I 
112TH CONGRESS 
2D SESSION 
H. R. 4295 
To establish the Department of Energy and the Environment, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 29, 2012 
Mrs. BLACKBURN (for herself, Mr. ROE of Tennessee, Mrs. ELLMERS, Mr. 
GARRETT, and Mr. HUELSKAMP) 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, Appropriations, 
Science, Space, and Technology, Transportation and Infrastructure, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Consolidate Heavy-handed and Outdated Programs Act 
of 2012’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—MISSION AND GOALS 
Sec. 101. Mission. 
Sec. 102. Goals. 
Sec. 103. Relationship with States. 
TITLE II—ESTABLISHMENT OF DEPARTMENT 
Sec. 201. Establishment. 
Sec. 202. Principal officers. 
Sec. 203. Assistant Secretaries. 
Sec. 204. Other officers. 
Sec. 205. Federal Energy Regulatory Commission. 
Sec. 206. Energy and Environmental Information Administration. 
Sec. 207. Comptroller General functions. 
Sec. 208. Office of Science. 
Sec. 209. Establishment of policy for National Nuclear Security Administra-
tion. 
Sec. 210. Establishment of security, counterintelligence, and intelligence poli-
cies. 
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. 
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Sec. 602. Senior positions. 
Sec. 603. Experts and consultants. 
Sec. 604. Advisory committees. 
Subtitle B—General Administrative Provisions 
Sec. 611. General authority. 
Sec. 612. Delegation. 
Sec. 613. Reorganization. 
Sec. 614. Rules. 
Sec. 615. Subpoena. 
Sec. 616. Contracts. 
Sec. 617. Acquisition and maintenance of property. 
Sec. 618. Facilities construction. 
Sec. 619. Use of facilities. 
Sec. 620. Field offices. 
Sec. 621. Copyrights. 
Sec. 622. Capital fund. 
Sec. 623. Seal of Department. 
Sec. 624. Regional energy advisory boards. 
Sec. 625. Designation of conservation officers. 
Sec. 626. Annual report. 
Sec. 627. Transfer of funds. 
Sec. 628. Guards for Strategic Petroleum Reserve facilities. 
Sec. 629. Trespass on Strategic Petroleum Reserve facilities. 
Sec. 630. Annual assessment and report on vulnerability of facilities to terrorist 
attack. 
TITLE VII—TRANSITIONAL, SAVINGS, AND CONFORMING 
PROVISIONS 
Sec. 701. Transfer and allocations of appropriations and personnel. 
Sec. 702. Effect on personnel. 
Sec. 703. Agency terminations. 
Sec. 704. Incidental transfers. 
Sec. 705. Savings provisions. 
Sec. 706. Reference. 
Sec. 707. Presidential authority. 
Sec. 708. Transition. 
Sec. 709. Administrative amendments. 
Sec. 710. Director of Office of Personnel Management report. 
Sec. 711. Investigations and reports on duplicative programs and activities. 
Sec. 712. Environmental impact statements. 
Sec. 713. Conforming amendments. 
TITLE VIII—ENERGY PLANNING 
Sec. 801. National Energy Policy Plan. 
Sec. 802. Congressional review. 
TITLE IX—ELIMINATION OR REDUCTION OF CERTAIN PROGRAMS 
Subtitle A—Energy Programs 
Sec. 901. Elimination of grants to States for energy conservation and weather-
ization. 
Sec. 902. Reduction of Department funding for energy technology development. 
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Sec. 903. Prohibition on refurbishment of the Los Alamos Neutron Science 
Center (LANSCE). 
Sec. 904. Repeal of ultra-deepwater and unconventional natural gas and other 
petroleum resources research and development program. 
Sec. 905. Reduction in fossil energy research and development. 
Sec. 906. Chemistry and Metallurgy Research Replacement (CMRR) facility. 
Sec. 907. Reduction in Second Line of Defense (SLD) funding. 
Sec. 908. Administrative Efficiency Initiative. 
Sec. 909. Do Not Pay Fraud Prevention Activities. 
Subtitle B—Environmental Programs 
Sec. 911. State water pollution control revolving funds. 
Sec. 912. State drinking water revolving funds. 
Sec. 913. Performance partnership grants. 
Sec. 914. Pollution control programs. 
Sec. 915. Nonpoint source management programs. 
Sec. 916. State Indoor Radon Grant Program. 
Sec. 917. Targeted watershed grants. 
Sec. 918. U.S.-Mexico Border Water Infrastructure Program. 
Sec. 919. Tribal assistance grants. 
Sec. 920. Public water system supervision program. 
Sec. 921. Underground injection control program. 
Sec. 922. Termination of diesel emissions reduction grants. 
Sec. 923. Termination of beach grants. 
Sec. 924. Termination of Clean Automotive Technology (CAT) program. 
Sec. 925. Termination of local government climate change grants. 
Sec. 926. Termination of targeted airshed grants. 
Sec. 927. Termination of targeted water infrastructure grants. 
Sec. 928. Reduction in funding for homeland security activities. 
Sec. 929. Reduction in funding for Great Lakes Initiative. 
Sec. 930. Reduction in funding for nonpoint source management program 
grants. 
Sec. 931. Chemical Risk Management Fibers program. 
Sec. 932. Environmental Education program. 
Sec. 933. Reduction in funding for Superfund remedial program. 
Sec. 934. Termination of Superfund support to other Federal agencies. 
Sec. 935. Savings through maintenance agreements for capital equipment. 
Sec. 936. Savings through electronic emissions reporting. 
Sec. 937. Savings through reducing travel costs through videoconferencing. 
TITLE X—EFFECTIVE DATE AND INTERIM APPOINTMENTS 
Sec. 1001. Effective date. 
Sec. 1002. Interim appointments. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ASSETS.—The term ‘‘assets’’ includes con-
tracts, facilities, property, records, unobligated or 
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unexpended balances of appropriations, and other 
funds or resources (other than personnel). 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy and the Environ-
ment. 
(4) FUNCTION.—The term ‘‘function’’ includes 
any authority, power, right, privilege, immunity, pro-
gram, project, activity, duty, and responsibility. 
(5) LOCAL
GOVERNMENT.—The term ‘‘local 
government’’ means— 
(A) a county, municipality, city, town, 
township, local public authority, school district, 
special district, intrastate district, council of 
governments (regardless of whether the council 
of governments is incorporated as a nonprofit 
corporation under State law), regional or inter-
state government entity, or agency or instru-
mentality of a local government; 
(B) an Indian tribe or authorized tribal or-
ganization or, in the State of Alaska, a Native 
village or Alaska Regional Native Corporation; 
and 
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(C) a rural community, unincorporated 
town or village, or other public entity. 
(6) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given the term 
in section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801). 
(7) PERFORM.—The term ‘‘perform’’, with re-
spect to a function, includes— 
(A) the undertaking, fulfillment, or execu-
tion of any duty or obligation; and 
(B) the exercise of any power, authority, 
right, or privilege. 
(8) PERSONNEL.—The term ‘‘personnel’’ means 
officers and employees. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy and the Environment. 
(10) STATE.—The term ‘‘State’’ means— 
(A) each of the several States of the 
United States; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; and 
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(G) any other territory or possession of the 
United States. 
(11) UNITED
STATES.—The term ‘‘United 
States’’, when used in a geographical sense, 
means— 
(A) all of the States; and 
(B) any waters within the jurisdiction of 
the United States. 
TITLE I—MISSION AND GOALS 
SEC. 101. MISSION. 
The primary mission of the Department is to ensure 
the security and prosperity of the United States by— 
(1) protecting human health; 
(2) safeguarding the natural environment; and 
(3) addressing the energy, environmental, and 
nuclear challenges of the United States through 
transformative science and technology solutions. 
SEC. 102. GOALS. 
The goals of the Department are— 
(1) to catalyze the timely, material, and effi-
cient transformation of the energy system of the 
United States and secure the leadership of the 
United States in energy technologies; 
(2) to maintain a vibrant effort in science and 
engineering as a cornerstone of the economic pros-
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perity of the United States, with clear leadership in 
strategic areas; 
(3) to protect human health and safeguard the 
natural environment; and 
(4) to enhance nuclear security through de-
fense, nonproliferation, and environmental efforts. 
SEC. 103. RELATIONSHIP WITH STATES. 
(a) IN GENERAL.—If any proposed action by the De-
partment conflicts with the energy or environment plan 
of any State, the Department shall give due consideration 
to the needs of the State, and if practicable, attempt to 
resolve the conflict through consultations with appropriate 
State officials. 
(b) STATE MATTERS.—Nothing in this Act shall af-
fect the authority of any State over matters exclusively 
within the jurisdiction of the State. 
TITLE II—ESTABLISHMENT OF 
DEPARTMENT 
SEC. 201. ESTABLISHMENT. 
(a) ESTABLISHMENT.—There is established at the 
seat of government an executive department to be known 
as the Department of Energy and the Environment. 
(b) SECRETARY.—There shall be at the head of the 
Department a Secretary of Energy and the Environment, 
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who shall be appointed by the President by and with the 
advice and consent of the Senate. 
(c) ADMINISTRATION.—The Department shall be ad-
ministered, in accordance with this Act, under the super-
vision and direction of the Secretary. 
SEC. 202. PRINCIPAL OFFICERS. 
(a) DEPUTY SECRETARY.— 
(1) IN GENERAL.—There shall be in the De-
partment a Deputy Secretary, who shall be ap-
pointed by the President, by and with the advice and 
consent of the Senate. 
(2) DUTIES.—The Deputy Secretary shall act 
for and exercise the functions of the Secretary dur-
ing the absence or disability of the Secretary or in 
the event the office of Secretary becomes vacant. 
(3) ORDER
OF
SUCCESSION.—The Secretary 
shall designate the order in which the Under Secre-
taries and other officials shall act for and perform 
the functions of the Secretary during the absence or 
disability of both the Secretary and Deputy Sec-
retary or in the event of vacancies in both of those 
offices. 
(b) UNDER SECRETARY OF ENVIRONMENT.— 
(1) IN GENERAL.—There shall be in the De-
partment an Under Secretary for Environment, who 
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shall be appointed by the President, by and with the 
advice and consent of the Senate. 
(2) DUTIES.—The Under Secretary for Envi-
ronment shall perform such functions and duties as 
the Secretary shall prescribe, consistent with this 
Act. 
(c) UNDER SECRETARY OF NUCLEAR SECURITY.— 
(1) IN GENERAL.—There shall be in the De-
partment an Under Secretary for Nuclear Security, 
who shall be appointed by the President, by and 
with the advice and consent of the Senate. 
(2) QUALIFICATIONS.—The Under Secretary 
for Nuclear Security shall be appointed from among 
individuals who— 
(A) have extensive backgrounds in national 
security, organizational management, and ap-
propriate technical fields; and 
(B) are well qualified to manage the nu-
clear weapons, nonproliferation, and materials 
disposition programs of the National Nuclear 
Security Administration in a manner that ad-
vances and protects the national security of the 
United States. 
(3) ADMINISTRATOR
FOR
NUCLEAR
SECU-
RITY.— 
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(A) IN GENERAL.—The Under Secretary 
for Nuclear Security shall serve as the Adminis-
trator for Nuclear Security under section 3212 
of the National Nuclear Security Administra-
tion Act (50 U.S.C. 2402). 
(B) FUNCTIONS.— 
(i) IN GENERAL.—In carrying out the 
functions of the Administrator, the Under 
Secretary shall be subject to the authority, 
direction, and control of the Secretary. 
(ii) DELEGATION.—The authority, di-
rection, and control of the Secretary may 
be delegated only to the Deputy Secretary 
of Energy and the Environment, without 
redelegation. 
(d) UNDER SECRETARY FOR SCIENCE.— 
(1) IN GENERAL.—There shall be in the De-
partment an Under Secretary for Science, who shall 
be appointed by the President, by and with the ad-
vice and consent of the Senate. 
(2) QUALIFICATIONS.—The Under Secretary 
for Science shall be appointed from among individ-
uals who— 
(A) have extensive background in scientific 
or engineering fields; and 
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(B) are well qualified to manage the civil-
ian research and development programs of the 
Department. 
(3) DUTIES.—The Under Secretary for Science 
shall— 
(A) serve as the Science and Technology 
Advisor to the Secretary; 
(B) monitor the research and development 
programs of the Department in order to advise 
the Secretary with respect to any undesirable 
duplication or gaps in the programs; 
(C) advise the Secretary with respect to 
the well-being and management of the multi-
purpose laboratories under the jurisdiction of 
the Department; 
(D) advise the Secretary with respect to 
education and training activities required for ef-
fective short- and long-term basic and applied 
research activities of the Department; 
(E) advise the Secretary with respect to 
grants and other forms of financial assistance 
required for effective short- and long-term basic 
and applied research activities of the Depart-
ment; 
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(F) advise the Secretary with respect to 
long-term planning, coordination, and develop-
ment of a strategic framework for Department 
research and development activities; and 
(G) carry out such additional duties that 
the Secretary assigns to the Under Secretary 
relating to basic and applied research, including 
supervision or support of research activities car-
ried out by any of the Assistant Secretaries des-
ignated by section 203, as the Secretary deter-
mines appropriate. 
(e) UNDER SECRETARY OF ENERGY.— 
(1) IN GENERAL.—There shall be in the De-
partment an Under Secretary of Energy, who shall 
be appointed by the President, by and with the ad-
vice and consent of the Senate. 
(2) DUTIES.—The Under Secretary of Energy 
shall perform such functions and duties as the Sec-
retary shall prescribe, consistent with this Act. 
(f) GENERAL COUNSEL.— 
(1) IN GENERAL.—There shall be in the De-
partment a General Counsel, who shall be appointed 
by the President, by and with the advice and consent 
of the Senate. 
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(2) DUTIES.—The General Counsel shall per-
form such functions and duties as the Secretary 
shall prescribe, consistent with this Act. 
SEC. 203. ASSISTANT SECRETARIES. 
(a) IN GENERAL.—There shall be in the Department 
18 Assistant Secretaries, each of whom shall be appointed 
by the President, by and with the advice and consent of 
the Senate. 
(b) FUNCTIONS.—The Assistant Secretaries shall 
perform such functions of the Secretary as are prescribed 
by the Secretary, including the following: 
(1) Air and radiation functions. 
(2) Enforcement and compliance assurance 
functions. 
(3) Legacy management functions. 
(4) Solid waste and emergency response func-
tions. 
(5) Environmental research and development 
functions. 
(6) Water functions. 
(7) Chemical safety and pollution prevention 
functions. 
(8) Environmental management functions. 
(9) Energy resource applications, including 
functions dealing with management of all forms of 
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energy production and utilization, including fuel sup-
ply, electric power supply, enriched uranium produc-
tion, energy technology programs, and the manage-
ment of energy resource leasing procedures on Fed-
eral land. 
(10) Energy research and development func-
tions, including the responsibility for policy and 
management of research and development for all as-
pects of— 
(A) solar energy resources; 
(B) geothermal energy resources; 
(C) recycling energy resources; 
(D) the fuel cycle for fossil energy re-
sources; and 
(E) the fuel cycle for nuclear energy re-
sources. 
(11) Environmental responsibilities and func-
tions, including— 
(A) advising the Secretary with respect to 
the conformance of the activities of the Depart-
ment to environmental protection laws and 
principles; and 
(B) conducting a comprehensive program 
of research and development on the environ-
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mental effects of energy technologies and pro-
grams. 
(12) International programs and international 
policy functions, including functions that assist in 
promoting international energy. 
(13) Intergovernmental policies and relations, 
including responsibilities for ensuring that— 
(A) national energy policies are reflective 
of and responsible to the needs of State and 
local governments; and 
(B) other components of the Department 
coordinate activities with State and local gov-
ernments, if appropriate, and develop intergov-
ernmental communications with State and local 
governments. 
(14) Competition and consumer affairs, includ-
ing responsibilities for— 
(A) the promotion of competition in the en-
ergy industry; 
(B) the protection of the consuming public 
in the energy policymaking processes; and 
(C) assisting the Secretary in the formula-
tion and analysis of policies, rules, and regula-
tions relating to competition and consumer af-
fairs. 
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(15) Nuclear waste management responsibil-
ities, including— 
(A) the establishment of control over exist-
ing Federal Government facilities for the treat-
ment and storage of nuclear wastes, including 
all containers, casks, buildings, vehicles, equip-
ment, and all other materials associated with 
the facilities; 
(B) the establishment of control over all 
existing nuclear waste in the possession or con-
trol of the Federal Government and all commer-
cial nuclear waste presently stored on site 
(other than the site of a licensed nuclear power 
electric generating facility), except that nothing 
in this paragraph shall alter or effect title to 
the waste; 
(C) the establishment of temporary and 
permanent facilities for storage, management, 
and ultimate disposal of nuclear wastes; 
(D) the establishment of facilities for the 
treatment of nuclear wastes; 
(E) the establishment of programs for the 
treatment, management, storage, and disposal 
of nuclear wastes; 
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(F) the establishment of fees or user 
charges for nuclear waste treatment or storage 
facilities, including fees to be charged Federal 
Government agencies; and 
(G) the promulgation of rules and regula-
tions to implement the authority described in 
this paragraph, except that nothing in this sec-
tion grants to the Department regulatory func-
tions of the Nuclear Regulatory Commission, or 
any additional related functions, as of the date 
of enactment of this Act. 
(16) Energy conservation functions, including— 
(A) the development of comprehensive en-
ergy conservation strategies for the United 
States; 
(B) the planning and implementation of 
major research and demonstration programs for 
the development of technologies and processes 
to reduce total energy consumption; 
(C) the administration of voluntary and 
mandatory energy conservation programs; and 
(D) the dissemination to the public of all 
available information on energy conservation 
programs and measures. 
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(17) Power marketing functions, including re-
sponsibility for marketing and transmission of Fed-
eral power. 
(18) Public and congressional relations func-
tions, including responsibilities for providing a con-
tinuing liaison between the Department and Con-
gress and the Department and the public. 
(c) SPECIFIC FUNCTIONS.—At the time the name of 
any individual is submitted for confirmation to the posi-
tion of Assistant Secretary, the President shall identify 
with particularity the one or more functions described in 
subsection (b) (or any portion of the function) for which 
the individual will be responsible. 
SEC. 204. OTHER OFFICERS. 
(a) INSPECTOR GENERAL.—There is an Inspector 
General of the Department, who shall be appointed as pro-
vided in section 3(a) of the Inspector General Act of 1978 
(5 U.S.C. App.). 
(b) OTHER OFFICERS.—To assist the Secretary in 
the performance of the functions of the Secretary, there 
are the following officers of the Department, who shall be 
appointed by the Secretary: 
(1) A Chief Financial Officer. 
(2) A Congressional and Intergovernmental Af-
fairs Officer. 
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(3) A Community and Public Affairs Officer. 
(4) A Management and Human Resources Offi-
cer. 
(5) A Hearings and Appeals Officer. 
(6) A Chief Information Officer. 
(7) An Intelligence and Counterintelligence Of-
ficer. 
(c) PERFORMANCE OF SPECIFIC FUNCTIONS.—Sub-
ject to this Act, each officer of the Department shall per-
form the functions specified by law for the office of the 
official or prescribed by the Secretary. 
SEC. 205. FEDERAL ENERGY REGULATORY COMMISSION. 
(a) IN GENERAL.—There shall be within the Depart-
ment, a Federal Energy Regulatory Commission estab-
lished in accordance with title IV. 
(b) QUALIFICATIONS.—The Chair and members of 
the Commission shall be individuals who, by demonstrated 
ability, background, training, or experience, are specially 
qualified to assess fairly the needs and concerns of all in-
terests affected by Federal energy policy. 
SEC. 206. ENERGY AND ENVIRONMENTAL INFORMATION 
ADMINISTRATION. 
(a) IN GENERAL.—There shall be within the Depart-
ment an Energy and Environmental Information Adminis-
tration. 
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(b) ADMINISTRATOR.— 
(1) IN GENERAL.—The Energy and Environ-
mental Information Administration shall be headed 
by an Administrator who shall be appointed by the 
President, by and with the advice and consent of the 
Senate. 
(2) QUALIFICATIONS.—The Administrator shall 
be a person who, by reason of professional back-
ground and experience, is specially qualified to man-
age an energy and environmental information sys-
tem. 
(3) DUTIES.—The Administrator shall be re-
sponsible for carrying out a central comprehensive, 
and unified energy data and information program 
that will collect, evaluate, assemble, analyze, and dis-
seminate data and information that is relevant to— 
(A) energy resource reserves, energy pro-
duction, demand, and technology, environmental 
protection, and related economic and statistical 
information; or 
(B) the adequacy of energy resources to 
meet demands in the near and longer term fu-
ture for the economic and social needs of the 
United States. 
(c) FUNCTIONS.— 
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(1) IN GENERAL.—The Secretary shall delegate 
to the Administrator the functions vested in Federal 
law relating to gathering, analysis, and dissemina-
tion of energy and environmental information. 
(2) ENFORCEMENT.—The Administrator may 
act in the name of the Secretary for the purpose of 
obtaining enforcement of the delegated functions. 
(3) ADDITIONAL FUNCTIONS.— 
(A) IN GENERAL.—There shall be vested in 
the Administrator, and the Administrator shall 
perform, the functions assigned to the Director 
of the Office of Energy Information and Anal-
ysis under part B of the Federal Energy Ad-
ministration Act of 1974 (15 U.S.C. 790 et 
seq.). 
(B) 
ADMINISTRATION.—Sections 
53(d) 
and 59 of the Federal Energy Administration 
Act of 1974 (15 U.S.C. 790b(d), 790h) shall 
apply to the Administrator in the performance 
of any function under this Act. 
(d) APPROVAL.—The Administrator shall not be re-
quired to obtain the approval of any other officer or em-
ployee of the Department in connection with— 
(1) the collection or analysis of any informa-
tion; or 
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(2) prior to publication, the substance of any 
statistical or forecasting technical reports that the 
Administrator has prepared in accordance with law. 
(e) AUDIT REVIEWS.—The Energy and Environ-
mental Information Administration shall be subject to an 
annual professional audit review of performance. 
(f) FURNISHING
OF INFORMATION
TO DEPART-
MENT.—On request, the Administrator shall promptly 
provide any information or analysis obtained under this 
section to any other administration, commission, or office 
within the Department. 
(g) PUBLIC AVAILABILITY.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), information collected by the Energy Infor-
mation Administration shall be cataloged and, on re-
quest, promptly made available to the public in a 
form and manner easily adaptable for public use. 
(2) EXEMPTED
MATTERS.—This subsection 
shall not require disclosure of matters exempted 
from mandatory disclosure by section 552(b) of title 
5, United States Code. 
(3) ADMINISTRATION.—Section 11(d) of the 
Energy Supply and Environmental Coordination Act 
of 1974 (15 U.S.C. 796(d)), and section 17 of the 
Federal Nonnuclear Energy Research and Develop-
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ment Act of 1974 (42 U.S.C. 5916), shall continue 
to apply to any information obtained by the Admin-
istrator under those provisions. 
(h) MAJOR ENERGY-PRODUCING COMPANIES.— 
(1) DEFINITIONS.—In this subsection: 
(A) ENERGY-PRODUCING
COMPANY.—The 
term ‘‘energy-producing company’’ means a 
person engaged in— 
(i) ownership or control of mineral 
fuel resources or nonmineral energy re-
sources; 
(ii) exploration for, or development of, 
mineral fuel resources; 
(iii) extraction of mineral fuel or non-
mineral energy resources; 
(iv) refining, milling, or otherwise 
processing mineral fuels or nonmineral en-
ergy resources; 
(v) storage of mineral fuels or non-
mineral energy resources; 
(vi) the generation, transmission, or 
storage of electrical energy; 
(vii) transportation of mineral fuels or 
nonmineral energy resources by any means 
whatever; or 
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(viii) wholesale or retail distribution of 
mineral fuels, nonmineral energy resources 
or electrical energy. 
(B) ENERGY INDUSTRY.—The term ‘‘en-
ergy industry’’ means all energy-producing com-
panies. 
(C) PERSON.—The ‘‘person’’ has the 
meaning given the term in section 11(e) of the 
Energy Supply and Environmental Coordina-
tion Act of 1974 (15 U.S.C. 796(e)). 
(2) IDENTIFICATION AND DESIGNATION.— 
(A) IN GENERAL.—In addition to the ac-
quisition, collection, analysis, and dissemination 
of energy information pursuant to this section, 
the Administrator shall identify and designate 
major energy-producing companies that alone 
or with their affiliates are involved in one or 
more lines of commerce in the energy industry 
in a manner that the energy information col-
lected from the major energy-producing compa-
nies shall provide a statistically accurate profile 
of each line of commerce in the energy industry 
in the United States. 
(B) ADMINISTRATION.—In carrying out 
this subsection, the Administrator shall— 
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(i) use, to the maximum extent prac-
ticable and consistent with this Act, reli-
able statistical sampling techniques; and 
(ii) otherwise give priority to the mini-
mization of the reporting of energy infor-
mation by small businesses. 
(3) FINANCIAL REPORT.— 
(A) IN
GENERAL.—The Administrator 
shall develop and make effective for use the for-
mat for an energy-producing company financial 
report. 
(B) USE.—The report shall be designed to 
allow comparison on a uniform and standard-
ized basis among energy-producing companies 
and shall permit for the energy-related activities 
of the energy-producing companies— 
(i) an evaluation of company revenues, 
profits, cash flow, and investments in total, 
for the energy-related lines of commerce in 
which the company is engaged and for all 
significant energy-related functions within 
the energy-producing companies; 
(ii) an analysis of the competitive 
structure 
of 
sectors 
and 
functional 
groupings within the energy industry; 
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(iii) the segregation of energy infor-
mation, including financial information, de-
scribing company operations by energy 
source and geographic area; 
(iv) the determination of costs associ-
ated with exploration, development, pro-
duction, processing, transportation, and 
marketing and other significant energy-re-
lated functions within the energy-pro-
ducing companies; and 
(v) such other analysis or evaluations 
as the Administrator finds necessary to 
carry out this Act. 
(4) ACCOUNTING
PRACTICES.—The Adminis-
trator shall— 
(A) consult with the Chairman of the Se-
curities and Exchange Commission with respect 
to the development of accounting practices re-
quired by the Energy Policy and Conservation 
Act (42 U.S.C. 6201 et seq.) to be followed by 
persons engaged in whole or in part in the pro-
duction of crude oil and natural gas; and 
(B) ensure, to the maximum extent prac-
ticable, that the energy-producing company fi-
nancial report described in paragraph (3) is 
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consistent with the accounting practices, if ap-
plicable. 
(5) FREQUENCY.—The Administrator— 
(A) shall require each major energy-pro-
ducing company to file with the Administrator 
an energy-producing company financial report 
on at least an annual basis; and 
(B) may request energy information de-
scribed in the report on a quarterly basis if the 
Administrator determines that the quarterly re-
port of information will substantially assist in 
achieving the purposes of this Act. 
(6) SUMMARY.—A summary of information 
gathered pursuant to this section, accompanied by 
such analysis as the Administrator considers appro-
priate, shall be included in the annual report of the 
Department required by section 626. 
(7) DISCLOSURE OF CONFIDENTIAL INFORMA-
TION.—Section 1905 of title 18, United States Code, 
shall apply to any information obtained by the Ad-
ministration pursuant to this subsection. 
(i) SURVEYS OF ENERGY CONSUMPTION.— 
(1) IN GENERAL.—The Administrator shall con-
duct and publish the results of a survey of energy 
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consumption in the manufacturing industries in the 
United States at least once every 2 years. 
(2) 
CONFIDENTIALITY.—The 
Administrator 
shall conduct the surveys in a manner designed to 
protect the confidentiality of individual responses. 
(3) INFORMATION.—In conducting the survey, 
the Administrator shall collect information, including 
information on— 
(A) the quantity of fuels consumed; 
(B) energy expenditures; 
(C) fuel-switching capabilities; and 
(D) the use of nonpurchased sources of en-
ergy, such as solar, wind, biomass, geothermal, 
waste by-products, and cogeneration. 
(4) RELATIONSHIP
TO
OTHER
AUTHORITY.— 
This subsection does not affect the authority of the 
Administrator to collect data under section 52 of the 
Federal Energy Administration Act of 1974 (15 
U.S.C. 790a). 
(j) COLLECTION AND PUBLICATION OF SURVEY RE-
SULTS.— 
(1) DEFINITION OF RENEWABLE ENERGY RE-
SOURCES.—In this subsection, the term ‘‘renewable 
energy resources’’ includes energy derived from solar 
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thermal, geothermal, biomass, wind, and photo-
voltaic resources. 
(2) SURVEYS.—The Administrator shall annu-
ally collect and publish the results of a survey of 
electricity production from domestic renewable en-
ergy resources, including production in kilowatt 
hours, total installed capacity, capacity factor, and 
any other measures of production efficiency. 
(3) ENERGY RESOURCES.—The results of the 
survey shall distinguish between various renewable 
energy resources. 
(4) ADMINISTRATION.—In carrying out this 
subsection, the Administrator shall— 
(A) use, to the maximum extent prac-
ticable, reliable statistical sampling techniques; 
and 
(B) otherwise take into account the report-
ing burdens of energy information by small 
businesses. 
(k) SURVEY PROCEDURE.—Pursuant to section 52(a) 
of the Federal Energy Administration Act of 1974 (15 
U.S.C. 790a(a)), the Administrator shall— 
(1) conduct surveys of residential and commer-
cial energy use at least once every 3 years and make 
the results of the surveys available to the public; 
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(2) when surveying electric utilities, collect in-
formation on demand-side management programs 
conducted by the utilities, including information re-
garding— 
(A) the types of demand-side management 
programs being operated; 
(B) the quantity of measures installed; 
(C) expenditures on demand-side manage-
ment programs; and 
(D) estimates of energy savings resulting 
from the programs, including whether the sav-
ings estimates were verified; and 
(3) in carrying out this subsection, take into ac-
count reporting burdens and the protection of pro-
prietary information as required by law. 
(l) DATA COLLECTION.—In order to improve the abil-
ity to evaluate the effectiveness of the energy efficiency 
policies and programs of the United States, the Adminis-
trator shall, in collecting data under subsections (i) and 
(k), consider— 
(1) expanding the survey instruments to include 
questions regarding participation in Federal and 
utility conservation programs; 
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(2) expanding fuel-use surveys in order to pro-
vide greater detail on energy use by user subgroups; 
and 
(3) expanding the scope of data collection on 
energy efficiency and load-management programs, 
including the effects of building construction prac-
tices, such as practices designed to obtain peak load 
shifting. 
(m) RENEWABLE FUELS SURVEY.— 
(1) IN GENERAL.—To improve the ability to 
evaluate the effectiveness of the renewable fuels 
mandate of the United States, the Administrator 
shall conduct and publish the results of a survey of 
renewable fuels demand in the motor vehicle fuels 
market in the United States monthly. 
(2) 
CONFIDENTIALITY.—The 
Administrator 
shall conduct the survey in a manner designed to 
protect the confidentiality of individual responses. 
(3) INFORMATION.—In conducting the survey, 
the Administrator shall collect information both on 
a national and regional basis, including each of the 
following: 
(A) The quantity of renewable fuels pro-
duced. 
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(B) The quantity of renewable fuels blend-
ed. 
(C) The quantity of renewable fuels im-
ported. 
(D) The quantity of renewable fuels de-
manded. 
(E) Market price data. 
(F) Such other analyses or evaluations as 
the Administrator finds are necessary to achieve 
the purposes of this section. 
(4) PRIOR
YEARS.—The Administrator shall 
collect or estimate information both on a national 
and regional basis, pursuant to subparagraphs (A) 
through (F) of paragraph (3), for the 5 years prior 
to implementation of this subsection. 
(5) NATIONAL
ENERGY
INFORMATION
SYS-
TEM.—This subsection does not affect the authority 
of the Administrator to collect data under section 52 
of the Federal Energy Administration Act of 1974 
(15 U.S.C. 790a). 
SEC. 207. COMPTROLLER GENERAL FUNCTIONS. 
The functions of the Comptroller General of the 
United States under section 12 of the Federal Energy Ad-
ministration Act of 1974 (15 U.S.C. 771) shall apply with 
respect to the monitoring and evaluation of all functions 
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and activities of the Department under this Act or any 
other Act administered by the Department. 
SEC. 208. OFFICE OF SCIENCE. 
(a) IN GENERAL.—There shall be within the Depart-
ment an Office of Science to be headed by a Director, who 
shall be appointed by the President, by and with the advice 
and consent of the Senate. 
(b) DIRECTOR.—It shall be the duty and responsi-
bility of the Director— 
(1) to advise the Secretary with respect to the 
physical research programs of the Department; 
(2) to monitor the energy and environmental re-
search and development programs of the Secretary 
in order to advise the Secretary with respect to any 
undesirable duplication or gaps in the programs; 
(3) to advise the Secretary with respect to the 
well-being and management of the multipurpose lab-
oratories under the jurisdiction of the Department, 
excluding laboratories that constitute part of the nu-
clear weapons complex; 
(4) to advise the Secretary with respect to edu-
cation and training activities required for effective 
short- and long-term basic and applied research ac-
tivities of the Department; 
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(5) to advise the Secretary with respect to 
grants and other forms of financial assistance re-
quired for effective short- and long-term basic and 
applied research activities of the Department; and 
(6) to carry out such additional duties assigned 
to the Office by the Secretary. 
SEC. 209. ESTABLISHMENT OF POLICY FOR NATIONAL NU-
CLEAR SECURITY ADMINISTRATION. 
(a) IN GENERAL.—The Secretary shall be responsible 
for establishing policy for the National Nuclear Security 
Administration. 
(b) REVIEW OF PROGRAMS AND ACTIVITIES.—The 
Secretary may direct officials of the Department who are 
not within the National Nuclear Security Administra-
tion— 
(1) to review the programs and activities of the 
Administration; and 
(2) to make recommendations to the Secretary 
regarding administration of those programs and ac-
tivities, including consistency with other similar pro-
grams and activities of the Department. 
(c) STAFF.—The Secretary shall provide adequate 
staff to carry out this section. 
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SEC. 210. ESTABLISHMENT OF SECURITY, COUNTERINTEL-
LIGENCE, AND INTELLIGENCE POLICIES. 
(a) IN GENERAL.—The Secretary shall be responsible 
for developing and promulgating the security, counter-
intelligence, and intelligence policies of the Department. 
(b) STAFF.—The Secretary may use the immediate 
staff of the Secretary to assist in developing and promul-
gating those policies. 
(c) INTELLIGENCE EXECUTIVE COMMITTEE.— 
(1) IN GENERAL.—There is within the Depart-
ment an Intelligence Executive Committee. 
(2) COMPOSITION.—The Committee shall con-
sist of— 
(A) the Deputy Secretary of Energy and 
the Environment, who shall chair the Com-
mittee; and 
(B) each Under Secretary of the Depart-
ment. 
(3) STAFF.—The Committee shall be staffed by 
the Director of the Office of Intelligence and Coun-
terintelligence. 
(4) USE.—The Secretary shall use the Com-
mittee to assist in developing and promulgating the 
counterintelligence and intelligence policies, require-
ments, and priorities of the Department. 
(d) BUDGET REQUESTS.— 
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(1) IN GENERAL.—In the budget justification 
materials submitted to Congress in support of each 
budget submitted by the President to Congress 
under title 31, United States Code, the amounts re-
quested for the Department for intelligence func-
tions and the amounts requested for the Department 
for counterintelligence functions shall each be speci-
fied in appropriately classified individual, dedicated 
program elements. 
(2) NATIONAL
NUCLEAR
SECURITY
ADMINIS-
TRATION.—Within the amounts requested for coun-
terintelligence functions, the amounts requested for 
the National Nuclear Security Administration shall 
be specified separately from the amounts requested 
for other elements of the Department. 
SEC. 211. OFFICE OF INTELLIGENCE AND COUNTERINTEL-
LIGENCE. 
(a) IN GENERAL.—There is within the Department 
an Office of Intelligence and Counterintelligence. 
(b) DIRECTOR.— 
(1) IN GENERAL.—The head of the Office shall 
be the Director of the Office of Intelligence and 
Counterintelligence, who shall be an employee in— 
(A) the Senior Executive Service; 
(B) the Senior Intelligence Service; 
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(C) the Senior National Intelligence Serv-
ice; or 
(D) any other Service that the Secretary, 
in coordination with the Director of National 
Intelligence, considers appropriate. 
(2) REPORTING TO SECRETARY.—The Director 
of the Office shall report directly to the Secretary. 
(3) QUALIFICATIONS.—The Secretary shall se-
lect the Director of the Office from among individ-
uals who have substantial expertise in matters relat-
ing to foreign intelligence and counterintelligence. 
(4) DETAILS.— 
(A) IN
GENERAL.—The Director of the 
Federal Bureau of Investigation may detail, on 
a reimbursable basis, any employee of the Bu-
reau to the Department for service as Director 
of the Office. 
(B) BENEFITS.—The service of an em-
ployee of the Bureau as Director of the Office 
shall not result in any loss of status, right, or 
privilege by the employee within the Bureau. 
(c) DUTIES.—The Director of the Office shall— 
(1) establish policy for intelligence and counter-
intelligence programs and activities at Department 
facilities in order to reduce the threat of disclosure 
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or loss of classified and other sensitive information 
at the facilities; 
(2) establish policy for the personnel assurance 
programs of the Department; 
(3) inform the Secretary, the Director of Cen-
tral Intelligence, and the Director of the Federal 
Bureau of Investigation on a regular basis, and on 
specific request by any such official, regarding the 
status and effectiveness of the intelligence and coun-
terintelligence programs and activities at Depart-
ment facilities; and 
(4) perform such duties and exercise such pow-
ers as the Secretary may prescribe. 
(d) REPORTS.— 
(1) IN GENERAL.—Not later than March 1 each 
year, the Director of the Office shall submit a report 
on the status and effectiveness of the intelligence 
and counterintelligence programs and activities at 
each Department facility during the preceding year. 
(2) RECIPIENTS.—Each such report shall be 
submitted to the following: 
(A) The Secretary. 
(B) The Director of National Intelligence. 
(C) The Director of the Federal Bureau of 
Investigation. 
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(D) The Committee on Armed Services 
and the Permanent Select Committee on Intel-
ligence of the House of Representatives. 
(E) The Committee on Armed Services and 
the Select Committee on Intelligence of the 
Senate. 
(3) CONTENTS.—Each such report shall include 
for the year covered by the report the following: 
(A) A description of the status and effec-
tiveness of the intelligence and counterintel-
ligence programs and activities at Department 
facilities. 
(B) A description of any violation of law or 
other requirement relating to intelligence, coun-
terintelligence, or security at such facilities, in-
cluding— 
(i) the number of violations that were 
investigated; and 
(ii) the number of violations that re-
main unresolved. 
(C) A description of the number of foreign 
visitors to Department facilities, including the 
locations of the visits of the visitors. 
(D) The adequacy of the procedures and 
policies of the Department for protecting na-
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tional security information, making such rec-
ommendations to Congress as may be appro-
priate. 
(E) A determination of whether each Na-
tional Laboratory is in full compliance with all 
departmental security requirements and, in the 
case of any such National Laboratory that is 
not in full compliance, what measures are being 
taken to bring the National Laboratory into 
compliance. 
(4) CERTIFICATION
BY
NATIONAL
LABORA-
TORIES.—Not later than 30 days before the date 
that the report required by paragraph (1) is sub-
mitted, the director of each National Laboratory 
shall certify in writing to the Director of the Office 
whether the National Laboratory is in full compli-
ance with all departmental security requirements 
and, if not, what measures are being taken to bring 
that laboratory into compliance and a schedule for 
implementing those measures. 
(5) FORM.—Each report under this subsection 
as submitted to the committees referred to in sub-
paragraphs (D) and (E) of paragraph (2) shall be 
submitted in unclassified form, but may include a 
classified annex. 
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SEC. 212. OFFICE OF INDIAN ENERGY POLICY AND PRO-
GRAMS. 
(a) IN GENERAL.—There is established within the 
Department an Office of Indian Energy Policy and Pro-
grams (referred to in this section as the ‘‘Office’’). 
(b) DIRECTOR.—The Office shall be headed by a Di-
rector, who shall be appointed by the Secretary. 
(c) DUTIES.—The Director, in accordance with Fed-
eral policies promoting Indian self-determination and the 
purposes of this Act, shall provide, direct, foster, coordi-
nate, and implement energy and environmental planning, 
education, management, conservation, and delivery pro-
grams of the Department that— 
(1) promote Indian tribal energy development, 
efficiency, and use; 
(2) reduce or stabilize energy costs; 
(3) enhance and strengthen Indian tribal energy 
and economic infrastructure relating to natural re-
source development and electrification; and 
(4) bring electrical power and service to Indian 
land and the homes of tribal members located on In-
dian land or acquired, constructed, or improved (in 
whole or in part) with Federal funds. 
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(4) the power marketing functions of the Bu-
reau of Reclamation, including the construction, op-
eration, and maintenance of transmission lines and 
attendant facilities; and 
(5) the transmission and disposition of the elec-
tric power and energy generated at Falcon Dam and 
Amistad 
Dam, 
international 
storage 
reservoir 
projects on the Rio Grande, pursuant to the Act of 
June 18, 1954 (68 Stat. 255, chapter 310). 
(b) ADMINISTRATION.— 
(1) IN
GENERAL.—The Southeastern Power 
Administration, the Southwestern Power Adminis-
tration, and the Bonneville Power Administration, 
shall be preserved as separate and distinct organiza-
tional entities within the Department. 
(2) ADMINISTRATOR.—Each entity shall be 
headed by an Administrator appointed by the Sec-
retary. 
(3) FUNCTIONS.—The functions transferred to 
the Secretary in paragraphs (1) through (4) of sub-
section (a) shall be exercised by the Secretary, act-
ing by and through the Administrators. 
(4) OFFICE.—Each Administrator shall main-
tain the principal office of the Administrator at a 
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place located in the region served by the respective 
Federal power marketing entity. 
(c) DAMS.— 
(1) IN
GENERAL.—The functions transferred 
under subsection (a)(5) shall be exercised by the 
Secretary, acting by and through a separate and dis-
tinct Administration within the Department which 
shall be headed by an Administrator appointed by 
the Secretary. 
(2) REGIONAL
OFFICES.—The Administrator 
shall establish and maintain such regional offices as 
necessary to facilitate the performance of the func-
tions. 
(3) REALLOCATION
OF
COSTS.—Neither the 
transfer of functions effected by subsection (a)(5) 
nor any changes in cost allocation or project evalua-
tion standards shall be considered to authorize the 
reallocation of joint costs of multipurpose facilities 
allocated unless and to the extent that the change is 
approved by Congress. 
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TITLE IV—FEDERAL ENERGY 
REGULATORY COMMISSION 
SEC. 401. APPOINTMENT AND ADMINISTRATION. 
(a) IN GENERAL.—There is established within the 
Department an independent regulatory commission to be 
known as the Federal Energy Regulatory Commission. 
(b) COMPOSITION.— 
(1) IN
GENERAL.—The Commission shall be 
composed of 5 members appointed by the President, 
by and with the advice and consent of the Senate. 
(2) CHAIR.—Of the members of the Commis-
sion, 1 member shall be designated by the President 
as Chair. 
(3) TERM.—Subject to section 401(b)(2) of the 
Department of Energy Organization Act (42 U.S.C. 
7171(b)(2)) (as that Act existed before the amend-
ment made by section 713), a member of the Com-
mission— 
(A) shall hold office for a term of 5 years; 
and 
(B) may be removed by the President only 
for inefficiency, neglect of duty, or malfeasance 
in office. 
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(4) POLITICAL
PARTIES.—Not more than 3 
members of the Commission shall be members of the 
same political party. 
(5) VACANCIES.— 
(A) IN GENERAL.—Any Commissioner ap-
pointed to fill a vacancy occurring prior to the 
expiration of the term for which the predecessor 
of the Commissioner was appointed shall be ap-
pointed only for the remainder of the term. 
(B) EXPIRATION
OF
TERM.—A Commis-
sioner may continue to serve after the expira-
tion of the term of the Commissioner until the 
successor of the Commissioner is appointed and 
has been confirmed and taken the oath of Of-
fice, except that the Commissioner shall not 
serve beyond the end of the session of the Con-
gress in which the term expires. 
(6) OTHER
BUSINESS
OR
EMPLOYMENT.—A 
member of the Commission shall not engage in any 
other business, vocation, or employment while serv-
ing on the Commission. 
(c) DUTIES.— 
(1) IN GENERAL.—The Chair shall be respon-
sible, on behalf of the Commission, for the executive 
and administrative operation of the Commission, in-
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cluding functions of the Commission with respect 
to— 
(A) the appointment and employment of 
hearing examiners in accordance with title 5, 
United States Code; 
(B) the selection, appointment, and fixing 
of the compensation of such personnel as the 
Chair considers necessary, including an execu-
tive director; 
(C) the supervision of personnel employed 
by or assigned to the Commission, except that 
each member of the Commission may select and 
supervise personnel for the personal staff of the 
member; 
(D) the distribution of business among 
personnel and among administrative units of 
the Commission; and 
(E) the procurement of services of experts 
and consultants in accordance with section 
3109 of title 5, United States Code. 
(2) SUPPORT AND FACILITIES.—The Secretary 
shall provide to the Commission such support and 
facilities as the Commission determines necessary to 
carry out the functions of the Commission. 
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(d) RELATIONSHIP TO DEPARTMENT.—In the per-
formance of functions of the Commission, the members, 
employees, or other personnel of the Commission shall not 
be responsible to, or subject to the supervision or direction 
of, any officer, employee, or agent of any other part of 
the Department. 
(e) ADMINISTRATION.— 
(1) ACTING CHAIR.—The Chair of the Commis-
sion may designate any other member of the Com-
mission as Acting Chair to act in the place of the 
Chair during the absence of the Chair. 
(2) MEETINGS.— 
(A) IN GENERAL.—The Chair (or the Act-
ing Chair in the absence of the Chair) shall pre-
side at all sessions of the Commission. 
(B) QUORUM.—A quorum for the trans-
action of business of the Commission shall con-
sist of at least 3 members present. 
(C) SINGLE VOTE.—Each member of the 
Commission, including the Chair, shall have 1 
vote. 
(D) MAJORITY
VOTE.—Actions of the 
Commission shall be determined by a majority 
vote of the members present. 
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(3) SEAL.—The Commission shall have an offi-
cial seal which shall be judicially noticed. 
(f) PROCEDURAL AND ADMINISTRATIVE RULES.— 
(1) IN GENERAL.—The Commission may estab-
lish such procedural and administrative rules as are 
necessary to the exercise of the functions of the 
Commission. 
(2) CONTINUATION.—Until changed by the 
Commission, any procedural and administrative 
rules applicable to particular functions over which 
the Commission has jurisdiction shall continue in ef-
fect with respect to the particular functions. 
(g) HEARINGS AND SUBPOENA.— 
(1) IN GENERAL.—In carrying out any of the 
functions of the Commission, the Commission shall 
have the powers authorized by the law under which 
the function is exercised— 
(A) to hold hearings; 
(B) to sign and issue subpoenas; 
(C) to administer oaths; 
(D) to examine witnesses; and 
(E) to receive evidence at any place in the 
United States the Commission may designate. 
(2) HEARINGS.—The Commission may, by one 
or more of the members of the Commission or by 
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such agents as the Commission may designate, con-
duct any hearing or other inquiry appropriate to the 
functions of the Commission, except that nothing in 
this subsection supersedes the provisions of section 
556 of title 5, United States Code, relating to hear-
ing examiners. 
(h) PRINCIPAL OFFICE.—The principal office of the 
Commission shall be in or near the District of Columbia, 
where the general sessions of the Commission shall be 
held, except that the Commission may sit anywhere in the 
United States. 
(i) AGENCY.— 
(1) IN GENERAL.—For the purpose of section 
552b of title 5, United States Code, the Commission 
shall be considered an agency. 
(2) ATTORNEY
FOR
COMMISSION.—Except as 
provided in section 518 of title 28, United States 
Code, attorneys designated by the Chair of the Com-
mission may appear for, and represent the Commis-
sion in, any civil action brought in connection with 
any function carried out by the Commission pursu-
ant to this Act or as otherwise authorized by law. 
(j) ANNUAL AUTHORIZATION AND APPROPRIATION 
REQUEST.— 
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(1) IN GENERAL.—In each annual authorization 
and appropriation request under this Act, the Sec-
retary shall— 
(A) identify the portion of the request in-
tended for the support of the Commission; and 
(B) include— 
(i) a statement by the Commission of 
the amount requested by the Commission 
in the budgetary presentation of the Com-
mission to the Secretary and the Office of 
Management and Budget; and 
(ii) an assessment of the budgetary 
needs of the Commission. 
(2) COPY TO COMMITTEES.—If the Commission 
submits to the Secretary, the President, or the Of-
fice of Management and Budget, any legislative rec-
ommendation or testimony, or comments on legisla-
tion, prepared for submission to Congress, the Com-
mission shall concurrently transmit a copy to the ap-
propriate committees of Congress. 
SEC. 402. JURISDICTION OF COMMISSION. 
(a) FUNCTIONS.— 
(1) IN
GENERAL.—There are transferred to, 
and vested in, the Commission the following func-
tions of the Federal Power Commission or of any 
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member of the Commission or any officer or compo-
nent of the Commission: 
(A) The investigation, issuance, transfer, 
renewal, revocation, and enforcement of licenses 
and permits for the construction, operation, and 
maintenance of dams, water conduits, res-
ervoirs, powerhouses, transmission lines, or 
other works for the development and improve-
ment of navigation and for the development and 
utilization of power across, along, from, or in 
navigable waters under part I of the Federal 
Power Act (16 U.S.C. 791a et seq.). 
(B) The establishment, review, and en-
forcement of rates and charges for the trans-
mission or sale of electric energy, including de-
terminations on— 
(i) construction work in progress 
under part II of the Federal Power Act 
(16 U.S.C. 824 et seq.); and 
(ii) the interconnection under section 
202(b) of that Act (16 U.S.C. 824a(b)) of 
facilities for the generation, transmission, 
and sale of electric energy (other than 
emergency interconnection). 
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(C) The establishment, review, and en-
forcement of rates and charges for the trans-
portation and sale of natural gas by a producer 
or gatherer or by a natural gas pipeline or nat-
ural gas company under sections 1, 4, 5, and 6 
of the Natural Gas Act (15 U.S.C. 717, 717c, 
717d, 717e). 
(D) The issuance of a certificate of public 
convenience and necessity, including abandon-
ment of facilities or services, and the establish-
ment of physical connections under section 7 of 
the Natural Gas Act (15 U.S.C. 717f). 
(E) The establishment, review, and en-
forcement of curtailments, other than the estab-
lishment and review of priorities for the curtail-
ments, under the Natural Gas Act (15 U.S.C. 
717 et seq.). 
(F) The regulation of mergers and securi-
ties acquisition under the Federal Power Act 
(16 U.S.C. 791a et seq.) and the Natural Gas 
Act (15 U.S.C. 717 et seq.). 
(2) ADDITIONAL
POWERS.—The Commission 
may exercise any power under the following sections 
to the extent the Commission determines the power 
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to be necessary to the exercise of any function with-
in the jurisdiction of the Commission: 
(A) Sections 4, 301, 302, 306 through 
309, and 312 through 316 of the Federal 
Power Act (16 U.S.C. 797, 825, 825a, 825e– 
825h, 825k–825o). 
(B) Sections 8, 9, 13 through 17, 20, and 
21 of the Natural Gas Act (15 U.S.C. 717g, 
717h, 717l–717p, 717s, 717t). 
(b) AGENCY DETERMINATIONS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Commission shall have jurisdiction to 
hear and determine any other matter arising under 
any other function of the Secretary— 
(A) involving any agency determination re-
quired by law to be made on the record after 
an opportunity for an agency hearing; or 
(B) involving any other agency determina-
tion that the Secretary determines shall be 
made on the record after an opportunity for an 
agency hearing. 
(2) 
CERTAIN
LEASE
BIDDING
ARRANGE-
MENTS.—Nothing in this subsection requires that 
functions under section 105 of the Energy Policy 
and Conservation Act (42 U.S.C. 6213) shall be 
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within the jurisdiction of the Commission unless the 
Secretary assigns the function to the Commission. 
(c) OTHER MATTERS.—In addition to the other pro-
visions of this section, the Commission shall have jurisdic-
tion over any other matter that the Secretary may assign 
to the Commission after public notice, or that is required 
to be referred to the Commission pursuant to section 404. 
(d) LIMITATION.—No function described in this sec-
tion that regulates the exports or imports of natural gas 
or electricity shall be within the jurisdiction of the Com-
mission unless the Secretary assigns the function to the 
Commission. 
(e) FINAL AGENCY ACTION.—The decision of the 
Commission involving any function within the jurisdiction 
of the Commission, other than action by the Commission 
on a matter referred to the Commission pursuant to sec-
tion 404— 
(1) shall be final agency action (within the 
meaning of section 704 of title 5, United States 
Code); and 
(2) shall not be subject to further review by the 
Secretary or any officer or employee of the Depart-
ment. 
(f) REGULATIONS.—The Commission may prescribe 
rules, regulations, and statements of policy of general ap-
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plicability with respect to any function under the jurisdic-
tion of the Commission pursuant to this section. 
SEC. 403. INITIATION OF RULEMAKING PROCEEDINGS BE-
FORE COMMISSION. 
(a) IN GENERAL.—The Secretary and the Commis-
sion may propose rules, regulations, and statements of pol-
icy of general applicability with respect to any function 
within the jurisdiction of the Commission under section 
402. 
(b) PROPOSALS OF SECRETARY.—The Commission 
shall— 
(1) have exclusive jurisdiction with respect to 
any proposal made under subsection (a); and 
(2) consider and take final action on any pro-
posal made by the Secretary under subsection (a) in 
an expeditious manner in accordance with such rea-
sonable time limits as may be established by the 
Secretary for the completion of action by the Com-
mission on any such proposal. 
(c) RATES AND CHARGES.— 
(1) IN GENERAL.—Any function described in 
section 402 that relates to the establishment of rates 
and charges under the Federal Power Act (16 
U.S.C. 791a et seq.) or the Natural Gas Act (15 
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U.S.C. 717 et seq.), may be conducted by rule-
making procedures. 
(2) PROCEDURES.—Except as provided in sub-
section (d), the procedures in such a rulemaking 
proceeding shall ensure full consideration of the 
issues and an opportunity for interested persons to 
present views. 
(d) SUBMISSION OF WRITTEN QUESTIONS BY INTER-
ESTED PERSONS.— 
(1) IN GENERAL.—In the case of any rule or 
regulation promulgated by the Commission to estab-
lish rates and charges for the first sale of natural 
gas by a producer or gatherer to a natural gas pipe-
line under the Natural Gas Act (15 U.S.C. 717 et 
seq.), the Commission may afford an interested per-
son a reasonable opportunity to submit written ques-
tions with respect to disputed issues of fact to other 
interested persons participating in the rulemaking 
proceedings. 
(2) TIME.—The Commission may establish a 
reasonable time for both the submission of questions 
and responses. 
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SEC. 
404. 
REFERRAL 
OF 
OTHER 
RULEMAKING 
PRO-
CEEDINGS TO COMMISSION. 
(a) IN GENERAL.—Except as provided in section 403, 
if the Secretary proposes to prescribe rules, regulations, 
and statements of policy of general applicability in the ex-
ercise of any function that is transferred to the Secretary 
under section 301 or 306 of the Department of Energy 
Organization Act (42 U.S.C. 7151, 7155) (as that Act ex-
isted before the amendment made by section 713), the 
Secretary shall notify the Commission of the proposed ac-
tion. 
(b) REFERRAL TO COMMISSION.—If the Commission 
determines within such period as the Secretary may pre-
scribe that the proposed action may significantly affect 
any function within the jurisdiction of the Commission 
pursuant to subsections (a)(1), (b), and (c) of section 402 
and section 60502 of title 49, United States Code, the 
Secretary shall immediately refer the matter to the Com-
mission, which shall provide an opportunity for public 
comment. 
(c) RECOMMENDATIONS OF COMMISSION.— 
(1) IN
GENERAL.—Following the opportunity 
for public comment, the Commission, after consulta-
tion with the Secretary, shall— 
(A) concur in adoption of the rule or state-
ment as proposed by the Secretary; 
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(B) concur in adoption of the rule or state-
ment only with such changes as the Commis-
sion may recommend; or 
(C) recommend that the rule or statement 
not be adopted. 
(2) 
PUBLICATION.—The 
Commission 
shall 
promptly publish— 
(A) the recommendations of the Commis-
sion adopted under this subsection; 
(B) an explanation of the reason for the 
actions of the Commission; and 
(C) an analysis of the major comments, 
criticisms, and alternatives offered during the 
comment period. 
(d) OPTIONS OF SECRETARY.— 
(1) IN GENERAL.—Following publication of the 
recommendations of the Commission, the Secretary 
shall have the option of— 
(A) issuing a final rule or statement in the 
form initially proposed by the Secretary if the 
Commission has concurred in the rule pursuant 
to subsection (c)(1)(A); 
(B) issuing a final rule or statement in 
amended form so that the rule conforms in all 
respects with the changes proposed by the Com-
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mission if the Commission has concurred in the 
rule or statement pursuant to subsection 
(c)(1)(B); or 
(C) ordering that the rule shall not be 
issued. 
(2) FINAL AGENCY ACTION.—The action taken 
by the Secretary pursuant to this subsection shall 
constitute a final agency action for purposes of sec-
tion 704 of title 5, United States Code. 
SEC. 405. RIGHT OF SECRETARY TO INTERVENE IN COM-
MISSION PROCEEDINGS. 
(a) IN GENERAL.—The Secretary may, as a matter 
of right, intervene or otherwise participate in any pro-
ceeding before the Commission. 
(b) PROCEDURE.—The Secretary shall comply with— 
(1) rules of procedure of general applicability 
governing the timing of intervention or participation 
in the proceeding or activity; and 
(2) on intervening or participating in the pro-
ceeding or activity, rules of procedure of general ap-
plicability governing the conduct of the proceeding 
or activity. 
(c) FAIRNESS.—The intervention or participation of 
the Secretary in any proceeding or activity shall not affect 
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the obligation of the Commission to ensure procedural 
fairness to all participants. 
SEC. 406. REORGANIZATION. 
For the purposes of chapter 9 of title 5, United 
States Code, the Commission shall be considered an inde-
pendent regulatory agency. 
SEC. 407. ACCESS TO INFORMATION. 
(a) IN GENERAL.—The Secretary, each officer of the 
Department, and each Federal agency shall provide to the 
Commission, on request, such existing information in the 
possession of the Department or other Federal agency as 
the Commission determines necessary to carry out the re-
sponsibilities of the Commission under this Act. 
(b) CERTAIN INFORMATION.—In formulating the in-
formation to be requested in the reports or investigations 
under sections 304 and 311 of the Federal Power Act (16 
U.S.C. 825c, 825j) and sections 10 and 11 of the Natural 
Gas Act (15 U.S.C. 717i, 717j), the Secretary shall— 
(1) include in the reports and investigations 
such specific information as requested by the Com-
mission; and 
(2) furnish copies of all reports, information, 
results of investigations and data under those sec-
tions to the Commission. 
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TITLE V—ADMINISTRATIVE PRO-
CEDURES AND JUDICIAL RE-
VIEW 
SEC. 501. PROCEDURES. 
(a) ADMINISTRATIVE PROCEDURES.— 
(1) IN GENERAL.—Subject to the other require-
ments of this title, subchapter II of chapter 5 of title 
5, United States Code, shall apply in accordance 
with the terms of that subchapter to any rule or reg-
ulation, or any order having the applicability and ef-
fect of a rule (as that term is defined in section 551 
of title 5, United States Code), issued pursuant to 
authority vested by law in, or transferred or dele-
gated to, the Secretary, or required by this Act or 
any other Act to be carried out by any other officer, 
employee, or component of the Department, other 
than the Commission, including any such rule, regu-
lation, or order of a State or local government agen-
cy (or officer of a State or local government agency) 
issued pursuant to authority delegated by the Sec-
retary in accordance with this title. 
(2) ADDITIONAL REQUIREMENTS.—If any pro-
vision of any Act, the functions of which are trans-
ferred, vested, or delegated pursuant to this Act, 
provides administrative procedure requirements in 
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addition to the requirements provided in this title, 
those additional requirements shall also apply to ac-
tions under that provision. 
(b) SUBSTANTIAL IMPACT ON THE ECONOMY OF THE 
UNITED STATES.— 
(1) NO
SUBSTANTIAL
IMPACT.—If the Sec-
retary determines, on the initiative of the Secretary 
or in response to any showing made pursuant to 
paragraph (2) (with respect to a proposed rule, reg-
ulation, or order described in subsection (a)), that 
no substantial issue of fact or law exists and that 
the rule, regulation, or order is unlikely to have a 
substantial impact on the economy of the United 
States or large numbers of individuals or businesses 
in the United States, the proposed rule, regulation, 
or order may be promulgated in accordance with sec-
tion 553 of title 5, United States Code. 
(2) SUBSTANTIAL
IMPACT.—If the Secretary 
determines that a substantial issue of fact or law ex-
ists or that the rule, regulation, or order is likely to 
have a substantial impact on the economy of the 
United States or large numbers of individuals or 
businesses in the United States, an opportunity for 
oral presentation of views, data, and arguments shall 
be provided before promulgation. 
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(3) SUBMISSION
OF
MATERIAL.—Any person 
who would be adversely affected by the implementa-
tion of any proposed rule, regulation, or order and 
who desires an opportunity for oral presentation of 
views, data, and arguments, may submit material 
supporting the existence of a substantial issue or im-
pact described in paragraph (2). 
(4) TRANSCRIPT.—A transcript shall be kept of 
any oral presentation described in paragraph (2) 
with respect to a rule, regulation, or order described 
in subsection (a). 
(c) WAIVER.— 
(1) IN
GENERAL.—The requirements of sub-
section (b) may be waived in any case in which— 
(A) strict compliance with that subsection 
is found by the Secretary to be likely to cause 
serious harm or injury to the public health, 
safety, or welfare; and 
(B) the finding of the Secretary described 
in subparagraph (A) is set out in detail in the 
rule, regulation, or order. 
(2) SUBSEQUENT
SATISFACTION.—If the re-
quirements of subsection (b) are waived under para-
graph (1), the requirements of that subsection shall 
be satisfied within a reasonable period of time subse-
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quent to the promulgation of the rule, regulation, or 
order. 
(d) RULES WITH LOCAL EFFECT.— 
(1) DEFINITIONS.—In this subsection: 
(A) 
GEOGRAPHIC
AREA
WITHIN
A 
STATE.—The term ‘‘geographic area within a 
State’’ means a special purpose district or other 
region that is recognized for governmental pur-
poses within the State but is not a unit of local 
government. 
(B) RULE
WITH
LOCAL
EFFECT.—The 
term ‘‘rule with local effect’’ means a rule, reg-
ulation, or order described in subsection (a), the 
effects of which, except for indirect effects of an 
inconsequential nature, are confined to— 
(i) a single unit of local government 
or the residents of a single unit of local 
government; 
(ii) a single geographic area within a 
State or the residents of a single geo-
graphic area within a State; or 
(iii) a single State or the residents of 
a single State. 
(C) UNIT OF LOCAL GOVERNMENT.—The 
term ‘‘unit of local government’’ means a coun-
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ty, municipality, town, township, village, or 
other unit of general government below the 
State level. 
(2) OPPORTUNITY
FOR
HEARING.—With re-
spect to any rule with local effect, the Secretary 
shall, if appropriate, afford an opportunity for a 
hearing or the oral presentation of views, and pro-
vide procedures for the holding of the hearing or 
oral presentation within the boundaries of the appli-
cable unit of local government, geographic area, or 
State. 
(3) RELATIONSHIP TO OTHER LAW.—Nothing 
in this subsection requires a hearing or an oral pres-
entation of views where none is required by this sec-
tion or other provision of law. 
(e) PROCEDURES FOR STATE AND LOCAL GOVERN-
MENT AGENCIES.— 
(1) IN GENERAL.—As authorized by any law 
vested, transferred, or delegated pursuant to this 
Act, the Secretary may, by rule, prescribe proce-
dures for State or local government agencies author-
ized by the Secretary to carry out such functions as 
may be permitted under applicable law. 
(2) 
REQUIREMENTS.—Procedures 
prescribed 
under paragraph (1) shall— 
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(A) apply to the State or local government 
agencies in lieu of this section; and 
(B) require that prior to taking any action, 
the agencies shall— 
(i) take steps reasonably calculated to 
provide notice to persons who may be af-
fected by the action; and 
(ii) afford an opportunity for presen-
tation of views (including oral presentation 
of views where practicable) within a rea-
sonable time before taking the action. 
SEC. 502. JUDICIAL REVIEW. 
(a) IN GENERAL.—Judicial review of agency action 
taken under any law the functions of which are vested by 
law in, or transferred or delegated to the Secretary, the 
Commission, or any officer, employee, or component of the 
Department shall, notwithstanding the vesting, transfer, 
or delegation, be made in the manner specified in or for 
such law. 
(b) ORIGINAL JURISDICTION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and notwithstanding the amount in con-
troversy, the district courts of the United States 
shall have exclusive original jurisdiction of all other 
cases or controversies arising exclusively under this 
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Act, or under rules, regulations, or orders issued ex-
clusively under this Act, other than any actions 
taken to implement or enforce any rule, regulation, 
or order by any officer of a State or local govern-
ment agency under this Act as described in para-
graph (4). 
(2) ISSUE
RAISED
IN
DEFENSE.—Nothing in 
this section affects the power of any court of com-
petent jurisdiction to consider, hear, and determine 
in any proceeding before the court any issue raised 
by way of defense, other than a defense based on the 
unconstitutionality of this Act or the validity of ac-
tion taken by any agency under this Act as described 
in paragraph (3). 
(3) REMOVAL.—If in any proceeding an issue 
by way of defense is raised based on the unconsti-
tutionality of this Act or the validity of agency ac-
tion under this Act, the case shall be subject to re-
moval by either party to a district court of the 
United States in accordance with chapter 89 of title 
28, United States Code. 
(4) STATE OR LOCAL GOVERNMENT AGENCY.— 
Cases or controversies arising under any rule, regu-
lation, or order of any officer of a State or local gov-
ernment agency may be heard in— 
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(A) any appropriate State court; or 
(B) without regard to the amount in con-
troversy, the district courts of the United 
States. 
(c) DEPARTMENT LITIGATION.— 
(1) IN
GENERAL.—Subject to section 401(i) 
and notwithstanding any other law, the litigation of 
the Department shall be subject to the supervision 
of the Attorney General pursuant to chapter 31 of 
title 28, United States Code. 
(2) DELEGATION.—The Attorney General may 
authorize any attorney of the Department to conduct 
any civil litigation of the Department in any Federal 
court except the Supreme Court. 
SEC. 503. REMEDIAL ORDERS. 
(a) IN GENERAL.—If, upon investigation, the Sec-
retary or the authorized representative of the Secretary, 
believes that a person has violated any regulation, rule, 
or order described in section 501(a), the Secretary may 
issue a remedial order to the person. 
(b) REQUIREMENTS.—Each remedial order shall be 
in writing and shall describe with particularity the nature 
of the violation, including a reference to the provision of 
the rule, regulation, or order alleged to have been violated. 
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(c) FAILURE TO RESPOND.—If, not later than 30 
days after the date of receipt of a remedial order issued 
by the Secretary, the person fails to notify the Secretary 
that the person intends to contest the remedial order, the 
remedial order shall become effective and shall be consid-
ered a final order of the Secretary and not subject to re-
view by any court or agency. 
(d) CONTESTING OF ORDER.— 
(1) IN GENERAL.—If, not later than 30 days 
after the date of receipt of the remedial order issued 
by the Secretary, the person notifies the Secretary 
that the person intends to contest a remedial order 
issued under subsection (a), the Secretary shall im-
mediately advise the Commission of the notification. 
(2) STAY OF EFFECT.—Upon receiving notice 
under paragraph (1), the Commission shall stay the 
effect of the remedial order, unless the Commission 
finds the public interest requires immediate compli-
ance with the remedial order. 
(3) OPPORTUNITY FOR A HEARING.—The Com-
mission shall, upon request, afford an opportunity 
for a hearing, including, at a minimum, the submis-
sion of briefs, oral or documentary evidence, and 
oral arguments. 
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(4) CROSS EXAMINATION.—To the extent that 
the Commission, in the discretion of the Commis-
sion, determines that cross examination is required 
for a full and true disclosure of the facts, the Com-
mission shall afford the right of cross examination. 
(5) ORDER BY COMMISSION.— 
(A) IN GENERAL.—After a hearing, if any, 
under this subsection, the Commission shall 
issue an order, based on findings of fact, af-
firming, modifying, or vacating the remedial 
order of the Secretary, or directing other appro-
priate relief. 
(B) EFFECT OF ORDER.—Subject to sub-
paragraph (C), an order issued under subpara-
graph (A) shall, for the purpose of judicial re-
view, constitute a final agency action. 
(C) 
ENFORCEMENT.—Enforcement 
and 
other judicial review of an action described in 
subparagraph (B) shall be the responsibility of 
the Secretary. 
(e) TIME LIMITS.—The Secretary may set reasonable 
time limits for the Commission to complete action on a 
proceeding referred to the Commission pursuant to this 
section. 
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(f) PROCEDURAL ACTIONS.—Nothing in this section 
affects any procedural action taken by the Secretary prior 
to or incident to initial issuance of a remedial order that 
is the subject of a hearing provided in this section, but 
such procedures shall be reviewable in the hearing. 
(g) NOTICE REQUIREMENT.—This section shall be 
applicable only with respect to proceedings initiated by a 
notice of probable violation issued after the effective date 
of this Act. 
(h) MARKETING OF PETROLEUM PRODUCTS.—With 
respect to any person whose sole petroleum industry oper-
ation relates to the marketing of petroleum products, the 
Secretary or any person acting on behalf of the Secretary 
may not exercise discretion to maintain a civil action 
(other than an action for injunctive relief) or issue a reme-
dial order against the person for any violation of any rule 
or regulation if— 
(1) the civil action or order is based on— 
(A) a retroactive application of the rule or 
regulation; or 
(B) a retroactive interpretation of the rule 
or regulation; and 
(2) the person relied in good faith on rules, reg-
ulations, or ruling in effect on the date of the viola-
tion interpreting the rules or regulations. 
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SEC. 504. REQUESTS FOR ADJUSTMENTS. 
(a) IN GENERAL.—The Secretary or any officer des-
ignated by the Secretary shall— 
(1) provide for the making of such adjustments 
to any rule, regulation, or order described in section 
501(a) as may be necessary to prevent special hard-
ship, inequity, or unfair distribution of burdens; 
(2) by rule, establish procedures that are avail-
able to any person for the purpose of seeking an in-
terpretation, modification, or rescission of, exception 
to, or exemption from, such rule, regulation, or 
order; and 
(3) ensure that each decision on any application 
or petition requesting an adjustment shall specify— 
(A) the standards of hardship, inequity, or 
unfair distribution of burden by which any dis-
position was made; and 
(B) the specific application of the stand-
ards to the facts contained in the application or 
petition. 
(b) REVIEW OF DENIAL.— 
(1) IN GENERAL.—If any person is aggrieved or 
adversely affected by a denial of a request for ad-
justment under subsection (a), the person may— 
(A) request a review of the denial by the 
Commission; and 
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(B) obtain judicial review in accordance 
with this title when the denial becomes final. 
(2) PROCEDURES.—The Commission shall, by 
rule, establish appropriate procedures, including a 
hearing when requested, for review of a denial. 
(3) COMMISSION ACTION.—Action by the Com-
mission under this section shall be considered final 
agency action within the meaning of section 704 of 
title 5, United States Code, and shall not be subject 
to further review by the Secretary or any officer or 
employee of the Department. 
(4) LITIGATION.—Litigation involving judicial 
review of action by the Commission under this sec-
tion shall be the responsibility of the Secretary. 
SEC. 505. REVIEW AND EFFECT. 
(a) IN GENERAL.—Not later than 1 year after the 
effective date of this Act, the Secretary shall submit a re-
port to Congress describing the actions taken to imple-
ment section 501. 
(b) CONTENTS.—The report under subsection (a) 
shall include— 
(1) a description of the adequacy of section 501 
from the standpoint of the Department and the pub-
lic, including a summary of any comments obtained 
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by the Secretary from the public about the section 
and implementing regulations; and 
(2) such recommendations as the Secretary con-
siders appropriate concerning the procedures re-
quired by section 501. 
(c) ASSESSMENTS.— 
(1) IN GENERAL.—Not later than January 31 
of each year, the Secretary shall submit to Congress 
a report on the assessment conducted under sub-
section (a) during the preceding year. 
(2) CONTENTS.—Each report shall include the 
results of the assessment covered by the report, to-
gether with such findings and recommendations as 
the Secretary considers appropriate. 
TITLE VI—ADMINISTRATIVE 
PROVISIONS 
Subtitle A—Personnel Provisions 
SEC. 601. OFFICERS AND EMPLOYEES. 
(a) AUTHORITY OF SECRETARY TO APPOINT AND 
FIX COMPENSATION.—Except as otherwise provided in 
this section, the Secretary may appoint and fix the com-
pensation of such officers and employees, including attor-
neys, as the Secretary determines necessary to carry out 
the functions of the Department in accordance with chap-
ters 33 and 53 of title 5, United States Code. 
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(b) APPOINTMENT
OF SCIENTIFIC, ENGINEERING, 
AND OTHER PERSONNEL.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary may— 
(A) appoint not more than 311 scientific, 
engineering, professional, and administrative 
personnel of the Department without regard to 
the provisions of chapter 33 of title 5, United 
States Code, governing appointments in the 
competitive service; and 
(B) fix the compensation of those per-
sonnel at an amount not to exceed the max-
imum rate payable for GS–18 of the General 
Schedule under section 5332 of title 5, United 
States Code. 
(2) TERMINATION
OF
AUTHORITY.—The au-
thority of the Secretary under paragraph (1) shall 
terminate on the later of— 
(A) the date on which an individual who is 
appointed under paragraph (1) leaves that posi-
tion; or 
(B) the date that is 4 years after the date 
of enactment of this Act. 
(c) OTHER POSITIONS ABOVE GS–15.— 
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(1) IN GENERAL.—Subject to the provisions of 
chapter 51 of title 5, United States Code, but not-
withstanding section 3324 of title 5, United States 
Code, the Secretary may classify not more than 178 
positions of the Department as GS–16, GS–17, or 
GS–18 without the approval by the Civil Service 
Commission. 
(2) APPROVAL
BY
CIVIL
SERVICE
COMMIS-
SION.—Appointments under this subsection may be 
made without regard to section 3324 of title 5, 
United States Code, if the individual placed in the 
position— 
(A) is transferred to the Department in 
connection with a transfer of functions under 
this Act; and 
(B) immediately prior to the effective date 
of this Act, held a position and duties com-
parable to those required by the new position. 
(3) TERMINATION
OF
AUTHORITY.—The au-
thority of the Secretary under this subsection with 
respect to any position shall terminate on the date 
on which the first individual who is appointed under 
paragraph (1) leaves that position. 
(d) APPOINTMENT OF ADDITIONAL SCIENTIFIC, EN-
GINEERING, AND OTHER PERSONNEL.—In addition to the 
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number of positions that may be classified above GS–15 
under section 5108 of title 5, United States Code, the Sec-
retary may— 
(1) appoint not more than 200 scientific, engi-
neering, professional, and administrative personnel 
without regard to the provisions of chapter 33 of 
title 5, United States Code; and 
(2) fix the compensation of those personnel in 
an amount not to exceed the maximum rate payable 
for GS–18 of the General Schedule under section 
5332 of title 5, United States Code. 
(e) MAXIMUM NUMBER OF POSITIONS.—Of the posi-
tions described in subsections (b) and (c) and classified 
above GS–15 under section 5108(a) of title 5, United 
States Code— 
(1) 63 percent shall be GS–16 positions; 
(2) 25 percent shall be GS–17 positions; and 
(3) 12 percent shall be GS–18 positions. 
(f) INTELLIGENCE POSITIONS.—All individuals ap-
pointed to positions in the Department that the Secretary 
determines to be devoted to intelligence and intelligence- 
related activities of the Federal Government are excepted 
from the competitive service provisions of chapter 33 of 
title 5, United States Code while employed in those posi-
tions. 
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SEC. 602. SENIOR POSITIONS. 
In addition to the positions created by title II, there 
shall be within the Department 14 additional officers in 
positions authorized by section 5316 of title 5, United 
States Code, which shall be filled by individuals appointed 
by the Secretary who shall perform such functions as the 
Secretary shall prescribe from time to time. 
SEC. 603. EXPERTS AND CONSULTANTS. 
The Secretary may obtain services authorized by sec-
tion 3109 of title 5, United States Code, at rates not to 
exceed the daily rate prescribed for grade GS–18 of the 
General Schedule under section 5332 of title 5, United 
States Code, for persons employed intermittently in Gov-
ernment service. 
SEC. 604. ADVISORY COMMITTEES. 
(a) IN GENERAL.—The Secretary may establish in 
accordance with the Federal Advisory Committee Act (5 
U.S.C. App.) such advisory committees as the Secretary 
determines necessary to assist in the performance of the 
duties of the Secretary. 
(b) TRAVEL EXPENSES.—Members of an advisory 
committee established under subsection (a), other than 
full-time employees of the Federal Government, may be 
allowed travel expenses, including per diem in lieu of sub-
sistence, as authorized by section 5703 of title 5, United 
States Code, while attending meetings of the advisory 
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committee or otherwise serving at the request of the Sec-
retary away from the homes or places of business of the 
members. 
Subtitle B—General Administrative 
Provisions 
SEC. 611. GENERAL AUTHORITY. 
To the extent appropriate to perform any function 
transferred by this Act, the Secretary or any officer or 
employee of the Department may exercise, in carrying out 
the function so transferred, any authority available by law 
(including appropriations Acts) to the official or agency 
from which the function was transferred. 
SEC. 612. DELEGATION. 
Except as otherwise expressly prohibited by law, and 
except as otherwise provided in this Act, the Secretary 
may, as the Secretary determines to be appropriate— 
(1) delegate any functions to officers or employ-
ees of the Department; and 
(2) authorize successive redelegations of func-
tions within the Department. 
SEC. 613. REORGANIZATION. 
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary may establish, alter, consolidate, or discontinue 
such organizational units or components within the De-
partment as the Secretary determines to be appropriate. 
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(b) LIMITATIONS.— 
(1) IN GENERAL.—The authority of the Sec-
retary under subsection (a) shall not extend to— 
(A) the abolition of any organizational unit 
or component established by this Act; or 
(B) the transfer of any function vested by 
this Act in any organizational unit or compo-
nent. 
(2) NATIONAL
NUCLEAR
SECURITY
ADMINIS-
TRATION.—The authority of the Secretary under 
subsection (a) shall not apply to the National Nu-
clear Security Administration. 
SEC. 614. RULES. 
The Secretary may promulgate such procedural and 
administrative regulations as the Secretary determines to 
be appropriate to administer and manage the functions of 
the Secretary under this Act. 
SEC. 615. SUBPOENA. 
(a) IN GENERAL.—For the purpose of carrying out 
this Act, the Secretary (or a designee) shall have the same 
powers and authorities as the Federal Trade Commission 
under section 9 of the Federal Trade Commission Act (15 
U.S.C. 49) with respect to all functions vested in, or trans-
ferred or delegated to, the Secretary by this Act. 
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(b) NATURAL GAS.—For purposes of carrying out the 
responsibilities of the Federal Trade Commission under 
the Natural Gas Policy Act of 1978 (15 U.S.C. 3301 et 
seq.), the Commission shall have the same powers and au-
thority as the Secretary has under this section. 
SEC. 616. CONTRACTS. 
(a) IN GENERAL.—The Secretary may enter into and 
perform such contracts, leases, cooperative agreements, or 
other similar transactions with public agencies, private or-
ganizations, and individuals, and make such payments (in 
lump sum or installments, and by way of advance or reim-
bursement), as the Secretary determines to be appropriate 
to carry out the functions under this Act. 
(b) LIMITATION ON AUTHORITY.—Notwithstanding 
any other provision of this title, no authority to enter into 
contracts or to make payments under this title shall be 
effective except to such extent or in such amounts as are 
provided in advance in appropriations Acts. 
(c) LEASING OF EXCESS DEPARTMENT PROPERTY.— 
The Secretary may lease, in accordance with such terms 
and conditions the Secretary considers to be appropriate 
to promote national security or the public interest, any 
acquired real property and related personal property 
that— 
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(1) is located at a facility of the Department to 
be closed or reconfigured; 
(2) at the time the lease is entered into, is not 
needed by the Department; and 
(3) is under the control of the Department. 
(d) TERMS OF LEASE.— 
(1) IN GENERAL.—A lease entered into under 
subsection (c) shall be for a term of not more than 
10 years, except that the Secretary may enter into 
a lease that includes an option to renew for a term 
of more than 10 years if the Secretary determines 
that entering into such a lease will promote the na-
tional security or be in the public interest. 
(2) CONSIDERATION.— 
(A) IN
GENERAL.—A lease entered into 
under subsection (c) may provide for the pay-
ment (in cash or in-kind) by the lessee of con-
sideration in an amount that is less than the 
fair market rental value of the leasehold inter-
est. 
(B) SERVICES.—Services relating to the 
protection and maintenance of the leased prop-
erty may constitute all or part of the consider-
ation under this paragraph. 
(e) ENVIRONMENTAL CONCERNS.— 
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(1) IN GENERAL.—Subject to paragraph (2), 
before entering into a lease under subsection (c), the 
Secretary shall consult with, and obtain the concur-
rence of, the appropriate State official (with respect 
to property located on a site that is not listed on the 
National Priorities List) to determine whether the 
environmental conditions of the property are such 
that leasing the property, and the terms and condi-
tions of the lease agreement, are consistent with 
safety and the protection of public health and the 
environment. 
(2) FAILURE TO OBTAIN CONCURRENCE.—The 
Secretary may enter into a lease under subsection 
(c) without obtaining the concurrence of the appro-
priate State official under paragraph (1) if, by the 
date that 60 days after the date on which the Sec-
retary requests the concurrence, the appropriate 
State official fails to submit to the Secretary a no-
tice of concurrence with, or rejection of, the deter-
mination. 
(f) RENTALS.— 
(1) RETENTION.— 
(A) IN GENERAL.—To the extent provided 
in advance in appropriations Acts, the Sec-
retary may retain and use money received by 
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the Secretary directly from a lease entered into 
under subsection (c) in any amount the Sec-
retary considers to be necessary to cover the ad-
ministrative expenses of the lease, the mainte-
nance and repair of the leased property, or en-
vironmental restoration activities at the facility 
at which the leased property is located. 
(B) 
TREATMENT.—Amounts 
retained 
under this subsection shall be retained in a sep-
arate account established in the Treasury for 
that purpose. 
(2) REPORT.—The Secretary shall submit to 
Congress annual reports on the amounts retained 
and used under this subsection. 
(g) ADDITIONAL AUTHORITIES.— 
(1) IN
GENERAL.—In addition to authority 
granted to the Secretary under any other provision 
of law, the Secretary may exercise the same author-
ity to enter into transactions (other than contracts, 
cooperative agreements, and grants), subject to the 
same terms and conditions, as the Secretary of De-
fense under section 2371 of title 10, United States 
Code (other than subsections (b) and (f) of that sec-
tion). 
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(2) APPLICATION OF TERMS.—In applying sec-
tion 2371 of title 10, United States Code, to the 
Secretary under paragraph (1)— 
(A) the term ‘‘basic’’ shall be replaced by 
the term ‘‘research’’; 
(B) the term ‘‘applied’’ shall be replaced 
by the term ‘‘development’’; and 
(C) 
the 
terms 
‘‘advanced 
research 
projects’’ and ‘‘advanced research’’ shall be re-
placed by the term ‘‘demonstration projects’’. 
(3) RELATIONSHIP
TO
OTHER
PROVISIONS.— 
The authority of the Secretary under paragraph (1) 
shall not be subject to— 
(A) section 9 of the Federal Nonnuclear 
Energy Research and Development Act of 1974 
(42 U.S.C. 5908); or 
(B) section 152 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2182). 
(4) COMPETITIVE, MERIT-BASED
SELECTION 
PROCEDURES.— 
(A) IN GENERAL.—The Secretary shall use 
such competitive, merit-based selection proce-
dures in entering into transactions under para-
graph (1) as the Secretary determines in writ-
ing to be practicable. 
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(B) LIMITATION.—A transaction under 
paragraph (1) shall relate to a research, devel-
opment, or demonstration project only if the 
Secretary determines in writing that the use of 
a standard contract, grant, or cooperative 
agreement for the project is not feasible or ap-
propriate. 
(5) DISCLOSURE.—The Secretary may protect 
from disclosure, for up to 5 years after the date on 
which the information is developed, any information 
developed pursuant to a transaction under para-
graph (1) that would be protected from disclosure 
under section 552(b)(4) of title 5, United States 
Code, if obtained from an individual or entity other 
than a Federal agency. 
(6) GUIDELINES.— 
(A) IN
GENERAL.—The Secretary shall 
issue guidelines for transactions under para-
graph (1). 
(B) PUBLICATION.—The guidelines under 
subparagraph (A) shall be published in the Fed-
eral Register for public comment in accordance 
with rulemaking procedures of the Department. 
(C) AUTHORITY.—The Secretary shall not 
have authority to carry out transactions under 
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paragraph (1) until the guidelines for trans-
actions required under subparagraph (A) are 
final. 
(7) ANNUAL
REPORT.—The Secretary shall 
submit to Congress the annual report required under 
section 2371(h) of title 10, United States Code. 
(8) DELEGATION.—The authority of the Sec-
retary under this subsection may be delegated only 
to an officer of the Department who is appointed by 
the President by and with the advice and consent of 
the Senate. 
(9) TERMINATION.—Notwithstanding any other 
provision of law, the authority to enter into trans-
actions under paragraph (1) shall terminate on Sep-
tember 30, 2016. 
SEC. 617. ACQUISITION AND MAINTENANCE OF PROPERTY. 
The Secretary may— 
(1) acquire (by purchase, lease, condemnation, 
or otherwise), construct, improve, repair, operate, 
and maintain laboratories, research and testing sites 
and facilities, quarters and related accommodations 
for employees and dependents of employees of the 
Department, personal property (including patents), 
or any interest in property, as the Secretary deter-
mines to be necessary; and 
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(2) provide, by contract or otherwise, for eating 
facilities and other necessary facilities for the health 
and welfare of employees of the Department at in-
stallations (including through the purchase and 
maintenance of appropriate equipment). 
SEC. 618. FACILITIES CONSTRUCTION. 
(a) IN GENERAL.—As necessary and when not other-
wise available, the Secretary may provide for, construct, 
or maintain the following for employees and dependents 
stationed at remote locations: 
(1) Emergency medical services and supplies. 
(2) Food and other subsistence supplies. 
(3) Messing facilities. 
(4) Audiovisual equipment, accessories, and 
supplies for recreation and training. 
(5) Reimbursement for food, clothing, medicine, 
and other supplies furnished by those employees in 
emergencies for the temporary relief of distressed in-
dividuals. 
(6) Living and working quarters and facilities. 
(7) Transportation of school-aged dependents of 
employees to the nearest appropriate educational fa-
cilities. 
(b) PRICING.—The furnishing of medical treatment 
under subsection (a)(1) and the furnishing of services and 
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supplies under paragraphs (2) and (3) of subsection (a) 
shall be at prices reflecting reasonable value, as deter-
mined by the Secretary. 
(c) TREATMENT.— 
(1) IN
GENERAL.—Proceeds from reimburse-
ments under this section— 
(A) shall be deposited in the Treasury; and 
(B) may be withdrawn by the Secretary— 
(i) to pay directly the cost of work or 
services; 
(ii) to repay or make advances to ap-
propriations of funds that will initially bear 
all or a part of that cost; or 
(iii) to refund excess sums when nec-
essary. 
(2) CREDITING TO FUNDS.—A payment by the 
Secretary under paragraph (1)(B) may be credited 
to a working capital fund otherwise established by 
law, including the fund established pursuant to sec-
tion 622, and used under the law governing the 
fund, if the fund is available for use by the Depart-
ment for performing the work or services for which 
payment is received. 
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SEC. 619. USE OF FACILITIES. 
(a) IN GENERAL.—On the consent of the Federal 
Government or the government of any foreign country, 
State, the District of Columbia, the Commonwealth of 
Puerto Rico, or any territory or possession of the United 
States, with or without reimbursement, the Secretary and 
the Federal Energy Regulatory Commission may use the 
research, equipment, and facilities of such a government 
(or political subdivision) in carrying out the functions 
under this Act. 
(b) USE OF PROPERTY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), in carrying out this Act, the Secretary 
may permit the use by public and private individuals 
and entities of any real property, facility, structure, 
or improvement under the jurisdiction of the Sec-
retary for purposes of the Department, under such 
terms and at such rates as the Secretary determines 
to be appropriate, for a period of not more than 5 
years. 
(2) RECONDITIONING
AND
MAINTENANCE.— 
The Secretary may require any individual or entity 
to which a permit is provided under this subsection 
to recondition and maintain, at the expense of the 
individual or entity, the real property, facilities, 
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structures, and improvements involved to a satisfac-
tory standard. 
(3) EXCEPTION.—This subsection shall not 
apply to excess property (as defined in section 102 
of title 40, United States Code). 
(c) PROCEEDS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the proceeds from reimbursements under 
this section— 
(A) shall be deposited in the Treasury; and 
(B) may be withdrawn by the Secretary or 
the head of another appropriate Federal depart-
ment or agency— 
(i) to pay directly the costs of the 
equipment and facilities provided; 
(ii) to repay or make advances to ap-
propriations or funds that do or will ini-
tially bear all or a part of those costs; or 
(iii) to refund excess sums as nec-
essary. 
(2) EXCEPTION.—The proceeds described in 
paragraph (1) may be credited to a working capital 
fund otherwise established by law (including the 
fund established pursuant to section 622) and used 
in accordance the laws governing that fund, if the 
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fund is available for use for providing the equipment 
or facilities involved. 
SEC. 620. FIELD OFFICES. 
The Secretary may establish, alter, consolidate, or 
discontinue to maintain such State, regional, district, 
local, or other field offices as the Secretary determines to 
be necessary to carry out this Act. 
SEC. 621. COPYRIGHTS. 
The Secretary may acquire any of the following de-
scribed rights if the property so acquired is for use by 
or for, or useful to, the Department: 
(1) Copyrights, patents, and applications for 
patents, designs, processes, and manufacturing data. 
(2) Licenses under copyrights, patents, and ap-
plications for patents. 
(3) Releases, before suit is brought, for past in-
fringement of patents or copyrights. 
SEC. 622. CAPITAL FUND. 
(a) ESTABLISHMENT.—The Secretary may establish 
a working capital fund, to be available without fiscal year 
limitation, for expenses necessary for the maintenance and 
operation of such common administrative services as the 
Secretary determines to be appropriate in the interests of 
economy and efficiency, including services such as— 
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(1) a central supply service for stationery and 
other supplies and equipment for which adequate 
stocks may be maintained to meet in whole or in 
part the requirements of the Department; 
(2) central messenger, mail, telephone, and 
other communications services; 
(3) office space and central services for docu-
ment reproduction, graphics, and visual aids; and 
(4) a central library service. 
(b) TRANSFERS.—The capital of the fund shall con-
sist of— 
(1) any appropriations made for the purpose of 
providing capital; and 
(2) the fair and reasonable value of such stocks 
of supplies, equipment, and other assets and inven-
tories on order as the Secretary may transfer to the 
fund, less the related liabilities and unpaid obliga-
tions. 
(c) REIMBURSEMENT.—Amounts in the fund shall be 
reimbursed in advance from available funds of agencies 
and offices in the Department, or from other sources, for 
supplies and services at rates that approximate the ex-
pense of operation, including the accrual of annual leave 
and the depreciation of equipment. 
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(d) CREDITS.—The fund shall be credited with re-
ceipts— 
(1) from sale or exchange of property; and 
(2) in payment for loss or damage to property 
owned by the fund. 
(e) SURPLUS AMOUNTS.—There shall be covered into 
the Treasury as miscellaneous receipts any surplus 
amounts in the fund (all assets, liabilities, and prior losses 
considered), in excess of the amounts transferred or ap-
propriated to establish and maintain the fund. 
SEC. 623. SEAL OF DEPARTMENT. 
(a) IN GENERAL.—The Secretary shall cause a seal 
of office to be made for the Department. 
(b) JUDICIAL NOTICE.—Judicial notice shall be 
taken of the seal under this section. 
SEC. 624. REGIONAL ENERGY ADVISORY BOARDS. 
(a) IN GENERAL.—The Governors of the States in 
each region may establish 1 regional energy advisory 
board for each region, to include such membership as the 
Governors determine to be appropriate. 
(b) OBSERVERS.— 
(1) IN GENERAL.—The following officials (or a 
designee) may participate as observers in the delib-
erations of any board established under subsection 
(a): 
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(A) The Secretary. 
(B) The Secretary of Commerce. 
(C) The Secretary of the Interior. 
(D) The Chairman of the Council on Envi-
ronmental Quality. 
(E) The Commandant of the Coast Guard. 
(2) OTHER
COMMISSIONS.—The Federal co-
chairperson of the Appalachian Regional Commis-
sion or any regional commission under title V of the 
Public Works and Economic Development Act of 
1965 (42 U.S.C. 3191 et seq.) may participate as an 
observer in the deliberations of any board estab-
lished under subsection (a) that includes one or 
more States that are members of the regional com-
mission. 
(c) RECOMMENDATIONS.— 
(1) IN
GENERAL.—Each board established 
under subsection (a) may make such recommenda-
tions as are appropriate to programs of the Depart-
ment having a direct effect on the region of the 
board. 
(2) FAILURE TO ADOPT.—If a board makes a 
specific recommendation under paragraph (1) that is 
not adopted in the implementation of a program de-
scribed in that paragraph, the Secretary shall notify 
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the Board in writing of the reasons for not adopting 
the recommendation. 
SEC. 625. DESIGNATION OF CONSERVATION OFFICERS. 
(a) DESIGNATION.—The Secretary of Defense, the 
Secretary of Commerce, the Secretary of Housing and 
Urban Development, the Secretary of Transportation, the 
Secretary of Agriculture, the Secretary of the Interior, the 
head of the United States Postal Service, and the Admin-
istrator of General Services shall each designate 1 Assist-
ant Secretary or Assistant Administrator, as applicable, 
as the principal conservation officer of the respective de-
partment or agency. 
(b) DUTIES.—A principal conservation officer des-
ignated under subsection (a) shall be principally respon-
sible for— 
(1) the planning and implementation of energy 
conservation programs by the applicable department 
or agency; and 
(2) coordination with the Department with re-
spect to energy matters. 
(c) PUBLICATION.— 
(1) IN GENERAL.—Each department and agen-
cy described in subsection (a) shall periodically in-
form the Secretary of the identity of the relevant 
conservation officer. 
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(2) LIST.—The Secretary shall periodically pub-
lish a list identifying conservation officers under this 
section, based on the information provided under 
paragraph (1). 
SEC. 626. ANNUAL REPORT. 
(a) IN GENERAL.—As soon as practicable after the 
end of each fiscal year commencing with the first complete 
fiscal year following the date of enactment of this Act, the 
Secretary shall submit to the President, for inclusion in 
a report to Congress, a report on the activities of the De-
partment during the preceding fiscal year. 
(b) INCLUSIONS.—Each report under subsection (a) 
shall include— 
(1) a statement of the goals, priorities, and 
plans of the Secretary for the Department, together 
with an assessment of the progress made toward— 
(A) the attainment of those goals; 
(B) the effective and efficient management 
of the Department; and 
(C) progress made in coordination of de-
partmental functions with other Federal depart-
ments and agencies; 
(2) the information required by— 
(A) section 15 of the Federal Energy Ad-
ministration Act of 1974 (15 U.S.C. 774); 
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100 
(B) section 365(c) of the Energy Policy 
and Conservation Act (42 U.S.C. 6325(c)); 
(C) section 304(c) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10224(c)); 
(D) section 307 of the Energy Reorganiza-
tion Act of 1974 (42 U.S.C. 5877); and 
(E) section 15 of the Federal Nonnuclear 
Energy Research and Development Act of 1974 
(42 U.S.C. 5914); 
(3) the projected energy needs of the United 
States to meet the requirements of the general wel-
fare of the residents and the commercial and indus-
trial entities of the United States, including a com-
prehensive summary of data pertaining to all fuel 
and energy needs of residents of the United States 
residing in— 
(A) areas outside standard metropolitan 
statistical areas; and 
(B) areas within such areas that are unin-
corporated or rural areas, as specified by the 
Bureau of the Census; 
(4) an estimate of— 
(A) the domestic and foreign energy supply 
on which the United States will be expected to 
rely to meet those needs in an economic man-
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101 
ner, with due regard for the protection of the 
environment, the conservation of natural re-
sources, and the implementation of foreign pol-
icy objectives; and 
(B) the quantities of energy expected to be 
provided by different sources (including petro-
leum, natural and synthetic gases, coal, ura-
nium, hydroelectric, solar, and other means) 
and the expected means of obtaining those 
quantities; 
(5) current and foreseeable trends in the price, 
quality, management, and use of energy resources 
and the effects of those trends on the social, envi-
ronmental, economic, and other requirements of the 
United States; 
(6) a summary of research and development ef-
forts funded by the Federal Government to develop 
new technologies, to forestall energy shortages, to re-
duce waste, to foster recycling, to encourage con-
servation practices, and to increase efficiency, in-
cluding a description of the activities carried out by 
the Department in support of environmental, social, 
economic, institutional, biomedical, physical, and 
safety research, development, demonstration, and 
monitoring activities necessary to guarantee that 
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102 
technological programs funded by the Department 
are carried out in a manner that is capable of— 
(A) maintaining or improving the quality 
of the environment; and 
(B) mitigating any undesirable environ-
mental and safety impacts; 
(7) a review and appraisal of the adequacy and 
appropriateness of technologies, procedures, and 
practices (including competitive and regulatory prac-
tices) employed by the Federal Government or State 
and local governments and nongovernmental entities 
to achieve the purposes of this Act; 
(8) a summary of cooperative and voluntary ef-
forts that have been mobilized to promote conserva-
tion and recycling, together with plans for such ef-
forts during the succeeding fiscal year, and rec-
ommendations for changes in laws and regulations 
needed to encourage more conservation and recycling 
by all segments of the United States; 
(9) a summary of substantive measures taken 
by the Department— 
(A) to stimulate and encourage the devel-
opment of new manpower resources through in-
stitutions of higher education in the United 
States; and 
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103 
(B) to involve those institutions in the exe-
cution of the research and development pro-
grams of the Department; and 
(10) to the maximum extent practicable, a sum-
mary of activities in the United States by individuals 
or entities that are foreign-owned or -controlled and 
that own or control United States energy sources 
and supplies, including the magnitude of annual for-
eign direct investment in the energy sector in the 
United States and exports of energy resources from 
the United States by foreign-owned or -controlled in-
dividuals or entities, and such other related matters 
as the Secretary determines to be appropriate. 
SEC. 627. TRANSFER OF FUNDS. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the Secretary, as authorized in an appropriations Act, 
may transfer for any fiscal year funds from 1 appropria-
tion to another within the Department. 
(b) EXCEPTION.—No appropriation shall be in-
creased or decreased pursuant to this section by more than 
5 percent of the appropriation for the applicable fiscal 
year. 
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104 
SEC. 628. GUARDS FOR STRATEGIC PETROLEUM RESERVE 
FACILITIES. 
In accordance with guidelines prescribed by the Sec-
retary, in concurrence with the Attorney General, employ-
ees of the Department and employees of contractors and 
subcontractors (at any tier) of the Department, in car-
rying out the official duties of protecting the Strategic Pe-
troleum Reserve or a storage or related facility, or of pro-
tecting individuals relating to the Strategic Petroleum Re-
serve or a storage or related facility, may— 
(1) carry firearms, if designated by the Sec-
retary and qualified for the use of firearms under 
the guidelines; and 
(2) arrest without warrant any individual for an 
offense against the United States— 
(A) in the case of a felony, if the employee 
has reasonable grounds to believe that the indi-
vidual— 
(i) has committed or is committing a 
felony; and 
(ii) is in, or is fleeing from, the imme-
diate area of the felony; and 
(B) in the case of a felony or mis-
demeanor, if the violation is committed in the 
presence of the employee. 
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105 
SEC. 629. TRESPASS ON STRATEGIC PETROLEUM RESERVE 
FACILITIES. 
(a) REGULATIONS.— 
(1) IN GENERAL.—The Secretary may promul-
gate regulations relating to the entry on, or car-
rying, transporting, or otherwise introducing or 
causing to be introduced any dangerous weapon, ex-
plosive, or other dangerous instrument or material 
likely to produce substantial injury or damage to in-
dividuals or property into or onto, the Strategic Pe-
troleum Reserve, a storage or related facility, or real 
property subject to the jurisdiction or administra-
tion, or in the custody, of the Secretary under part 
B of title I of the Energy Policy and Conservation 
Act (42 U.S.C. 6231 et seq.). 
(2) NOTICE.—The Secretary shall post con-
spicuously on any property subject to the regulations 
under paragraph (1) a notification that the property 
is subject to the regulations. 
(b) VIOLATORS.—Any individual who willfully vio-
lates a regulation of the Secretary promulgated pursuant 
to subsection (a) shall be— 
(1) guilty of a misdemeanor; and 
(2) punished on conviction by a fine of not 
more than $5,000, imprisonment for not more than 
1 year, or both. 
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106 
SEC. 630. ANNUAL ASSESSMENT AND REPORT ON VULNER-
ABILITY OF FACILITIES TO TERRORIST AT-
TACK. 
(a) IN GENERAL.—Not less frequently than once 
each year, the Secretary shall conduct a comprehensive as-
sessment of the vulnerability of Department facilities to 
a terrorist attack. 
(b) REPORTS.—Not later than January 31, 2013, 
and annually thereafter, the Secretary shall submit to 
Congress a report on the assessment conducted under sub-
section (a) for the preceding calendar year, including the 
results of the assessment, together with such findings and 
recommendations as the Secretary considers to be appro-
priate. 
TITLE VII—TRANSITIONAL, SAV-
INGS, 
AND 
CONFORMING 
PROVISIONS 
SEC. 701. TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, the personnel employed in connection with, and 
the assets, liabilities, contracts, property, records, and un-
expended balance of appropriations authorizations, alloca-
tions, and other funds employed, held, used, arising from, 
available to, or to be made available in connection with 
the functions transferred by this Act, subject to section 
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107 
1531 of title 31, United States Code, are transferred to 
the Secretary for appropriate allocation. 
(b) USE
OF UNEXPENDED FUNDS.—Unexpended 
funds transferred pursuant to subsection (a) shall only be 
used for the purposes for which the funds were originally 
authorized and appropriated. 
(c) SPECIFIC POSITIONS.—Positions expressly speci-
fied by statute or reorganization plan to carry out func-
tions transferred by this Act, personnel occupying those 
positions on the effective date of this Act, and personnel 
authorized to receive compensation in those positions at 
the rate prescribed for offices and positions at level I, II, 
III, IV, or V of the Executive Schedule under subchapter 
II of chapter 53 of title 5, United States Code, on the 
effective date of this Act, shall be subject to section 703. 
SEC. 702. EFFECT ON PERSONNEL. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act or by the Secretary, the transfer pursuant to this 
title of full-time personnel (except special Government em-
ployees) and part-time personnel holding permanent posi-
tions pursuant to this title shall not cause any such em-
ployee to be separated or reduced in grade or compensa-
tion for 1 year after the date of enactment of this Act. 
(b) COMPENSATION.—Any person who, on the effec-
tive date of this Act, holds a position compensated in ac-
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108 
cordance with the Executive Schedule prescribed in chap-
ter 53 of title 5, United States Code, and who, without 
a break in service, is appointed in the Department to a 
position having duties comparable to the duties performed 
immediately preceding the appointment shall continue to 
be compensated in the new position at not less than the 
rate provided for the previous position, for the duration 
of service in the new position. 
(c) REEMPLOYMENT RIGHTS.— 
(1) IN GENERAL.—An employee transferred to 
the Department who holds reemployment rights ac-
quired under any provision of law or regulation may 
exercise those rights only during the latter of— 
(A) the 120-day period beginning on the 
effective date of this Act; or 
(B) the 2-year period beginning on the 
date on which the employee acquired the reem-
ployment rights. 
(2) REQUIREMENT.—Reemployment rights may 
only be exercised at the request of the employee. 
SEC. 703. AGENCY TERMINATIONS. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, whenever all of the functions vested by law in 
any agency, commission, or other body, or any component 
of an agency, commission, or other body, have been termi-
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109 
nated or transferred from that agency, commission, or 
other body, or component by this Act, the agency, commis-
sion, or other body, or component, shall terminate. 
(b) TERMINATION OF POSITIONS AND OFFICES.—If 
an agency, commission, or other body, or any component 
of an agency, commission, or other body, terminates pur-
suant to subsection (a), each position and office within 
the agency, commission, or other body, or component, that 
was expressly authorized by law, or the incumbent of 
which was authorized to receive compensation at the rates 
prescribed for an office or position at level II, III, IV, or 
V of the Executive Schedule under subchapter II of chap-
ter 53 of title 5, United States Code, shall terminate. 
SEC. 704. INCIDENTAL TRANSFERS. 
The Director of the Office of Management and Budg-
et, in consultation with the Secretary and the Commission, 
shall make such determinations as may be necessary with 
regard to the transfer of functions that relate to or are 
used by an agency, commission or other body, or compo-
nent of an agency, commission, or other body, affected by 
this Act, to make such additional incidental dispositions 
of personnel, assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, au-
thorizations, allocations, and other funds held, used, aris-
ing from, available to, or to be made available in connec-
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tion with the functions transferred by this Act, as the Di-
rector considers necessary to accomplish the purposes of 
this Act. 
SEC. 705. SAVINGS PROVISIONS. 
(a) ORDERS TO REMAIN IN EFFECT.— 
(1) IN GENERAL.—All orders, determinations, 
rules, regulations, permits, contracts, certificates, li-
censes, and privileges described in paragraph (2) 
shall continue in effect according to their respective 
terms until modified, terminated, superseded, set 
aside, or revoked in accordance with law by the 
President, the Secretary, the Commission, or other 
authorized officials, a court of competent jurisdic-
tion, or by operation of law. 
(2) SPECIFICATION.—Paragraph (1) applies to 
all orders, determinations, rules, regulations, per-
mits, contracts, certificates, licenses, and privileges 
that— 
(A) have been issued, made, granted, or al-
lowed to become effective by the President, any 
Federal department or agency, official of a Fed-
eral department or agency, or by a court of 
competent jurisdiction, in the performance of 
functions that are transferred under this Act to 
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111 
the Department or the Commission after the 
date of enactment of this Act; and 
(B) are in effect on the date on which this 
Act takes effect. 
(b) PENDING PROCEEDINGS.— 
(1) IN GENERAL.—This Act shall not affect any 
proceedings or any application for any license, per-
mit, certificate, or financial assistance pending be-
fore any department, agency, commission, or compo-
nent of a department, agency, or commission, func-
tions of which are transferred by this Act on the 
date on which this Act takes effect. 
(2) CONTINUATION.— 
(A) IN GENERAL.—To the extent that pro-
ceedings and applications described in para-
graph (1) relate to functions transferred by this 
Act— 
(i) the proceedings and applications 
shall be continued; and 
(ii) orders shall be issued, appeals 
shall be taken, and payments shall be 
made pursuant to the orders, as if this Act 
had not been enacted. 
(B) EFFECT.—Orders issued in any pro-
ceeding continued under this paragraph shall 
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112 
continue in effect until modified, terminated, 
superseded, or revoked by— 
(i) a duly authorized official; 
(ii) a court of competent jurisdiction; 
or 
(iii) operation of law. 
(C) 
DISCONTINUANCE
OR
MODIFICA-
TION.—Nothing in this subsection prohibits the 
discontinuance or modification of any pro-
ceeding described in paragraph (1) under the 
same terms and conditions and to the same ex-
tent that the proceeding could have been dis-
continued or modified if this Act had not been 
enacted. 
(3) REGULATIONS.—The Secretary and the 
Commission may promulgate regulations providing 
for the orderly transfer of proceedings described in 
paragraph (1) to the Department or the Commis-
sion. 
(c) PENDING SUITS.— 
(1) IN GENERAL.—Except as provided in para-
graph (3)— 
(A) this Act shall not affect suits com-
menced prior to the effective date of this Act; 
and 
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113 
(B) in all suits described in subparagraph 
(A), proceedings shall be had, appeals taken, 
and judgments rendered in the same manner 
and effect as if this Act had not been enacted. 
(2) SUITS BY AND AGAINST OFFICERS IN OFFI-
CIAL
CAPACITY
AND
DEPARTMENTS
AND
AGEN-
CIES.— 
(A) OFFICES.—No suit, action, or other 
proceeding commenced by or against any officer 
in the official capacity of the officer as an offi-
cer of any department or agency, functions of 
which are transferred by this Act, shall abate 
by reason of the enactment of this Act. 
(B) DEPARTMENTS
AND
AGENCIES.—No 
cause of action by or against any department or 
agency, functions of which are transferred by 
this Act, or by or against any officer of a de-
partment or agency in the official capacity of 
the officer, shall abate by reason of the enact-
ment of this Act. 
(3) TRANSFER.—If, before the effective date of 
this Act, any department or agency, or officer of a 
department or agency in the official capacity of the 
officer, is a party to a suit, and under this Act any 
function of the department, agency, or officer is 
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114 
transferred to the Secretary or any other official, 
then the suit shall be continued with the Secretary 
or other official, as applicable, substituted. 
SEC. 706. REFERENCE. 
With respect to any functions transferred by this Act 
and exercised after the effective date of this Act, reference 
in any other Federal law to any department, commission, 
or agency or any officer or office the functions of which 
are so transferred shall be deemed to refer to the Sec-
retary, the Commission, or other official or component of 
the Department in which this Act vests those functions. 
SEC. 707. PRESIDENTIAL AUTHORITY. 
Except as provided in title IV, nothing in this Act 
limits, curtails, abolishes, or terminates— 
(1) any function of, or authority available to, 
the President that the President had immediately 
before the effective date of this Act; or 
(2) the authority of the President to delegate, 
redelegate, or terminate any delegation of functions. 
SEC. 708. TRANSITION. 
With the consent of the appropriate department or 
agency head concerned, the Secretary may use the services 
of the officers, employees, and other personnel of the de-
partments and agencies from which functions have been 
transferred to the Secretary for such period of time as 
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115 
may reasonably be needed to facilitate the orderly transfer 
of functions under this Act. 
SEC. 709. ADMINISTRATIVE AMENDMENTS. 
(a) EXECUTIVE DEPARTMENTS.—Section 101 of title 
5, United States Code is amended by striking ‘‘Depart-
ment of Energy’’ and inserting ‘‘Department of Energy 
and the Environment’’. 
(b) LEVEL I.—Section 5312 of title 5, United States 
Code, is amended by striking ‘‘Secretary of Energy’’ and 
inserting ‘‘Secretary of Energy and the Environment’’. 
(c) LEVEL II.—Section 5313 of title 5, United States 
Code, is amended— 
(1) by striking ‘‘Deputy Secretary of Energy’’ 
and inserting ‘‘Deputy Secretary of Energy and the 
Environment’’; and 
(2) by striking ‘‘Administrator of the Environ-
mental Protection Agency.’’. 
(d) LEVEL III.—Section 5314 of title 5, United 
States Code, is amended by striking ‘‘Under Secretaries 
of Energy (3)’’ and inserting ‘‘Under Secretaries of En-
ergy and the Environment (4)’’. 
(e) LEVEL IV.—Section 5315 of title 5, United 
States Code, is amended— 
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116 
(1) by striking ‘‘Assistant Secretaries of Energy 
(8)’’ and inserting ‘‘Assistant Secretaries of Energy 
and the Environment (18)’’; 
(2) by striking ‘‘General Counsel of the Depart-
ment of Energy’’ and inserting ‘‘General Counsel of 
the Department of Energy and the Environment’’; 
(3) by striking ‘‘Administrator, Economic Regu-
latory Administration, Department of Energy.’’; 
(4) by striking ‘‘Administrator, Energy Infor-
mation Administration, Department of Energy.’’ and 
inserting ‘‘Administrator, Energy and Environment 
Information Administration, Department of Energy 
and the Environment.’’; 
(5) by striking ‘‘Director, Office of Indian En-
ergy Policy and Programs, Department of Energy’’; 
(6) by striking ‘‘Director, Office of Science, De-
partment of Energy.’’; 
(7) by striking ‘‘Assistant Administrator for 
Toxic Substances, Environmental Protection Agen-
cy.’’; 
(8) by striking ‘‘Assistant Administrator, Office 
of Solid Waste, Environmental Protection Agency.’’; 
(9) by striking ‘‘Assistant Administrators, En-
vironmental Protection Agency (8).’’; 
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117 
(10) by striking ‘‘Chief Financial Officer, De-
partment of Energy’’ and inserting ‘‘Chief Financial 
Officer, Department of Energy and the Environ-
ment’’; 
(11) by striking ‘‘Chief Financial Officer, Envi-
ronmental Protection Agency.’’; 
(12) by striking ‘‘Chief Information Officer, 
Department of Energy’’ and inserting ‘‘Chief Infor-
mation Officer, Department of Energy and the Envi-
ronment’’; and 
(13) by striking ‘‘Chief Information Officer, 
Environmental Protection Agency.’’. 
(f) LEVEL V.—Section 5316 of title 5, United States 
Code, is amended by striking ‘‘Additional Officers, De-
partment of Energy (14)’’ and inserting ‘‘Additional Offi-
cers, Department of Energy and the Environment (14)’’. 
SEC. 710. DIRECTOR OF OFFICE OF PERSONNEL MANAGE-
MENT REPORT. 
As soon as practicable but not later than 1 year after 
the effective date of this Act, the Director of Office of 
Personnel Management shall prepare and submit to Con-
gress a report on the effects on employees of the reorga-
nization under this Act, which shall include— 
(1) an identification of any position within the 
Department or elsewhere in the Executive branch 
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118 
that the Director considers unnecessary due to con-
solidation of functions under this Act; 
(2) a statement of the number of employees en-
titled to pay savings by reason of the reorganization 
under this Act; 
(3) a statement of the number of employees 
who are voluntarily or involuntarily separated by 
reason of the reorganization; 
(4) an estimate of the personnel costs associ-
ated with the reorganization; 
(5) the effects of the reorganization on labor 
management relations; and 
(6) such legislative and administrative rec-
ommendations for improvements in personnel man-
agement within the Department as the Director con-
siders necessary. 
SEC. 711. INVESTIGATIONS AND REPORTS ON DUPLICATIVE 
PROGRAMS AND ACTIVITIES. 
The Secretary shall— 
(1) conduct routine investigations to identify 
programs, offices, and initiatives with duplicative 
goals and activities within the Department; and 
(2) report annually to Congress on the findings 
from the investigations (including the cost of such 
duplication), including recommendations for consoli-
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119 
dation and elimination to reduce duplication and for 
specific rescissions. 
SEC. 712. ENVIRONMENTAL IMPACT STATEMENTS. 
The transfer of functions under titles III and IV shall 
not affect the validity of any draft environmental impact 
statement or similar analysis required under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and published before the effective date of this Act. 
SEC. 713. CONFORMING AMENDMENTS. 
The Department of Energy Organization Act (42 
U.S.C. 7101 et seq.) is repealed. 
TITLE VIII—ENERGY PLANNING 
SEC. 801. NATIONAL ENERGY POLICY PLAN. 
(a) IN GENERAL.—The President shall— 
(1) in accordance with subsection (b), prepare 
and submit to Congress a proposed National Energy 
Policy Plan (referred to in this title as a ‘‘proposed 
Plan’’); 
(2) seek the active participation by regional, 
State, and local agencies and instrumentalities and 
the private sector through public hearings in cities 
and rural communities and other appropriate means 
to ensure, to the maximum extent practicable, that 
the views and proposals of all segments of the econ-
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omy are taken into account in the formulation and 
review of the proposed Plan; 
(3) include in the proposed Plan a comprehen-
sive summary of data pertaining to all fuel and en-
ergy needs of persons residing in— 
(A) areas outside standard metropolitan 
statistical areas; and 
(B) areas within standard metropolitan 
statistical areas that are unincorporated or are 
specified by the Bureau of the Census as rural 
areas. 
(b) CONTENTS OF PROPOSED PLAN.—Not later than 
April 1, 2013, and biennially thereafter, the President 
shall submit to Congress the proposed Plan, which shall— 
(1) consider and establish energy production, 
use, and conservation objectives, for periods of 5 and 
10 years, necessary to satisfy projected energy needs 
of the United States to meet the requirements of the 
general welfare of the people of the United States 
and the commercial and industrial life of the United 
States, paying particular attention to the needs 
for— 
(A) full employment; 
(B) price stability; 
(C) energy security; 
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(D) economic growth; 
(E) environmental protection; 
(F) nuclear nonproliferation; 
(G) special regional needs; and 
(H) the efficient use of public and private 
resources; 
(2) identify the strategies that should be fol-
lowed and the resources that should be committed to 
achieve those objectives, including— 
(A) forecasting the level of production and 
investment necessary in each of the significant 
energy supply sectors and the level of conserva-
tion and investment necessary in each con-
suming sector; and 
(B) outlining the appropriate policies and 
actions of the Federal Government that will 
maximize the private production and investment 
necessary in each of the significant energy sup-
ply sectors consistent with applicable Federal, 
State, and local environmental laws, standards, 
and requirements; and 
(3) contain recommendations for legislative and 
administrative actions necessary to achieve the ob-
jectives of the proposed Plan, including legislative 
recommendations with respect to taxes or tax incen-
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122 
tives, Federal funding, regulatory actions, antitrust 
policy, foreign policy, and international trade. 
(c) CONTENTS
OF REPORT.—The President shall 
submit to Congress with the proposed Plan a report that 
shall include— 
(1) any data and analysis necessary to support 
the objectives, resource needs, and policy rec-
ommendations contained in the proposed Plan; 
(2) an estimate of the domestic and foreign en-
ergy supplies on which the United States will be ex-
pected to rely to meet projected energy needs in an 
economic manner consistent with the need to protect 
the environment, conserve natural resources, and im-
plement foreign policy objectives; 
(3) an evaluation of current and foreseeable 
trends in the price, quality, management, and use of 
energy resources and the effects of those trends on 
the social, environmental, economic, and other re-
quirements of the United States; 
(4) a summary of research and development ef-
forts funded by the Federal Government— 
(A) to forestall energy shortages; 
(B) to reduce waste; 
(C) to foster recycling; 
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123 
(D) to encourage conservation practices; 
and 
(E) to otherwise protect environmental 
quality, including recommendations for devel-
oping technologies to accomplish the purposes 
listed in subparagraphs (A) through (D); and 
(5) a review and appraisal of the adequacy and 
appropriateness of technologies, procedures, and 
practices (including competitive and regulatory prac-
tices) employed by Federal, State, and local govern-
ments and nongovernmental entities to achieve the 
purposes of the proposed Plan. 
(d) CONSULTATION REQUIRED.—The President shall 
ensure that consumers, small businesses, and a wide range 
of other interests, including those of individual citizens 
who have no financial interest in the energy industry, are 
consulted in the development of the proposed Plan. 
SEC. 802. CONGRESSIONAL REVIEW. 
(a) IN GENERAL.—Each proposed Plan shall be re-
ferred to the appropriate committees of the Senate and 
the House of Representatives. 
(b) COMMITTEE ACTION.—Each committee to which 
a proposed Plan is referred shall— 
(1) review the proposed Plan; and 
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(2) if considered appropriate by the committee, 
report to the Senate or the House of Representatives 
legislation regarding the proposed Plan, which may 
contain such alternatives to, modifications of, or ad-
ditions to the proposed Plan submitted by the Presi-
dent as the committee considers appropriate. 
TITLE IX—ELIMINATION OR RE-
DUCTION OF CERTAIN PRO-
GRAMS 
Subtitle A—Energy Programs 
SEC. 901. ELIMINATION OF GRANTS TO STATES FOR EN-
ERGY 
CONSERVATION 
AND 
WEATHERIZA-
TION. 
(a) WEATHERIZATION ASSISTANCE PROGRAM.—Part 
A of title IV of the Energy Conservation and Production 
Act (42 U.S.C. 6861 et seq.) is repealed. 
(b) ENERGY EFFICIENCY CONSERVATION BLOCK 
GRANT PROGRAM.—Subtitle E of title V of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17151 
et seq.) is repealed. 
(c) SUSTAINABLE ENERGY RESOURCES FOR CON-
SUMERS GRANTS.—Section 411(b) of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 6872 note; 
Public Law 110–140) is repealed. 
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125 
(d) WEATHERIZATION
INNOVATION
PILOT
PRO-
GRAM.—Section 126 of the Energy Policy Act of 2005 (42 
U.S.C. 15823) is repealed. 
(e) STATE ENERGY PROGRAM.—Part D of title III 
of the Energy Policy and Conservation Act (42 U.S.C. 
6321 et seq.) is repealed. 
(f) RESCISSION OF FUNDS FOR THE OFFICE OF EN-
ERGY EFFICIENCY AND RENEWABLE ENERGY.—Effective 
on the date of enactment of this Act, there are rescinded 
all unobligated balances of the amounts made available 
under the heading ‘‘ENERGY EFFICIENCY AND RENEW-
ABLE ENERGY’’ under the heading ‘‘DEPARTMENT OF 
ENERGY ENERGY PROGRAMS’’ under title IV of divi-
sion A of the American Recovery and Reinvestment Act 
of 2009 (Public Law 111–5; 123 Stat. 138). 
SEC. 902. REDUCTION OF DEPARTMENT FUNDING FOR EN-
ERGY TECHNOLOGY DEVELOPMENT. 
(a) ENERGY EFFICIENCY.—Section 911 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16191) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking ‘‘fiscal 
year 2009.’’ and inserting ‘‘for each of fiscal 
years 2009 through 2012; and’’; and 
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(C) by adding at the end the following: 
‘‘(4) $238,000,000 for each of fiscal years 2013 
through 2017.’’; and 
(2) in subsection (d), by striking ‘‘section 912’’ 
and all that follows through the end and inserting 
the following: ‘‘section 912— 
‘‘(1) $50,000,000 for each of fiscal years 2010 
through 2012; and 
‘‘(2) $12,500,000 for each of fiscal years 2013 
through 2017.’’. 
(b) RENEWABLE ENERGY.—Section 931(b) of the 
Energy Policy Act of 2005 (42 U.S.C. 16231(b)) is 
amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking ‘‘fiscal year 
2010.’’ and inserting ‘‘for each of fiscal years 2010 
through 2012; and’’; and 
(3) by adding at the end the following: 
‘‘(5) $240,750,000 for each of fiscal years 2013 
through 2017.’’. 
(c) NUCLEAR ENERGY.—Section 951(b) of the En-
ergy Policy Act of 2005 (42 U.S.C. 16271(b)) is amend-
ed— 
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(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3), by striking ‘‘fiscal year 
2009.’’ and inserting ‘‘for each of fiscal years 2009 
through 2012; and’’; and 
(3) by adding at the end the following: 
‘‘(4) $123,750,000 for each of fiscal years 2013 
through 2017.’’. 
(d) FOSSIL ENERGY.—Section 961(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 16291(b)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3), by striking ‘‘fiscal year 
2009.’’ and inserting ‘‘for each of fiscal years 2009 
through 2012; and’’; and 
(3) by adding at the end the following: 
‘‘(4) $160,250,000 for each of fiscal years 2013 
through 2017.’’. 
(e) OFFICE OF SCIENCE.—Section 971(b) of the En-
ergy Policy Act of 2005 (42 U.S.C. 16311(b)) is amended 
by striking paragraph (7) and inserting the following: 
‘‘(7) $1,311,750,000 for each of fiscal years 
2013 through 2017.’’. 
(f) ADVANCED RESEARCH PROJECTS AGENCY—EN-
ERGY.—Section 5012(n)(2) of the America COMPETES 
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128 
Act (42 U.S.C. 16538(n)(2)) is amended by striking sub-
paragraph (E) and inserting the following: 
‘‘(E) $75,000,000 for each of fiscal years 
2013 through 2017.’’. 
SEC. 903. PROHIBITION ON REFURBISHMENT OF THE LOS 
ALAMOS 
NEUTRON 
SCIENCE 
CENTER 
(LANSCE). 
Notwithstanding any other provision of law, no funds 
made available under this or any other Act may be used 
to carry out any refurbishment of the Los Alamos Neutron 
Science Center of the Los Alamos National Laboratory, 
Los Alamos, New Mexico. 
SEC. 904. REPEAL OF ULTRA-DEEPWATER AND UNCONVEN-
TIONAL NATURAL GAS AND OTHER PETRO-
LEUM RESOURCES RESEARCH AND DEVELOP-
MENT PROGRAM. 
Subtitle J of title IX of the Energy Policy Act of 
2005 (42 U.S.C. 16371 et seq.) is repealed. 
SEC. 905. REDUCTION IN FOSSIL ENERGY RESEARCH AND 
DEVELOPMENT. 
(a) REPEAL OF OIL AND GAS RESEARCH AND DE-
VELOPMENT PROGRAMS.— 
(1) IN GENERAL.—Section 965 of the Energy 
Policy Act of 2005 (42 U.S.C. 16295) is repealed. 
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129 
(2) PROHIBITION.—Notwithstanding any other 
provision of law, no funds may be made available for 
oil and gas research and development within the fos-
sil energy research and development account of the 
Department. 
(b) REDUCTION IN FUNDING FOR CARBON CAPTURE 
AND SEQUESTRATION RESEARCH, DEVELOPMENT, AND 
DEMONSTRATION.—Section 963(d) of the Energy Policy 
Act of 2005 (42 U.S.C. 16293(d)) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ after 
‘‘2011;’’; 
(2) in paragraph (5), by striking ‘‘2012.’’ and 
inserting ‘‘2012; and’’; and 
(3) by adding at the end the following: 
‘‘(6) $184,000,000 for each of fiscal years 2013 
through 2017.’’. 
(c) REDUCTION IN OVERALL FUNDING OF FOSSIL 
ENERGY RESEARCH
AND DEVELOPMENT PROGRAM.— 
Notwithstanding any other provision of law, for fiscal year 
2013, not more than $421,000,000 may be made available 
for activities within the fossil energy research and develop-
ment account of the Department. 
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130 
SEC. 906. CHEMISTRY AND METALLURGY RESEARCH RE-
PLACEMENT (CMRR) FACILITY. 
Notwithstanding any other provision of law, for each 
of fiscal years 2013 through 2017, no funds may be made 
available for construction of the Chemistry and Metallurgy 
Research Replacement facility. 
SEC. 907. REDUCTION IN SECOND LINE OF DEFENSE (SLD) 
FUNDING. 
Notwithstanding any other provision of law, for fiscal 
year 2013, not more than $93,000,000 may be made avail-
able to carry out Second Line of Defense radiation detec-
tion equipment installation activities. 
SEC. 908. ADMINISTRATIVE EFFICIENCY INITIATIVE. 
Not later than 30 days after the date of enactment 
of this Act, the President shall issue an Executive order 
that provides for administrative costs savings across the 
Federal Government, including savings achieved by— 
(1) reducing travel and relocation costs, includ-
ing through the use of technologies such as webinars 
and videoconferencing; 
(2) eliminating unnecessary printing and copy-
ing costs; 
(3) reducing the need to contract for profes-
sional and technical services, and, in cases in which 
such services are necessary, buying less, paying 
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148 
(b) RESCISSION.—Notwithstanding any other provi-
sion of law— 
(1) all amounts made available for the Chemical 
Risk Management Fibers program of the Environ-
mental Protection Agency (as in existence on the 
day before the date of enactment of this Act) that 
remain unobligated as of September 30, 2012, are 
rescinded; and 
(2) no amounts made available after September 
30, 2012, for the program referred to in paragraph 
(1) (as so in existence) shall be expended, other than 
such amounts as are necessary to cover costs in-
curred in terminating ongoing projects and activities 
under that program, as determined by the Secretary, 
in consultation with other appropriate Federal agen-
cies. 
SEC. 932. ENVIRONMENTAL EDUCATION PROGRAM. 
(a) TERMINATION
OF AUTHORITY.—The Environ-
mental Education program of the Environmental Protec-
tion Agency is terminated. 
(b) RESCISSION.—Notwithstanding any other provi-
sion of law— 
(1) all amounts made available for the Environ-
mental Education program of the Environmental 
Protection Agency (as in existence on the day before 
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