text:
Page:United States Statutes at Large Volume 91.djvu/587

 91 STAT. 553

PUBLIC LAW 9 5 - 8 9 — A U G. 4, 1977

Public Law 95-89 95th Congress An Act To amend the Small Business Act and the Small Business Investment Act of 1958 to increase loan authorization and surety bond guarantee authority; and to improve the disaster assistance, certificate of competency and Small Business set-aside programs, and for other purposes.

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

Aug. 4, 1977 [H.R. 692]

of the

TITLE I—AUTHORIZATIONS AND LIMITATIONS SEC. 10L (a) Section 4(c)(1) of the Small Business Act is amended by striking out"', including administrative expenses in connection with such functions" following " 7 (g) of this Act " and by striking out ", including administrative expenses in connection with such functions" following '•'Small Business Investment Act of 1958". (b) Section 4(c)(3) of such Act is amended by striking the last sentence. (c) Section 4(c)(4) of such Act is repealed. (d) Section 7(a)(8) of such Act is repealed. (e) Section 7(g)(4) of such Act is repealed. SEC. 102. Section 20 of the Small Business Act is amended to read as follows: " SEC. 20. (a) There are hereby authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this Act other than those for which appropriations are specifically authorized. " (b) The following program levels are authorized for fiscal year 1978: " (1) For the programs authorized by section 7(a) of this Act, the Administration is authorized to make $400,000,000 in direct loans, $15,000,000 in immediate participation loans, and $3,000,000,000 in deferred participation loans. " (2) For the programs authorized by section 7(h) of this Act, the Administration is authorized to make $30,000,000 in direct and immediate participation loans and $20,000,000 in guaranteed loans. " (3) For the programs authorized by section 7(i) of this Act, the Administration is authorized to make $60,000,000 in direct and immediate participation loans and $81,000,000 in guaranteed loans. " (4) For the programs authorized by sections 501 and 502 of the Small Business Investment Act of 1958, the Administration is authorized to make $45,000,000 in direct and immediate participation loans and $41,000,000 in guaranteed loans. " (5) For the programs authorized by title H I of the Small Business Investment Act of 1958, the Administration is authorized to make $20,000,000 in direct purchase of debentures and preferred securities and to make $180,000,000 in guarantees of debentures. " (6) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to entei- into guarantees not to exceed $2,000,000,000.

Small Business Act and Small Business Investment Act of 1958, amendments. 15 USC 633.

Repeals. 15 USC 636. Appropriation authorization. 15 USC 631 note.

15 USC 695, 696.

15 USC 681.

15 USC 694a.

�


text:
Page:United States Statutes at Large Volume 91.djvu/588

 91 STAT. 554

PUBLIC LAW 95-89—AUG. 4, 1977

"(7) For the programs authorized by sections 7(b)(3), 7(b)(4) 15 USC 636. 7(b)(5), 7(b)(6), 7(b)(7), 7(b)(8), 7(b)(9), and 7(g) of this Act, the Administration is authorized to enter into $300,000,000 in loans, guarantees, and other obligations or commitments. "(8) For the programs authorized in sections 404 and 405 of the 15 USC 694-1, Small Business Investment Act of 1958, the Administration is author694-2. ized to enter into guarantees not to exceed $150,000,000. "(9) There are hereby authorized to be appropriated such sums as may be necessary and appropriate for the carrying out of the provisions and purposes, except for administrative expenses, of sections 7(b)(1) V and 7 (b)(2) of this Act. " (c) There are authorized to be appropriated to the Administration for fiscal year 1978, $1,400,000,000 to carry out the programs referred to in subsection (b), paragraphs (1) through (9). Of such sum, $47,100,000 shall be available for the purpose of carrying out the provisions of 15 USC 694c. section 412 of the Small Business Investment Act of 1958, $4,000,000 shall be available for the purpose of carrying out the provisions of 15 USC 694. section 403 of the Small Business Investment Act of 1958, and $171,000,000 shall be available for salaries and expenses of the Administration, of which amount— "(1) $13,000,000 shall be available for procurement assistance, -':: with priority given to developing a small business procurement • source data bank and to employing additional procurement officers to increase the number and total value of set-asides, including 15 USC 637. those under section 8(a) of this Act; "(2) $32,000,000 shall be available for management and technical assistance, with priority given to development of effective training programs and counseling services, development of small business development centers and development of an effective small business technology transfer program; "(3) $6,000,000 shall be available for research and advocacy, with priority given to developing a small business economic data base, evaluating the required resources for a major small business economic research and analysis unit in the Administration, undertaking such economic research and analysis, representing the interests of small business within the Federal Government, and developing a small business ombudsman function to help solve small business problems that are caused by programs, regulations, or general activities of the Federal Government and of which no more than $60,000 can be used for the payment of travel and transportation of persons for the national, regional, and Small Business Investment Companies advisory council meetings; " (4) $4,000,000 shall be available for the office of minority small business; and "(5) $3,900,000 shall be available for data management with priority given to more effective and efficient utilization of existing data management resources of the Administration. "(d) The Administrator may transfer no more than 10 percent of program levels for salaries and expenses authorized in paragraphs (1) Ante, p. 553. through (5) of section 20(c) of this Act: Provided, however, That no program level authorized in such paragraphs may be increased more than 20 percent by any such transfers. "(e) The following program levels are authorized for fiscal year 1979:

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 91.djvu/589

 PUBLIC LAW 95-89—AUG. 4, 1977 "(1) For the proonuus authorized by section 7(a) of this Act, the Administration is authorized to make $440,000,000 in direct loans. $17,000,000 in innnediate participation loans, and $3,300,000,000 in deferred participation loans. "(2) For the programs authorized by section 7(h) of this Act, the Administration is authorized to make $33,000,000 in direct and immediate participation loans and $22,000,000 in guaranteed loans. "(3) For the programs authorized by section 7(i) of this Act, the Administration is authorized to make $66,000,000 in direct and immediate participation loans and $89,000,000 in guaranteed loans. "(4) For the programs authorized by sections 501 and 502 of the Small Business Investment Act of 1958, the Administration is authorized to make $49,000,000 in direct and immediate participation loans and $45,000,000 in guaranteed loans. "(5) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make $22,000,000 in direct purchase of debentures and preferred securities and to make $198,000,000 in guarantees of debentures. "(6) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $2,200,000,000. "(7) For the programs authorized by sections 7(b)(3), 7(b)(4), 7(b)(5), 7(b)(6), 7(b)(7), 7(b)(8), 7(b)(9), and 7(g) of this Act, the Administration is authorized to enter into $330,000,000 in loans, guarantees, and other- obligations or commitments. "(8) For the programs authorized in sections 404 and 405 of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $300,000,000. "(9) There are hereby authorized to be appropriated such sums as may be necessary and appropriate for the carrying out of the provisions and purposes, excejit for administrative expenses, of sections 7(b)(1) and 7(b)(2) of this Act. "(f) There are authorized to be appropriated to the Administration for fiscal year 1979, $1,565,000,000 to carry out the programs referred to in subsection (e), paragraphs (1) through (9). Of such sum, $52,100,000 shall be available for the purpose of carrying out the provisions of section 412 of the Small Business Investment Act of 1958, $4,400,000 shall be available for the purpose of carrying out the provisions of section 403 of the Small Business Investment Act of 1958, and $188,000,000 shall be available foi- salaries and expenses of the Administration, of which amount— "(1) $14,300,000 shall be available for procurement assistance, with priority given to developing a small business procurement source data bank and to employing additional procurement officers to increase the number and total value of set-asides, including those under section 8(a) of this Act; " (2) $35,200,000 shall be available for management and technical assistance, with priority given to development of effective training programs and counseling services, development of small business development centers, and development of an effective small business technology transfer program; "(3) $6,600,000 shall be available for research and advocacy, with priority given to developing a small business economic data base, evaluating the required resources for a major small business economic research and analysis unit in the Administration, under-

91 STAT. 555 15 USC 636.

15 USC 695, 696. 15 USC 681.

15 USC 694a.

15 USC 694-1, 694-2.

15 USC 694c. 15 USC 694.

t 15 USC 637.

�


text:
Page:United States Statutes at Large Volume 91.djvu/590

 9 1 STAT. 556

PUBLIC LAW 9 5 - 8 9 — A U G. 4, 1977

taking such economic research and analysis, representing the interests of small business within the Federal Government, and developing a small business ombudsman function to help solve small business problems that are caused by programs, regulations, or general activities of the Federal Government and of which no more that $66,000 can be used for the payment of travel and transportation of persons for the national, regional, and Small Business Investment Companies advisory council meetings; " (4) $4,400,000 shall be available for the office of minority small business; and " (5) $4,290,000 shall be available for data management with priority given to more effective and efficient utilization of existing data management resources of the Administration. " (g) The Administrator may transfer no more than 10 percent of program levels for salaries and expenses authorized in paragraph s Ante, p. 553. (1) through (5) of section 20(f) oi this Act: Provided, however, That no program level authorized in such paragraph s may be increased more than 20 percent by any such transfers.''. Lease guarantees. SEC. lOo. Section 403 of the Small Business Investment Act of 1958 15 USC 694. is amended to read as follows: " F U N D

15 USC 692.

15 USC 694-2.

..•

.

•

" SEC. 403. There is hereby created within the Treasury a separate fund for guarantees which shall be available to the A d m i n i s t r a to r without fiscal year limitations as a revolving fund for the purposes of section 401. All amounts received by the Administrator, including any moneys, property, or assets derived by him from his operations in connection with section 401, shall be deposited in the fund. All expenses, excluding administrative expenses, pursuant to operations of the Administrator under section 401 shall be paid from the fund.". SEC. 104. Section 405 of the Small Business Investment Act of 1958 is amended to read as follows: "FUND

15 USC 694-1.

15 USC 694c.

" SEC. 405. There is hereby created within the Treasury a separate fund for guarantees which shall be available to the Administrator without fiscal year limitations as a revolving fund for the purpose of section 404. All amounts received by the Administrator, including any moneys, property, or assets derived by him from his operations in connection with section 404 shall be deposited in the fund. All expenses and payments, excluding administrative expenses, pursuant to operations of the Administrator under section 404 shall be paid from the fund.". SEC. 105. Section 412 of the Small Business Investment Act of 1958 is amended to read as follows: "FUND

" SEC. 412. There is hereby created within the Treasury a separate fund for guarantees which shall be available to the Administrator without fiscal year limitation as a revolving fund for the purposes of this part. All amounts received by the Administrator, including any moneys, property, or assets derived by him from his operations in connection with this part, shall be deposited in the fund. All expenses and payments, excluding administrative expenses, pursuant to operations of the Administrator under this part shall be paid from

�


text:
Page:United States Statutes at Large Volume 91.djvu/591

 PUBLIC LAW 95-89—AUG. 4, 1977 the fund. Moneys in the fund not needed for the payment of current operating expenses or for the payment of claims arising under this part may be invested in bonds or other obligations of, or bonds or other obligations guaranteed as to principal and interest by, the United States; except that moneys provided as capital for the fund shall not be so invested.". SEC. 106. This title shall become effective on October 1, 1977.

91 STAT. 557

Effective date. 15 USC 633 note.

TITLE II—MISCELLANEOUS CONFORMING AND TECHNICAL AMENDMENTS SEC. 201. Section 4(c)(2) of the Small Business Act is amended by striking out "and 7(c)(2)" and by inserting in lieu thereof "7(c)(2), and 7(g)". SEC. 202. Sections 4(c)(5) and 4(c)(6) of the Small Business Act are redesignated as sections 4(c)(4) and 4(c)(5), respectively, and the new section 4(c)(4) is amended to read as follows: " (4) The Administration shall submit to the Committees on Appropriations, Senate Select Committee on Small Business, and the Committee on Small Business of the House of Representatives, as soon as possible after the beginning of each calendar quarter, a full and complete report on the status of each of the funds established by paragraph (1). Business-type budgets for each of the funds established by paragraph (1) shall be prepared, transmitted to the Committees on Appropriations, the Senate Select Committee on Small Business, and the Committee on Small Business of the House of Representatives, and considered, and enacted in the manner prescribed by law (sections 102, 103, and 104 of the Government Corporation Control Act (31 U.S.C. 847-849)) for wholly owned Government corporations.". SEC. 203. Section 10(a) of the Small Business Act is amended by inserting "the Senate Select Committee on Small Business," after the clause "the President of the Senate,". SEC. 204. Section 10(b) of the Small Business Act is amended by striking out "House Select Committee to Conduct a Study and Investigation of the Problems of Small Business" and by inserting in lieu thereof "Committee on Small Business of the House of Representatives". SEC. 205. Section 10(c)(2) of the Small Business Act is amended by inserting ", the Senate Select Committee on Small Business" after the word "Congress". SEC. 206. Section 10(d) of the Small Business Act is amended by inserting "the Senate Select Committee on Small Business," after the clause "the President of the Senate,". SEC. 207. Section 10(e) of the Small Business Act is amended by striking out "House Select Committee To Conduct a Study and Investigation of the Problems of Small Business" and by inserting in lieu thereof "Committee on Small Business of the House of Representatives". SEC. 208. Section 10(g) of the Small Business Act is amended by striking out "Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Banking and Currency of the House of Representatives" and inserting in lieu thereof "Senate Select Committee on Small Business and Committee on Small Business of the House of Representatives."

15 USC 633.

Report to congressional committees.

Budgets, transmittal to congressional committees.

15 USC 639.

Reporting requirements and agency cooperation.

�


text:
Page:United States Statutes at Large Volume 91.djvu/592

 91 STAT. 558

15 USC 682.

PUBLIC LAW 9 5 - 8 9 — A U G. 4, 1977 SEC. 209. Section 5316 of title 5, United States Code, is amended by striking from paragraph (11) the figure " (3) " and by inserting the figure " (4) ". SEC. 210. Section 302(b) of the Small Business Investment Act of 1958 is amended by inserting the word "and'* between the words "capital" and "surplus". SEC. 211. Section 10(a) of the Small Business Act (15 U.S.C. 639(a)) is amended by adding at the end thereof the following new sentence: " W i t h respect to minority small business concerns, the report shall include the proportion of loans and other assistance under this Act provided to such concerns, the goals of the Administration for the next fiscal year with respect to such concerns, and recommendations for improving assistance to minority small business concerns under this Act.''. TITLE III—AMENDMENTS TO SMALL B U S I N E S S ADMINISTRATION LOAN AUTHORITY

15 USC 636. Payment obligation, undertaking or suspension.

15 USC 634.

Loan maturity, extension.

Repayment agreement.

SEC. 301. Section 7(a) of the Small Business Act (15 U.S.C. 6 3 6 (a)) is amended after "the acquisition of l and; " by inserting "or to finance residential or commercial construction or rehabilitation for sale: Provided, however, That such loans shall not be used primarily for the acquisition of land;". SEC. 302. Section 7(b)(5) of the Small Business Act is amended by inserting immediately after "any Federal law" the words "heretofore or lioreafter enacted'*. SEC. 303. Section 5 of the Small Business Act is amended by adding at the end thereof the following new subsection: " (e)(1) Subject to the requirements and conditions contained in this subsection, upon application by a small business concern which is the recipient of a loan made under this Act, the Administration may undertake the small business concern*s obligation to make the required payments under such loan or may suspend such obligation if the loan was a direct loan made by the Administration. While such payments are being nuuie by the Administration pursuant to the undertaking of such obligation or while such obligation is suspended, no such payment with respect to the loan may be required from the small business concern. " (2) The Administration may undertake or suspend for a period of not to exceed 5 years any small business concern's obligation under this subsection only if— " (A) without such undertaking or suspension of the obligation, the small business concern would, in the sole discretion of the Administration, become insolvent or remain insolvent; " (B) with the undertaking or suspension of the obligation, the small business concern would, in the sole discretion of the Administration, become or remain a viable small business e n t i t y; and " (C) the small business concern executes an agreement in writing satisfactory to the Administration as provided by paragraph (4). " (3) Notwithstanding the provisions of sections 7(a)(4)(C) and 7 (i)(1) of this Act, the Administration may extend the maturity of any loan on which the Administration undertakes or suspends the obligation pursuant to this subsection for a corresponding period of time. " (4)(A) P r i o r to the undertaking or suspension by the Administra-

�


text:
Page:United States Statutes at Large Volume 91.djvu/593

 PUBLIC LAW 95-89—AUG. 4, 1977

91 STAT. 559

tion of any small business concern's obligation under this subsection, the Administration, consistent with the purposes sought to be achieved herein, shall require the small business concern to agree in writing to repay to it the aggregate amount of the payments which were required under the loan during the period for which such obligation was undertaken or suspended, either— "(i) by periodic payments not less in amount or less frequently falling due than those which were due under the loan during such period, or "(ii) pursuant to a repayment schedule agreed upon by the - Administration and the small business concern, or "(iii) by a combination of the payments described in clause (i) and clause (ii). "(B) In addition to requiring the small business concern to execute the agreement described in subparagraph (A), the Administration shall, prior to the undertaking or suspension of the obligation, take such action, and require the small business concern to take such action as the Administration deems appropriate in the circumstances, including the provision of such security as the Administration deems necessary or appropriate to insure that the rights and interests of the lender (Small Business Administration or participant) will be safeguarded adequately during and after the period in which such obligation is so undertaken or suspended. "(5) The term 'required payments' with respect to any loan means "Required payments." payments of principal and interest under the loan.". SEC. 304. Section 4(c) of the Small Business Act is amended by 15 USC 633. inserting in paragraphs (1)(A) and (2)(A) thereof "5(e)," after the word "sections". TITLE IV—AMENDMENTS TO SMALL BUSINESS ADMINISTRATION DISASTER LOAN AUTHORITY SEC. 401. Section 4(c) of the Small Business Act is amended as follows: (1) by inserting in paragraph (1)(A) after the figure "7(b)(2)," the figure "7(b)(3)," and by striking from paragraph (1)(B) thereof the figure "7(b)(8),"; and (2) by inserting in paragraph (2)(A) after the figure "7(b)(2)," the figure "7(b)(3)," and by striking from paragraph (2)(B) thereof the figure "7(b)(3),". SEC. 402. Section 7(b)(3) of the Small Business Act is amended by 15 USC 636. striking "federally aided urban renewal program or a highway project or any other construction constructed by or with funds provided in whole or in part by the Federal Government" and by inserting in lieu thereof "program or project constructed by or with funds provided in whole or m part by the Federal Government or by a program or project by a State or local government or public service entity, providing such government or public service entity has the authority to exercise the right of eminent domain on such program or project". SEC. 403. Section 7(b)(2) of the Small Business Act is amended by adding "or" after the semicolon at the end of section 7(b)(2)(B) and by adding the following: "(C) a disaster, as determined by the Administrator of the Small Business Administration pursuant to the Disaster Relief 42 USC 4401 Act of 1970: or note.

29-194

0 - 8 0

�


text:
Page:United States Statutes at Large Volume 91.djvu/594

 91 STAT. 560 Certification by State Governor.

Loans.

Interest rate.

Economic dislocation. 15 USC 636.

Loans.

Certification by State Governor.

Deferral of payment. Disaster loans, interest rate.

PUBLIC LAW 95-89—AUG. 4, 1977 " (D) if no disaster declaration has been issued pursuant to subparagraph (A), (B), or (C), the Governor of a State in which a disaster has occurred may certify to the Small Business ? Administration that small business concerns (1) have suffered economic injury as a result of such disaster, and (2) are in need of financial assistance which is not available on reasonable terms in the disaster striclcen area. Upon receipt of such certification, the Administration may then make such loans as would have been available under this paragraph if a disaster declaration had been issued. " (E) Notwithstanding any other provision of law, the interest rate on the Administration's share of any loan made under this paragraph in connection with a disaster occurring on or after July 1, 1976, and prior to October 1, 1978, shall be 3 percent on the amount of such loan not exceeding $25,000.". SEC. 404. Section 7(b) of the Small Business Act is amended by striking out " and " at the end of paragraph (7), by striking out the period at the end of paragraph (8) and inserting in lieu thereof "; and " and by inserting after paragraph (8) the following new paragraph: " (9) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary to assist, or refinance the existing indebtedness of, any small business concern located in an area of economic dislocation. The Governor of a State may certify to the Administration (A) that small business concerns within the State have suffered substantial economic injury as a result of an economic dislocation, and (B) that such concerns are in need of financial assistance which is not available on reasonable terms. For the purposes of this paragraph, economic dislocation includes extraordinary, severe, and temporary natural conditions or other economic dislocations as determined by the Administration. Such economic dislocations must be of such magnitude that without the benefit of loans provided hereunder a significant number of otherwise financially sound small businesses in the impacted regions or business sectors would either become insolvent or be unable to return quickly to their former level of operation. No loan made hereunder shall exceed $100,000, nor shall the proceeds thereof be used to reduce the exposure of any other lender. The Administration shall permit deferral of payment of principal and interests for one year on loans made hereunder.". SEC. 405. Section 7(b) of the Small Business Act is amended by inserting at the end of the first undesignated paragraph the following: "Notwithstanding any other provision of law, the interest rate on the Administration's share of any loan made pursuant to paragraph (1) of this subsection to repair or replace a primary residence and / o r replace or repair damaged or destroyed personal property, less the amount of compensation by insurance or otherwise, with respect to a disaster occurring on or after July 1, 1976, and prior to October 1, 1978, shall b e: 1 per centum on the amount of such loan not exceeding $10,000, and 3 per centum on the amount of such loan over $10,000 but not exceeding $40,000. The interest rate on the Administration's share of the first $250,000 of all other loans made pursuant to paragraph (1) of this subsection, with respect to a disaster occurring on or after July 1, 1976, and prior to October 1, 1978, shall be 3 per centum. All

�


text:
Page:United States Statutes at Large Volume 91.djvu/595

 < *'«

PUBLIC LAW 95-89—AUG. 4, 1977

91 STAT. 561

repayments of principal on the Administration's share of any loan made under the above provisions shall first be applied to reduce the principal sum of such loan which bears interest at the lower rates provided in this paragraph. The principal amount of any loan made Principal, pursuant to paragraph (1) in connection with a disaster which occurs increase. on or after April 1, 1977, but prior to January 1, 1978, may be increased by such amount, but not more than $2,000, as the Administration determines to be reasonable in light of the amount and nature of loss, damage, or injury sustained in order to finance the installation of insulation in the property which was lost, damaged, or injured, if the miinsured, damaged portion of the property is 10 per centum or more of the market value of the property at the time of the disaster. Not later than June 1. 1978, the Administration shall prepare and Report, transmit to the Select Committee on Small Business of the Senate, the transmittal to Committee on Small Business of the House of Representatives, and congressional the Committees of the Senate and House of Representatives having committees. jurisdiction over measures relating to energy conservation, a report on its activities under this paragraph, including therein an evaluation of the effect of such activities on encouraging the installation of insulation in property which is repaired or replaced after a disaster which is subject to this paragraph, and its recommendations with respect to the continuation, modification, or termination of such activities.". SEC. 406. Section 824 of the Consolidated Farm and Rural Development Act is amended as follows: 7 USC 1964. (a) by inserting " (a) " at the beginning thereof and by striking the proviso at the end thereof; and (b) by inserting the following at the end thereof: "(b) Notwithstanding the provisions of any other law, during any Interest rate. period in which the Small Business Administration is making loans under sections 7(b)(1) and 7(b)(2) of the Small Business Act to 15 USC 636. businesses at a rate of interest below the average annual interest rate on all interest-bearing obligations of the United States, loans made hereunder shall bear interest at a rate not to exceed such lower interest rates in amounts not to exceed $250,000 to businesses and $40,000 to homeowners. "(c) Any political subdivision of a State with a population of less Grant eligibility. than 10,000 which, if such subdivision had a population of 10,000 or more, would be eligible for a grant under the first title of the Community Emergency Drought Relief Act of 1977 shall be eligible for a 42 USC 5184 grant under the Consolidated Farm and Rural Development Act note. during any period in which such Community Relief Act of 1977 is or 7 USC 1921 note. has been in effect.". TITLE V—PROCUREMENT ASSISTANCE SEC. 501. Section 8(b) of the Small Business Act is amended by contracts. striking paragraph (7) and by inserting in lieu thereof the 15 USC 637. following: " (7)(A) To certify to Government procurement officers, and officers engaged in the sale and disposal of Federal property, with respect to all elements of responsibility, including, but not limited to, capability, competency, capacity, credit, integrity, perseverance, and tenacity, of any small business concern or group of such concerns to receive and perform a specific Government contract. A Government procure- Referral for final disposition.

�


text:
Page:United States Statutes at Large Volume 91.djvu/596

 91 STAT. 562

Ineligibility, notification.

Review.

Awards or contracts, determination.

15 USC 644.

Report to congressional committees.

Contract awards, priority.

PUBLIC LAW 95-89—AUG. 4, 1977 iiieiit officer or an officer engaged in the sale and disposal of Federal property may not, for any reason specified in the preceding sentence, preclude any small business concern or group of such concerns from being awarded such contract without referring the matter for a final disposition to the Administration. "(B) If a Government procurement officer finds that an otherwise qualified small business concern may be ineligible due to the provisions of section 35(a) of title 41, United States Code (the Walsh-Healey Public Contracts Act), he shall notify the Administration in writing of such finding. The Administration shall review such finding and shall either dismiss it and certify the small business concern to be an eligible Government contractor for a specific Government contract or if it concurs in the finding, forward the matter to the Secretary of Labor for final disposition, in which case the Administration may certify the small business concern only if the Secretary of Labor finds the small business concern not to be in violation. "(C) In any case in which a small business concern or group of such concerns has been certified by the Administration pursuant to (A) or (B) to be a responsible or eligible Government contractor as to a specific Government contract, the officers of the Government having procurement or property disposal powers are directed to accept such certification as conclusive, and shall let such Government contract to such concern or group of concerns without requiring it to meet any other requirement of responsibility or eligibility.-'. SEC. 502. Section 15 of the Small lousiness Act is amended by inserting " (a) " innnediately after "SKC. 15." and by inserting the following at the end thereof: "(b) With respect to any work to be performed the amount of which would exceed the maximum amount of any contract for which a surety may be guaranteed against loss under section 411 of the Small Business Investment Act of 1958 (15 U.S.(^. 694(b)), the contracting procurement agency shall, to the extent practicable, place contracts so as to allow more than one small business concern to perform such work. "(c) During fiscal year 1978, public and private organizations and individuals eligible for assistance under section 7(h) of this Act shall be eligible to participate in such contracts or any part thereof in an aggregate amount not to exceed $100,000,000: Provided, h(ywever, That the Administration, not later than March 1, 1979, shall prepare and transmit to the Select Committee on Small Business of the Senate and the Committee on Small Business of the House of Representatives, a report on the impact of contracts awarded to such organizations and individuals on small business. "(d) For purposes of this section priority shall be given to the awarding of contracts and the placement of subcontracts to concerns which shall perform a substantial proportion of the production on those contracts and subcontracts within areas of concentrated unemployment or underemployment or within labor surplus areas. Notwithstanding any other provision of law, total labor surplus area set-asides pursuant to Defense Manpower Policy Number 4 (32A C.F.R. Chapter 1) or any successor policy shall be authorized if the Secretary or his designee specifically determines that there is a reasonable expectation that offers will be obtained from a sufficient r.umber of eligible concerns so that awards will be made at reasonable prices. As soon as practicable and to the extent possible, in determining labor surplus areas, consideration shall be given to those persons

�


text:
Page:United States Statutes at Large Volume 91.djvu/597

 PUBLIC LAW 95-89—AUG. 4, 1977

91 STAT. 563

who would be available for employment were suitable employment available. Until such definition reflects such number, the present criteria of such policy shall govern. "(e) In carrying out labor surplus areas and small business set;;, ^, aside programs, departments, agencies, and instrumentalities of the executive branch shall award contracts, and encourage the placement S of subcontracts for procurement to the following in the manner and in the order stated: "(1) Concerns which are located in labor surplus areas, and which are also small business concerns, on the basis of a total setaside. , ' ' "(2) Concerns which are small business concerns on the basis of a total set-aside. "(3) Concerns which are small business concerns, on the basis of a partial set-aside. "(4) Concerns which are located in labor surplus areas on the basis of a total set-aside. "(f) The provisions of subsections (d) and (e) shall cease to be Termination, effective subsequent to September 30, 1979, unless renewed prior to such date.". Approved August 4, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1 (Comm. on Small Business) and No. 95-535 (Comm. of Conference). SENATE REPORT No. 95-184 accompanying S. 1442 (Comm. on Small Business). CONGRESSIONAL RECORD, Vol. 123 (1977): Feb. 9, considered and passed House. May 19, considered and passed Senate, amended, in lieu of S. 1442. July 26, House agreed to conference report. July 27, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 32: Aug. 4, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 91.djvu/598

 91 STAT. 564

PUBLIC LAW 95-90—AUG. 4, 1977

Public Law 95-90 95th Congress Joint Resolution Aug. 4, 1977 [S.J. Res. 79] Federal Home Loan Bank Board. Vacancies. Ante, p. 252.

Repeal; effective date. Effective date. 12 USC 1437 note.

To amend the Federal Home Loan Bank Act.

'

Besolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 17(a) of the Federal Home Loan Bank Act, 12 U.S.C. 1437, as amended, is amended by adding the following immediately at the end thereof: "Upon the expiration of the term of office of a member of the Federal Home Loan Bank Board, such member shall continue to serve until a successor is appointed and has qualified, but not to exceed forty-five days.". SEC. 2. The last sentence of section 17(a) of the Federal Home Loan Bank Act is repealed, effective August 15, 1977. SEC. 3. This resolution shall take effect on July 1, 1977. Approved August 4, 1977.;

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): Aug. 1, considered and passed Senate and House.

�


text:
Page:United States Statutes at Large Volume 91.djvu/599

 PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 565

Public Law 95-91 95th Congress An Act To establish a Department of Energy in the executive branch by the reorganization of energy functions within the Federal Government in order to secure effective management to assure a coordinated national energy policy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may b e c i t e d a s the " Department of Energy Organization Act ". TABLE OF CONTENTS Sec. 2.

Definitions. TITLE I—DECLARATION OF FINDINGS AND PURPOSES

Sec. 101. Findings. Sec. 102. Purposes. Sec. 103. Relationship with States.

us

TITLE II—ESTABLISHMENT OF THE DEPARTMENT Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205. 206. 207. 208. 209. 210.

Establishment. Principal officers. Assistant Secretaries. Federal Energy Regulatory Commission. Energy Information Administration. Economic Regulatory Administration. Comptroller General functions. Office of Inspector General. Office of Energy Research. Leasing Liaison Committee. TITLE III—TRANSFERS OF FUNCTIONS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

301. 302. 303. 304. 305. 306. 307. 308. 309. 310.

General transfers. Transfers from the Department of the Interior. Administration of leasing transfers. Transfers from the Department of Housing and Urban Development. Coordination with the Department of Transportation. Transfer from the Interstate Commerce Commission. Transfers from the Department of the Navy. Transfers from the Department of Commerce. Naval reactor and military application programs. Transfer to the Department of Transportation.

TITLE IV—FEDERAL ENERGY REGULATORY COMMISSION Sec. Sec. Sec. Sec. Sec. Sec. Sec.

401. 402. 403. 404. 405. 406. 407.

Appointment and administration. Jurisdiction of the Commission. Initiation of rulemaking proceedings before Commission. Referral of other rulemaking proceedings to Commission. Right of Secretary to intervene in Commission procedures. Reorganization. Access to information.

TITLE V—ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW Sec. Sec. Sec. Sec. Sec.

501. 502. 503. 504. 505.

Procedures. Judicial review. Remedial orders. Requests for adjustments. Review and effect.

Aug. 4, IV / / [S. 826]

Department of Energy Organization Act. 42 USC 7101 note.

�


text:
Page:United States Statutes at Large Volume 91.djvu/600

 91 STAT. 566

PUBLIC LAW 95-91—AUG. 4, 1977 TABLE OF CONTENTS—Continued TITLE VI—ADMINISTRATIVE PROVISIONS PART A—CONFLICT OF INTEREST PROVISIONS

-

,

,.

Sec. See. Sec. Sec. Sec. Sec. Sec. Sec.

601. 602. 603. 604. 605. 606. 607. 608.

Definitions. Divestiture of energy holdings by supervisory oflBcials. Disclosure of energy assets. Report on prior employment. Postemployment prohibitions and reporting requirements. Participation prohibitions. Procedures applicable to reports. Sanctions.

' '

PART B—PERSONNEL PROVISIONS

i»-'

Sec. Sec. Sec. Sec. Sec.

621. 622. 623. 624. 625.

OflScers and employees. Senior positions. Experts and consultants. Advisory committees. Armed services personnel.

'

PART C—GENERAL ADMINISTRATIVE PROVISIONS

Sec. Sec. Sec. Sec. Sec, Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. See. Sec. Sec. Sec.

641. 642. 643. 644. 645. 646. 647. 648. 649. 650. 651. 652. 653. 654. 655. 656. 657. 658. 659. 660.

General authority. Delegation. Reorganization. Rules. Subpena. Contracts. Acquisition and maintenance of property. Facilities construction. Use of facilities. Field offices. Copyrights. Gifts and bequests. Capital fund. Seal of Department. Regional energy advisory boards. Designation of conservation officers. Annual report. Leasing report. Transfer of funds. Authorization of appropriations.

'

TITLE VII—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS Sec. 701. Sec. 702. See. 703. Sec. 704. See. 705. Sec. 706. Sec. 707. Sec. 708. Sec. 709. See. 710. See. 711. Sec. 712. Sec. 713.

Transfer and allocations of appropriations and personnel. Effect on personnel. Agency terminations. Incidental transfers. Savings provisions. Separability. References. Presidential authority. Amendments. Administrative amendments. Transition. Civil Service Commission report. Environmental impact statements. TITLE VIII—ENERGY PLANNING

Sec. 801. National energy policy plan. See. 802. Congressional review. TITLE IX—EFFECTIVE DATE AND INTERIM APPOINTMENTS Sec. 901. Effective date. Sec. 902. Interim appointments. TITLE X—SUNSET PROVISIONS See. 1001. Submission of comprehensive review. Sec. 1002. Contents of review.

�


text:
Page:United States Statutes at Large Volume 91.djvu/601

 PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 567

DEFINITIONS

SEC. 2. (a) As used in this Act, unless otherwise provided or indi- 42 USC 7101. cated by the context, the term the "Department" means the Department of Energy or any component thereof, including the Federal Energy Regulatory Commission. (b) As used in this Act (1) reference to "function" includes reference to any duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be; and (2) reference to "perform", when used in relation to functions, includes the undertaking, fulfillment, or execution of any duty or obligation; and the exercise of power, authority, rights, and privileges. (c) As used in this Act, "Federal lease" means an agreement which, for any consideration, including but not limited to, bonuses, rents, or royalties conferred and covenants to be observed, authorizes a person to explore for, or develop, or produce (or to do any or all of these) oil and gas, coal, oil shale, tar sands, and geothermal resources on lands or interests in lands under Federal jurisdiction. TITLE I—DECLARATION OF FINDINGS AND PURPOSES FINDINGS

SEC. 101. The Congress of the United States finds that— 42 USC 7111. (1) the United States faces an increasing shortage of nonrenewable energy resources; (2) this energy shortage and our increasing dependence on foreign energy supplies present a serious threat to the national security of the United States and to the health, safety and welfare of its citizens; (3) a strong national energy program is needed to meet the present and future energy needs of the Nation consistent with overall national economic, environmental and social goals; (4) responsibility for energy policy, regulation, and research, development and demonstration is fragmented in many departments and agencies and thus does not allow for the comprehensive, centralized focus necessary for effective coordination of energy supply and conservation programs; and (5) formulation and implementation of a national energy program require the integration of major Federal energy functions into a single depaitment in the executive branch. PURPOSES

SEC. 102. The Congress therefore declares that the establishment 42 USC 7112. of a Department of Energy is in the public interest and will promote the general welfare by assuring coordinated and effective administration of Federal energy policy and programs. It is the purpose of this Act— (1) to establish a Department of Energy in the executive branch; (2) to achieve, throusfh the Department, effective management of energy functions of the Federal Government, including consultation with the heads of other Federal departments and agencies in order to encourage them to establish and observe polic'es consistent with a coordinated energy policy, and to promote maximum possible energy conservation measures in connection with the activities within their respective jurisdictions;

�


text:
Page:United States Statutes at Large Volume 91.djvu/602

 91 STAT. 568

'

•

'

PUBLIC LAW 95-91—AUG. 4, 1977 (3) to provide for a mechanism through which a coordinated national energy policy can be formulated and implemented to deal with the short-, mid- and long-term energy problems of the N a t i o n; and to develop plans and programs for dealing with domestic energy production and import shortages; (4) to create and implement a comprehensive energy conservation strategy that will receive the highest priority in the national energy program; (5) to carry out the planning, coordination, support, and management of a balanced and comprehensive energy research and development program, including— (A) assessing the requirements for energy research and development; (B) developing priorities necessary to meet those requirements; (C) undertaking programs for the optimal development of the various forms of energy production.and conservation; and (D) disseminating information resulting from such pro., (! grams, including disseminating information on the commercial feasibility and use of energy from fossil, nuclear, solar, geothermal, and other energy technologies; (6) to place major emphasis on the development and commercial use of solar, geothermal, recycling and other technologies utilizing renewable energy resources; (7) to continue and improve the effectiveness and objectivity of a central energy data collection and analysis program within the Department; (8) to facilitate establishment of an effective strategy for distributing and allocating fuels in periods of short supply and to provide for the administration of a national energy supply reserve; (9) to promote the interests of consumers through the provision of an adequate and reliable supply of energy at the lowest reasonable cost; (10) to establish and implement through the Department, in coordination with the Secretaries of State, Treasury, and Defense, policies regarding international energy issues that have a direct impact on research, development, utilization, supply, and conservation of energy in the United States and to undertake activities involving the integration of domestic and foreign policy relating to energy, including provision of independent technical advice to the President on international negotiations involving energy resources, energy technologies, or nuclear weapons issues, except that the Secretary of State shall continue to exercise p r i m a r y authority for the conduct of foreign policy relating to energy and nuclear nonproliferation. pursuant to policy guidelines established by the P r e s i d e n t; (11) to provide for the cooperation of Federal, State, and local governments in the development and implementation of national energy policies and program s; (12) to foster and assure competition among parties engaged in the supply of energy and fuels; (13) to assure incorporation of national environmental protection goals in the formulation and implementation of energy programs, and to advance the goals of restoring, protecting, and enhancing environmental quality, and assuring public health and safety;

�


text:
Page:United States Statutes at Large Volume 91.djvu/603

 PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 569

(14) to assure, to the maximum extent practicable, that the productive capacity of private enterprise shall be utilized in the development and achievement of the policies and purposes of this Act; (15) to provide for, encourage, and assist public participation in the development and enforcement of national energy programs; (16) to create an awareness of, and responsibility for, the fuel and energy needs of rural and urban residents as such needs pertain to home heating and cooling, transportation, agricultural production, electrical generation, conservation, and research and development; (17) to foster insofar as possible the continued good health of the Nation's small business firms, public utility districts, municipal utilities, and private cooperatives involved in energy production, transportation, research, development, demonstration, marketing, and merchandising; and (18) to provide for the administration of the functions of the Energy Research and Development Administration related to nuclear weapons and national security which are transferred to the Department by this Act. RELATIONSHIP W I T H STATES

SEC. 103. Whenever any proposed action by the Department conflicts 42 USC 7113. with the energy plan of any State, the Department shall give due consideration to the needs of such State, and where practicable, shall attempt to resolve such conflict through consultations with appropriate State officials. Nothing in this Act shall aifect the authority of any State over matters exclusively within its jurisdiction.

TITLE 11—ESTABLISHMENT OF THE DEPARTMENT ESTABLISHMENT

SEC. 201. There is hereby established at the seat of government an 42 USC 7131. executive department to be known as the Department of Energy. There shall be at the head of the Department a Secretary of Energy Secretary of (hereinafter in this Act referred to as the "Secretary"), who shall be Energy, appointed by the President by and with the advice and consent of the appointment and Senate. The Department shall be administered, in accordance with the confirmation. l)rovisions of this Act, under the supervision and direction of the Secretary. 1

PRINCIPAL OFFICERS

SEC. 202. (a) There shall be in the Department a Deputy Secretary, Deputy who shall be appointed by the President, by and with the advice and Secretary, consent of the Senate, and who shall be compensated at the rate pro- appointment and vided for level II of the Executive Schedule under section 5813 of title confirmation. 5, United States Code. The Deputy Secretary shall act for and exercise 42 USC 7132. the functions of the Secretary during the absence or disability of the Secretary or in the event the office of Secretary becomes vacant. The Secretary shall designate the order in which the Under Secretary and other officials shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Secretary or in the event of vacancies in both of those offices. (b) There shall be in the Department an Under Secretary and a Under Secretary General Counsel, who shall be appointed by the President, by and with ^"d General the advice and consent of the Senate, and who shall perform such Counsel, appointment and confirmation.

�


text:
Page:United States Statutes at Large Volume 91.djvu/604

 91 STAT. 570

PUBLIC LAW 95-91—AUG. 4, 1977 functions and duties as the Secretar}'' shall prescribe. The Under Secretary shall bear primary responsibility for energy conservation. The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code, and the General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. ASSISTANT SECRETARIES

Appointment and confirmation.

42 USC 7133.

Functions.

SEC. 203. (a) There shall be in the Department eight Assistant Secretaries, each of whom shall be appointed by the President, by and with the advice and consent of the Senate; who shall be compensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5, United States Code; and who shall perform, in accordance with applicable law, such of the functions transferred or delegated to, or vested in, the Secretary as he shall prescribe in accordance with the provisions of this Act. The functions which the Secretary shall assign to the Assistant Secretaries include, but are not limited to, the following: (1) Energy resource applications, including functions dealing with management of all forms of energy production and utilization, including fuel supply, electric power supply, enriched uranium production, energy technology programs, and the management of energy resource leasing procedures on Federal lands. (2) Energy research and development functions, including the responsibility for policy and management of research and development for all aspects of— (A) solar energy resources; (B) geothermal energy resources; r: i (C) recycling energy resources; (D) the fuel cycle for fossil energy resources; and (E) the fuel cycle for nuclear energy resources. (3) Environmental responsibilities and functions, including advising the Secretary with respect to the conformance of the Department's activities to environmental protection laws and principles, and conducting a comprehensive program of research and development on the environmental effects of energy technologies and programs. (4) International programs and international policy functions, including those functions which assist in carrying out the international energy purposes described in section 102 of this Act. (5) National security functions, including those transferred to the Department from the Energy Research and Development Administration which relate to management and implementation of the nuclear weapons program and other national security functions involving nuclear weapons research and development. (6) Intergovernmental policies and relations, including responsibilities for assuring that national energy policies are reflective of and responsible to the needs of State and local governments, and for assuring that other components of the Department coordinate their activities with State and local governments, where appropriate, and develop intergovernmental communications with State and local governments. (7) Competition and consumer affairs, including responsibilities for the promotion of competition in the energy industry and for the protection of the consuming public in the energy policymaking

�


text:
Page:United States Statutes at Large Volume 91.djvu/605

 PUBLIC LAW 95-91—AUG. 4, 1977 processes, and assisting the Secretary in the formulation and analysis of policies, rules, and regulations relating to competition and consumer affairs. (8) Nuclear waste management responsibilities, including— (A) the establishment of control over existing Government facilities for the treatment and storage of nuclear wastes, including all containers, casks, buildings, vehicles, equipment, ' and all other materials associated with such facilities; (B) the establishment of control over all existing nuclear waste in the possession or control of the Government and all commercial nuclear waste presently stored on other than the site of a licensed nuclear power electric generating facility, except that nothing in this paragraph shall alter or effect title to such waste; (C) the establishment of temporary and permanent facilities for storage, management, and ultimate disposal of nuclear wastes; (D) the establishment of facilities for the treatment of nuclear wastes; (E) the establishment of programs for the treatment, management, storage, and disposal of nuclear wastes; (F) the establishment of fees or user charges for nuclear waste treatment or storage facilities, including fees to be charged Government agencies; and (G) the promulgation of such rules and regulations to implement the authority described in this paragraph, except that nothing in this section shall be construed as granting to the Department regulatory functions presently within the Nuclear Regulatory Commission, or any additional functions than those already conferred by law. (9) Energy conservation functions, including the development of comprehensive energy conservation strategies for the Nation, the planning and implementation of major research and demonstration programs for the development of technologies and processes to reduce total energy consumption, the administration of voluntary and mandatory energy conservation programs, and the dissemination to the public of all available information on energy conservation programs and measures. (10) Power marketing functions, including responsibility for marketing and transmission of Federal power. (11) Public and congressional relations functions, including responsibilities for providing a continuing liaison between the Department and the Congress and the Department and the public. (b) At the time the name of any individual is submitted for confirmation to the position of Assistant Secretary, the President shall identify with particularity the function or functions described in subsection (a) (or any portion thereof) for which such individual will be responsible.

91 STAT. 571

Responsibilities, identification.

'^ '

FEDERAL ENERGY REGULATORY COMMISSION

SEC. 204. There shall be within the Department, a Federal Energy 42 USC 7134. Regulatory Commission established by title IV of this Act (hereinafter referred to in this Act as the "Commission"). The Chairman shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. The other members of the Commission shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of

�


text:
Page:United States Statutes at Large Volume 91.djvu/606

 91 STAT. 572

PUBLIC LAW 95-91—AUG. 4, 1977 title 5, United States Code. The Chairman and members of the Commission shall be individuals who, by demonstrated ability, background, training, or experience, are specially qualified to assess fairly the needs and concerns of all interests affected by Federal energy policy. ENERGY INFORMATION

Establishment. 42 USC 7135.

15 USC 796.

15 USC 790, 790b, 790h.

Annual audit. 15 USC 790d.

ADMINISTRATION

SEC. 205. (a)(1) There shall be within the Department an Energy Information Administration to be headed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for in level IV of the Executive Schedule under section 5315 of title 5, United States Code. The Administrator shall be a person who, by reason of professional background and experience, is specially qualified to manage an energy information system. (2) The Administrator shall be responsible for carrying out a central, comprehensive, and unified energy data and information program which will collect, evaluate, assemble, analyze, and disseminate data and information which is relevant to energy resource reserves, energy production, demand, and technology, and related economic and statistical information, or which is relevant to the adequacy of energy resources to meet demands in the near and longer term future for the Nation's economic and social needs. (b) The Secretary shall delegate to the Administrator (which delegation may be on a nonexclusive basis as the Secretary may determine may be necessary to assure the faithful execution of his authorities and responsibilities under law) the functions vested in him by law relating to gathering, analysis, and dissemination of energy information (as defined in section 11 of the Energy Supply and Environmental Coordination Act of 1974) and the Administrator may act in the name of the Secretary for the purpose of obtaining enforcement of such delegated functions. (c) In addition to, and not in limitation of the functions delegated to the Administrator pursuant to other subsections of this section, there shall be vested in the Administrator, and he shall perform, the functions assigned to the Director of the Office of Energy Information and Analysis under part B of the Federal Energy Administration Act of 1974, and the provisions of sections 53(d) and 59 thereof shall be applicable to the Administrator in the performance of any function under this Act. (d) The Administrator shall not be required to obtain the approval of any other officer or employee of the Department in connection with the collection or analysis of any information; nor shall the Administrator be required, prior to publication, to obtain the approval of any other officer or employee of the United States with respect to the substance of any statistical or forecasting technical reports which he has prepared in accordance with law. (e) The Energy Information Administration shall be subject to an annual professional audit review of performance as described in section 55 of part B of the Federal Energy Administration Act of 1974. (f) The Administrator shall, upon request, promptly provide any information or analysis in his possession pursuant to this section to any other administration, commission, or office within the Department which such administration, commission, or office determines relates to the functions of such administration, commission, or office.

�


text:
Page:United States Statutes at Large Volume 91.djvu/607

 PUBLIC LAW 95-91—AUG. 4, 1977 (g) Information collected by the Energy Information Administration shall be cataloged and, upon request, any such information shall be promptly made available to the public in a form and manner easily adaptable for public use, except that this subsection shall not require disclosure of matters exempted from mandatory disclosure by section r)r)'2(b) of title;•). United States Code. The provisions of section 11(d)' of the Energy Supply and Environmental Coordination Act of 1974, and section 17 of the Federal Nonnuclear Energy Research and Development Act of 1974, shall continue to apply to any information obtained by the Administrator under such provisions. (h)(1)(A) In addition to the acquisition, collection, analysis, and dissemination of energy information pursuant to this section, the Administrator shall identify and designate "major energy-producing companies" wJiicli alone or with their affiliates are involved in one or more lines of commerce in the energy industry so that the energy information collected from such major energy-producing companies shall provide a statistically accurate profile of each line of commerce in the energy industry in the United States. (B) In fulfilling the requirements of this subsection the Administrator shall— (i) utilize, to the maximum extent practicable, consistent with the faithful execution of his responsibilities under this Act, reliable statistical sampling techniques; and (ii) otherwise give priority to the minimization of the reporting of energy information by small business. (2) The Administrator shall develop and make effective for use during the second full calendar year following the date of enactment of this Act the format for an energy-producing company financial report. Such report shall be designed to allow comparison on a uniform and standardized basis among energy-producing companies and shall permit for the energy-related activities of such companies— (A) an evaluation of company revenues, profits, cash flow, and investments in total, for the energy-related lines of commerce in which such company is engaged and for all significant energyrelated functions within such company; (B) an analysis of the competitive structure of sectors and functional groupings within the energy industry; (C) the segregation of energy information, including financial information, describing company operations by energy source and geographic area; (D) the determination of costs associated with exploration, development, production, processing, transportation, and marketing and other significant energy-related functions within such company; and (E) such other analyses or evaluations as the Administrator finds is necessary to achieve the purposes of this Act. (3) The Administrator shall consult with the Chairman of the Securities and Exchange Commission with respect to the development of accounting practices required by the Energy Policy and Conservation Act to be followed by persons engaged in whole or in part in the production of crude oil and natural gas and shall endeavor to assure that the energy-producing company financial report described in paragraph (2) of this subsection, to the extent practicable and consistent with the purposes and provisions of this Act, is consistent with such accounting practices where applicable. (4) The Administrator shall require each major energy-producing company to file with the Administrator an energy-producing company

91 STAT. 573 Information, availability to public.

15 USC 796. 42 USC 5916. Major energyproducing companies, identification and designation.

Financial report, format.

Accounting practices, development. 42 USC 6201 note.

Annual financial report.

�


text:
Page:United States Statutes at Large Volume 91.djvu/608

 91 STAT. 574

Definitions.

PUBLIC LAW 95-91—AUG. 4, 1977 financial report on at least an annual basis and may request energy information described in such report on a quarterly basis if he determines that such quarterly report of information will substantially assist in achieving the purposes of this Act. (5) A summary of information gathered pursuant to this section, accompanied by such analysis as the Administrator deems appropriate, shall be included in the annual report of the Department required by subsection (a) of section 657 of this Act. (6) As used in this subsection the term— (A) "energy-producing company" means a person engaged in: (i) ownership or control of mineral fuel resources or nonmineral energy resources; (ii) exploration for, or development of, mineral fuel resources; (iii) extraction of mineral fuel or nonmineral energy resources; (iv) refining, milling, or otherwise processing mineral fuels or nonmineral energy resources; (v) storage of mineral fuels or nonmineral energyresources; (vi) the generation, transmission, or storage of electrical energy; (vii) transportation of mineral fuels or nonmineral energy resources by any means whatever; or (viii) wholesale or retail distribution of mineral fuels, nonmineral energy resources or electrical energy; (B) "energy industry" means all energy-producing companies; and (C) "person" has the meaning as set forth in section 11 of the Energy Supply and Environmental Coordination Act of 1974. (7) The provisions of section 1905 of title 18, United States Code, shall apply in accordance with its terms to any information obtained by the Administration pursuant to this subsection. ECONOMIC REGULATORY ADMINISTRATION

42 USC 7136.

SEC. 206. (a) There shall be within the Department an Economic Regulatory Administration to be headed by an Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at a rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. Such Administrator shall be, by demonstrated ability, background, training, or experience, an individual who is specially qualified to assess fairly the needs and concerns of all interests affected by Federal energy policy. The Secretary shall by rule provide for a separation of regulatory and enforcement functions assigned to, or vested in, the Administration. (b) Consistent with the provisions of title IV, the Secretary shall utilize the Economic Regulatory Administration to administer such functions as he may consider appropriate. COMPTROLLER GENERAL F U N C T I O N S

42 USC 7137. 15 USC 771.

S E C 207. The functions of the Comptroller General of the United States under section 12 of the Federal Energy Administration Act of 1974 shall apply with respect to the monitoring and evaluation of all functions and activities of the Department under this Act or any other Act administered by the Department.

�


text:
Page:United States Statutes at Large Volume 91.djvu/609

 PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 575

O m C E OF INSPECTOR GENERAL

SEC. 208. (a)(1) There shall be within the Department an Office of Inspector General to be headed by an Inspector General, who shall be appointed by the President, by and with the advice and consent of the Senate, solely on the basis of integrity and demonstrated ability and without regard to political affiliation. The Inspector General shall report to, and be under the general supervision of, the Secretary or, to the extent such authority is delegated, the Deputy Secretary, but shall not be under the control of, or subject to supervision by, any other officer of the Department. (2) There shall also be in the Office a Deputy Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate, solely on the basis of integrity and demonstrated ability and without regard to political affiliation. The Deputy shall assist the Inspector General in the administration of the Office and shall, during the absence oi' temporary incapacity of the Inspector General, oi- during a vacancy in that Office, act as Inspector General. (3) The Inspector General or the Deputy may be removed from office by the President. The Pi-esident shall communicate the reasons for any such removal to both Houses of Congress. (4) The Inspector General shall, in accordance with applicable laws and reguhitions governing the civil service, appoint an Assistant Inspector General for Audits and an Assistant Inspector General for Investigations. (5) The Inspector General shall be compensated at the rate provided for level l Y of the Executive Schedule under section 5315 of title 5, United States Code, and the Deputy Inspector General shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) I t shall be the duty and responsibility of the Inspector General— (1) to supervise, coordinate, and provide policy direction for auditing and investigative activities relating to the promotion of economy and efficiency in the administration of, or the prevention or detection of fraud or abuse in, programs and operations of the Department; (2) to recommend policies for, and to conduct, supervise, or coordinate other activities cairied out or financed by the Department for the purpose of promoting ecojiomy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its programs and operations; (3) to recommend policies for. and to conduct, supervise, or coordinate lelationships between the Department and other Federal agencies. State and IcK'al governmental agencies, and nongovernmental entities with respect to (A) all matters relating to the piomotion of economy and efficiency in the administration of, or the prevention and detection of fiaud and abuse in, programs and operations administered or financed by the Department, and (B) the identification and prosecution of paiticipants in such fraud or abuse; (4) to keep the Secretary and the Congiess fully and currently informed, by means of the reports required by subsection (c) and otherwise, concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of programs and operations administered or financed by the Department. to recommend corrective action concerning such problems, abuses, and deficiencies, and to report on the progress made in implementing such corrective action; and

TQ-IQU

n

Inspector General, appointment and confinnation.

42 USC 7138.

Deputy Inspector General, appointment and confirmation.

Assistant Inspector General for Audits and Assistant Inspector General for Investigations, appointment.

Duties and responsibilities.

�


text:
Page:United States Statutes at Large Volume 91.djvu/610

 91 STAT. 576

Report to Secretary of Energy, Federal Energy Regulatory Commission, and Congress.

Additional investigations and reports.

Additional authority.

PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 (5) to seek to coordinate his actions with the actions of the Comptroller General of the United States with a view to avoiding duplication. (c) The Inspector General shall, not later than March 31 of each year, submit a report to the Secretary, to the Federal Energy Regulatory Commission, and to the Congress summarizing the activities of the Office during the preceding calendar year. Such report shall include, but need not be limited to— (1) an identification and description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the Department disclosed by such activities; (2) a description of recommendations for corrective action made by the Office with respect to significant problems, abuses, or deficiencies identified and described under paragraph (1); (3) an evaluation of progress made in implementing recommendations descril>ed in the report or, where appropriate, in previous reports; and (4) a summary of matters referred to prosecutive authorities and the extent to which prosecutions and convictions have resulted. (d) The Inspector General shall report immediately to the Secretary, to the Federal Energy Regulatory Commission as appropriate, and, within thirty days thereafter, to the appropriate committees or subcommittees of the Congress whenever the Office becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of the Department. The Deputy and Assistant Inspectors General shall have particular responsibility for informing the Inspector General of such problems, abuses, or deficiencies. (e) The Inspector General (1) may make such additional investigations and reports relating to the administration of the programs and operations of the Department as are, in the judgment of the Inspector General, necessary or desirable, and (2) shall provide such additional information or documents as may be requested by either House of Congress or, with respect to matters within their jurisdiction, by any committee or subcommittee thereof. (f) Notwithstanding any other provision of law, the reports, information, or documents required by or mider this section shall be transmitted to the Secretary, to the Federal Energy Regulatory Commission, if applicable, and to the Congress, or committees or subcommittees thereof, by the Inspector General without further clearance or approval. The Inspector General shall, insofar as feasible, provide copies of the reports required under subsection (c) to the Secretary and the Commission, if applicable, sufficiently in advance of the due date for the submission to Congress to provide a reasonable opportunity for comments of the Secretary and the Commission to be appended to the reports when submitted to Congress. (g) I n addition to the authority otherwise provided by this section, the Inspector General, in carrying out the provisions of this section, is authorized— (1) to have access to all records, reports, audits, reviews, documents, papers, recommendations, and other material available to the Department which relate to programs and operations with respect to which the Inspector General has responsibilities under this section;

�


text:
Page:United States Statutes at Large Volume 91.djvu/611

 PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 577

(2) to require by subpena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the functions assigned by this section, which subpena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court; and (3) to have direct and prompt access to the Secretary when necessary for any purpose pertaining to the performance of functions under this section. OFFICE o r EXERGY RESEARCH

SEC. 209. (a) There shall be within the Department an Office of Energy Research to be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) It shall be the duty and responsibility of the Director— (1) to advise the Secretary with respect to the physical research program transferred to the Department from the Energy Research and Development Administration; (2) to monitor the Department's energy research and development programs in order to advise the Secretary with respect to any undesirable duplication or gaps in such programs; (3) to advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the Department, excluding laboratories that constitute part of the nuclear weapons complex; (4) to advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department; (5) to advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and longterm basic and applied research activities of the Department; and (6) to carry out such additional duties assigned to the Office by the Secretary relating to basic and applied research, including but not limited to supervision or support of research activities carried out by any of the Assistant Secretaries designated by section 203 of this Act. as the Secretary considers advantageous. LEASING LIAISON

Director. 42 USC 7139.

Duties and responsibilities.

COMMITTEE

SEC. 210. There is hereby established a Leasing Liaison Committee which shall be composed of an equal number of members appointed by the Secretary and the Secretary of the Interior.

Establishment. 42 USC 7140.

TITLE III—TRANSFERS OF FUNCTIONS GENERAL

TRANSFERS

SEC. 301. (a) Except as otherwise provided in this Act, there are hereby transferred to, and vested in, the Secretary all of the functions vested by law in the Administrator of the Federal Energy Administration or the Federal Energy Administration, the Administrator of the Energy Research and Development Administration or the Energy Research and Development Administration; and the functions vested

Federal Energy Administration and Energy Research and Development Administration. 42 USC 7151.

�


text:
Page:United States Statutes at Large Volume 91.djvu/612

 91 STAT. 578 Federal Power Commission.

PUBLIC LAW 95-91—AUG. 4, 1977 by law in the officers and components of either such Administration. (b) Except as provided in title IV, there are hereby transferred to, and vested in, the Secretary the function of the Federal Power Commission, or of the members, officers, or components thereof. The Secretary may exercise any power described in section 402(a)(2) to the extent the Secretary determines such power to be necessary to the exercise of any function within his jurisdiction pursuant to the preceding sentence. TRANSFERS FROM THE DEPARTMENT OF THE

42 USC 7152. 16 USC 825s.

16 USC 832. 16 USC 838 note.

68 Stat. 255. 77 Stat. 475.

Federal leases. 43 USC 1331 note. 30 USC 181 note, 351 note.

INTERIOR

SEC. 302. (a)(1) There are hereby transferred to, and vested in, the Secretary all functions of the Secretary of the Interior under section 5 of the Flood Control Act of 1944, and all other functions of the Secretary of the Interior, and officers and components of the Department of the Interior, with respect to— (A) the Southeastern Power Administration; (B) the Southwestern Power Administration; (C) the Alaska Power Administration; (D) the Bonneville Power Administration including but not limited to the authority contained in the Bonneville Project Act of 1937 and the Federal Columbia River Transmission System Act; (E) the power marketing functions of the Bureau of Reclamation, including the construction, operation, and maintenance of transmission lines and attendant facilities; and (F) the transmission and disposition of the electric power and energy generated at Falcon Dam and Amistad Dam, international storage reservoir projects on the Rio Grande, pursuant to the Act of June 18, 1954, as amended by the Act of December 23, 1963. (2) The Southeastern Power Administration, the Southwestern Power Administration, the Bonneville Power Administration, and the Alaska Power Administration shall be preserved as separate and distinct organizational entities within the Department. Each such entity shall be headed by an Administrator appointed by the Secretary. The functions transferred to the Secretary in paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) shall be exercised by the Secretary, acting by and through such Administrators. Each such Administrator shall maintain his principal office at a place located in the region served by his respective Federal power marketing entity. (3) The functions transferred in paragraphs (1)(E) and (1)(F) of this subsection shall be exercised by the Secretary, acting by and through a separate and distinct Administration within the Department which shall be headed by an Administrator appointed by the Secretary. The Administrator shall establish and shall maintain such regional offices as necessary to facilitate the performance of such functions. Neither the transfer of functions effected by paragraph (1)(E) of this subsection nor any changes in cost allocation or project evaluation standards shall be deemed to authorize the reallocation of joint costs of multipurpose facilities theretofore allocated unless and to the extent that such change is hereafter approved by Congress. (b) There are hereby transferred to, and vested in, the Secretary the functions of the Secretary of the Interior to pronmlgate regulations under the Outer Continental Shelf Lands Act, the Mineral Lands Leasing Act, the Mineral Leasing Act for Acquired Lands, the Geo-

�


text: Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/413


text:
Page:United States Statutes at Large Volume 91.djvu/613

 PUBLIC LAW 95-91—AUG. 4, 1977 thermal Steam Act of 1970, and the Energy Policy and Conservation Act, which relate to the— (1) fostering of competition for Federal leases (including, but not limited to, prohibition on bidding for development rights by certain types of joint ventures); (2) implementation of alternative bidding systems authorized for the award of Federal leases; (3) establishment of diligence requirements for operations conducted on Federal leases (including, but not limited to, procedures relating to the g r a n t i n g or ordering by the Secretary of the Interior of suspension of operations or production as they relate to such requirements); (4) setting rates of production for Federal leases; and (5) specifying the procedures, terms, and conditions for the acquisition and disposition of Federal royalty interests taken in kind. (c) There are hereby transferred to, and vested in, the Secretary all the functions of the Secretary of the Interior to establish production rates for all Federal leases. (d) There are hereby transferred to, and vested in, the Secretary those functions of the Secretary of the Interior, the Department of the Interior, and officers and components of that Department under the Act of ^lay 15, 1910, and other authorities, exercised by the Bureau of Mines, but limited to— (1) fuel supply and demand analysis and data g a the r i n g; (2) research and development relating to increased efficiency of production technology of solid fuel minerals, other than research relating to mine health and safety and research relating to the environmental and leasing consequences of solid fuel mining (which shall remain in the Department of the Interior); and (3) coal preparation and analysis. ADMINISTRATION OF LEASING

91 STAT. 579 30 USC 1001 °ote. '*^ ^^^ ^^^^ °*'*^'

Production rates,

30 USC 1,3,5-7.

TRANSFERS

SEC. 303. (a) The Secretary of the Interior shall retain any authorities not transferred under section 302(b) of this Act and shall be solely responsible for the issuance and supervision of Federal leases and the enforcement of all regulations applicable to the leasing of mineral resources, including but not limited to lease terms and conditions and production r-ates. No regulation promulgated by the Secretary shall restrict or limit any authority retained by the Secretary of the Interior under section 302(b) of this Act with respect to the issuance or supervision of Federal leases. Nothing in section 302(b) of this Act shall be construed to affect Indian lands and resources or to transfer any functions of the Secretary of the Interior concerning such lands and resources. (b) I n exercising the authority under section 302(b) of this Act to promulgate regulations, the Secretary shall consult with the Secretary of the Interior during the preparation of such regulations and shall afford the Secretary of the Interior not less than t h i r t y days, prior to the date on which the Department first publishes or otherwise prescribes regulations, to comment on the content and effect of such regulations. (c)(1) The Secretary of the Interior shall afford the Secretary not less than thirty days, prior to the date on which the Department of the Interior first publishes or otherwise prescribes the terms and conditions on which a Federal lease will be issued, to disapprove any term

Federal leasing of mineral resources.

42 USC 7153.

Indian lands.

Regulations,

Terms and conditions, disapproval.

�


text:
Page:United States Statutes at Large Volume 91.djvu/614

 91 STAT. 580

Environmental impact statements.

42 USC 4332.

PUBLIC LAW 95-91—AUG. 4, 1977 or condition of such lease which relates to any matter with respect to which the Secretary has authority to promulgate regulations under section 302(b) of this Act. No such term or condition may be included in such a lease if it is disapprov^ed by the Secretary. The Secretary and the Secretary of the Interior may by agreement define circumstances under which a reasonable opportunity of less than thirty days may be afforded the Secretary to disapprove such terms and conditions. (2) Where the Secretary disapproves any lease, term, or condition under paragraph (1) of this subsection he shall furnish the Secretary of the Interior with a detailed written statement of the reasons for his disapproval, and of the alternatives which would be acceptable to him. (d) The Department of the Interior shall be the lead agency for the purpose of preparation of an environmental impact statement required by section 102(2)(C) of the National Environmental Policy Act of 1969 for any action with respect to the Federal leases taken under the authority of this section, unless the action involves only matters within the exclusive authority of the Secretary. ?. TRANSFERS FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Energy conservation standards for new buildings. 42 USC 7154. 42 USC 6833.

42 USC 6831 note.

12 USC 1701Z-8.

SEC. 304. (a) There is hereby transferred to, and vested in, the Secretary the functions vested in the Secretary of Housing and Urban Development pursuant to section 304 of the Energy Conservation Standards for New Buildings Act of 1976, to develop and promulgate energy conservation standards for new buildings. The Secretary of Housing and Urban Development shall provide the Secretary with any necessary technical assistance in the development of such standards. All other responsibilities, pursuant to title III of the Energy Conservation and Production Act, shall remain with the Secretary of Housing and Urban Development, except that the Secretary shall be kept fully and currently informed of the implementation of the promulgated standards. (b) There is hereby transferred to, and vested in, the Secretary the functions vested in the Secretary of Housing and Urban Development pursuant to section 509 of the Housing and Urban Development Act of 1970. COORDINATION W I T H THE DEPARTMENT OF TRANSPORTATION

15 USC 2002. Average fuel economy standards.

SEC. 305. Section 502 of the Motor Vehicle Information and Cost Savings Act is amended at the end thereof by adding the following new subsections: "(g) The Secretary shall consult with the Secretary of Energy in carrying out his responsibilities under this section. The Secretary shall, before issuing any notice proposing under subsection (a), (b), (d), or (f) of this section, to establish, reduce, or amend an average fuel economy standard, provide the Secretary of Energy with a period of not less than ten days from the receipt of the notice during which the Secretary of Energy may, upon concluding that the proposed standard would adversely affect the conservation goals set by the Secretary of Energy, provide written comments to the Secretary concerning the impacts of the proposed standard upon those goals. To the extent that the Secretary does not revise the proposed standard to take into account any comments by the Secretary of Energy regarding the level of the proposed standard, the Secretary shall include the unaccommodated comments in the notice.

�


text:
Page:United States Statutes at Large Volume 91.djvu/615

 91 STAT. 581

PUBLIC LAW 95-91—AUG. 4, 1977

" (h) The Secretary shall, before taking action on any final standard Notice, under this section or any modification of or exemption from such standard, notify the Secretary of Energy and provide such Secretary with a reasonable period of time to comment thereon.". TRA^rSFER FROM THE INTERSTATE COMMERCE COMMISSION

SEC. 306. Except as provided in title IV, there are hereby transferred to the Secretary such functions set forth in the Interstate Commerce Act and vested'by law in the Interstate Commerce Commission or the Chairman and members thereof as relate to transportation of oil by pipeline.

Transportation of oil by pipeline. 42 USC 7155. 49 USC prec. 1 note.

TRANSFERS FROM THE DEPARTMENT OF THE NAVY

SEC. 307. There are hereby transferred to and vested in the Secretary all functions vested by chapter 641 of title 10, United States Code, in the Secretary of the Navy as they relate to the administration of and jurisdiction over— (1) Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated September 2, 1912; (2) Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, California, established by Executive order of the President, dated December 13, 1912; (3) Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, established by Executive order of the President, dated April 30, 1915; (4) Oil Shale Reserve Numbered 1, located in Colorado, established by Executive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919; (5) Oil Shale Reserve Numbered 2, located in Utah, established by Executive order of the President, dated December 6, 1916; and (6) Oil Shale Reserve Numbered 3, located in Colorado, established by Executive order of the President, dated September 27, 1924. In the administration of any of the functions transferred to, and vested in, the Secretary by this section the Secretary shall take into consideration the requirements of national security.

eertain naval petroleum reserves. 42 USC 7156. 10 USC 7421.

TRANSFERS FROM THE DEPARTMENT OF COMMERCE

SEC. 308. There are hereby transferred to, and vested in, the Secretary all functions of the Secretary of Commerce, the Department of Commerce, and officers and components of that Department, as relate to or are utilized by the Office of Energy Programs, but limited to industrial energy conservation programs. NAVAL REACTOR AND MILITARY APPLICATION

Industrial energy conservation programs. 42 USC 7157.

PROGRAMS

SEC. 309. (a) The Division of Naval Reactors established pursuant 42 USC 7158. to section 25 of the Atomic Energy Act of 1954, and responsible for 42 USC 2035. research, design, development, health, and safety matters pertaining to naval nuclear propulsion plants and assigned civilian power reactor programs is transferred to the Department under the Assistant Secretary to whom the Secretary has assigned the function listed in section 203(a)(2)(E), and such organizational unit shall be deemed to be an organizational unit established by this Act.

�


text:
Page:United States Statutes at Large Volume 91.djvu/616

 91 STAT. 582 42 USC 2035. 42 USC 2037.

PUBLIC LAW 95-91—AUG. 4, 1977 (b) The Division of Military Application, established by section 25 of the Atomic Energy Act of 1954, and the functions of the Energy Research and Development Administration with respect to the Military Liaison Committee, established by section 27 of the Atomic Energy Act of 1954, are transferred to the Department under the Assistant Secretary to whom the Secretary has assigned those functions listed in section 203(a)(5), and such organizational units shall be deemed to be organizational units established by this Act. TRANSFER TO THE DEPARTMENT OF TRANSPORTATION

Van pooling and carpooling. 42 USC 7159. 42 USC 6361.

SE(. 310. Notwithstanding section 301(a), there are hereby transferred to, and vested in, the Secretary of Transportation all of the functions vested in the Administrator of the Federal Energy Administration by section 381(b)(1)(B) of the P^nergy Policy and Conservation Act.

TITLE IV—FEDERAL ENERGY REGULATORY COMMISSION APPOINTMENT AND

Establishment.

42 USC 7171. Members.

ADMINISTRATION

SEC. 401. (a) There is hereby establislied within the Department an independent regulatory commission to be known as the Federal Energy Regulatory Commission. (b) The Commission shall be composed of five members appointed by the President, by and with the advice and consent of the Senate. One of the members shall be designated by the President as Chairman. Members shall hold office for a term of four years and may be removed by the Piesideiit only for inefficiency, neglect of duty, or malfeasance in office. The terms of the members first taking office shall expire (as designated by the I'resident at the time of appointment), two at the end of two years, two at the end of three years, and one at the end of four years. Not more than three members of the Commission shall be members of the same political party. Any Commissioner appointed to fill a vacancy occurring jjrior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A Commissioner may contiinie to serve after the expiration of his term until his successor has taken office, except that he may not so continue to serve for more than one year after the date on which his tenn would otherwise expire under this subsection. Members of the Connnission shall not engage in any other business, vocation, or employment while serving on the Commission. (c) The Chairman shall be responsible on behalf of the Commission for the executive and administrative operation of the Commission, including functions of the Commission with respect to (1) the appointment and employment of hearing examiners in accordance with the provisions of title 5, United States Code, (2) the selection, appointment, and fixing of the compensation of such personnel as he deems necessary, including an executive director, (3) the supervision of personnel employed by or assigned to the Commission, except that each member of the Commission may select and supervise personnel for his personal staff, (4) the distribution of business among personnel and among administrative units of the Commission, and (5) the procurement of services of experts and consultants in accordance with section 3109 of title 5, United States Code. The Secretary shall provide to the Commission such support and facilities as the Commission determines it needs to carry out its functions.

�