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Page:United States Statutes at Large Volume 91.djvu/617

 PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 (d) I n the performance of their functions, the members, employees, or other personnel of the Commission shall not be responsible to or subject to the supervision or direction of any officer, emploj^ee, or agent of any other part of the Department. (e) The Chairman of the Commission may designate any other member of the Commission as Acting Chairman to act in the place and stead of the Chairman during his absence. The Chairman (or the Acting Chairman in the absence of the Chairman) shall preside at all sessions of the Coir.mission and a quorum for the transaction of business shall consist of at least three members present. Each member of the Commission, including the Chairman, shall have one vote. Actions of the Commission shall be determined by a majority vote of the members present. The Commission shall have an official seal which shall bc^ judicially noticed. (f) The Commission is authorized to establish such procedural and administrative rules as are necessary to the exercise of its functions. Until changed by the Commission, any procedural and administrative rules applicable to particular functions over which the Commission has jurisdiction shall continue in effect with respect to such particular functions. (g) I n carrying out any of its functions, the Commission shall have the powers authorized by the law under which such function is exercised to hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States it may designate. The Commission may, by one or more of its members or by such agents as it may designate, conduct any hearing or other inquiry necessary or appropriate to its functions, except that nothing in this subsection shall be deemed to supersede the provisions of section 556 of title 5, United States Code relating to hearing examiners. (h) The principal office of the Commission shall be in or near the District of Columbia, where its general sessions shall be held, but the Commission may sit anywhere in the United States. (i) For the purpose of section 552b of title 5, United States Code, the Commission shall be deemed to be an agency. Except as provided in section 518 of title 28, United States Code, relating to litigation before the Supreme Court, attorneys designated by the Chairman of the Commission may appear for, and represent the Commission in, any civil action brought in connection with any function carried out by the Connnission pursuant to this Act or as otherwise authorized by law. (j) I n each annual authorization and appropriation request under this Act, the Secretary shall identify the portion thereof intended for the support of the Commission and include a statement by the Commission (1) showing the amount requested by the Commission in its budgetary presentation to the Secretary and the Office of Management and Budget and (2) an assessment of the budgetary needs of the Commission. Whenever the Commission submits to the Secretary, the l*r;^sident. or the Office of Management and Bud.<»-et, any legislative recommendation or testimony, or comments on legislation, prepared for submission to Congress, the Commission shall concurrently transmit a copy thereof to the appropriate committees of Congress.

91 STAT. 583

Acting Chairman, designation. Quorum.

Seal. Rules.

Hearings,

Appropriation authorization.

Legislative recommendations, copies to congressional committees.

JURISDICTION o r THE COMMISSION

SEC. 402. (a)(1) There are hereby transferred to, and vested in, the Transfer of Commission the following functions of the Federal Power Commission functions. or of any member of the Commission or any officer or component of 42 USC 7172. the Commission:

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Page:United States Statutes at Large Volume 91.djvu/618

 91 STAT. 584

16 USC 792.

16 USC 824. 16 USC 824a.

15 USC 717, 717c, 717d, '^' 15USe717f. 15 USC 717w. 16 USC 791a.

16 USC 797, 825, 825a, 825e-825h, 15 lisr 717 Yjy^ ^' 717/-^717p, 717s, int.

15 USC 753. 15 USC 757, 760a. 42 USC 6421.

PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 (A) the investigation, issuance, transfer, renewal, revocation, and enforcement of licenses and permits for the construction, operation, and maintenance of dams, water conduits, reservoirs, powerhouses, transmission lines, or other works for the development and improvement of navigation and for the development and utilization of power across, along, from, or in navigable waters under part I of the Federal Power Act; (B) the establishment, review, and enforcement of rates and charges for the transmission or sale of electric energy, including determinations on construction work in progress, under part II of the P^ederal Power Act, and the interconnection, under section 2 0 2 (b), of such Act, of facilities for the generation, transmission, and sale of electric energy (other than emergency interconnection); (C) the establishment, review, and enforcement of rates and charges for the transportation and sale of natural gas by a producer or gatherer or by a natural gas pipeline or natural gas company under sections 1, 4, 5, and 6 of the Natural Gas Act; (])) the issuance of a certificate of public convenience and necessity, including abandonment of facilities or services, and the establishment of physical connections under section 7 of the NaturalGasAct; (E) the establishment, review, and enforcement of curtailments, other than the establishment and review of priorities for such curtailments, under the Natural Gas Act; and (F) the regulation of mergers and securities acquisition undeithe Federal Power Act and N a t u r a l Gas Act. (2) The Commission may exercise any power under the following sections to the extent the Connnission determines such power to be necessary to the exercise of any function within the jurisdiction of the Commission: (A) sections 4, 301, 302, 306 through 309, and 312 through 316 of the Federal Power Act; and (B) sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas j^^^^ ^^) There are hereby transferred to, and vested in, the Commission all functions and authority of the Interstate Commerce Commission or any officer or component of such Commission where the regulatory function establishes rates or charges for the transportation of oil by pipeline or establishes the valuation of any such pipeline. (c)(1) Pursuant to the procedures specified in section 404 and except as provided in paragraph (2), the Commission shall have jurisdiction to consider any proposal by the Secretary to amend the regulation required to be issued under section 4(a) of the Emergency Petroleum Allocation Act of 1973 which is required by section 8 or 12 of such Act to be transmitted by the President to, and reviewed by, gach House of Congress, under section 551 of the Energy Policy and Conservation Act. (2) I n the event that the President determines that an emergency situation of overriding national importance exists and requires the expeditious promulgation of a rule described in paragraph (1), the President may direct the Secretary to assume sole jiirisdiction over the promulgation of such rule, and such rule shall be transmitted by the President to, and reviewed by, each House of Congress under section 8 or 12 of the Emergency Petroleum Allocation Act of 1973, and section 551 of the Energy Policy and Conservation Act.

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Page:United States Statutes at Large Volume 91.djvu/619

 PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 (d) The Commission shall have jurisdiction to hear and determine any other matter arising under any other function of the Secretary— (1) involving any agency determination required by law to be made on the record after an opportunity for an agency h e a r i n g; or (2) involving any other agency determination which the Secretary determines shall be made on the record after an opportunity for an agency hearing, except that nothing in this subsection shall require that functions under sections 105 and 106 of the Energy Policy and Conservation Act shall be within the jurisdiction of the Commission unless the Secretary assigns such a function to the Commission. (e) I n addition to the other provisions of this section, the Commission shall have jurisdiction over any other matter which the Secretary may assign to the Commission after public notice, or which are required to be referred to the Commission pursuant to section 404 of this Act. (f) No function described in this section which regulates the exports or imports of natural gas or electricity shall be within the jurisdiction of the Commission unless the Secretary assigns such a function to the Commission. (g) The decision of the Commission involving any function within its jurisdiction, other than action by it on a matter referred to it pursuant to section 404, shall be final agency action within the meaning of section 704 of title 5, United States Code, and shall not be subject to further review by the Secretary or any officer or employee of the Department. (h) The Commission is authorized to prescribe rules, regulations, and statements of policy of general applicability with respect to any function under the jurisdiction of the Commission pursuant to section 402.

91 STAT. 585 Hearing,

42 USC 6213, 6214. Notice.

Limitation.

Review, limitation.

Rules, regulations, and statements of policy.

I N I T I A T I O N OF RULEMAKING PROCEEDINGS BEFORE COMMISSION

SEC. 403. (a) The Secretary and the Commission are authorized to propose rules, regulations, and statements of policy of general applicability with respect to any function within the jurisdiction of the Commission under section 402 of this Act. (b) The Commission shall have exclusive jurisdiction with respect to any proposal made under subsection (a), and shall consider and take final action on any proposal made by the Secretary under such subsection in an expeditious manner in accordance with such reasonable time limits as may be set by the Secretary for the completion of action by the Commission on any such proposal. (c) Any function described in section 402 of this Act which relates to the establishment of rates and charges under the Federal Power Act or the Xatural Gas Act, may be conducted by rulemaking procedures. Except as provided in subsection (d), the procedures in such a rulemaking proceeding shall assure full consideration of the issues and an opportunity for interested persons to present their views. (d) W i t h respect to any rule or regulation promulgated by the Commission to establish rates and charges for the first sale of natural gas by a producer or gatherer to a natural gas pipeline under the Xatural Gas Act, the Commission may afford any interested person a reasonable opportunity to submit written questions with respect to disputed issues of fact to other interested persons participating in the rulemaking proceedings. The Commission may establish a reasonable time for both the submission of questions and responses thereto.

42 USC 7173.

,

16 USC 791a. 15 USC 717w.

Written questions and responses,

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Page:United States Statutes at Large Volume 91.djvu/620

 91 STAT. 586

PUBLIC LAW 95-91—AUG. 4, 1977 REFERRAL OF OTHER RULEMAKING PROCEEDINGS TO COMMISSION

42 USC 7174.

Public comment.

Recommendations, publication.

SEC. 404. (a) Except as provided in section 403, whenever the Secretary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function which is transferred to the Secretary under section 301 or 306 of this Act, he shall notify the Commission of the proposed action. If the Commission, in its discretion, determines within such period as the Secretary may prescribe, that the proposed action may significantly affect any function within the jurisdiction of the Commission pursuant to section 402(a)(1), (b), and (c)(1), the Secretary shall immediately^ refer the matter to the Commission, which shall provide an opportunity for public comment. (b) Following such opportunity for public comment the Commission, after consultation with the Secretary, shall either— (1) concur in adoption of this rule or statement as proposed by the Secretary; (2) concur in adoption of the rule or statement only with such changes as it may recommend; or (3) recommend that the rule or statement not be adopted. The Commission shall promptly publish its recommendations, adopted under this subsectioUj along with an explanation of the reason for its actions and an analysis of the major comments, criticisms, and alternatives offered during the comment period. (c) Following publication of the Commission's recommendations the Secretary shall have the option of— (1) issuing a final rule or statement in the form initially proposed by the Secretary if the Commission has concurred in such rule pursuant to subsection (b)(1); (2) issuing a final rule or statement in amended form so that the rule conforms in all respects with the changes proposed by the Commission if the Commission has concurred in such rule or statement pursuant to subsection (b)(2); or (3) ordering that the rule shall not be issued. The action taken by the Secretary pursuant to this subsection shall constitute a final agency action for purposes of section 704 of title 5, United States Code. RIGHT o r SECRETARY TO INTERVENE I N COMMISSION PROCEEDINGS

42 USC 7175.

SEC. 405. The Secretary may as a matter of right intervene or otherwise participate in any proceeding before the Commission. The Secretary shall comply with rules of procedure of general applicability governing the timing of intervention or participation in such proceeding or activity and, upon intervening or participating therein, shall comply with rules of procedure of general applicability governing the conduct thereof. The intervention or participation of the Secretary in any proceeding or activity shall not affect the obligation of the Commission to assure procedure fairness to all participants. REORGANIZATION

42 USC 7176. SEC. 406. For the purposes of chapter 9 of title 5, United States 5 USC 901 et seq. Code, the Commission shall be deemed to be an independent regulatory agency.

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Page:United States Statutes at Large Volume 91.djvu/621

 PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 587

ACCESS TO INFORMATION

SEC. 407. (a) The Secretary, each officer of the Department, and each Federal agency shall provide to the Commission, upon request, such existing information in the possession of the Department or other Federal agency as the Commission determines is necessary to carry out its responsibilities under this Act. (b) The Secretary, in formulating the information to be requested in the reports or investigations under section 304 and section 311 of the Federal Power Act and section 10 and section 11 of the Natural Gas Act, shall include in such reports and investigations such specific information as requested by the Federal Energy Regulatory Commission and copies of all reports, information, results of investigations and data under said sections shall be furnished by the Secretary to the Federal Energy Regulatory Commission.

42 USC 7177.

16 USC 825c, 825j. 15 USC 717i, 717j.

TITLE V—ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW PROCEDURES

SEC. 501. (a)(1) Subject to the other requirements of this title, the 42 USC 7191. provisions of subchapter II of chapter 5 of title 5, United States Code, 5 USC 551. shall apply in accordance with its terms to any rule or regulation, or any order having the applicability and effect of a rule (as defined in section 551(4) of title 5, United States Code), issued pursuant to authority vested by law in, or transferred or delegated to, the Secretary, or required by this Act or any other Act to be carried out by any other officer, employee, or component of the Department, other than the Commission, including any such rule, regulation, or order of a State, or local government agency or officer thereof, issued pursuant to authority delegated by the Secretary in accordance with this title. If any provision of any Act, the functions of which are transferred, vested, or delegated pursuant to this Act, provides administrative procedure requirements in addition to the requirements provided in this title, such additional requirements shall also apply to actions under that provision. (2) Notwithstanding paragraph (1), this title shall apply to the Commission to the same extent this title applies to the Secretary in the exercise of any of the Commission's functions under section 402 (c)(1) or which the Secretary has assigned under section 402(e). (b)(1) In addition to the requirements of subsection (a) of this Publication in section, notice of any proposed rule, regulation, or order described in. Federal Register. subsection (a) shall be given by publication of such proposed rule, regulation, or order in the Federal Register. Such publication shall he Statement. accompanied by a statement of the research, analysis, and other available information in support of, the need for, and the probable effect of, any such proposed rule, regulation, or order. Other effective means of publicity shall be utilized as may be reasonably calculated to notify concerned or affected persons of the nature and probable effect of any such proposed rule, regulation, or order. In each case, a minimum of Minimum thirty days following such publication shall be provided for an oppor- comment period. tunity to comment prior to promulgation of any such rule, regulation, or order. (2) Public notice of all rules, regulations, or orders described in Notice. subsection (a) which are promulgated by officers of a State or local government agency pursuant to a delegation under this Act shall be

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Page:United States Statutes at Large Volume 91.djvu/622

 91 STAT. 588

Rulemaking procedure, certain exceptions, prohibition.

Oral presentations.

Transcript. Explanation.

Waiver.

Hearing.

PUBLIC LAW 95-91—AUG. 4, 1977 provided by publication of such proposed rules, regulations, or orders in at least t\YO ne^A-spapers of statewide circulation. If such publication is not practicable, notice of any such rule, regulation, or order shall be given by such other means as the officer promulgating such rule, regulation, or order determines will reasonably assure wide public notice. (.3) For the purposes of this title, the exception from the requirements of section 558 of title 5, Ignited States Code, provided by subsection (a)(2) of such section with respect to public property, loans, grants, or contracts shall not be available. (c)(1) If the Secretary determines, on his own initiative or in response to any showing made pursuant to paragraph (2) (with respect to a proposed rule, regulation, or order described in subsection (a)) that no substantial issue of fact or law exists and that such rule, regulation, or order is unlikely to have a substantial impact on the Xation's economy or large numbers of individuals or businesses, such proposed rule, regulation, or order may be promulgated in accordance with section 55.3 of title 5, United States Code. If.the Secretary determines that a substantial issue of fact or law exists or that such rule, regulation, or order is likely to have a substantial impact on the Nation's economy or large numbers of individuals or businesses, an opportunity for oral presentation of views, data, and arguments shall be provided. (2) Any person, who would be adversely affected by the implementation of any proposed rule, regulation, or order Avho desires an opportunity for oral presentation of views, data, and arguments, may submit material supporting the existence of such substantial issues or such impact. {?>) A transcript shall be kept of any oral presentation with respect to a rule, regulation, or order described in subsection (a). (d) Following the notice and comment period, including any oral presentation required by this subsection, the Secretary may promulgate a rule if the rule is accompanied by an explanation responding to the major comments, criticisms, and alternatives offered during the comment period. (e) The requirements of subsections (b), (c), and (d) of this section may be waived where strict compliance is found by the Secretary to be likely to cause serious h a r m or injury to the public health, safety, or welfare, and such finding is set out in detail in such rule, regulation, or order. I n the event the requirements of this section are waived, the requirements shall be satisfied within a reasonable period of time subsequent to the promulgation of such rule, regulation, or order. (f)(1) W i t h respect to any rule, regulation, or order described in subsection (a), the effects of which, except for indirect effects of an inconsequential nature, are confined to— (A) a single unit of local government or the residents thereof; (B) a single geographic area within a State or the residents thereof; or , ^.,, (C) a single State or the residents thereof; the Secretary shall, in any case w'here appropriate, afford an opportunity for a hearing or the oral presentation of views, and provide procedures for the holding of such hearing or oral presentation within the boimdaries of the unit of local government, geographic area, or State described in paragraph s (A) through (C) of this paragraph as the case may be.

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Page:United States Statutes at Large Volume 91.djvu/623

 PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 589

(2) For the purposes of this subsection— Definitions. (A) the term ''unit of local government" means a county, municipality, town, township, village, or other unit of general government below the State level; and (B) the term "geographic area within a State" means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government, (3) Nothing in this subsection shall be construed as requiring a hearing or an oral presentation of views where none is required by this section or other provision of law. (g) Where authorized by any law vested, transferred, or delegated pursuant to this Act, the Secretary may, by rule, prescribe procedures for State or local government agencies authorized by the Secretary to carry out such functions as may be permitted under applicable law. Such procedures shall apply to such agencies in lieu of this section, Notice, and shall require that prior to taking any action, such agencies shall take steps reasonably calculated to provide notice to persons who may be affected by the action, and shall afford an opportunity for presentation of views (including oral presentation of views where practicable) within a reasonable time before taking the action.

JUDICIAL REVIEW

SEC. 502. (a) Judicial review of agency action taken under any law 42 USC 7192. the functions of which are vested by law in, or transferred or delegated to the Secretary, the Commission or any officer, employee, or component of the Department shall, notwithstanding such vesting, transfer, or delegation, be made in the manner specified in or for such law. (b) Notwithstanding the amount in controversy, the district courts Jurisdiction. of the United States shall have exclusive original jurisdiction of all other cases or controversies arising exclusively under this Act, or under rules, regulations, or orders issued exclusively thereunder, other than any actions taken to implement or enforce any rule, regulation, or order by any officer of a State or local government agency under this Act, except that nothing in this section affects the power of any court of competent jurisdiction to consider, hear, and determine in any proceeding before it any issue raised by way of defense (other than a defense based on the unconstitutionality of this Act or the validity of action taken by any agency under this Act). If in any such proceeding an Removal. issue by way of defense is raised based on the unconstitutionality of this Act or the validity of agency action under this Act, the case shall be subject to removal by either party to a district court of the United States in accordance with the applicable provisions of chapter 89 of title 28, United States Code. Cases or controversies arising under any 28 USC 1441. rule, refrulation, or order of any officer of a State or local government agency may be heard in either (A) any appropriate State court, or (B) without regard to the amount in controversy, the district courts of the United States. (c) Subject to the provisions of section 401(i) of this Act, and not- Litigation, withstanding any other law, the litigation of the Department shall supervision by be subject to the supervision of the Attorney General pursuant to Attorney chapter 31 of title 28, United States Code. The Attorney General may General. 28 authorize any attorney of the Department to conduct any civil litiga- seq,u s e 501 et tion of the Department in any Federal court except the Supreme Court.

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Page:United States Statutes at Large Volume 91.djvu/624

 9 1 STAT. 590

PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 REMEDIAL ORDERS

Violations. 42 USC 7193.

SEC. 503. (a) If upon investigation the Secretary or his authorized representative believes that a person has violated any regulation, rule, or order described in section 501(a) promulgated pursuant to the 15 USC 751 note. Emergency Petroleum Allocation Act of 1973, he may issue a remedial order to the person. E a c h remedial order shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of such rule, regulation, or order alleged to "Person." have been violated. For purposes of this section "person" includes any individual, association, company, corporation, partnership, or other entity however organized. Final order, (b) If within t h i r t y days after the receipt of the remedial order appeal, issued by the Secretary, the person fails to notify the Secretary that prohibition. he intends to contest the remedial order, the remedial order shall become effective and shall be deemed a final order of the Secretary and not subject to review by any court or agency. Contestation, (c) If within thirty days after the receipt of the remedial order notice. issued by the Secretary, the person notifies the Secretary that he intends to contest a remedial order issued under subsection (a) of this section, the Secretary shall immediately advise the Commission of Stay. such notification. Upon such notice, the Commission shall stay the effect of the remedial order, unless the Commission finds the public interest requires immediate compliance with such remedial order. The Hearing. Commission shall, upon request, afford an opportunity for a hearing, including, at a minimum, the submission of briefs, oral or documenCross tary evidence, and oral arguments. To the extent that the Commission examination. in its discretion determines that such is required for a full and true disclosure of the facts, the Commission shall afford the r i g h t of cross Final order. examination. The Commission shall thereafter issue an order, based Enforcement and on findings of fact, affirming, modifying, or vacating the Secretary's remedial order, or directing other appropriate relief, and such order shall, for the purpose of judicial review, constitute a final agency action, except that enforcement and other judicial review of such action shall be the responsibility of the Secretary. Time limits. (d) The Secretary may set reasonable time limits for the Commission to complete action on a proceeding referred to it pursuant to this section. (e) Nothing in this section shall be construed to affect any procedural action taken by the Secretary prior to or incident to initial issuance of a remedial order which is the subject of the hearing provided in this section, but such procedures shall be reviewable in the hearing. Savings (f) The provisions of this section shall be applicable only with reprovision. spect to proceedings initiated by a notice of probable violation issued after the effective date of this Act. REQUESTS FOR ADJUSTMENTS

42 USC 7194.

15 USC 761 note. 15 USC 791 note. 42 USC 6201 note.

SEC. 504. (a) The Secretary or any officer designated by him shall provide for the making of such adjustments to any rule, regulation or order described in section 501(a) issued under the Federal Energy Administration Act, the Emergency Petroleum Allocation Act of 1973, the Energy Supply and Environmental Coordination Act of 1974, or the Energy Policy and Conservation Act, consistent with the other purposes of the relevant Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens, and shall by

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Page:United States Statutes at Large Volume 91.djvu/625

 PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 591

rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or recission of, exception to, or exemption from, such rule, regulation or order. The Secretary or any such officer shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardsliip, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such application or petition. (b)(1) I f any person is aggrieved or adversely affected by a denial Denial, judicial of a request for adjustment under subsection (a) such person may review. request a review of such denial by the Connnission and may obtain judicial review in accordance with this title when such a denial becomes final. (2) The Commission shall, by rule, establish appropriate proce- Hearing dures, including a hearing when requested, for review of a denial. Action by the Commission under this section shall be considered final agency action within the meaning of section 704 of title 5, United States Code, and shall not be subject to further review by the Secretary or any officer or employee of the Department. Litigation involving judicial review of such action shall be the responsibility of the Secretary. REVIEW AND EFFECT

SEC, 505. Within one year after the effective date of this Act, the Secretary shall submit a report to Congress concerning the actions taken to implement section 501. The report shall include a discussion of the adequacy of such section from the standpoint of the Department and the public, including a summary of any comments obtained by the Secretary from the public about such section and implementing regulations, and such recommendations as the Secretary deems appropriate concerning the procedures required by such section. TITLE:

Report to Congress.

42 USC 7195. Contents.

VI—ADMINISTRATIVE PROVISIONS

P A R T A—CoNn.ioT OF INTEREST PROVISIONS DEFINITIONS

SEC. 601. (a) For the purposes of this title, the following officers or Supervisory employees. employees of the Department are supervisory employees: (1) an individual holding a position in the Department a t 42 USC 7211. GS-16, GS-17, or GS-18 of the General Schedule or at level I, 5 USC 5332 note. II, III, IV, or V of the Executive Schedule, or who is in a posi- 5 USC tion at a comparable or higher level on any other Federal pay 5312-5316. scale, or who holds a position pursuant to subsection (b) or (d) of section 621, or who is an expert or consultant employed pursuant to section 3109 of title 5, United States Code, for more than ninety days in any calendar year and receives compensation at an annual rate equal to or in excess of the minimum rate prescribed for individuals at G S - 1 6 of the General Schedule; (2) the Director or Deputy Director of any State, regional, district, local, or other field office maintained pursuant to section 650 of this Act; (3) an employee or officer who has primary responsibility for the award, review, modification, or termination of any grant,

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Page:United States Statutes at Large Volume 91.djvu/626

 91 STAT. 592

"Energy concern.'

List of energy concerns, publication.

Energy concerns, knowledge of interest or positions.

PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 contract, award, or fund transfer within the authority of the Secretary; and (4) any other employee or officer who, in the judgment of the Secretary, exercises sufficient decisionmaking or regulatory authority so that the provisions of this title should apply to such individual. (b) For purposes of this title the term "energy concern" includes— (1) any person significantly engaged in the business of developing, extracting, producing, refining, transporting by pipeline, converting into synthetic fuel, distributing, or soiling minerals for use as an energy source, or in the generation or transmission of energy from such minerals or from wastes or renewable resources; (2) any person holding an interest in property from which coal, natural gas, crude oil, nuclear material or a renewable resource is commercially produced or obtained; (3) any person significantly engaged in the business of producing, generating, transmitting, distributing, or selling electric power; (4) any person significantly engaged in development, production, processing, sale, or distribution of nuclear materials, facilities, or technology; (5) any person— (A) significantly engaged in the business of conducting research, development, or demonstration related to an activity described in paragraph (1), (2), (3), or (4); or (B) significantly engaged in conducting such research, development, or demonstration with financial assistance under any Act the functions of which are vested in or delegated or transferred to the Secretary or the Department. (c)(1) The Secretary shall prepare and periodically publish a list of persons which the Secretary has determined to be energy concerns as defined by subsection (b). The absence of any particular energy concern from such list shall not exempt any officer or employee from the requirements of sections 602 through 606 of this Act. (2) A t the request of any officer or employee of the Department the Secretary shall determine whether any person is an energy concern as defined by subsection (b). (d) For the purposes of sections 6 0 2 (a), 6 0 3 (a), 6 0 5 (a), and 606 an individual shall be deemed to have known of or knowingly committed a described act or to have known of or knowingly held a described interest, status, or position if the employee knew or should have known of such act, interest, status, or position. For the purposes of section 602(a) an officer or employee shall be deemed to have known of or knowingly held an interest in an energy concern if such interest is sold or otherwise transferred to his spouse or dependent while such officer or employee is, or within six months prior to the date on which such officer or employee becomes, an officer or employee of the Department. The placing of an interest under a trust by an individual shall not satisfy the requirement of section 602 or wnive the requirements of section 603 as to such interest unless none of the interests placed under such trust by such individual consists of known financial interests in any energy concern. DIVESTITURE OF EISTERGY HOLDINGS BY SUPERVISORY OFFICIALS

42 USC 7212.

gEc. 602. (a) No supervisory employee shall knowingly receive compensation from, or hold any official relation with, any energy con-

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Page:United States Statutes at Large Volume 91.djvu/627

 PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 cern, or own stocks or bonds of any enoroy concern, or have any pecuniary interest therein. (b) Personnel transfered to the Department pursuant to section 701 of this Act shall have six months to comply with the provisions of subsection (a) with respect to prohibited property holdings. Any person transferred pursuant to section 701 of this Act shall notify the Secietar}^ or his designee of all known circumstances which would be violative of the restrictions set forth in subsection (a) not later than thirty days after the date of such transfer, as determined by the United States Civil Service Commission. (c) Where exceptional hardship would result, or where the interest is a pension, insurance or other similarly vested interest, the Secretary is authorized to waive the requirements of this section for such period as he may prescribe with respect to any supervisory employee covered. Such waiver shall: (1) be published in the P\Hleral Register; (2) contain a finding by the Secretary that exceptional hardship would result or that theie is such a vested interest; and (3) state the period of the waiver and indicate the actions taken to minimize or eliminate the conflict of interest during such period. (d) Any supervisory employee who continues to receive income from any energy concern, or continues to own property directly or indirectly in any such conceiii shall disclose such income or ownership pursuant to section 603.

91 STAT. 593

Transferred personnel, compliance. Notice.

Waiver.

Publication in Federal Register.

DISCLOSI'KE OF KNKROY ASSETS

SEC. 603. (a) Each individual who at any time during the calendar year serves as an officer oi- employee of the I)epartment shall disclose to the Secretary— (1) the amount of income and the identity of the source of income knowdngly received by such individual, his spouse, or dependent from any energy concerU, and (2) the identity and value of interest knowingly held in any such concern during such calendar yeai'. Such report shall be filed not later than thirty days after commencing service in the Department and on May 15 following each such calendar yeai-. Each report under this subsection shall be in such form and niannei- as the Secretary shall, by rule, prescribe. . = = (b) The Secretary shall— (1) act, within ninety days after the effective date of this Act, by rule to establish the methods by which the requirement to file written statements specified in subsection (a) will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements, for the I'ecording by the reviewing official of any action taken to eliminate any potential conflict, and for the signing of such statement by the reviewing official; and (2) include, as part of the report made pursuant to section 657, a report with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. (c) I n the rules prescribed in subsection (b), the Secretary shall identify specific positions, or classes thereof, within the Department which are of a nonregulatory or nonpolicymaking nature at or below GS-12 of the General Schedule and shall exempt such positions and

Report, 42 USC 7213.

Exempt positions, 5 USC 5332 note.

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Extension.

PUBLIC LAW 95-91—AUG. 4, 1977 the individuals occupying those positions from the requirements of this section. (d) Each individual required to file a report under this section who during any calendar year ceases to be an officer or employee of the Department shall file a report covering that portion of such year beginning on January 1 and ending on the date on which he ceases to be such an officer or employee, and such report shall be filed with the Secretary not later than thirty days after such date. (e) The Secretary may grant one or more reasonable extensions of time for filing any such report under this section but the total of such extensions shall not exceed ninety days. REPORT ON PRIOR EMPLOYMENT

42 USC 7214.

Contents.

Exceptions.

SEC. 604. (a) Within sixty days of becoming a supervisory employee of the department, each supervisory employee shall file with the Secretary, in such form and manner as the Secretary shall prescribe, a report identifying any energy concern which paid the reporting individual compensation in excess of $2,500 in any of the previous five calendar years. The individual shall include in the report— (1) the name and address of each source of such compensation; (2) the period during which the reporting individual was receiving such compensation from each such source; (3) the title of each position or relationship the reporting individual held with each compensating source; and (4) a brief description of the duties performed or services rendered by the reporting individual in each such position. (b) Subsection (a) shall not require any individual to include in such report any information which is considered confidential as a result of a privileged relationship, recognized by law, between such individual and any person; nor shall it require an individual to report any information with respect to any person for whom services were provided by any firm or association of which such individual was a member, partner, or employee unless such individual was directly involved in the provision of such services. POSTEMPLOYMENT PROHIBITIONS AND REPORTING REQUIREMENTS

42 USC 7215.

Exceptions.

National interest exception. Publication in Federal Register.

SEC. 605. (a)(1) Except as provided in paragraph (2) or (3), no supervisory employee shall, within one year after his employment with the Department has ceased, knowingly— (A) make any appearance or attendance before, or (B) make any written or oral communication to, and with the intent to influence the action of; the Department if such appearance or communication relates to any particular matter which is pending before the Department. (2) Paragraph (1) shall not apply to any appearance, attendance, or communication made, during any part of such year that such individual is employed by, and is on behalf of, the United States; nor shall it apply to an appearance or communication by the former supervisory employee where such appearance or communication is made in response to a subpena, or concerns any matter of an exclusively personal and individual nature such as pension benefits. (3) Paragraph (1) shall not prohibit a former supervisory employee with outstanding scientific or technological qualifications from making any appearance, attendance, or written or oral communica-

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tion in connection with a particular matter in a scientific or technological field if the Secretary or the Commission, as the case may be, makes a certification in writing, published in the Federal Register, that the national interest would be served by such action or appearance by such former supervisory employee. (b)(1) Each former supervisory employee of the Department shall Report, file with the Secretary, in such form and manner as the Secretary shall prescribe, not later tlian May 15 of the first and second calendar years following the first full year in which such person ceased to be an officer or employee of the Department, a report describing any employment with any energy concern during the period to which such report relates, including any employment as a consultant, agent, attorney, or otherwise, except that the requirements of this subsection shall not apply to any former supervisory employee who, at the time such employment with the Department ceases, has any contract, promise, or other agreement with respect to future employment with any energy concern, if (A) the former supervisory employee describes such agreement in any report filed within thirty days after the individual ceases to be an employee of the Department, and (B) the former supervisory employee amends the report by May 15 of either of the next two years during which he has accepted employment with another energy concern, (2) Each report filed pursuant to paragraph (1) of this subsec- Contents, tion shall contain the name and address of the person filing the report, the name and address of the energy concern with which he holds or will hold employment during any portion of the period covered by the report, a brief description of his responsibilities for the energy concern, the dates of his employment, and such other pertinent information as the Secretary may require. PARTICIPATION

PROHIBITIONS

SEC. 606. (a) For a period of one year after terminating any 42 USC 7216. employment with any energy concern, no supervisory employee shall knowingly participate in any Department proceeding in which his former employer is substantially, directly, or materially involved, other than in a rulemaking proceeding which has a substantial effect on numerous energy concerns. (b) For a period of one year after commencing service in the Department, no supervisory employee shall knowingly participate in any Department proceeding for which, within the previous five years, he had direct responsibility, or in which he participated substantially or personally, while in the employment of any energy concern. (c) Whenever the Secretary makes a written finding as to a particu- Waiver, lar supervisory employee that the application of a particular restriction or requirement imposed by subsection (a) or (b) in a particular circumistance would work an exceptional hardship upon such supervisory employee or would be contrary to the national interest, the Secretary may waive in writing such restriction or requirement as to such supervisory employee. Any waiver made by the Secretary of a restriction imposed under subsection (b) shall also be filed with any record of the Department proceeding as to which the waiver for purposes of participation is granted. No such waiver shall in any instance r constitute a waiver of the requirements of section 207 of title 18, United States Code.

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PUBLIC LAW 95-91—AUG. 4, 1977 PR( KDURES APPLICABLE TO REPORTS

Reports, availability to public. 42 USC 7217. Fee.

Audit.

Findings and waivers file, availability to public.

SEC. 607. (a)(1) P^xcept as provided in this section, the Secretary shall make each report tiled with him nnder section 603, 604, or 605 available to the public within thirty days after the receipt of such report, and shall provide a copy of any such report to any person upon written request. ("2) The Secretary may require any person receiving a copy of any report to pay a reasonable fee in any amount wdiich the Secretary finds necessary to recover the cost of reproduction or mailing of such report, excluding any salary of any employee involved in such reproduction or mailing. The Secretary may furnish a copy of any such report without charge, or at a reduced charge, if he determines that waiver or reduction of the fee is in the public interest because furnishing the information primarily benefits the public. (3) Any report received by the Secretary shall be held in his custody and made available to the public for a period of six years after receipt by the Secretary of such report. After such six-year period, the Secretary shall destroy any such report. (b) The Civil Service Commission shall, under such regulations as are prescribed by the Commission, conduct, on a random basis, a sufficient number of audits of the reports filed pursuant to sections 603, 604, and 605, as deemed necessary and appropriate in order to monitor the accuracy and completeness of such reports. (c) The Secretary shall maintain a file containing all findings and waivers made by him pursuant to section 602(c), 603(c), 6 0 5 (a), or 606(c) and all such findings and waivers shall be available for public inspection and copying at all times during regular working hours in accordance wnth the procedures of this section. SANCTIONS

42 USC 7218.

SEC. 608. (a) Any individual who is subject to, and knowingly violates, section 608 shall be fined not more than $2,500 or imprisoned not more than one year, or both. (b) Any individual who violates section 602, 603, 604, 605, or 606 shall be subject to a civil penalty, assessed by the Secretary in accordance with applicable law or by any district court of the United States, not to exceed $10,000 for each violation. (c) Notwithstanding any penalty imposed under subsection (a), any violation of section 605(a) shall be taken into consideration in deciding the outcome of any Department proceeding in connection with wdiich the prohibited appearance, attendance, communication, or submission was made. (d) Nothing in this title shall be deemed to limit the operation of section 207 or section 208 of title 18, United States Code. Nor shall any waiver issued pursuant to section 602(c) constitute a waiver of the requirements of such provision. "

P A R T B — P E R S O N N E L PROVISIONS OFFICERS AND EMPLOYEES

42 USC 7231.

SEC. 621. (a) I n the performance of his functions the Secretary is authorized to appoint and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out such functions. Except as otherwise provided in this section, such officers

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and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (b)(1) Subject to the limitations provided in paragraph (2) and to the extent the Secretary deems such action necessary to the discharge of his functions, he may appoint not more than three hundred eleven of the scientific, engineering, professional, and administrative personnel of the department without regard to the civil service laws, and may fix the compensation of such personnel not in excess of the maximum rate pavable for GS-18 of the General Schedule under section 5332 of title 5,'United States Code. 5 USC 5332 note. (2) The Secretary's authority under this subsection to appoint an individual to such a position without regard to the civil service laws shall cease— (A) when a person appointed, within four years after the effective date of this Act, to fill such position under paragraph (1) leaves such position, or (B) on the day which is four years after such effective date, whichever is later. (c)(1) Subject to the provisions of chapter 51 of title 5, United States Code, but notwithstanding the last two sentences of section 5 USC 5101. 5108(a) of such title, the Secretary may place at GS-16, GS-17, and GS-1<S. not to exceed one hundred seventy-eight positions of the positions subject to the limitation of the first sentence of section 5108(a) of su'^'h title. (2) Appointments under this subsection may be made without regard to the provisions of sections 3324 of title 5, United States Code, relating to the approval by the Civil Service Commission of appointments under GS-16, GS-17, and GS-18 if the individual placed in such position is an individual who is transferred in connection with a transfer of functions under this Act and who, immediately before the effective date of this Act, held a position and duties comparable to those of such position. (3) The Secretary's authority under this subsection with respect to any position shall cease when the person first appointed to fill such position leaves such position. (d) I n addition to the number of positions which may be placed • at GS-16, GS-17, and G S - 1 8 under section 5108 of title 5, United States Code, under existing law. or under this Act and to the extent the Secretary deems such action necessary to the discharge of his functions, he may appoint not more than two hundred of the scientific, engineering, professional, and administrative personnel without regard to the civil service laws and may fix the compensation of such personnel not in excess of the maximum rate payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code. (e) For the purposes of determining the maximum aggregate number of positions which may be placed at GS-16, GS-17, or G S - 1 8 under section 5108(a) of title 5, United States Code, 63 percent of the positions established under subsections (b) and (c) shall be deemed GS-16 positions, 25 percent of such positions shall be deemed GS-17 positions, and 12 percent of such positions shall be deemed GS-18. SENIOR POSITIONS

SEC. 622. I n addition to those positions created by title II of this 42 USC 7232. Act, there shall be within the Department fourteen additional officers ^«^e' P- 569. in positions authorized by section 5316 of title 5. United States Code, who shall be appointed by the Secretary and who shall perform such functions as the Secretary shall prescribe from time to time.

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PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 EXPERTS AND CONSULTANTS

42 USC 7233. 5 USC 5332 note.

SEC. 623. The Secretary may obtain services as authorized by section 3109 of title 5, United States Code, at rates not to exceed the daily rate prescribed for grade G S - 1 8 of the General Schedule under section 5332 of title 5, United States Code, for persons in Government service employed intermittently. ADVISORY COMMITTEES

Establishment. 42 USC 7234. 5 USC app.

Meetings. 15 USC 776.

SEC. 624. (a) The Secretary is authorized to establish in accordance with the Federal Advisory Committee Act such advisory committees as he may deem appropriate to assist in the performance of his functions. Members of such advisory committees, other than full-time employees of the Federal Government, while attending meetings of such committees or while otherwise serving at the request of the Secretary while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay. (b) Section 17 of the Federal Energy Administration Act of 1974 shall be applicable to advisory committees chartered by the Secretary, or transferred to the Secretary or the Department under this Act, except that where an advisory committee advises the Secretary on matters pertaining to research and development, the Secretary may determine that such meeting shall be closed because it involves research and development matters and comes within the exemption of section 552b (c)(4) of title 5, United States Code. ARMED SERVICES PERSONNEL

42 USC 7235.

10 USC 7421 et ^^l-

S E C 625. (a) The Secretary is authorized to provide for participation of Armed Forces personnel in carrying out functions authorized to be performed, on the date of enactment of this Act, in the Energy Research and Development Administration and under chapter 641 of title 10, United States Code. Members of the A r m e d Forces may be detailed for service in the Department by the Secretary concerned (as such term is defined in section 101 of such title) pursuant to cooperative agreements with the Secretary. (b) The detail of any personnel to the Department under this section shall in no way affect status, office, rank, or grade which officers or enlisted men may occupy or hold or any emolument, perquisite, right, privilege, or benefit incident to, or arising out of, such status, office, rank, or grade. Any member so detailed shall not be charged against any statutory or other limitation or strengihs applicable to the Armed P'orces, but shall be charged to such limitations as may be applicable to the Department. A member so detailed shall not be subject to direction or control by his a n n e d force, or any officer thereof, directly or indirectly, with respect to the responsibilities exercised in the position to which detailed.

P A R T C — GENERAL ADMINISTRATIVE

PROVISIONS

GENERAL AUTHORITY

42 USC 7251.

SEC. 641. To the extent necessary or appropriate to perform any function transferred by this Act, the Secretary or any officer or employee of the Department may exercise, in carrying out the function so transferred, any authority or part thereof available by law,

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including appropriation Acts, to the official or agency from which such function was transferred. DELEGATION

SEC. 642. Except as otherwise expressly prohibited by law, and except 42 USC 7252. as otherwise provided in this Act, the Secretary may delegate any of his functions to such officers and employees of the Department as he may designate, and may authorize such successive redelegations of such functions within the Department as he may deem to be necessary or appropriate. REORGANIZATION

SEC. 643. The Secretary is authorized to establish, alter, consolidate 42 USC 7253. or discontinue such organizational units or components within the Department as he may deem to be necessary or appropriate. Such authority shall not extend to the abolition of organizational units or components established by this Act, or to the transfer of functions vested by this Act in any organizational unit or component. RULES

SEC. 644. The Secretary is authorized to prescribe such procedural 42 USC 7254. and administrative rules and regulations as he may deem necessary or appropriate to administer and manage the functions now or hereafter vested in him. SUBPENA

SEC. 645. For the purpose of carrying out the provisions of this Act, 42 USC 7255. the Secretary, or his duly authorized agent or agents, shall have the same powers and authorities as the Federal Trade Commission under section 9 of the Federal Trade Commission Act with respect to all 15 USC 49. functions vested in, or transferred or delegated to, the Secretary or such agents by this Act. CONTRACTS

SEC. 646. (a) The Secretary is authorized to enter into and perform 42 USC 7256. such contracts, leases, cooperative agreements, or other similar transactions with public agencies and private organizations and persons, and to make such payments (in lump sum or installments, and by way of advance or reimbursement) as he may deem to be necessary or appropriate to carry out functions now or hereafter vested in the Secretary. (b) Notwithstanding any other provision of this title, no authority to enter into contracts or to make payments under this title shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts. ACQUISITION A N D M A I N T E N A N C E OF PROPERTY

SEC. 647. The Secretary is authorized to acquire (by purchase, lease, 42 USC 7257. condemnation, or otherwise), construct, improve, repair, operate, and maintain laboratories, research and testing sites and facilities, quarters and related accommodations for employees and dependents of employees of the Department, personal property (including patents), or any interest therein, as the Secretary deems necessary; and to provide by contract or otherwise for eating facilities and other necessary facilities for the health and welfare of employees of the Department at its installations and purchase and maintain equipment therefor.

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PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 FACILITIES CONSTRUCTIOIsr

42 USC 7258.

Reimbursement.

Educational transportation. Reasonable prices. Reimbursement proceeds, use.

SEC. 648. (a) A s necessary and when not otherwise available, the Secretary is authorized to provide for, construct, or maintain the following for employees and their dependents stationed at remote locations: (1) Emergency medical services and supplies; (2) Food and other subsistence supplies; (3) Messing facilities; (4) Audio-visual equipment, accessories, and supplies for recreation and t r a i n i n g; (5) Reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons; (6) Living and working quarters and facilities; and (7) Transportation of schoolage dependents of employees to the nearest appropriate educational facilities. (b) The furnishing of medical treatment under paragraph (1) of subsection (a) and the furnishing of services and supplies under paragraph s (2) and (3) of subsection (a) shall be at prices reflecting reasonable value as determined by the Secretary. (c) Proceeds from reimbursements under this section shall be deposited in the Treasury and may be w i t h d r a w n by the Secretary to pay directly the cost of such work or services, to repay or make advances to appropriations of funds which will initially bear all or a part of such cost, or to refund excess sums when necessary. Such payments may be credited to a working capital fund otherwise established by law, including the fund established pursuant to section 653 of this xVct, and used under the law governing such fund, if the fund is available for use by the Department for performing the work or services for which payment is received. USE o r

U.S. and foreign government facilities.

42 USC 7259.

40 USC 472. Reimbursement proceeds, use.

,.*.,;.,

FACILITIES

SEC. 649. (a) W i t h their consent, the Secretary and the Federal Energy Regulatory Commission may, with or without reimbursement, use the research, equipment, and facilities of any agency or instrumentality of the United States or of any State, the District of Columbia, the Commonwealth of P u e r to Rico, or any territory or possession of the United States, or of any political subdivision thereof, or of any foreign government, in carrying out any function now or hereafter vested in the Secretary or the Commission. (b) I n carrying out his functions, the Secretary, under such terms, at such rates, and for such periods not exceeding five years, as he may deem to be in the public interest, is authorized to permit the use by public and private agencies, corporations, associations, or other organizations or by individuals of any real property, or any facility, structure, or other improvement thereon, under the custody of the Secretary for Department purposes. The Secretary may require permittees under this section to recondition and maintain, at their own expense, the real property, facilities, structures, and improvements involved to a satisfactory standard. This section shall not apply to excess property as defined in 3(e) of the Federal Property and Administrative Services Act of 1949. (c) Proceeds from reimbursements under this section shall be deposited in the Treasury and may be withdrawn by the Secretary or the head of the agency or instrumentality of the United States

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involved, as the case may be, to pay directly the costs of the equipment, or facilities provided, to repay or make advances to appropriations or funds which do or will initially bear all or a part of such costs, or to refund excess sums when necessary, except that such proceeds may be credited to a working capital fund otherwise established by law, including the fund established pursuant to section 653 of this Act, and used under the law governing such fund, if the fund is available for use for providing the equipment or facilities involved. •

FIELD OFFICES

SEC. 650. The Secretary is authorized to establish, alter, consolidate 42 USC 7260. or discontinue and to maintain such State, regional, district, local or other field offices as he may deem to be necessary to carry out functions vested in him. COPYRIGHTS

SEC. 651. The Secretary is authorized to acquire any of the follow- 42 USC 7261. ing described rights if the property acquired thereby is for use by or for, or useful to, the Department: (1) copyrights, patents, and applications for palenis, designs, processes, and manufacturing d a t a; (2) licenses under copyrights, patents, and applications for p a t e n t s; and (3) releases, before suit is brought, for past infringement of patents or copyrights. GIFTS AXD BEQUESTS

SEC. 652. The Secretary is authorized to accept, hold, administer, and utilize gifts, bequests, and devises of property, both real and personal, for the purpose of aiding or facilitating the work of the Department. Gifts, bequests, and devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be disbursed upon the order of the Secretary. Property accepted pursuant to this section, and the i^roceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift, bequest, or devise. For the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift, bequest, or devise to the United States. ':

CAPITAL FUND

42 USC 7262.

SEC. 653. The Secretary is authorized to establish a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services r.s he shall find to be desirable in the interests of economy and efficiency, including such services as a central supply service for stationery and other supplies and e^niipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its agencies; central messenger, mail, telephone, and other communications services; office space, central services for document reproduction, and for graphics and visual aids; and a central library service. The capital of the fund shall consist of any appropriations made for the purpose of providing capital (which appropriations are hereby r.uthorized) and the fair and reasonable value of such stocks

Establishment.

42 USC 7263.

Contents.

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Transfers.

PUBLIC LAW 95-91—AUG. 4, 1977 of supplies, equipment, and other assets and inventories on order as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations. Such funds shall be reimbursed in advance from available funds of agencies and offices in the Department, or from other sources, for supplies and services at rates which will approximate the expense of operation, including the accrual of annual leave and the depreciation of equipment. The fund shall also be credited with receipts fiom sale or exchange of property and receipts in payment for loss or damage to property owned by the fund. There shall be covered into the United States Treasury as miscellaneous receipts any surplus found in the fund (all assets, liabilities, and prior losses considered) above the amounts transferred or appropriated to establish and maintain said fund. There shall be transferred to the fund the stocks of supplies, equipment, other assets, liabilities, and unpaid obligations relating to the services which he determines will be performed through the fund. Appropriations to the fund, in such amounts as may be necessary to provide additional working capital, are authorized. SEAL OF DEPARTMENT

42 USC 7264.

SEC. 654. The Secretary shall cause a seal of office to be made for the Department of such design as he shall approve and judicial notice shall be taken of such seal. REGIONAL E N E R O r ADVISORY BOARDS

Establishment.

42 USC 7265. Observers.

42 USC 3181.

Recommendations.

SEC. 655. (a) The Governors of the various States may establish Regional Energy Advisory Boards for their regions with such membership as they may determine. (b) Representatives of the Secretary, the Secretary of Commerce, the Secretary of the Interior, the Chairman of the Council on Environmental Quality, the Commandant of the Coast Guard and the Administrator of the Environmental Protection Agency shall be entitled to participate as observers in the deliberations of any Board established pursuant to subsection (a) of this section. The Federal Cochairman of the Appalachian Regional Commission or any regional commission under title V of the Public Works and Economic Development Act shall be entitled to participate as an observer in the deliberations of any such Board which contains one or more States which are members of such Commission. (c) Each Board established pursuant to subsection (a) may make such recommendations as it determines to be appropriate to programs of the Department having a direct effect on the region. (d) If any Regional Advisory Board makes specific recommendations pursuant to subsection (c). the Secretary shall, if such recommendations are not adopted in the implementation of the program, notify the Board in writing of his reasons for not adopting such recommendations. DESIGNATION OF CONSERVATION OFFICERS

42 USC 7266.

SEC. 656. The Secretary of Defense, the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Agriculture, the Secretary of the Interior, the United States Postal Service, and the Administrator of General Services shall each designate one Assistant Secretary or

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Assistant Administrator, as the case may be, as the principal conservation officer of such Department or of the Administration. Such designated principal conservation officer shall be principally responsible for planning and implementation of energy conservation programs by such Department or Administration and principally responsible for coordination with the Department o,f Energy with respect to energy matters. E a c h agency, Department or Administration List, publication, required to designate a principal conservation officer pursuant to this section shall periodically inform the Secretary of the identity of such conservation officer, and the Secretary shall periodically publish a list identifying such officers. A N N U A L REPORT

SEC. 657- The Secretary shall, as soon as practicable after the end of each hscal year, commencing with the first complete fiscal year following the effective date of this Act, make a report to the President for submission to the Congress on the activities of the Department during the preceding fiscal year. Such report shall include a statement of the Secretary's goals, priorities, and plans for the Department, together with an assessment of the progress made toward the attainment of those goals, the effective and efficient management of the Department, and progress made in coordination of its functions with other departments and agencies of the Federal Government. I n addition, such report shall include the information required by section 15 of the Federal Energy Administration Act of 1974, section 307 of the Energy Reorganization Act of 1974, and section 15 of the Federal Nonnuclear Energy Research and Development Act of 1974, and shall include: (1) projected energy needs of the United States to meet the requirements of the general welfare of the people of the United States and the commercial and industrial life of the Nation, including a comprehensive summary of data pertaining to all fuel and energy needs of residents of the United States residing in— (A) areas outside standard metropolitan statistical areas; and (B) areas within such areas which are unincorporated or are specified by the Bureau of the Census, Department of Commerce, as r u r a l areas; (2) an estimate of (A) the domestic and foreign energy supply on which the United States will be expected to rely to meet such needs in an economic manner with due regard for the protection of the environment, the conservation of natural resources, and the implementation of foreign policy objectives, and (B) the quantities of energy expected to be provided by different sources (including petroleum, natural and synthetic gases, coal, uranium, hydroelectric, solar, and other means) and the expected means of obtaining such quantities; (3) current and foreseeable trends in the price, quality, management, and utilization of energy resources and the effects of those trends on the social, environmental, economic, and other requirements of the N a t i o n; (4) a summary of research and development efforts funded by the Federal Government to develop new technologies, to forestall energy shortages, to reduce waste, to foster recycling, to encour-

Report to President for transmittal to Congress. 42 USC 7267. Contents.

15 USC 774. 42 USC 5877. 42 USC 5914. Energy needs.

Energy supply.

Trends.

Research and Development.

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 91 STAT. 604

Recommendations.

Foreign entities operating in the U.S., activity summary.

PUBLIC LAW 95-91—AUG. 4, 1977 age conservation practices, and to increase efficiency; and further such summary shall include a description of the activities the Department is performing in support of environmental, social, economic and institutional, biomedical, physical and safety research, development, demonstration, and monitoring activities necessary to guarantee that technological programs, funded by the Department, are nndertaken in a manner consistent with and capable of maintaining or improving the quality of the environment and of mitigating any undesirable environmental and safety impacts; (5) a review and appraisal of the adequacy and appropriateness of technologies, procedures, and practices (including competitive and regulatory practices) employed by Federal / State, and local governments and nongovernmental entities to achieve the purposes of this Act; (6) a summary of cooperative and voluntary efforts that have been mobilized to promote conservation and recycling, together with plans for such efforts in the succeeding fiscal year, and recommendations for changes in laws and regulations needed to encourage more conservation and recycling by all segments of the Nation's populace; (7) a summary of substantive measures taken by the Department to stimulate and encourage the development of new manpower resources through the Nation's colleges and universities and to involve these institutions in the execution of the Department's research and development program s; and (8) to the extent practicable, a summary of activities in the United States by companies or persons which are foreign owned or controlled and which own or control United States energy sources and supplies, including the magnitude of annual foreign direct investment in the energy sector in the United States and exports of energy resources from the United States by foreign owned or controlled business entities or persons, and such other related matters as the Secretary may deem appropriate. LEASING REPORT

Submittal to Congress. 42 USC 7268.

SEC. 658. The Secretary of the Interior shall submit to the Congress not later than one year after the date of enactment of this Act, a report on the organization of the leasing operations of the P'ederal Government, together with any recommendations for reorganizing such func- tions may deem necessary or appropriate. TRANSFER OF FUNDS

42 USC 7269. .ni

SEC. 659. The Secretary, when authorized in an appropriation Act, in any fiscal year, may transfer funds from one appropriation to another within the Department, except that no appropriation shall be either increased or decreased pursuant to this section by more than 5 per centum of the appropriation for such fiscal year. AUTHORIZATION OF APPROPRIATIONS

42 USC 7270.

SEC. 660. Appropriations to carry out the provisions of this Act shall be subject to annual authorization.

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Page:United States Statutes at Large Volume 91.djvu/639

 PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 605

TITLE VII—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL

SEC. 701. (a) Except as otherwise provided in this Act, the personnel 42 USC 7291. employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations authorizations, allocations, and other funds employed, held, used, arising from, available to or to be made available in connection with the functions transferred by this Act, subject to section 202 of the Budget and Accounting Procedure Act of 1950, are hereby transferred to the Sec- 31 USC 581c. retary for appropriate allocation. Unexpended funds transferred pursuant to this subsection shall onlj be used for the purposes for which the funds were originally authorized and appropriated. (b) Positions expressly specified by statute or reorganization plan to carry out function transferred by this Act, personnel occupying those positions on the effective date of this Act, and personnel authorized to receive compensation in such positions at the rate prescribed for offices and positions at level I, II, III, IV, or V of the executive .schedule (5 U.S.C. 5312-5316) on the effective date of this Act, shall be subject to the provisions of section 703 of this Act. EFFECT ON PERSONNEL

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SEC. 702. (a) Except as otherwise provided in this Act, the transfer 42 USC 7292. pursuant to this title of full-time personnel (except special Government employees) and part-time personnel holding permanent positions pursuant to this title shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of enactment of this Act, except that full-time temporary personnel employed at the Energy Research Centers of the Energy Research and Development Administration upon the establishment of the Department who are determined by the Department to be performing continuing functions may at the employee's option be converted to permanent full-time status within one hundred and twenty days following their transfer to the Department. The employment levels of full-time permanent personnel authorized for the Department by other law or administrative action shall be increased by the number of einployees who exercise the option to be so converted. (b) Any person who, on the effective date of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without 5 USC 5301 et a break in service, is appointed in the Department to a position having s«qduties comparable to those performed immediately preceding his appointment shall continue to be compensated in his new position at not less than the rate provided for his previous position, for the duration of his service in the new position. (c) Employees transferred to the Department holding reemployment rights acquired under section 28 of the Federal Energy Administration Act of 1974 or any other provision of law or regulation may 15 USC 786, exercise such rights only within one hundred twenty days from the effective date of this Act or within two years of acquiring such rights, whichever is later. Remployment rights may only be exercised at the request of the employee.

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 91 STAT. 606

PUBLIC LAW 95-91—AUG. 4, 1977 AGENCY TERMINATIONS

42 USC 7293.

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SEC. 703. Except as otherwise provided in this Act, whenever all of the functions vested by law in any agency, commission, or other body, or any component thereof, have been terminated or transferred from that agency, commission, or other body, or component by this Act, the agency, commission, or other body, or component, shall terminate. If an agency, commission, or other body, or any component thereof, terminates pursuant to the preceding sentence, each position and office therein which was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level II, III, IV, or V of the Executive Schedule (5 U.S.C. 5313-5316), shall terminate. INCIDENTAL TRANSFERS

42 USC 7294.

SEC. 704. The Director of the Office of Management and Budget, in consultation with the Secretary and the Commission, is authorized and directed to make such determinations as may be necessary with regard to the transfer of functions which relate to or are utilized by an agency, commission or other body, or component thereof affected by this Act, to make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to or to be made available in connection with the functions transferred by this Act, as he may deem necessary to accomplish the purposes of this Act. SAVINGS PROVISIONS

42 USC 7295.

jgEc. 705. (a) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act to the Department or the Commission after the date of enactment of this Act, and (2) which are in effect at the time this Act takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, the Federal Energy Regulatory Commission, or other authorized officials, a court of competent jurisdiction, or by operation of law. (b)(1) The provisions of this Act shall not affect any proceedings or any application for any license, permit, certificate, or financial assistance pending at the time this Act takes effect before any department, agency, commission, or component thereof, functions of which are transferred by this Act; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such 6rders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any

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 PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 607

such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (2) The Secretary and the Commission are authorized to promul- Regulations, gate regulations providing for the orderly transfer of such proceedings to the Department or the Commission. (c) Except as provided in subsection (e) — (1) the provisions of this Act shall not affect suits commenced prior to the date this Act takes effect, and, (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (d) No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this Act. (e) If, before the date on which this Act takes effect, any depart'^ ment or agency, or officer thereof in his official capacity, is a party to a suit, and under this Act any function of such department, agency, or officer is transferred to the Secretary or any other official, then such suit shall be continued with the Secretary or other official, as the case may be, substituted. SEPARABILITY

SEC. 706. If any provision of this Act or the application thereof 42 USC 7296. to any person or circumstance is held invalid, neither the remainder of this Act nor the application of such provision to other persons or circumstances shall be affected thereby. REFERENCE

SEC. 707. With respect to any functions transferred by this Act 42 USC 7297. and exercised after the effective date of this Act, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be d emed to refer to the Secretary, the Federal Energy Regulatory Commission, or other official or component of the Department in which this Act vests such functions. PRESIDENTIAL AUTHORITY

SEC. 708. Except as provided in title IV, nothing contained in this 42 USC 7298. Act shall be construed to limit, curtail, abolish, or terminate any function of, or authority available to, the President which he had immediately before the effective date of this Act; or to limit, curtail, abolish, or terminate his authority to delegate, redelegate, or terminate any delegation of functions. AMENDMENTS

SEC. 709. (a) The Federal Energy Administration Act of 1974 is amended: (1) by repealing sections 4,9,28, and 30; (2) in section 7— (A) by striking out subsections (a) and (b) and redesignating subsection (c) as subsection (a);

29-19U

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15 USC 761 note. Repeals. 15 USC 763, 768, 786, 761 note. 15 USC 766.

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 9 1 STAT. 608 15 USC 766.

PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977

(B) by striking out subsections (d), (e). (f), (g), and (h); (C) by striking out ' ' (i)(1) " and by striking out subparagraph s (A), (B), (C), (E), and (F) of subsection (i)(1) and redesignating subparagraph (D) of such subsection as subsection (b); (D^ by striking out, in the matter redesignated as subsection (b), "the rules,^ regulations, or orders described in paragraph (A) " and inserting in lieu thereof "any rule or regulation, or any order having the applicability and effect of a rule as defined in section 551(4) of title 5, United States Code, pursuant to this Act "; (E) by striking out, in such subsection, " paragraph (2) of this subsection" and inserting in lieu thereof "subsection (c) "; (F) by redesignating paragraph (2)(A) of subsection (i) as subsection (c) and by striking out subparagraph (B) of subsection (i)(2); and (G) by striking out paragraph (3) of subsection (i) and by striking out subsections (j) and (k); 15 USC 790a. (8) in section 52(a) — (A) by striking out " and " at the end of paragraph (2); (B) by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and "; and (C) by adding after such paragraph (3) the following new paragraph: 15 USC 717w. " (4) the States to the extent required by the Natural Gas Act 16 USC 791a. and the Federal Power Act.": and 15 USC 790d. (4) in section 55(b) — (A) by striking out "seven" and inserting in lieu thereof "six"; (B) by inserting " and " after "Federal Trade Commission:"; and (C) by striking out "one shall be designated by the Chairman of the Federal Power Commission; and". (b) The Energy Reorganization Act of 1974 is amended by repealRepeal. ing section 108. 42 USC 5818. (c)(1) The Atomic Energy Act of 1954 is amended by repealing Repeal. section 26. 42 USC 2036. (2) Section 161(d) of the Atomic Energy Act of 1954 shall not 42 USC 2201 apply to functions transferred by this Act. note. (d) I n section 509(e)(6) and (e) of title 5 of the Housing and 12 USC 1701Z-8. Urban Development Act of 1970, add "the Secretary of Housing and T'rban Development." to those individuals and agencies with whom the Secretary of tl\e Department of Energy must consult. (e) The Energy Conservation Standard s for Xew Buildings Act of 1976 is amended as follows: (1) in section 304(c), by inserting "the Secretary of Housing 42 USC 6833. and Urban Development," after "the Administrator,"; and 42 USC 6839. (2) in section 310, by inserting "Secretary of Housing and Urban Development," after "the Administrator,". Loans, criteria. (f) The Rural Electrification Act of 1936 is amended by adding a new section 16 to title I thereof to read as follows: 7 USC 916. " SEC. 16. I n order to insure coordination of electric generation and transmission financing under this Act with the national energy policy, the Administrator in making or guaranteeing loans for the construction, operation, or enlargement of irenerating plants or electric transmission lines or systems, shall consider such general criteria consistent

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 PUBLIC LAW 9 5 - 9 1 - A U G. 4, 1977

91 STAT. 609

with the provisions of this Act as may be published by the Secretary of Energy.". (g) Section 19(d)(1) of title 3, United States Code, is amended by inserting immediately before the period at the end thereof the following: ", Secretary of Energy". ADMINISTRATIVE AMENDMENTS

SEC. 710. (a) Section 101 of title 5, United States Code is amended by adding at the end thereof the following: "The Department of Energy.". (b) Subsection (a) of section 5108 of title 5, United States Code, is amended by striking out "an aggregate of 2,754" and inserting in lieu thereof "an aggregate of 3,243". (c) Section 5312 of title 5, United States Code, is amended by adding at the end thereof the following: "(14) Secretary of Energy.". (d) Paragraph (22) of section 5313 of title 5, United States Code, is amended to read as follows: " (22) Deputy Secretary of Energy.". (e) Section 5314 of title 5, United States Code, is amended by striking out, in paragraph (21), "Federal Power Commission" and by inserting in lieu thereof "Federal Energy Regulatory Commission", and by amending paragraph (60) to read as follows: " (60) Under Secretary, Department of Energy". (f) Section 5315 of title 5, United States Code, is amended by striking out, in paragraph (60), "Federal Power Commission" and inserting in lieu thereof "Federal Energy Regulatory Commission", by striking out paragraph 102, and by adding at the end of the section the following: " (114) Assistant Secretaries of Energy (8). " (116) General Counsel of the Department of Energy. "(116) Administrator, Economic Regulatory Administration, Department of Energy. "(117) Administrator, Energy Information Administration, Department of Energy. "(118) Inspector General, Department of Energy. "(119) Director, Office of Energy Research, Department of Energy.". (g) Paragraphs (135) and (136) of section 5316 of title 5, United States Code, are amended to read as follows: "(135) Deputy Inspector General, Department of Energy. "(136) Additional Officers, Department of Energy (14).".

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TRANSITION

SEC. 711. With the consent of the appropriate department or agency 42 USC 7299. head concerned, the Secretary is authorized to utilize the services of such officers, employees, and other personnel of the departments and agencies from which functions have been transferred to the Secretary for such period of time as may reasonably be needed to facilitate the orderly transfer of functions under this Act. CIVIL SERVICE COMMISSION REPORT

SEC. 712. The Civil Service Commission shall, as soon as practicable but not later than one year after the effective date of this Act, prepare '^

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Transmittal to Congress. 42 USC 7300.

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 9 1 STAT. 610

Contents.

PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 and transmit to the Congress a report on the effects on employees of the reorganization under this Act, which shall include— (1) an identification of any position within the Department or elsewhere in the executive branch, which it considers unnecessary due to consolidation of functions under this Act; (2) a statement of the number of employees entitled to pay savings by reason of the reorganization under this Act; (3) a statement of the number of employees who are voluntarily or involuntarily separated by reason of such reorganization; (4) an estimate of the personnel costs associated with such reorganization; (0) the eft'ects of such reorganization on labor management relations: and (6) such legislative and administrative recommendations for improvements in personnel management within the Department as the Commission considers necessary. ENVIRONMENTAL IMPACT STATEMEXTS

42 USC 7301.

SEC. 713. The transfer of functions under titles III and IV of this Act shall not affect the validity of any draft environmental impact statement published before the effective date of this Act. TITLE VIII—ENERGY PLAXXIXG XATIONAL EXERGY POLICY PLAX

42 USC 7321.

Biennial transmittal to Congress. Contents.

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S E C 801. (a) The President shall— (1) prepare and submit to the Congress a proposed National Energy Policy P l a n (hereinafter in this title referred to as a ''proposed P l a n ' ') as provided in subsection (b); (2) seek the active participation by regional, State, and local agencies and instrumentalities and the private sector through public hearings in cities and rural communities and other appropriate means to insure that the views and proposals of all segments of the economy are taken into account in the formulation and review of such proposed P l a n; (3) include within the proposed P l a n a comprehensive summary of data pertaining to all fuel and energy needs of persons residing in— (A) areas outside standard metropolitan statistical areas; and (B) areas within standard metropolitan statistical areas which are unincorporated or are specified by the Bureau of the Census, Department of Commerce, as rural areas. (b) Xot later than April 1. 1079. and biennially thereafter, the President shall transmit to the Congress the proposed Plan. Such proposed P l a n shall— ^-j^^ consider and establish energy production, utilization, and conservation objectives, for periods of five and ten years, necessary to satisfy projected energy needs of the United States to meet the requirements of the general welfare of the people of the United States and the commercial and industrial life of the Nation, paying particular attention to the needs for full employment, price stability, energy security, economic growth, environmental protecticm, nuclear non-proliferation. special regional needs, and the efficient utilization of public and private resources;

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91 STAT. 611

(2) identify the strategies that should be followed and the resources that should be conunitted to achieve such objectives, forecasting the level of production and investment necessary in each of the significant energy supply sectors and the level of conservation and investment necessary in each consuming sector, and outlining the appropriate policies and actions of the Federal Government that will maximize the private production and investment necessary in each of the significant energy supply sectors consistent with applicable Federal, State, and local environmental laws, standards, and requirements; and (3) recommend legislative and administrative actions necessary and desirable to achieve the objectives of such proposed Plan, including legislative recommendations with respect to taxes or tax incentives, Federal funding, regulatory actions, antitrust policy, foreign policy, and international trade. (c) The President shall submit to the Congress with the proposed Report to Plan a report which shall include— Congress. (1) whatever data and analysis are necessary to support the objectives, resource needs, and policy recommendations contained in such proposed Plan; (2) an estimate of the domestic.and foreign energy supplies on which the United States will be expected to rely to meet projected energy needs in an economic manner consistent with the need to - ^ '• protect the environment, conserve natural resources, and implement foreign policy objectives; (3) an evaluation of current and foreseeable trends in the price, quality, management, and utilization of energy resources and the effects of those trends on the social, environmental, economic, and other requirements of the Nation; (4) a summary of research and development efforts funded by the Federal Government to forestall energy shortages, to reduce waste, to foster recycling, to encourage conservation practices, and to otherwise protect environmental quality, including recommendations for developing technologies to accomplish such purposes; and (5) a review and appraisal of the adequacy and appropriateness of technologies, procedures, and practices (including competitive and regulatory practices) employed by Federal, State, and local governments and nongovernmental entities to achieve the purposes of the Plan. (d) The President shall insure that consumers, small businesses, Consultation, and a wide range of other interests, including those of individual citizens who have no financial interest in the energy industry, are consulted in the development of the Plan. CONGRESSIONAL REVIEW

SEC. 802. (a) Each proposed Plan shall be referred to the appro- Plan, referral to priate committees in the Senate and the House of Representatives. congressional (b) Each such committee shall review the proposed Plan and, if committees. 7322. it deems appropriate and necessary, report to the Senate or the House 42 useto Report of Representatives legislation regarding such Plan which may contain Congress. such alternatives to, modifications of, or additions to the proposed Plan submitted by the President as the committee deems appropriate.

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