (15 U.S.C. 790 et 

15 seq.). 

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

17 and 59 of the Federal Energy Administration 

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

19 apply to the Administrator in the performance 

20 of any function under this Act. 

21 (d) APPROVAL.—The Administrator shall not be re22 quired to obtain the approval of any other officer or em23 ployee of the Department in connection with— 

24 (1) the collection or analysis of any informa25 tion; or 


tkelley on DSK3SPTVN1PROD with BILLS
22 

•HR 5322 IH

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

2 statistical or forecasting technical reports that the 

3 Administrator has prepared in accordance with law. 

4 (e) AUDIT REVIEWS.—The Energy and Environ5 mental Information Administration shall be subject to an 

6 annual professional audit review of performance. 

7 (f) FURNISHING OF INFORMATION TO DEPART8 MENT.—On request, the Administrator shall promptly 

9 provide any information or analysis obtained under this 

10 section to any other administration, commission, or office 

11 within the Department. 

12 (g) PUBLIC AVAILABILITY.— 

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

14 and (3), information collected by the Energy Infor15 mation Administration shall be cataloged and, on re16 quest, promptly made available to the public in a 

17 form and manner easily adaptable for public use. 

18 (2) EXEMPTED MATTERS.—This subsection 

19 shall not require disclosure of matters exempted 

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

21 5, United States Code. 

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

23 Energy Supply and Environmental Coordination Act 

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

25 Federal Nonnuclear Energy Research and DevelopVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
23 

•HR 5322 IH

1 ment Act of 1974 (42 U.S.C. 5916), shall continue 

2 to apply to any information obtained by the Admin3 istrator under those provisions. 

4 (h) MAJOR ENERGY-PRODUCING COMPANIES.— 

5 (1) DEFINITIONS.—In this subsection: 

6 (A) ENERGY-PRODUCING COMPANY.—The 

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

8 person engaged in— 

9 (i) ownership or control of mineral 

10 fuel resources or nonmineral energy re11 sources; 

12 (ii) exploration for, or development of, 

13 mineral fuel resources; 

14 (iii) extraction of mineral fuel or non15 mineral energy resources; 

16 (iv) refining, milling, or otherwise 

17 processing mineral fuels or nonmineral en18 ergy resources; 

19 (v) storage of mineral fuels or non20 mineral energy resources; 

21 (vi) the generation, transmission, or 

22 storage of electrical energy; 

23 (vii) transportation of mineral fuels or 

24 nonmineral energy resources by any means 

25 whatever; or 


tkelley on DSK3SPTVN1PROD with BILLS
24 

•HR 5322 IH

1 (viii) wholesale or retail distribution of 

2 mineral fuels, nonmineral energy resources 

3 or electrical energy. 

4 (B) ENERGY INDUSTRY.—The term ‘‘en5 ergy industry’’ means all energy-producing com6 panies. 

7 (C) PERSON.—The ‘‘person’’ has the 

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

9 Energy Supply and Environmental Coordina10 tion Act of 1974 (15 U.S.C. 796(e)). 

11 (2) IDENTIFICATION AND DESIGNATION.— 

12 (A) IN GENERAL.—In addition to the ac13 quisition, collection, analysis, and dissemination 

14 of energy information pursuant to this section, 

15 the Administrator shall identify and designate 

16 major energy-producing companies that alone 

17 or with their affiliates are involved in one or 

18 more lines of commerce in the energy industry 

19 in a manner that the energy information col20 lected from the major energy-producing compa21 nies shall provide a statistically accurate profile 

22 of each line of commerce in the energy industry 

23 in the United States. 

24 (B) ADMINISTRATION.—In carrying out 

25 this subsection, the Administrator shall— 


tkelley on DSK3SPTVN1PROD with BILLS
25 

•HR 5322 IH

1 (i) use, to the maximum extent prac2 ticable and consistent with this Act, reli3 able statistical sampling techniques; and 

4 (ii) otherwise give priority to the mini5 mization of the reporting of energy infor6 mation by small businesses. 

7 (3) FINANCIAL REPORT.— 

8 (A) IN GENERAL.—The Administrator 

9 shall develop and make effective for use the for10 mat for an energy-producing company financial 

11 report. 

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

13 allow comparison on a uniform and standard14 ized basis among energy-producing companies 

15 and shall permit for the energy-related activities 

16 of the energy-producing companies— 

17 (i) an evaluation of company revenues, 

18 profits, cash flow, and investments in total, 

19 for the energy-related lines of commerce in 

20 which the company is engaged and for all 

21 significant energy-related functions within 

22 the energy-producing companies; 

23 (ii) an analysis of the competitive 

24 structure of sectors and functional 

25 groupings within the energy industry; 


tkelley on DSK3SPTVN1PROD with BILLS
26 

•HR 5322 IH

1 (iii) the segregation of energy infor2 mation, including financial information, de3 scribing company operations by energy 

4 source and geographic area; 

5 (iv) the determination of costs associ6 ated with exploration, development, pro7 duction, processing, transportation, and 

8 marketing and other significant energy-re9 lated functions within the energy-pro10 ducing companies; and 

11 (v) such other analysis or evaluations 

12 as the Administrator finds necessary to 

13 carry out this Act. 

14 (4) ACCOUNTING PRACTICES.—The Adminis15 trator shall— 

16 (A) consult with the Chairman of the Se17 curities and Exchange Commission with respect 

18 to the development of accounting practices re19 quired by the Energy Policy and Conservation 

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

21 persons engaged in whole or in part in the pro22 duction of crude oil and natural gas; and 

23 (B) ensure, to the maximum extent prac24 ticable, that the energy-producing company fi25 nancial report described in paragraph (3) is 


tkelley on DSK3SPTVN1PROD with BILLS
27 

•HR 5322 IH

1 consistent with the accounting practices, if ap2 plicable. 

3 (5) FREQUENCY.—The Administrator— 

4 (A) shall require each major energy-pro5 ducing company to file with the Administrator 

6 an energy-producing company financial report 

7 on at least an annual basis; and 

8 (B) may request energy information de9 scribed in the report on a quarterly basis if the 

10 Administrator determines that the quarterly re11 port of information will substantially assist in 

12 achieving the purposes of this Act. 

13 (6) SUMMARY.—A summary of information 

14 gathered pursuant to this section, accompanied by 

15 such analysis as the Administrator considers appro16 priate, shall be included in the annual report of the 

17 Department required by section 626. 

18 (7) DISCLOSURE OF CONFIDENTIAL INFORMA19 TION.—Section 1905 of title 18, United States Code, 

20 shall apply to any information obtained by the Ad21 ministration pursuant to this subsection. 

22 (i) SURVEYS OF ENERGY CONSUMPTION.— 

23 (1) IN GENERAL.—The Administrator shall con24 duct and publish the results of a survey of energy 


tkelley on DSK3SPTVN1PROD with BILLS
28 

•HR 5322 IH

1 consumption in the manufacturing industries in the 

2 United States at least once every 2 years. 

3 (2) CONFIDENTIALITY.—The Administrator 

4 shall conduct the surveys in a manner designed to 

5 protect the confidentiality of individual responses. 

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

7 the Administrator shall collect information, including 

8 information on— 

9 (A) the quantity of fuels consumed; 

10 (B) energy expenditures; 

11 (C) fuel-switching capabilities; and 

12 (D) the use of nonpurchased sources of en13 ergy, such as solar, wind, biomass, geothermal, 

14 waste by-products, and cogeneration. 

15 (4) RELATIONSHIP TO OTHER AUTHORITY.— 

16 This subsection does not affect the authority of the 

17 Administrator to collect data under section 52 of the 

18 Federal Energy Administration Act of 1974 (15 

19 U.S.C. 790a). 

20 (j) COLLECTION AND PUBLICATION OF SURVEY RE21 SULTS.— 

22 (1) DEFINITION OF RENEWABLE ENERGY RE23 SOURCES.—In this subsection, the term ‘‘renewable 

24 energy resources’’ includes energy derived from solar 


tkelley on DSK3SPTVN1PROD with BILLS
29 

•HR 5322 IH

1 thermal, geothermal, biomass, wind, and photo2 voltaic resources. 

3 (2) SURVEYS.—The Administrator shall annu4 ally collect and publish the results of a survey of 

5 electricity production from domestic renewable en6 ergy resources, including production in kilowatt 

7 hours, total installed capacity, capacity factor, and 

8 any other measures of production efficiency. 

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

10 survey shall distinguish between various renewable 

11 energy resources. 

12 (4) ADMINISTRATION.—In carrying out this 

13 subsection, the Administrator shall— 

14 (A) use, to the maximum extent prac15 ticable, reliable statistical sampling techniques; 

16 and 

17 (B) otherwise take into account the report18 ing burdens of energy information by small 

19 businesses. 

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

21 of the Federal Energy Administration Act of 1974 (15 

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

23 (1) conduct surveys of residential and commer24 cial energy use at least once every 3 years and make 

25 the results of the surveys available to the public; 


tkelley on DSK3SPTVN1PROD with BILLS
30 

•HR 5322 IH

1 (2) when surveying electric utilities, collect in2 formation on demand-side management programs 

3 conducted by the utilities, including information re4 garding— 

5 (A) the types of demand-side management 

6 programs being operated; 

7 (B) the quantity of measures installed; 

8 (C) expenditures on demand-side manage9 ment programs; and 

10 (D) estimates of energy savings resulting 

11 from the programs, including whether the sav12 ings estimates were verified; and 

13 (3) in carrying out this subsection, take into ac14 count reporting burdens and the protection of pro15 prietary information as required by law. 

16 (l) DATA COLLECTION.—In order to improve the abil17 ity to evaluate the effectiveness of the energy efficiency 

18 policies and programs of the United States, the Adminis19 trator shall, in collecting data under subsections (i) and 

20 (k), consider— 

21 (1) expanding the survey instruments to include 

22 questions regarding participation in Federal and 

23 utility conservation programs; 


tkelley on DSK3SPTVN1PROD with BILLS
31 

•HR 5322 IH

1 (2) expanding fuel-use surveys in order to pro2 vide greater detail on energy use by user subgroups; 

3 and 

4 (3) expanding the scope of data collection on 

5 energy efficiency and load-management programs, 

6 including the effects of building construction prac7 tices, such as practices designed to obtain peak load 

8 shifting. 

9 (m) RENEWABLE FUELS SURVEY.— 

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

11 evaluate the effectiveness of the renewable fuels 

12 mandate of the United States, the Administrator 

13 shall conduct and publish the results of a survey of 

14 renewable fuels demand in the motor vehicle fuels 

15 market in the United States monthly. 

16 (2) CONFIDENTIALITY.—The Administrator 

17 shall conduct the survey in a manner designed to 

18 protect the confidentiality of individual responses. 

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

20 the Administrator shall collect information both on 

21 a national and regional basis, including each of the 

22 following: 

23 (A) The quantity of renewable fuels pro24 duced. 


tkelley on DSK3SPTVN1PROD with BILLS
32 

•HR 5322 IH

1 (B) The quantity of renewable fuels blend2 ed. 

3 (C) The quantity of renewable fuels im4 ported. 

5 (D) The quantity of renewable fuels de6 manded. 

7 (E) Market price data. 

8 (F) Such other analyses or evaluations as 

9 the Administrator finds are necessary to achieve 

10 the purposes of this section. 

11 (4) PRIOR YEARS.—The Administrator shall 

12 collect or estimate information both on a national 

13 and regional basis, pursuant to subparagraphs (A) 

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

15 to implementation of this subsection. 

16 (5) NATIONAL ENERGY INFORMATION SYS17 TEM.—This subsection does not affect the authority 

18 of the Administrator to collect data under section 52 

19 of the Federal Energy Administration Act of 1974 

20 (15 U.S.C. 790a). 

21 SEC. 207. COMPTROLLER GENERAL FUNCTIONS. 

22 The functions of the Comptroller General of the 

23 United States under section 12 of the Federal Energy Ad24 ministration Act of 1974 (15 U.S.C. 771) shall apply with 

25 respect to the monitoring and evaluation of all functions 


tkelley on DSK3SPTVN1PROD with BILLS
33 

•HR 5322 IH

1 and activities of the Department under this Act or any 

2 other Act administered by the Department. 

3 SEC. 208. OFFICE OF SCIENCE. 

4 (a) IN GENERAL.—There shall be within the Depart5 ment an Office of Science to be headed by a Director, who 

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

7 and consent of the Senate. 

8 (b) DIRECTOR.—It shall be the duty and responsi9 bility of the Director— 

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

11 physical research programs of the Department; 

12 (2) to monitor the energy and environmental re13 search and development programs of the Secretary 

14 in order to advise the Secretary with respect to any 

15 undesirable duplication or gaps in the programs; 

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

17 well-being and management of the multipurpose lab18 oratories under the jurisdiction of the Department, 

19 excluding laboratories that constitute part of the nu20 clear weapons complex; 

21 (4) to advise the Secretary with respect to edu22 cation and training activities required for effective 

23 short- and long-term basic and applied research ac24 tivities of the Department; 


tkelley on DSK3SPTVN1PROD with BILLS
34 

•HR 5322 IH

1 (5) to advise the Secretary with respect to 

2 grants and other forms of financial assistance re3 quired for effective short- and long-term basic and 

4 applied research activities of the Department; and 

5 (6) to carry out such additional duties assigned 

6 to the Office by the Secretary. 

7 SEC. 209. ESTABLISHMENT OF POLICY FOR NATIONAL NU8 CLEAR SECURITY ADMINISTRATION. 

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

10 for establishing policy for the National Nuclear Security 

11 Administration. 

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

13 Secretary may direct officials of the Department who are 

14 not within the National Nuclear Security Administra15 tion— 

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

17 Administration; and 

18 (2) to make recommendations to the Secretary 

19 regarding administration of those programs and ac20 tivities, including consistency with other similar pro21 grams and activities of the Department. 

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

23 staff to carry out this section. 


tkelley on DSK3SPTVN1PROD with BILLS
35 

•HR 5322 IH

1 SEC. 210. ESTABLISHMENT OF SECURITY, COUNTERINTEL2 LIGENCE, AND INTELLIGENCE POLICIES. 

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

4 for developing and promulgating the security, counter5 intelligence, and intelligence policies of the Department. 

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

7 staff of the Secretary to assist in developing and promul8 gating those policies. 

9 (c) INTELLIGENCE EXECUTIVE COMMITTEE.— 

10 (1) IN GENERAL.—There is within the Depart11 ment an Intelligence Executive Committee. 

12 (2) COMPOSITION.—The Committee shall con13 sist of— 

14 (A) the Deputy Secretary of Energy and 

15 the Environment, who shall chair the Com16 mittee; and 

17 (B) each Under Secretary of the Depart18 ment. 

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

20 the Director of the Office of Intelligence and Coun21 terintelligence. 

22 (4) USE.—The Secretary shall use the Com23 mittee to assist in developing and promulgating the 

24 counterintelligence and intelligence policies, require25 ments, and priorities of the Department. 

26 (d) BUDGET REQUESTS.— 


tkelley on DSK3SPTVN1PROD with BILLS
36 

•HR 5322 IH

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

2 materials submitted to Congress in support of each 

3 budget submitted by the President to Congress 

4 under title 31, United States Code, the amounts re5 quested for the Department for intelligence func6 tions and the amounts requested for the Department 

7 for counterintelligence functions shall each be speci8 fied in appropriately classified individual, dedicated 

9 program elements. 

10 (2) NATIONAL NUCLEAR SECURITY ADMINIS11 TRATION.—Within the amounts requested for coun12 terintelligence functions, the amounts requested for 

13 the National Nuclear Security Administration shall 

14 be specified separately from the amounts requested 

15 for other elements of the Department. 

16 SEC. 211. OFFICE OF INTELLIGENCE AND COUNTERINTEL17 LIGENCE. 

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

19 an Office of Intelligence and Counterintelligence. 

20 (b) DIRECTOR.— 

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

22 be the Director of the Office of Intelligence and 

23 Counterintelligence, who shall be an employee in— 

24 (A) the Senior Executive Service; 

25 (B) the Senior Intelligence Service; 


tkelley on DSK3SPTVN1PROD with BILLS
37 

•HR 5322 IH

1 (C) the Senior National Intelligence Serv2 ice; or 

3 (D) any other Service that the Secretary, 

4 in coordination with the Director of National 

5 Intelligence, considers appropriate. 

6 (2) REPORTING TO SECRETARY.—The Director 

7 of the Office shall report directly to the Secretary. 

8 (3) QUALIFICATIONS.—The Secretary shall se9 lect the Director of the Office from among individ10 uals who have substantial expertise in matters relat11 ing to foreign intelligence and counterintelligence. 

12 (4) DETAILS.— 

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

14 Federal Bureau of Investigation may detail, on 

15 a reimbursable basis, any employee of the Bu16 reau to the Department for service as Director 

17 of the Office. 

18 (B) BENEFITS.—The service of an em19 ployee of the Bureau as Director of the Office 

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

21 privilege by the employee within the Bureau. 

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

23 (1) establish policy for intelligence and counter24 intelligence programs and activities at Department 

25 facilities in order to reduce the threat of disclosure 


tkelley on DSK3SPTVN1PROD with BILLS
38 

•HR 5322 IH

1 or loss of classified and other sensitive information 

2 at the facilities; 

3 (2) establish policy for the personnel assurance 

4 programs of the Department; 

5 (3) inform the Secretary, the Director of Cen6 tral Intelligence, and the Director of the Federal 

7 Bureau of Investigation on a regular basis, and on 

8 specific request by any such official, regarding the 

9 status and effectiveness of the intelligence and coun10 terintelligence programs and activities at Depart11 ment facilities; and 

12 (4) perform such duties and exercise such pow13 ers as the Secretary may prescribe. 

14 (d) REPORTS.— 

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

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

17 on the status and effectiveness of the intelligence 

18 and counterintelligence programs and activities at 

19 each Department facility during the preceding year. 

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

21 submitted to the following: 

22 (A) The Secretary. 

23 (B) The Director of National Intelligence. 

24 (C) The Director of the Federal Bureau of 

25 Investigation. 


tkelley on DSK3SPTVN1PROD with BILLS
39 

•HR 5322 IH

1 (D) The Committee on Armed Services 

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

4 (E) The Committee on Armed Services and 

5 the Select Committee on Intelligence of the 

6 Senate. 

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

8 for the year covered by the report the following: 

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

12 facilities. 

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

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

17 (i) the number of violations that were 

18 investigated; and 

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

21 (C) A description of the number of foreign 

22 visitors to Department facilities, including the 

23 locations of the visits of the visitors. 

24 (D) The adequacy of the procedures and 

25 policies of the Department for protecting naVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
40 

•HR 5322 IH

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

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

6 departmental security requirements and, in the 

7 case of any such National Laboratory that is 

8 not in full compliance, what measures are being 

9 taken to bring the National Laboratory into 

10 compliance. 

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

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

15 shall certify in writing to the Director of the Office 

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

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

19 that laboratory into compliance and a schedule for 

20 implementing those measures. 

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

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

24 submitted in unclassified form, but may include a 

25 classified annex. 


tkelley on DSK3SPTVN1PROD with BILLS
41 

•HR 5322 IH

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

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

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

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

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

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

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

14 (1) promote Indian tribal energy development, 

15 efficiency, and use; 

16 (2) reduce or stabilize energy costs; 

17 (3) enhance and strengthen Indian tribal energy 

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

20 (4) bring electrical power and service to Indian 

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

23 whole or in part) with Federal funds. 


tkelley on DSK3SPTVN1PROD with BILLS
42 

•HR 5322 IH

1 TITLE III—TRANSFER OF 

2 FUNCTIONS 

3 SEC. 301. TRANSFER OF FUNCTIONS. 

4 Except as otherwise provided in this Act, there are 

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

7 Act) to— 

8 (1) the Secretary of Energy; 

9 (2) the Administrator of the Environmental 

10 Protection Agency; and 

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

13 Agency. 

14 SEC. 302. POWER ADMINISTRATIONS. 

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

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

17 Energy with respect to— 

18 (1) the Southeastern Power Administration; 

19 (2) the Southwestern Power Administration; 

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

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

23 Federal Columbia River Transmission System Act 

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


tkelley on DSK3SPTVN1PROD with BILLS
43 

•HR 5322 IH

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

4 attendant facilities; and 

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

7 Amistad Dam, international storage reservoir 

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

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

10 (b) ADMINISTRATION.— 

11 (1) IN GENERAL.—The Southeastern Power 

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

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

16 (2) ADMINISTRATOR.—Each entity shall be 

17 headed by an Administrator appointed by the Sec18 retary. 

19 (3) FUNCTIONS.—The functions transferred to 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
44 

•HR 5322 IH

1 place located in the region served by the respective 

2 Federal power marketing entity. 

3 (c) DAMS.— 

4 (1) IN GENERAL.—The functions transferred 

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

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

8 shall be headed by an Administrator appointed by 

9 the Secretary. 

10 (2) REGIONAL OFFICES.—The Administrator 

11 shall establish and maintain such regional offices as 

12 necessary to facilitate the performance of the func13 tions. 

14 (3) REALLOCATION OF COSTS.—Neither the 

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

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

18 reallocation of joint costs of multipurpose facilities 

19 allocated unless and to the extent that the change is 

20 approved by Congress. 


tkelley on DSK3SPTVN1PROD with BILLS
45 

•HR 5322 IH

1 TITLE IV—FEDERAL ENERGY 

2 REGULATORY COMMISSION 

3 SEC. 401. APPOINTMENT AND ADMINISTRATION. 

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

5 Department an independent regulatory commission to be 

6 known as the Federal Energy Regulatory Commission. 

7 (b) COMPOSITION.— 

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

9 composed of 5 members appointed by the President, 

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

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

13 as Chair. 

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

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

16 7171(b)(2)) (as that Act existed before the amend17 ment made by section 713), a member of the Com18 mission— 

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

20 and 

21 (B) may be removed by the President only 

22 for inefficiency, neglect of duty, or malfeasance 

23 in office. 


tkelley on DSK3SPTVN1PROD with BILLS
46 

•HR 5322 IH

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

2 members of the Commission shall be members of the 

3 same political party. 

4 (5) VACANCIES.— 

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

7 expiration of the term for which the predecessor 

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

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

13 successor of the Commissioner is appointed and 

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

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

18 (6) OTHER BUSINESS OR EMPLOYMENT.—A 

19 member of the Commission shall not engage in any 

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

22 (c) DUTIES.— 

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

25 and administrative operation of the Commission, inVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
47 

•HR 5322 IH

1 cluding functions of the Commission with respect 

2 to— 

3 (A) the appointment and employment of 

4 hearing examiners in accordance with title 5, 

5 United States Code; 

6 (B) the selection, appointment, and fixing 

7 of the compensation of such personnel as the 

8 Chair considers necessary, including an execu9 tive director; 

10 (C) the supervision of personnel employed 

11 by or assigned to the Commission, except that 

12 each member of the Commission may select and 

13 supervise personnel for the personal staff of the 

14 member; 

15 (D) the distribution of business among 

16 personnel and among administrative units of 

17 the Commission; and 

18 (E) the procurement of services of experts 

19 and consultants in accordance with section 

20 3109 of title 5, United States Code. 

21 (2) SUPPORT AND FACILITIES.—The Secretary 

22 shall provide to the Commission such support and 

23 facilities as the Commission determines necessary to 

24 carry out the functions of the Commission. 


tkelley on DSK3SPTVN1PROD with BILLS
48 

•HR 5322 IH

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

3 employees, or other personnel of the Commission shall not 

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

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

6 the Department. 

7 (e) ADMINISTRATION.— 

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

11 Chair during the absence of the Chair. 

12 (2) MEETINGS.— 

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

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

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

20 Commission, including the Chair, shall have 1 

21 vote. 

22 (D) MAJORITY VOTE.—Actions of the 

23 Commission shall be determined by a majority 

24 vote of the members present. 


tkelley on DSK3SPTVN1PROD with BILLS
49 

•HR 5322 IH

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

3 (f) PROCEDURAL AND ADMINISTRATIVE RULES.— 

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

6 necessary to the exercise of the functions of the 

7 Commission. 

8 (2) CONTINUATION.—Until changed by the 

9 Commission, any procedural and administrative 

10 rules applicable to particular functions over which 

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

13 (g) HEARINGS AND SUBPOENA.— 

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

15 functions of the Commission, the Commission shall 

16 have the powers authorized by the law under which 

17 the function is exercised— 

18 (A) to hold hearings; 

19 (B) to sign and issue subpoenas; 

20 (C) to administer oaths; 

21 (D) to examine witnesses; and 

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

23 United States the Commission may designate. 

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

25 or more of the members of the Commission or by 


tkelley on DSK3SPTVN1PROD with BILLS
50 

•HR 5322 IH

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

3 functions of the Commission, except that nothing in 

4 this subsection supersedes the provisions of section 

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

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

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

9 where the general sessions of the Commission shall be 

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

11 United States. 

12 (i) AGENCY.— 

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

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

15 shall be considered an agency. 

16 (2) ATTORNEY FOR COMMISSION.—Except as 

17 provided in section 518 of title 28, United States 

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

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

23 (j) ANNUAL AUTHORIZATION AND APPROPRIATION

24 REQUEST.— 


tkelley on DSK3SPTVN1PROD with BILLS
51 

•HR 5322 IH

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

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

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

6 (B) include— 

7 (i) a statement by the Commission of 

8 the amount requested by the Commission 

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

11 Management and Budget; and 

12 (ii) an assessment of the budgetary 

13 needs of the Commission. 

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

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

21 SEC. 402. JURISDICTION OF COMMISSION. 

22 (a) FUNCTIONS.— 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
52 

•HR 5322 IH

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

3 (A) The investigation, issuance, transfer, 

4 renewal, revocation, and enforcement of licenses 

5 and permits for the construction, operation, and 

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

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

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

11 navigable waters under part I of the Federal 

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

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

17 (i) construction work in progress 

18 under part II of the Federal Power Act 

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

20 (ii) the interconnection under section 

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

22 facilities for the generation, transmission, 

23 and sale of electric energy (other than 

24 emergency interconnection). 


tkelley on DSK3SPTVN1PROD with BILLS
53 

•HR 5322 IH

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

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

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

7 717d, 717e). 

8 (D) The issuance of a certificate of public 

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

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

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

17 717 et seq.). 

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

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

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

22 (2) ADDITIONAL POWERS.—The Commission 

23 may exercise any power under the following sections 

24 to the extent the Commission determines the power 


tkelley on DSK3SPTVN1PROD with BILLS
54 

•HR 5322 IH

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

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

4 309, and 312 through 316 of the Federal 

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

6 825h, 825k–825o). 

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

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

9 717h, 717l–717p, 717s, 717t). 

10 (b) AGENCY DETERMINATIONS.— 

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

13 hear and determine any other matter arising under 

14 any other function of the Secretary— 

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

17 an opportunity for an agency hearing; or 

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

20 made on the record after an opportunity for an 

21 agency hearing. 

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

24 functions under section 105 of the Energy Policy 

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


tkelley on DSK3SPTVN1PROD with BILLS
55 

•HR 5322 IH

1 within the jurisdiction of the Commission unless the 

2 Secretary assigns the function to the Commission. 

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

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

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

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

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

12 Commission. 

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

14 Commission involving any function within the jurisdiction 

15 of the Commission, other than action by the Commission 

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

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

19 meaning of section 704 of title 5, United States 

20 Code); and 

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

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

24 (f) REGULATIONS.—The Commission may prescribe 

25 rules, regulations, and statements of policy of general apVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
56 

•HR 5322 IH

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

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

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

8 within the jurisdiction of the Commission under section 

9 402. 

10 (b) PROPOSALS OF SECRETARY.—The Commission 

11 shall— 

12 (1) have exclusive jurisdiction with respect to 

13 any proposal made under subsection (a); and 

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

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

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

20 (c) RATES AND CHARGES.— 

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

22 section 402 that relates to the establishment of rates 

23 and charges under the Federal Power Act (16 

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


tkelley on DSK3SPTVN1PROD with BILLS
57 

•HR 5322 IH

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

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

5 proceeding shall ensure full consideration of the 

6 issues and an opportunity for interested persons to 

7 present views. 

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

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

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

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

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

18 interested persons participating in the rulemaking 

19 proceedings. 

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

21 reasonable time for both the submission of questions 

22 and responses. 


tkelley on DSK3SPTVN1PROD with BILLS
58 

•HR 5322 IH

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

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

4 if the Secretary proposes to prescribe rules, regulations, 

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

7 under section 301 or 306 of the Department of Energy 

8 Organization Act (42 U.S.C. 7151, 7155) (as that Act ex9 isted before the amendment made by section 713), the 

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

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

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

15 any function within the jurisdiction of the Commission 

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

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

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

20 comment. 

21 (c) RECOMMENDATIONS OF COMMISSION.— 

22 (1) IN GENERAL.—Following the opportunity 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
59 

•HR 5322 IH

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

4 (C) recommend that the rule or statement 

5 not be adopted. 

6 (2) PUBLICATION.—The Commission shall 

7 promptly publish— 

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

10 (B) an explanation of the reason for the 

11 actions of the Commission; and 

12 (C) an analysis of the major comments, 

13 criticisms, and alternatives offered during the 

14 comment period. 

15 (d) OPTIONS OF SECRETARY.— 

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

17 recommendations of the Commission, the Secretary 

18 shall have the option of— 

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

20 form initially proposed by the Secretary if the 

21 Commission has concurred in the rule pursuant 

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

23 (B) issuing a final rule or statement in 

24 amended form so that the rule conforms in all 

25 respects with the changes proposed by the ComVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
60 

•HR 5322 IH

1 mission if the Commission has concurred in the 

2 rule or statement pursuant to subsection 

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

4 (C) ordering that the rule shall not be 

5 issued. 

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

7 by the Secretary pursuant to this subsection shall 

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

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

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

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

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

16 (1) rules of procedure of general applicability 

17 governing the timing of intervention or participation 

18 in the proceeding or activity; and 

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

22 or activity. 

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

24 the Secretary in any proceeding or activity shall not affect 


tkelley on DSK3SPTVN1PROD with BILLS
61 

•HR 5322 IH

1 the obligation of the Commission to ensure procedural 

2 fairness to all participants. 

3 SEC. 406. REORGANIZATION. 

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

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

7 SEC. 407. ACCESS TO INFORMATION. 

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

9 Department, and each Federal agency shall provide to the 

10 Commission, on request, such existing information in the 

11 possession of the Department or other Federal agency as 

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

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

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

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

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

19 (1) include in the reports and investigations 

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

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

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


tkelley on DSK3SPTVN1PROD with BILLS
62 

•HR 5322 IH

1 TITLE V—ADMINISTRATIVE PRO2 CEDURES AND JUDICIAL RE3 VIEW 

4 SEC. 501. PROCEDURES. 

5 (a) ADMINISTRATIVE PROCEDURES.— 

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

8 5, United States Code, shall apply in accordance 

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

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

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

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

16 employee, or component of the Department, other 

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

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

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

25 provides administrative procedure requirements in 


tkelley on DSK3SPTVN1PROD with BILLS
63 

•HR 5322 IH

1 addition to the requirements provided in this title, 

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

4 (b) SUBSTANTIAL IMPACT ON THE ECONOMY OF THE

5 UNITED STATES.— 

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

8 or in response to any showing made pursuant to 

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

11 no substantial issue of fact or law exists and that 

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

13 substantial impact on the economy of the United 

14 States or large numbers of individuals or businesses 

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

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

18 (2) SUBSTANTIAL IMPACT.—If the Secretary 

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

21 have a substantial impact on the economy of the 

22 United States or large numbers of individuals or 

23 businesses in the United States, an opportunity for 

24 oral presentation of views, data, and arguments shall 

25 be provided before promulgation. 


tkelley on DSK3SPTVN1PROD with BILLS
64 

•HR 5322 IH

1 (3) SUBMISSION OF MATERIAL.—Any person 

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

4 who desires an opportunity for oral presentation of 

5 views, data, and arguments, may submit material 

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

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

9 any oral presentation described in paragraph (2) 

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

11 in subsection (a). 

12 (c) WAIVER.— 

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

15 (A) strict compliance with that subsection 

16 is found by the Secretary to be likely to cause 

17 serious harm or injury to the public health, 

18 safety, or welfare; and 

19 (B) the finding of the Secretary described 

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

21 rule, regulation, or order. 

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

25 be satisfied within a reasonable period of time subseVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
65 

•HR 5322 IH

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

2 order. 

3 (d) RULES WITH LOCAL EFFECT.— 

4 (1) DEFINITIONS.—In this subsection: 

5 (A) GEOGRAPHIC AREA WITHIN A

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

7 State’’ means a special purpose district or other 

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

10 government. 

11 (B) RULE WITH LOCAL EFFECT.—The 

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

14 effects of which, except for indirect effects of an 

15 inconsequential nature, are confined to— 

16 (i) a single unit of local government 

17 or the residents of a single unit of local 

18 government; 

19 (ii) a single geographic area within a 

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

22 (iii) a single State or the residents of 

23 a single State. 

24 (C) UNIT OF LOCAL GOVERNMENT.—The 

25 term ‘‘unit of local government’’ means a counVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
66 

•HR 5322 IH

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

2 other unit of general government below the 

3 State level. 

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

6 shall, if appropriate, afford an opportunity for a 

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

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

11 State. 

12 (3) RELATIONSHIP TO OTHER LAW.—Nothing 

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

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

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

19 vested, transferred, or delegated pursuant to this 

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

23 may be permitted under applicable law. 

24 (2) REQUIREMENTS.—Procedures prescribed 

25 under paragraph (1) shall— 


tkelley on DSK3SPTVN1PROD with BILLS
67 

•HR 5322 IH

1 (A) apply to the State or local government 

2 agencies in lieu of this section; and 

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

4 the agencies shall— 

5 (i) take steps reasonably calculated to 

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

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

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

12 SEC. 502. JUDICIAL REVIEW. 

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

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

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

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

17 Department shall, notwithstanding the vesting, transfer, 

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

19 such law. 

20 (b) ORIGINAL JURISDICTION.— 

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

24 shall have exclusive original jurisdiction of all other 

25 cases or controversies arising exclusively under this 


tkelley on DSK3SPTVN1PROD with BILLS
68 

•HR 5322 IH

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

3 taken to implement or enforce any rule, regulation, 

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

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

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

10 in any proceeding before the court any issue raised 

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

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

14 in paragraph (3). 

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

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

20 United States in accordance with chapter 89 of title 

21 28, United States Code. 

22 (4) STATE OR LOCAL GOVERNMENT AGENCY.— 

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


tkelley on DSK3SPTVN1PROD with BILLS
69 

•HR 5322 IH

1 (A) any appropriate State court; or 

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

4 States. 

5 (c) DEPARTMENT LITIGATION.— 

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

7 and notwithstanding any other law, the litigation of 

8 the Department shall be subject to the supervision 

9 of the Attorney General pursuant to chapter 31 of 

10 title 28, United States Code. 

11 (2) DELEGATION.—The Attorney General may 

12 authorize any attorney of the Department to conduct 

13 any civil litigation of the Department in any Federal 

14 court except the Supreme Court. 

15 SEC. 503. REMEDIAL ORDERS. 

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

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

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

20 issue a remedial order to the person. 

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

22 in writing and shall describe with particularity the nature 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
70 

•HR 5322 IH

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

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

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

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

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

8 (d) CONTESTING OF ORDER.— 

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

10 after the date of receipt of the remedial order issued 

11 by the Secretary, the person notifies the Secretary 

12 that the person intends to contest a remedial order 

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

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

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

17 effect of the remedial order, unless the Commission 

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

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

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

24 oral arguments. 


tkelley on DSK3SPTVN1PROD with BILLS
71 

•HR 5322 IH

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

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

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

6 (5) ORDER BY COMMISSION.— 

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

8 under this subsection, the Commission shall 

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

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

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

17 (C) ENFORCEMENT.—Enforcement and 

18 other judicial review of an action described in 

19 subparagraph (B) shall be the responsibility of 

20 the Secretary. 

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

22 time limits for the Commission to complete action on a 

23 proceeding referred to the Commission pursuant to this 

24 section. 


tkelley on DSK3SPTVN1PROD with BILLS
72 

•HR 5322 IH

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

2 affects any procedural action taken by the Secretary prior 

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

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

5 such procedures shall be reviewable in the hearing. 

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

7 applicable only with respect to proceedings initiated by a 

8 notice of probable violation issued after the effective date 

9 of this Act. 

10 (h) MARKETING OF PETROLEUM PRODUCTS.—With 

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

13 Secretary or any person acting on behalf of the Secretary 

14 may not exercise discretion to maintain a civil action 

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

17 or regulation if— 

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

19 (A) a retroactive application of the rule or 

20 regulation; or 

21 (B) a retroactive interpretation of the rule 

22 or regulation; and 

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


tkelley on DSK3SPTVN1PROD with BILLS
73 

•HR 5322 IH

1 SEC. 504. REQUESTS FOR ADJUSTMENTS. 

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

4 (1) provide for the making of such adjustments 

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

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

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

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

12 order; and 

13 (3) ensure that each decision on any application 

14 or petition requesting an adjustment shall specify— 

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

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

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

20 petition. 

21 (b) REVIEW OF DENIAL.— 

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

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

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

26 Commission; and 


tkelley on DSK3SPTVN1PROD with BILLS
74 

•HR 5322 IH

1 (B) obtain judicial review in accordance 

2 with this title when the denial becomes final. 

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

4 rule, establish appropriate procedures, including a 

5 hearing when requested, for review of a denial. 

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

8 agency action within the meaning of section 704 of 

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

10 to further review by the Secretary or any officer or 

11 employee of the Department. 

12 (4) LITIGATION.—Litigation involving judicial 

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

15 SEC. 505. REVIEW AND EFFECT. 

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

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

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

21 shall include— 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
75 

•HR 5322 IH

1 by the Secretary from the public about the section 

2 and implementing regulations; and 

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

6 (c) ASSESSMENTS.— 

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

8 of each year, the Secretary shall submit to Congress 

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

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

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

14 the Secretary considers appropriate. 

15 TITLE VI—ADMINISTRATIVE 

16 PROVISIONS 

17 Subtitle A—Personnel Provisions 

18 SEC. 601. OFFICERS AND EMPLOYEES. 

19 (a) AUTHORITY OF SECRETARY TO APPOINT AND

20 FIX COMPENSATION.—Except as otherwise provided in 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
76 

•HR 5322 IH

1 (b) APPOINTMENT OF SCIENTIFIC, ENGINEERING, 

2 AND OTHER PERSONNEL.— 

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

4 the Secretary may— 

5 (A) appoint not more than 311 scientific, 

6 engineering, professional, and administrative 

7 personnel of the Department without regard to 

8 the provisions of chapter 33 of title 5, United 

9 States Code, governing appointments in the 

10 competitive service; and 

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

14 Schedule under section 5332 of title 5, United 

15 States Code. 

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

18 terminate on the later of— 

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

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

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

23 of enactment of this Act. 

24 (c) OTHER POSITIONS ABOVE GS–15.— 


tkelley on DSK3SPTVN1PROD with BILLS
77 

•HR 5322 IH

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

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

4 Code, the Secretary may classify not more than 178 

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

6 GS–18 without the approval by the Civil Service 

7 Commission. 

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

10 made without regard to section 3324 of title 5, 

11 United States Code, if the individual placed in the 

12 position— 

13 (A) is transferred to the Department in 

14 connection with a transfer of functions under 

15 this Act; and 

16 (B) immediately prior to the effective date 

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

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

21 respect to any position shall terminate on the date 

22 on which the first individual who is appointed under 

23 paragraph (1) leaves that position. 

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


tkelley on DSK3SPTVN1PROD with BILLS
78 

•HR 5322 IH

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

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

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

6 without regard to the provisions of chapter 33 of 

7 title 5, United States Code; and 

8 (2) fix the compensation of those personnel in 

9 an amount not to exceed the maximum rate payable 

10 for GS–18 of the General Schedule under section 

11 5332 of title 5, United States Code. 

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

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

15 States Code— 

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

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

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

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

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

23 from the competitive service provisions of chapter 33 of 

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


tkelley on DSK3SPTVN1PROD with BILLS
79 

•HR 5322 IH

1 SEC. 602. SENIOR POSITIONS. 

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

3 shall be within the Department 14 additional officers in 

4 positions authorized by section 5316 of title 5, United 

5 States Code, which shall be filled by individuals appointed 

6 by the Secretary who shall perform such functions as the 

7 Secretary shall prescribe from time to time. 

8 SEC. 603. EXPERTS AND CONSULTANTS. 

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

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

12 General Schedule under section 5332 of title 5, United 

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

15 SEC. 604. ADVISORY COMMITTEES. 

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

17 accordance with the Federal Advisory Committee Act (5 

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

19 determines necessary to assist in the performance of the 

20 duties of the Secretary. 

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

22 committee established under subsection (a), other than 

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

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

26 States Code, while attending meetings of the advisory 


tkelley on DSK3SPTVN1PROD with BILLS
80 

•HR 5322 IH

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

3 members. 

4 Subtitle B—General Administrative 

5 Provisions 

6 SEC. 611. GENERAL AUTHORITY. 

7 To the extent appropriate to perform any function 

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

9 employee of the Department may exercise, in carrying out 

10 the function so transferred, any authority available by law 

11 (including appropriations Acts) to the official or agency 

12 from which the function was transferred. 

13 SEC. 612. DELEGATION. 

14 Except as otherwise expressly prohibited by law, and 

15 except as otherwise provided in this Act, the Secretary 

16 may, as the Secretary determines to be appropriate— 

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

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

21 SEC. 613. REORGANIZATION. 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
81 

•HR 5322 IH

1 (b) LIMITATIONS.— 

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

4 (A) the abolition of any organizational unit 

5 or component established by this Act; or 

6 (B) the transfer of any function vested by 

7 this Act in any organizational unit or compo8 nent. 

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

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

13 SEC. 614. RULES. 

14 The Secretary may promulgate such procedural and 

15 administrative regulations as the Secretary determines to 

16 be appropriate to administer and manage the functions of 

17 the Secretary under this Act. 

18 SEC. 615. SUBPOENA. 

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

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

21 powers and authorities as the Federal Trade Commission 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
82 

•HR 5322 IH

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

2 responsibilities of the Federal Trade Commission under 

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

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

6 SEC. 616. CONTRACTS. 

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

8 perform such contracts, leases, cooperative agreements, or 

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

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

13 to carry out the functions under this Act. 

14 (b) LIMITATION ON AUTHORITY.—Notwithstanding 

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

16 contracts or to make payments under this title shall be 

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

18 provided in advance in appropriations Acts. 

19 (c) LEASING OF EXCESS DEPARTMENT PROPERTY.— 

20 The Secretary may lease, in accordance with such terms 

21 and conditions the Secretary considers to be appropriate 

22 to promote national security or the public interest, any 

23 acquired real property and related personal property 

24 that— 


tkelley on DSK3SPTVN1PROD with BILLS
83 

•HR 5322 IH

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

2 be closed or reconfigured; 

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

4 needed by the Department; and 

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

6 (d) TERMS OF LEASE.— 

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

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

9 10 years, except that the Secretary may enter into 

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

11 of more than 10 years if the Secretary determines 

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

14 (2) CONSIDERATION.— 

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

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

19 fair market rental value of the leasehold inter20 est. 

21 (B) SERVICES.—Services relating to the 

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

25 (e) ENVIRONMENTAL CONCERNS.— 


tkelley on DSK3SPTVN1PROD with BILLS
84 

•HR 5322 IH

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

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

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

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

6 National Priorities List) to determine whether the 

7 environmental conditions of the property are such 

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

10 safety and the protection of public health and the 

11 environment. 

12 (2) FAILURE TO OBTAIN CONCURRENCE.—The 

13 Secretary may enter into a lease under subsection 

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

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

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

21 (f) RENTALS.— 

22 (1) RETENTION.— 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
85 

•HR 5322 IH

1 the Secretary directly from a lease entered into 

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

7 at which the leased property is located. 

8 (B) TREATMENT.—Amounts retained 

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

11 that purpose. 

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

13 Congress annual reports on the amounts retained 

14 and used under this subsection. 

15 (g) ADDITIONAL AUTHORITIES.— 

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

17 granted to the Secretary under any other provision 

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

20 cooperative agreements, and grants), subject to the 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
86 

•HR 5322 IH

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

3 Secretary under paragraph (1)— 

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

5 the term ‘‘research’’; 

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

7 by the term ‘‘development’’; and 

8 (C) the terms ‘‘advanced research 

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

11 (3) RELATIONSHIP TO OTHER PROVISIONS.— 

12 The authority of the Secretary under paragraph (1) 

13 shall not be subject to— 

14 (A) section 9 of the Federal Nonnuclear 

15 Energy Research and Development Act of 1974 

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

17 (B) section 152 of the Atomic Energy Act 

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

19 (4) COMPETITIVE, MERIT-BASED SELECTION

20 PROCEDURES.— 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
87 

•HR 5322 IH

1 (B) LIMITATION.—A transaction under 

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

4 Secretary determines in writing that the use of 

5 a standard contract, grant, or cooperative 

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

8 (5) DISCLOSURE.—The Secretary may protect 

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

10 which the information is developed, any information 

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

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

14 Code, if obtained from an individual or entity other 

15 than a Federal agency. 

16 (6) GUIDELINES.— 

17 (A) IN GENERAL.—The Secretary shall 

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

20 (B) PUBLICATION.—The guidelines under 

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

23 with rulemaking procedures of the Department. 

24 (C) AUTHORITY.—The Secretary shall not 

25 have authority to carry out transactions under 


tkelley on DSK3SPTVN1PROD with BILLS
88 

•HR 5322 IH

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

3 final. 

4 (7) ANNUAL REPORT.—The Secretary shall 

5 submit to Congress the annual report required under 

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

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

9 to an officer of the Department who is appointed by 

10 the President by and with the advice and consent of 

11 the Senate. 

12 (9) TERMINATION.—Notwithstanding any other 

13 provision of law, the authority to enter into trans14 actions under paragraph (1) shall terminate on Sep15 tember 30, 2018. 

16 SEC. 617. ACQUISITION AND MAINTENANCE OF PROPERTY. 

17 The Secretary may— 

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

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

20 and maintain laboratories, research and testing sites 

21 and facilities, quarters and related accommodations 

22 for employees and dependents of employees of the 

23 Department, personal property (including patents), 

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


tkelley on DSK3SPTVN1PROD with BILLS
89 

•HR 5322 IH

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

2 facilities and other necessary facilities for the health 

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

5 maintenance of appropriate equipment). 

6 SEC. 618. FACILITIES CONSTRUCTION. 

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

9 or maintain the following for employees and dependents 

10 stationed at remote locations: 

11 (1) Emergency medical services and supplies. 

12 (2) Food and other subsistence supplies. 

13 (3) Messing facilities. 

14 (4) Audiovisual equipment, accessories, and 

15 supplies for recreation and training. 

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

17 and other supplies furnished by those employees in 

18 emergencies for the temporary relief of distressed in19 dividuals. 

20 (6) Living and working quarters and facilities. 

21 (7) Transportation of school-aged dependents of 

22 employees to the nearest appropriate educational fa23 cilities. 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
90 

•HR 5322 IH

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

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

4 (c) TREATMENT.— 

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

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

8 (B) may be withdrawn by the Secretary— 

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

10 services; 

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

13 all or a part of that cost; or 

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

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

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

18 to a working capital fund otherwise established by 

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

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

23 payment is received. 


tkelley on DSK3SPTVN1PROD with BILLS
91 

•HR 5322 IH

1 SEC. 619. USE OF FACILITIES. 

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

3 Government or the government of any foreign country, 

4 State, the District of Columbia, the Commonwealth of 

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

6 States, with or without reimbursement, the Secretary and 

7 the Federal Energy Regulatory Commission may use the 

8 research, equipment, and facilities of such a government 

9 (or political subdivision) in carrying out the functions 

10 under this Act. 

11 (b) USE OF PROPERTY.— 

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

14 may permit the use by public and private individuals 

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

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

18 terms and at such rates as the Secretary determines 

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

20 years. 

21 (2) RECONDITIONING AND MAINTENANCE.— 

22 The Secretary may require any individual or entity 

23 to which a permit is provided under this subsection 

24 to recondition and maintain, at the expense of the 

25 individual or entity, the real property, facilities, 


tkelley on DSK3SPTVN1PROD with BILLS
92 

•HR 5322 IH

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

3 (3) EXCEPTION.—This subsection shall not 

4 apply to excess property (as defined in section 102 

5 of title 40, United States Code). 

6 (c) PROCEEDS.— 

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

9 this section— 

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

11 (B) may be withdrawn by the Secretary or 

12 the head of another appropriate Federal depart13 ment or agency— 

14 (i) to pay directly the costs of the 

15 equipment and facilities provided; 

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

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

21 (2) EXCEPTION.—The proceeds described in 

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

23 fund otherwise established by law (including the 

24 fund established pursuant to section 622) and used 

25 in accordance the laws governing that fund, if the 


tkelley on DSK3SPTVN1PROD with BILLS
93 

•HR 5322 IH

1 fund is available for use for providing the equipment 

2 or facilities involved. 

3 SEC. 620. FIELD OFFICES. 

4 The Secretary may establish, alter, consolidate, or 

5 discontinue to maintain such State, regional, district, 

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

7 be necessary to carry out this Act. 

8 SEC. 621. COPYRIGHTS. 

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

11 or for, or useful to, the Department: 

12 (1) Copyrights, patents, and applications for 

13 patents, designs, processes, and manufacturing data. 

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

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

18 SEC. 622. CAPITAL FUND. 

19 (a) ESTABLISHMENT.—The Secretary may establish 

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

21 limitation, for expenses necessary for the maintenance and 

22 operation of such common administrative services as the 

23 Secretary determines to be appropriate in the interests of 

24 economy and efficiency, including services such as— 


tkelley on DSK3SPTVN1PROD with BILLS
94 

•HR 5322 IH

1 (1) a central supply service for stationery and 

2 other supplies and equipment for which adequate 

3 stocks may be maintained to meet in whole or in 

4 part the requirements of the Department; 

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

6 other communications services; 

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

9 (4) a central library service. 

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

12 (1) any appropriations made for the purpose of 

13 providing capital; and 

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

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

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

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

20 reimbursed in advance from available funds of agencies 

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

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

24 and the depreciation of equipment. 


tkelley on DSK3SPTVN1PROD with BILLS
95 

•HR 5322 IH

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

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

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

5 owned by the fund. 

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

7 the Treasury as miscellaneous receipts any surplus 

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

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

11 SEC. 623. SEAL OF DEPARTMENT. 

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

13 of office to be made for the Department. 

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

15 taken of the seal under this section. 

16 SEC. 624. REGIONAL ENERGY ADVISORY BOARDS. 

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

18 each region may establish 1 regional energy advisory 

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

20 Governors determine to be appropriate. 

21 (b) OBSERVERS.— 

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

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

25 (a): 


tkelley on DSK3SPTVN1PROD with BILLS
96 

•HR 5322 IH

1 (A) The Secretary. 

2 (B) The Secretary of Commerce. 

3 (C) The Secretary of the Interior. 

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

6 (E) The Commandant of the Coast Guard. 

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

10 Public Works and Economic Development Act of 

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

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

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

16 (c) RECOMMENDATIONS.— 

17 (1) IN GENERAL.—Each board established 

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

21 board. 

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

23 specific recommendation under paragraph (1) that is 

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


tkelley on DSK3SPTVN1PROD with BILLS
97 

•HR 5322 IH

1 the Board in writing of the reasons for not adopting 

2 the recommendation. 

3 SEC. 625. DESIGNATION OF CONSERVATION OFFICERS. 

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

5 Secretary of Commerce, the Secretary of Housing and 

6 Urban Development, the Secretary of Transportation, the 

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

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

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

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

16 (1) the planning and implementation of energy 

17 conservation programs by the applicable department 

18 or agency; and 

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

21 (c) PUBLICATION.— 

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

25 conservation officer. 


tkelley on DSK3SPTVN1PROD with BILLS
98 

•HR 5322 IH

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

3 section, based on the information provided under 

4 paragraph (1). 

5 SEC. 626. ANNUAL REPORT. 

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

7 end of each fiscal year commencing with the first complete 

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

9 Secretary shall submit to the President, for inclusion in 

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

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

13 shall include— 

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

15 plans of the Secretary for the Department, together 

16 with an assessment of the progress made toward— 

17 (A) the attainment of those goals; 

18 (B) the effective and efficient management 

19 of the Department; and 

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

23 (2) the information required by— 

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


tkelley on DSK3SPTVN1PROD with BILLS
99 

•HR 5322 IH

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

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

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

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

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

7 (E) section 15 of the Federal Nonnuclear 

8 Energy Research and Development Act of 1974 

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

10 (3) the projected energy needs of the United 

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

15 and energy needs of residents of the United States 

16 residing in— 

17 (A) areas outside standard metropolitan 

18 statistical areas; and 

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

21 Bureau of the Census; 

22 (4) an estimate of— 

23 (A) the domestic and foreign energy supply 

24 on which the United States will be expected to 

25 rely to meet those needs in an economic manVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
100 

•HR 5322 IH

1 ner, with due regard for the protection of the 

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

5 (B) the quantities of energy expected to be 

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

9 and the expected means of obtaining those 

10 quantities; 

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

12 quality, management, and use of energy resources 

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

15 United States; 

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

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

22 the Department in support of environmental, social, 

23 economic, institutional, biomedical, physical, and 

24 safety research, development, demonstration, and 

25 monitoring activities necessary to guarantee that 


tkelley on DSK3SPTVN1PROD with BILLS
101 

•HR 5322 IH

1 technological programs funded by the Department 

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

3 (A) maintaining or improving the quality 

4 of the environment; and 

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

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

8 appropriateness of technologies, procedures, and 

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

11 and local governments and nongovernmental entities 

12 to achieve the purposes of this Act; 

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

18 needed to encourage more conservation and recycling 

19 by all segments of the United States; 

20 (9) a summary of substantive measures taken 

21 by the Department— 

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

25 States; and 


tkelley on DSK3SPTVN1PROD with BILLS
102 

•HR 5322 IH

1 (B) to involve those institutions in the exe2 cution of the research and development pro3 grams of the Department; and 

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

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

7 that own or control United States energy sources 

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

10 United States and exports of energy resources from 

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

13 as the Secretary determines to be appropriate. 

14 SEC. 627. TRANSFER OF FUNDS. 

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

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

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

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

21 5 percent of the appropriation for the applicable fiscal 

22 year. 


tkelley on DSK3SPTVN1PROD with BILLS
103 

•HR 5322 IH

1 SEC. 628. GUARDS FOR STRATEGIC PETROLEUM RESERVE 

2 FACILITIES. 

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

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

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

13 the guidelines; and 

14 (2) arrest without warrant any individual for an 

15 offense against the United States— 

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

17 has reasonable grounds to believe that the indi18 vidual— 

19 (i) has committed or is committing a 

20 felony; and 

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

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

25 presence of the employee. 


tkelley on DSK3SPTVN1PROD with BILLS
104 

•HR 5322 IH

1 SEC. 629. TRESPASS ON STRATEGIC PETROLEUM RESERVE 

2 FACILITIES. 

3 (a) REGULATIONS.— 

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

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

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

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

14 B of title I of the Energy Policy and Conservation 

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

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

18 under paragraph (1) a notification that the property 

19 is subject to the regulations. 

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

22 to subsection (a) shall be— 

23 (1) guilty of a misdemeanor; and 

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

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

26 1 year, or both. 


tkelley on DSK3SPTVN1PROD with BILLS
105 

•HR 5322 IH

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

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

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

7 a terrorist attack. 

8 (b) REPORTS.—Not later than June 1, 2015, and an9 nually thereafter, the Secretary shall submit to Congress 

10 a report on the assessment conducted under subsection (a) 

11 for the preceding calendar year, including the results of 

12 the assessment, together with such findings and rec13 ommendations as the Secretary considers to be appro14 priate. 

15 TITLE VII—TRANSITIONAL, SAV16 INGS, AND CONFORMING 

17 PROVISIONS 

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

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

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

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

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

26 the functions transferred by this Act, subject to section 


tkelley on DSK3SPTVN1PROD with BILLS
106 

•HR 5322 IH

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

2 the Secretary for appropriate allocation. 

3 (b) USE OF UNEXPENDED FUNDS.—Unexpended 

4 funds transferred pursuant to subsection (a) shall only be 

5 used for the purposes for which the funds were originally 

6 authorized and appropriated. 

7 (c) SPECIFIC POSITIONS.—Positions expressly speci8 fied by statute or reorganization plan to carry out func9 tions transferred by this Act, personnel occupying those 

10 positions on the effective date of this Act, and personnel 

11 authorized to receive compensation in those positions at 

12 the rate prescribed for offices and positions at level I, II, 

13 III, IV, or V of the Executive Schedule under subchapter 

14 II of chapter 53 of title 5, United States Code, on the 

15 effective date of this Act, shall be subject to section 703. 

16 SEC. 702. EFFECT ON PERSONNEL. 

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

18 this Act or by the Secretary, the transfer pursuant to this 

19 title of full-time personnel (except special Government em20 ployees) and part-time personnel holding permanent posi21 tions pursuant to this title shall not cause any such em22 ployee to be separated or reduced in grade or compensa23 tion for 1 year after the date of enactment of this Act. 

24 (b) COMPENSATION.—Any person who, on the effec25 tive date of this Act, holds a position compensated in acVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
107 

•HR 5322 IH

1 cordance with the Executive Schedule prescribed in chap2 ter 53 of title 5, United States Code, and who, without 

3 a break in service, is appointed in the Department to a 

4 position having duties comparable to the duties performed 

5 immediately preceding the appointment shall continue to 

6 be compensated in the new position at not less than the 

7 rate provided for the previous position, for the duration 

8 of service in the new position. 

9 (c) REEMPLOYMENT RIGHTS.— 

10 (1) IN GENERAL.—An employee transferred to 

11 the Department who holds reemployment rights ac12 quired under any provision of law or regulation may 

13 exercise those rights only during the latter of— 

14 (A) the 120-day period beginning on the 

15 effective date of this Act; or 

16 (B) the 2-year period beginning on the 

17 date on which the employee acquired the reem18 ployment rights. 

19 (2) REQUIREMENT.—Reemployment rights may 

20 only be exercised at the request of the employee. 

21 SEC. 703. AGENCY TERMINATIONS. 

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

23 this Act, whenever all of the functions vested by law in 

24 any agency, commission, or other body, or any component 

25 of an agency, commission, or other body, have been termiVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
108 

•HR 5322 IH

1 nated or transferred from that agency, commission, or 

2 other body, or component by this Act, the agency, commis3 sion, or other body, or component, shall terminate. 

4 (b) TERMINATION OF POSITIONS AND OFFICES.—If 

5 an agency, commission, or other body, or any component 

6 of an agency, commission, or other body, terminates pur7 suant to subsection (a), each position and office within 

8 the agency, commission, or other body, or component, that 

9 was expressly authorized by law, or the incumbent of 

10 which was authorized to receive compensation at the rates 

11 prescribed for an office or position at level II, III, IV, or 

12 V of the Executive Schedule under subchapter II of chap13 ter 53 of title 5, United States Code, shall terminate. 

14 SEC. 704. INCIDENTAL TRANSFERS. 

15 The Director of the Office of Management and Budg16 et, in consultation with the Secretary and the Commission, 

17 shall make such determinations as may be necessary with 

18 regard to the transfer of functions that relate to or are 

19 used by an agency, commission or other body, or compo20 nent of an agency, commission, or other body, affected by 

21 this Act, to make such additional incidental dispositions 

22 of personnel, assets, liabilities, contracts, property, 

23 records, and unexpended balances of appropriations, au24 thorizations, allocations, and other funds held, used, aris25 ing from, available to, or to be made available in connecVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
109 

•HR 5322 IH

1 tion with the functions transferred by this Act, as the Di2 rector considers necessary to accomplish the purposes of 

3 this Act. 

4 SEC. 705. SAVINGS PROVISIONS. 

5 (a) ORDERS TO REMAIN IN EFFECT.— 

6 (1) IN GENERAL.—All orders, determinations, 

7 rules, regulations, permits, contracts, certificates, li8 censes, and privileges described in paragraph (2) 

9 shall continue in effect according to their respective 

10 terms until modified, terminated, superseded, set 

11 aside, or revoked in accordance with law by the 

12 President, the Secretary, the Commission, or other 

13 authorized officials, a court of competent jurisdic14 tion, or by operation of law. 

15 (2) SPECIFICATION.—Paragraph (1) applies to 

16 all orders, determinations, rules, regulations, per17 mits, contracts, certificates, licenses, and privileges 

18 that— 

19 (A) have been issued, made, granted, or al20 lowed to become effective by the President, any 

21 Federal department or agency, official of a Fed22 eral department or agency, or by a court of 

23 competent jurisdiction, in the performance of 

24 functions that are transferred under this Act to 


tkelley on DSK3SPTVN1PROD with BILLS
110 

•HR 5322 IH

1 the Department or the Commission after the 

2 date of enactment of this Act; and 

3 (B) are in effect on the date on which this 

4 Act takes effect. 

5 (b) PENDING PROCEEDINGS.— 

6 (1) IN GENERAL.—This Act shall not affect any 

7 proceedings or any application for any license, per8 mit, certificate, or financial assistance pending be9 fore any department, agency, commission, or compo10 nent of a department, agency, or commission, func11 tions of which are transferred by this Act on the 

12 date on which this Act takes effect. 

13 (2) CONTINUATION.— 

14 (A) IN GENERAL.—To the extent that pro15 ceedings and applications described in para16 graph (1) relate to functions transferred by this 

17 Act— 

18 (i) the proceedings and applications 

19 shall be continued; and 

20 (ii) orders shall be issued, appeals 

21 shall be taken, and payments shall be 

22 made pursuant to the orders, as if this Act 

23 had not been enacted. 

24 (B) EFFECT.—Orders issued in any pro25 ceeding continued under this paragraph shall 


tkelley on DSK3SPTVN1PROD with BILLS
111 

•HR 5322 IH

1 continue in effect until modified, terminated, 

2 superseded, or revoked by— 

3 (i) a duly authorized official; 

4 (ii) a court of competent jurisdiction; 

5 or 

6 (iii) operation of law. 

7 (C) DISCONTINUANCE OR MODIFICA8 TION.—Nothing in this subsection prohibits the 

9 discontinuance or modification of any pro10 ceeding described in paragraph (1) under the 

11 same terms and conditions and to the same ex12 tent that the proceeding could have been dis13 continued or modified if this Act had not been 

14 enacted. 

15 (3) REGULATIONS.—The Secretary and the 

16 Commission may promulgate regulations providing 

17 for the orderly transfer of proceedings described in 

18 paragraph (1) to the Department or the Commis19 sion. 

20 (c) PENDING SUITS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (3)— 

23 (A) this Act shall not affect suits com24 menced prior to the effective date of this Act; 

25 and 


tkelley on DSK3SPTVN1PROD with BILLS
112 

•HR 5322 IH

1 (B) in all suits described in subparagraph 

2 (A), proceedings shall be had, appeals taken, 

3 and judgments rendered in the same manner 

4 and effect as if this Act had not been enacted. 

5 (2) SUITS BY AND AGAINST OFFICERS IN OFFI6 CIAL CAPACITY AND DEPARTMENTS AND AGEN7 CIES.— 

8 (A) OFFICES.—No suit, action, or other 

9 proceeding commenced by or against any officer 

10 in the official capacity of the officer as an offi11 cer of any department or agency, functions of 

12 which are transferred by this Act, shall abate 

13 by reason of the enactment of this Act. 

14 (B) DEPARTMENTS AND AGENCIES.—No 

15 cause of action by or against any department or 

16 agency, functions of which are transferred by 

17 this Act, or by or against any officer of a de18 partment or agency in the official capacity of 

19 the officer, shall abate by reason of the enact20 ment of this Act. 

21 (3) TRANSFER.—If, before the effective date of 

22 this Act, any department or agency, or officer of a 

23 department or agency in the official capacity of the 

24 officer, is a party to a suit, and under this Act any 

25 function of the department, agency, or officer is 


tkelley on DSK3SPTVN1PROD with BILLS
113 

•HR 5322 IH

1 transferred to the Secretary or any other official, 

2 then the suit shall be continued with the Secretary 

3 or other official, as applicable, substituted. 

4 SEC. 706. REFERENCE. 

5 With respect to any functions transferred by this Act 

6 and exercised after the effective date of this Act, reference 

7 in any other Federal law to any department, commission, 

8 or agency or any officer or office the functions of which 

9 are so transferred shall be deemed to refer to the Sec10 retary, the Commission, or other official or component of 

11 the Department in which this Act vests those functions. 

12 SEC. 707. PRESIDENTIAL AUTHORITY. 

13 Except as provided in title IV, nothing in this Act 

14 limits, curtails, abolishes, or terminates— 

15 (1) any function of, or authority available to, 

16 the President that the President had immediately 

17 before the effective date of this Act; or 

18 (2) the authority of the President to delegate, 

19 redelegate, or terminate any delegation of functions. 

20 SEC. 708. TRANSITION. 

21 With the consent of the appropriate department or 

22 agency head concerned, the Secretary may use the services 

23 of the officers, employees, and other personnel of the de24 partments and agencies from which functions have been 

25 transferred to the Secretary for such period of time as 


tkelley on DSK3SPTVN1PROD with BILLS
114 

•HR 5322 IH

1 may reasonably be needed to facilitate the orderly transfer 

2 of functions under this Act. 

3 SEC. 709. ADMINISTRATIVE AMENDMENTS. 

4 (a) EXECUTIVE DEPARTMENTS.—Section 101 of title 

5 5, United States Code is amended by striking ‘‘Depart6 ment of Energy’’ and inserting ‘‘Department of Energy 

7 and the Environment’’. 

8 (b) LEVEL I.—Section 5312 of title 5, United States 

9 Code, is amended by striking ‘‘Secretary of Energy’’ and 

10 inserting ‘‘Secretary of Energy and the Environment’’. 

11 (c) LEVEL II.—Section 5313 of title 5, United States 

12 Code, is amended— 

13 (1) by striking ‘‘Deputy Secretary of Energy’’ 

14 and inserting ‘‘Deputy Secretary of Energy and the 

15 Environment’’; and 

16 (2) by striking ‘‘Administrator of the Environ17 mental Protection Agency.’’. 

18 (d) LEVEL III.—Section 5314 of title 5, United 

19 States Code, is amended by striking ‘‘Under Secretaries 

20 of Energy (3)’’ and inserting ‘‘Under Secretaries of En21 ergy and the Environment (4)’’. 

22 (e) LEVEL IV.—Section 5315 of title 5, United 

23 States Code, is amended— 


tkelley on DSK3SPTVN1PROD with BILLS
115 

•HR 5322 IH

1 (1) by striking ‘‘Assistant Secretaries of Energy 

2 (8)’’ and inserting ‘‘Assistant Secretaries of Energy 

3 and the Environment (18)’’; 

4 (2) by striking ‘‘General Counsel of the Depart5 ment of Energy’’ and inserting ‘‘General Counsel of 

6 the Department of Energy and the Environment’’; 

7 (3) by striking ‘‘Administrator, Economic Regu8 latory Administration, Department of Energy.’’; 

9 (4) by striking ‘‘Administrator, Energy Infor10 mation Administration, Department of Energy.’’ and 

11 inserting ‘‘Administrator, Energy and Environment 

12 Information Administration, Department of Energy 

13 and the Environment.’’; 

14 (5) by striking ‘‘Director, Office of Indian En15 ergy Policy and Programs, Department of Energy’’; 

16 (6) by striking ‘‘Director, Office of Science, De17 partment of Energy.’’; 

18 (7) by striking ‘‘Assistant Administrator for 

19 Toxic Substances, Environmental Protection Agen20 cy.’’; 

21 (8) by striking ‘‘Assistant Administrator, Office 

22 of Solid Waste, Environmental Protection Agency.’’; 

23 (9) by striking ‘‘Assistant Administrators, En24 vironmental Protection Agency (8).’’; 


tkelley on DSK3SPTVN1PROD with BILLS
116 

•HR 5322 IH

1 (10) by striking ‘‘Chief Financial Officer, De2 partment of Energy’’ and inserting ‘‘Chief Financial 

3 Officer, Department of Energy and the Environ4 ment’’; 

5 (11) by striking ‘‘Chief Financial Officer, Envi6 ronmental Protection Agency.’’; 

7 (12) by striking ‘‘Chief Information Officer, 

8 Department of Energy’’ and inserting ‘‘Chief Infor9 mation Officer, Department of Energy and the Envi10 ronment’’; and 

11 (13) by striking ‘‘Chief Information Officer, 

12 Environmental Protection Agency.’’. 

13 (f) LEVEL V.—Section 5316 of title 5, United States 

14 Code, is amended by striking ‘‘Additional Officers, De15 partment of Energy (14)’’ and inserting ‘‘Additional Offi16 cers, Department of Energy and the Environment (14)’’. 

17 SEC. 710. DIRECTOR OF OFFICE OF PERSONNEL MANAGE18 MENT REPORT. 

19 As soon as practicable but not later than 1 year after 

20 the effective date of this Act, the Director of the Office 

21 of Personnel Management shall prepare and submit to 

22 Congress a report on the effects on employees of the reor23 ganization under this Act, which shall include— 

24 (1) an identification of any position within the 

25 Department or elsewhere in the Executive branch 


tkelley on DSK3SPTVN1PROD with BILLS
117 

•HR 5322 IH

1 that the Director considers unnecessary due to con2 solidation of functions under this Act; 

3 (2) a statement of the number of employees en4 titled to pay savings by reason of the reorganization 

5 under this Act; 

6 (3) a statement of the number of employees 

7 who are voluntarily or involuntarily separated by 

8 reason of the reorganization; 

9 (4) an estimate of the personnel costs associ10 ated with the reorganization; 

11 (5) the effects of the reorganization on labor 

12 management relations; and 

13 (6) such legislative and administrative rec14 ommendations for improvements in personnel man15 agement within the Department as the Director con16 siders necessary. 

17 SEC. 711. INVESTIGATIONS AND REPORTS ON DUPLICATIVE 

18 PROGRAMS AND ACTIVITIES. 

19 The Secretary shall— 

20 (1) conduct routine investigations to identify 

21 programs, offices, and initiatives with duplicative 

22 goals and activities within the Department; and 

23 (2) report annually to Congress on the findings 

24 from the investigations (including the cost of such 

25 duplication), including recommendations for consoliVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
118 

•HR 5322 IH

1 dation and elimination to reduce duplication and for 

2 specific rescissions. 

3 SEC. 712. ENVIRONMENTAL IMPACT STATEMENTS. 

4 The transfer of functions under titles III and IV shall 

5 not affect the validity of any draft environmental impact 

6 statement or similar analysis required under the National 

7 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.) and published before the effective date of this Act. 

9 SEC. 713. CONFORMING AMENDMENTS. 

10 The Department of Energy Organization Act (42 

11 U.S.C. 7101 et seq.) is repealed. 

12 TITLE VIII—ENERGY PLANNING 

13 SEC. 801. NATIONAL ENERGY POLICY PLAN. 

14 (a) IN GENERAL.—The President shall— 

15 (1) in accordance with subsection (b), prepare 

16 and submit to Congress a proposed National Energy 

17 Policy Plan (referred to in this title as a ‘‘proposed 

18 Plan’’); 

19 (2) seek the active participation by regional, 

20 State, and local agencies and instrumentalities and 

21 the private sector through public hearings in cities 

22 and rural communities and other appropriate means 

23 to ensure, to the maximum extent practicable, that 

24 the views and proposals of all segments of the econVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
119 

•HR 5322 IH

1 omy are taken into account in the formulation and 

2 review of the proposed Plan; 

3 (3) include in the proposed Plan a comprehen4 sive summary of data pertaining to all fuel and en5 ergy needs of persons residing in— 

6 (A) areas outside standard metropolitan 

7 statistical areas; and 

8 (B) areas within standard metropolitan 

9 statistical areas that are unincorporated or are 

10 specified by the Bureau of the Census as rural 

11 areas. 

12 (b) CONTENTS OF PROPOSED PLAN.—Not later than 

13 April 1, 2015, and biennially thereafter, the President 

14 shall submit to Congress the proposed Plan, which shall— 

15 (1) consider and establish energy production, 

16 use, and conservation objectives, for periods of 5 and 

17 10 years, necessary to satisfy projected energy needs 

18 of the United States to meet the requirements of the 

19 general welfare of the people of the United States 

20 and the commercial and industrial life of the United 

21 States, paying particular attention to the needs 

22 for— 

23 (A) full employment; 

24 (B) price stability; 

25 (C) energy security; 


tkelley on DSK3SPTVN1PROD with BILLS
120 

•HR 5322 IH

1 (D) economic growth; 

2 (E) environmental protection; 

3 (F) nuclear nonproliferation; 

4 (G) special regional needs; and 

5 (H) the efficient use of public and private 

6 resources; 

7 (2) identify the strategies that should be fol8 lowed and the resources that should be committed to 

9 achieve those objectives, including— 

10 (A) forecasting the level of production and 

11 investment necessary in each of the significant 

12 energy supply sectors and the level of conserva13 tion and investment necessary in each con14 suming sector; and 

15 (B) outlining the appropriate policies and 

16 actions of the Federal Government that will 

17 maximize the private production and investment 

18 necessary in each of the significant energy sup19 ply sectors consistent with applicable Federal, 

20 State, and local environmental laws, standards, 

21 and requirements; and 

22 (3) contain recommendations for legislative and 

23 administrative actions necessary to achieve the ob24 jectives of the proposed Plan, including legislative 

25 recommendations with respect to taxes or tax incenVerDate Mar 15 2010 20:28 Aug 15, 2014 Jkt 039200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H5322.IH H5322

tkelley on DSK3SPTVN1PROD with BILLS
121 

•HR 5322 IH

1 tives, Federal funding, regulatory actions, antitrust 

2 policy, foreign policy, and international trade. 

3 (c) CONTENTS OF REPORT.—The President shall 

4 submit to Congress with the proposed Plan a report that 

5 shall include— 

6 (1) any data and analysis necessary to support 

7 the objectives, resource needs, and policy rec8 ommendations contained in the proposed Plan; 

9 (2) an estimate of the domestic and foreign en10 ergy supplies on which the United States will be ex11 pected to rely to meet projected energy needs in an 

12 economic manner consistent with the need to protect 

13 the environment, conserve natural resources, and im14 plement foreign policy objectives; 

15 (3) an evaluation of current and foreseeable 

16 trends in the price, quality, management, and use of 

17 energy resources and the effects of those trends on 

18 the social, environmental, economic, and other re19 quirements of the United States; 

20 (4) a summary of research and development ef21 forts funded by the Federal Government— 

22 (A) to forestall energy shortages; 

23 (B) to reduce waste; 

24 (C) to foster recycling; 


tkelley on DSK3SPTVN1PROD with BILLS
122 

•HR 5322 IH

1 (D) to encourage conservation practices; 

2 and 

3 (E) to otherwise protect environmental 

4 quality, including recommendations for devel5 oping technologies to accomplish the purposes 

6 listed in subparagraphs (A) through (D); and 

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

8 appropriateness of technologies, procedures, and 

9 practices (including competitive and regulatory prac10 tices) employed by Federal, State, and local govern11 ments and nongovernmental entities to achieve the 

12 purposes of the proposed Plan. 

13 (d) CONSULTATION REQUIRED.—The President shall 

14 ensure that consumers, small businesses, and a wide range 

15 of other interests, including those of individual citizens 

16 who have no financial interest in the energy industry, are 

17 consulted in the development of the proposed Plan. 

18 SEC. 802. CONGRESSIONAL REVIEW. 

19 (a) IN GENERAL.—Each proposed Plan shall be re20 ferred to the appropriate committees of the Senate and 

21 the House of Representatives. 

22 (b) COMMITTEE ACTION.—Each committee to which 

23 a proposed Plan is referred shall— 

24 (1) review the proposed Plan; and 


tkelley on DSK3SPTVN1PROD with BILLS
123 

•HR 5322 IH

1 (2) if considered appropriate by the committee, 

2 report to the Senate or the House of Representatives 

3 legislation regarding the proposed Plan, which may 

4 contain such alternatives to, modifications of, or ad5 ditions to the proposed Plan submitted by the Presi6 dent as the committee considers appropriate. 

7 TITLE IX—EFFECTIVE DATE AND 

8 INTERIM APPOINTMENTS 

9 SEC. 901. EFFECTIVE DATE. 

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

11 (b), this Act shall take effect on the earlier of— 

12 (1) 120 days after the Secretary first takes of13 fice; or 

14 (2) such date as the President may prescribe 

15 and publish in the Federal Register. 

16 (b) APPOINTMENTS AND REGULATIONS.—At any 

17 time after the date of enactment of this Act— 

18 (1) any of the officers provided for in titles II 

19 and IV may be nominated and appointed, as pro20 vided in those titles; and 

21 (2) the Secretary and the Commission may pro22 mulgate regulations pursuant to section 705. 

23 (c) USE OF FUNDS.—Funds available to any depart24 ment or agency (or any official or component of a depart25 ment or agency) functions of which are transferred to the 


tkelley on DSK3SPTVN1PROD with BILLS
124 

•HR 5322 IH

1 Secretary or the Commission by this Act, may with the 

2 approval of the Director of the Office of Management and 

3 Budget, be used to pay the compensation and expenses 

4 of any officer appointed pursuant to subsection (b) until 

5 such time as funds for that purpose are otherwise avail6 able. 

7 SEC. 902. INTERIM APPOINTMENTS. 

8 (a) IN GENERAL.—If one or more officers required 

9 by this Act to be appointed by and with the advice and 

10 consent of the Senate shall not have entered upon office 

11 on the effective date of this Act, the President may des12 ignate any officer, whose appointment was required to be 

13 made by and with the advice and consent of the Senate, 

14 and who was such an officer immediately prior to the ef15 fective date of the Act, to act in the office until the office 

16 is filled as provided in this Act. 

17 (b) COMPENSATION.—Any person acting in an office 

18 in accordance with subsection (a) shall receive compensa19 tion at the rates provided by this Act for the respective 

20 office in which the person acts. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS